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90_HB1268sam001
LRB9000999EGfgam01
1 AMENDMENT TO HOUSE BILL 1268
2 AMENDMENT NO. . Amend House Bill 1268 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Nature of this Act.
5 (a) This Act may be cited as the First 1998 General
6 Revisory Act.
7 (b) This Act is not intended to make any substantive
8 change in the law. It reconciles conflicts that have arisen
9 from multiple amendments and enactments and makes technical
10 corrections and revisions in the law.
11 This Act revises and, where appropriate, renumbers
12 certain Sections that have been added or amended by more than
13 one Public Act. In certain cases in which a repealed Act or
14 Section has been replaced with a successor law, this Act
15 incorporates amendments to the repealed Act or Section into
16 the successor law. This Act also corrects errors, revises
17 cross-references, and deletes obsolete text.
18 (c) In this Act, the reference at the end of each
19 amended Section indicates the sources in the Session Laws of
20 Illinois that were used in the preparation of the text of
21 that Section. The text of the Section included in this Act
22 is intended to include the different versions of the Section
23 found in the Public Acts included in the list of sources, but
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1 may not include other versions of the Section to be found in
2 Public Acts not included in the list of sources. The list of
3 sources is not a part of the text of the Section.
4 (d) Public Acts 89-708 through 90-566 were considered in
5 the preparation of the combining revisories included in this
6 Act. Many of those combining revisories contain no striking
7 or underscoring because no additional changes are being made
8 in the material that is being combined.
9 (5 ILCS 80/4.9 rep.)
10 Section 5. Section 4.9 of the Regulatory Agency Sunset
11 Act is repealed.
12 Section 6. The Regulatory Agency Sunset Act is amended
13 by changing Section 4.18 as follows:
14 (5 ILCS 80/4.18)
15 Sec. 4.18. Acts Act repealed January 1, 2008. The
16 following Acts are Act is repealed on January 1, 2008:
17 The Acupuncture Practice Act.
18 The Clinical Social Work and Social Work Practice Act.
19 The Home Medical Equipment and Services Provider License
20 Act.
21 The Illinois Nursing Act of 1987.
22 The Illinois Speech-Language Pathology and Audiology
23 Practice Act.
24 The Marriage and Family Therapy Licensing Act.
25 The Nursing Home Administrators Licensing and
26 Disciplinary Act.
27 The Pharmacy Practice Act of 1987.
28 The Physician Assistant Practice Act of 1987.
29 The Podiatric Medical Practice Act of 1987.
30 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
31 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
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1 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised
2 12-30-97.)
3 Section 7. The Illinois Administrative Procedure Act is
4 amended by changing Section 1-5 as follows:
5 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
6 Sec. 1-5. Applicability.
7 (a) This Act applies to every agency as defined in this
8 Act. Beginning January 1, 1978, in case of conflict between
9 the provisions of this Act and the Act creating or conferring
10 power on an agency, this Act shall control. If, however, an
11 agency (or its predecessor in the case of an agency that has
12 been consolidated or reorganized) has existing procedures on
13 July 1, 1977, specifically for contested cases or licensing,
14 those existing provisions control, except that this exception
15 respecting contested cases and licensing does not apply if
16 the Act creating or conferring power on the agency adopts by
17 express reference the provisions of this Act. Where the Act
18 creating or conferring power on an agency establishes
19 administrative procedures not covered by this Act, those
20 procedures shall remain in effect.
21 (b) The provisions of this Act do not apply to (i)
22 preliminary hearings, investigations, or practices where no
23 final determinations affecting State funding are made by the
24 State Board of Education, (ii) legal opinions issued under
25 Section 2-3.7 of the School Code, (iii) as to State colleges
26 and universities, their disciplinary and grievance
27 proceedings, academic irregularity and capricious grading
28 proceedings, and admission standards and procedures, and (iv)
29 the class specifications for positions and individual
30 position descriptions prepared and maintained under the
31 Personnel Code. Those class specifications shall, however,
32 be made reasonably available to the public for inspection and
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1 copying. The provisions of this Act do not apply to hearings
2 under Section 20 of the Uniform Disposition of Unclaimed
3 Property Act.
4 (c) Section 5-35 of this Act relating to procedures for
5 rulemaking does not apply to the following:
6 (1) Rules adopted by the Pollution Control Board
7 that, in accordance with Section 7.2 of the Environmental
8 Protection Act, are identical in substance to federal
9 regulations or amendments to those regulations
10 implementing the following: Sections 3001, 3002, 3003,
11 3004, 3005, and 9003 of the Solid Waste Disposal Act;
12 Section 105 of the Comprehensive Environmental Response,
13 Compensation, and Liability Act of 1980; Sections 307(b),
14 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
15 Water Pollution Control Act; and Sections 1412(b),
16 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
17 Water Act.
18 (2) Rules adopted by the Pollution Control Board
19 that establish or amend standards for the emission of
20 hydrocarbons and carbon monoxide from gasoline powered
21 motor vehicles subject to inspection under Section
22 13A-105 of the Vehicle Emissions Inspection Law and rules
23 adopted under Section 13B-20 of the Vehicle Emissions
24 Inspection Law of 1995.
25 (3) Procedural rules adopted by the Pollution
26 Control Board governing requests for exceptions under
27 Section 14.2 of the Environmental Protection Act.
28 (4) The Pollution Control Board's grant, pursuant
29 to an adjudicatory determination, of an adjusted standard
30 for persons who can justify an adjustment consistent with
31 subsection (a) of Section 27 of the Environmental
32 Protection Act.
33 (5) Rules adopted by the Pollution Control Board
34 that are identical in substance to the regulations
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1 adopted by the Office of the State Fire Marshal under
2 clause (ii) of paragraph (b) of subsection (3) of Section
3 2 of the Gasoline Storage Act.
4 (d) Pay rates established under Section 8a of the
5 Personnel Code shall be amended or repealed pursuant to the
6 process set forth in Section 5-50 within 30 days after it
7 becomes necessary to do so due to a conflict between the
8 rates and the terms of a collective bargaining agreement
9 covering the compensation of an employee subject to that
10 Code.
11 (e) Section 10-45 of this Act shall not apply to any
12 hearing, proceeding, or investigation conducted under Section
13 13-515 of the Public Utilities Act.
14 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
15 revised 10-24-97.)
16 Section 8. The Freedom of Information Act is amended by
17 changing Section 7 as follows:
18 (5 ILCS 140/7) (from Ch. 116, par. 207)
19 Sec. 7. Exemptions.
20 (1) The following shall be exempt from inspection and
21 copying:
22 (a) Information specifically prohibited from
23 disclosure by federal or State law or rules and
24 regulations adopted under federal or State law.
25 (b) Information that, if disclosed, would
26 constitute a clearly unwarranted invasion of personal
27 privacy, unless the disclosure is consented to in writing
28 by the individual subjects of the information. The
29 disclosure of information that bears on the public duties
30 of public employees and officials shall not be considered
31 an invasion of personal privacy. Information exempted
32 under this subsection (b) shall include but is not
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1 limited to:
2 (i) files and personal information maintained
3 with respect to clients, patients, residents,
4 students or other individuals receiving social,
5 medical, educational, vocational, financial,
6 supervisory or custodial care or services directly
7 or indirectly from federal agencies or public
8 bodies;
9 (ii) personnel files and personal information
10 maintained with respect to employees, appointees or
11 elected officials of any public body or applicants
12 for those positions;
13 (iii) files and personal information
14 maintained with respect to any applicant, registrant
15 or licensee by any public body cooperating with or
16 engaged in professional or occupational
17 registration, licensure or discipline;
18 (iv) information required of any taxpayer in
19 connection with the assessment or collection of any
20 tax unless disclosure is otherwise required by State
21 statute; and
22 (v) information revealing the identity of
23 persons who file complaints with or provide
24 information to administrative, investigative, law
25 enforcement or penal agencies; provided, however,
26 that identification of witnesses to traffic
27 accidents, traffic accident reports, and rescue
28 reports may be provided by agencies of local
29 government, except in a case for which a criminal
30 investigation is ongoing, without constituting a
31 clearly unwarranted per se invasion of personal
32 privacy under this subsection.
33 (c) Records compiled by any public body for
34 administrative enforcement proceedings and any law
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1 enforcement or correctional agency for law enforcement
2 purposes or for internal matters of a public body, but
3 only to the extent that disclosure would:
4 (i) interfere with pending or actually and
5 reasonably contemplated law enforcement proceedings
6 conducted by any law enforcement or correctional
7 agency;
8 (ii) interfere with pending administrative
9 enforcement proceedings conducted by any public
10 body;
11 (iii) deprive a person of a fair trial or an
12 impartial hearing;
13 (iv) unavoidably disclose the identity of a
14 confidential source or confidential information
15 furnished only by the confidential source;
16 (v) disclose unique or specialized
17 investigative techniques other than those generally
18 used and known or disclose internal documents of
19 correctional agencies related to detection,
20 observation or investigation of incidents of crime
21 or misconduct;
22 (vi) constitute an invasion of personal
23 privacy under subsection (b) of this Section;
24 (vii) endanger the life or physical safety of
25 law enforcement personnel or any other person; or
26 (viii) obstruct an ongoing criminal
27 investigation.
28 (d) Criminal history record information maintained
29 by State or local criminal justice agencies, except the
30 following which shall be open for public inspection and
31 copying:
32 (i) chronologically maintained arrest
33 information, such as traditional arrest logs or
34 blotters;
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1 (ii) the name of a person in the custody of a
2 law enforcement agency and the charges for which
3 that person is being held;
4 (iii) court records that are public;
5 (iv) records that are otherwise available
6 under State or local law; or
7 (v) records in which the requesting party is
8 the individual identified, except as provided under
9 part (vii) of paragraph (c) of subsection (1) of
10 this Section.
11 "Criminal history record information" means data
12 identifiable to an individual and consisting of
13 descriptions or notations of arrests, detentions,
14 indictments, informations, pre-trial proceedings, trials,
15 or other formal events in the criminal justice system or
16 descriptions or notations of criminal charges (including
17 criminal violations of local municipal ordinances) and
18 the nature of any disposition arising therefrom,
19 including sentencing, court or correctional supervision,
20 rehabilitation and release. The term does not apply to
21 statistical records and reports in which individuals are
22 not identified and from which their identities are not
23 ascertainable, or to information that is for criminal
24 investigative or intelligence purposes.
25 (e) Records that relate to or affect the security
26 of correctional institutions and detention facilities.
27 (f) Preliminary drafts, notes, recommendations,
28 memoranda and other records in which opinions are
29 expressed, or policies or actions are formulated, except
30 that a specific record or relevant portion of a record
31 shall not be exempt when the record is publicly cited and
32 identified by the head of the public body. The exemption
33 provided in this paragraph (f) extends to all those
34 records of officers and agencies of the General Assembly
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1 that pertain to the preparation of legislative documents.
2 (g) Trade secrets and commercial or financial
3 information obtained from a person or business where the
4 trade secrets or information are proprietary, privileged
5 or confidential, or where disclosure of the trade secrets
6 or information may cause competitive harm, including all
7 information determined to be confidential under Section
8 4002 of the Technology Advancement and Development Act.
9 Nothing contained in this paragraph (g) shall be
10 construed to prevent a person or business from consenting
11 to disclosure.
12 (h) Proposals and bids for any contract, grant, or
13 agreement, including information which if it were
14 disclosed would frustrate procurement or give an
15 advantage to any person proposing to enter into a
16 contractor agreement with the body, until an award or
17 final selection is made. Information prepared by or for
18 the body in preparation of a bid solicitation shall be
19 exempt until an award or final selection is made.
20 (i) Valuable formulae, designs, drawings and
21 research data obtained or produced by any public body
22 when disclosure could reasonably be expected to produce
23 private gain or public loss.
24 (j) Test questions, scoring keys and other
25 examination data used to administer an academic
26 examination or determined the qualifications of an
27 applicant for a license or employment.
28 (k) Architects' plans and engineers' technical
29 submissions for projects not constructed or developed in
30 whole or in part with public funds and for projects
31 constructed or developed with public funds, to the extent
32 that disclosure would compromise security.
33 (l) Library circulation and order records
34 identifying library users with specific materials.
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1 (m) Minutes of meetings of public bodies closed to
2 the public as provided in the Open Meetings Act until the
3 public body makes the minutes available to the public
4 under Section 2.06 of the Open Meetings Act.
5 (n) Communications between a public body and an
6 attorney or auditor representing the public body that
7 would not be subject to discovery in litigation, and
8 materials prepared or compiled by or for a public body in
9 anticipation of a criminal, civil or administrative
10 proceeding upon the request of an attorney advising the
11 public body, and materials prepared or compiled with
12 respect to internal audits of public bodies.
13 (o) Information received by a primary or secondary
14 school, college or university under its procedures for
15 the evaluation of faculty members by their academic
16 peers.
17 (p) Administrative or technical information
18 associated with automated data processing operations,
19 including but not limited to software, operating
20 protocols, computer program abstracts, file layouts,
21 source listings, object modules, load modules, user
22 guides, documentation pertaining to all logical and
23 physical design of computerized systems, employee
24 manuals, and any other information that, if disclosed,
25 would jeopardize the security of the system or its data
26 or the security of materials exempt under this Section.
27 (q) Documents or materials relating to collective
28 negotiating matters between public bodies and their
29 employees or representatives, except that any final
30 contract or agreement shall be subject to inspection and
31 copying.
32 (r) Drafts, notes, recommendations and memoranda
33 pertaining to the financing and marketing transactions of
34 the public body. The records of ownership, registration,
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1 transfer, and exchange of municipal debt obligations, and
2 of persons to whom payment with respect to these
3 obligations is made.
4 (s) The records, documents and information relating
5 to real estate purchase negotiations until those
6 negotiations have been completed or otherwise terminated.
7 With regard to a parcel involved in a pending or actually
8 and reasonably contemplated eminent domain proceeding
9 under Article VII of the Code of Civil Procedure,
10 records, documents and information relating to that
11 parcel shall be exempt except as may be allowed under
12 discovery rules adopted by the Illinois Supreme Court.
13 The records, documents and information relating to a real
14 estate sale shall be exempt until a sale is consummated.
15 (t) Any and all proprietary information and records
16 related to the operation of an intergovernmental risk
17 management association or self-insurance pool or jointly
18 self-administered health and accident cooperative or
19 pool.
20 (u) Information concerning a university's
21 adjudication of student or employee grievance or
22 disciplinary cases, to the extent that disclosure would
23 reveal the identity of the student or employee and
24 information concerning any public body's adjudication of
25 student or employee grievances or disciplinary cases,
26 except for the final outcome of the cases.
27 (v) Course materials or research materials used by
28 faculty members.
29 (w) Information related solely to the internal
30 personnel rules and practices of a public body.
31 (x) Information contained in or related to
32 examination, operating, or condition reports prepared by,
33 on behalf of, or for the use of a public body responsible
34 for the regulation or supervision of financial
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1 institutions or insurance companies, unless disclosure is
2 otherwise required by State law.
3 (y) Information the disclosure of which is
4 restricted under Section 5-108 of the Public Utilities
5 Act.
6 (z) Manuals or instruction to staff that relate to
7 establishment or collection of liability for any State
8 tax or that relate to investigations by a public body to
9 determine violation of any criminal law.
10 (aa) Applications, related documents, and medical
11 records received by the Experimental Organ
12 Transplantation Procedures Board and any and all
13 documents or other records prepared by the Experimental
14 Organ Transplantation Procedures Board or its staff
15 relating to applications it has received.
16 (bb) Insurance or self insurance (including any
17 intergovernmental risk management association or self
18 insurance pool) claims, loss or risk management
19 information, records, data, advice or communications.
20 (cc) Information and records held by the Department
21 of Public Health and its authorized representatives
22 relating to known or suspected cases of sexually
23 transmissible disease or any information the disclosure
24 of which is restricted under the Illinois Sexually
25 Transmissible Disease Control Act.
26 (dd) Information the disclosure of which is
27 exempted under Section 30 of the Radon Industry Licensing
28 Act.
29 (ee) Firm performance evaluations under Section 55
30 of the Architectural, Engineering, and Land Surveying
31 Qualifications Based Selection Act.
32 (ff) Security portions of system safety program
33 plans, investigation reports, surveys, schedules, lists,
34 data, or information compiled, collected, or prepared by
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1 or for the Regional Transportation Authority under
2 Section 2.11 of the Regional Transportation Authority Act
3 or the State of Missouri under the Bi-State Transit
4 Safety Act.
5 (gg) (ff) Information the disclosure of which is
6 restricted and exempted under Section 50 of the Illinois
7 Prepaid Tuition Act.
8 (2) This Section does not authorize withholding of
9 information or limit the availability of records to the
10 public, except as stated in this Section or otherwise
11 provided in this Act.
12 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
13 90-546, eff. 12-1-97; revised 12-24-97.)
14 Section 9. The Illinois Public Labor Relations Act is
15 amended by changing Sections 3 and 14 as follows:
16 (5 ILCS 315/3) (from Ch. 48, par. 1603)
17 Sec. 3. Definitions. As used in this Act, unless the
18 context otherwise requires:
19 (a) "Board" or "Governing Board" means either the
20 Illinois State Labor Relations Board or the Illinois Local
21 Labor Relations Board.
22 (b) "Collective bargaining" means bargaining over terms
23 and conditions of employment, including hours, wages, and
24 other conditions of employment, as detailed in Section 7 and
25 which are not excluded by Section 4.
26 (c) "Confidential employee" means an employee who, in
27 the regular course of his or her duties, assists and acts in
28 a confidential capacity to persons who formulate, determine,
29 and effectuate management policies with regard to labor
30 relations or who, in the regular course of his or her duties,
31 has authorized access to information relating to the
32 effectuation or review of the employer's collective
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1 bargaining policies.
2 (d) "Craft employees" means skilled journeymen, crafts
3 persons, and their apprentices and helpers.
4 (e) "Essential services employees" means those public
5 employees performing functions so essential that the
6 interruption or termination of the function will constitute a
7 clear and present danger to the health and safety of the
8 persons in the affected community.
9 (f) "Exclusive representative", except with respect to
10 non-State fire fighters and paramedics employed by fire
11 departments and fire protection districts, non-State peace
12 officers, and peace officers in the Department of State
13 Police, means the labor organization that has been (i)
14 designated by the Board as the representative of a majority
15 of public employees in an appropriate bargaining unit in
16 accordance with the procedures contained in this Act, (ii)
17 historically recognized by the State of Illinois or any
18 political subdivision of the State before July 1, 1984 (the
19 effective date of this Act) as the exclusive representative
20 of the employees in an appropriate bargaining unit, or (iii)
21 after July 1, 1984 (the effective date of this Act)
22 recognized by an employer upon evidence, acceptable to the
23 Board, that the labor organization has been designated as the
24 exclusive representative by a majority of the employees in an
25 appropriate bargaining unit.
26 With respect to non-State fire fighters and paramedics
27 employed by fire departments and fire protection districts,
28 non-State peace officers, and peace officers in the
29 Department of State Police, "exclusive representative" means
30 the labor organization that has been (i) designated by the
31 Board as the representative of a majority of peace officers
32 or fire fighters in an appropriate bargaining unit in
33 accordance with the procedures contained in this Act, (ii)
34 historically recognized by the State of Illinois or any
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1 political subdivision of the State before January 1, 1986
2 (the effective date of this amendatory Act of 1985) as the
3 exclusive representative by a majority of the peace officers
4 or fire fighters in an appropriate bargaining unit, or (iii)
5 after January 1, 1986 (the effective date of this amendatory
6 Act of 1985) recognized by an employer upon evidence,
7 acceptable to the Board, that the labor organization has been
8 designated as the exclusive representative by a majority of
9 the peace officers or fire fighters in an appropriate
10 bargaining unit.
11 (g) "Fair share agreement" means an agreement between
12 the employer and an employee organization under which all or
13 any of the employees in a collective bargaining unit are
14 required to pay their proportionate share of the costs of the
15 collective bargaining process, contract administration, and
16 pursuing matters affecting wages, hours, and other conditions
17 of employment, but not to exceed the amount of dues uniformly
18 required of members. The amount certified by the exclusive
19 representative shall not include any fees for contributions
20 related to the election or support of any candidate for
21 political office. Nothing in this subsection (g) shall
22 preclude an employee from making voluntary political
23 contributions in conjunction with his or her fair share
24 payment.
25 (g-1) "Fire fighter" means, for the purposes of this Act
26 only, any person who has been or is hereafter appointed to a
27 fire department or fire protection district or employed by a
28 state university and sworn or commissioned to perform fire
29 fighter duties or paramedic duties, except that the following
30 persons are not included: part-time fire fighters, auxiliary,
31 reserve or voluntary fire fighters, including paid on-call
32 fire fighters, clerks and dispatchers or other civilian
33 employees of a fire department or fire protection district
34 who are not routinely expected to perform fire fighter
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1 duties, or elected officials.
2 (g-2) "General Assembly of the State of Illinois" means
3 the legislative branch of the government of the State of
4 Illinois, as provided for under Article IV of the
5 Constitution of the State of Illinois, and includes but is
6 not limited to the House of Representatives, the Senate, the
7 Speaker of the House of Representatives, the Minority Leader
8 of the House of Representatives, the President of the Senate,
9 the Minority Leader of the Senate, the Joint Committee on
10 Legislative Support Services and any legislative support
11 services agency listed in the Legislative Commission
12 Reorganization Act of 1984.
13 (h) "Governing body" means, in the case of the State,
14 the State Labor Relations Board, the Director of the
15 Department of Central Management Services, and the Director
16 of the Department of Labor; the county board in the case of a
17 county; the corporate authorities in the case of a
18 municipality; and the appropriate body authorized to provide
19 for expenditures of its funds in the case of any other unit
20 of government.
21 (i) "Labor organization" means any organization in which
22 public employees participate and that exists for the purpose,
23 in whole or in part, of dealing with a public employer
24 concerning wages, hours, and other terms and conditions of
25 employment, including the settlement of grievances.
26 (j) "Managerial employee" means an individual who is
27 engaged predominantly in executive and management functions
28 and is charged with the responsibility of directing the
29 effectuation of management policies and practices.
30 (k) "Peace officer" means, for the purposes of this Act
31 only, any persons who have been or are hereafter appointed to
32 a police force, department, or agency and sworn or
33 commissioned to perform police duties, except that the
34 following persons are not included: part-time police
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1 officers, special police officers, auxiliary police as
2 defined by Section 3.1-30-20 of the Illinois Municipal Code,
3 night watchmen, "merchant police", court security officers as
4 defined by Section 3-6012.1 of the Counties Code, temporary
5 employees, traffic guards or wardens, civilian parking meter
6 and parking facilities personnel or other individuals
7 specially appointed to aid or direct traffic at or near
8 schools or public functions or to aid in civil defense or
9 disaster, parking enforcement employees who are not
10 commissioned as peace officers and who are not armed and who
11 are not routinely expected to effect arrests, parking lot
12 attendants, clerks and dispatchers or other civilian
13 employees of a police department who are not routinely
14 expected to effect arrests, or elected officials.
15 (l) "Person" includes one or more individuals, labor
16 organizations, public employees, associations, corporations,
17 legal representatives, trustees, trustees in bankruptcy,
18 receivers, or the State of Illinois or any political
19 subdivision of the State or governing body, but does not
20 include the General Assembly of the State of Illinois or any
21 individual employed by the General Assembly of the State of
22 Illinois.
23 (m) "Professional employee" means any employee engaged
24 in work predominantly intellectual and varied in character
25 rather than routine mental, manual, mechanical or physical
26 work; involving the consistent exercise of discretion and
27 adjustment in its performance; of such a character that the
28 output produced or the result accomplished cannot be
29 standardized in relation to a given period of time; and
30 requiring advanced knowledge in a field of science or
31 learning customarily acquired by a prolonged course of
32 specialized intellectual instruction and study in an
33 institution of higher learning or a hospital, as
34 distinguished from a general academic education or from
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1 apprenticeship or from training in the performance of routine
2 mental, manual, or physical processes; or any employee who
3 has completed the courses of specialized intellectual
4 instruction and study prescribed in this subsection (m) and
5 is performing related work under the supervision of a
6 professional person to qualify to become a professional
7 employee as defined in this subsection (m).
8 (n) "Public employee" or "employee", for the purposes of
9 this Act, means any individual employed by a public employer,
10 including interns and residents at public hospitals, but
11 excluding all of the following: employees of the General
12 Assembly of the State of Illinois; elected officials;
13 executive heads of a department; members of boards or
14 commissions; employees of any agency, board or commission
15 created by this Act; employees appointed to State positions
16 of a temporary or emergency nature; all employees of school
17 districts and higher education institutions except
18 firefighters and peace officers employed by a state
19 university; managerial employees; short-term employees;
20 confidential employees; independent contractors; and
21 supervisors except as provided in this Act.
22 Notwithstanding Section 9, subsection (c), or any other
23 provisions of this Act, all peace officers above the rank of
24 captain in municipalities with more than 1,000,000
25 inhabitants shall be excluded from this Act.
26 (o) "Public employer" or "employer" means the State of
27 Illinois; any political subdivision of the State, unit of
28 local government or school district; authorities including
29 departments, divisions, bureaus, boards, commissions, or
30 other agencies of the foregoing entities; and any person
31 acting within the scope of his or her authority, express or
32 implied, on behalf of those entities in dealing with its
33 employees. "Public employer" or "employer" as used in this
34 Act, however, does not mean and shall not include the General
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1 Assembly of the State of Illinois and educational employers
2 or employers as defined in the Illinois Educational Labor
3 Relations Act, except with respect to a state university in
4 its employment of firefighters and peace officers. County
5 boards and county sheriffs shall be designated as joint or
6 co-employers of county peace officers appointed under the
7 authority of a county sheriff. Nothing in this subsection
8 (o) shall be construed to prevent the State Board or the
9 Local Board from determining that employers are joint or
10 co-employers.
11 (p) "Security employee" means an employee who is
12 responsible for the supervision and control of inmates at
13 correctional facilities. The term also includes other
14 non-security employees in bargaining units having the
15 majority of employees being responsible for the supervision
16 and control of inmates at correctional facilities.
17 (q) "Short-term employee" means an employee who is
18 employed for less than that 2 consecutive calendar quarters
19 during a calendar year and who does not have a reasonable
20 assurance that he or she will be rehired by the same employer
21 for the same service in a subsequent calendar year.
22 (r) "Supervisor" is an employee whose principal work is
23 substantially different from that of his or her subordinates
24 and who has authority, in the interest of the employer, to
25 hire, transfer, suspend, lay off, recall, promote, discharge,
26 direct, reward, or discipline employees, to adjust their
27 grievances, or to effectively recommend any of those actions,
28 if the exercise of that authority is not of a merely routine
29 or clerical nature, but requires the consistent use of
30 independent judgment. Except with respect to police
31 employment, the term "supervisor" includes only those
32 individuals who devote a preponderance of their employment
33 time to exercising that authority, State supervisors
34 notwithstanding. In addition, in determining supervisory
-20- LRB9000999EGfgam01
1 status in police employment, rank shall not be determinative.
2 The Board shall consider, as evidence of bargaining unit
3 inclusion or exclusion, the common law enforcement policies
4 and relationships between police officer ranks and
5 certification under applicable civil service law, ordinances,
6 personnel codes, or Division 2.1 of Article 10 of the
7 Illinois Municipal Code, but these factors shall not be the
8 sole or predominant factors considered by the Board in
9 determining police supervisory status.
10 Notwithstanding the provisions of the preceding
11 paragraph, in determining supervisory status in fire fighter
12 employment, no fire fighter shall be excluded as a supervisor
13 who has established representation rights under Section 9 of
14 this Act. Further, in new fire fighter units, employees
15 shall consist of fire fighters of the rank of company officer
16 and below. If a company officer otherwise qualifies as a
17 supervisor under the preceding paragraph, however, he or she
18 shall not be included in the fire fighter unit. If there is
19 no rank between that of chief and the highest company
20 officer, the employer may designate a position on each shift
21 as a Shift Commander, and the persons occupying those
22 positions shall be supervisors. All other ranks above that
23 of company officer shall be supervisors.
24 (s) (1) "Unit" means a class of jobs or positions that
25 are held by employees whose collective interests may suitably
26 be represented by a labor organization for collective
27 bargaining. Except with respect to non-State fire fighters
28 and paramedics employed by fire departments and fire
29 protection districts, non-State peace officers, and peace
30 officers in the Department of State Police, a bargaining unit
31 determined by the Board shall not include both employees and
32 supervisors, or supervisors only, except as provided in
33 paragraph (2) of this subsection (s) and except for
34 bargaining units in existence on July 1, 1984 (the effective
-21- LRB9000999EGfgam01
1 date of this Act). With respect to non-State fire fighters
2 and paramedics employed by fire departments and fire
3 protection districts, non-State peace officers, and peace
4 officers in the Department of State Police, a bargaining unit
5 determined by the Board shall not include both supervisors
6 and nonsupervisors, or supervisors only, except as provided
7 in paragraph (2) of this subsection (s) and except for
8 bargaining units in existence on January 1, 1986 (the
9 effective date of this amendatory Act of 1985). A bargaining
10 unit determined by the Board to contain peace officers shall
11 contain no employees other than peace officers unless
12 otherwise agreed to by the employer and the labor
13 organization or labor organizations involved.
14 Notwithstanding any other provision of this Act, a bargaining
15 unit, including a historical bargaining unit, containing
16 sworn peace officers of the Department of Natural Resources
17 (formerly designated the Department of Conservation) shall
18 contain no employees other than such sworn peace officers
19 upon the effective date of this amendatory Act of 1990 or
20 upon the expiration date of any collective bargaining
21 agreement in effect upon the effective date of this
22 amendatory Act of 1990 covering both such sworn peace
23 officers and other employees.
24 (2) Notwithstanding the exclusion of supervisors from
25 bargaining units as provided in paragraph (1) of this
26 subsection (s), a public employer may agree to permit its
27 supervisory employees to form bargaining units and may
28 bargain with those units. This Act shall apply if the public
29 employer chooses to bargain under this subsection.
30 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
31 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
32 6-1-97; 90-14, eff. 7-1-97; revised 12-18-97.)
33 (5 ILCS 315/14) (from Ch. 48, par. 1614)
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1 Sec. 14. Security Employee, Peace Officer and Fire
2 Fighter Disputes.
3 (a) In the case of collective bargaining agreements
4 involving units of security employees of a public employer,
5 Peace Officer Units, or units of fire fighters or paramedics,
6 and in the case of disputes under Section 18, unless the
7 parties mutually agree to some other time limit, mediation
8 shall commence 30 days prior to the expiration date of such
9 agreement or at such later time as the mediation services
10 chosen under subsection (b) of Section 12 can be provided to
11 the parties. In the case of negotiations for an initial
12 collective bargaining agreement, mediation shall commence
13 upon 15 days notice from either party or at such later time
14 as the mediation services chosen pursuant to subsection (b)
15 of Section 12 can be provided to the parties. In mediation
16 under this Section, if either party requests the use of
17 mediation services from the Federal Mediation and
18 Conciliation Service, the other party shall either join in
19 such request or bear the additional cost of mediation
20 services from another source. The mediator shall have a duty
21 to keep the Board informed on the progress of the mediation.
22 If any dispute has not been resolved within 15 days after the
23 first meeting of the parties and the mediator, or within such
24 other time limit as may be mutually agreed upon by the
25 parties, either the exclusive representative or employer may
26 request of the other, in writing, arbitration, and shall
27 submit a copy of the request to the Board.
28 (b) Within 10 days after such a request for arbitration
29 has been made, the employer shall choose a delegate and the
30 employees' exclusive representative shall choose a delegate
31 to a panel of arbitration as provided in this Section. The
32 employer and employees shall forthwith advise the other and
33 the Board of their selections.
34 (c) Within 7 days of the request of either party, the
-23- LRB9000999EGfgam01
1 Board shall select from the Public Employees Labor Mediation
2 Roster 7 persons who are on the labor arbitration panels of
3 either the American Arbitration Association or the Federal
4 Mediation and Conciliation Service, or who are members of the
5 National Academy of Arbitrators, as nominees for impartial
6 arbitrator of the arbitration panel. The parties may select
7 an individual on the list provided by the Board or any other
8 individual mutually agreed upon by the parties. Within 7
9 days following the receipt of the list, the parties shall
10 notify the Board of the person they have selected. Unless
11 the parties agree on an alternate selection procedure, they
12 shall alternatively strike one name from the list provided by
13 the Board until only one name remains. A coin toss shall
14 determine which party shall strike the first name. If the
15 parties fail to notify the Board in a timely manner of their
16 selection for neutral chairman, the Board shall appoint a
17 neutral chairman from the Illinois Public Employees
18 Mediation/Arbitration Roster.
19 (d) The chairman shall call a hearing to begin within 15
20 days and give reasonable notice of the time and place of the
21 hearing. The hearing shall be held at the offices of the
22 Board or at such other location as the Board deems
23 appropriate. The chairman shall preside over the hearing and
24 shall take testimony. Any oral or documentary evidence and
25 other data deemed relevant by the arbitration panel may be
26 received in evidence. The proceedings shall be informal.
27 Technical rules of evidence shall not apply and the
28 competency of the evidence shall not thereby be deemed
29 impaired. A verbatim record of the proceedings shall be made
30 and the arbitrator shall arrange for the necessary recording
31 service. Transcripts may be ordered at the expense of the
32 party ordering them, but the transcripts shall not be
33 necessary for a decision by the arbitration panel. The
34 expense of the proceedings, including a fee for the chairman,
-24- LRB9000999EGfgam01
1 established in advance by the Board, shall be borne equally
2 by each of the parties to the dispute. The delegates, if
3 public officers or employees, shall continue on the payroll
4 of the public employer without loss of pay. The hearing
5 conducted by the arbitration panel may be adjourned from time
6 to time, but unless otherwise agreed by the parties, shall be
7 concluded within 30 days of the time of its commencement.
8 Majority actions and rulings shall constitute the actions and
9 rulings of the arbitration panel. Arbitration proceedings
10 under this Section shall not be interrupted or terminated by
11 reason of any unfair labor practice charge filed by either
12 party at any time.
13 (e) The arbitration panel may administer oaths, require
14 the attendance of witnesses, and the production of such
15 books, papers, contracts, agreements and documents as may be
16 deemed by it material to a just determination of the issues
17 in dispute, and for such purpose may issue subpoenas. If any
18 person refuses to obey a subpoena, or refuses to be sworn or
19 to testify, or if any witness, party or attorney is guilty of
20 any contempt while in attendance at any hearing, the
21 arbitration panel may, or the attorney general if requested
22 shall, invoke the aid of any circuit court within the
23 jurisdiction in which the hearing is being held, which court
24 shall issue an appropriate order. Any failure to obey the
25 order may be punished by the court as contempt.
26 (f) At any time before the rendering of an award, the
27 chairman of the arbitration panel, if he is of the opinion
28 that it would be useful or beneficial to do so, may remand
29 the dispute to the parties for further collective bargaining
30 for a period not to exceed 2 weeks. If the dispute is
31 remanded for further collective bargaining the time
32 provisions of this Act shall be extended for a time period
33 equal to that of the remand. The chairman of the panel of
34 arbitration shall notify the Board of the remand.
-25- LRB9000999EGfgam01
1 (g) At or before the conclusion of the hearing held
2 pursuant to subsection (d), the arbitration panel shall
3 identify the economic issues in dispute, and direct each of
4 the parties to submit, within such time limit as the panel
5 shall prescribe, to the arbitration panel and to each other
6 its last offer of settlement on each economic issue. The
7 determination of the arbitration panel as to the issues in
8 dispute and as to which of these issues are economic shall be
9 conclusive. The arbitration panel, within 30 days after the
10 conclusion of the hearing, or such further additional periods
11 to which the parties may agree, shall make written findings
12 of fact and promulgate a written opinion and shall mail or
13 otherwise deliver a true copy thereof to the parties and
14 their representatives and to the Board. As to each economic
15 issue, the arbitration panel shall adopt the last offer of
16 settlement which, in the opinion of the arbitration panel,
17 more nearly complies with the applicable factors prescribed
18 in subsection (h). The findings, opinions and order as to
19 all other issues shall be based upon the applicable factors
20 prescribed in subsection (h).
21 (h) Where there is no agreement between the parties, or
22 where there is an agreement but the parties have begun
23 negotiations or discussions looking to a new agreement or
24 amendment of the existing agreement, and wage rates or other
25 conditions of employment under the proposed new or amended
26 agreement are in dispute, the arbitration panel shall base
27 its findings, opinions and order upon the following factors,
28 as applicable:
29 (1) The lawful authority of the employer.
30 (2) Stipulations of the parties.
31 (3) The interests and welfare of the public and the
32 financial ability of the unit of government to meet those
33 costs.
34 (4) Comparison of the wages, hours and conditions
-26- LRB9000999EGfgam01
1 of employment of the employees involved in the
2 arbitration proceeding with the wages, hours and
3 conditions of employment of other employees performing
4 similar services and with other employees generally:
5 (A) In public employment in comparable
6 communities.
7 (B) In private employment in comparable
8 communities.
9 (5) The average consumer prices for goods and
10 services, commonly known as the cost of living.
11 (6) The overall compensation presently received by
12 the employees, including direct wage compensation,
13 vacations, holidays and other excused time, insurance and
14 pensions, medical and hospitalization benefits, the
15 continuity and stability of employment and all other
16 benefits received.
17 (7) Changes in any of the foregoing circumstances
18 during the pendency of the arbitration proceedings.
19 (8) Such other factors, not confined to the
20 foregoing, which are normally or traditionally taken into
21 consideration in the determination of wages, hours and
22 conditions of employment through voluntary collective
23 bargaining, mediation, fact-finding, arbitration or
24 otherwise between the parties, in the public service or
25 in private employment.
26 (i) In the case of peace officers, the arbitration
27 decision shall be limited to wages, hours, and conditions of
28 employment (which may include residency requirements in
29 municipalities with a population under 1,000,000, but those
30 residency requirements shall not allow residency outside of
31 Illinois) and shall not include the following: i) residency
32 requirements in municipalities with a population of at least
33 1,000,000; ii) the type of equipment, other than uniforms,
34 issued or used; iii) manning; iv) the total number of
-27- LRB9000999EGfgam01
1 employees employed by the department; v) mutual aid and
2 assistance agreements to other units of government; and vi)
3 the criterion pursuant to which force, including deadly
4 force, can be used; provided, nothing herein shall preclude
5 an arbitration decision regarding equipment or manning levels
6 if such decision is based on a finding that the equipment or
7 manning considerations in a specific work assignment involve
8 a serious risk to the safety of a peace officer beyond that
9 which is inherent in the normal performance of police duties.
10 Limitation of the terms of the arbitration decision pursuant
11 to this subsection shall not be construed to limit the
12 factors upon which the decision may be based, as set forth in
13 subsection (h).
14 In the case of fire fighter, and fire department or fire
15 district paramedic matters, the arbitration decision shall be
16 limited to wages, hours, and conditions of employment (which
17 may include residency requirements in municipalities with a
18 population under 1,000,000, but those residency requirements
19 shall not allow residency outside of Illinois) and shall not
20 include the following matters: i) residency requirements in
21 municipalities with a population of at least 1,000,000; ii)
22 the type of equipment (other than uniforms and fire fighter
23 turnout gear) issued or used; iii) the total number of
24 employees employed by the department; iv) mutual aid and
25 assistance agreements to other units of government; and v)
26 the criterion pursuant to which force, including deadly
27 force, can be used; provided, however, nothing herein shall
28 preclude an arbitration decision regarding equipment levels
29 if such decision is based on a finding that the equipment
30 considerations in a specific work assignment involve a
31 serious risk to the safety of a fire fighter beyond that
32 which is inherent in the normal performance of fire fighter
33 duties. Limitation of the terms of the arbitration decision
34 pursuant to this subsection shall not be construed to limit
-28- LRB9000999EGfgam01
1 the facts upon which the decision may be based, as set forth
2 in subsection (h).
3 The changes to this subsection (i) made by Public Act
4 90-385 this amendatory Act of 1997 (relating to residency
5 requirements) do not apply to persons who are employed by a
6 combined department that performs both police and
7 firefighting services; these persons shall be governed by the
8 provisions of this subsection (i) relating to peace officers,
9 as they existed before the amendment by Public Act 90-385
10 this amendatory Act of 1997. For purposes of this subsection
11 (i), persons who are employed by a combined department that
12 performs both police and fire fighting services shall be
13 governed by the provisions relating to peace officers rather
14 than the provisions relating to fire fighters.
15 To preserve historical bargaining rights, this subsection
16 shall not apply to any provision of a fire fighter collective
17 bargaining agreement in effect and applicable on the
18 effective date of this Act; provided, however, nothing herein
19 shall preclude arbitration with respect to any such
20 provision.
21 (j) Arbitration procedures shall be deemed to be
22 initiated by the filing of a letter requesting mediation as
23 required under subsection (a) of this Section. The
24 commencement of a new municipal fiscal year after the
25 initiation of arbitration procedures under this Act, but
26 before the arbitration decision, or its enforcement, shall
27 not be deemed to render a dispute moot, or to otherwise
28 impair the jurisdiction or authority of the arbitration panel
29 or its decision. Increases in rates of compensation awarded
30 by the arbitration panel may be effective only at the start
31 of the fiscal year next commencing after the date of the
32 arbitration award. If a new fiscal year has commenced either
33 since the initiation of arbitration procedures under this Act
34 or since any mutually agreed extension of the statutorily
-29- LRB9000999EGfgam01
1 required period of mediation under this Act by the parties to
2 the labor dispute causing a delay in the initiation of
3 arbitration, the foregoing limitations shall be inapplicable,
4 and such awarded increases may be retroactive to the
5 commencement of the fiscal year, any other statute or charter
6 provisions to the contrary, notwithstanding. At any time the
7 parties, by stipulation, may amend or modify an award of
8 arbitration.
9 (k) Orders of the arbitration panel shall be reviewable,
10 upon appropriate petition by either the public employer or
11 the exclusive bargaining representative, by the circuit court
12 for the county in which the dispute arose or in which a
13 majority of the affected employees reside, but only for
14 reasons that the arbitration panel was without or exceeded
15 its statutory authority; the order is arbitrary, or
16 capricious; or the order was procured by fraud, collusion or
17 other similar and unlawful means. Such petitions for review
18 must be filed with the appropriate circuit court within 90
19 days following the issuance of the arbitration order. The
20 pendency of such proceeding for review shall not
21 automatically stay the order of the arbitration panel. The
22 party against whom the final decision of any such court shall
23 be adverse, if such court finds such appeal or petition to be
24 frivolous, shall pay reasonable attorneys' fees and costs to
25 the successful party as determined by said court in its
26 discretion. If said court's decision affirms the award of
27 money, such award, if retroactive, shall bear interest at the
28 rate of 12 percent per annum from the effective retroactive
29 date.
30 (l) During the pendency of proceedings before the
31 arbitration panel, existing wages, hours, and other
32 conditions of employment shall not be changed by action of
33 either party without the consent of the other but a party may
34 so consent without prejudice to his rights or position under
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1 this Act. The proceedings are deemed to be pending before
2 the arbitration panel upon the initiation of arbitration
3 procedures under this Act.
4 (m) Security officers of public employers, and Peace
5 Officers, Fire Fighters and fire department and fire
6 protection district paramedics, covered by this Section may
7 not withhold services, nor may public employers lock out or
8 prevent such employees from performing services at any time.
9 (n) All of the terms decided upon by the arbitration
10 panel shall be included in an agreement to be submitted to
11 the public employer's governing body for ratification and
12 adoption by law, ordinance or the equivalent appropriate
13 means.
14 The governing body shall review each term decided by the
15 arbitration panel. If the governing body fails to reject one
16 or more terms of the arbitration panel's decision by a 3/5
17 vote of those duly elected and qualified members of the
18 governing body, within 20 days of issuance, or in the case of
19 firefighters employed by a state university, at the next
20 regularly scheduled meeting of the governing body after
21 issuance, such term or terms shall become a part of the
22 collective bargaining agreement of the parties. If the
23 governing body affirmatively rejects one or more terms of the
24 arbitration panel's decision, it must provide reasons for
25 such rejection with respect to each term so rejected, within
26 20 days of such rejection and the parties shall return to the
27 arbitration panel for further proceedings and issuance of a
28 supplemental decision with respect to the rejected terms.
29 Any supplemental decision by an arbitration panel or other
30 decision maker agreed to by the parties shall be submitted to
31 the governing body for ratification and adoption in
32 accordance with the procedures and voting requirements set
33 forth in this Section. The voting requirements of this
34 subsection shall apply to all disputes submitted to
-31- LRB9000999EGfgam01
1 arbitration pursuant to this Section notwithstanding any
2 contrary voting requirements contained in any existing
3 collective bargaining agreement between the parties.
4 (o) If the governing body of the employer votes to
5 reject the panel's decision, the parties shall return to the
6 panel within 30 days from the issuance of the reasons for
7 rejection for further proceedings and issuance of a
8 supplemental decision. All reasonable costs of such
9 supplemental proceeding including the exclusive
10 representative's reasonable attorney's fees, as established
11 by the Board, shall be paid by the employer.
12 (p) Notwithstanding the provisions of this Section the
13 employer and exclusive representative may agree to submit
14 unresolved disputes concerning wages, hours, terms and
15 conditions of employment to an alternative form of impasse
16 resolution.
17 (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97;
18 90-385, eff. 8-15-97; revised 10-27-97.)
19 Section 10. The State Employee Indemnification Act is
20 amended by changing Section 2 as follows:
21 (5 ILCS 350/2) (from Ch. 127, par. 1302)
22 Sec. 2. Representation and indemnification of State
23 employees.
24 (a) In the event that any civil proceeding is commenced
25 against any State employee arising out of any act or omission
26 occurring within the scope of the employee's State
27 employment, the Attorney General shall, upon timely and
28 appropriate notice to him by such employee, appear on behalf
29 of such employee and defend the action. In the event that
30 any civil proceeding is commenced against any physician who
31 is an employee of the Department of Corrections or the
32 Department of Human Services (in a position relating to the
-32- LRB9000999EGfgam01
1 Department's mental health and developmental disabilities
2 functions) alleging death or bodily injury or other injury to
3 the person of the complainant resulting from and arising out
4 of any act or omission occurring on or after December 3, 1977
5 within the scope of the employee's State employment, or
6 against any physician who is an employee of the Department of
7 Veterans' Affairs alleging death or bodily injury or other
8 injury to the person of the complainant resulting from and
9 arising out of any act or omission occurring on or after the
10 effective date of this amendatory Act of 1988 within the
11 scope of the employee's State employment, or in the event
12 that any civil proceeding is commenced against any attorney
13 who is an employee of the State Appellate Defender alleging
14 legal malpractice or for other damages resulting from and
15 arising out of any legal act or omission occurring on or
16 after December 3, 1977, within the scope of the employee's
17 State employment, or in the event that any civil proceeding
18 is commenced against any individual or organization who
19 contracts with the Department of Labor to provide services as
20 a carnival and amusement ride safety inspector alleging
21 malpractice, death or bodily injury or other injury to the
22 person arising out of any act or omission occurring on or
23 after May 1, 1985, within the scope of that employee's State
24 employment, the Attorney General shall, upon timely and
25 appropriate notice to him by such employee, appear on behalf
26 of such employee and defend the action. Any such notice
27 shall be in writing, shall be mailed within 15 days after the
28 date of receipt by the employee of service of process, and
29 shall authorize the Attorney General to represent and defend
30 the employee in the proceeding. The giving of this notice to
31 the Attorney General shall constitute an agreement by the
32 State employee to cooperate with the Attorney General in his
33 defense of the action and a consent that the Attorney General
34 shall conduct the defense as he deems advisable and in the
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1 best interests of the employee, including settlement in the
2 Attorney General's discretion. In any such proceeding, the
3 State shall pay the court costs and litigation expenses of
4 defending such action, to the extent approved by the Attorney
5 General as reasonable, as they are incurred.
6 (b) In the event that the Attorney General determines
7 that so appearing and defending an employee either (1)
8 involves an actual or potential conflict of interest, or (2)
9 that the act or omission which gave rise to the claim was not
10 within the scope of the employee's State employment or was
11 intentional, wilful or wanton misconduct, the Attorney
12 General shall decline in writing to appear or defend or shall
13 promptly take appropriate action to withdraw as attorney for
14 such employee. Upon receipt of such declination or upon such
15 withdrawal by the Attorney General on the basis of an actual
16 or potential conflict of interest, the State employee may
17 employ his own attorney to appear and defend, in which event
18 the State shall pay the employee's court costs, litigation
19 expenses and attorneys' fees to the extent approved by the
20 Attorney General as reasonable, as they are incurred. In the
21 event that the Attorney General declines to appear or
22 withdraws on the grounds that the act or omission was not
23 within the scope of employment, or was intentional, wilful or
24 wanton misconduct, and a court or jury finds that the act or
25 omission of the State employee was within the scope of
26 employment and was not intentional, wilful or wanton
27 misconduct, the State shall indemnify the State employee for
28 any damages awarded and court costs and attorneys' fees
29 assessed as part of any final and unreversed judgment. In
30 such event the State shall also pay the employee's court
31 costs, litigation expenses and attorneys' fees to the extent
32 approved by the Attorney General as reasonable.
33 In the event that the defendant in the proceeding is an
34 elected State official, including members of the General
-34- LRB9000999EGfgam01
1 Assembly, the elected State official may retain his or her
2 attorney, provided that said attorney shall be reasonably
3 acceptable to the Attorney General. In such case the State
4 shall pay the elected State official's court costs,
5 litigation expenses, and attorneys' fees, to the extent
6 approved by the Attorney General as reasonable, as they are
7 incurred.
8 (b-5) The Attorney General may file a counterclaim on
9 behalf of a State employee, provided:
10 (1) the Attorney General determines that the State
11 employee is entitled to representation in a civil action
12 under this Section;
13 (2) the counterclaim arises out of any act or
14 omission occurring within the scope of the employee's
15 State employment that is the subject of the civil action;
16 and
17 (3) the employee agrees in writing that if judgment
18 is entered in favor of the employee, the amount of the
19 judgment shall be applied to offset any judgment that may
20 be entered in favor of the plaintiff, and then to
21 reimburse the State treasury for court costs and
22 litigation expenses required to pursue the counterclaim.
23 The balance of the collected judgment shall be paid to
24 the State employee.
25 (c) Notwithstanding any other provision of this Section,
26 representation and indemnification of a judge under this Act
27 shall also be provided in any case where the plaintiff seeks
28 damages or any equitable relief as a result of any decision,
29 ruling or order of a judge made in the course of his or her
30 judicial or administrative duties, without regard to the
31 theory of recovery employed by the plaintiff.
32 Indemnification shall be for all damages awarded and all
33 court costs, attorney fees and litigation expenses assessed
34 against the judge. When a judge has been convicted of a crime
-35- LRB9000999EGfgam01
1 as a result of his or her intentional judicial misconduct in
2 a trial, that judge shall not be entitled to indemnification
3 and representation under this subsection in any case
4 maintained by a party who seeks damages or other equitable
5 relief as a direct result of the judge's intentional judicial
6 misconduct.
7 (d) In any such proceeding where notice in accordance
8 with this Section has been given to the Attorney General,
9 unless the court or jury finds that the conduct or inaction
10 which gave rise to the claim or cause of action was
11 intentional, wilful or wanton misconduct and was not intended
12 to serve or benefit interests of the State, the State shall
13 indemnify the State employee for any damages awarded and
14 court costs and attorneys' fees assessed as part of any final
15 and unreversed judgment, or shall pay such judgment. Unless
16 the Attorney General determines that the conduct or inaction
17 which gave rise to the claim or cause of action was
18 intentional, wilful or wanton misconduct and was not intended
19 to serve or benefit interests of the State, the case may be
20 settled, in the Attorney General's discretion and with the
21 employee's consent, and the State shall indemnify the
22 employee for any damages, court costs and attorneys' fees
23 agreed to as part of the settlement, or shall pay such
24 settlement. Where the employee is represented by private
25 counsel, any settlement must be so approved by the Attorney
26 General and the court having jurisdiction, which shall
27 obligate the State to indemnify the employee.
28 (e) (i) Court costs and litigation expenses and other
29 costs of providing a defense or counterclaim, including
30 attorneys' fees obligated under this Section, shall be paid
31 from the State Treasury on the warrant of the Comptroller out
32 of appropriations made to the Department of Central
33 Management Services specifically designed for the payment of
34 costs, fees and expenses covered by this Section.
-36- LRB9000999EGfgam01
1 (ii) Upon entry of a final judgment against the
2 employee, or upon the settlement of the claim, the employee
3 shall cause to be served a copy of such judgment or
4 settlement, personally or by certified or registered mail
5 within thirty days of the date of entry or settlement, upon
6 the chief administrative officer of the department, office or
7 agency in which he is employed. If not inconsistent with the
8 provisions of this Section, such judgment or settlement shall
9 be certified for payment by such chief administrative officer
10 and by the Attorney General. The judgment or settlement
11 shall be paid from the State Treasury on the warrant of the
12 Comptroller out of appropriations made to the Department of
13 Central Management Services specifically designed for the
14 payment of claims covered by this Section.
15 (f) Nothing contained or implied in this Section shall
16 operate, or be construed or applied, to deprive the State, or
17 any employee thereof, of any defense heretofore available.
18 (g) This Section shall apply regardless of whether the
19 employee is sued in his or her individual or official
20 capacity.
21 (h) This Section shall not apply to claims for bodily
22 injury or damage to property arising from motor vehicle
23 accidents.
24 (i) This Section shall apply to all proceedings filed on
25 or after its effective date, and to any proceeding pending on
26 its effective date, if the State employee gives notice to the
27 Attorney General as provided in this Section within 30 days
28 of the Act's effective date.
29 (j) The amendatory changes made to this Section by this
30 amendatory Act of 1986 shall apply to all proceedings filed
31 on or after the effective date of this amendatory Act of 1986
32 and to any proceeding pending on its effective date, if the
33 State employee gives notice to the Attorney General as
34 provided in this Section within 30 days of the effective date
-37- LRB9000999EGfgam01
1 of this amendatory Act of 1986.
2 (Source: P.A. 89-507, eff. 7-1-97; 89-688, eff. 6-1-97;
3 revised 3-28-97.)
4 Section 11. The State Salary and Annuity Withholding Act
5 is amended by changing Section 4 as follows:
6 (5 ILCS 365/4) (from Ch. 127, par. 354)
7 Sec. 4. Authorization of withholding. An employee or
8 annuitant may authorize the withholding of a portion of his
9 salary, wages, or annuity for any one or more of the
10 following purposes:
11 (1) for purchase of United States Savings Bonds;
12 (2) for payment of premiums on life or accident and
13 health insurance as defined in Section 4 of the "Illinois
14 Insurance Code", approved June 29, 1937, as amended, and for
15 payment of premiums on policies of automobile insurance as
16 defined in Section 143.13 of the "Illinois Insurance Code",
17 as amended, and the personal multiperil coverages commonly
18 known as homeowner's insurance. However, no portion of
19 salaries, wages or annuities may be withheld to pay premiums
20 on automobile, homeowner's, life or accident and health
21 insurance policies issued by any one insurance company or
22 insurance service company unless a minimum of 100 employees
23 or annuitants insured by that company authorize the
24 withholding by an Office within 6 months after such
25 withholding begins. If such minimum is not satisfied the
26 Office may discontinue withholding for such company. For any
27 insurance company or insurance service company which has not
28 previously had withholding, the Office may allow withholding
29 for premiums, where less than 100 policies have been written,
30 to cover a probationary period. An insurance company which
31 has discontinued withholding may reinstate it upon
32 presentation of facts indicating new management or
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1 re-organization satisfactory to the Office;
2 (3) for payment to any labor organization designated by
3 the employee;
4 (4) for payment of dues to any association the
5 membership of which consists of State employees and former
6 State employees;
7 (5) for deposit in any credit union, in which State
8 employees are within the field of membership as a result of
9 their employment;
10 (6) for payment to or for the benefit of an institution
11 of higher education by an employee of that institution;
12 (7) for payment of parking fees at the underground
13 facility located south of the William G. Stratton State
14 Office Building in Springfield, the parking ramp located at
15 401 South College Street, west of the William G. Stratton
16 State Office Building in Springfield, or at the parking
17 facilities located on the Urbana-Champaign campus of the
18 University of Illinois;
19 (8) for voluntary payment to the State of Illinois of
20 amounts then due and payable to the State;
21 (9) for investment purchases made as a participant in
22 College Savings Programs established pursuant to Section
23 30-15.8a of the School Code;
24 (10) for voluntary payment to the Illinois Department of
25 Revenue of amounts due or to become due under the Illinois
26 Income Tax Act;
27 (11) for payment of optional contributions to a
28 retirement system subject to the provisions of the Illinois
29 Pension Code;.
30 (12) (10) for contributions to organizations found
31 qualified by the State Comptroller under the requirements set
32 forth in the Voluntary Payroll Deductions Act of 1983.
33 (Source: P.A. 90-102, eff. 7-1-98; 90-448, eff. 8-16-97;
34 revised 11-17-97.)
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1 Section 12. The State Employees Group Insurance Act of
2 1971 is amended by changing Sections 3 and 10 and setting
3 forth and renumbering multiple versions of Section 6.9 as
4 follows:
5 (5 ILCS 375/3) (from Ch. 127, par. 523)
6 Sec. 3. Definitions. Unless the context otherwise
7 requires, the following words and phrases as used in this Act
8 shall have the following meanings. The Department may define
9 these and other words and phrases separately for the purpose
10 of implementing specific programs providing benefits under
11 this Act.
12 (a) "Administrative service organization" means any
13 person, firm or corporation experienced in the handling of
14 claims which is fully qualified, financially sound and
15 capable of meeting the service requirements of a contract of
16 administration executed with the Department.
17 (b) "Annuitant" means (1) an employee who retires, or
18 has retired, on or after January 1, 1966 on an immediate
19 annuity under the provisions of Articles 2, 14, 15 (including
20 an employee who has retired under the optional retirement
21 program established under Section 15-158.2), paragraphs (b)
22 or (c) of Section 16-106, or Article 18 of the Illinois
23 Pension Code; (2) any person who was receiving group
24 insurance coverage under this Act as of March 31, 1978 by
25 reason of his status as an annuitant, even though the annuity
26 in relation to which such coverage was provided is a
27 proportional annuity based on less than the minimum period of
28 service required for a retirement annuity in the system
29 involved; (3) any person not otherwise covered by this Act
30 who has retired as a participating member under Article 2 of
31 the Illinois Pension Code but is ineligible for the
32 retirement annuity under Section 2-119 of the Illinois
33 Pension Code; (4) the spouse of any person who is receiving a
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1 retirement annuity under Article 18 of the Illinois Pension
2 Code and who is covered under a group health insurance
3 program sponsored by a governmental employer other than the
4 State of Illinois and who has irrevocably elected to waive
5 his or her coverage under this Act and to have his or her
6 spouse considered as the "annuitant" under this Act and not
7 as a "dependent"; or (5) an employee who retires, or has
8 retired, from a qualified position, as determined according
9 to rules promulgated by the Director, under a qualified local
10 government or a qualified rehabilitation facility or a
11 qualified domestic violence shelter or service. (For
12 definition of "retired employee", see (p) post).
13 (b-5) "New SERS annuitant" means a person who, on or
14 after January 1, 1998, becomes an annuitant, as defined in
15 subsection (b), by virtue of beginning to receive a
16 retirement annuity under Article 14 of the Illinois Pension
17 Code, and is eligible to participate in the basic program of
18 group health benefits provided for annuitants under this Act.
19 (b-6) "New SURS annuitant" means a person who, on or
20 after January 1, 1998, becomes an annuitant, as defined in
21 subsection (b), by virtue of beginning to receive a
22 retirement annuity under Article 15 of the Illinois Pension
23 Code, and is eligible to participate in the basic program of
24 group health benefits provided for annuitants under this Act.
25 (c) "Carrier" means (1) an insurance company, a
26 corporation organized under the Limited Health Service
27 Organization Act or the Voluntary Health Services Plan Act, a
28 partnership, or other nongovernmental organization, which is
29 authorized to do group life or group health insurance
30 business in Illinois, or (2) the State of Illinois as a
31 self-insurer.
32 (d) "Compensation" means salary or wages payable on a
33 regular payroll by the State Treasurer on a warrant of the
34 State Comptroller out of any State, trust or federal fund, or
-41- LRB9000999EGfgam01
1 by the Governor of the State through a disbursing officer of
2 the State out of a trust or out of federal funds, or by any
3 Department out of State, trust, federal or other funds held
4 by the State Treasurer or the Department, to any person for
5 personal services currently performed, and ordinary or
6 accidental disability benefits under Articles 2, 14, 15
7 (including ordinary or accidental disability benefits under
8 the optional retirement program established under Section
9 15-158.2), paragraphs (b) or (c) of Section 16-106, or
10 Article 18 of the Illinois Pension Code, for disability
11 incurred after January 1, 1966, or benefits payable under the
12 Workers' Compensation or Occupational Diseases Act or
13 benefits payable under a sick pay plan established in
14 accordance with Section 36 of the State Finance Act.
15 "Compensation" also means salary or wages paid to an employee
16 of any qualified local government or qualified rehabilitation
17 facility or a qualified domestic violence shelter or service.
18 (e) "Commission" means the State Employees Group
19 Insurance Advisory Commission authorized by this Act.
20 Commencing July 1, 1984, "Commission" as used in this Act
21 means the Illinois Economic and Fiscal Commission as
22 established by the Legislative Commission Reorganization Act
23 of 1984.
24 (f) "Contributory", when referred to as contributory
25 coverage, shall mean optional coverages or benefits elected
26 by the member toward the cost of which such member makes
27 contribution, or which are funded in whole or in part through
28 the acceptance of a reduction in earnings or the foregoing of
29 an increase in earnings by an employee, as distinguished from
30 noncontributory coverage or benefits which are paid entirely
31 by the State of Illinois without reduction of the member's
32 salary.
33 (g) "Department" means any department, institution,
34 board, commission, officer, court or any agency of the State
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1 government receiving appropriations and having power to
2 certify payrolls to the Comptroller authorizing payments of
3 salary and wages against such appropriations as are made by
4 the General Assembly from any State fund, or against trust
5 funds held by the State Treasurer and includes boards of
6 trustees of the retirement systems created by Articles 2, 14,
7 15, 16 and 18 of the Illinois Pension Code. "Department"
8 also includes the Illinois Comprehensive Health Insurance
9 Board, the Board of Examiners established under the Illinois
10 Public Accounting Act, and the Illinois Rural Bond Bank.
11 (h) "Dependent", when the term is used in the context of
12 the health and life plan, means a member's spouse and any
13 unmarried child (1) from birth to age 19 including an adopted
14 child, a child who lives with the member from the time of the
15 filing of a petition for adoption until entry of an order of
16 adoption, a stepchild or recognized child who lives with the
17 member in a parent-child relationship, or a child who lives
18 with the member if such member is a court appointed guardian
19 of the child, or (2) age 19 to 23 enrolled as a full-time
20 student in any accredited school, financially dependent upon
21 the member, and eligible as a dependent for Illinois State
22 income tax purposes, or (3) age 19 or over who is mentally or
23 physically handicapped as defined in the Illinois Insurance
24 Code. For the health plan only, the term "dependent" also
25 includes any person enrolled prior to the effective date of
26 this Section who is dependent upon the member to the extent
27 that the member may claim such person as a dependent for
28 Illinois State income tax deduction purposes; no other such
29 person may be enrolled.
30 (i) "Director" means the Director of the Illinois
31 Department of Central Management Services.
32 (j) "Eligibility period" means the period of time a
33 member has to elect enrollment in programs or to select
34 benefits without regard to age, sex or health.
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1 (k) "Employee" means and includes each officer or
2 employee in the service of a department who (1) receives his
3 compensation for service rendered to the department on a
4 warrant issued pursuant to a payroll certified by a
5 department or on a warrant or check issued and drawn by a
6 department upon a trust, federal or other fund or on a
7 warrant issued pursuant to a payroll certified by an elected
8 or duly appointed officer of the State or who receives
9 payment of the performance of personal services on a warrant
10 issued pursuant to a payroll certified by a Department and
11 drawn by the Comptroller upon the State Treasurer against
12 appropriations made by the General Assembly from any fund or
13 against trust funds held by the State Treasurer, and (2) is
14 employed full-time or part-time in a position normally
15 requiring actual performance of duty during not less than 1/2
16 of a normal work period, as established by the Director in
17 cooperation with each department, except that persons elected
18 by popular vote will be considered employees during the
19 entire term for which they are elected regardless of hours
20 devoted to the service of the State, and (3) except that
21 "employee" does not include any person who is not eligible by
22 reason of such person's employment to participate in one of
23 the State retirement systems under Articles 2, 14, 15 (either
24 the regular Article 15 system or the optional retirement
25 program established under Section 15-158.2) or 18, or under
26 paragraph (b) or (c) of Section 16-106, of the Illinois
27 Pension Code, but such term does include persons who are
28 employed during the 6 month qualifying period under Article
29 14 of the Illinois Pension Code. Such term also includes any
30 person who (1) after January 1, 1966, is receiving ordinary
31 or accidental disability benefits under Articles 2, 14, 15
32 (including ordinary or accidental disability benefits under
33 the optional retirement program established under Section
34 15-158.2), paragraphs (b) or (c) of Section 16-106, or
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1 Article 18 of the Illinois Pension Code, for disability
2 incurred after January 1, 1966, (2) receives total permanent
3 or total temporary disability under the Workers' Compensation
4 Act or Occupational Disease Act as a result of injuries
5 sustained or illness contracted in the course of employment
6 with the State of Illinois, or (3) is not otherwise covered
7 under this Act and has retired as a participating member
8 under Article 2 of the Illinois Pension Code but is
9 ineligible for the retirement annuity under Section 2-119 of
10 the Illinois Pension Code. However, a person who satisfies
11 the criteria of the foregoing definition of "employee" except
12 that such person is made ineligible to participate in the
13 State Universities Retirement System by clause (4) of
14 subsection (a) of Section 15-107 of the Illinois Pension Code
15 is also an "employee" for the purposes of this Act.
16 "Employee" also includes any person receiving or eligible for
17 benefits under a sick pay plan established in accordance with
18 Section 36 of the State Finance Act. "Employee" also includes
19 each officer or employee in the service of a qualified local
20 government, including persons appointed as trustees of
21 sanitary districts regardless of hours devoted to the service
22 of the sanitary district, and each employee in the service of
23 a qualified rehabilitation facility and each full-time
24 employee in the service of a qualified domestic violence
25 shelter or service, as determined according to rules
26 promulgated by the Director.
27 (l) "Member" means an employee, annuitant, retired
28 employee or survivor.
29 (m) "Optional coverages or benefits" means those
30 coverages or benefits available to the member on his or her
31 voluntary election, and at his or her own expense.
32 (n) "Program" means the group life insurance, health
33 benefits and other employee benefits designed and contracted
34 for by the Director under this Act.
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1 (o) "Health plan" means a self-insured health insurance
2 program offered by the State of Illinois for the purposes of
3 benefiting employees by means of providing, among others,
4 wellness programs, utilization reviews, second opinions and
5 medical fee reviews, as well as for paying for hospital and
6 medical care up to the maximum coverage provided by the plan,
7 to its members and their dependents.
8 (p) "Retired employee" means any person who would be an
9 annuitant as that term is defined herein but for the fact
10 that such person retired prior to January 1, 1966. Such term
11 also includes any person formerly employed by the University
12 of Illinois in the Cooperative Extension Service who would be
13 an annuitant but for the fact that such person was made
14 ineligible to participate in the State Universities
15 Retirement System by clause (4) of subsection (a) of Section
16 15-107 of the Illinois Pension Code.
17 (p-6) "New SURS retired employee" means a person who, on
18 or after January 1, 1998, becomes a retired employee, as
19 defined in subsection (p), by virtue of being a person
20 formerly employed by the University of Illinois in the
21 Cooperative Extension Service who would be an annuitant but
22 for the fact that he or she was made ineligible to
23 participate in the State Universities Retirement System by
24 clause (4) of subsection (a) of Section 15-107 of the
25 Illinois Pension Code, and who is eligible to participate in
26 the basic program of group health benefits provided for
27 retired employees under this Act.
28 (q) "Survivor" means a person receiving an annuity as a
29 survivor of an employee or of an annuitant. "Survivor" also
30 includes: (1) the surviving dependent of a person who
31 satisfies the definition of "employee" except that such
32 person is made ineligible to participate in the State
33 Universities Retirement System by clause (4) of subsection
34 (a) of Section 15-107 of the Illinois Pension Code; and (2)
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1 the surviving dependent of any person formerly employed by
2 the University of Illinois in the Cooperative Extension
3 Service who would be an annuitant except for the fact that
4 such person was made ineligible to participate in the State
5 Universities Retirement System by clause (4) of subsection
6 (a) of Section 15-107 of the Illinois Pension Code.
7 (q-5) "New SERS survivor" means a survivor, as defined
8 in subsection (q), whose annuity is paid under Article 14 of
9 the Illinois Pension Code and is based on the death of (i) an
10 employee whose death occurs on or after January 1, 1998, or
11 (ii) a new SERS annuitant as defined in subsection (b-5).
12 (q-6) "New SURS survivor" means a survivor, as defined
13 in subsection (q), whose annuity is paid under Article 15 of
14 the Illinois Pension Code and is based on the death of (i) an
15 employee whose death occurs on or after January 1, 1998, (ii)
16 a new SURS annuitant as defined in subsection (b-6), or (iii)
17 a new SURS retired employee as defined in subsection (p-6).
18 (r) "Medical services" means the services provided
19 within the scope of their licenses by practitioners in all
20 categories licensed under the Medical Practice Act of 1987.
21 (s) "Unit of local government" means any county,
22 municipality, township, school district, special district or
23 other unit, designated as a unit of local government by law,
24 which exercises limited governmental powers or powers in
25 respect to limited governmental subjects, any not-for-profit
26 association with a membership that primarily includes
27 townships and township officials, that has duties that
28 include provision of research service, dissemination of
29 information, and other acts for the purpose of improving
30 township government, and that is funded wholly or partly in
31 accordance with Section 85-15 of the Township Code; any
32 not-for-profit corporation or association, with a membership
33 consisting primarily of municipalities, that operates its own
34 utility system, and provides research, training,
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1 dissemination of information, or other acts to promote
2 cooperation between and among municipalities that provide
3 utility services and for the advancement of the goals and
4 purposes of its membership; and the Illinois Association of
5 Park Districts. "Qualified local government" means a unit of
6 local government approved by the Director and participating
7 in a program created under subsection (i) of Section 10 of
8 this Act.
9 (t) "Qualified rehabilitation facility" means any
10 not-for-profit organization that is accredited by the
11 Commission on Accreditation of Rehabilitation Facilities or
12 certified by the Department of Human Services (as successor
13 to the Department of Mental Health and Developmental
14 Disabilities) to provide services to persons with
15 disabilities and which receives funds from the State of
16 Illinois for providing those services, approved by the
17 Director and participating in a program created under
18 subsection (j) of Section 10 of this Act.
19 (u) "Qualified domestic violence shelter or service"
20 means any Illinois domestic violence shelter or service and
21 its administrative offices funded by the Department of Human
22 Services (as successor to the Illinois Department of Public
23 Aid), approved by the Director and participating in a program
24 created under subsection (k) of Section 10.
25 (v) "TRS benefit recipient" means a person who:
26 (1) is not a "member" as defined in this Section;
27 and
28 (2) is receiving a monthly benefit or retirement
29 annuity under Article 16 of the Illinois Pension Code;
30 and
31 (3) either (i) has at least 8 years of creditable
32 service under Article 16 of the Illinois Pension Code, or
33 (ii) was enrolled in the health insurance program offered
34 under that Article on January 1, 1996, or (iii) is the
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1 survivor of a benefit recipient who had at least 8 years
2 of creditable service under Article 16 of the Illinois
3 Pension Code or was enrolled in the health insurance
4 program offered under that Article on the effective date
5 of this amendatory Act of 1995, or (iv) is a recipient or
6 survivor of a recipient of a disability benefit under
7 Article 16 of the Illinois Pension Code.
8 (w) "TRS dependent beneficiary" means a person who:
9 (1) is not a "member" or "dependent" as defined in
10 this Section; and
11 (2) is a TRS benefit recipient's: (A) spouse, (B)
12 dependent parent who is receiving at least half of his or
13 her support from the TRS benefit recipient, or (C)
14 unmarried natural or adopted child who is (i) under age
15 19, or (ii) enrolled as a full-time student in an
16 accredited school, financially dependent upon the TRS
17 benefit recipient, eligible as a dependent for Illinois
18 State income tax purposes, and either is under age 24 or
19 was, on January 1, 1996, participating as a dependent
20 beneficiary in the health insurance program offered under
21 Article 16 of the Illinois Pension Code, or (iii) age 19
22 or over who is mentally or physically handicapped as
23 defined in the Illinois Insurance Code.
24 (x) "Military leave with pay and benefits" refers to
25 individuals in basic training for reserves, special/advanced
26 training, annual training, emergency call up, or activation
27 by the President of the United States with approved pay and
28 benefits.
29 (y) "Military leave without pay and benefits" refers to
30 individuals who enlist for active duty in a regular component
31 of the U.S. Armed Forces or other duty not specified or
32 authorized under military leave with pay and benefits.
33 (z) "Community college benefit recipient" means a person
34 who:
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1 (1) is not a "member" as defined in this Section;
2 and
3 (2) is receiving a monthly survivor's annuity or
4 retirement annuity under Article 15 of the Illinois
5 Pension Code; and
6 (3) either (i) was a full-time employee of a
7 community college district or an association of community
8 college boards created under the Public Community College
9 Act (other than an employee whose last employer under
10 Article 15 of the Illinois Pension Code was a community
11 college district subject to Article VII of the Public
12 Community College Act) and was eligible to participate in
13 a group health benefit plan as an employee during the
14 time of employment with a community college district
15 (other than a community college district subject to
16 Article VII of the Public Community College Act) or an
17 association of community college boards, or (ii) is the
18 survivor of a person described in item (i).
19 (aa) "Community college dependent beneficiary" means a
20 person who:
21 (1) is not a "member" or "dependent" as defined in
22 this Section; and
23 (2) is a community college benefit recipient's: (A)
24 spouse, (B) dependent parent who is receiving at least
25 half of his or her support from the community college
26 benefit recipient, or (C) unmarried natural or adopted
27 child who is (i) under age 19, or (ii) enrolled as a
28 full-time student in an accredited school, financially
29 dependent upon the community college benefit recipient,
30 eligible as a dependent for Illinois State income tax
31 purposes and under age 23, or (iii) age 19 or over and
32 mentally or physically handicapped as defined in the
33 Illinois Insurance Code.
34 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95;
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1 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff.
2 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628,
3 eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
4 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
5 revised 10-13-97.)
6 (5 ILCS 375/6.9)
7 Sec. 6.9. Health benefits for community college benefit
8 recipients and community college dependent beneficiaries.
9 (a) Purpose. It is the purpose of this amendatory Act
10 of 1997 to establish a uniform program of health benefits for
11 community college benefit recipients and their dependent
12 beneficiaries under the administration of the Department of
13 Central Management Services.
14 (b) Creation of program. Beginning July 1, 1999, the
15 Department of Central Management Services shall be
16 responsible for administering a program of health benefits
17 for community college benefit recipients and community
18 college dependent beneficiaries under this Section. The
19 State Universities Retirement System and the boards of
20 trustees of the various community college districts shall
21 cooperate with the Department in this endeavor.
22 (c) Eligibility. All community college benefit
23 recipients and community college dependent beneficiaries
24 shall be eligible to participate in the program established
25 under this Section, without any interruption or delay in
26 coverage or limitation as to pre-existing medical conditions.
27 Eligibility to participate shall be determined by the State
28 Universities Retirement System. Eligibility information
29 shall be communicated to the Department of Central Management
30 Services in a format acceptable to the Department.
31 (d) Coverage. The health benefit coverage provided
32 under this Section shall be a program of health, dental, and
33 vision benefits.
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1 The program of health benefits under this Section may
2 include any or all of the benefit limitations, including but
3 not limited to a reduction in benefits based on eligibility
4 for federal medicare benefits, that are provided under
5 subsection (a) of Section 6 of this Act for other health
6 benefit programs under this Act.
7 (e) Insurance rates and premiums. The Director shall
8 determine the insurance rates and premiums for community
9 college benefit recipients and community college dependent
10 beneficiaries. Rates and premiums may be based in part on
11 age and eligibility for federal Medicare coverage. The
12 Director shall also determine premiums that will allow for
13 the establishment of an actuarially sound reserve for this
14 program.
15 The cost of health benefits under the program shall be
16 paid as follows:
17 (1) For a community college benefit recipient, up
18 to 75% of the total insurance rate shall be paid from the
19 Community College Health Insurance Security Fund.
20 (2) The balance of the rate of insurance, including
21 the entire premium for any coverage for community college
22 dependent beneficiaries that has been elected, shall be
23 paid by deductions authorized by the community college
24 benefit recipient to be withheld from his or her monthly
25 annuity or benefit payment from the State Universities
26 Retirement System; except that (i) if the balance of the
27 cost of coverage exceeds the amount of the monthly
28 annuity or benefit payment, the difference shall be paid
29 directly to the State Universities Retirement System by
30 the community college benefit recipient, and (ii) all or
31 part of the balance of the cost of coverage may, at the
32 option of the board of trustees of the community college
33 district, be paid to the State Universities Retirement
34 System by the board of the community college district
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1 from which the community college benefit recipient
2 retired. The State Universities Retirement System shall
3 promptly deposit all moneys withheld by or paid to it
4 under this subdivision (e)(2) into the Community College
5 Health Insurance Security Fund. These moneys shall not
6 be considered assets of the State Universities Retirement
7 System.
8 (f) Financing. All revenues arising from the
9 administration of the health benefit program established
10 under this Section shall be deposited into the Community
11 College Health Insurance Security Fund, which is hereby
12 created as a nonappropriated trust fund to be held outside
13 the State Treasury, with the State Treasurer as custodian.
14 Any interest earned on moneys in the Community College Health
15 Insurance Security Fund shall be deposited into the Fund.
16 Moneys in the Community College Health Insurance Security
17 Fund shall be used only to pay the costs of the health
18 benefit program established under this Section, including
19 associated administrative costs and the establishment of a
20 program reserve. Beginning January 1, 1999, the Department
21 of Central Management Services may make expenditures from the
22 Community College Health Insurance Security Fund for those
23 costs.
24 (g) Contract for benefits. The Director shall by
25 contract, self-insurance, or otherwise make available the
26 program of health benefits for community college benefit
27 recipients and their community college dependent
28 beneficiaries that is provided for in this Section. The
29 contract or other arrangement for the provision of these
30 health benefits shall be on terms deemed by the Director to
31 be in the best interest of the State of Illinois and the
32 community college benefit recipients based on, but not
33 limited to, such criteria as administrative cost, service
34 capabilities of the carrier or other contractor, and the
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1 costs of the benefits.
2 (h) Continuation of program. It is the intention of the
3 General Assembly that the program of health benefits provided
4 under this Section be maintained on an ongoing, affordable
5 basis. The program of health benefits provided under this
6 Section may be amended by the State and is not intended to be
7 a pension or retirement benefit subject to protection under
8 Article XIII, Section 5 of the Illinois Constitution.
9 (i) Other health benefit plans. A health benefit plan
10 provided by a community college district (other than a
11 community college district subject to Article VII of the
12 Public Community College Act) under the terms of a collective
13 bargaining agreement in effect on or prior to the effective
14 date of this amendatory Act of 1997 shall continue in force
15 according to the terms of that agreement, unless otherwise
16 mutually agreed by the parties to that agreement and the
17 affected retiree. A community college benefit recipient or
18 community college dependent beneficiary whose coverage under
19 such a plan expires shall be eligible to begin participating
20 in the program established under this Section without any
21 interruption or delay in coverage or limitation as to
22 pre-existing medical conditions.
23 This Act does not prohibit any community college district
24 from offering additional health benefits for its retirees or
25 their dependents or survivors.
26 (Source: P.A. 90-497, eff. 8-18-97; revised 11-10-97.)
27 (5 ILCS 375/6.11)
28 Sec. 6.11. 6.9. Required health benefits. The program
29 of health benefits shall provide the post-mastectomy care
30 benefits required to be covered by a policy of accident and
31 health insurance under Section 356t of the Illinois Insurance
32 Code. The program of health benefits shall provide the
33 coverage required under Section 356u of the Illinois
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1 Insurance Code.
2 (Source: P.A. 90-7, eff. 6-10-97; revised 11-10-97.)
3 (5 ILCS 375/10) (from Ch. 127, par. 530)
4 Sec. 10. Payments by State; premiums.
5 (a) The State shall pay the cost of basic
6 non-contributory group life insurance and, subject to member
7 paid contributions set by the Department or required by this
8 Section, the basic program of group health benefits on each
9 eligible member, except a member, not otherwise covered by
10 this Act, who has retired as a participating member under
11 Article 2 of the Illinois Pension Code but is ineligible for
12 the retirement annuity under Section 2-119 of the Illinois
13 Pension Code, and part of each eligible member's and retired
14 member's premiums for health insurance coverage for enrolled
15 dependents as provided by Section 9. The State shall pay the
16 cost of the basic program of group health benefits only after
17 benefits are reduced by the amount of benefits covered by
18 Medicare for all retired members and retired dependents aged
19 65 years or older who are entitled to benefits under Social
20 Security or the Railroad Retirement system or who had
21 sufficient Medicare-covered government employment except that
22 such reduction in benefits shall apply only to those retired
23 members or retired dependents who (1) first become eligible
24 for such Medicare coverage on or after July 1, 1992; or (2)
25 remain eligible for, but no longer receive Medicare coverage
26 which they had been receiving on or after July 1, 1992. The
27 Department may determine the aggregate level of the State's
28 contribution on the basis of actual cost of medical services
29 adjusted for age, sex or geographic or other demographic
30 characteristics which affect the costs of such programs.
31 (a-1) Beginning January 1, 1998, for each person who
32 becomes a new SERS annuitant and participates in the basic
33 program of group health benefits, the State shall contribute
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1 toward the cost of the annuitant's coverage under the basic
2 program of group health benefits an amount equal to 5% of
3 that cost for each full year of creditable service upon which
4 the annuitant's retirement annuity is based, up to a maximum
5 of 100% for an annuitant with 20 or more years of creditable
6 service. The remainder of the cost of a new SERS annuitant's
7 coverage under the basic program of group health benefits
8 shall be the responsibility of the annuitant.
9 (a-2) Beginning January 1, 1998, for each person who
10 becomes a new SERS survivor and participates in the basic
11 program of group health benefits, the State shall contribute
12 toward the cost of the survivor's coverage under the basic
13 program of group health benefits an amount equal to 5% of
14 that cost for each full year of the deceased employee's or
15 deceased annuitant's creditable service in the State
16 Employees' Retirement System of Illinois on the date of
17 death, up to a maximum of 100% for a survivor of an employee
18 or annuitant with 20 or more years of creditable service.
19 The remainder of the cost of the new SERS survivor's coverage
20 under the basic program of group health benefits shall be the
21 responsibility of the survivor.
22 (a-3) Beginning January 1, 1998, for each person who
23 becomes a new SURS annuitant and participates in the basic
24 program of group health benefits, the State shall contribute
25 toward the cost of the annuitant's coverage under the basic
26 program of group health benefits an amount equal to 5% of
27 that cost for each full year of creditable service upon which
28 the annuitant's retirement annuity is based, up to a maximum
29 of 100% for an annuitant with 20 or more years of creditable
30 service. The remainder of the cost of a new SURS annuitant's
31 coverage under the basic program of group health benefits
32 shall be the responsibility of the annuitant.
33 (a-4) Beginning January 1, 1998, for each person who
34 becomes a new SURS retired employee and participates in the
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1 basic program of group health benefits, the State shall
2 contribute toward the cost of the retired employee's coverage
3 under the basic program of group health benefits an amount
4 equal to 5% of that cost for each full year that the retired
5 employee was an employee as defined in Section 3, up to a
6 maximum of 100% for a retired employee who was an employee
7 for 20 or more years. The remainder of the cost of a new
8 SURS retired employee's coverage under the basic program of
9 group health benefits shall be the responsibility of the
10 retired employee.
11 (a-5) Beginning January 1, 1998, for each person who
12 becomes a new SURS survivor and participates in the basic
13 program of group health benefits, the State shall contribute
14 toward the cost of the survivor's coverage under the basic
15 program of group health benefits an amount equal to 5% of
16 that cost for each full year of the deceased employee's or
17 deceased annuitant's creditable service in the State
18 Universities Employees' Retirement System of Illinois on the
19 date of death, up to a maximum of 100% for a survivor of an
20 employee or annuitant with 20 or more years of creditable
21 service. The remainder of the cost of the new SURS
22 survivor's coverage under the basic program of group health
23 benefits shall be the responsibility of the survivor.
24 (a-6) A new SERS annuitant, new SERS survivor, new SURS
25 annuitant, new SURS retired employee, or new SURS survivor
26 may waive or terminate coverage in the program of group
27 health benefits. Any such annuitant, survivor, or retired
28 employee who has waived or terminated coverage may enroll or
29 re-enroll in the program of group health benefits only during
30 the annual benefit choice period, as determined by the
31 Director; except that in the event of termination of coverage
32 due to nonpayment of premiums, the annuitant, survivor, or
33 retired employee may not re-enroll in the program.
34 (a-7) No later than May 1 of each calendar year, the
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1 Director of Central Management Services shall certify in
2 writing to the Executive Secretary of the State Employees'
3 Employee's Retirement System of Illinois the amounts of the
4 Medicare supplement health care premiums and the amounts of
5 the health care premiums for all other retirees who are not
6 Medicare eligible.
7 A separate calculation of the premiums based upon the
8 actual cost of each health care plan shall be so certified.
9 The Director of Central Management Services shall provide
10 to the Executive Secretary of the State Employees' Employee's
11 Retirement System of Illinois such information, statistics,
12 and other data as he or she he/she may require to review the
13 premium amounts certified by the Director of Central
14 Management Services.
15 (b) State employees who become eligible for this program
16 on or after January 1, 1980 in positions, normally requiring
17 actual performance of duty not less than 1/2 of a normal work
18 period but not equal to that of a normal work period, shall
19 be given the option of participating in the available
20 program. If the employee elects coverage, the State shall
21 contribute on behalf of such employee to the cost of the
22 employee's benefit and any applicable dependent supplement,
23 that sum which bears the same percentage as that percentage
24 of time the employee regularly works when compared to normal
25 work period.
26 (c) The basic non-contributory coverage from the basic
27 program of group health benefits shall be continued for each
28 employee not in pay status or on active service by reason of
29 (1) leave of absence due to illness or injury, (2) authorized
30 educational leave of absence or sabbatical leave, or (3)
31 military leave with pay and benefits. This coverage shall
32 continue until expiration of authorized leave and return to
33 active service, but not to exceed 24 months for leaves under
34 item (1) or (2). This 24-month limitation and the requirement
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1 of returning to active service shall not apply to persons
2 receiving ordinary or accidental disability benefits or
3 retirement benefits through the appropriate State retirement
4 system or benefits under the Workers' Compensation or
5 Occupational Disease Act.
6 (d) The basic group life insurance coverage shall
7 continue, with full State contribution, where such person is
8 (1) absent from active service by reason of disability
9 arising from any cause other than self-inflicted, (2) on
10 authorized educational leave of absence or sabbatical leave,
11 or (3) on military leave with pay and benefits.
12 (e) Where the person is in non-pay status for a period
13 in excess of 30 days or on leave of absence, other than by
14 reason of disability, educational or sabbatical leave, or
15 military leave with pay and benefits, such person may
16 continue coverage only by making personal payment equal to
17 the amount normally contributed by the State on such person's
18 behalf. Such payments and coverage may be continued: (1)
19 until such time as the person returns to a status eligible
20 for coverage at State expense, but not to exceed 24 months,
21 (2) until such person's employment or annuitant status with
22 the State is terminated, or (3) for a maximum period of 4
23 years for members on military leave with pay and benefits and
24 military leave without pay and benefits (exclusive of any
25 additional service imposed pursuant to law).
26 (f) The Department shall establish by rule the extent
27 to which other employee benefits will continue for persons in
28 non-pay status or who are not in active service.
29 (g) The State shall not pay the cost of the basic
30 non-contributory group life insurance, program of health
31 benefits and other employee benefits for members who are
32 survivors as defined by paragraphs (1) and (2) of subsection
33 (q) of Section 3 of this Act. The costs of benefits for
34 these survivors shall be paid by the survivors or by the
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1 University of Illinois Cooperative Extension Service, or any
2 combination thereof.
3 (h) Those persons occupying positions with any
4 department as a result of emergency appointments pursuant to
5 Section 8b.8 of the Personnel Code who are not considered
6 employees under this Act shall be given the option of
7 participating in the programs of group life insurance, health
8 benefits and other employee benefits. Such persons electing
9 coverage may participate only by making payment equal to the
10 amount normally contributed by the State for similarly
11 situated employees. Such amounts shall be determined by the
12 Director. Such payments and coverage may be continued until
13 such time as the person becomes an employee pursuant to this
14 Act or such person's appointment is terminated.
15 (i) Any unit of local government within the State of
16 Illinois may apply to the Director to have its employees,
17 annuitants, and their dependents provided group health
18 coverage under this Act on a non-insured basis. To
19 participate, a unit of local government must agree to enroll
20 all of its employees, who may select coverage under either
21 the State group health insurance plan or a health maintenance
22 organization that has contracted with the State to be
23 available as a health care provider for employees as defined
24 in this Act. A unit of local government must remit the
25 entire cost of providing coverage under the State group
26 health insurance plan or, for coverage under a health
27 maintenance organization, an amount determined by the
28 Director based on an analysis of the sex, age, geographic
29 location, or other relevant demographic variables for its
30 employees, except that the unit of local government shall not
31 be required to enroll those of its employees who are covered
32 spouses or dependents under this plan or another group policy
33 or plan providing health benefits as long as (1) an
34 appropriate official from the unit of local government
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1 attests that each employee not enrolled is a covered spouse
2 or dependent under this plan or another group policy or plan,
3 and (2) at least 85% of the employees are enrolled and the
4 unit of local government remits the entire cost of providing
5 coverage to those employees. Employees of a participating
6 unit of local government who are not enrolled due to coverage
7 under another group health policy or plan may enroll at a
8 later date subject to submission of satisfactory evidence of
9 insurability and provided that no benefits shall be payable
10 for services incurred during the first 6 months of coverage
11 to the extent the services are in connection with any
12 pre-existing condition. A participating unit of local
13 government may also elect to cover its annuitants. Dependent
14 coverage shall be offered on an optional basis, with the
15 costs paid by the unit of local government, its employees, or
16 some combination of the two as determined by the unit of
17 local government. The unit of local government shall be
18 responsible for timely collection and transmission of
19 dependent premiums.
20 The Director shall annually determine monthly rates of
21 payment, subject to the following constraints:
22 (1) In the first year of coverage, the rates shall
23 be equal to the amount normally charged to State
24 employees for elected optional coverages or for enrolled
25 dependents coverages or other contributory coverages, or
26 contributed by the State for basic insurance coverages on
27 behalf of its employees, adjusted for differences between
28 State employees and employees of the local government in
29 age, sex, geographic location or other relevant
30 demographic variables, plus an amount sufficient to pay
31 for the additional administrative costs of providing
32 coverage to employees of the unit of local government and
33 their dependents.
34 (2) In subsequent years, a further adjustment shall
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1 be made to reflect the actual prior years' claims
2 experience of the employees of the unit of local
3 government.
4 In the case of coverage of local government employees
5 under a health maintenance organization, the Director shall
6 annually determine for each participating unit of local
7 government the maximum monthly amount the unit may contribute
8 toward that coverage, based on an analysis of (i) the age,
9 sex, geographic location, and other relevant demographic
10 variables of the unit's employees and (ii) the cost to cover
11 those employees under the State group health insurance plan.
12 The Director may similarly determine the maximum monthly
13 amount each unit of local government may contribute toward
14 coverage of its employees' dependents under a health
15 maintenance organization.
16 Monthly payments by the unit of local government or its
17 employees for group health insurance or health maintenance
18 organization coverage shall be deposited in the Local
19 Government Health Insurance Reserve Fund. The Local
20 Government Health Insurance Reserve Fund shall be a
21 continuing fund not subject to fiscal year limitations. All
22 expenditures from this fund shall be used for payments for
23 health care benefits for local government and rehabilitation
24 facility employees, annuitants, and dependents, and to
25 reimburse the Department or its administrative service
26 organization for all expenses incurred in the administration
27 of benefits. No other State funds may be used for these
28 purposes.
29 A local government employer's participation or desire to
30 participate in a program created under this subsection shall
31 not limit that employer's duty to bargain with the
32 representative of any collective bargaining unit of its
33 employees.
34 (j) Any rehabilitation facility within the State of
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1 Illinois may apply to the Director to have its employees,
2 annuitants, and their dependents provided group health
3 coverage under this Act on a non-insured basis. To
4 participate, a rehabilitation facility must agree to enroll
5 all of its employees and remit the entire cost of providing
6 such coverage for its employees, except that the
7 rehabilitation facility shall not be required to enroll those
8 of its employees who are covered spouses or dependents under
9 this plan or another group policy or plan providing health
10 benefits as long as (1) an appropriate official from the
11 rehabilitation facility attests that each employee not
12 enrolled is a covered spouse or dependent under this plan or
13 another group policy or plan, and (2) at least 85% of the
14 employees are enrolled and the rehabilitation facility remits
15 the entire cost of providing coverage to those employees.
16 Employees of a participating rehabilitation facility who are
17 not enrolled due to coverage under another group health
18 policy or plan may enroll at a later date subject to
19 submission of satisfactory evidence of insurability and
20 provided that no benefits shall be payable for services
21 incurred during the first 6 months of coverage to the extent
22 the services are in connection with any pre-existing
23 condition. A participating rehabilitation facility may also
24 elect to cover its annuitants. Dependent coverage shall be
25 offered on an optional basis, with the costs paid by the
26 rehabilitation facility, its employees, or some combination
27 of the 2 as determined by the rehabilitation facility. The
28 rehabilitation facility shall be responsible for timely
29 collection and transmission of dependent premiums.
30 The Director shall annually determine quarterly rates of
31 payment, subject to the following constraints:
32 (1) In the first year of coverage, the rates shall
33 be equal to the amount normally charged to State
34 employees for elected optional coverages or for enrolled
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1 dependents coverages or other contributory coverages on
2 behalf of its employees, adjusted for differences between
3 State employees and employees of the rehabilitation
4 facility in age, sex, geographic location or other
5 relevant demographic variables, plus an amount sufficient
6 to pay for the additional administrative costs of
7 providing coverage to employees of the rehabilitation
8 facility and their dependents.
9 (2) In subsequent years, a further adjustment shall
10 be made to reflect the actual prior years' claims
11 experience of the employees of the rehabilitation
12 facility.
13 Monthly payments by the rehabilitation facility or its
14 employees for group health insurance shall be deposited in
15 the Local Government Health Insurance Reserve Fund.
16 (k) Any domestic violence shelter or service within the
17 State of Illinois may apply to the Director to have its
18 employees, annuitants, and their dependents provided group
19 health coverage under this Act on a non-insured basis. To
20 participate, a domestic violence shelter or service must
21 agree to enroll all of its employees and pay the entire cost
22 of providing such coverage for its employees. A
23 participating domestic violence shelter may also elect to
24 cover its annuitants. Dependent coverage shall be offered on
25 an optional basis, with employees, or some combination of the
26 2 as determined by the domestic violence shelter or service.
27 The domestic violence shelter or service shall be responsible
28 for timely collection and transmission of dependent premiums.
29 The Director shall annually determine quarterly rates of
30 payment, subject to the following constraints:
31 (1) In the first year of coverage, the rates shall
32 be equal to the amount normally charged to State
33 employees for elected optional coverages or for enrolled
34 dependents coverages or other contributory coverages on
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1 behalf of its employees, adjusted for differences between
2 State employees and employees of the domestic violence
3 shelter or service in age, sex, geographic location or
4 other relevant demographic variables, plus an amount
5 sufficient to pay for the additional administrative costs
6 of providing coverage to employees of the domestic
7 violence shelter or service and their dependents.
8 (2) In subsequent years, a further adjustment shall
9 be made to reflect the actual prior years' claims
10 experience of the employees of the domestic violence
11 shelter or service.
12 (3) In no case shall the rate be less than the
13 amount normally charged to State employees or contributed
14 by the State on behalf of its employees.
15 Monthly payments by the domestic violence shelter or
16 service or its employees for group health insurance shall be
17 deposited in the Local Government Health Insurance Reserve
18 Fund.
19 (l) A public community college or entity organized
20 pursuant to the Public Community College Act may apply to the
21 Director initially to have only annuitants not covered prior
22 to July 1, 1992 by the district's health plan provided health
23 coverage under this Act on a non-insured basis. The
24 community college must execute a 2-year contract to
25 participate in the Local Government Health Plan. Those
26 annuitants enrolled initially under this contract shall have
27 no benefits payable for services incurred during the first 6
28 months of coverage to the extent the services are in
29 connection with any pre-existing condition. Any annuitant
30 who may enroll after this initial enrollment period shall be
31 subject to submission of satisfactory evidence of
32 insurability and to the pre-existing conditions limitation.
33 The Director shall annually determine monthly rates of
34 payment subject to the following constraints: for those
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1 community colleges with annuitants only enrolled, first year
2 rates shall be equal to the average cost to cover claims for
3 a State member adjusted for demographics, Medicare
4 participation, and other factors; and in the second year, a
5 further adjustment of rates shall be made to reflect the
6 actual first year's claims experience of the covered
7 annuitants.
8 (m) The Director shall adopt any rules deemed necessary
9 for implementation of this amendatory Act of 1989 (Public Act
10 86-978).
11 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
12 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
13 7-7-97; revised 1-13-98.)
14 Section 13. The State Designations Act is amended by
15 changing Section 25 as follows:
16 (5 ILCS 460/25) (from Ch. 1, par. 2901-25)
17 Sec. 25. State mineral. The mineral calcium fluoride
18 flouride, commonly called "fluorite", is designated the
19 official State mineral of the State of Illinois.
20 (Source: P.A. 87-273; revised 6-27-97.)
21 Section 14. The Election Code is amended by changing
22 Sections 7-34, 16-4.1, 17-23, 20-13.1, and 23-6.1 as follows:
23 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
24 Sec. 7-34. Pollwatchers in a primary election shall be
25 authorized in the following manner:
26 (1) Each established political party shall be entitled
27 to appoint one pollwatcher per precinct. Such pollwatchers
28 must be affiliated with the political party for which they
29 are pollwatching. For all primary elections, except as
30 provided in subsection (5), such pollwatchers must be
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1 registered to vote from a residence in the county in which
2 they are pollwatching.
3 (2) Each candidate shall be entitled to appoint two
4 pollwatchers per precinct. For Federal, State, and county
5 primary elections, one pollwatcher must be registered to vote
6 from a residence in the county in which he is pollwatching.
7 The second pollwatcher must be registered to vote from a
8 residence in the precinct or ward in which he is
9 pollwatching. For township and municipal primary elections,
10 one pollwatcher must be registered to vote from a residence
11 in the county in which he is pollwatching. The second
12 pollwatcher must be registered to vote from a residence in
13 the precinct or ward in which he is pollwatching.
14 (3) Each organization of citizens within the county or
15 political subdivision, which has among its purposes or
16 interests the investigation or prosecution of election
17 frauds, and which shall have registered its name and address
18 and the names and addresses of its principal officers with
19 the proper election authority at least 40 days before the
20 primary election, shall be entitled to appoint one
21 pollwatcher per precinct. For all primary elections, except
22 as provided in subsection (5), such pollwatcher must be
23 registered to vote from a residence in the county in which he
24 is pollwatching.
25 (4) Each organized group of proponents or opponents of a
26 ballot proposition, which shall have registered the name and
27 address of its organization or committee and the name and
28 address of its chairman with the proper election authority at
29 least 40 days before the primary election, shall be entitled
30 to appoint one pollwatcher per precinct. Except as provided
31 in subsection (5), such pollwatcher must be registered to
32 vote from a residence in the county in which the ballot
33 proposition is being voted upon.
34 (5) In any primary election held to nominate candidates
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1 for the offices of a municipality of less than 3,000,000
2 population that is situated in 2 or more counties, a
3 pollwatcher who is a resident of a county in which any part
4 of the municipality is situated shall be eligible to serve as
5 a pollwatcher in any polling place located within such
6 municipality, provided that such pollwatcher otherwise
7 complies with the respective requirements of subsections (1)
8 through (4) of this Section and is a registered voter whose
9 residence is within the municipality.
10 All pollwatchers shall be required to have proper
11 credentials. Such credentials shall be printed in sufficient
12 quantities, shall be issued by and under the facsimile
13 signature(s) of the election authority and shall be available
14 for distribution at least 2 weeks prior to the election.
15 Such credentials shall be authorized by the real or facsimile
16 signature of the State or local party official or the
17 candidate or the presiding officer of the civic organization
18 or the chairman of the proponent or opponent group, as the
19 case may be.
20 Pollwatcher credentials shall be in substantially the
21 following form:
22 POLLWATCHER CREDENTIALS
23 TO THE JUDGES OF ELECTION:
24 In accordance with the provisions of the Election Code,
25 the undersigned hereby appoints ........... (name of
26 pollwatcher) at .......... (address) in the county of
27 ..........., .......... (township or municipality) of
28 ........... (name), State of Illinois and who is duly
29 registered to vote from this address, to act as a
30 pollwatcher in the ........... precinct of the ..........
31 ward (if applicable) of the ........... (township or
32 municipality) of ........... at the ........... election to
33 be held on ..........., 19.. (date).
34 ........................ (Signature of Appointing Authority)
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1 ........................ TITLE (party official, candidate,
2 civic organization president,
3 proponent or opponent group chairman)
4 Under penalties provided by law pursuant to Section 29-10
5 of the Election Code, the undersigned pollwatcher certifies
6 that he or she resides at .............. (address) in the
7 county of ........., ......... (township or municipality) of
8 .......... (name), State of Illinois, and is duly registered
9 to vote from that address.
10 ........................... ..........................
11 (Precinct and/or Ward in (Signature of Pollwatcher)
12 Which Pollwatcher Resides)
13 Pollwatchers must present their credentials to the Judges
14 of Election upon entering the polling place. Pollwatcher
15 credentials properly executed and signed shall be proof of
16 the qualifications of the pollwatcher authorized thereby.
17 Such credentials are retained by the Judges and returned to
18 the Election Authority at the end of the day of election with
19 the other election materials. Once a pollwatcher has
20 surrendered a valid credential, he may leave and reenter the
21 polling place provided that such continuing action does not
22 disrupt the conduct of the election. Pollwatchers may be
23 substituted during the course of the day, but established
24 political parties, candidates, qualified civic organizations
25 and proponents and opponents of a ballot proposition can have
26 only as many pollwatchers at any given time as are authorized
27 in this Article. A substitute must present his signed
28 credential to the judges of election upon entering the
29 polling place. Election authorities must provide a
30 sufficient number of credentials to allow for substitution of
31 pollwatchers. After the polls have closed, pollwatchers shall
32 be allowed to remain until the canvass of votes is completed;
33 but may leave and reenter only in cases of necessity,
34 provided that such action is not so continuous as to disrupt
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1 the canvass of votes.
2 Candidates seeking office in a district or municipality
3 encompassing 2 or more counties shall be admitted to any and
4 all polling places throughout such district or municipality
5 without regard to the counties in which such candidates are
6 registered to vote. Actions of such candidates shall be
7 governed in each polling place by the same privileges and
8 limitations that apply to pollwatchers as provided in this
9 Section. Any such candidate who engages in an activity in a
10 polling place which could reasonably be construed by a
11 majority of the judges of election as campaign activity shall
12 be removed forthwith from such polling place.
13 Candidates seeking office in a district or municipality
14 encompassing 2 or more counties who desire to be admitted to
15 polling places on election day in such district or
16 municipality shall be required to have proper credentials.
17 Such credentials shall be printed in sufficient quantities,
18 shall be issued by and under the facsimile fascimile
19 signature of the election authority of the election
20 jurisdiction where the polling place in which the candidate
21 seeks admittance is located, and shall be available for
22 distribution at least 2 weeks prior to the election. Such
23 credentials shall be signed by the candidate.
24 Candidate credentials shall be in substantially the
25 following form:
26 CANDIDATE CREDENTIALS
27 TO THE JUDGES OF ELECTION:
28 In accordance with the provisions of the Election Code, I
29 ...... (name of candidate) hereby certify that I am a
30 candidate for ....... (name of office) and seek admittance to
31 ....... precinct of the ....... ward (if applicable) of the
32 ....... (township or municipality) of ....... at the .......
33 election to be held on ...., 19.... (date).
34 ......................... .......................
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1 (Signature of Candidate) OFFICE FOR WHICH
2 CANDIDATE SEEKS
3 NOMINATION OR
4 ELECTION
5 Pollwatchers shall be permitted to observe all
6 proceedings relating to the conduct of the election and to
7 station themselves in a position in the voting room as will
8 enable them to observe the judges making the signature
9 comparison between the voter application and the voter
10 registration record card; provided, however, that such
11 pollwatchers shall not be permitted to station themselves in
12 such close proximity to the judges of election so as to
13 interfere with the orderly conduct of the election and shall
14 not, in any event, be permitted to handle election materials.
15 Pollwatchers may challenge for cause the voting
16 qualifications of a person offering to vote and may call to
17 the attention of the judges of election any incorrect
18 procedure or apparent violations of this Code.
19 If a majority of the judges of election determine that
20 the polling place has become too overcrowded with
21 pollwatchers so as to interfere with the orderly conduct of
22 the election, the judges shall, by lot, limit such
23 pollwatchers to a reasonable number, except that each
24 candidate and each established or new political party shall
25 be permitted to have at least one pollwatcher present.
26 Representatives of an election authority, with regard to
27 an election under its jurisdiction,; the State Board of
28 Elections, and law enforcement agencies, including but not
29 limited to a United States Attorney, a State's attorney, the
30 Attorney General, and a State, county, or local police
31 department, in the performance of their official election
32 duties, shall be permitted at all times to enter and remain
33 in the polling place. Upon entering the polling place, such
34 representatives shall display their official credentials or
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1 other identification to the judges of election.
2 Uniformed police officers assigned to polling place duty
3 shall follow all lawful instructions of the judges of
4 election.
5 The provisions of this Section shall also apply to
6 supervised casting of absentee ballots as provided in Section
7 19-12.2 of this Act.
8 (Source: P.A. 86-867; revised 8-7-97.)
9 (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
10 Sec. 16-4.1. Ballots; Form; Consolidated Elections.
11 This Section shall apply only to the consolidated primary
12 election, and the consolidated election, except as otherwise
13 expressly provided herein.
14 The ballot for the nomination or election of officers of
15 each political subdivision shall be considered a separate
16 ballot, and candidates for such offices shall be grouped
17 together. Where paper ballots are used, the names of
18 candidates for nomination or election to more than one
19 political subdivision may be contained on a common ballot,
20 provided that such ballot clearly indicates and separates
21 each political subdivision from which such officers are to be
22 nominated or elected.
23 At the consolidated election, the ballot for school
24 district offices shall precede the ballot for community
25 college district offices, and thereafter the ballot order of
26 the political subdivision officers to be elected shall be as
27 determined by the election authority. In the case of school
28 districts other than community consolidated school districts,
29 the ballot for non-high school district offices shall precede
30 the ballot for high school district offices.
31 At the consolidated primary and at the consolidated
32 election, the ballot for nomination or election of municipal
33 officers shall precede the ballot for township officers. At
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1 the consolidated election, following the ballot for municipal
2 and township offices shall be the ballots for park district
3 and library district offices, following which shall be the
4 ballots for other political subdivision offices in the order
5 determined by the election authority.
6 The election authority, in determining the order of
7 ballot placement for offices of political subdivisions whose
8 ballot placement is not specified in this Section, shall give
9 due regard to the clarity of the ballot presentation to the
10 voters, cost and administrative ease, and the requirement to
11 provide separate ballot formats within precincts in which the
12 electors are not entitled to vote for the same offices or
13 propositions. At the request of a political subdivision
14 which extends into more than one election jurisdiction, the
15 election authority shall endeavor to coordinate placement and
16 color of the ballot for such subdivision with the other
17 election authorities responsible for preparing ballots for
18 such subdivision election. The election authority may
19 conduct a lottery to determine the order of ballot placement
20 of political subdivision ballots where such order is not
21 specified in this Section. Such lottery may be conducted
22 jointly by two or more election authorities.
23 (Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
24 revised 11-13-97.)
25 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
26 Sec. 17-23. Pollwatchers in a general election shall be
27 authorized in the following manner:
28 (1) Each established political party shall be entitled
29 to appoint two pollwatchers per precinct. Such pollwatchers
30 must be affiliated with the political party for which they
31 are pollwatching. For all elections, except as provided in
32 subsection (4), one pollwatcher must be registered to vote
33 from a residence in the county in which he is pollwatching.
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1 The second pollwatcher must be registered to vote from a
2 residence in the precinct or ward in which he is
3 pollwatching.
4 (2) Each candidate shall be entitled to appoint two
5 pollwatchers per precinct. For all elections, one
6 pollwatcher must be registered to vote from a residence in
7 the county in which he is pollwatching. The second
8 pollwatcher must be registered to vote from a residence in
9 the precinct or ward in which he is pollwatching.
10 (3) Each organization of citizens within the county or
11 political subdivision, which has among its purposes or
12 interests the investigation or prosecution of election
13 frauds, and which shall have registered its name and address
14 and the name and addresses of its principal officers with the
15 proper election authority at least 40 days before the
16 election, shall be entitled to appoint one pollwatcher per
17 precinct. For all elections, such pollwatcher must be
18 registered to vote from a residence in the county in which he
19 is pollwatching.
20 (4) In any general election held to elect candidates for
21 the offices of a municipality of less than 3,000,000
22 population that is situated in 2 or more counties, a
23 pollwatcher who is a resident of a county in which any part
24 of the municipality is situated shall be eligible to serve as
25 a pollwatcher in any poll located within such municipality,
26 provided that such pollwatcher otherwise complies with the
27 respective requirements of subsections (1) through (3) of
28 this Section and is a registered voter whose residence is
29 within the municipality.
30 (5) Each organized group of proponents or opponents of a
31 ballot proposition, which shall have registered the name and
32 address of its organization or committee and the name and
33 address of its chairman with the proper election authority at
34 least 40 days before the election, shall be entitled to
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1 appoint one pollwatcher per precinct. Such pollwatcher must
2 be registered to vote from a residence in the county in which
3 the ballot proposition is being voted upon.
4 All pollwatchers shall be required to have proper
5 credentials. Such credentials shall be printed in sufficient
6 quantities, shall be issued by and under the facsimile
7 signature(s) of the election authority and shall be available
8 for distribution at least 2 weeks prior to the election. Such
9 credentials shall be authorized by the real or facsimile
10 signature of the State or local party official or the
11 candidate or the presiding officer of the civic organization
12 or the chairman of the proponent or opponent group, as the
13 case may be.
14 Pollwatcher credentials shall be in substantially the
15 following form:
16 POLLWATCHER CREDENTIALS
17 TO THE JUDGES OF ELECTION:
18 In accordance with the provisions of the Election
19 Code, the undersigned hereby appoints .......... (name of
20 pollwatcher) who resides at ........... (address) in the
21 county of ..........., .......... (township or municipality)
22 of ........... (name), State of Illinois and who is duly
23 registered to vote from this address, to act as a
24 pollwatcher in the ........... precinct of the ...........
25 ward (if applicable) of the ........... (township or
26 municipality) of ........... at the ........... election to
27 be held on .........., 19.. (date).
28 ........................ (Signature of Appointing Authority)
29 ......................... TITLE (party official, candidate,
30 civic organization president,
31 proponent or opponent group chairman)
32 Under penalties provided by law pursuant to Section 29-10
33 of the Election Code, the undersigned pollwatcher certifies
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1 that he or she resides at ................ (address) in the
2 county of ............, ......... (township or municipality)
3 of ........... (name), State of Illinois, and is duly
4 registered to vote from that address.
5 .......................... .......................
6 (Precinct and/or Ward in (Signature of Pollwatcher)
7 Which Pollwatcher Resides)
8 Pollwatchers must present their credentials to the Judges
9 of Election upon entering the polling place. Pollwatcher
10 credentials properly executed and signed shall be proof of
11 the qualifications of the pollwatcher authorized thereby.
12 Such credentials are retained by the Judges and returned to
13 the Election Authority at the end of the day of election with
14 the other election materials. Once a pollwatcher has
15 surrendered a valid credential, he may leave and reenter the
16 polling place provided that such continuing action does not
17 disrupt the conduct of the election. Pollwatchers may be
18 substituted during the course of the day, but established
19 political parties, candidates and qualified civic
20 organizations can have only as many pollwatchers at any given
21 time as are authorized in this Article. A substitute must
22 present his signed credential to the judges of election upon
23 entering the polling place. Election authorities must
24 provide a sufficient number of credentials to allow for
25 substitution of pollwatchers. After the polls have closed
26 pollwatchers shall be allowed to remain until the canvass of
27 votes is completed; but may leave and reenter only in cases
28 of necessity, provided that such action is not so continuous
29 as to disrupt the canvass of votes.
30 Candidates seeking office in a district or municipality
31 encompassing 2 or more counties shall be admitted to any and
32 all polling places throughout such district or municipality
33 without regard to the counties in which such candidates are
34 registered to vote. Actions of such candidates shall be
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1 governed in each polling place by the same privileges and
2 limitations that apply to pollwatchers as provided in this
3 Section. Any such candidate who engages in an activity in a
4 polling place which could reasonably be construed by a
5 majority of the judges of election as campaign activity shall
6 be removed forthwith from such polling place.
7 Candidates seeking office in a district or municipality
8 encompassing 2 or more counties who desire to be admitted to
9 polling places on election day in such district or
10 municipality shall be required to have proper credentials.
11 Such credentials shall be printed in sufficient quantities,
12 shall be issued by and under the facsimile fascimile
13 signature of the election authority of the election
14 jurisdiction where the polling place in which the candidate
15 seeks admittance is located, and shall be available for
16 distribution at least 2 weeks prior to the election. Such
17 credentials shall be signed by the candidate.
18 Candidate credentials shall be in substantially the
19 following form:
20 CANDIDATE CREDENTIALS
21 TO THE JUDGES OF ELECTION:
22 In accordance with the provisions of the Election Code, I
23 ...... (name of candidate) hereby certify that I am a
24 candidate for ....... (name of office) and seek admittance to
25 ....... precinct of the ....... ward (if applicable) of the
26 ....... (township or municipality) of ....... at the .......
27 election to be held on ...., 19.... (date).
28 ......................... .......................
29 (Signature of Candidate) OFFICE FOR WHICH
30 CANDIDATE SEEKS
31 NOMINATION OR
32 ELECTION
33 Pollwatchers shall be permitted to observe all
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1 proceedings relating to the conduct of the election and to
2 station themselves in a position in the voting room as will
3 enable them to observe the judges making the signature
4 comparison between the voter application and the voter
5 registration record card; provided, however, that such
6 pollwatchers shall not be permitted to station themselves in
7 such close proximity to the judges of election so as to
8 interfere with the orderly conduct of the election and shall
9 not, in any event, be permitted to handle election materials.
10 Pollwatchers may challenge for cause the voting
11 qualifications of a person offering to vote and may call to
12 the attention of the judges of election any incorrect
13 procedure or apparent violations of this Code.
14 If a majority of the judges of election determine that
15 the polling place has become too overcrowded with
16 pollwatchers so as to interfere with the orderly conduct of
17 the election, the judges shall, by lot, limit such
18 pollwatchers to a reasonable number, except that each
19 established or new political party shall be permitted to have
20 at least one pollwatcher present.
21 Representatives of an election authority, with regard to
22 an election under its jurisdiction,; the State Board of
23 Elections, and law enforcement agencies, including but not
24 limited to a United States Attorney, a State's attorney, the
25 Attorney General, and a State, county, or local police
26 department, in the performance of their official election
27 duties, shall be permitted at all times to enter and remain
28 in the polling place. Upon entering the polling place, such
29 representatives shall display their official credentials or
30 other identification to the judges of election.
31 Uniformed police officers assigned to polling place duty
32 shall follow all lawful instructions of the judges of
33 election.
34 The provisions of this Section shall also apply to
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1 supervised casting of absentee ballots as provided in Section
2 19-12.2 of this Act.
3 (Source: P.A. 86-867; revised 8-7-97.)
4 (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
5 Sec. 20-13.1. Any person not covered by Sections 20-2,
6 20-2.1 or 20-2.2 of this Article who is registered to vote
7 but who is disqualified from voting because he moved outside
8 his election precinct during the 30 days preceding a
9 presidential election may make special application to the
10 election authority having jurisdiction over his precinct of
11 former residence by mail, not more than 30 nor less than 5
12 days before a Federal election, or in person in the office of
13 the election authority, not more than 30 nor less than 1 day
14 before a Federal election, for an absentee ballot to vote for
15 the president and vice-president only. Such application shall
16 be furnished by the election authority and shall be in
17 substantially the following form:
18 SPECIAL VOTER APPLICATION
19 (For use by registered Illinois voters disqualified for
20 having moved outside their precinct on or after the 30th day
21 preceding the election, to vote for president and
22 vice-president only.)
23 1. I hereby request a ballot to vote for president and
24 vice-president only on .......... (insert date of or general
25 election).
26 2. I am a citizen of the United States and my present
27 address is: .................... (Residence Number)
28 .......... (Street) ....................
29 (City/Village/Township) .......... (County) ..........
30 (State).
31 3. As of .......... (Month), .......... (Day),
32 .......... (Year) I was a registered voter at ..........
33 (Residence Number) .......... (Street) ....................
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1 (City/Village/Township).
2 4. I moved to my present address on .......... (Month)
3 .......... (Day) .......... (Year).
4 5. I have not registered to vote from nor have I
5 requested a ballot in any other election jurisdiction in this
6 State or in another State.
7 6. (If absentee request), I request that you mail the
8 ballot to the following address:
9 Print name and complete mailing address.
10 ........................................
11 ........................................
12 ........................................
13 Under the penalties as provided by law pursuant to
14 Article 29 of The Election Code, the undersigned certifies
15 that the statements set forth in this application are true
16 and correct.
17 ........................
18 (Signature of Applicant)
19 7. Subscribed and sworn to before me on ..........
20 (Month) .......... (Day) .......... (Year)
21 ........................
22 (Signature of Official
23 Administering Oath)
24 The procedures set forth in Sections 20-4 through 20-12
25 of this Article, insofar as they may be made applicable,
26 shall be applicable to absentee voting under this Section.
27 (Source: P.A. 81-953; revised 12-18-97.)
28 (10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
29 Sec. 23-6.1. Whenever an election contest for a municipal
30 trustee or alderman is brought involving ballots from the
31 same precincts which are subject to the jurisdiction of the
32 circuit court by virtue of the pendency of an election
33 contest for another office, the municipal council or board of
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1 trustees having jurisdiction of the municipal election
2 contest shall have priority of access and possession of the
3 ballots and other election materials for the purpose of
4 conducting a recount or other related proceedings for a
5 period of 30 days following the commencement of the municipal
6 election contest. The election authority shall notify the
7 court and the municipal council or board of the pendency
8 pendancy of all other contests relating to the same
9 precincts.
10 (Source: P.A. 81-1433; revised 7-21-97.)
11 Section 15. The Secretary of State Act is amended by
12 changing Section 11.1 as follows:
13 (15 ILCS 305/11.1)
14 Sec. 11.1. Acid free paper. The Secretary of State
15 shall develop guidelines for using of acid free paper for
16 permanent documents intended for archival storage.
17 (Source: P.A. 88-68; revised 12-18-97.)
18 Section 16. The State Library Act is amended by changing
19 Section 4 as follows:
20 (15 ILCS 320/4) (from Ch. 128, par. 104)
21 Sec. 4. Regional library districts. The counties of this
22 State shall be divided into 6 six regional library districts
23 as follows:
24 District 1 -- Jo Daviess, Stephenson Stevenson,
25 Winnebago, Boone, McHenry, Lake, Carroll, Ogle, DeKalb,
26 Whiteside, Lee, Rock Island, Henry, Bureau, LaSalle, Kendall,
27 Stark, Putnam, Marshall, Grundy.
28 District 2 -- Kane, Cook, DuPage, Will.
29 District 3 -- Kankakee, Livingston, Iroquois, McLean,
30 Ford, Vermilion, Champaign, DeWitt, Piatt, Macon, Christian,
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1 Shelby, Moultrie, Douglas, Edgar, Coles, Clark, Cumberland.
2 District 4 -- Mercer, Knox, Peoria, Woodford, Tazewell,
3 Fulton, Warren, Henderson, Hancock, McDonough, Adams,
4 Schuyler, Mason, Logan, Menard, Cass, Brown, Pike, Morgan,
5 Sangamon, Scott, Greene, Calhoun, Jersey.
6 District 5 -- Macoupin, Montgomery, Madison, Bond,
7 Fayette, Effingham, Jasper, Crawford, Lawrence, Richland,
8 Clay, Marion, Clinton, St. Clair, Monroe, Washington,
9 Jefferson, Perry, Randolph.
10 District 6 -- Jackson, Franklin, Wayne, Edwards, Wabash,
11 White, Hamilton, Gallatin, Saline, Williamson, Union,
12 Johnson, Pope, Hardin, Alexander, Pulaski, Massac.
13 (Source: P.A. 77-1690; revised 8-7-97.)
14 Section 17. The Deposit of State Moneys Act is amended
15 by changing Section 22.5 as follows:
16 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
17 Sec. 22.5. The State Treasurer may, with the approval of
18 the Governor, invest and reinvest any State money in the
19 treasury which is not needed for current expenditures due or
20 about to become due, in obligations of the United States
21 government or its agencies or of National Mortgage
22 Associations established by or under the National Housing
23 Act, 1201 U.S.C. 1701 et. seq., or in mortgage participation
24 certificates representing undivided interests in specified,
25 first-lien conventional residential Illinois mortgages that
26 are underwritten, insured, guaranteed, or purchased by the
27 Federal Home Loan Mortgage Corporation or in Affordable
28 Housing Program Trust Fund Bonds or Notes as defined in and
29 issued pursuant to the Illinois Housing Development Act. All
30 such obligations shall be considered as cash and may be
31 delivered over as cash by a State Treasurer to his successor.
32 The State Treasurer may, with the approval of the
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1 Governor, purchase any state bonds with any money in the
2 State Treasury that has been set aside and held for the
3 payment of the principal of and interest on the bonds. The
4 bonds shall be considered as cash and may be delivered over
5 as cash by the State Treasurer to his successor.
6 The State Treasurer may, with the approval of the
7 Governor, invest or reinvest any State money in the treasury
8 that is not needed for current expenditure due or about to
9 become due, or any money in the State Treasury that has been
10 set aside and held for the payment of the principal of and
11 the interest on any State bonds, in shares, withdrawable
12 accounts, and investment certificates of savings and building
13 and loan associations, incorporated under the laws of this
14 State or any other state or under the laws of the United
15 States; provided, however, that investments may be made only
16 in those savings and loan or building and loan associations
17 the shares and withdrawable accounts or other forms of
18 investment securities of which are insured by the Federal
19 Deposit Insurance Corporation.
20 The State Treasurer may not invest State money in any
21 savings and loan or building and loan association unless a
22 commitment by the savings and loan (or building and loan)
23 association, executed by the president or chief executive
24 officer of that association, is submitted in the following
25 form:
26 The .................. Savings and Loan (or Building
27 and Loan) Association pledges not to reject arbitrarily
28 mortgage loans for residential properties within any
29 specific part of the community served by the savings and
30 loan (or building and loan) association because of the
31 location of the property. The savings and loan (or
32 building and loan) association also pledges to make loans
33 available on low and moderate income residential property
34 throughout the community within the limits of its legal
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1 restrictions and prudent financial practices.
2 The State Treasurer may, with the approval of the
3 Governor, invest or reinvest, at a price not to exceed par,
4 any State money in the treasury that is not needed for
5 current expenditures due or about to become due, or any money
6 in the State Treasury that has been set aside and held for
7 the payment of the principal of and interest on any State
8 bonds, in bonds issued by counties or municipal corporations
9 of the State of Illinois.
10 The State Treasurer may, with the approval of the
11 Governor, invest or reinvest any State money in the Treasury
12 which is not needed for current expenditure, due or about to
13 become due, or any money in the State Treasury which has been
14 set aside and held for the payment of the principal of and
15 the interest on any State bonds, in participations in loans,
16 the principal of which participation is fully guaranteed by
17 an agency or instrumentality of the United States government;
18 provided, however, that such loan participations are
19 represented by certificates issued only by banks which are
20 incorporated under the laws of this State or any other state
21 or under the laws of the United States, and such banks, but
22 not the loan participation certificates, are insured by the
23 Federal Deposit Insurance Corporation.
24 The State Treasurer may, with the approval of the
25 Governor, invest or reinvest any State money in the Treasury
26 that is not needed for current expenditure, due or about to
27 become due, or any money in the State Treasury that has been
28 set aside and held for the payment of the principal of and
29 the interest on any State bonds, in any of the following:
30 (1) Bonds, notes, certificates of indebtedness,
31 Treasury bills, or other securities now or hereafter
32 issued that are guaranteed by the full faith and credit
33 of the United States of America as to principal and
34 interest.
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1 (2) Bonds, notes, debentures, or other similar
2 obligations of the United States of America, its
3 agencies, and instrumentalities.
4 (3) Interest-bearing savings accounts,
5 interest-bearing certificates of deposit,
6 interest-bearing time deposits, or any other investments
7 constituting direct obligations of any bank as defined by
8 the Illinois Banking Act.
9 (4) Interest-bearing accounts, certificates of
10 deposit, or any other investments constituting direct
11 obligations of any savings and loan associations
12 incorporated under the laws of this State or any other
13 state or under the laws of the United States.
14 (5) Dividend-bearing share accounts, share
15 certificate accounts, or class of share accounts of a
16 credit union chartered under the laws of this State or
17 the laws of the United States; provided, however, the
18 principal office of the credit union must be located
19 within the State of Illinois.
20 (6) Bankers' acceptances of banks whose senior
21 obligations are rated in the top 2 rating categories by 2
22 national rating agencies and maintain that rating during
23 the term of the investment.
24 (7) Short-term obligations of corporations
25 organized in the United States with assets exceeding
26 $500,000,000 if (i) the obligations are rated at the time
27 of purchase at one of the 3 highest classifications
28 established by at least 2 standard rating services and
29 mature not later than 180 days from the date of purchase,
30 (ii) the purchases do not exceed 10% of the corporation's
31 outstanding obligations, and (iii) no more than one-third
32 of the public agency's funds are invested in short-term
33 obligations of corporations.
34 (8) Money market mutual funds registered under the
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1 Investment Company Act of 1940, provided that the
2 portfolio of the money market mutual fund is limited to
3 obligations described in this Section and to agreements
4 to repurchase such obligations.
5 (9) The Public Treasurers' Investment Pool created
6 under Section 17 of the State Treasurer Act or in a fund
7 managed, operated, and administered by a bank.
8 (10) Repurchase agreements of government securities
9 having the meaning set out in the Government Securities
10 Act of 1986 subject to the provisions of that Act and the
11 regulations issued thereunder.
12 For purposes of this Section, "agencies" of the United
13 States Government includes:
14 (i) the federal land banks, federal intermediate
15 credit banks, banks for cooperatives, federal farm credit
16 banks, or any other entity authorized to issue debt
17 obligations under the Farm Credit Act of 1971 (12 U.S.C.
18 2001 et. seq.) and Acts amendatory thereto;
19 (ii) the federal home loan banks and the federal
20 home loan mortgage corporation;
21 (iii) the Commodity Credit Corporation; and
22 (iv) any other agency created by Act of Congress.
23 The Treasurer may, with the approval of the Governor,
24 lend any securities acquired under this Act. However,
25 securities may be lent under this Section only in accordance
26 with Federal Financial Institution Examination Council
27 guidelines and only if the securities are collateralized at a
28 level sufficient to assure the safety of the securities,
29 taking into account market value fluctuation. The securities
30 may be collateralized by cash or collateral acceptable under
31 Sections 11 and 11.1.
32 (Source: P.A. 87-331; 87-895; 87-1131; 88-45; 88-93; 88-640,
33 eff. 7-1-95; revised 6-27-97.)
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1 Section 18. The Alcoholism and Other Drug Abuse and
2 Dependency Act is amended by changing Section 30-5 as
3 follows:
4 (20 ILCS 301/30-5)
5 Sec. 30-5. Patients' rights established.
6 (a) For purposes of this Section, "patient" means any
7 person who is receiving or has received intervention,
8 treatment or aftercare services under this Act.
9 (b) No patient who is receiving or who has received
10 intervention, treatment or aftercare services under this Act
11 shall be deprived of any rights, benefits, or privileges
12 guaranteed by law, the Constitution of the United States of
13 America, or the Constitution of the State of Illinois solely
14 because of his status as a patient of a program.
15 (c) Persons who abuse or are dependent on alcohol or
16 other drugs who are also suffering from medical conditions
17 shall not be discriminated against in admission or treatment
18 by any hospital which receives support in any form from any
19 program supported in whole or in part by funds appropriated
20 to any State department or agency.
21 (d) Every patient shall have impartial access to
22 services without regard to race, religion, sex, ethnicity,
23 age or handicap.
24 (e) Patients shall be permitted the free exercise of
25 religion.
26 (f) Every patient's personal dignity shall be recognized
27 in the provision of services, and a patient's personal
28 privacy shall be assured and protected within the constraints
29 of his individual treatment plan.
30 (g) Treatment services shall be provided in the least
31 restrictive environment possible.
32 (h) Each patient shall be provided an individual
33 treatment plan, which shall be periodically reviewed and
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1 updated as necessary.
2 (i) Every patient shall be permitted to participate in
3 the planning of his total care and medical treatment to the
4 extent that his condition permits.
5 (j) A person shall not be denied treatment solely
6 because he has withdrawn from treatment against medical
7 advice on a prior occasion or because he has relapsed after
8 earlier treatment or, when in medical crisis, because of
9 inability to pay.
10 (k) The patient in treatment shall be permitted visits
11 by family and significant others, unless such visits are
12 clinically contraindicated.
13 (l) A patient in treatment shall be allowed to conduct
14 private telephone conversations with family and friends
15 unless clinically contraindicated.
16 (m) A patient shall be permitted to send and receive
17 mail without hindrance hinderance, unless clinically
18 contraindicated.
19 (n) A patient shall be permitted to manage his own
20 financial affairs unless he or his guardian, or if the
21 patient is a minor, his parent, authorizes another competent
22 person to do so.
23 (o) A patient shall be permitted to request the opinion
24 of a consultant at his own expense, or to request an in-house
25 review of a treatment plan, as provided in the specific
26 procedures of the provider. A treatment provider is not
27 liable for the negligence of any consultant.
28 (p) Unless otherwise prohibited by State or federal law,
29 every patient shall be permitted to obtain from his own
30 physician, the treatment provider or the treatment provider's
31 consulting physician complete and current information
32 concerning the nature of care, procedures and treatment which
33 he will receive.
34 (q) A patient shall be permitted to refuse to
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1 participate in any experimental research or medical procedure
2 without compromising his access to other, non-experimental
3 services. Before a patient is placed in an experimental
4 research or medical procedure, the provider must first obtain
5 his informed written consent or otherwise comply with the
6 federal requirements regarding the protection of human
7 subjects contained in 45 C.F.R. Part 46.
8 (r) All medical treatment and procedures shall be
9 administered as ordered by a physician. In order to assure
10 compliance by the treatment program with all physician
11 orders, all new physician orders shall be reviewed by the
12 treatment program's staff within a reasonable period of time
13 after such orders have been issued. "Medical treatment and
14 procedures" means those services that can be ordered only by
15 a physician licensed to practice medicine in all of its
16 branches in Illinois.
17 (s) Every patient shall be permitted to refuse medical
18 treatment and to know the consequences of such action. Such
19 refusal by a patient shall free the treatment program from
20 the obligation to provide the treatment.
21 (t) Unless otherwise prohibited by State or federal law,
22 every patient, patient's guardian, or parent, if the patient
23 is a minor, shall be permitted to inspect and copy all
24 clinical and other records kept by the treatment program or
25 by his physician concerning his care and maintenance. The
26 treatment program or physician may charge a reasonable fee
27 for the duplication of a record.
28 (u) No owner, licensee, administrator, employee or agent
29 of a treatment program shall abuse or neglect a patient. It
30 is the duty of any program employee or agent who becomes
31 aware of such abuse or neglect to report it to the Department
32 immediately.
33 (v) The administrator of a program may refuse access to
34 the program to any person if the actions of that person while
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1 in the program are or could be injurious to the health and
2 safety of a patient or the program, or if the person seeks
3 access to the program for commercial purposes.
4 (w) A patient may be discharged from a program after he
5 gives the administrator written notice of his desire to be
6 discharged or upon completion of his prescribed course of
7 treatment. No patient shall be discharged or transferred
8 without the preparation of a post-treatment aftercare plan by
9 the program.
10 (x) Patients and their families or legal guardians shall
11 have the right to present complaints concerning the quality
12 of care provided to the patient, without threat of discharge
13 or reprisal in any form or manner whatsoever. The treatment
14 provider shall have in place a mechanism for receiving and
15 responding to such complaints, and shall inform the patient
16 and his family or legal guardian of this mechanism and how to
17 use it. The provider shall analyze any complaint received
18 and, when indicated, take appropriate corrective action.
19 Every patient and his family member or legal guardian who
20 makes a complaint shall receive a timely response from the
21 provider which substantively addresses the complaint. The
22 provider shall inform the patient and his family or legal
23 guardian about other sources of assistance if the provider
24 has not resolved the complaint to the satisfaction of the
25 patient or his family or legal guardian.
26 (y) A resident may refuse to perform labor at a program
27 unless such labor is a part of his individual treatment
28 program as documented in his clinical record.
29 (z) A person who is in need of treatment may apply for
30 voluntary admission to a treatment program in the manner and
31 with the rights provided for under regulations promulgated by
32 the Department. If a person is refused admission to a
33 licensed treatment program, the staff of the program, subject
34 to rules promulgated by the Department, shall refer the
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1 person to another treatment or other appropriate program.
2 (aa) No patient shall be denied services based solely on
3 HIV status. Further, records and information governed by the
4 AIDS Confidentiality Act and the AIDS Confidentiality and
5 Testing Code (77 Ill. Adm. Code 697) shall be maintained in
6 accordance therewith.
7 (bb) Records of the identity, diagnosis, prognosis or
8 treatment of any patient maintained in connection with the
9 performance of any program or activity relating to alcohol or
10 other drug abuse or dependency education, early intervention,
11 intervention, training, treatment or rehabilitation which is
12 regulated, authorized, or directly or indirectly assisted by
13 any Department or agency of this State or under any provision
14 of this Act shall be confidential and may be disclosed only
15 in accordance with the provisions of federal law and
16 regulations concerning the confidentiality of alcohol and
17 drug abuse patient records as contained in 42 U.S.C. Sections
18 290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
19 (1) The following are exempt from the
20 confidentiality protections set forth in 42 C.F.R.
21 Section 2.12(c):
22 (A) Veteran's Administration records.
23 (B) Information obtained by the Armed Forces.
24 (C) Information given to qualified service
25 organizations.
26 (D) Communications within a program or between
27 a program and an entity having direct administrative
28 control over that program.
29 (E) Information given to law enforcement
30 personnel investigating a patient's commission of a
31 crime on the program premises or against program
32 personnel.
33 (F) Reports under State law of incidents of
34 suspected child abuse and neglect;, however,;
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1 confidentiality restrictions continue to apply to
2 the records and any follow-up information for
3 disclosure and use in civil or criminal proceedings
4 arising from the report of suspected abuse or
5 neglect.
6 (2) If the information is not exempt, a disclosure
7 can be made only under the following circumstances:
8 (A) With patient consent as set forth in 42
9 C.F.R. Sections 2.1(b)(1) and 2.31, and as
10 consistent with pertinent State law.
11 (B) For medical emergencies as set forth in 42
12 C.F.R. Sections 2.1(b)(2) and 2.51.
13 (C) For research activities as set forth in 42
14 C.F.R. Sections 2.1(b)(2) and 2.52.
15 (D) For audit evaluation activities as set
16 forth in 42 C.F.R. Section 2.53.
17 (E) With a court order as set forth in 42
18 C.F.R. Sections 2.61 through 2.67.
19 (3) The restrictions on disclosure and use of
20 patient information apply whether the holder of the
21 information already has it, has other means of obtaining
22 it, is a law enforcement or other official, has obtained
23 a subpoena, or asserts any other justification for a
24 disclosure or use which is not permitted by 42 C.F.R.
25 Part 2. Any court orders authorizing disclosure of
26 patient records under this Act must comply with the
27 procedures and criteria set forth in 42 C.F.R. Sections
28 2.64 and 2.65. Except as authorized by a court order
29 granted under this Section, no record referred to in this
30 Section may be used to initiate or substantiate any
31 charges against a patient or to conduct any investigation
32 of a patient.
33 (4) The prohibitions of this subsection shall apply
34 to records concerning any person who has been a patient,
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1 regardless of whether or when he ceases to be a patient.
2 (5) Any person who discloses the content of any
3 record referred to in this Section except as authorized
4 shall, upon conviction, be guilty of a Class A
5 misdemeanor.
6 (6) The Department shall prescribe regulations to
7 carry out the purposes of this subsection. These
8 regulations may contain such definitions, and may provide
9 for such safeguards and procedures, including procedures
10 and criteria for the issuance and scope of court orders,
11 as in the judgment of the Department are necessary or
12 proper to effectuate the purposes of this Section, to
13 prevent circumvention or evasion thereof, or to
14 facilitate compliance therewith.
15 (cc) Each patient shall be given a written explanation
16 of all the rights enumerated in this Section. If a patient
17 is unable to read such written explanation, it shall be read
18 to the patient in a language that the patient understands. A
19 copy of all the rights enumerated in this Section shall be
20 posted in a conspicuous place within the program where it may
21 readily be seen and read by program patients and visitors.
22 (dd) The program shall ensure that its staff is familiar
23 with and observes the rights and responsibilities enumerated
24 in this Section.
25 (Source: P.A. 88-80; revised 8-7-97.)
26 Section 19. The Civil Administrative Code of Illinois is
27 amended by changing Section 67.23 as follows:
28 (20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
29 Sec. 67.23. To administer the Statewide Form Management
30 Program and provisions of the Forms Notice Act "The Forms
31 Management Program Act", enacted by the Eightieth General
32 Assembly.
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1 (Source: P.A. 80-1338; revised 9-24-97.)
2 Section 20. The Personnel Code is amended by changing
3 Section 8b.7 as follows:
4 (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
5 Sec. 8b.7. Veteran preference. For the granting of
6 appropriate preference in entrance examinations to qualified
7 persons who have been members of the armed forces of the
8 United States or to qualified persons who, while citizens of
9 the United States, were members of the armed forces of allies
10 of the United States in time of hostilities with a foreign
11 country, and to certain other persons as set forth in this
12 Section.
13 (a) As used in this Section:
14 (1) "Time of hostilities with a foreign country"
15 means any period of time in the past, present, or future
16 during which a declaration of war by the United States
17 Congress has been or is in effect or during which an
18 emergency condition has been or is in effect that is
19 recognized by the issuance of a Presidential proclamation
20 or a Presidential executive order and in which the armed
21 forces expeditionary medal or other campaign service
22 medals are awarded according to Presidential executive
23 order.
24 (2) "Armed forces of the United States" means the
25 United States Army, Navy, Air Force, Marine Corps, and
26 Coast Guard. Service in the Merchant Marine that
27 constitutes active duty under Section 401 of federal
28 Public Law 95-202 shall also be considered service in the
29 Armed Forces of the United States for purposes of this
30 Section.
31 (b) The preference granted under this Section shall be
32 in the form of points added to the final grades of the
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1 persons if they otherwise qualify and are entitled to appear
2 on the list of those eligible for appointments.
3 (c) A veteran is qualified for a preference of 10 points
4 if the veteran currently holds proof of a service connected
5 disability from the United States Department of Veterans
6 Affairs or an allied country or if the veteran is a recipient
7 of the Purple Heart.
8 (d) A veteran who has served during a time of
9 hostilities with a foreign country is qualified for a
10 preference of 5 points if the veteran served under one or
11 more of the following conditions:
12 (1) The veteran served a total of at least 6
13 months, or
14 (2) The veteran served for the duration of
15 hostilities regardless of the length of engagement, or
16 (3) The veteran was discharged on the basis of
17 hardship, or
18 (4) The veteran was released from active duty
19 because of a service serve connected disability and was
20 discharged under honorable conditions.
21 (e) A person not eligible for a preference under
22 subsection (c) or (d) is qualified for a preference of 3
23 points if the person has served in the armed forces of the
24 United States, the Illinois National Guard, or any reserve
25 component of the armed forces of the United States if the
26 person: (1) served for at least 6 months and has been
27 discharged under honorable conditions or (2) has been
28 discharged on the ground of hardship or (3) was released from
29 active duty because of a service connected disability. An
30 active member of the National Guard or a reserve component of
31 the armed forces of the United States is eligible for the
32 preference if the member meets the service requirements of
33 this subsection (e).
34 (f) The rank order of persons entitled to a preference
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1 on eligible lists shall be determined on the basis of their
2 augmented ratings. When the Director establishes eligible
3 lists on the basis of category ratings such as "superior",
4 "excellent", "well-qualified", and "qualified", the veteran
5 eligibles in each such category shall be preferred for
6 appointment before the non-veteran eligibles in the same
7 category.
8 (g) Employees in positions covered by jurisdiction B
9 who, while in good standing, leave to engage in military
10 service during a period of hostility, shall be given credit
11 for seniority purposes for time served in the armed forces.
12 (h) A surviving unremarried spouse of a veteran who
13 suffered a service connected death or the spouse of a veteran
14 who suffered a service connected disability that prevents the
15 veteran from qualifying for civil service employment shall be
16 entitled to the same preference to which the veteran would
17 have been entitled under this Section.
18 (i) A preference shall also be given to the following
19 individuals: 10 points for one parent of an unmarried
20 veteran who suffered a service connected death or a service
21 connected disability that prevents the veteran from
22 qualifying for civil service employment. The first parent to
23 receive a civil service appointment shall be the parent
24 entitled to the preference.
25 (j) The Department of Central Management Services shall
26 adopt rules and implement procedures to verify that any
27 person seeking a preference under this Section is entitled to
28 the preference. A person seeking a preference under this
29 Section shall provide documentation or execute any consents
30 or other documents required by the Department of Central
31 Management Services or any other State department or agency
32 to enable the department or agency to verify that the person
33 is entitled to the preference.
34 (Source: P.A. 89-324, eff. 8-13-95; 89-626, eff. 8-9-96;
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1 revised 1-15-98.)
2 Section 21. The Children and Family Services Act is
3 amended by changing Sections 5, 17a-4, and 21 as follows:
4 (20 ILCS 505/5) (from Ch. 23, par. 5005)
5 Sec. 5. Direct child welfare services; Department of
6 Children and Family Services. To provide direct child welfare
7 services when not available through other public or private
8 child care or program facilities.
9 (a) For purposes of this Section:
10 (1) "Children" means persons found within the State
11 who are under the age of 18 years. The term also
12 includes persons under age 19 who:
13 (A) were committed to the Department pursuant
14 to the Juvenile Court Act or the Juvenile Court Act
15 of 1987, as amended, prior to the age of 18 and who
16 continue under the jurisdiction of the court; or
17 (B) were accepted for care, service and
18 training by the Department prior to the age of 18
19 and whose best interest in the discretion of the
20 Department would be served by continuing that care,
21 service and training because of severe emotional
22 disturbances, physical disability, social adjustment
23 or any combination thereof, or because of the need
24 to complete an educational or vocational training
25 program.
26 (2) "Homeless youth" means persons found within the
27 State who are under the age of 19, are not in a safe and
28 stable living situation and cannot be reunited with their
29 families.
30 (3) "Child welfare services" means public social
31 services which are directed toward the accomplishment of
32 the following purposes:
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1 (A) protecting and promoting the health,
2 safety and welfare of children, including homeless,
3 dependent or neglected children;
4 (B) remedying, or assisting in the solution of
5 problems which may result in, the neglect, abuse,
6 exploitation or delinquency of children;
7 (C) preventing the unnecessary separation of
8 children from their families by identifying family
9 problems, assisting families in resolving their
10 problems, and preventing the breakup of the family
11 where the prevention of child removal is desirable
12 and possible when the child can be cared for at home
13 without endangering the child's health and safety;
14 (D) restoring to their families children who
15 have been removed, by the provision of services to
16 the child and the families when the child can be
17 cared for at home without endangering the child's
18 health and safety;
19 (E) placing children in suitable adoptive
20 homes, in cases where restoration to the biological
21 family is not safe, possible or appropriate;
22 (F) assuring safe and adequate care of
23 children away from their homes, in cases where the
24 child cannot be returned home or cannot be placed
25 for adoption. At the time of placement, the
26 Department shall consider concurrent planning, as
27 described in subsection (l-1) of this Section so
28 that permanency may occur at the earliest
29 opportunity. Consideration should be given so that
30 if reunification fails or is delayed, the placement
31 made is the best available placement to provide
32 permanency for the child;
33 (G) (blank);
34 (H) (blank); and
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1 (I) placing and maintaining children in
2 facilities that provide separate living quarters for
3 children under the age of 18 and for children 18
4 years of age and older, unless a child 18 years of
5 age is in the last year of high school education or
6 vocational training, in an approved individual or
7 group treatment program, or in a licensed shelter
8 facility. The Department is not required to place or
9 maintain children:
10 (i) who are in a foster home, or
11 (ii) who are persons with a developmental
12 disability, as defined in the Mental Health and
13 Developmental Disabilities Code, or
14 (iii) who are female children who are
15 pregnant, pregnant and parenting or parenting,
16 or
17 (iv) who are siblings,
18 in facilities that provide separate living quarters
19 for children 18 years of age and older and for
20 children under 18 years of age.
21 (b) Nothing in this Section shall be construed to
22 authorize the expenditure of public funds for the purpose of
23 performing abortions.
24 (c) The Department shall establish and maintain
25 tax-supported child welfare services and extend and seek to
26 improve voluntary services throughout the State, to the end
27 that services and care shall be available on an equal basis
28 throughout the State to children requiring such services.
29 (d) The Director may authorize advance disbursements for
30 any new program initiative to any agency contracting with the
31 Department. As a prerequisite for an advance disbursement,
32 the contractor must post a surety bond in the amount of the
33 advance disbursement and have a purchase of service contract
34 approved by the Department. The Department may pay up to 2
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1 months operational expenses in advance. The amount of the
2 advance disbursement shall be prorated over the life of the
3 contract or the remaining months of the fiscal year,
4 whichever is less, and the installment amount shall then be
5 deducted from future bills. Advance disbursement
6 authorizations for new initiatives shall not be made to any
7 agency after that agency has operated during 2 consecutive
8 fiscal years. The requirements of this Section concerning
9 advance disbursements shall not apply with respect to the
10 following: payments to local public agencies for child day
11 care services as authorized by Section 5a of this Act; and
12 youth service programs receiving grant funds under Section
13 17a-4.
14 (e) (Blank).
15 (f) (Blank).
16 (g) The Department shall establish rules and regulations
17 concerning its operation of programs designed to meet the
18 goals of child safety and protection, family preservation,
19 family reunification, and adoption, including but not limited
20 to:
21 (1) adoption;
22 (2) foster care;
23 (3) family counseling;
24 (4) protective services;
25 (5) (blank);
26 (6) homemaker service;
27 (7) return of runaway children;
28 (8) (blank);
29 (9) placement under Section 5-7 of the Juvenile
30 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
31 Juvenile Court Act of 1987 in accordance with the federal
32 Adoption Assistance and Child Welfare Act of 1980; and
33 (10) interstate services.
34 Rules and regulations established by the Department shall
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1 include provisions for training Department staff and the
2 staff of Department grantees, through contracts with other
3 agencies or resources, in alcohol and drug abuse screening
4 techniques to identify children and adults who should be
5 referred to an alcohol and drug abuse treatment program for
6 professional evaluation.
7 (h) If the Department finds that there is no appropriate
8 program or facility within or available to the Department for
9 a ward and that no licensed private facility has an adequate
10 and appropriate program or none agrees to accept the ward,
11 the Department shall create an appropriate individualized,
12 program-oriented plan for such ward. The plan may be
13 developed within the Department or through purchase of
14 services by the Department to the extent that it is within
15 its statutory authority to do.
16 (i) Service programs shall be available throughout the
17 State and shall include but not be limited to the following
18 services:
19 (1) case management;
20 (2) homemakers;
21 (3) counseling;
22 (4) parent education;
23 (5) day care; and
24 (6) emergency assistance and advocacy.
25 In addition, the following services may be made available
26 to assess and meet the needs of children and families:
27 (1) comprehensive family-based services;
28 (2) assessments;
29 (3) respite care; and
30 (4) in-home health services.
31 The Department shall provide transportation for any of
32 the services it makes available to children or families or
33 for which it refers children or families.
34 (j) The Department may provide categories of financial
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1 assistance and education assistance grants, and shall
2 establish rules and regulations concerning the assistance and
3 grants, to persons who adopt physically or mentally
4 handicapped, older and other hard-to-place children who
5 immediately prior to their adoption were legal wards of the
6 Department. The Department may also provide categories of
7 financial assistance and education assistance grants, and
8 shall establish rules and regulations for the assistance and
9 grants, to persons appointed guardian of the person under
10 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
11 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
12 who were wards of the Department for 12 months immediately
13 prior to the appointment of the successor guardian and for
14 whom the Department has set a goal of permanent family
15 placement with a foster family.
16 The amount of assistance may vary, depending upon the
17 needs of the child and the adoptive parents, as set forth in
18 the annual assistance agreement. Special purpose grants are
19 allowed where the child requires special service but such
20 costs may not exceed the amounts which similar services would
21 cost the Department if it were to provide or secure them as
22 guardian of the child.
23 Any financial assistance provided under this subsection
24 is inalienable by assignment, sale, execution, attachment,
25 garnishment, or any other remedy for recovery or collection
26 of a judgment or debt.
27 (k) The Department shall accept for care and training
28 any child who has been adjudicated neglected or abused, or
29 dependent committed to it pursuant to the Juvenile Court Act
30 or the Juvenile Court Act of 1987.
31 (l) Before July 1, 2000, the Department may provide, and
32 beginning July 1, 2000, the Department shall provide, family
33 preservation services, as determined to be appropriate and in
34 the child's best interests and when the child will be safe
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1 and not be in imminent risk of harm, to any family whose
2 child has been placed in substitute care, any persons who
3 have adopted a child and require post-adoption services, or
4 any persons whose child or children are at risk of being
5 placed outside their home as documented by an "indicated"
6 report of suspected child abuse or neglect determined
7 pursuant to the Abused and Neglected Child Reporting Act.
8 Nothing in this paragraph shall be construed to create a
9 private right of action or claim on the part of any
10 individual or child welfare agency.
11 The Department shall notify the child and his family of
12 the Department's responsibility to offer and provide family
13 preservation services as identified in the service plan. The
14 child and his family shall be eligible for services as soon
15 as the report is determined to be "indicated". The
16 Department may offer services to any child or family with
17 respect to whom a report of suspected child abuse or neglect
18 has been filed, prior to concluding its investigation under
19 Section 7.12 of the Abused and Neglected Child Reporting Act.
20 However, the child's or family's willingness to accept
21 services shall not be considered in the investigation. The
22 Department may also provide services to any child or family
23 who is the subject of any report of suspected child abuse or
24 neglect or may refer such child or family to services
25 available from other agencies in the community, even if the
26 report is determined to be unfounded, if the conditions in
27 the child's or family's home are reasonably likely to subject
28 the child or family to future reports of suspected child
29 abuse or neglect. Acceptance of such services shall be
30 voluntary.
31 The Department may, at its discretion except for those
32 children also adjudicated neglected or dependent, accept for
33 care and training any child who has been adjudicated
34 addicted, as a truant minor in need of supervision or as a
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1 minor requiring authoritative intervention, under the
2 Juvenile Court Act or the Juvenile Court Act of 1987, but no
3 such child shall be committed to the Department by any court
4 without the approval of the Department. A minor charged with
5 a criminal offense under the Criminal Code of 1961 or
6 adjudicated delinquent shall not be placed in the custody of
7 or committed to the Department by any court, except a minor
8 less than 13 years of age committed to the Department under
9 Section 5-23 of the Juvenile Court Act of 1987.
10 (l-1) The legislature recognizes that the best interests
11 of the child require that the child be placed in the most
12 permanent living arrangement as soon as is practically
13 possible. To achieve this goal, the legislature directs the
14 Department of Children and Family Services to conduct
15 concurrent planning so that permanency may occur at the
16 earliest opportunity. Permanent living arrangements may
17 include prevention of placement of a child outside the home
18 of the family when the child can be cared for at home without
19 endangering the child's health or safety; reunification with
20 the family, when safe and appropriate, if temporary placement
21 is necessary; or movement of the child toward the most
22 permanent living arrangement and permanent legal status.
23 When a child is placed in foster care, the Department
24 shall ensure and document that reasonable efforts were made
25 to prevent or eliminate the need to remove the child from the
26 child's home. The Department must make reasonable efforts to
27 reunify the family when temporary placement of the child
28 occurs or must request a finding from the court that
29 reasonable efforts are not appropriate or have been
30 unsuccessful. At any time after the dispositional hearing
31 where the Department believes that further reunification
32 services would be ineffective, it may request a finding from
33 the court that reasonable efforts are no longer appropriate.
34 The Department is not required to provide further
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1 reunification services after such a finding.
2 A decision to place a child in substitute care shall be
3 made with considerations of the child's health, safety, and
4 best interests. At the time of placement, consideration
5 should also be given so that if reunification fails or is
6 delayed, the placement made is the best available placement
7 to provide permanency for the child.
8 The Department shall adopt rules addressing concurrent
9 planning for reunification and permanency. The Department
10 shall consider the following factors when determining
11 appropriateness of concurrent planning:
12 (1) the likelihood of prompt reunification;
13 (2) the past history of the family;
14 (3) the barriers to reunification being addressed
15 by the family;
16 (4) the level of cooperation of the family;
17 (5) the foster parents' willingness to work with
18 the family to reunite;
19 (6) the willingness and ability of the foster
20 family to provide an adoptive home or long-term
21 placement;
22 (7) the age of the child;
23 (8) placement of siblings.
24 (m) The Department may assume temporary custody of any
25 child if:
26 (1) it has received a written consent to such
27 temporary custody signed by the parents of the child or
28 by the parent having custody of the child if the parents
29 are not living together or by the guardian or custodian
30 of the child if the child is not in the custody of either
31 parent, or
32 (2) the child is found in the State and neither a
33 parent, guardian nor custodian of the child can be
34 located.
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1 If the child is found in his or her residence without a
2 parent, guardian, custodian or responsible caretaker, the
3 Department may, instead of removing the child and assuming
4 temporary custody, place an authorized representative of the
5 Department in that residence until such time as a parent,
6 guardian or custodian enters the home and expresses a
7 willingness and apparent ability to ensure the child's health
8 and safety and resume permanent charge of the child, or until
9 a relative enters the home and is willing and able to ensure
10 the child's health and safety and assume charge of the child
11 until a parent, guardian or custodian enters the home and
12 expresses such willingness and ability to ensure the child's
13 safety and resume permanent charge. After a caretaker has
14 remained in the home for a period not to exceed 12 hours, the
15 Department must follow those procedures outlined in Section
16 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
17 The Department shall have the authority, responsibilities
18 and duties that a legal custodian of the child would have
19 pursuant to subsection (9) of Section 1-3 of the Juvenile
20 Court Act of 1987. Whenever a child is taken into temporary
21 custody pursuant to an investigation under the Abused and
22 Neglected Child Reporting Act, or pursuant to a referral and
23 acceptance under the Juvenile Court Act of 1987 of a minor in
24 limited custody, the Department, during the period of
25 temporary custody and before the child is brought before a
26 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
27 of the Juvenile Court Act of 1987, shall have the authority,
28 responsibilities and duties that a legal custodian of the
29 child would have under subsection (9) of Section 1-3 of the
30 Juvenile Court Act of 1987.
31 The Department shall ensure that any child taken into
32 custody is scheduled for an appointment for a medical
33 examination.
34 A parent, guardian or custodian of a child in the
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1 temporary custody of the Department who would have custody of
2 the child if he were not in the temporary custody of the
3 Department may deliver to the Department a signed request
4 that the Department surrender the temporary custody of the
5 child. The Department may retain temporary custody of the
6 child for 10 days after the receipt of the request, during
7 which period the Department may cause to be filed a petition
8 pursuant to the Juvenile Court Act of 1987. If a petition is
9 so filed, the Department shall retain temporary custody of
10 the child until the court orders otherwise. If a petition is
11 not filed within the 10 day period, the child shall be
12 surrendered to the custody of the requesting parent, guardian
13 or custodian not later than the expiration of the 10 day
14 period, at which time the authority and duties of the
15 Department with respect to the temporary custody of the child
16 shall terminate.
17 (n) The Department may place children under 18 years of
18 age in licensed child care facilities when in the opinion of
19 the Department, appropriate services aimed at family
20 preservation have been unsuccessful and cannot ensure the
21 child's health and safety or are unavailable and such
22 placement would be for their best interest. Payment for
23 board, clothing, care, training and supervision of any child
24 placed in a licensed child care facility may be made by the
25 Department, by the parents or guardians of the estates of
26 those children, or by both the Department and the parents or
27 guardians, except that no payments shall be made by the
28 Department for any child placed in a licensed child care
29 facility for board, clothing, care, training and supervision
30 of such a child that exceed the average per capita cost of
31 maintaining and of caring for a child in institutions for
32 dependent or neglected children operated by the Department.
33 However, such restriction on payments does not apply in cases
34 where children require specialized care and treatment for
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1 problems of severe emotional disturbance, physical
2 disability, social adjustment, or any combination thereof and
3 suitable facilities for the placement of such children are
4 not available at payment rates within the limitations set
5 forth in this Section. All reimbursements for services
6 delivered shall be absolutely inalienable by assignment,
7 sale, attachment, garnishment or otherwise.
8 (o) The Department shall establish an administrative
9 review and appeal process for children and families who
10 request or receive child welfare services from the
11 Department. Children who are wards of the Department and are
12 placed by private child welfare agencies, and foster families
13 with whom those children are placed, shall be afforded the
14 same procedural and appeal rights as children and families in
15 the case of placement by the Department, including the right
16 to an initial review of a private agency decision by that
17 agency. The Department shall insure that any private child
18 welfare agency, which accepts wards of the Department for
19 placement, affords those rights to children and foster
20 families. The Department shall accept for administrative
21 review and an appeal hearing a complaint made by a child or
22 foster family concerning a decision following an initial
23 review by a private child welfare agency. An appeal of a
24 decision concerning a change in the placement of a child
25 shall be conducted in an expedited manner.
26 (p) There is hereby created the Department of Children
27 and Family Services Emergency Assistance Fund from which the
28 Department may provide special financial assistance to
29 families which are in economic crisis when such assistance is
30 not available through other public or private sources and the
31 assistance is deemed necessary to prevent dissolution of the
32 family unit or to reunite families which have been separated
33 due to child abuse and neglect. The Department shall
34 establish administrative rules specifying the criteria for
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1 determining eligibility for and the amount and nature of
2 assistance to be provided. The Department may also enter
3 into written agreements with private and public social
4 service agencies to provide emergency financial services to
5 families referred by the Department. Special financial
6 assistance payments shall be available to a family no more
7 than once during each fiscal year and the total payments to a
8 family may not exceed $500 during a fiscal year.
9 (q) The Department may receive and use, in their
10 entirety, for the benefit of children any gift, donation or
11 bequest of money or other property which is received on
12 behalf of such children, or any financial benefits to which
13 such children are or may become entitled while under the
14 jurisdiction or care of the Department.
15 The Department shall set up and administer no-cost,
16 interest-bearing savings accounts in appropriate financial
17 institutions ("individual accounts") for children for whom
18 the Department is legally responsible and who have been
19 determined eligible for Veterans' Benefits, Social Security
20 benefits, assistance allotments from the armed forces, court
21 ordered payments, parental voluntary payments, Supplemental
22 Security Income, Railroad Retirement payments, Black Lung
23 benefits, or other miscellaneous payments. Interest earned
24 by each individual account shall be credited to the account,
25 unless disbursed in accordance with this subsection.
26 In disbursing funds from children's individual accounts,
27 the Department shall:
28 (1) Establish standards in accordance with State
29 and federal laws for disbursing money from children's
30 individual accounts. In all circumstances, the
31 Department's "Guardianship Administrator" or his or her
32 designee must approve disbursements from children's
33 individual accounts. The Department shall be responsible
34 for keeping complete records of all disbursements for
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1 each individual account for any purpose.
2 (2) Calculate on a monthly basis the amounts paid
3 from State funds for the child's board and care, medical
4 care not covered under Medicaid, and social services; and
5 utilize funds from the child's individual account, as
6 covered by regulation, to reimburse those costs.
7 Monthly, disbursements from all children's individual
8 accounts, up to 1/12 of $13,000,000, shall be deposited
9 by the Department into the General Revenue Fund and the
10 balance over 1/12 of $13,000,000 into the DCFS Children's
11 Services Fund.
12 (3) Maintain any balance remaining after
13 reimbursing for the child's costs of care, as specified
14 in item (2). The balance shall accumulate in accordance
15 with relevant State and federal laws and shall be
16 disbursed to the child or his or her guardian, or to the
17 issuing agency.
18 (r) The Department shall promulgate regulations
19 encouraging all adoption agencies to voluntarily forward to
20 the Department or its agent names and addresses of all
21 persons who have applied for and have been approved for
22 adoption of a hard-to-place or handicapped child and the
23 names of such children who have not been placed for adoption.
24 A list of such names and addresses shall be maintained by the
25 Department or its agent, and coded lists which maintain the
26 confidentiality of the person seeking to adopt the child and
27 of the child shall be made available, without charge, to
28 every adoption agency in the State to assist the agencies in
29 placing such children for adoption. The Department may
30 delegate to an agent its duty to maintain and make available
31 such lists. The Department shall ensure that such agent
32 maintains the confidentiality of the person seeking to adopt
33 the child and of the child.
34 (s) The Department of Children and Family Services may
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1 establish and implement a program to reimburse Department and
2 private child welfare agency foster parents licensed by the
3 Department of Children and Family Services for damages
4 sustained by the foster parents as a result of the malicious
5 or negligent acts of foster children, as well as providing
6 third party coverage for such foster parents with regard to
7 actions of foster children to other individuals. Such
8 coverage will be secondary to the foster parent liability
9 insurance policy, if applicable. The program shall be funded
10 through appropriations from the General Revenue Fund,
11 specifically designated for such purposes.
12 (t) The Department shall perform home studies and
13 investigations and shall exercise supervision over visitation
14 as ordered by a court pursuant to the Illinois Marriage and
15 Dissolution of Marriage Act or the Adoption Act only if:
16 (1) an order entered by an Illinois court
17 specifically directs the Department to perform such
18 services; and
19 (2) the court has ordered one or both of the
20 parties to the proceeding to reimburse the Department for
21 its reasonable costs for providing such services in
22 accordance with Department rules, or has determined that
23 neither party is financially able to pay.
24 The Department shall provide written notification to the
25 court of the specific arrangements for supervised visitation
26 and projected monthly costs within 60 days of the court
27 order. The Department shall send to the court information
28 related to the costs incurred except in cases where the court
29 has determined the parties are financially unable to pay. The
30 court may order additional periodic reports as appropriate.
31 (u) Whenever the Department places a child in a licensed
32 foster home, group home, child care institution, or in a
33 relative home, the Department shall provide to the caretaker:
34 (1) available detailed information concerning the
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1 child's educational and health history, copies of
2 immunization records (including insurance and medical
3 card information), a history of the child's previous
4 placements, if any, and reasons for placement changes
5 excluding any information that identifies or reveals the
6 location of any previous caretaker;
7 (2) a copy of the child's portion of the client
8 service plan, including any visitation arrangement, and
9 all amendments or revisions to it as related to the
10 child; and
11 (3) information containing details of the child's
12 individualized educational plan when the child is
13 receiving special education services.
14 The caretaker shall be informed of any known social or
15 behavioral information (including, but not limited to,
16 criminal background, fire setting, perpetuation of sexual
17 abuse, destructive behavior, and substance abuse) necessary
18 to care for and safeguard the child.
19 (u-5) Effective July 1, 1995, only foster care
20 placements licensed as foster family homes pursuant to the
21 Child Care Act of 1969 shall be eligible to receive foster
22 care payments from the Department. Relative caregivers who,
23 as of July 1, 1995, were approved pursuant to approved
24 relative placement rules previously promulgated by the
25 Department at 89 Ill. Adm. Code 335 and had submitted an
26 application for licensure as a foster family home may
27 continue to receive foster care payments only until the
28 Department determines that they may be licensed as a foster
29 family home or that their application for licensure is denied
30 or until September 30, 1995, whichever occurs first.
31 (v) The Department shall access criminal history record
32 information as defined in the Illinois Uniform Conviction
33 Information Act and information maintained in the
34 adjudicatory and dispositional record system as defined in
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1 subdivision (A)19 of Section 55a of the Civil Administrative
2 Code of Illinois if the Department determines the information
3 is necessary to perform its duties under the Abused and
4 Neglected Child Reporting Act, the Child Care Act of 1969,
5 and the Children and Family Services Act. The Department
6 shall provide for interactive computerized communication and
7 processing equipment that permits direct on-line
8 communication with the Department of State Police's central
9 criminal history data repository. The Department shall
10 comply with all certification requirements and provide
11 certified operators who have been trained by personnel from
12 the Department of State Police. In addition, one Office of
13 the Inspector General investigator shall have training in the
14 use of the criminal history information access system and
15 have access to the terminal. The Department of Children and
16 Family Services and its employees shall abide by rules and
17 regulations established by the Department of State Police
18 relating to the access and dissemination of this information.
19 (w) Within 120 days of August 20, 1995 (the effective
20 date of Public Act 89-392), the Department shall prepare and
21 submit to the Governor and the General Assembly, a written
22 plan for the development of in-state licensed secure child
23 care facilities that care for children who are in need of
24 secure living arrangements for their health, safety, and
25 well-being. For purposes of this subsection, secure care
26 facility shall mean a facility that is designed and operated
27 to ensure that all entrances and exits from the facility, a
28 building or a distinct part of the building, are under the
29 exclusive control of the staff of the facility, whether or
30 not the child has the freedom of movement within the
31 perimeter of the facility, building, or distinct part of the
32 building. The plan shall include descriptions of the types
33 of facilities that are needed in Illinois; the cost of
34 developing these secure care facilities; the estimated number
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1 of placements; the potential cost savings resulting from the
2 movement of children currently out-of-state who are projected
3 to be returned to Illinois; the necessary geographic
4 distribution of these facilities in Illinois; and a proposed
5 timetable for development of such facilities.
6 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
7 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
8 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
9 revised 10-20-97.)
10 (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)
11 Sec. 17a-4. Grants for community-based youth services;
12 Department of Human Services.
13 (a) The Department of Human Services shall make grants
14 for the purpose of planning, establishing, operating,
15 coordinating and evaluating programs aimed at reducing or
16 eliminating the involvement of youth in the child welfare or
17 juvenile justice systems. The programs shall include those
18 providing for more comprehensive and integrated
19 community-based youth services including Unified Delinquency
20 Intervention Services programs and for community services
21 programs. The Department may authorize advance disbursement
22 of funds for such youth services programs. When the
23 appropriation for "comprehensive community-based service to
24 youth" is equal to or exceeds $5,000,000, the Department
25 shall allocate the total amount of such appropriated funds in
26 the following manner:
27 (1) no more than 20% of the grant funds
28 appropriated shall be awarded by the Department for new
29 program development and innovation;
30 (2) not less than 80% of grant funds appropriated
31 shall be allocated to community-based 92community-based
32 youth services programs based upon population of youth
33 under 18 018 years of age and other demographic variables
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1 defined by the Department of Human Services by rule,
2 which may include weighting for service priorities
3 relating to special needs identified in the annual plans
4 of the regional youth planning committees established
5 under this Act;
6 (3) if any amount so allocated under paragraph (2)
7 of this subsection (a) remains unobligated such funds
8 shall be reallocated in a manner equitable and consistent
9 with the purpose of paragraph (2) of this subsection (a);
10 and
11 (4) the local boards or local service systems shall
12 certify prior to receipt of grant funds from the
13 Department of Human Services that a 10% local public or
14 private financial or in-kind commitment is allocated to
15 supplement the State grant.
16 (b) Notwithstanding any provision in this Act or rules
17 promulgated under this Act to the contrary, unless expressly
18 prohibited by federal law or regulation, all individuals,
19 corporations, or other entities that provide medical or
20 mental health services, whether organized as for-profit or
21 not-for-profit entities, shall be eligible for consideration
22 by the Department of Human Services to participate in any
23 program funded or administered by the Department. This
24 subsection shall not apply to the receipt of federal funds
25 administered and transferred by the Department for services
26 when the federal government has specifically provided that
27 those funds may be received only by those entities organized
28 as not-for-profit entities.
29 (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
30 revised 3-10-97.)
31 (20 ILCS 505/21) (from Ch. 23, par. 5021)
32 Sec. 21. (a) To make such investigations as it may deem
33 necessary to the performance of its duties.
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1 (b) In the course of any such investigation any
2 qualified person authorized by the Director may administer
3 oaths and secure by its subpoena both the attendance and
4 testimony of witnesses and the production of books and papers
5 relevant to such investigation. Any person who is served with
6 a subpoena by the Department to appear and testify or to
7 produce books and papers, in the course of an investigation
8 authorized by law, and who refuses or neglects to appear, or
9 to testify, or to produce books and papers relevant to such
10 investigation, as commanded in such subpoena, shall be guilty
11 of a Class B misdemeanor. The fees of witnesses for
12 attendance and travel shall be the same as the fees of
13 witnesses before the circuit courts of this State. Any
14 circuit court of this State, upon application of the
15 Department, may compel the attendance of witnesses, the
16 production of books and papers, and giving of testimony
17 before the Department or before any authorized officer or
18 employee thereof, by an attachment for contempt or otherwise,
19 in the same manner as production of evidence may be compelled
20 before such court. Every person who, having taken an oath or
21 made affirmation before the Department or any authorized
22 officer or employee thereof, shall willfully swear or affirm
23 falsely, shall be guilty of perjury and upon conviction shall
24 be punished accordingly.
25 (c) Investigations initiated under this Section shall
26 provide individuals due process of law, including the right
27 to a hearing, to cross-examine witnesses, to obtain relevant
28 documents, and to present evidence. Administrative findings
29 shall be subject to the provisions of the Administrative
30 Review Law.
31 (d) Beginning July 1, 1988, any child protective
32 investigator or supervisor or child welfare specialist or
33 supervisor employed by the Department on the effective date
34 of this amendatory Act of 1987 shall have completed a
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1 training program which shall be instituted by the Department.
2 The training program shall include, but not be limited to,
3 the following: (1) training in the detection of symptoms of
4 child neglect and drug abuse; (2) specialized training for
5 dealing with families and children of drug abusers; and (3)
6 specific training in child development, family dynamics and
7 interview techniques. Such program shall conform to the
8 criteria and curriculum developed under Section 4 of the
9 Child Protective Investigator and Child Welfare Specialist
10 Certification Act of 1987. Failure to complete such training
11 due to lack of opportunity provided by the Department shall
12 in no way be grounds for any disciplinary or other action
13 against an investigator or a specialist.
14 The Department shall develop a continuous inservice staff
15 development program and evaluation system. Each child
16 protective investigator and supervisor and child welfare
17 specialist and supervisor shall participate in such program
18 and evaluation and shall complete a minimum of 20 hours of
19 inservice education and training every 2 years in order to
20 maintain certification.
21 Any child protective investigator or child protective
22 supervisor, or child welfare specialist or child welfare
23 specialist supervisor hired by the Department who begins his
24 actual employment after the effective date of this amendatory
25 Act of 1987, shall be certified pursuant to the Child
26 Protective Investigator and Child Welfare Specialist
27 Certification Act of 1987 before he begins such employment.
28 Nothing in this Act shall replace or diminish the rights of
29 employees under the Illinois Public Labor Relations Act, as
30 amended, or the National Labor Relations Act. In the event of
31 any conflict between either of those Acts, or any collective
32 bargaining agreement negotiated thereunder, and the
33 provisions of subsections (d) and (e), the former shall
34 prevail and control.
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1 (e) The Department shall develop and implement the
2 following:
3 (1) A standardized standarized child endangerment
4 risk assessment protocol.
5 (2) Related training procedures.
6 (3) A standardized standarized method for
7 demonstration of proficiency in application of the
8 protocol.
9 (4) An evaluation of the reliability and validity
10 of the protocol.
11 All child protective investigators and supervisors and child
12 welfare specialists and supervisors employed by the
13 Department or its contractors shall be required, subsequent
14 to the availability of training under this Act, to
15 demonstrate proficiency in application of the protocol
16 previous to being permitted to make decisions about the
17 degree of risk posed to children for whom they are
18 responsible. The Department shall establish a
19 multi-disciplinary advisory committee composed of not more
20 than 15 members appointed by the Director, including but not
21 limited to representatives from the fields of child
22 development, domestic violence, family systems, juvenile
23 justice, law enforcement, health care, mental health,
24 substance abuse, and social service to advise the Department
25 and its related contractors in the development and
26 implementation of the child endangerment risk assessment
27 protocol, related training, method for demonstration of
28 proficiency in application of the protocol, and evaluation of
29 the reliability and validity of the protocol. The Department
30 shall develop the protocol, training curriculum, method for
31 demonstration of proficiency in application of the protocol
32 and method for evaluation of the reliability and validity of
33 the protocol by July 1, 1995. Training and demonstration of
34 proficiency in application of the child endangerment risk
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1 assessment protocol for all child protective investigators
2 and supervisors and child welfare specialists and supervisors
3 shall be completed as soon as practicable, but no later than
4 January 1, 1996. The Department shall submit to the General
5 Assembly on or before May 1, 1996, and every year thereafter,
6 an annual report on the evaluation of the reliability and
7 validity of the child endangerment risk assessment protocol.
8 The Department shall contract with a not for profit
9 organization with demonstrated expertise in the field of
10 child endangerment risk assessment to assist in the
11 development and implementation of the child endangerment risk
12 assessment protocol, related training, method for
13 demonstration of proficiency in application of the protocol,
14 and evaluation of the reliability and validity of the
15 protocol.
16 (Source: P.A. 88-614, eff. 9-7-94; revised 7-21-97.)
17 Section 22. The Civil Administrative Code of Illinois is
18 amended by changing Sections 46.6c and 46.19j as follows:
19 (20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
20 Sec. 46.6c. The Department may, subject to
21 appropriation, provide contractual funding from the Tourism
22 Promotion Fund for the administrative costs of not-for-profit
23 regional tourism development organizations that assist the
24 Department in developing tourism throughout a multi-county
25 geographical area designated by the Department. Regional
26 tourism development organizations receiving funds under this
27 Section may be required by the Department to submit to audits
28 of contracts awarded by the Department to determine whether
29 the regional tourism development organization has performed
30 all contractual obligations under those contracts. Every
31 employee of a regional tourism development organization
32 receiving funds under this Section shall disclose to its
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1 governing board and to the Department any economic interest
2 that employee may have in any entity with which the regional
3 tourism development organization has contracted with or to
4 which the regional tourism development organization has
5 granted funds.
6 (Source: P.A. 90-26, eff. 7-1-97; revised 1-7-98.)
7 (20 ILCS 605/46.19j)
8 Sec. 46.19j. Job Training and Economic Development
9 Demonstration Grant Program.
10 (a) Legislative findings. The General Assembly finds
11 that:
12 (1) despite the large number of unemployed job
13 seekers, many employers are having difficulty matching
14 the skills they require with the skills of workers; a
15 similar problem exists in industries where overall
16 employment may not be expanding but there is an acute
17 need for skilled workers in particular occupations;
18 (2) the State of Illinois should foster local
19 economic development by linking the job training of
20 unemployed disadvantaged citizens with the workforce
21 needs of local business and industry; and
22 (3) employers often need assistance in developing
23 training resources that will provide work opportunities
24 for disadvantaged populations.
25 (b) Definitions. As used in this Act:
26 "Community based provider" means a not-for-profit
27 organization, with local boards of directors, that directly
28 provides job training services.
29 "Disadvantaged persons" has the same meaning as the term
30 is defined in Title II-A of the federal Job Training
31 Partnership Act.
32 "Training partners" means a community-based provider and
33 one or more employers who have established training and
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1 placement linkages.
2 (c) From funds appropriated for that purpose, the
3 Department of Commerce and Community Affairs shall administer
4 a Job Training and Economic Development Demonstration Grant
5 Program. The Director shall make not less than 12 and not
6 more than 20 demonstration project grants to community-based
7 providers. The grants shall be made to support the
8 following:
9 (1) partnerships between community-based providers
10 and employers for the customized training of existing
11 low-skilled, low-wage employees and newly hired
12 disadvantaged persons; and
13 (2) partnerships between community-based providers
14 and employers to develop training programs that would
15 link the work force needs of local industry with the job
16 training of unemployed disadvantaged persons.
17 (d) For projects created under paragraph (1) of
18 subsection (c) (b):
19 (1) the Department shall give a priority to
20 projects that include an in-kind match by an employer in
21 partnership with a community-based provider and projects
22 that use instructional materials and training instructors
23 directly used in the specific industry sector of the
24 partnership employer; and
25 (2) the partnership employer must be an active
26 participant in the curriculum development, employ under
27 250 workers, and train primarily disadvantaged
28 populations.
29 (e) For projects created under paragraph (2) of
30 subsection (c) (b):
31 (1) community based organizations shall assess the
32 employment barriers and needs of local residents and work
33 in partnership with local economic development
34 organizations to identify the priority workforce needs of
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1 the local industry;
2 (2) training partners, that is, community-based
3 organizations and employers, shall work together to
4 design programs with maximum benefits to local
5 disadvantaged persons and local employers;
6 (3) employers must be involved in identifying
7 specific skill-training needs, planning curriculum,
8 assisting in training activities, providing job
9 opportunities, and coordinating job retention for people
10 hired after training through this program and follow-up
11 support; and
12 (4) the community-based organizations shall serve
13 disadvantaged persons, including welfare recipients.
14 (f) The Department shall adopt rules for the grant
15 program and shall create a competitive application procedure
16 for those grants to be awarded beginning in fiscal year 1998.
17 (Source: P.A. 90-474, eff. 1-1-98; revised 1-7-98.)
18 Section 23. The Business Assistance and Regulatory
19 Reform Act is amended by changing Section 15 as follows:
20 (20 ILCS 608/15)
21 Sec. 15. Providing Information and Expediting Permit
22 Reviews.
23 (a) The office shall provide an information system using
24 a toll-free business assistance number. The number shall be
25 advertised throughout the State. If requested, the caller
26 will be sent a basic business kit, describing the basic
27 requirements and procedures for doing business in Illinois.
28 If requested, the caller shall be directed to one or more of
29 the additional services provided by the office. All persons
30 providing advice to callers on behalf of the office and all
31 persons responsible for directly providing services to
32 persons visiting the office or one of its branches shall be
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1 persons with small business experience in an administrative
2 or managerial capacity.
3 (b) (Blank).
4 (c) Any applicant for permits required for a business
5 activity may confer with the office to obtain assistance in
6 the prompt and efficient processing and review of
7 applications. The office may designate an employee of the
8 office to act as a permit assistance manager to:
9 (1) facilitate contacts for the applicant with
10 responsible agencies;
11 (2) arrange conferences to clarify the requirements
12 of interested agencies;
13 (3) consider with State agencies the feasibility of
14 consolidating hearings and data required of the
15 applicant;
16 (4) assist the applicant in resolution of
17 outstanding issues identified by State agencies; and
18 (5) coordinate federal, State and local regulatory
19 procedures and permit review actions to the extent
20 possible.
21 (d) The office shall publish a directory of State
22 business permits and State programs to assist small
23 businesses.
24 (e) The office shall attempt to establish agreements
25 with local governments to allow the office to provide
26 assistance to applicants for permits required by these local
27 governments.
28 (f) Interested State agencies shall, to the maximum
29 extent feasible, establish procedures to expedite
30 applications for infrastructure projects. Applications for
31 permits for infrastructure projects shall be approved or
32 disapproved within 45 days of submission, unless law or
33 regulations specify a different period. If the interested
34 agency is unable to act within that period, the agency shall
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1 provide a written notification to the office specifying
2 reasons for its inability to act and the date by which
3 approval or disapproval shall be determined. The office may
4 require any interested State agency to designate an employee
5 who will coordinate the handling of permits in that area.
6 (g) In addition to its responsibilities in connection
7 with permit assistance, the office shall provide general
8 regulatory information by directing businesses to appropriate
9 officers in State agencies to supply the information
10 requested.
11 (h) The office shall help businesses to locate and apply
12 to training programs available to train current employees in
13 particular skills, techniques or areas of knowledge relevant
14 to the employees' present or anticipated job duties. In
15 pursuit of this objective, the office shall provide
16 businesses with pertinent information about training programs
17 offered by State agencies, units of local government, public
18 universities and colleges, community colleges, and school
19 districts in Illinois.
20 (i) The office shall help businesses to locate and apply
21 to State programs offering to businesses grants, loans, loan
22 or bond guarantees, investment partnerships, technology or
23 productivity consultation, or other forms of business
24 assistance.
25 (j) To the extent authorized by federal law, the office
26 shall assist businesses in ascertaining and complying with
27 the requirements of the federal Americans with Disabilities
28 Act.
29 (k) The office shall provide confidential on-site
30 assistance in identifying problems and solutions in
31 compliance with requirements of the federal Occupational
32 Safety and Health Administration and other State and federal
33 environmental regulations. The office shall work through and
34 contract with the Waste Management and Research Center to
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1 provide confidential on-site consultation audits that (i)
2 assist regulatory compliance and (ii) identify pollution
3 prevention opportunities.
4 (l) The office shall provide information on existing
5 loan and business assistance programs provided by the State.
6 (m) Each State agency having jurisdiction to approve or
7 deny a permit shall have the continuing power heretofore or
8 hereafter vested in it to make such determinations. The
9 provisions of this Act shall not lessen or reduce such powers
10 and shall modify the procedures followed in carrying out such
11 powers only to the extent provided in this Act.
12 (n) (1) Each State agency shall fully cooperate with the
13 office in providing information, documentation, personnel or
14 facilities requested by the office.
15 (2) Each State agency having jurisdiction of any permit
16 to which the master application procedure is applicable shall
17 designate an employee to act as permit liaison office with
18 the office in carrying out the provisions of this Act.
19 (o) (1) The office has authority, but is not required,
20 to keep and analyze appropriate statistical data regarding
21 the number of permits issued by State agencies, the amount of
22 time necessary for the permits to be issued, the cost of
23 obtaining such permits, the types of projects for which
24 specific permits are issued, a geographic distribution of
25 permits, and other pertinent data the office deems
26 appropriate.
27 The office shall make such data and any analysis of the
28 data available to the public.
29 (2) The office has authority, but is not required, to
30 conduct or cause to be conducted a thorough review of any
31 agency's permit requirements and the need by the State to
32 require such permits. The office shall draw on the review,
33 on its direct experience, and on its statistical analyses to
34 prepare recommendations regarding how to:
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1 (i) eliminate unnecessary or antiquated permit
2 requirements;
3 (ii) consolidate duplicative or overlapping permit
4 requirements;
5 (iii) simplify overly complex or lengthy
6 application procedures;
7 (iv) expedite time-consuming agency review and
8 approval procedures; or
9 (v) otherwise improve the permitting processes in
10 the State.
11 The office shall submit copies of all recommendations
12 within 5 days of issuance to the affected agency, the
13 Governor, the General Assembly, and the Joint Committee on
14 Administrative Rules.
15 (p) The office has authority to review State forms on
16 its own initiative or upon the request of another State
17 agency to ascertain the burden, if any, of complying with
18 those forms. If the office determines that a form is unduly
19 burdensome to business, it may recommend to the agency
20 issuing the form either that the form be eliminated or that
21 specific changes be made in the form.
22 (q) Not later than March 1 of each year, beginning March
23 1, 1995, the office shall submit an annual report of its
24 activities during the preceding year to the Governor and
25 General Assembly. The report shall describe the activities
26 of the office during the preceding year and shall contain
27 statistical information on the permit assistance activities
28 of the office.
29 (Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97;
30 revised 11-13-97.)
31 Section 24. The Illinois Promotion Act is amended by
32 changing Section 4a as follows:
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1 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
2 Sec. 4a. Funds.
3 (1) As soon as possible after the first day of each
4 month, beginning July 1, 1978 and ending June 30, 1997, upon
5 certification of the Department of Revenue, the Comptroller
6 shall order transferred and the Treasurer shall transfer from
7 the General Revenue Fund to a special fund in the State
8 Treasury, to be known as the "Tourism Promotion Fund", an
9 amount equal to 10% of the net revenue realized from "The
10 Hotel Operators' Occupation Tax Act", as now or hereafter
11 amended, plus an amount equal to 10% of the net revenue
12 realized from any tax imposed under Section 4.05 of the
13 Chicago World's Fair - 1992 Authority Act, as now or
14 hereafter amended, during the preceding month. Net revenue
15 realized for a month shall be the revenue collected by the
16 State pursuant to that Act during the previous month less the
17 amount paid out during that same month as refunds to
18 taxpayers for overpayment of liability under that Act.
19 All moneys deposited in the Tourism Promotion Fund
20 pursuant to this subsection are allocated to the Department
21 for utilization, as appropriated, in the performance of its
22 powers under Section 4.
23 As soon as possible after the first day of each month,
24 beginning July 1, 1997, upon certification of the Department
25 of Revenue, the Comptroller shall order transferred and the
26 Treasurer shall transfer from the General Revenue Fund to the
27 Tourism Promotion Fund an amount equal to 13% of the net
28 revenue realized from the Hotel Operators' Occupation Tax Act
29 plus an amount equal to 13% of the net revenue realized from
30 any tax imposed under Section 4.05 of the Chicago World's
31 Fair-1992 Authority Act during the preceding month. "Net
32 revenue realized for a month" means the revenue collected by
33 the State under that Act during the previous month less the
34 amount paid out during that same month as refunds to
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1 taxpayers for overpayment of liability under that Act.
2 (1.1) (Blank).
3 (2) (Blank). As soon as possible after the first day of
4 each month, beginning July 1, 1997, upon certification of the
5 Department of Revenue, the Comptroller shall order
6 transferred and the Treasurer shall transfer from the General
7 Revenue Fund to the Tourism Promotion Fund an amount equal to
8 8% of the net revenue realized from the Hotel Operators'
9 Occupation Tax plus an amount equal to 8% of the net revenue
10 realized from any tax imposed under Section 4.05 of the
11 Chicago World's Fair-1992 Authority Act during the preceding
12 month. "Net revenue realized for a month" means the revenue
13 collected by the State under that Act during the previous
14 month less the amount paid out during that same month as
15 refunds to taxpayers for overpayment of liability under that
16 Act.
17 All monies deposited in the Tourism Promotion Fund under
18 this subsection (2) shall be used solely as provided in this
19 subsection to advertise and promote tourism throughout
20 Illinois. Appropriations of monies deposited in the Tourism
21 Promotion Fund pursuant to this subsection (2) shall be used
22 solely for advertising to promote tourism, including but not
23 limited to advertising production and direct advertisement
24 costs, but shall not be used to employ any additional staff,
25 finance any individual event, or lease, rent or purchase any
26 physical facilities. The Department shall coordinate its
27 advertising under this subsection (2) with other public and
28 private entities in the State engaged in similar promotion
29 activities. Print or electronic media production made
30 pursuant to this subsection (2) for advertising promotion
31 shall not contain or include the physical appearance of or
32 reference to the name or position of any public officer.
33 "Public officer" means a person who is elected to office
34 pursuant to statute, or who is appointed to an office which
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1 is established, and the qualifications and duties of which
2 are prescribed, by statute, to discharge a public duty for
3 the State or any of its political subdivisions.
4 (3) Subject to appropriation, moneys shall be
5 transferred from the Tourism Promotion Fund into the Grape
6 and Wine Resources Fund pursuant to Article XII of the Liquor
7 Control Act of 1934 and shall be used by the Department in
8 accordance with the provisions of that Article.
9 (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; revised
10 7-31-97.)
11 Section 25. The Civil Administrative Code of Illinois is
12 amended by changing Section 63a21.1 as follows:
13 (20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
14 Sec. 63a21.1. Fees. To assess appropriate and reasonable
15 fees for the use of concession type facilities as well as
16 other facilities and sites under the jurisdiction of the
17 Department of Natural Resources. The Department may
18 regulate, by rule, the fees to be charged. The income
19 collected shall be deposited in the State Parks Park Fund or
20 Wildlife and Fish Fund depending on the classification of the
21 State managed facility involved.
22 (Source: P.A. 88-91; 89-445, eff. 2-7-96; revised 3-28-97.)
23 Section 26. The Energy Conservation and Coal Development
24 Act is amended by changing Section 16 as follows:
25 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
26 (Section scheduled to be repealed on July 1, 1998)
27 Sec. 16. Battery Task Force.
28 (a) Within the Department is created a Battery Task
29 Force to be comprised of (i) the Director of the Department
30 who shall serve as chair of the Task Force; (ii) the Director
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1 of the Environmental Protection Agency; (iii) the Director
2 of the Waste Management and Research Center; and (iv) 15
3 persons who shall be appointed by the Director of the
4 Department, including 2 persons representing an environmental
5 organization, 2 persons representing the battery cell
6 industry, 2 persons representing the rechargeable powered
7 tool/device industry, 3 representatives from local government
8 with residential recycling programs (including one from a
9 municipality with more than a million people), one person
10 representing the retail industry, one person representing a
11 consumer group, 2 persons representing the waste management
12 industry, one person representing a recycling firm, and one
13 person representing a citizens' group active in local solid
14 waste issues.
15 (b) The Task Force shall prepare a report of its
16 findings and recommendations and shall present the report to
17 the Governor and the General Assembly on or before April 1,
18 1993. Among other things, the Task Force shall evaluate:
19 (1) collection, storage, and processing systems for
20 the recycling and proper management of common household
21 batteries and rechargeable battery products generated by
22 consumers, businesses, institutions, and governmental
23 units;
24 (2) public education programs that promote waste
25 reduction, reuse, and recycling strategies for household
26 batteries;
27 (3) disposal bans on specific household batteries
28 or rechargeable battery products;
29 (4) management options for rechargeable tools and
30 appliances;
31 (5) technical and financial assistance programs for
32 local governments;
33 (6) guidelines and regulations for the storage,
34 transportation, and disposal of household batteries;
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1 (7) labeling requirements for household batteries
2 and battery packaging;
3 (8) metal content limits and sale restrictions for
4 carbon-zinc, nickel-cadmium, and button batteries;
5 (9) market development options for materials
6 recovered from household batteries;
7 (10) industry waste reduction developments,
8 including substitution of longer-life, rechargeable and
9 recyclable batteries, substitution of alternative
10 products which do not require batteries, increased use of
11 power-source adapters, and use of replaceable batteries
12 in battery-powered appliances; and
13 (11) the feasibility of reverse distribution of
14 batteries.
15 The Task Force shall review, evaluate, and compare
16 existing battery management and collection systems and
17 studies including those used from other states, the European
18 Community, and other major industrial nations. The Task Force
19 shall consult with manufacturers and the public to determine
20 the most cost effective and efficient means for battery
21 management.
22 This Section is repealed July 1, 1998.
23 (Source: P.A. 90-372, eff. 7-1-98; 90-490, eff. 8-17-97;
24 revised 11-17-97.)
25 Section 27. The Energy Conservation Act is amended by
26 changing Section 3 as follows:
27 (20 ILCS 1115/3) (from Ch. 96 1/2, par. 7603)
28 Sec. 3. Definitions. As used in this Act:
29 "HVAC" means a system that provides comfort, heating or
30 air-conditioning within or associated with a building.
31 "Lighting efficiency standards" means practices or
32 regulations which would conserve the energy needed to light
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1 new public buildings.
2 "Thermal efficiency standards" means regulations or
3 practices which would conserve energy by affecting the
4 exterior envelope physical characteristics, HVAC system
5 selection and configuration, HVAC system performance and
6 service water heating design and equipment selection for all
7 new and renovated buildings.
8 "Unit of local government" means a county, municipality,
9 township, special district, school district, and a unit
10 designated as a unit of local government by law, which
11 exercises limited governmental power or powers in respect to
12 limited governmental subjects.
13 (Source: P.A. 81-357; revised 12-18-97.)
14 Section 28. The Mental Health and Developmental
15 Disabilities Administrative Act is amended by setting forth
16 and renumbering multiple versions of Section 69 as follows:
17 (20 ILCS 1705/69)
18 Sec. 69. Joint planning by the Department of Human
19 Services and the Department of Children and Family Services.
20 The purpose of this Section is to mandate that joint planning
21 occur between the Department of Children and Family Services
22 and the Department of Human Services to ensure that the 2
23 agencies coordinate their activities and effectively work
24 together to provide wards with developmental disabilities for
25 whom the Department of Children and Family Services is
26 legally responsible a smooth transition to adult living upon
27 reaching the age of 21. The Department of Children and
28 Family Services and the Department of Human Services shall
29 execute an interagency agreement by January 1, 1998 that
30 outlines the terms of the coordination process. The
31 Departments shall consult with private providers of services
32 to children in formulating the interagency agreement.
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1 (Source: P.A. 90-512, eff. 8-22-97.)
2 (20 ILCS 1705/70)
3 Sec. 70. 69. Monitoring by closed circuit television.
4 The Department of Human Services as successor to the
5 Department of Mental Health and Developmental Disabilities
6 may install closed circuit televisions in quiet rooms in
7 institutions supervised or operated by the Department to
8 monitor patients in those quiet rooms. Nothing in this
9 Section shall be construed to supersede or interfere with any
10 current provisions in the Mental Health and Developmental
11 Disabilities Code concerning the observation and monitoring
12 of patients.
13 (Source: P.A. 90-444, eff. 8-16-97; revised 11-19-97.)
14 Section 29. The Illinois Health Finance Reform Act is
15 amended by changing Section 4-4 as follows:
16 (20 ILCS 2215/4-4) (from Ch. 111 1/2, par. 6504-4)
17 Sec. 4-4. (a) Hospitals shall make available to
18 prospective patients information on the normal charge
19 incurred for any procedure or operation the prospective
20 patient is considering.
21 (b) The Council shall require hospitals to post in
22 letters no more than one inch in height the established
23 charges for services, where applicable, including but not
24 limited to, the hospital's hospitals private room charge,
25 semi-private room charge, charge for a room rooms with 3 or
26 more beds charge, intensive care room charges, emergency room
27 charge, operating room charge, electrocardiogram
28 electrocardiagram charge, anesthesia charge, chest x-ray
29 charge, blood sugar charge, blood chemistry charge, tissue
30 exam charge, blood typing charge and Rh factor charge. The
31 definitions of each charge to be posted shall be determined
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1 by the Council.
2 (Source: P.A. 84-325; revised 8-7-97.)
3 Section 30. The Civil Administrative Code of Illinois is
4 amended by setting forth and renumbering multiple versions of
5 Sections 55.84 and 55.85 as follows:
6 (20 ILCS 2310/55.84)
7 Sec. 55.84. Breast feeding; public information campaign.
8 The Department of Public Health may conduct an information
9 campaign for the general public to promote breast feeding of
10 infants by their mothers. The Department may include the
11 information in a brochure prepared under Section 55.64 or in
12 a brochure that shares other information with the general
13 public and is distributed free of charge. If the Department
14 includes the information required under this Section in a
15 brochure authorized or required under another provision of
16 law, the Department may continue to use existing stocks of
17 that brochure before adding the information required under
18 this Section but shall add that information in the next
19 printing of the brochure. The information required under
20 this Section may be distributed to the parents or legal
21 custodians of each newborn upon discharge of the infant from
22 a hospital or other health care facility.
23 (Source: P.A. 90-244, eff. 1-1-98.)
24 (20 ILCS 2310/55.85)
25 Sec. 55.85. Grants from the Mental Health Research Fund.
26 From funds appropriated from the Mental Health Research Fund,
27 the Department of Human Services shall award grants to
28 organizations in Illinois, for the purpose of research of
29 mental illness.
30 (Source: P.A. 90-171, eff. 7-23-97.)
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1 (20 ILCS 2310/55.87)
2 Sec. 55.87. 55.84. Advisory committee concerning
3 construction of facilities. The Director of Public Health
4 shall appoint an advisory committee which committee shall be
5 established by the Department by rule. The Director and the
6 Department shall consult with the advisory committee
7 concerning the application of building codes and Department
8 rules related to those building codes to facilities under the
9 Ambulatory Surgical Treatment Center Act, the Nursing Home
10 Care Act, and the Hospital Licensing Act.
11 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
12 (20 ILCS 2310/55.88)
13 Sec. 55.88. 55.85. Facility construction training
14 program. The Department shall conduct, at least annually, a
15 joint in-service training program for architects, engineers,
16 interior designers, and other persons involved in the
17 construction of a facility under the Ambulatory Surgical
18 Treatment Center Act, the Nursing Home Care Act, or the
19 Hospital Licensing Act on problems and issues relating to the
20 construction of facilities under any of those Acts.
21 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
22 Section 31. The Domestic Abuse of Disabled Adults
23 Intervention Act is amended by changing Section 45 as
24 follows:
25 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
26 Sec. 45. Consent.
27 (a) If the Domestic Abuse Project has received a report
28 of alleged or suspected abuse, neglect, or exploitation with
29 regard to an adult disabled person who lacks the capacity to
30 consent to an assessment or to services, the Domestic Abuse
31 Project may seek, directly or through another agency, the
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1 appointment of a temporary or permanent guardian as provided
2 in Article XIa of the Probate Act of 1975 or other relief as
3 provided under the Illinois Domestic Violence Act of 1986.
4 (b) A guardian of the person of an adult disabled person
5 who is abused, neglected, or exploited by another individual
6 in a domestic living situation may consent to an assessment
7 or to services being provided pursuant to the service plan.
8 If the guardian is alleged to be the perpetrator of the
9 abuse, neglect, or exploitation, the Domestic Abuse Project
10 shall seek the appointment of a temporary guardian pursuant
11 to Section 213.3 231.3 of the Illinois Domestic Violence Act
12 of 1986. If a guardian withdraws his consent or refuses to
13 allow an assessment or services to be provided to the adult,
14 the Domestic Abuse Project may request an order of protection
15 under the Illinois Domestic Violence Act of 1986 seeking
16 appropriate remedies, and may in addition request removal of
17 the guardian and appointment of a successor guardian.
18 (c) For the purposes of this Section only, "lacks the
19 capacity to consent" shall mean that the adult disabled
20 person reasonably appears to be unable by reason of physical
21 or mental condition to receive and evaluate information
22 related to the assessment or services, or to communicate
23 decisions related to the assessment or services in the
24 manner in which the person communicates.
25 (Source: P.A. 87-658; revised 12-18-97.)
26 Section 32. The Civil Administrative Code of Illinois is
27 amended by changing Section 55a as follows:
28 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
29 Sec. 55a. Powers and duties.
30 (A) The Department of State Police shall have the
31 following powers and duties, and those set forth in Sections
32 55a-1 through 55c:
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1 1. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the State
3 Police Act.
4 2. To exercise the rights, powers and duties which have
5 been vested in the Department of Public Safety by the State
6 Police Radio Act.
7 3. To exercise the rights, powers and duties which have
8 been vested in the Department of Public Safety by the
9 Criminal Identification Act.
10 4. To (a) investigate the origins, activities, personnel
11 and incidents of crime and the ways and means to redress the
12 victims of crimes, and study the impact, if any, of
13 legislation relative to the effusion of crime and growing
14 crime rates, and enforce the criminal laws of this State
15 related thereto, (b) enforce all laws regulating the
16 production, sale, prescribing, manufacturing, administering,
17 transporting, having in possession, dispensing, delivering,
18 distributing, or use of controlled substances and cannabis,
19 (c) employ skilled experts, scientists, technicians,
20 investigators or otherwise specially qualified persons to aid
21 in preventing or detecting crime, apprehending criminals, or
22 preparing and presenting evidence of violations of the
23 criminal laws of the State, (d) cooperate with the police of
24 cities, villages and incorporated towns, and with the police
25 officers of any county, in enforcing the laws of the State
26 and in making arrests and recovering property, (e) apprehend
27 and deliver up any person charged in this State or any other
28 State of the United States with treason, felony, or other
29 crime, who has fled from justice and is found in this State,
30 and (f) conduct such other investigations as may be provided
31 by law. Persons exercising these powers within the Department
32 are conservators of the peace and as such have all the powers
33 possessed by policemen in cities and sheriffs, except that
34 they may exercise such powers anywhere in the State in
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1 cooperation with and after contact with the local law
2 enforcement officials. Such persons may use false or
3 fictitious names in the performance of their duties under
4 this paragraph, upon approval of the Director, and shall not
5 be subject to prosecution under the criminal laws for such
6 use.
7 5. To: (a) be a central repository and custodian of
8 criminal statistics for the State, (b) be a central
9 repository for criminal history record information, (c)
10 procure and file for record such information as is necessary
11 and helpful to plan programs of crime prevention, law
12 enforcement and criminal justice, (d) procure and file for
13 record such copies of fingerprints, as may be required by
14 law, (e) establish general and field crime laboratories, (f)
15 register and file for record such information as may be
16 required by law for the issuance of firearm owner's
17 identification cards, (g) employ polygraph operators,
18 laboratory technicians and other specially qualified persons
19 to aid in the identification of criminal activity, and (h)
20 undertake such other identification, information, laboratory,
21 statistical or registration activities as may be required by
22 law.
23 6. To (a) acquire and operate one or more radio
24 broadcasting stations in the State to be used for police
25 purposes, (b) operate a statewide communications network to
26 gather and disseminate information for law enforcement
27 agencies, (c) operate an electronic data processing and
28 computer center for the storage and retrieval of data
29 pertaining to criminal activity, and (d) undertake such other
30 communication activities as may be required by law.
31 7. To provide, as may be required by law, assistance to
32 local law enforcement agencies through (a) training,
33 management and consultant services for local law enforcement
34 agencies, and (b) the pursuit of research and the publication
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1 of studies pertaining to local law enforcement activities.
2 8. To exercise the rights, powers and duties which have
3 been vested in the Department of State Police and the
4 Director of the Department of State Police by the Narcotic
5 Control Division Abolition Act.
6 9. To exercise the rights, powers and duties which have
7 been vested in the Department of Public Safety by the
8 Illinois Vehicle Code.
9 10. To exercise the rights, powers and duties which have
10 been vested in the Department of Public Safety by the Firearm
11 Owners Identification Card Act.
12 11. To enforce and administer such other laws in
13 relation to law enforcement as may be vested in the
14 Department.
15 12. To transfer jurisdiction of any realty title to
16 which is held by the State of Illinois under the control of
17 the Department to any other department of the State
18 government or to the State Employees Housing Commission, or
19 to acquire or accept Federal land, when such transfer,
20 acquisition or acceptance is advantageous to the State and is
21 approved in writing by the Governor.
22 13. With the written approval of the Governor, to enter
23 into agreements with other departments created by this Act,
24 for the furlough of inmates of the penitentiary to such other
25 departments for their use in research programs being
26 conducted by them.
27 For the purpose of participating in such research
28 projects, the Department may extend the limits of any
29 inmate's place of confinement, when there is reasonable cause
30 to believe that the inmate will honor his or her trust by
31 authorizing the inmate, under prescribed conditions, to leave
32 the confines of the place unaccompanied by a custodial agent
33 of the Department. The Department shall make rules governing
34 the transfer of the inmate to the requesting other department
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1 having the approved research project, and the return of such
2 inmate to the unextended confines of the penitentiary. Such
3 transfer shall be made only with the consent of the inmate.
4 The willful failure of a prisoner to remain within the
5 extended limits of his or her confinement or to return within
6 the time or manner prescribed to the place of confinement
7 designated by the Department in granting such extension shall
8 be deemed an escape from custody of the Department and
9 punishable as provided in Section 3-6-4 of the Unified Code
10 of Corrections.
11 14. To provide investigative services, with all of the
12 powers possessed by policemen in cities and sheriffs, in and
13 around all race tracks subject to the Horse Racing Act of
14 1975.
15 15. To expend such sums as the Director deems necessary
16 from Contractual Services appropriations for the Division of
17 Criminal Investigation for the purchase of evidence and for
18 the employment of persons to obtain evidence. Such sums shall
19 be advanced to agents authorized by the Director to expend
20 funds, on vouchers signed by the Director.
21 16. To assist victims and witnesses in gang crime
22 prosecutions through the administration of funds appropriated
23 from the Gang Violence Victims and Witnesses Fund to the
24 Department. Such funds shall be appropriated to the
25 Department and shall only be used to assist victims and
26 witnesses in gang crime prosecutions and such assistance may
27 include any of the following:
28 (a) temporary living costs;
29 (b) moving expenses;
30 (c) closing costs on the sale of private residence;
31 (d) first month's rent;
32 (e) security deposits;
33 (f) apartment location assistance;
34 (g) other expenses which the Department considers
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1 appropriate; and
2 (h) compensation for any loss of or injury to real
3 or personal property resulting from a gang crime to a
4 maximum of $5,000, subject to the following provisions:
5 (1) in the case of loss of property, the
6 amount of compensation shall be measured by the
7 replacement cost of similar or like property which
8 has been incurred by and which is substantiated by
9 the property owner,
10 (2) in the case of injury to property, the
11 amount of compensation shall be measured by the cost
12 of repair incurred and which can be substantiated by
13 the property owner,
14 (3) compensation under this provision is a
15 secondary source of compensation and shall be
16 reduced by any amount the property owner receives
17 from any other source as compensation for the loss
18 or injury, including, but not limited to, personal
19 insurance coverage,
20 (4) no compensation may be awarded if the
21 property owner was an offender or an accomplice of
22 the offender, or if the award would unjustly benefit
23 the offender or offenders, or an accomplice of the
24 offender or offenders.
25 No victim or witness may receive such assistance if he or
26 she is not a part of or fails to fully cooperate in the
27 prosecution of gang crime members by law enforcement
28 authorities.
29 The Department shall promulgate any rules necessary for
30 the implementation of this amendatory Act of 1985.
31 17. To conduct arson investigations.
32 18. To develop a separate statewide statistical police
33 contact record keeping system for the study of juvenile
34 delinquency. The records of this police contact system shall
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1 be limited to statistical information. No individually
2 identifiable information shall be maintained in the police
3 contact statistical record system.
4 19. To develop a separate statewide central adjudicatory
5 and dispositional records system for persons under 19 years
6 of age who have been adjudicated delinquent minors and to
7 make information available to local registered participating
8 police youth officers so that police youth officers will be
9 able to obtain rapid access to the juvenile's background from
10 other jurisdictions to the end that the police youth officers
11 can make appropriate dispositions which will best serve the
12 interest of the child and the community. Information
13 maintained in the adjudicatory and dispositional record
14 system shall be limited to the incidents or offenses for
15 which the minor was adjudicated delinquent by a court, and a
16 copy of the court's dispositional order. All individually
17 identifiable records in the adjudicatory and dispositional
18 records system shall be destroyed when the person reaches 19
19 years of age.
20 20. To develop rules which guarantee the confidentiality
21 of such individually identifiable adjudicatory and
22 dispositional records except when used for the following:
23 (a) by authorized juvenile court personnel or the
24 State's Attorney in connection with proceedings under the
25 Juvenile Court Act of 1987; or
26 (b) inquiries from registered police youth
27 officers.
28 For the purposes of this Act "police youth officer" means
29 a member of a duly organized State, county or municipal
30 police force who is assigned by his or her Superintendent,
31 Sheriff or chief of police, as the case may be, to specialize
32 in youth problems.
33 21. To develop administrative rules and administrative
34 hearing procedures which allow a minor, his or her attorney,
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1 and his or her parents or guardian access to individually
2 identifiable adjudicatory and dispositional records for the
3 purpose of determining or challenging the accuracy of the
4 records. Final administrative decisions shall be subject to
5 the provisions of the Administrative Review Law.
6 22. To charge, collect, and receive fees or moneys
7 equivalent to the cost of providing Department of State
8 Police personnel, equipment, and services to local
9 governmental agencies when explicitly requested by a local
10 governmental agency and pursuant to an intergovernmental
11 agreement as provided by this Section, other State agencies,
12 and federal agencies, including but not limited to fees or
13 moneys equivalent to the cost of providing dispatching
14 services, radio and radar repair, and training to local
15 governmental agencies on such terms and conditions as in the
16 judgment of the Director are in the best interest of the
17 State; and to establish, charge, collect and receive fees or
18 moneys based on the cost of providing responses to requests
19 for criminal history record information pursuant to positive
20 identification and any Illinois or federal law authorizing
21 access to some aspect of such information and to prescribe
22 the form and manner for requesting and furnishing such
23 information to the requestor on such terms and conditions as
24 in the judgment of the Director are in the best interest of
25 the State, provided fees for requesting and furnishing
26 criminal history record information may be waived for
27 requests in the due administration of the criminal laws. The
28 Department may also charge, collect and receive fees or
29 moneys equivalent to the cost of providing electronic data
30 processing lines or related telecommunication services to
31 local governments, but only when such services can be
32 provided by the Department at a cost less than that
33 experienced by said local governments through other means.
34 All services provided by the Department shall be conducted
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1 pursuant to contracts in accordance with the
2 Intergovernmental Cooperation Act, and all telecommunication
3 services shall be provided pursuant to the provisions of
4 Section 67.18 of this Code.
5 All fees received by the Department of State Police under
6 this Act or the Illinois Uniform Conviction Information Act
7 shall be deposited in a special fund in the State Treasury to
8 be known as the State Police Services Fund. The money
9 deposited in the State Police Services Fund shall be
10 appropriated to the Department of State Police for expenses
11 of the Department of State Police.
12 Upon the completion of any audit of the Department of
13 State Police as prescribed by the Illinois State Auditing
14 Act, which audit includes an audit of the State Police
15 Services Fund, the Department of State Police shall make the
16 audit open to inspection by any interested person.
17 23. To exercise the powers and perform the duties which
18 have been vested in the Department of State Police by the
19 Intergovernmental Missing Child Recovery Act of 1984, and to
20 establish reasonable rules and regulations necessitated
21 thereby.
22 24. (a) To establish and maintain a statewide Law
23 Enforcement Agencies Data System (LEADS) for the purpose of
24 providing electronic access by authorized entities to
25 criminal justice data repositories and effecting an immediate
26 law enforcement response to reports of missing persons,
27 including lost, missing or runaway minors. The Department
28 shall implement an automatic data exchange system to compile,
29 to maintain and to make available to other law enforcement
30 agencies for immediate dissemination data which can assist
31 appropriate agencies in recovering missing persons and
32 provide access by authorized entities to various data
33 repositories available through LEADS for criminal justice and
34 related purposes. To help assist the Department in this
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1 effort, funds may be appropriated from the LEADS Maintenance
2 Fund.
3 (b) In exercising its duties under this subsection, the
4 Department shall:
5 (1) provide a uniform reporting format for the
6 entry of pertinent information regarding the report of a
7 missing person into LEADS;
8 (2) develop and implement a policy whereby a
9 statewide or regional alert would be used in situations
10 relating to the disappearances of individuals, based on
11 criteria and in a format established by the Department.
12 Such a format shall include, but not be limited to, the
13 age of the missing person and the suspected circumstance
14 of the disappearance;
15 (3) notify all law enforcement agencies that
16 reports of missing persons shall be entered as soon as
17 the minimum level of data specified by the Department is
18 available to the reporting agency, and that no waiting
19 period for the entry of such data exists;
20 (4) compile and retain information regarding lost,
21 abducted, missing or runaway minors in a separate data
22 file, in a manner that allows such information to be used
23 by law enforcement and other agencies deemed appropriate
24 by the Director, for investigative purposes. Such
25 information shall include the disposition of all reported
26 lost, abducted, missing or runaway minor cases;
27 (5) compile and maintain an historic data
28 repository relating to lost, abducted, missing or runaway
29 minors and other missing persons in order to develop and
30 improve techniques utilized by law enforcement agencies
31 when responding to reports of missing persons; and
32 (6) create a quality control program regarding
33 confirmation of missing person data, timeliness of
34 entries of missing person reports into LEADS and
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1 performance audits of all entering agencies.
2 25. On request of a school board or regional
3 superintendent of schools, to conduct an inquiry pursuant to
4 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
5 an applicant for employment in a school district has been
6 convicted of any criminal or drug offenses enumerated in
7 Section 10-21.9 or 34-18.5 of the School Code. The
8 Department shall furnish such conviction information to the
9 President of the school board of the school district which
10 has requested the information, or if the information was
11 requested by the regional superintendent to that regional
12 superintendent.
13 26. To promulgate rules and regulations necessary for
14 the administration and enforcement of its powers and duties,
15 wherever granted and imposed, pursuant to the Illinois
16 Administrative Procedure Act.
17 27. To (a) promulgate rules pertaining to the
18 certification, revocation of certification and training of
19 law enforcement officers as electronic criminal surveillance
20 officers, (b) provide training and technical assistance to
21 State's Attorneys and local law enforcement agencies
22 pertaining to the interception of private oral
23 communications, (c) promulgate rules necessary for the
24 administration of Article 108B of the Code of Criminal
25 Procedure of 1963, including but not limited to standards for
26 recording and minimization of electronic criminal
27 surveillance intercepts, documentation required to be
28 maintained during an intercept, procedures in relation to
29 evidence developed by an intercept, and (d) charge a
30 reasonable fee to each law enforcement agency that sends
31 officers to receive training as electronic criminal
32 surveillance officers.
33 28. Upon the request of any private organization which
34 devotes a major portion of its time to the provision of
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1 recreational, social, educational or child safety services to
2 children, to conduct, pursuant to positive identification,
3 criminal background investigations of all of that
4 organization's current employees, current volunteers,
5 prospective employees or prospective volunteers charged with
6 the care and custody of children during the provision of the
7 organization's services, and to report to the requesting
8 organization any record of convictions maintained in the
9 Department's files about such persons. The Department shall
10 charge an application fee, based on actual costs, for the
11 dissemination of conviction information pursuant to this
12 subsection. The Department is empowered to establish this
13 fee and shall prescribe the form and manner for requesting
14 and furnishing conviction information pursuant to this
15 subsection. Information received by the organization from the
16 Department concerning an individual shall be provided to such
17 individual. Any such information obtained by the
18 organization shall be confidential and may not be transmitted
19 outside the organization and may not be transmitted to anyone
20 within the organization except as needed for the purpose of
21 evaluating the individual. Only information and standards
22 which bear a reasonable and rational relation to the
23 performance of child care shall be used by the organization.
24 Any employee of the Department or any member, employee or
25 volunteer of the organization receiving confidential
26 information under this subsection who gives or causes to be
27 given any confidential information concerning any criminal
28 convictions of an individual shall be guilty of a Class A
29 misdemeanor unless release of such information is authorized
30 by this subsection.
31 29. Upon the request of the Department of Children and
32 Family Services, to investigate reports of child abuse or
33 neglect.
34 30. To obtain registration of a fictitious vital record
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1 pursuant to Section 15.1 of the Vital Records Act.
2 31. To collect and disseminate information relating to
3 "hate crimes" as defined under Section 12-7.1 of the Criminal
4 Code of 1961 contingent upon the availability of State or
5 Federal funds to revise and upgrade the Illinois Uniform
6 Crime Reporting System. All law enforcement agencies shall
7 report monthly to the Department of State Police concerning
8 such offenses in such form and in such manner as may be
9 prescribed by rules and regulations adopted by the Department
10 of State Police. Such information shall be compiled by the
11 Department and be disseminated upon request to any local law
12 enforcement agency, unit of local government, or state
13 agency. Dissemination of such information shall be subject
14 to all confidentiality requirements otherwise imposed by law.
15 The Department of State Police shall provide training for
16 State Police officers in identifying, responding to, and
17 reporting all hate crimes. The Illinois Local Governmental
18 Law Enforcement Officer's Training Board shall develop and
19 certify a course of such training to be made available to
20 local law enforcement officers.
21 32. Upon the request of a private carrier company that
22 provides transportation under Section 28b of the Metropolitan
23 Transit Authority Act, to ascertain if an applicant for a
24 driver position has been convicted of any criminal or drug
25 offense enumerated in Section 28b of the Metropolitan Transit
26 Authority Act. The Department shall furnish the conviction
27 information to the private carrier company that requested the
28 information.
29 33. To apply for grants or contracts, receive, expend,
30 allocate, or disburse funds and moneys made available by
31 public or private entities, including, but not limited to,
32 contracts, bequests, grants, or receiving equipment from
33 corporations, foundations, or public or private institutions
34 of higher learning. All funds received by the Department
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1 from these sources shall be deposited into the appropriate
2 fund in the State Treasury to be appropriated to the
3 Department for purposes as indicated by the grantor or
4 contractor or, in the case of funds or moneys bequeathed or
5 granted for no specific purpose, for any purpose as deemed
6 appropriate by the Director in administering the
7 responsibilities of the Department.
8 34. Upon the request of the Department of Children and
9 Family Services, the Department of State Police shall provide
10 properly designated employees of the Department of Children
11 and Family Services with criminal history record information
12 as defined in the Illinois Uniform Conviction Information Act
13 and information maintained in the adjudicatory and
14 dispositional record system as defined in subdivision (A)19
15 of this Section if the Department of Children and Family
16 Services determines the information is necessary to perform
17 its duties under the Abused and Neglected Child Reporting
18 Act, the Child Care Act of 1969, and the Children and Family
19 Services Act. The request shall be in the form and manner
20 specified by the Department of State Police.
21 35. The Illinois Department of Public Aid is an
22 authorized entity under this Section for the purpose of
23 obtaining access to various data repositories available
24 through LEADS, to facilitate the location of individuals for
25 establishing paternity, and establishing, modifying, and
26 enforcing child support obligations, pursuant to the Illinois
27 Public Aid Code and Title IV, Part D of the Social Security
28 Act. The Department shall enter into an agreement with the
29 Illinois Department of Public Aid consistent with these
30 purposes.
31 (B) The Department of State Police may establish and
32 maintain, within the Department of State Police, a Statewide
33 Organized Criminal Gang Database (SWORD) for the purpose of
34 tracking organized criminal gangs and their memberships.
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1 Information in the database may include, but not be limited
2 to, the name, last known address, birth date, physical
3 descriptions (such as scars, marks, or tattoos), officer
4 safety information, organized gang affiliation, and entering
5 agency identifier. The Department may develop, in
6 consultation with the Criminal Justice Information Authority,
7 and in a form and manner prescribed by the Department, an
8 automated data exchange system to compile, to maintain, and
9 to make this information electronically available to
10 prosecutors and to other law enforcement agencies. The
11 information may be used by authorized agencies to combat the
12 operations of organized criminal gangs statewide.
13 (C) The Department of State Police may ascertain the
14 number of bilingual police officers and other personnel
15 needed to provide services in a language other than English
16 and may establish, under applicable personnel rules and
17 Department guidelines or through a collective bargaining
18 agreement, a bilingual pay supplement program.
19 35. The Illinois Department of Public Aid is an
20 authorized entity under this Section for the purpose of
21 obtaining access to various data repositories available
22 through LEADS, to facilitate the location of individuals for
23 establishing paternity, and establishing, modifying, and
24 enforcing child support obligations, pursuant to the Public
25 Aid Code and Title IV, Section D of the Social Security Act.
26 The Department shall enter into an agreement with the
27 Illinois Department of Public Aid consistent with these
28 purposes.
29 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
30 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
31 Section 33. The Department of Veterans Affairs Act is
32 amended by changing Section 2 as follows:
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1 (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
2 Sec. 2. Powers and duties. The Department shall have
3 the following powers and duties:
4 To perform such acts at the request of any veteran, or
5 his or her spouse, surviving spouse or dependents as shall be
6 reasonably necessary or reasonably incident to obtaining or
7 endeavoring to obtain for the requester any advantage,
8 benefit or emolument accruing or due to such person under any
9 law of the United States, the State of Illinois or any other
10 state or governmental agency by reason of the service of such
11 veteran, and in pursuance thereof shall:
12 1. Contact veterans, their survivors and dependents
13 and advise them of the benefits of state and federal laws
14 and assist them in obtaining such benefits;
15 2. Establish field offices and direct the
16 activities of the personnel assigned to such offices;
17 3. Create a volunteer field force of accredited
18 representatives, representing educational institutions,
19 labor organizations, veterans organizations, employers,
20 churches, and farm organizations;
21 4. Conduct informational and training services;
22 5. Conduct educational programs through newspapers,
23 periodicals and radio for the specific purpose of
24 disseminating information affecting veterans and their
25 dependents;
26 6. Coordinate the services and activities of all
27 state departments having services and resources affecting
28 veterans and their dependents;
29 7. Encourage and assist in the coordination of
30 agencies within counties giving service to veterans and
31 their dependents;
32 8. Cooperate with veterans organizations and other
33 governmental agencies;
34 9. Make, alter, amend and promulgate reasonable
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1 rules and procedures for the administration of this Act;
2 and
3 10. Make and publish annual reports to the Governor
4 regarding the administration and general operation of the
5 Department.
6 11. Encourage the State to implement more programs
7 to address the wide range of issues faced by Persian Gulf
8 War Veterans, especially those who took part in combat,
9 by creating an official commission to further study
10 Persian Gulf War Diseases. The commission shall consist
11 of 9 members appointed as follows: the Speaker and
12 Minority Leader of the House of Representatives and the
13 President and Minority Leader of the Senate shall each
14 appoint one member from the General Assembly, the
15 Governor shall appoint 4 members to represent veterans'
16 organizations, and the Department shall appoint one
17 member. The commission members shall serve without
18 compensation.
19 The Department may accept and hold on behalf of the
20 State, if for the public interest, a grant, gift, devise or
21 bequest of money or property to the Department made for the
22 general benefit of Illinois veterans, including the conduct
23 of informational and training services by the Department and
24 other authorized purposes of the Department. The Department
25 shall cause each grant, gift, devise or bequest to be kept as
26 a distinct fund and shall invest such funds in the manner
27 provided by the Public Funds Investment Act, as now or
28 hereafter amended, and shall make such reports as may be
29 required by the Comptroller concerning what funds are so held
30 and the manner in which such funds are invested. The
31 Department may make grants from these funds for the general
32 benefit of Illinois veterans. Grants from these funds,
33 except for the funds established under Sections 2.01a and
34 2.03, shall be subject to appropriation.
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1 (Source: P.A. 90-142, eff. 1-1-98; 90-168, eff. 7-23-97;
2 revised 11-13-97.)
3 Section 34. The Capital Development Board Act is amended
4 by changing Section 14 as follows:
5 (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
6 Sec. 14. (a) It is the purpose of this Act to provide
7 for the promotion and preservation of the arts by securing
8 suitable works of art for the adornment of public buildings
9 constructed or subjected to major renovation by the State or
10 which utilize State funds, and thereby reflecting our
11 cultural heritage, with emphasis on the works of Illinois
12 artists.
13 (b) As used in this Act: "Works of art" shall apply to
14 and include paintings, prints, sculptures, graphics, mural
15 decorations, stained glass, statues statutes, bas reliefs,
16 ornaments, fountains, ornamental gateways, or other creative
17 works which reflect form, beauty and aesthetic perceptions.
18 (c) Beginning with the fiscal year ending June 30, 1979,
19 and for each succeeding fiscal year thereafter, the Capital
20 Development Board shall set aside 1/2 of 1 percent of the
21 amount authorized and appropriated for construction or
22 reconstruction of each public building financed in whole or
23 in part by State funds and generally accessible to and used
24 by the public for purchase and placement of suitable works of
25 art in such public buildings. The location and character of
26 the work or works of art to be installed in such public
27 buildings shall be determined by the designing architect,
28 provided, however, that the work or works of art shall be in
29 a permanent and prominent location.
30 (d) There is created a Fine Arts Review Committee
31 consisting of the designing architect, the Chairman of the
32 Illinois Arts Council or his designee, the Director of the
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1 Illinois State Museum or his designee, and three persons from
2 the area in which the project is to be located who are
3 familiar with the local area and are knowledgeable in matters
4 of art. Of the three local members, two shall be selected by
5 the County Board to the County in which the project is
6 located and one shall be selected by the Mayor or other chief
7 executive officer of the municipality in which the project is
8 located. The Committee, after such study as it deems
9 necessary, shall recommend three artists or works of art in
10 order of preference, to the Capital Development Board. The
11 Board will make the final selection from among the
12 recommendations submitted to it.
13 (e) There is created a Public Arts Advisory Committee
14 whose function is to advise the Capital Development Board and
15 the Fine Arts Review Committee on various technical and
16 aesthetic perceptions that may be utilized in the creation or
17 major renovation of public buildings. The Public Arts
18 Advisory Committee shall consist of 12 members who shall
19 serve for terms of 2 years ending on June 30 of odd numbered
20 years, except the first appointees to the Committee shall
21 serve for a term ending June 30, 1979. The Public Arts
22 Advisory Committee shall meet four times each fiscal year.
23 Four members shall be appointed by the Governor; four shall
24 be chosen by the Senate, two of whom shall be chosen by the
25 President, two by the minority leader; and four shall be
26 appointed by the House of Representatives, two of whom shall
27 be chosen by the Speaker and two by the minority leader.
28 There shall also be a Chairman who shall be chosen from the
29 committee members by the majority vote of that Committee.
30 (f) All necessary expenses of the Public Arts Advisory
31 Committee and the Fine Arts Review Committee shall be paid by
32 the Capital Development Board.
33 (Source: P.A. 80-241; revised 12-18-97.)
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1 Section 35. The Illinois Health Facilities Authority Act
2 is amended by changing Section 17 as follows:
3 (20 ILCS 3705/17) (from Ch. 111 1/2, par. 1117)
4 Sec. 17. Refunding bonds.
5 (a) The Authority is authorized to provide for the
6 issuance of bonds of the Authority for the purpose of
7 refunding any bonds of the Authority then outstanding,
8 including the payment of any redemption premium thereon and
9 any interest accrued or to accrue to the earliest or any
10 subsequent date of redemption, purchase or maturity of os
11 such bonds, and, if deemed advisable by the Authority, for
12 the additional purpose of paying all or any part of the cost
13 of construction and acquiring additions, improvements,
14 extensions or enlargements of a project or any portion
15 thereof, or any health facilities of which it is a part;,
16 provided, however, that no such bonds shall be issued unless
17 the Authority shall have first entered into a new or amended
18 lease with, or shall have received a new or amended
19 agreement, note not, mortgage or other security from or on
20 behalf of, a participating health institution, which shall
21 provide for the payment of revenues adequate to satisfy the
22 requirements of Section 14 of this Act.
23 (b) The proceeds of any such bonds issued for the
24 purpose of refunding outstanding bonds, in the discretion of
25 the Authority, may be applied to the purchase or retirement
26 at maturity or redemption of such outstanding bonds either on
27 their earliest or any subsequent redemption date or upon the
28 purchase or at the maturity thereof, may be applied to pay
29 interest or principal on such refunding bonds or outstanding
30 bonds pending application to such purchase, retirement or
31 redemption or if no such application is made and may, pending
32 such application, be placed in escrow to be applied to such
33 purchase or retirement at maturity or redemption on such date
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1 as may be determined by the Authority.
2 (c) Any such escrowed proceeds, pending such use, may be
3 invested and reinvested in direct obligations of, or
4 obligations, the principal and interest of which are
5 guaranteed by, the United States of America, in evidences of
6 a direct ownership interest in amounts payable upon any of
7 the foregoing obligations, in obligations issued or
8 guaranteed by any agency or instrumentality of the United
9 States of America, in certificates of deposit of, and time
10 deposits in, any bank as defined by the Illinois Banking Act,
11 as now or hereafter amended, which certificates and deposits
12 are insured by the Federal Deposit Insurance Corporation,
13 Federal Savings and Loan Insurance Corporation or similar
14 federal agency, if then in existence, or in such obligations
15 or investments as are provided in or permitted by a trust
16 agreement, trust indenture, indenture of mortgage or deed of
17 trust or other agreement to which the Authority is a party
18 and pursuant to which the outstanding bonds to be so refunded
19 were issued or secured, maturing at such time or times as
20 shall be appropriate to assure the prompt payment of the
21 principal of and interest and redemption premium, if any, on
22 the outstanding bonds to be so refunded or the bonds issued
23 to effect such refunding, as the case may be, or of the
24 purchase price thereof. The interest, income and profits, if
25 any, earned or realized on any such investment may also be
26 applied to such payment or purchase. Only after the terms of
27 the escrow have been fully satisfied and carried out, any
28 balance of such proceeds and interest, income and profits, if
29 any, earned or realized on the investments thereof shall be
30 returned to the participating health institution for use by
31 it in any lawful manner.
32 (d) All such bonds shall be subject to this Act in the
33 same manner and to the same extent as other bonds issued
34 pursuant to this Act.
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1 (Source: P.A. 85-1173; revised 7-21-97.)
2 Section 36. The Correctional Budget and Impact Note Act
3 is amended by changing Section 5 as follows:
4 (25 ILCS 70/5) (from Ch. 63, par. 42.85)
5 Sec. 5. The note shall be factual in nature, as brief
6 and concise as may be, and shall provide as reliable an
7 estimate, in terms of population and dollar impact, as is
8 possible under the circumstances. The note shall include
9 both the immediate effect, and if determinable or reasonably
10 foreseeable forseeable, the long-range effect of the measure.
11 If, after careful investigation, it is determined that no
12 population or dollar estimate is possible, the note shall
13 contain a statement to that effect, setting forth the reasons
14 why no such estimate can be given. A brief summary or work
15 sheet of computations used in arriving at the Budget and
16 Impact Note figures shall be supplied.
17 (Source: P.A. 83-1031; revised 7-21-97.)
18 Section 37. The State Finance Act is amended by setting
19 forth and renumbering multiple versions of Sections 5.449,
20 5.450, and 5.451 and changing Section 8.25 as follows:
21 (30 ILCS 105/5.449)
22 Sec. 5.449. The Department of Corrections Education
23 Fund.
24 (Source: P.A. 90-9, eff. 7-1-97.)
25 (30 ILCS 105/5.450)
26 Sec. 5.450. The Department of Corrections Reimbursement
27 Fund.
28 (Source: P.A. 90-9, eff. 7-1-97.)
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1 (30 ILCS 105/5.451)
2 Sec. 5.451. The State Asset Forfeiture Fund.
3 (Source: P.A. 90-9, eff. 7-1-97.)
4 (30 ILCS 105/5.453)
5 Sec. 5.453. 5.449. The Grape and Wine Resources Fund.
6 (Source: P.A. 90-77, eff. 7-8-97; revised 11-21-97.)
7 (30 ILCS 105/5.454)
8 Sec. 5.454. 5.449. The Industrial Commission Operations
9 Fund.
10 (Source: P.A. 90-109, eff. 1-1-98; revised 11-21-97.)
11 (30 ILCS 105/5.455)
12 Sec. 5.455. 5.449. The Brownfields Redevelopment Fund.
13 (Source: P.A. 90-123, eff. 7-21-97; revised 11-21-97.)
14 (30 ILCS 105/5.456)
15 Sec. 5.456. 5.449. The LEADS Maintenance Fund.
16 (Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
17 (30 ILCS 105/5.457)
18 Sec. 5.457. 5.450. The State Offender DNA Identification
19 System Fund.
20 (Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
21 (30 ILCS 105/5.458)
22 Sec. 5.458. 5.449. The Sex Offender Management Board
23 Fund.
24 (Source: P.A. 90-133, eff. 7-22-97; revised 11-21-97.)
25 (30 ILCS 105/5.459)
26 Sec. 5.459. 5.449. The Mental Health Research Fund.
27 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
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1 (30 ILCS 105/5.460)
2 Sec. 5.460. 5.450. The Children's Cancer Fund.
3 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
4 (30 ILCS 105/5.461)
5 Sec. 5.461. 5.451. The American Diabetes Association
6 Fund.
7 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
8 (30 ILCS 105/5.462)
9 Sec. 5.462. 5.449. The Sex Offender Registration Fund.
10 (Source: P.A. 90-193, eff. 7-24-97; revised 11-21-97.)
11 (30 ILCS 105/5.463)
12 Sec. 5.463. 5.449. The Domestic Violence Abuser Services
13 Fund.
14 (Source: P.A. 90-241, eff. 1-1-98; revised 11-21-97.)
15 (30 ILCS 105/5.464)
16 Sec. 5.464. 5.449. Police Training Board Services Fund.
17 (Source: P.A. 90-259, eff. 7-30-97; revised 11-21-97.)
18 (30 ILCS 105/5.465)
19 Sec. 5.465. 5.449. The Off-Highway Vehicle Trails Fund.
20 (Source: P.A. 90-287, eff. 1-1-98; revised 11-21-97.)
21 (30 ILCS 105/5.466)
22 Sec. 5.466. 5.449. The Health Facility Plan Review Fund.
23 (Source: P.A. 90-327, eff. 8-8-97; revised 11-21-97.)
24 (30 ILCS 105/5.467)
25 Sec. 5.467. 5.449. The Elderly Victim Fund.
26 (Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
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1 (30 ILCS 105/5.468)
2 Sec. 5.468. 5.450. The Attorney General Court Ordered
3 and Voluntary Compliance Payment Projects Fund.
4 (Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
5 (30 ILCS 105/5.469)
6 Sec. 5.469. 5.449. The School Technology Revolving Fund.
7 (Source: P.A. 90-463, eff. 8-17-97; revised 11-21-97.)
8 (30 ILCS 105/5.470)
9 Sec. 5.470. 5.449. The Temporary Relocation Expenses
10 Revolving Grant Fund.
11 (Source: P.A. 90-464, eff. 8-17-97; revised 11-21-97.)
12 (30 ILCS 105/5.471)
13 Sec. 5.471. 5.449. The Pawnbroker Regulation Fund.
14 (Source: P.A. 90-477, eff. 7-1-98; revised 11-21-97.)
15 (30 ILCS 105/5.472)
16 Sec. 5.472. 5.448. The Drycleaner Environmental Response
17 Trust Fund.
18 (Source: P.A. 90-502, eff. 8-19-97; revised 11-21-97.)
19 (30 ILCS 105/5.473)
20 Sec. 5.473. 5.449. The Illinois and Michigan Canal Fund.
21 (Source: P.A. 90-527, eff. 11-13-97; revised 11-21-97.)
22 (30 ILCS 105/5.474)
23 Sec. 5.474. 5.449. The Do-It-Yourself School Funding
24 Fund.
25 (Source: P.A. 90-553, eff. 6-1-98; revised 11-21-97.)
26 (30 ILCS 105/5.475)
27 Sec. 5.475. 5.449. The Renewable Energy Resources Trust
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1 Fund.
2 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
3 (30 ILCS 105/5.476)
4 Sec. 5.476. 5.450. The Energy Efficiency Trust Fund.
5 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
6 (30 ILCS 105/5.477)
7 Sec. 5.477. 5.451. The Supplemental Low-Income Energy
8 Assistance Fund.
9 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
10 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
11 Sec. 8.25. Build Illinois Fund; uses.
12 (A) All moneys in the Build Illinois Fund shall be
13 transferred, appropriated, and used only for the purposes
14 authorized by and subject to the limitations and conditions
15 prescribed by this Section. There are established the
16 following accounts in the Build Illinois Fund: the McCormick
17 Place Account, the Build Illinois Bond Account, the Build
18 Illinois Purposes Account, the Park and Conservation Fund
19 Account, and the Tourism Advertising and Promotion Account.
20 Amounts deposited into the Build Illinois Fund consisting of
21 1.55% before July 1, 1986, and 1.75% on and after July 1,
22 1986, of moneys received by the Department of Revenue under
23 Section 9 of the Use Tax Act, Section 9 of the Service Use
24 Tax Act, Section 9 of the Service Occupation Tax Act, and
25 Section 3 of the Retailers' Occupation Tax Act, and all
26 amounts deposited therein under Section 28 of the Illinois
27 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
28 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
29 Operators' Occupation Tax Act, shall be credited initially to
30 the McCormick Place Account and all other amounts deposited
31 into the Build Illinois Fund shall be credited initially to
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1 the Build Illinois Bond Account. Of the amounts initially so
2 credited to the McCormick Place Account in each month, the
3 amount that is to be transferred in that month to the
4 Metropolitan Fair and Exposition Authority Improvement Bond
5 Fund, as provided below, shall remain credited to the
6 McCormick Place Account, and all amounts initially so
7 credited in that month in excess thereof shall next be
8 credited to the Build Illinois Bond Account. Of the amounts
9 credited to the Build Illinois Bond Account in each month,
10 the amount that is to be transferred in that month to the
11 Build Illinois Bond Retirement and Interest Fund, as provided
12 below, shall remain credited to the Build Illinois Bond
13 Account, and all amounts so credited in each month in excess
14 thereof shall next be credited monthly to the other accounts
15 in the following order of priority: first, to the Build
16 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
17 year 1986, 1/9, of the fiscal year amounts authorized to be
18 transferred to the Build Illinois Purposes Fund as provided
19 below plus (b) any cumulative deficiency in those transfers
20 for prior months; second, 1/12 of $10,000,000, plus any
21 cumulative deficiency in those transfers for prior months, to
22 the Park and Conservation Fund Account; and third, to the
23 General Revenue Fund in the State Treasury all amounts that
24 remain in the Build Illinois Fund on the last day of each
25 month and are not credited to any account in that Fund.
26 Transfers from the McCormick Place Account in the Build
27 Illinois Fund shall be made as follows:
28 Beginning with fiscal year 1985 and continuing for each
29 fiscal year thereafter, the Metropolitan Pier and Exposition
30 Authority shall annually certify to the State Comptroller and
31 State Treasurer the amount necessary and required during the
32 fiscal year with respect to which the certification is made
33 to pay the debt service requirements (including amounts to be
34 paid with respect to arrangements to provide additional
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1 security or liquidity) on all outstanding bonds and notes,
2 including refunding bonds (herein collectively referred to as
3 bonds) of issues in the aggregate amount (excluding the
4 amount of any refunding bonds issued by that Authority after
5 January 1, 1986) of not more than $312,500,000 issued after
6 July 1, 1984, by that Authority for the purposes specified in
7 Sections 10.1 and 13.1 of the Metropolitan Pier and
8 Exposition Authority Act. In each month of the fiscal year
9 in which there are bonds outstanding with respect to which
10 the annual certification is made, the Comptroller shall order
11 transferred and the Treasurer shall transfer from the
12 McCormick Place Account in the Build Illinois Fund to the
13 Metropolitan Fair and Exposition Authority Improvement Bond
14 Fund an amount equal to 150% of the certified amount for that
15 fiscal year divided by the number of months during that
16 fiscal year in which bonds of the Authority are outstanding,
17 plus any cumulative deficiency in those transfers for prior
18 months; provided, that the maximum amount that may be so
19 transferred in fiscal year 1985 shall not exceed $15,000,000
20 or a lesser sum as is actually necessary and required to pay
21 the debt service requirements for that fiscal year after
22 giving effect to net operating revenues of that Authority
23 available for that purpose as certified by that Authority,
24 and provided further that the maximum amount that may be so
25 transferred in fiscal year 1986 shall not exceed $30,000,000
26 and in each fiscal year thereafter shall not exceed
27 $33,500,000 in any fiscal year or a lesser sum as is actually
28 necessary and required to pay the debt service requirements
29 for that fiscal year after giving effect to net operating
30 revenues of that Authority available for that purpose as
31 certified by that Authority.
32 When an amount equal to 100% of the aggregate amount of
33 principal and interest in each fiscal year with respect to
34 bonds issued after July 1, 1984, that by their terms are
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1 payable from the Metropolitan Fair and Exposition Authority
2 Improvement Bond Fund, including under sinking fund
3 requirements, has been so paid and deficiencies in reserves
4 established from bond proceeds shall have been remedied, and
5 at the time that those amounts have been transferred to the
6 Authority as provided in Section 13.1 of the Metropolitan
7 Pier and Exposition Authority Act, the remaining moneys, if
8 any, deposited and to be deposited during each fiscal year to
9 the Metropolitan Fair and Exposition Authority Improvement
10 Bond Fund shall be transferred to the Metropolitan Fair and
11 Exposition Authority Completion Note Subordinate Fund.
12 Transfers from the Build Illinois Bond Account in the
13 Build Illinois Fund shall be made as follows:
14 Beginning with fiscal year 1986 and continuing for each
15 fiscal year thereafter so long as limited obligation bonds of
16 the State issued under the Build Illinois Bond Act remain
17 outstanding, the Comptroller shall order transferred and the
18 Treasurer shall transfer in each month, commencing in
19 October, 1985, on the last day of that month, from the Build
20 Illinois Bond Account to the Build Illinois Bond Retirement
21 and Interest Fund in the State Treasury the amount required
22 to be so transferred in that month under Section 13 of the
23 Build Illinois Bond Act.
24 Transfers from the remaining accounts in the Build
25 Illinois Fund shall be made in the following amounts and in
26 the following order of priority:
27 Beginning with fiscal year 1986 and continuing each
28 fiscal year thereafter, as soon as practicable after the
29 first day of each month, commencing in October, 1985, the
30 Comptroller shall order transferred and the Treasurer shall
31 transfer from the Build Illinois Purposes Account in the
32 Build Illinois Fund to the Build Illinois Purposes Fund
33 1/12th (or in the case of fiscal year 1986 1/9) of the
34 amounts specified below for the following fiscal years:
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1 Fiscal Year Amount
2 1986 $35,000,000
3 1987 $45,000,000
4 1988 $50,000,000
5 1989 $55,000,000
6 1990 $55,000,000
7 1991 $50,000,000
8 1992 $16,200,000
9 1993 $16,200,000,
10 plus any cumulative deficiency in those transfers for prior
11 months.
12 As soon as may be practicable after the first day of each
13 month beginning after July 1, 1984, the Comptroller shall
14 order transferred and the Treasurer shall transfer from the
15 Park and Conservation Fund Account in the Build Illinois Fund
16 to the Park and Conservation Fund 1/12 of $10,000,000, plus
17 any cumulative deficiency in those transfers for prior
18 months, for conservation and park purposes as enumerated in
19 Section 63a36 of the Civil Administrative Code of Illinois,
20 and to pay the debt service requirements on all outstanding
21 bonds of an issue in the aggregate amount of not more than
22 $40,000,000 issued after January 1, 1985, by the State of
23 Illinois for the purposes specified in Section 3(c) of the
24 Capital Development Bond Act of 1972, or for the same
25 purposes as specified in any other State general obligation
26 bond Act enacted after November 1, 1984. Transfers from the
27 Park and Conservation Fund to the Capital Development Bond
28 Retirement and Interest Fund to pay those debt service
29 requirements shall be made in accordance with Section 8.25b
30 of this Act.
31 All funds remaining in the Build Illinois Fund on the
32 last day of any month and not credited to any account in that
33 Fund shall be transferred by the State Treasurer to the
34 General Revenue Fund.
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1 (B) For the purpose of this Section, "cumulative
2 deficiency" shall include all deficiencies in those transfers
3 that have occurred since July 1, 1984, as specified in
4 subsection (A) of this Section.
5 (C) In addition to any other permitted use of moneys in
6 the Fund, and notwithstanding any restriction on the use of
7 the Fund, moneys in the Park and Conservation Fund may be
8 transferred to the General Revenue Fund as authorized by
9 Public Act 87-14. The General Assembly finds that an excess
10 of moneys existed in the Fund on July 30, 1991, and the
11 Governor's order of July 30, 1991, requesting the Comptroller
12 and Treasurer to transfer an amount from the Fund to the
13 General Revenue Fund is hereby validated.
14 (D) (Blank).
15 (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98;
16 revised 11-18-97.)
17 Section 38. The State Officers and Employees Money
18 Disposition Act is amended by changing Section 2 as follows:
19 (30 ILCS 230/2) (from Ch. 127, par. 171)
20 Sec. 2. Accounts of money received; payment into State
21 treasury.
22 (a) Every officer, board, commission, commissioner,
23 department, institution, arm or agency brought within the
24 provisions of this Act by Section 1 hereof shall keep in
25 proper books a detailed itemized account of all moneys
26 received for or on behalf of the State, showing the date of
27 receipt, the payor, and purpose and amount, and the date and
28 manner of disbursement as hereinafter provided, and, unless a
29 different time of payment is expressly provided by law or by
30 rules or regulations promulgated under subsection (b) of this
31 Section, shall pay into the State treasury the gross amount
32 of money so received on the day of actual physical receipt
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1 with respect to any single item of receipt exceeding $10,000,
2 within 24 hours of actual physical receipt with respect to an
3 accumulation of receipts of $10,000 or more, or within 48
4 hours of actual physical receipt with respect to an
5 accumulation of receipts exceeding $500 but less than
6 $10,000, disregarding holidays, Saturdays and Sundays, after
7 the receipt of same, without any deduction on account of
8 salaries, fees, costs, charges, expenses or claims of any
9 description whatever; provided that:
10 (1) the provisions of (i) Section 39b32 of the
11 Civil Administrative Code of Illinois, (ii) approved
12 March 7, 1917, as amended, and the provisions of any
13 specific taxing statute authorizing a claim for credit
14 procedure instead of the actual making of refunds, (iii)
15 and the provisions of Section 505 of the "The Illinois
16 Controlled Substances Act", approved August 16, 1971, as
17 amended, authorizing the Director of State Police to
18 dispose of forfeited property, which includes the sale
19 and disposition of the proceeds of the sale of forfeited
20 property, and the Department of Central Management
21 Services to be reimbursed for costs incurred with the
22 sales of forfeited vehicles, boats or aircraft and to pay
23 to bona fide or innocent purchasers, conditional sales
24 vendors or mortgagees of such vehicles, boats or aircraft
25 their interest in such vehicles, boats or aircraft, and
26 (iv) the provisions of Section 6b-2 of the An Act in
27 relation to State Finance Act, approved June 10, 1919, as
28 amended, establishing procedures for handling cash
29 receipts from the sale of pari-mutuel wagering tickets,
30 shall not be deemed to be in conflict with the
31 requirements of this Section;
32 (2) provided, further that any fees received by the
33 State Registrar of Vital Records pursuant to the Vital
34 Records Act which are insufficient in amount may be
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1 returned by the Registrar as provided in that Act;
2 (3) provided, further that any fees received by the
3 Department of Public Health under the Food Handling
4 Regulation Enforcement Act that are submitted for renewal
5 of an expired food service sanitation manager certificate
6 may be returned by the Director as provided in that Act;
7 and
8 (4) provided, further that if the amount of money
9 received does not exceed $500, such money may be retained
10 and need not be paid into the State treasury until the
11 total amount of money so received exceeds $500, or until
12 the next succeeding 1st or 15th day of each month (or
13 until the next business day if these days fall on Sunday
14 or a holiday), whichever is earlier, at which earlier
15 time such money shall be paid into the State treasury,
16 except that if a local bank or savings and loan
17 association account has been authorized by law, any
18 balances shall be paid into the State treasury on Monday
19 of each week if more than $500 is to be deposited in any
20 fund.
21 Single items of receipt exceeding $10,000 received after
22 2 p.m. on a working day may be deemed to have been received
23 on the next working day for purposes of fulfilling the
24 requirement that the item be deposited on the day of actual
25 physical receipt.
26 No money belonging to or left for the use of the State
27 shall be expended or applied except in consequence of an
28 appropriation made by law and upon the warrant of the State
29 Comptroller. However, payments made by the Comptroller to
30 persons by direct deposit need not be made upon the warrant
31 of the Comptroller, but if not made upon a warrant, shall be
32 made in accordance with Section 9.02 of the "State
33 Comptroller Act". All moneys so paid into the State treasury
34 shall, unless required by some statute to be held in the
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1 State treasury in a separate or special fund, be covered into
2 the General Revenue Fund in into the State treasury. Moneys
3 received in the form of checks, drafts or similar instruments
4 shall be properly endorsed, if necessary, and delivered to
5 the State Treasurer for collection. The State Treasurer
6 shall remit such collected funds to the depositing officer,
7 board, commission, commissioner, department, institution, arm
8 or agency by Treasurers Draft or through electronic funds
9 transfer. The Said draft or notification of the electronic
10 funds transfer shall be provided to the State Comptroller to
11 allow deposit into the appropriate fund.
12 (b) Different time periods for the payment of public
13 funds into the State treasury or to the State Treasurer, in
14 excess of the periods established in subsection (a) of this
15 Section, but not in excess of 30 days after receipt of such
16 funds, may be established and revised from time to time by
17 rules or regulations promulgated jointly by the State
18 Treasurer and the State Comptroller in accordance with the
19 "The Illinois Administrative Procedure Act", approved
20 September 22, 1975, as amended. The different time periods
21 established by rule or regulation under this subsection may
22 vary according to the nature and amounts of the funds
23 received, the locations at which the funds are received,
24 whether compliance with the deposit requirements specified in
25 subsection (a) of this Section would be cost effective, and
26 such other circumstances and conditions as the promulgating
27 authorities consider to be appropriate. The Treasurer and
28 the Comptroller shall review all such different time periods
29 established pursuant to this subsection every 2 years from
30 the establishment thereof and upon such review, unless it is
31 determined that it is economically unfeasible for the agency
32 to comply with the provisions of subsection (a), shall repeal
33 such different time period.
34 (Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97;
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1 revised 11-20-97.)
2 Section 39. The Illinois Coal Technology Development
3 Assistance Act is amended by changing Section 4 as follows:
4 (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
5 Sec. 4. Expenditures from Coal Technology Development
6 Assistance Fund.
7 (a) The contents of the Coal Technology Development
8 Assistance Fund may be expended, subject to appropriation by
9 the General Assembly, in such amounts and at such times as
10 the Department, with the advice and recommendation of the
11 Board, may deem necessary or desirable for the purposes of
12 this Act.
13 (b) The Department shall develop a written plan
14 containing measurable 3-year and 10-year goals and objectives
15 in regard to the funding of coal research and coal
16 demonstration and commercialization projects, and programs
17 designed to preserve and enhance markets for Illinois coal.
18 In developing these goals and objectives, the Department
19 shall consider and determine the appropriate balance for the
20 achievement of near-term and long-term goals and objectives
21 and of ensuring the timely commercial application of
22 cost-effective technologies or energy and chemical production
23 processes or systems utilizing coal. The Department shall
24 develop the initial goals and objectives no later than
25 December 1, 1993, and develop revised goals and objectives no
26 later than July 1 annually thereafter.
27 (c) (Blank).
28 (Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;
29 90-372, eff. 7-1-98; revised 11-18-97.)
30 Section 40. The State Mandates Act is amended by
31 changing Section 8.21 and renumbering Section 8.22 (as added
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1 by Public Act 90-4) as follows:
2 (30 ILCS 805/8.21)
3 Sec. 8.21. 8.22. Exempt mandate. Notwithstanding
4 Sections 6 and 8 of this Act, no reimbursement by the State
5 is required for the implementation of any mandate created by
6 Public Act 89-705, 89-718, 90-4, 90-7, 90-27, 9-28, 90-31,
7 90-32, 90-186, 90-204, 90-258, 90-288, 90-350, 90-448,
8 90-460, 90-497, 90-511, 90-524, 90-531, 90-535, or 90-551
9 this amendatory Act of 1997 (House Bill 66 of the 90th
10 General Assembly) or by House Bill 165 of the 90th General
11 Assembly.
12 (Source: P.A. 89-683, eff. 6-1-97 (repealed by P.A. 90-6,
13 eff. 6-3-97); 89-705, eff. 1-31-97; 89-718, eff. 3-7-97;
14 90-4, eff. 3-7-97; 90-7, eff. 6-10-97; 90-27, eff. 1-1-98;
15 90-31, eff. 6-27-97; 90-32, eff. 6-27-97; 90-186, eff.
16 7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288,
17 eff. 8-1-97; 90-350, eff, 1-1-98; 90-448, eff. 8-16-97;
18 90-460, eff. 8-17-97; 90-497, eff. 8-18-97; 90-511, eff.
19 8-22-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98; 90-535,
20 eff. 11-14-97; 90-551, eff. 12-12-97; revised 1-9-98.)
21 Section 41. The Illinois Income Tax Act is amended by
22 changing Sections 201 and 901 as follows:
23 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
24 Sec. 201. Tax Imposed.
25 (a) In general. A tax measured by net income is hereby
26 imposed on every individual, corporation, trust and estate
27 for each taxable year ending after July 31, 1969 on the
28 privilege of earning or receiving income in or as a resident
29 of this State. Such tax shall be in addition to all other
30 occupation or privilege taxes imposed by this State or by any
31 municipal corporation or political subdivision thereof.
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1 (b) Rates. The tax imposed by subsection (a) of this
2 Section shall be determined as follows:
3 (1) In the case of an individual, trust or estate,
4 for taxable years ending prior to July 1, 1989, an amount
5 equal to 2 1/2% of the taxpayer's net income for the
6 taxable year.
7 (2) In the case of an individual, trust or estate,
8 for taxable years beginning prior to July 1, 1989 and
9 ending after June 30, 1989, an amount equal to the sum of
10 (i) 2 1/2% of the taxpayer's net income for the period
11 prior to July 1, 1989, as calculated under Section 202.3,
12 and (ii) 3% of the taxpayer's net income for the period
13 after June 30, 1989, as calculated under Section 202.3.
14 (3) In the case of an individual, trust or estate,
15 for taxable years beginning after June 30, 1989, an
16 amount equal to 3% of the taxpayer's net income for the
17 taxable year.
18 (4) (Blank).
19 (5) (Blank).
20 (6) In the case of a corporation, for taxable years
21 ending prior to July 1, 1989, an amount equal to 4% of
22 the taxpayer's net income for the taxable year.
23 (7) In the case of a corporation, for taxable years
24 beginning prior to July 1, 1989 and ending after June 30,
25 1989, an amount equal to the sum of (i) 4% of the
26 taxpayer's net income for the period prior to July 1,
27 1989, as calculated under Section 202.3, and (ii) 4.8% of
28 the taxpayer's net income for the period after June 30,
29 1989, as calculated under Section 202.3.
30 (8) In the case of a corporation, for taxable years
31 beginning after June 30, 1989, an amount equal to 4.8% of
32 the taxpayer's net income for the taxable year.
33 (c) Beginning on July 1, 1979 and thereafter, in
34 addition to such income tax, there is also hereby imposed the
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1 Personal Property Tax Replacement Income Tax measured by net
2 income on every corporation (including Subchapter S
3 corporations), partnership and trust, for each taxable year
4 ending after June 30, 1979. Such taxes are imposed on the
5 privilege of earning or receiving income in or as a resident
6 of this State. The Personal Property Tax Replacement Income
7 Tax shall be in addition to the income tax imposed by
8 subsections (a) and (b) of this Section and in addition to
9 all other occupation or privilege taxes imposed by this State
10 or by any municipal corporation or political subdivision
11 thereof.
12 (d) Additional Personal Property Tax Replacement Income
13 Tax Rates. The personal property tax replacement income tax
14 imposed by this subsection and subsection (c) of this Section
15 in the case of a corporation, other than a Subchapter S
16 corporation, shall be an additional amount equal to 2.85% of
17 such taxpayer's net income for the taxable year, except that
18 beginning on January 1, 1981, and thereafter, the rate of
19 2.85% specified in this subsection shall be reduced to 2.5%,
20 and in the case of a partnership, trust or a Subchapter S
21 corporation shall be an additional amount equal to 1.5% of
22 such taxpayer's net income for the taxable year.
23 (e) Investment credit. A taxpayer shall be allowed a
24 credit against the Personal Property Tax Replacement Income
25 Tax for investment in qualified property.
26 (1) A taxpayer shall be allowed a credit equal to
27 .5% of the basis of qualified property placed in service
28 during the taxable year, provided such property is placed
29 in service on or after July 1, 1984. There shall be
30 allowed an additional credit equal to .5% of the basis of
31 qualified property placed in service during the taxable
32 year, provided such property is placed in service on or
33 after July 1, 1986, and the taxpayer's base employment
34 within Illinois has increased by 1% or more over the
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1 preceding year as determined by the taxpayer's employment
2 records filed with the Illinois Department of Employment
3 Security. Taxpayers who are new to Illinois shall be
4 deemed to have met the 1% growth in base employment for
5 the first year in which they file employment records with
6 the Illinois Department of Employment Security. The
7 provisions added to this Section by Public Act 85-1200
8 (and restored by Public Act 87-895) shall be construed as
9 declaratory of existing law and not as a new enactment.
10 If, in any year, the increase in base employment within
11 Illinois over the preceding year is less than 1%, the
12 additional credit shall be limited to that percentage
13 times a fraction, the numerator of which is .5% and the
14 denominator of which is 1%, but shall not exceed .5%.
15 The investment credit shall not be allowed to the extent
16 that it would reduce a taxpayer's liability in any tax
17 year below zero, nor may any credit for qualified
18 property be allowed for any year other than the year in
19 which the property was placed in service in Illinois. For
20 tax years ending on or after December 31, 1987, and on or
21 before December 31, 1988, the credit shall be allowed for
22 the tax year in which the property is placed in service,
23 or, if the amount of the credit exceeds the tax liability
24 for that year, whether it exceeds the original liability
25 or the liability as later amended, such excess may be
26 carried forward and applied to the tax liability of the 5
27 taxable years following the excess credit years if the
28 taxpayer (i) makes investments which cause the creation
29 of a minimum of 2,000 full-time equivalent jobs in
30 Illinois, (ii) is located in an enterprise zone
31 established pursuant to the Illinois Enterprise Zone Act
32 and (iii) is certified by the Department of Commerce and
33 Community Affairs as complying with the requirements
34 specified in clause (i) and (ii) by July 1, 1986. The
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1 Department of Commerce and Community Affairs shall notify
2 the Department of Revenue of all such certifications
3 immediately. For tax years ending after December 31,
4 1988, the credit shall be allowed for the tax year in
5 which the property is placed in service, or, if the
6 amount of the credit exceeds the tax liability for that
7 year, whether it exceeds the original liability or the
8 liability as later amended, such excess may be carried
9 forward and applied to the tax liability of the 5 taxable
10 years following the excess credit years. The credit shall
11 be applied to the earliest year for which there is a
12 liability. If there is credit from more than one tax year
13 that is available to offset a liability, earlier credit
14 shall be applied first.
15 (2) The term "qualified property" means property
16 which:
17 (A) is tangible, whether new or used,
18 including buildings and structural components of
19 buildings and signs that are real property, but not
20 including land or improvements to real property that
21 are not a structural component of a building such as
22 landscaping, sewer lines, local access roads,
23 fencing, parking lots, and other appurtenances;
24 (B) is depreciable pursuant to Section 167 of
25 the Internal Revenue Code, except that "3-year
26 property" as defined in Section 168(c)(2)(A) of that
27 Code is not eligible for the credit provided by this
28 subsection (e);
29 (C) is acquired by purchase as defined in
30 Section 179(d) of the Internal Revenue Code;
31 (D) is used in Illinois by a taxpayer who is
32 primarily engaged in manufacturing, or in mining
33 coal or fluorite, or in retailing; and
34 (E) has not previously been 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 (e) or subsection (f).
4 (3) For purposes of this subsection (e),
5 "manufacturing" means the material staging and production
6 of tangible personal property by procedures commonly
7 regarded as manufacturing, processing, fabrication, or
8 assembling which changes some existing material into new
9 shapes, new qualities, or new combinations. For purposes
10 of this subsection (e) the term "mining" shall have the
11 same meaning as the term "mining" in Section 613(c) of
12 the Internal Revenue Code. For purposes of this
13 subsection (e), the term "retailing" means the sale of
14 tangible personal property or services rendered in
15 conjunction with the sale of tangible consumer goods or
16 commodities.
17 (4) The basis of qualified property shall be the
18 basis used to compute the depreciation deduction for
19 federal income tax purposes.
20 (5) If the basis of the property for federal income
21 tax depreciation purposes is increased after it has been
22 placed in service in Illinois by the taxpayer, the amount
23 of such increase shall be deemed property placed in
24 service on the date of such increase in basis.
25 (6) The term "placed in service" shall have the
26 same meaning as under Section 46 of the Internal Revenue
27 Code.
28 (7) If during any taxable year, any property ceases
29 to be qualified property in the hands of the taxpayer
30 within 48 months after being placed in service, or the
31 situs of any qualified property is moved outside Illinois
32 within 48 months after being placed in service, the
33 Personal Property Tax Replacement Income Tax for such
34 taxable year shall be increased. Such increase shall be
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1 determined by (i) recomputing the investment credit which
2 would have been allowed for the year in which credit for
3 such property was originally allowed by eliminating such
4 property from such computation and, (ii) subtracting such
5 recomputed credit from the amount of credit previously
6 allowed. For the purposes of this paragraph (7), a
7 reduction of the basis of qualified property resulting
8 from a redetermination of the purchase price shall be
9 deemed a disposition of qualified property to the extent
10 of such reduction.
11 (8) Unless the investment credit is extended by
12 law, the basis of qualified property shall not include
13 costs incurred after December 31, 2003, except for costs
14 incurred pursuant to a binding contract entered into on
15 or before December 31, 2003.
16 (9) Each taxable year, a partnership may elect to
17 pass through to its partners the credits to which the
18 partnership is entitled under this subsection (e) for the
19 taxable year. A partner may use the credit allocated to
20 him or her under this paragraph only against the tax
21 imposed in subsections (c) and (d) of this Section. If
22 the partnership makes that election, those credits shall
23 be allocated among the partners in the partnership in
24 accordance with the rules set forth in Section 704(b) of
25 the Internal Revenue Code, and the rules promulgated
26 under that Section, and the allocated amount of the
27 credits shall be allowed to the partners for that taxable
28 year. The partnership shall make this election on its
29 Personal Property Tax Replacement Income Tax return for
30 that taxable year. The election to pass through the
31 credits shall be irrevocable.
32 (f) Investment credit; Enterprise Zone.
33 (1) A taxpayer shall be allowed a credit against
34 the tax imposed by subsections (a) and (b) of this
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1 Section for investment in qualified property which is
2 placed in service in an Enterprise Zone created pursuant
3 to the Illinois Enterprise Zone Act. For partners and for
4 shareholders of Subchapter S corporations, there shall be
5 allowed a credit under this subsection (f) to be
6 determined in accordance with the determination of income
7 and distributive share of income under Sections 702 and
8 704 and Subchapter S of the Internal Revenue Code. The
9 credit shall be .5% of the basis for such property. The
10 credit shall be available only in the taxable year in
11 which the property is placed in service in the Enterprise
12 Zone and shall not be allowed to the extent that it would
13 reduce a taxpayer's liability for the tax imposed by
14 subsections (a) and (b) of this Section to below zero.
15 For tax years ending on or after December 31, 1985, the
16 credit shall be allowed for the tax year in which the
17 property is placed in service, or, if the amount of the
18 credit exceeds the tax liability for that year, whether
19 it exceeds the original liability or the liability as
20 later amended, such excess may be carried forward and
21 applied to the tax liability of the 5 taxable years
22 following the excess credit year. The credit shall be
23 applied to the earliest year for which there is a
24 liability. If there is credit from more than one tax year
25 that is available to offset a liability, the credit
26 accruing first in time shall be applied first.
27 (2) The term qualified property means property
28 which:
29 (A) is tangible, whether new or used,
30 including buildings and structural components of
31 buildings;
32 (B) is depreciable pursuant to Section 167 of
33 the Internal Revenue Code, except that "3-year
34 property" as defined in Section 168(c)(2)(A) of that
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1 Code is not eligible for the credit provided by this
2 subsection (f);
3 (C) is acquired by purchase as defined in
4 Section 179(d) of the Internal Revenue Code;
5 (D) is used in the Enterprise Zone by the
6 taxpayer; and
7 (E) has not been previously used in Illinois
8 in such a manner and by such a person as would
9 qualify for the credit provided by this subsection
10 (f) or subsection (e).
11 (3) The basis of qualified property shall be the
12 basis used to compute the depreciation deduction for
13 federal income tax purposes.
14 (4) If the basis of the property for federal income
15 tax depreciation purposes is increased after it has been
16 placed in service in the Enterprise Zone by the taxpayer,
17 the amount of such increase shall be deemed property
18 placed in service on the date of such increase in basis.
19 (5) The term "placed in service" shall have the
20 same meaning as under Section 46 of the Internal Revenue
21 Code.
22 (6) If during any taxable year, any property ceases
23 to be qualified property in the hands of the taxpayer
24 within 48 months after being placed in service, or the
25 situs of any qualified property is moved outside the
26 Enterprise Zone within 48 months after being placed in
27 service, the tax imposed under subsections (a) and (b) of
28 this Section for such taxable year shall be increased.
29 Such increase shall be determined by (i) recomputing the
30 investment credit which would have been allowed for the
31 year in which credit for such property was originally
32 allowed by eliminating such property from such
33 computation, and (ii) subtracting such recomputed credit
34 from the amount of credit previously allowed. For the
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1 purposes of this paragraph (6), a reduction of the basis
2 of qualified property resulting from a redetermination of
3 the purchase price shall be deemed a disposition of
4 qualified property to the extent of such reduction.
5 (g) Jobs Tax Credit; Enterprise Zone and Foreign
6 Trade Zone or Sub-Zone.
7 (1) A taxpayer conducting a trade or business in an
8 enterprise zone or a High Impact Business designated by
9 the Department of Commerce and Community Affairs
10 conducting a trade or business in a federally designated
11 Foreign Trade Zone or Sub-Zone shall be allowed a credit
12 against the tax imposed by subsections (a) and (b) of
13 this Section in the amount of $500 per eligible employee
14 hired to work in the zone during the taxable year.
15 (2) To qualify for the credit:
16 (A) the taxpayer must hire 5 or more eligible
17 employees to work in an enterprise zone or federally
18 designated Foreign Trade Zone or Sub-Zone during the
19 taxable year;
20 (B) the taxpayer's total employment within the
21 enterprise zone or federally designated Foreign
22 Trade Zone or Sub-Zone must increase by 5 or more
23 full-time employees beyond the total employed in
24 that zone at the end of the previous tax year for
25 which a jobs tax credit under this Section was
26 taken, or beyond the total employed by the taxpayer
27 as of December 31, 1985, whichever is later; and
28 (C) the eligible employees must be employed
29 180 consecutive days in order to be deemed hired for
30 purposes of this subsection.
31 (3) An "eligible employee" means an employee who
32 is:
33 (A) Certified by the Department of Commerce
34 and Community Affairs as "eligible for services"
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1 pursuant to regulations promulgated in accordance
2 with Title II of the Job Training Partnership Act,
3 Training Services for the Disadvantaged or Title III
4 of the Job Training Partnership Act, Employment and
5 Training Assistance for Dislocated Workers Program.
6 (B) Hired after the enterprise zone or
7 federally designated Foreign Trade Zone or Sub-Zone
8 was designated or the trade or business was located
9 in that zone, whichever is later.
10 (C) Employed in the enterprise zone or Foreign
11 Trade Zone or Sub-Zone. An employee is employed in
12 an enterprise zone or federally designated Foreign
13 Trade Zone or Sub-Zone if his services are rendered
14 there or it is the base of operations for the
15 services performed.
16 (D) A full-time employee working 30 or more
17 hours per week.
18 (4) For tax years ending on or after December 31,
19 1985 and prior to December 31, 1988, the credit shall be
20 allowed for the tax year in which the eligible employees
21 are hired. For tax years ending on or after December 31,
22 1988, the credit shall be allowed for the tax year
23 immediately following the tax year in which the eligible
24 employees are hired. If the amount of the credit exceeds
25 the tax liability for that year, whether it exceeds the
26 original liability or the liability as later amended,
27 such excess may be carried forward and applied to the tax
28 liability of the 5 taxable years following the excess
29 credit year. The credit shall be applied to the earliest
30 year for which there is a liability. If there is credit
31 from more than one tax year that is available to offset a
32 liability, earlier credit shall be applied first.
33 (5) The Department of Revenue shall promulgate such
34 rules and regulations as may be deemed necessary to carry
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1 out the purposes of this subsection (g).
2 (6) The credit shall be available for eligible
3 employees hired on or after January 1, 1986.
4 (h) Investment credit; High Impact Business.
5 (1) Subject to subsection (b) of Section 5.5 of the
6 Illinois Enterprise Zone Act, a taxpayer shall be allowed
7 a credit against the tax imposed by subsections (a) and
8 (b) of this Section for investment in qualified property
9 which is placed in service by a Department of Commerce
10 and Community Affairs designated High Impact Business.
11 The credit shall be .5% of the basis for such property.
12 The credit shall not be available until the minimum
13 investments in qualified property set forth in Section
14 5.5 of the Illinois Enterprise Zone Act have been
15 satisfied and shall not be allowed to the extent that it
16 would reduce a taxpayer's liability for the tax imposed
17 by subsections (a) and (b) of this Section to below zero.
18 The credit applicable to such minimum investments shall
19 be taken in the taxable year in which such minimum
20 investments have been completed. The credit for
21 additional investments beyond the minimum investment by a
22 designated high impact business shall be available only
23 in the taxable year in which the property is placed in
24 service and shall not be allowed to the extent that it
25 would reduce a taxpayer's liability for the tax imposed
26 by subsections (a) and (b) of this Section to below zero.
27 For tax years ending on or after December 31, 1987, the
28 credit shall be allowed for the tax year in which the
29 property is placed in service, or, if the amount of the
30 credit exceeds the tax liability for that year, whether
31 it exceeds the original liability or the liability as
32 later amended, such excess may be carried forward and
33 applied to the tax liability of the 5 taxable years
34 following the excess credit year. The credit shall be
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1 applied to the earliest year for which there is a
2 liability. If there is credit from more than one tax
3 year that is available to offset a liability, the credit
4 accruing first in time shall be applied first.
5 Changes made in this subdivision (h)(1) by Public
6 Act 88-670 restore changes made by Public Act 85-1182 and
7 reflect existing law.
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;
13 (B) is depreciable pursuant to Section 167 of
14 the Internal Revenue Code, except that "3-year
15 property" as defined in Section 168(c)(2)(A) of that
16 Code is not eligible for the credit provided by this
17 subsection (h);
18 (C) is acquired by purchase as defined in
19 Section 179(d) of the Internal Revenue Code; and
20 (D) is not eligible for the Enterprise Zone
21 Investment Credit provided by subsection (f) of this
22 Section.
23 (3) The basis of qualified property shall be the
24 basis used to compute the depreciation deduction for
25 federal income tax purposes.
26 (4) If the basis of the property for federal income
27 tax depreciation purposes is increased after it has been
28 placed in service in a federally designated Foreign Trade
29 Zone or Sub-Zone located in Illinois by the taxpayer, the
30 amount of such increase shall be deemed property placed
31 in service on the date of such increase in basis.
32 (5) The term "placed in service" shall have the
33 same meaning as under Section 46 of the Internal Revenue
34 Code.
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1 (6) If during any taxable year ending on or before
2 December 31, 1996, any property ceases to be qualified
3 property in the hands of the taxpayer within 48 months
4 after being placed in service, or the situs of any
5 qualified property is moved outside Illinois within 48
6 months after being placed in service, the tax imposed
7 under subsections (a) and (b) of this Section for such
8 taxable year shall be increased. Such increase shall be
9 determined by (i) recomputing the investment credit which
10 would have been allowed for the year in which credit for
11 such property was originally allowed by eliminating such
12 property from such computation, and (ii) subtracting such
13 recomputed credit from the amount of credit previously
14 allowed. For the purposes of this paragraph (6), a
15 reduction of the basis of qualified property resulting
16 from a redetermination of the purchase price shall be
17 deemed a disposition of qualified property to the extent
18 of such reduction.
19 (7) Beginning with tax years ending after December
20 31, 1996, if a taxpayer qualifies for the credit under
21 this subsection (h) and thereby is granted a tax
22 abatement and the taxpayer relocates its entire facility
23 in violation of the explicit terms and length of the
24 contract under Section 18-183 of the Property Tax Code,
25 the tax imposed under subsections (a) and (b) of this
26 Section shall be increased for the taxable year in which
27 the taxpayer relocated its facility by an amount equal to
28 the amount of credit received by the taxpayer under this
29 subsection (h).
30 (i) A credit shall be allowed against the tax imposed by
31 subsections (a) and (b) of this Section for the tax imposed
32 by subsections (c) and (d) of this Section. This credit
33 shall be computed by multiplying the tax imposed by
34 subsections (c) and (d) of this Section by a fraction, the
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1 numerator of which is base income allocable to Illinois and
2 the denominator of which is Illinois base income, and further
3 multiplying the product by the tax rate imposed by
4 subsections (a) and (b) of this Section.
5 Any credit earned on or after December 31, 1986 under
6 this subsection which is unused in the year the credit is
7 computed because it exceeds the tax liability imposed by
8 subsections (a) and (b) for that year (whether it exceeds the
9 original liability or the liability as later amended) may be
10 carried forward and applied to the tax liability imposed by
11 subsections (a) and (b) of the 5 taxable years following the
12 excess credit year. This credit shall be applied first to
13 the earliest year for which there is a liability. If there
14 is a credit under this subsection from more than one tax year
15 that is available to offset a liability the earliest credit
16 arising under this subsection shall be applied first.
17 If, during any taxable year ending on or after December
18 31, 1986, the tax imposed by subsections (c) and (d) of this
19 Section for which a taxpayer has claimed a credit under this
20 subsection (i) is reduced, the amount of credit for such tax
21 shall also be reduced. Such reduction shall be determined by
22 recomputing the credit to take into account the reduced tax
23 imposed by subsection (c) and (d). If any portion of the
24 reduced amount of credit has been carried to a different
25 taxable year, an amended return shall be filed for such
26 taxable year to reduce the amount of credit claimed.
27 (j) Training expense credit. Beginning with tax years
28 ending on or after December 31, 1986, a taxpayer shall be
29 allowed a credit against the tax imposed by subsection (a)
30 and (b) under this Section for all amounts paid or accrued,
31 on behalf of all persons employed by the taxpayer in Illinois
32 or Illinois residents employed outside of Illinois by a
33 taxpayer, for educational or vocational training in
34 semi-technical or technical fields or semi-skilled or skilled
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1 fields, which were deducted from gross income in the
2 computation of taxable income. The credit against the tax
3 imposed by subsections (a) and (b) shall be 1.6% of such
4 training expenses. For partners and for shareholders of
5 subchapter S corporations, there shall be allowed a credit
6 under this subsection (j) to be determined in accordance with
7 the determination of income and distributive share of income
8 under Sections 702 and 704 and subchapter S of the Internal
9 Revenue Code.
10 Any credit allowed under this subsection which is unused
11 in the year the credit is earned may be carried forward to
12 each of the 5 taxable years following the year for which the
13 credit is first computed until it is used. This credit shall
14 be applied first to the earliest year for which there is a
15 liability. If there is a credit under this subsection from
16 more than one tax year that is available to offset a
17 liability the earliest credit arising under this subsection
18 shall be applied first.
19 (k) Research and development credit.
20 Beginning with tax years ending after July 1, 1990, a
21 taxpayer shall be allowed a credit against the tax imposed by
22 subsections (a) and (b) of this Section for increasing
23 research activities in this State. The credit allowed
24 against the tax imposed by subsections (a) and (b) shall be
25 equal to 6 1/2% of the qualifying expenditures for increasing
26 research activities in this State.
27 For purposes of this subsection, "qualifying
28 expenditures" means the qualifying expenditures as defined
29 for the federal credit for increasing research activities
30 which would be allowable under Section 41 of the Internal
31 Revenue Code and which are conducted in this State,
32 "qualifying expenditures for increasing research activities
33 in this State" means the excess of qualifying expenditures
34 for the taxable year in which incurred over qualifying
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1 expenditures for the base period, "qualifying expenditures
2 for the base period" means the average of the qualifying
3 expenditures for each year in the base period, and "base
4 period" means the 3 taxable years immediately preceding the
5 taxable year for which the determination is being made.
6 Any credit in excess of the tax liability for the taxable
7 year may be carried forward. A taxpayer may elect to have the
8 unused credit shown on its final completed return carried
9 over as a credit against the tax liability for the following
10 5 taxable years or until it has been fully used, whichever
11 occurs first.
12 If an unused credit is carried forward to a given year
13 from 2 or more earlier years, that credit arising in the
14 earliest year will be applied first against the tax liability
15 for the given year. If a tax liability for the given year
16 still remains, the credit from the next earliest year will
17 then be applied, and so on, until all credits have been used
18 or no tax liability for the given year remains. Any
19 remaining unused credit or credits then will be carried
20 forward to the next following year in which a tax liability
21 is incurred, except that no credit can be carried forward to
22 a year which is more than 5 years after the year in which the
23 expense for which the credit is given was incurred.
24 Unless extended by law, the credit shall not include
25 costs incurred after December 31, 1999, except for costs
26 incurred pursuant to a binding contract entered into on or
27 before December 31, 1999.
28 (l) Environmental Remediation Tax Credit.
29 (i) For tax years ending after December 31, 1997
30 and on or before December 31, 2001, a taxpayer shall be
31 allowed a credit against the tax imposed by subsections
32 (a) and (b) of this Section for certain amounts paid for
33 unreimbursed eligible remediation costs, as specified in
34 this subsection. For purposes of this Section,
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1 "unreimbursed eligible remediation costs" means costs
2 approved by the Illinois Environmental Protection Agency
3 ("Agency") under Section 58.14 of the Environmental
4 Protection Act that were paid in performing environmental
5 remediation at a site for which a No Further Remediation
6 Letter was issued by the Agency and recorded under
7 Section 58.10 of the Environmental Protection Act, and
8 does not mean approved eligible remediation costs that
9 are at any time deducted under the provisions of the
10 Internal Revenue Code. The credit must be claimed for
11 the taxable year in which Agency approval of the eligible
12 remediation costs is granted. In no event shall
13 unreimbursed eligible remediation costs include any costs
14 taken into account in calculating an environmental
15 remediation credit granted against a tax imposed under
16 the provisions of the Internal Revenue Code. The credit
17 is not available to any taxpayer if the taxpayer or any
18 related party caused or contributed to, in any material
19 respect, a release of regulated substances on, in, or
20 under the site that was identified and addressed by the
21 remedial action pursuant to the Site Remediation Program
22 of the Environmental Protection Act. After the Pollution
23 Control Board rules are adopted pursuant to the Illinois
24 Administrative Procedure Act for the administration and
25 enforcement of Section 58.9 of the Environmental
26 Protection Act, determinations as to credit availability
27 for purposes of this Section shall be made consistent
28 with those rules. For purposes of this Section,
29 "taxpayer" includes a person whose tax attributes the
30 taxpayer has succeeded to under Section 381 of the
31 Internal Revenue Code and "related party" includes the
32 persons disallowed a deduction for losses by paragraphs
33 (b), (c), and (f)(1) of Section 267 of the Internal
34 Revenue Code by virtue of being a related taxpayer, as
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1 well as any of its partners. The credit allowed against
2 the tax imposed by subsections (a) and (b) shall be equal
3 to 25% of the unreimbursed eligible remediation costs in
4 excess of $100,000 per site, except that the $100,000
5 threshold shall not apply to any site contained in an
6 enterprise zone and located in a census tract that is
7 located in a minor civil division and place or county
8 that has been determined by the Department of Commerce
9 and Community Affairs to contain a majority of households
10 consisting of low and moderate income persons. The total
11 credit allowed shall not exceed $40,000 per year with a
12 maximum total of $150,000 per site. For partners and
13 shareholders of subchapter S corporations, there shall be
14 allowed a credit under this subsection to be determined
15 in accordance with the determination of income and
16 distributive share of income under Sections 702 and 704
17 of subchapter S of the Internal Revenue Code.
18 (ii) A credit allowed under this subsection that is
19 unused in the year the credit is earned may be carried
20 forward to each of the 5 taxable years following the year
21 for which the credit is first earned until it is used.
22 The term "unused credit" does not include any amounts of
23 unreimbursed eligible remediation costs in excess of the
24 maximum credit per site authorized under paragraph (i).
25 This credit shall be applied first to the earliest year
26 for which there is a liability. If there is a credit
27 under this subsection from more than one tax year that is
28 available to offset a liability, the earliest credit
29 arising under this subsection shall be applied first. A
30 credit allowed under this subsection may be sold to a
31 buyer as part of a sale of all or part of the remediation
32 site for which the credit was granted. The purchaser of
33 a remediation site and the tax credit shall succeed to
34 the unused credit and remaining carry-forward period of
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1 the seller. To perfect the transfer, the assignor shall
2 record the transfer in the chain of title for the site
3 and provide written notice to the Director of the
4 Illinois Department of Revenue of the assignor's intent
5 to sell the remediation site and the amount of the tax
6 credit to be transferred as a portion of the sale. In no
7 event may a credit be transferred to any taxpayer if the
8 taxpayer or a related party would not be eligible under
9 the provisions of subsection (i).
10 (iii) For purposes of this Section, the term "site"
11 shall have the same meaning as under Section 58.2 of the
12 Environmental Protection Act.
13 (Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96;
14 89-591, eff. 8-1-96; 90-123, eff. 7-21-97; 90-458, eff.
15 8-17-97; revised 10-16-97.)
16 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
17 Sec. 901. Collection Authority.
18 (a) In general.
19 The Department shall collect the taxes imposed by this
20 Act. The Department shall collect certified past due child
21 support amounts under Section 39b52 of the Civil
22 Administrative Code of Illinois. Except as provided in
23 subsections (c) and (e) of this Section, money collected
24 pursuant to subsections (a) and (b) of Section 201 of this
25 Act shall be paid into the General Revenue Fund in the State
26 treasury; money collected pursuant to subsections (c) and (d)
27 of Section 201 of this Act shall be paid into the Personal
28 Property Tax Replacement Fund, a special fund in the State
29 Treasury; and money collected under Section 39b52 of the
30 Civil Administrative Code of Illinois shall be paid into the
31 Child Support Enforcement Trust Fund, a special fund outside
32 the State Treasury.
33 (b) Local Governmental Distributive Fund.
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1 Beginning August 1, 1969, and continuing through June 30,
2 1994, the Treasurer shall transfer each month from the
3 General Revenue Fund to a special fund in the State treasury,
4 to be known as the "Local Government Distributive Fund", an
5 amount equal to 1/12 of the net revenue realized from the tax
6 imposed by subsections (a) and (b) of Section 201 of this Act
7 during the preceding month. Beginning July 1, 1994, and
8 continuing through June 30, 1995, the Treasurer shall
9 transfer each month from the General Revenue Fund to the
10 Local Government Distributive Fund an amount equal to 1/11 of
11 the net revenue realized from the tax imposed by subsections
12 (a) and (b) of Section 201 of this Act during the preceding
13 month. Beginning July 1, 1995, the Treasurer shall transfer
14 each month from the General Revenue Fund to the Local
15 Government Distributive Fund an amount equal to 1/10 of the
16 net revenue realized from the tax imposed by subsections (a)
17 and (b) of Section 201 of the Illinois Income Tax Act during
18 the preceding month. Net revenue realized for a month shall
19 be defined as the revenue from the tax imposed by subsections
20 (a) and (b) of Section 201 of this Act which is deposited in
21 the General Revenue Fund, the Educational Assistance Fund and
22 the Income Tax Surcharge Local Government Distributive Fund
23 during the month minus the amount paid out of the General
24 Revenue Fund in State warrants during that same month as
25 refunds to taxpayers for overpayment of liability under the
26 tax imposed by subsections (a) and (b) of Section 201 of this
27 Act.
28 (c) Deposits Into Income Tax Refund Fund.
29 (1) Beginning on January 1, 1989 and thereafter,
30 the Department shall deposit a percentage of the amounts
31 collected pursuant to subsections (a) and (b)(1), (2),
32 and (3), of Section 201 of this Act into a fund in the
33 State treasury known as the Income Tax Refund Fund. The
34 Department shall deposit 6% of such amounts during the
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1 period beginning January 1, 1989 and ending on June 30,
2 1989. Beginning with State fiscal year 1990 and for each
3 fiscal year thereafter, the percentage deposited into the
4 Income Tax Refund Fund during a fiscal year shall be the
5 Annual Percentage. The Annual Percentage shall be
6 calculated as a fraction, the numerator of which shall be
7 the amount of refunds approved for payment by the
8 Department during the preceding fiscal year as a result
9 of overpayment of tax liability under subsections (a) and
10 (b)(1), (2), and (3) of Section 201 of this Act plus the
11 amount of such refunds remaining approved but unpaid at
12 the end of the preceding fiscal year minus any surplus
13 which remains on deposit in the Income Tax Refund Fund at
14 the end of the preceding year, the denominator of which
15 shall be the amounts which will be collected pursuant to
16 subsections (a) and (b)(1), (2), and (3) of Section 201
17 of this Act during the preceding fiscal year. The
18 Director of Revenue shall certify the Annual Percentage
19 to the Comptroller on the last business day of the fiscal
20 year immediately preceding the fiscal year for which it
21 is it to be effective.
22 (2) 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)(6), (7),
25 and (8), (c) and (d) of Section 201 of this Act into a
26 fund in the State treasury known as the Income Tax Refund
27 Fund. The Department shall deposit 18% of such amounts
28 during the period beginning January 1, 1989 and ending on
29 June 30, 1989. Beginning with State fiscal year 1990 and
30 for each fiscal year thereafter, the percentage deposited
31 into the Income Tax Refund Fund during a fiscal year
32 shall be the Annual Percentage. The Annual Percentage
33 shall be calculated as a fraction, the numerator of which
34 shall be the amount of refunds approved for payment by
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1 the Department during the preceding fiscal year as a
2 result of overpayment of tax liability under subsections
3 (a) and (b)(6), (7), and (8), (c) and (d) of Section 201
4 of this Act plus the amount of such refunds remaining
5 approved but unpaid at the end of the preceding fiscal
6 year, the denominator of which shall be the amounts which
7 will be collected pursuant to subsections (a) and (b)(6),
8 (7), and (8), (c) and (d) of Section 201 of this Act
9 during the preceding fiscal year. The Director of
10 Revenue shall certify the Annual Percentage to the
11 Comptroller on the last business day of the fiscal year
12 immediately preceding the fiscal year for which it is to
13 be effective.
14 (d) Expenditures from Income Tax Refund Fund.
15 (1) Beginning January 1, 1989, money in the Income
16 Tax Refund Fund shall be expended exclusively for the
17 purpose of paying refunds resulting from overpayment of
18 tax liability under Section 201 of this Act and for
19 making transfers pursuant to this subsection (d).
20 (2) The Director shall order payment of refunds
21 resulting from overpayment of tax liability under Section
22 201 of this Act from the Income Tax Refund Fund only to
23 the extent that amounts collected pursuant to Section 201
24 of this Act and transfers pursuant to this subsection (d)
25 have been deposited and retained in the Fund.
26 (3) On the last business day of each fiscal year,
27 the Director shall order transferred and the State
28 Treasurer and State Comptroller shall transfer from the
29 Income Tax Refund Fund to the Personal Property Tax
30 Replacement Fund an amount, certified by the Director to
31 the Comptroller, equal to the excess of the amount
32 collected pursuant to subsections (c) and (d) of Section
33 201 of this Act deposited into the Income Tax Refund Fund
34 during the fiscal year over the amount of refunds
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1 resulting from overpayment of tax liability under
2 subsections (c) and (d) of Section 201 of this Act paid
3 from the Income Tax Refund Fund during the fiscal year.
4 (4) On the last business day of each fiscal year,
5 the Director shall order transferred and the State
6 Treasurer and State Comptroller shall transfer from the
7 Personal Property Tax Replacement Fund to the Income Tax
8 Refund Fund an amount, certified by the Director to the
9 Comptroller, equal to the excess of the amount of refunds
10 resulting from overpayment of tax liability under
11 subsections (c) and (d) of Section 201 of this Act paid
12 from the Income Tax Refund Fund during the fiscal year
13 over the amount collected pursuant to subsections (c) and
14 (d) of Section 201 of this Act deposited into the Income
15 Tax Refund Fund during the fiscal year.
16 (5) This Act shall constitute an irrevocable and
17 continuing appropriation from the Income Tax Refund Fund
18 for the purpose of paying refunds upon the order of the
19 Director in accordance with the provisions of this
20 Section.
21 (e) Deposits into the Education Assistance Fund and the
22 Income Tax Surcharge Local Government Distributive Fund.
23 On July 1, 1991, and thereafter, of the amounts collected
24 pursuant to subsections (a) and (b) of Section 201 of this
25 Act, minus deposits into the Income Tax Refund Fund, the
26 Department shall deposit 7.3% into the Education Assistance
27 Fund in the State Treasury. Beginning July 1, 1991, and
28 continuing through January 31, 1993, of the amounts collected
29 pursuant to subsections (a) and (b) of Section 201 of the
30 Illinois Income Tax Act, minus deposits into the Income Tax
31 Refund Fund, the Department shall deposit 3.0% into the
32 Income Tax Surcharge Local Government Distributive Fund in
33 the State Treasury. Beginning February 1, 1993 and
34 continuing through June 30, 1993, of the amounts collected
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1 pursuant to subsections (a) and (b) of Section 201 of the
2 Illinois Income Tax Act, minus deposits into the Income Tax
3 Refund Fund, the Department shall deposit 4.4% into the
4 Income Tax Surcharge Local Government Distributive Fund in
5 the State Treasury. Beginning July 1, 1993, and continuing
6 through June 30, 1994, of the amounts collected under
7 subsections (a) and (b) of Section 201 of this Act, minus
8 deposits into the Income Tax Refund Fund, the Department
9 shall deposit 1.475% into the Income Tax Surcharge Local
10 Government Distributive Fund in the State Treasury.
11 (Source: P.A. 88-89; 89-6, eff. 12-31-95; revised 12-18-97.)
12 Section 42. The Service Use Tax Act is amended by
13 changing Section 15 as follows:
14 (35 ILCS 110/15) (from Ch. 120, par. 439.45)
15 Sec. 15. When the amount due is under $300, any person
16 subject to the provisions hereof who fails to file a return,
17 or who violates any other provision of Section 9 or Section
18 10 hereof, or who fails to keep books and records as required
19 herein, or who files a fraudulent return, or who wilfully
20 violates any Rule or Regulation of the Department for the
21 administration and enforcement of the provisions hereof, or
22 any officer or agent of a corporation, or manager, member, or
23 agent of a limited liability company, subject hereto who
24 signs a fraudulent return filed on behalf of such corporation
25 or limited liability company, or any accountant or other
26 agent who knowingly enters false information on the return of
27 any taxpayer under this Act, or any person who violates any
28 of the provisions of Sections 3 and 5 hereof, or any
29 purchaser who obtains a registration number or resale number
30 from the Department through misrepresentation, or who
31 represents to a seller that such purchaser has a registration
32 number or a resale number from the Department when he knows
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1 that he does not, or who uses his registration number or
2 resale number to make a seller believe that he is buying
3 tangible personal property for resale when such purchaser in
4 fact knows that this is not the case, is guilty of a Class 4
5 felony.
6 Any person who violates any provision of Section 6
7 hereof, or who engages in the business of making sales of
8 service after his Certificate of Registration under this Act
9 has been revoked in accordance with Section 12 of this Act,
10 is guilty of a Class 4 felony. Each day any such person is
11 engaged in business in violation of Section 6, or after his
12 Certificate of Registration under this Act has been revoked,
13 constitutes a separate offense.
14 When the amount due is under $300, any person who accepts
15 money that is due to the Department under this Act from a
16 taxpayer for the purpose of acting as the taxpayer's agent to
17 make the payment to the Department, but who fails to remit
18 such payment to the Department when due is guilty of a Class
19 4 felony. Any such person who purports to make such payment
20 by issuing or delivering a check or other order upon a real
21 or fictitious depository for the payment of money, knowing
22 that it will not be paid by the depository, shall be guilty
23 of a deceptive practice in violation of Section 17-1 of the
24 Criminal Code of 1961, as amended.
25 When the amount due is $300 or more, any person subject
26 to the provisions hereof who fails to file a return, or who
27 violates any other provision of Section 9 or Section 10
28 hereof, or who fails to keep books and records as required
29 herein or who files a fraudulent return, or who willfully
30 violates any rule or regulation of the Department for the
31 administration and enforcement of the provisions hereof, or
32 any officer or agent of a corporation, or manager, member, or
33 agent of a limited liability company, subject hereto who
34 signs a fraudulent return filed on behalf of such corporation
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1 or limited liability company, or any accountant or other
2 agent who knowingly enters false information on the return of
3 any taxpayer under this Act, or any person who violates any
4 of the provisions of Sections 3 and 5 hereof, or any
5 purchaser who obtains a registration number or resale number
6 from the Department through misrepresentation, or who
7 represents to a seller that such purchaser has a registration
8 number or a resale number from the Department when he knows
9 that he does not, or who uses his registration number or
10 resale number to make a seller believe that he is is a buying
11 tangible personal property for resale when such purchaser in
12 fact knows that this is not the case, is guilty of a Class 3
13 felony.
14 When the amount due is $300 or more, any person who
15 accepts money that is due to the Department under this Act
16 from a taxpayer for the purpose of acting as the taxpayer's
17 agent to make the payment to the Department, but who fails to
18 remit such payment to the Department when due is guilty of a
19 Class 3 felony. Any such person who purports to make such
20 payment by issuing or delivering a check or other order upon
21 a real or fictitious depository for the payment of money,
22 knowing that it will not be paid by the depository, shall be
23 guilty of a deceptive practice in violation of Section 17-1
24 of the Criminal Code of 1961, as amended.
25 Any serviceman who collects or attempts to collect
26 Service Use Tax measured by receipts or selling prices which
27 such serviceman knows are not subject to Service Use Tax, or
28 any serviceman who knowingly over-collects or attempts to
29 over-collect Service Use Tax in a transaction which is
30 subject to the tax that is imposed by this Act, shall be
31 guilty of a Class 4 felony for each offense. This paragraph
32 does not apply to an amount collected by the serviceman as
33 Service Use Tax on receipts or selling prices which are
34 subject to tax under this Act as long as such collection is
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1 made in compliance with the tax collection brackets
2 prescribed by the Department in its Rules and Regulations.
3 Any taxpayer or agent of a taxpayer who with the intent
4 to defraud purports to make a payment due to the Department
5 by issuing or delivering a check or other order upon a real
6 or fictitious depository for the payment of money, knowing
7 that it will not be paid by the depository, shall be guilty
8 of a deceptive practice in violation of Section 17-1 of the
9 Criminal Code of 1961, as amended.
10 A prosecution for any Act in violation of this Section
11 may be commenced at any time within 3 years of the commission
12 of that Act.
13 This Section does not apply if the violation in a
14 particular case also constitutes a criminal violation of the
15 Retailers' Occupation Tax Act, the Use Tax Act or the Service
16 Occupation Tax Act.
17 (Source: P.A. 88-480; revised 12-18-97.)
18 Section 43. The Property Tax Code is amended by changing
19 Sections 14-15, 15-35, 15-172, 15-175, 15-180, 18-165,
20 18-185, 19-60, 20-160, 21-260, 21-315, and 22-90 as follows:
21 (35 ILCS 200/14-15)
22 Sec. 14-15. Certificate of error; counties of 3,000,000
23 or more.
24 (a) In counties with 3,000,000 or more inhabitants, if,
25 at any time before judgment is rendered in any proceeding to
26 collect or to enjoin the collection of taxes based upon any
27 assessment of any property belonging to any taxpayer, the
28 county assessor discovers an error or mistake in the
29 assessment, the assessor shall execute a certificate setting
30 forth the nature and cause of the error. The certificate
31 when endorsed by the county assessor, or when endorsed by the
32 county assessor and board of appeals (until the first Monday
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1 in December 1998 and the board of review beginning the first
2 Monday in December 1998 and thereafter) where the certificate
3 is executed for any assessment which was the subject of a
4 complaint filed in the board of appeals (until the first
5 Monday in December 1998 and the board of review beginning the
6 first Monday in December 1998 and thereafter) for the tax
7 year for which the certificate is issued, may be received in
8 evidence in any court of competent jurisdiction. When so
9 introduced in evidence such certificate shall become a part
10 of the court records, and shall not be removed from the files
11 except upon the order of the court.
12 A certificate executed under this Section may be issued
13 to the person erroneously assessed. A certificate executed
14 under this Section or a list of the parcels for which
15 certificates have been issued may be presented by the
16 assessor to the court as an objection in the application for
17 judgment and order of sale for the year in relation to which
18 the certificate is made. The State's Attorney of the county
19 in which the property is situated shall mail a copy of any
20 final judgment entered by the court regarding the certificate
21 to the taxpayer of record for the year in question.
22 Any unpaid taxes after the entry of the final judgment by
23 the court on certificates issued under this Section may be
24 included in a special tax sale, provided that an
25 advertisement is published and a notice is mailed to the
26 person in whose name the taxes were last assessed, in a form
27 and manner substantially similar to the advertisement and
28 notice required under Sections 21-110 and 21-135. The
29 advertisement and sale shall be subject to all provisions of
30 law regulating the annual advertisement and sale of
31 delinquent property, to the extent that those provisions may
32 be made applicable.
33 A certificate of error executed under this Section
34 allowing homestead exemptions under Sections 15-170, 15-172,
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1 and 15-175 of this Act (formerly Sections 19.23-1 and
2 19.23-1a of the Revenue Act of 1939) not previously allowed
3 shall be given effect by the county treasurer, who shall mark
4 the tax books and, upon receipt of the following certificate
5 from the county assessor, shall issue refunds to the taxpayer
6 accordingly:
7 "CERTIFICATION
8 I, .................., county assessor, hereby certify
9 that the Certificates of Error set out on the attached
10 list have been duly issued to allow homestead exemptions
11 pursuant to Sections 15-170, 15-172, and 15-175 of the
12 Property Tax Code (formerly Sections 19.23-1 and 19.23-1a
13 of the Revenue Act of 1939) which should have been
14 previously allowed; and that a certified copy of the
15 attached list and this certification have been served
16 upon the county State's Attorney."
17 The county treasurer has the power to mark the tax books
18 to reflect the issuance of homestead certificates of error
19 issued to and including 3 years after the date on which the
20 annual judgment and order of sale for that tax year was first
21 entered. The county treasurer has the power to issue refunds
22 to the taxpayer as set forth above until all refunds
23 authorized by this Section have been completed.
24 The county treasurer has no power to issue refunds to the
25 taxpayer as set forth above unless the Certification set out
26 in this Section has been served upon the county State's
27 Attorney.
28 (b) Nothing in subsection (a) of this Section shall be
29 construed to prohibit the execution, endorsement, issuance,
30 and adjudication of a certificate of error if (i) the annual
31 judgment and order of sale for the tax year in question is
32 reopened for further proceedings upon consent of the county
33 collector and county assessor, represented by the State's
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1 Attorney, and (ii) a new final judgment is subsequently
2 entered pursuant to the certificate. This subsection (b)
3 shall be construed as declarative of existing law and not as
4 a new enactment.
5 (c) No certificate of error, other than a certificate to
6 establish an exemption under Section 14-25, shall be executed
7 for any tax year more than 3 years after the date on which
8 the annual judgment and order of sale for that tax year was
9 first entered.
10 (d) The time limitation of subsection (c) shall not
11 apply to a certificate of error correcting an assessment to
12 $1, under Section 10-35, on a parcel that a subdivision or
13 planned development has acquired by adverse possession, if
14 during the tax year for which the certificate is executed the
15 subdivision or planned development used the parcel as common
16 area, as defined in Section 10-35, and if application for the
17 certificate of error is made prior to December 1, 31, 1997.
18 (Source: P.A. 89-126, eff. 7-11-95; 89-671, eff. 8-14-96;
19 90-4, eff. 3-7-97; 90-288, eff. 8-1-97; revised 10-21-97.)
20 (35 ILCS 200/15-35)
21 Sec. 15-35. Schools. All property donated by the United
22 States for school purposes, and all property of schools, not
23 sold or leased or otherwise used with a view to profit, is
24 exempt, whether owned by a resident or non-resident of this
25 State or by a corporation incorporated in any state of the
26 United States. Also exempt is:
27 (a) property of schools which is leased to a
28 municipality to be used for municipal purposes on a
29 not-for-profit basis;,
30 (b) property of schools on which the schools are
31 located and any other property of schools used by the
32 schools exclusively for school purposes, including, but
33 not limited to, student residence halls, dormitories and
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1 other housing facilities for students and their spouses
2 and children, staff housing facilities, and school-owned
3 and operated dormitory or residence halls occupied in
4 whole or in part by students who belong to fraternities,
5 sororities, or other campus organizations;.
6 (c) property donated, granted, received or used for
7 public school, college, theological seminary, university,
8 or other educational purposes, whether held in trust or
9 absolutely; and,
10 (d) in counties with more than 200,000 inhabitants
11 which classify property, property (including interests in
12 land and other facilities) on or adjacent to (even if
13 separated by a public street, alley, sidewalk, parkway or
14 other public way) the grounds of a school, if that
15 property is used by an academic, research or professional
16 society, institute, association or organization which
17 serves the advancement of learning in a field or fields
18 of study taught by the school and which property is not
19 used with a view to profit.
20 (Source: P.A. 83-1226; 88-455; revised 3-31-97.)
21 (35 ILCS 200/15-172)
22 Sec. 15-172. Senior Citizens Assessment Freeze Homestead
23 Exemption.
24 (a) This Section may be cited as the Senior Citizens
25 Assessment Freeze Homestead Exemption.
26 (b) As used in this Section:
27 "Applicant" means an individual who has filed an
28 application under this Section.
29 "Base amount" means the base year equalized assessed
30 value of the residence plus the first year's equalized
31 assessed value of any added improvements which increased the
32 assessed value of the residence after the base year.
33 "Base year" means the taxable year prior to the taxable
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1 year for which the applicant first qualifies and applies for
2 the exemption provided that in the prior taxable year the
3 property was improved with a permanent structure that was
4 occupied as a residence by the applicant who was liable for
5 paying real property taxes on the property and who was either
6 (i) an owner of record of the property or had legal or
7 equitable interest in the property as evidenced by a written
8 instrument or (ii) had a legal or equitable interest as a
9 lessee in the parcel of property that was single family
10 residence.
11 "Chief County Assessment Officer" means the County
12 Assessor or Supervisor of Assessments of the county in which
13 the property is located.
14 "Equalized assessed value" means the assessed value as
15 equalized by the Illinois Department of Revenue.
16 "Household" means the applicant, the spouse of the
17 applicant, and all persons using the residence of the
18 applicant as their principal place of residence.
19 "Household income" means the combined income of the
20 members of a household for the calendar year preceding the
21 taxable year.
22 "Income" has the same meaning as provided in Section 3.07
23 of the Senior Citizens and Disabled Persons Property Tax
24 Relief and Pharmaceutical Assistance Act.
25 "Internal Revenue Code of 1986" means the United States
26 Internal Revenue Code of 1986 or any successor law or laws
27 relating to federal income taxes in effect for the year
28 preceding the taxable year.
29 "Life care facility that qualifies as a cooperative"
30 means a facility as defined in Section 2 of the Life Care
31 Facilities Act.
32 "Residence" means the principal dwelling place and
33 appurtenant structures used for residential purposes in this
34 State occupied on January 1 of the taxable year by a
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1 household and so much of the surrounding land, constituting
2 the parcel upon which the dwelling place is situated, as is
3 used for residential purposes. If the Chief County Assessment
4 Officer has established a specific legal description for a
5 portion of property constituting the residence, then that
6 portion of property shall be deemed the residence for the
7 purposes of this Section.
8 "Taxable year" means the calendar year during which ad
9 valorem property taxes payable in the next succeeding year
10 are levied.
11 (c) Beginning in taxable year 1994, a senior citizens
12 assessment freeze homestead exemption is granted for real
13 property that is improved with a permanent structure that is
14 occupied as a residence by an applicant who (i) is 65 years
15 of age or older during the taxable year, (ii) has a household
16 income of $35,000 or less, (iii) is liable for paying real
17 property taxes on the property, and (iv) is an owner of
18 record of the property or has a legal or equitable interest
19 in the property as evidenced by a written instrument. This
20 homestead exemption shall also apply to a leasehold interest
21 in a parcel of property improved with a permanent structure
22 that is a single family residence that is occupied as a
23 residence by a person who (i) is 65 years of age or older
24 during the taxable year, (ii) has a household income of
25 $35,000 or less, (iii) has a legal or equitable ownership
26 interest in the property as lessee, and (iv) is liable for
27 the payment of real property taxes on that property.
28 The amount of this exemption shall be the equalized
29 assessed value of the residence in the taxable year for which
30 application is made minus the base amount.
31 When the applicant is a surviving spouse of an applicant
32 for a prior year for the same residence for which an
33 exemption under this Section has been granted, the base year
34 and base amount for that residence are the same as for the
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1 applicant for the prior year.
2 Each year at the time the assessment books are certified
3 to the County Clerk, the Board of Review or Board of Appeals
4 shall give to the County Clerk a list of the assessed values
5 of improvements on each parcel qualifying for this exemption
6 that were added after the base year for this parcel and that
7 increased the assessed value of the property.
8 In the case of land improved with an apartment building
9 owned and operated as a cooperative or a building that is a
10 life care facility that qualifies as a cooperative, the
11 maximum reduction from the equalized assessed value of the
12 property is limited to the sum of the reductions calculated
13 for each unit occupied as a residence by a person or persons
14 65 years of age or older with a household income of $35,000
15 or less who is liable, by contract with the owner or owners
16 of record, for paying real property taxes on the property and
17 who is an owner of record of a legal or equitable interest in
18 the cooperative apartment building, other than a leasehold
19 interest. In the instance of a cooperative where a homestead
20 exemption has been granted under this Section, the
21 cooperative association or its management firm shall credit
22 the savings resulting from that exemption only to the
23 apportioned tax liability of the owner who qualified for the
24 exemption. Any person who willfully refuses to credit that
25 savings to an owner who qualifies for the exemption is guilty
26 of a Class B misdemeanor.
27 When a homestead exemption has been granted under this
28 Section and an applicant then becomes a resident of a
29 facility licensed under the Nursing Home Care Act, the
30 exemption shall be granted in subsequent years so long as the
31 residence (i) continues to be occupied by the qualified
32 applicant's spouse or (ii) if remaining unoccupied, is still
33 owned by the qualified applicant for the homestead exemption.
34 Beginning January 1, 1997, when an individual dies who
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1 would have qualified for an exemption under this Section, and
2 the surviving spouse does not independently qualify for this
3 exemption because of age, the exemption under this Section
4 shall be granted to the surviving spouse for the taxable year
5 preceding and the taxable year of the death, provided that,
6 except for age, the surviving spouse meets all other
7 qualifications for the granting of this exemption for those
8 years.
9 When married persons maintain separate residences, the
10 exemption provided for in this Section may be claimed by only
11 one of such persons and for only one residence.
12 For taxable year 1994 only, in counties having less than
13 3,000,000 inhabitants, to receive the exemption, a person
14 shall submit an application by February 15, 1995 to the Chief
15 County Assessment Officer of the county in which the property
16 is located. In counties having 3,000,000 or more
17 inhabitants, for taxable year 1994 and all subsequent taxable
18 years, to receive the exemption, a person may submit an
19 application to the Chief County Assessment Officer of the
20 county in which the property is located during such period as
21 may be specified by the Chief County Assessment Officer. The
22 Chief County Assessment Officer in counties of 3,000,000 or
23 more inhabitants shall annually give notice of the
24 application period by mail or by publication. In counties
25 having less than 3,000,000 inhabitants, beginning with
26 taxable year 1995 and thereafter, to receive the exemption, a
27 person shall submit an application by July 1 of each taxable
28 year to the Chief County Assessment Officer of the county in
29 which the property is located. A county may, by ordinance,
30 establish a date for submission of applications that is
31 different than July 1. The applicant shall submit with the
32 application an affidavit of the applicant's total household
33 income, age, marital status (and if married the name and
34 address of the applicant's spouse, if known), and principal
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1 dwelling place of members of the household on January 1 of
2 the taxable year. The Department shall establish, by rule, a
3 method for verifying the accuracy of affidavits filed by
4 applicants under this Section. The applications shall be
5 clearly marked as applications for the Senior Citizens
6 Assessment Freeze Homestead Exemption.
7 Notwithstanding any other provision to the contrary, in
8 counties having fewer than 3,000,000 inhabitants, if an
9 applicant fails to file the application required by this
10 Section in a timely manner and this failure to file is due to
11 a mental or physical condition sufficiently severe so as to
12 render the applicant incapable of filing the application in a
13 timely manner, the Chief County Assessment Officer may extend
14 the filing deadline for a period of 30 days after the
15 applicant regains the capability to file the application, but
16 in no case may the filing deadline be extended beyond 3
17 months of the original filing deadline. In order to receive
18 the extension provided in this paragraph, the applicant shall
19 provide the Chief County Assessment Officer with a signed
20 statement from the applicant's physician stating the nature
21 and extent of the condition, that, in the physician's
22 opinion, the condition was so severe that it rendered the
23 applicant incapable of filing the application in a timely
24 manner, and the date on which the applicant regained the
25 capability to file the application.
26 Beginning January 1, 1998, notwithstanding any other
27 provision to the contrary, in counties having fewer than
28 3,000,000 inhabitants, if an applicant fails to file the
29 application required by this Section in a timely manner and
30 this failure to file is due to a mental or physical condition
31 sufficiently severe so as to render the applicant incapable
32 of filing the application in a timely manner, the Chief
33 County Assessment Officer may extend the filing deadline for
34 a period of 3 months. In order to receive the extension
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1 provided in this paragraph, the applicant shall provide the
2 Chief County Assessment Officer with a signed statement from
3 the applicant's physician stating the nature and extent of
4 the condition, and that, in the physician's opinion, the
5 condition was so severe that it rendered the applicant
6 incapable of filing the application in a timely manner.
7 In counties having less than 3,000,000 inhabitants, if an
8 applicant was denied an exemption in taxable year 1994 and
9 the denial occurred due to an error on the part of an
10 assessment official, or his or her agent or employee, then
11 beginning in taxable year 1997 the applicant's base year, for
12 purposes of determining the amount of the exemption, shall be
13 1993 rather than 1994. In addition, in taxable year 1997, the
14 applicant's exemption shall also include an amount equal to
15 (i) the amount of any exemption denied to the applicant in
16 taxable year 1995 as a result of using 1994, rather than
17 1993, as the base year, (ii) the amount of any exemption
18 denied to the applicant in taxable year 1996 as a result of
19 using 1994, rather than 1993, as the base year, and (iii) the
20 amount of the exemption erroneously denied for taxable year
21 1994.
22 For purposes of this Section, a person who will be 65
23 years of age during the current taxable year shall be
24 eligible to apply for the homestead exemption during that
25 taxable year. Application shall be made during the
26 application period in effect for the county of his or her
27 residence.
28 The Chief County Assessment Officer may determine the
29 eligibility of a life care facility that qualifies as a
30 cooperative to receive the benefits provided by this Section
31 by use of an affidavit, application, visual inspection,
32 questionnaire, or other reasonable method in order to insure
33 that the tax savings resulting from the exemption are
34 credited by the management firm to the apportioned tax
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1 liability of each qualifying resident. The Chief County
2 Assessment Officer may request reasonable proof that the
3 management firm has so credited that exemption.
4 Except as provided in this Section, all information
5 received by the chief county assessment officer or the
6 Department from applications filed under this Section, or
7 from any investigation conducted under the provisions of this
8 Section, shall be confidential, except for official purposes
9 or pursuant to official procedures for collection of any
10 State or local tax or enforcement of any civil or criminal
11 penalty or sanction imposed by this Act or by any statute or
12 ordinance imposing a State or local tax. Any person who
13 divulges any such information in any manner, except in
14 accordance with a proper judicial order, is guilty of a Class
15 A misdemeanor.
16 Nothing contained in this Section shall prevent the
17 Director or chief county assessment officer from publishing
18 or making available reasonable statistics concerning the
19 operation of the exemption contained in this Section in which
20 the contents of claims are grouped into aggregates in such a
21 way that information contained in any individual claim shall
22 not be disclosed.
23 (d) Each Chief County Assessment Officer shall annually
24 publish a notice of availability of the exemption provided
25 under this Section. The notice shall be published at least
26 60 days but no more than 75 days prior to the date on which
27 the application must be submitted to the Chief County
28 Assessment Officer of the county in which the property is
29 located. The notice shall appear in a newspaper of general
30 circulation in the county.
31 (Source: P.A. 89-62, eff. 1-1-96; 89-426, eff. 6-1-96;
32 89-557, eff. 1-1-97; 89-581, eff. 1-1-97; 89-626, eff.
33 8-9-96; 90-14, eff. 7-1-97; 90-204, eff. 7-25-97; 90-523,
34 eff. 11-13-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98;
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1 revised 12-23-97.)
2 (35 ILCS 200/15-175)
3 Sec. 15-175. General homestead exemption. Homestead
4 property is entitled to an annual homestead exemption
5 limited, except as described here with relation to
6 cooperatives, to a reduction in the equalized assessed value
7 of homestead property equal to the increase in equalized
8 assessed value for the current assessment year above the
9 equalized assessed value of the property for 1977, up to the
10 maximum reduction set forth below. If however, the 1977
11 equalized assessed value upon which taxes were paid is
12 subsequently determined by local assessing officials, the
13 Property Tax Appeal Board, or a court to have been excessive,
14 the equalized assessed value which should have been placed on
15 the property for 1977 shall be used to determine the amount
16 of the exemption.
17 The maximum reduction shall be $4,500 in counties with
18 3,000,000 or more inhabitants and $3,500 in all other
19 counties.
20 In counties with fewer than 3,000,000 inhabitants, if,
21 based on the most recent assessment, the equalized assessed
22 value of the homestead property for the current assessment
23 year is greater than the equalized assessed value of the
24 property for 1977, the owner of the property shall
25 automatically receive the exemption granted under this
26 Section in an amount equal to the increase over the 1977
27 assessment up to the maximum reduction set forth in this
28 Section.
29 "Homestead property" under this Section includes
30 residential property that is occupied by its owner or owners
31 as his or their principal dwelling place, or that is a
32 leasehold interest on which a single family residence is
33 situated, which is occupied as a residence by a person who
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1 has an ownership interest therein, legal or equitable or as a
2 lessee, and on which the person is liable for the payment of
3 property taxes. For land improved with an apartment building
4 owned and operated as a cooperative or a building which is a
5 life care facility as defined in Section 15-170 and
6 considered to be a cooperative under Section 15-170, the
7 maximum reduction from the equalized assessed value shall be
8 limited to the increase in the value above the equalized
9 assessed value of the property for 1977, up to the maximum
10 reduction set forth above, multiplied by the number of
11 apartments or units occupied by a person or persons who is
12 liable, by contract with the owner or owners of record, for
13 paying property taxes on the property and is an owner of
14 record of a legal or equitable interest in the cooperative
15 apartment building, other than a leasehold interest. For
16 purposes of this Section, the term "life care facility" has
17 the meaning stated in Section 15-170.
18 In a cooperative where a homestead exemption has been
19 granted, the cooperative association or its management firm
20 shall credit the savings resulting from that exemption only
21 to the apportioned tax liability of the owner who qualified
22 for the exemption. Any person who willfully refuses to so
23 credit the savings shall be guilty of a Class B misdemeanor.
24 Where married persons maintain and reside in separate
25 residences qualifying as homestead property, each residence
26 shall receive 50% of the total reduction in equalized
27 assessed valuation provided by this Section.
28 In counties with more than 3,000,000 inhabitants, the
29 assessor, or chief county assessment officer may determine
30 the eligibility of residential property to receive the
31 homestead exemption by application, visual inspection,
32 questionnaire or other reasonable methods. The determination
33 shall be made in accordance with guidelines established by
34 the Department. In counties with fewer than 3,000,000
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1 inhabitants, in the event of a sale of homestead property the
2 homestead exemption shall remain in effect for the remainder
3 of the assessment year of the sale. The assessor or chief
4 county assessment officer may require the new owner of the
5 property to apply for the homestead exemption for the
6 following assessment year.
7 (Source: P.A. 90-368, eff. 1-1-98; 90-552, eff. 12-12-97;
8 revised 1-6-98.)
9 (35 ILCS 200/15-180)
10 Sec. 15-180. Homestead improvements. Homestead
11 properties that have been improved and residential structures
12 on homestead property that have been rebuilt following a
13 catastrophic event are entitled to a homestead improvement
14 exemption, limited to $30,000 per year through December 31,
15 1997, and $45,000 beginning January 1, 1998 and thereafter,
16 in fair cash value, when that property is owned and used
17 exclusively for a residential purpose and upon demonstration
18 that a proposed increase in assessed value is attributable
19 solely to a new improvement of an existing structure or the
20 rebuilding of a residential structure following a
21 catastrophic event. To be eligible for an exemption under
22 this Section after a catastrophic event, the residential
23 structure must be rebuilt within 2 years after the
24 catastrophic event. The exemption for rebuilt structures
25 under this Section applies to the increase in value of the
26 rebuilt structure over the value of the structure before the
27 catastrophic event. The amount of the exemption shall be
28 limited to the fair cash value added by the new improvement
29 or rebuilding and shall continue for 4 years from the date
30 the improvement or rebuilding is completed and occupied, or
31 until the next following general assessment of that property,
32 whichever is later.
33 A proclamation of disaster by the President of the United
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1 States or Governor of the State of Illinois is not a
2 prerequisite to the classification of an occurrence as a
3 catastrophic event under this Section. A "catastrophic
4 event" may include an occurrence of widespread or severe
5 damage or loss of property resulting from any catastrophic
6 cause including but not limited to fire, including arson
7 (provided the fire was not caused by the willful action of an
8 owner or resident of the property), flood, earthquake, wind,
9 storm, explosion, or extended periods of severe inclement
10 weather. In the case of a residential structure affected by
11 flooding, the structure shall not be eligible for this
12 homestead improvement exemption unless it is located within a
13 local jurisdiction which is participating in the National
14 Flood Insurance Program.
15 In counties of less than 3,000,000 inhabitants, in
16 addition to the notice requirement under Section 12-30, a
17 supervisor of assessments, county assessor, or township or
18 multi-township assessor responsible for adding an assessable
19 improvement to a residential property's assessment shall
20 either notify a taxpayer whose assessment has been changed
21 since the last preceding assessment that he or she may be
22 eligible for the exemption provided under this Section or
23 shall grant the exemption automatically.
24 (Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
25 6-1-97; 90-14, eff. 7-1-97; 90-186, eff. 7-24-97; revised
26 10-15-97)
27 (35 ILCS 200/18-165)
28 Sec. 18-165. Abatement of taxes.
29 (a) Any taxing district, upon a majority vote of its
30 governing authority, may, after the determination of the
31 assessed valuation of its property, order the clerk of that
32 county to abate any portion of its taxes on the following
33 types of property:
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1 (1) Commercial and industrial.
2 (A) The property of any commercial or
3 industrial firm, including but not limited to the
4 property of any firm that is used for collecting,
5 separating, storing, or processing recyclable
6 materials, locating within the taxing district
7 during the immediately preceding year from another
8 state, territory, or country, or having been newly
9 created within this State during the immediately
10 preceding year, or expanding an existing facility.
11 The abatement shall not exceed a period of 10 years
12 and the aggregate amount of abated taxes for all
13 taxing districts combined shall not exceed
14 $4,000,000; or
15 (B) The property of any commercial or
16 industrial development of at least 500 acres having
17 been created within the taxing district. The
18 abatement shall not exceed a period of 20 years and
19 the aggregate amount of abated taxes for all taxing
20 districts combined shall not exceed $12,000,000.
21 (C) The property of any commercial or
22 industrial firm currently located in the taxing
23 district that expands a facility or its number of
24 employees. The abatement shall not exceed a period
25 of 10 years and the aggregate amount of abated taxes
26 for all taxing districts combined shall not exceed
27 $4,000,000. The abatement period may be renewed at
28 the option of the taxing districts.
29 (2) Horse racing. Any property in the taxing
30 district which is used for the racing of horses and upon
31 which capital improvements consisting of expansion,
32 improvement or replacement of existing facilities have
33 been made since July 1, 1987. The combined abatements
34 for such property from all taxing districts in any county
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1 shall not exceed $5,000,000 annually and shall not exceed
2 a period of 10 years.
3 (3) Auto racing. Any property designed exclusively
4 for the racing of motor vehicles. Such abatement shall
5 not exceed a period of 10 years.
6 (4) Academic or research institute. The property
7 of any academic or research institute in the taxing
8 district that (i) is an exempt organization under
9 paragraph (3) of Section 501(c) of the Internal Revenue
10 Code, (ii) operates for the benefit of the public by
11 actually and exclusively performing scientific research
12 and making the results of the research available to the
13 interested public on a non-discriminatory basis, and
14 (iii) employs more than 100 employees. An abatement
15 granted under this paragraph shall be for at least 15
16 years and the aggregate amount of abated taxes for all
17 taxing districts combined shall not exceed $5,000,000.
18 (b) Upon a majority vote of its governing authority, any
19 municipality may, after the determination of the assessed
20 valuation of its property, order the county clerk to abate
21 any portion of its taxes on any property that is located
22 within the corporate limits of the municipality in accordance
23 with Section 8-3-18 of the Illinois Municipal Code.
24 (Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
25 90-415, eff. 8-15-97; revised 10-30-97.)
26 (35 ILCS 200/18-185)
27 Sec. 18-185. Short title; definitions. This Section and
28 Sections 18-190 through 18-245 may be cited as the Property
29 Tax Extension Limitation Law. As used in Sections 18-190
30 through 18-245:
31 "Consumer Price Index" means the Consumer Price Index for
32 All Urban Consumers for all items published by the United
33 States Department of Labor.
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1 "Extension limitation" means (a) the lesser of 5% or the
2 percentage increase in the Consumer Price Index during the
3 12-month calendar year preceding the levy year or (b) the
4 rate of increase approved by voters under Section 18-205.
5 "Affected county" means a county of 3,000,000 or more
6 inhabitants or a county contiguous to a county of 3,000,000
7 or more inhabitants.
8 "Taxing district" has the same meaning provided in
9 Section 1-150, except as otherwise provided in this Section.
10 For the 1991 through 1994 levy years only, "taxing district"
11 includes only each non-home rule taxing district having the
12 majority of its 1990 equalized assessed value within any
13 county or counties contiguous to a county with 3,000,000 or
14 more inhabitants. Beginning with the 1995 levy year, "taxing
15 district" includes only each non-home rule taxing district
16 subject to this Law before the 1995 levy year and each
17 non-home rule taxing district not subject to this Law before
18 the 1995 levy year having the majority of its 1994 equalized
19 assessed value in an affected county or counties. Beginning
20 with the levy year in which this Law becomes applicable to a
21 taxing district as provided in Section 18-213, "taxing
22 district" also includes those taxing districts made subject
23 to this Law as provided in Section 18-213.
24 "Aggregate extension" for taxing districts to which this
25 Law applied before the 1995 levy year means the annual
26 corporate extension for the taxing district and those special
27 purpose extensions that are made annually for the taxing
28 district, excluding special purpose extensions: (a) made for
29 the taxing district to pay interest or principal on general
30 obligation bonds that were approved by referendum; (b) made
31 for any taxing district to pay interest or principal on
32 general obligation bonds issued before October 1, 1991; (c)
33 made for any taxing district to pay interest or principal on
34 bonds issued to refund or continue to refund those bonds
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1 issued before October 1, 1991; (d) made for any taxing
2 district to pay interest or principal on bonds issued to
3 refund or continue to refund bonds issued after October 1,
4 1991 that were approved by referendum; (e) made for any
5 taxing district to pay interest or principal on revenue bonds
6 issued before October 1, 1991 for payment of which a property
7 tax levy or the full faith and credit of the unit of local
8 government is pledged; however, a tax for the payment of
9 interest or principal on those bonds shall be made only after
10 the governing body of the unit of local government finds that
11 all other sources for payment are insufficient to make those
12 payments; (f) made for payments under a building commission
13 lease when the lease payments are for the retirement of bonds
14 issued by the commission before October 1, 1991, to pay for
15 the building project; (g) made for payments due under
16 installment contracts entered into before October 1, 1991;
17 (h) made for payments of principal and interest on bonds
18 issued under the Metropolitan Water Reclamation District Act
19 to finance construction projects initiated before October 1,
20 1991; (i) made for payments of principal and interest on
21 limited bonds, as defined in Section 3 of the Local
22 Government Debt Reform Act, in an amount not to exceed the
23 debt service extension base less the amount in items (b),
24 (c), (e), and (h) of this definition for non-referendum
25 obligations, except obligations initially issued pursuant to
26 referendum; (j) made for payments of principal and interest
27 on bonds issued under Section 15 of the Local Government Debt
28 Reform Act; and (k) made by a school district that
29 participates in the Special Education District of Lake
30 County, created by special education joint agreement under
31 Section 10-22.31 of the School Code, for payment of the
32 school district's share of the amounts required to be
33 contributed by the Special Education District of Lake County
34 to the Illinois Municipal Retirement Fund under Article 7 of
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1 the Illinois Pension Code; the amount of any extension under
2 this item (k) shall be certified by the school district to
3 the county clerk.
4 "Aggregate extension" for the taxing districts to which
5 this Law did not apply before the 1995 levy year (except
6 taxing districts subject to this Law in accordance with
7 Section 18-213) means the annual corporate extension for the
8 taxing district and those special purpose extensions that are
9 made annually for the taxing district, excluding special
10 purpose extensions: (a) made for the taxing district to pay
11 interest or principal on general obligation bonds that were
12 approved by referendum; (b) made for any taxing district to
13 pay interest or principal on general obligation bonds issued
14 before March 1, 1995; (c) made for any taxing district to pay
15 interest or principal on bonds issued to refund or continue
16 to refund those bonds issued before March 1, 1995; (d) made
17 for any taxing district to pay interest or principal on bonds
18 issued to refund or continue to refund bonds issued after
19 March 1, 1995 that were approved by referendum; (e) made for
20 any taxing district to pay interest or principal on revenue
21 bonds issued before March 1, 1995 for payment of which a
22 property tax levy or the full faith and credit of the unit of
23 local government is pledged; however, a tax for the payment
24 of interest or principal on those bonds shall be made only
25 after the governing body of the unit of local government
26 finds that all other sources for payment are insufficient to
27 make those payments; (f) made for payments under a building
28 commission lease when the lease payments are for the
29 retirement of bonds issued by the commission before March 1,
30 1995 to pay for the building project; (g) made for payments
31 due under installment contracts entered into before March 1,
32 1995; (h) made for payments of principal and interest on
33 bonds issued under the Metropolitan Water Reclamation
34 District Act to finance construction projects initiated
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1 before October 1, 1991; (i) made for payments of principal
2 and interest on limited bonds, as defined in Section 3 of the
3 Local Government Debt Reform Act, in an amount not to exceed
4 the debt service extension base less the amount in items (b),
5 (c), and (e) of this definition for non-referendum
6 obligations, except obligations initially issued pursuant to
7 referendum and bonds described in subsection (h) of this
8 definition; (j) made for payments of principal and interest
9 on bonds issued under Section 15 of the Local Government Debt
10 Reform Act; (k) made for payments of principal and interest
11 on bonds authorized by Public Act 88-503 and issued under
12 Section 20a of the Chicago Park District Act for aquarium or
13 museum projects; and (l) made for payments of principal and
14 interest on bonds authorized by Public Act 87-1191 and issued
15 under Section 42 of the Cook County Forest Preserve District
16 Act for zoological park projects.
17 "Aggregate extension" for all taxing districts to which
18 this Law applies in accordance with Section 18-213, except
19 for those taxing districts subject to paragraph (2) of
20 subsection (e) of Section 18-213, means the annual corporate
21 extension for the taxing district and those special purpose
22 extensions that are made annually for the taxing district,
23 excluding special purpose extensions: (a) made for the taxing
24 district to pay interest or principal on general obligation
25 bonds that were approved by referendum; (b) made for any
26 taxing district to pay interest or principal on general
27 obligation bonds issued before the date on which the
28 referendum making this Law applicable to the taxing district
29 is held; (c) made for any taxing district to pay interest or
30 principal on bonds issued to refund or continue to refund
31 those bonds issued before the date on which the referendum
32 making this Law applicable to the taxing district is held;
33 (d) made for any taxing district to pay interest or principal
34 on bonds issued to refund or continue to refund bonds issued
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1 after the date on which the referendum making this Law
2 applicable to the taxing district is held if the bonds were
3 approved by referendum after the date on which the referendum
4 making this Law applicable to the taxing district is held;
5 (e) made for any taxing district to pay interest or principal
6 on revenue bonds issued before the date on which the
7 referendum making this Law applicable to the taxing district
8 is held for payment of which a property tax levy or the full
9 faith and credit of the unit of local government is pledged;
10 however, a tax for the payment of interest or principal on
11 those bonds shall be made only after the governing body of
12 the unit of local government finds that all other sources for
13 payment are insufficient to make those payments; (f) made for
14 payments under a building commission lease when the lease
15 payments are for the retirement of bonds issued by the
16 commission before the date on which the referendum making
17 this Law applicable to the taxing district is held to pay for
18 the building project; (g) made for payments due under
19 installment contracts entered into before the date on which
20 the referendum making this Law applicable to the taxing
21 district is held; (h) made for payments of principal and
22 interest on limited bonds, as defined in Section 3 of the
23 Local Government Debt Reform Act, in an amount not to exceed
24 the debt service extension base less the amount in items (b),
25 (c), and (e) of this definition for non-referendum
26 obligations, except obligations initially issued pursuant to
27 referendum; (i) made for payments of principal and interest
28 on bonds issued under Section 15 of the Local Government Debt
29 Reform Act; and (j) made for a qualified airport authority to
30 pay interest or principal on general obligation bonds issued
31 for the purpose of paying obligations due under, or financing
32 airport facilities required to be acquired, constructed,
33 installed or equipped pursuant to, contracts entered into
34 before March 1, 1996 (but not including any amendments to
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1 such a contract taking effect on or after that date).
2 "Aggregate extension" for all taxing districts to which
3 this Law applies in accordance with paragraph (2) of
4 subsection (e) of Section 18-213 means the annual corporate
5 extension for the taxing district and those special purpose
6 extensions that are made annually for the taxing district,
7 excluding special purpose extensions: (a) made for the taxing
8 district to pay interest or principal on general obligation
9 bonds that were approved by referendum; (b) made for any
10 taxing district to pay interest or principal on general
11 obligation bonds issued before the effective date of this
12 amendatory Act of 1997; (c) made for any taxing district to
13 pay interest or principal on bonds issued to refund or
14 continue to refund those bonds issued before the effective
15 date of this amendatory Act of 1997; (d) made for any taxing
16 district to pay interest or principal on bonds issued to
17 refund or continue to refund bonds issued after the effective
18 date of this amendatory Act of 1997 if the bonds were
19 approved by referendum after the effective date of this
20 amendatory Act of 1997; (e) made for any taxing district to
21 pay interest or principal on revenue bonds issued before the
22 effective date of this amendatory Act of 1997 for payment of
23 which a property tax levy or the full faith and credit of the
24 unit of local government is pledged; however, a tax for the
25 payment of interest or principal on those bonds shall be made
26 only after the governing body of the unit of local government
27 finds that all other sources for payment are insufficient to
28 make those payments; (f) made for payments under a building
29 commission lease when the lease payments are for the
30 retirement of bonds issued by the commission before the
31 effective date of this amendatory Act of 1997 to pay for the
32 building project; (g) made for payments due under installment
33 contracts entered into before the effective date of this
34 amendatory Act of 1997; (h) made for payments of principal
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1 and interest on limited bonds, as defined in Section 3 of the
2 Local Government Debt Reform Act, in an amount not to exceed
3 the debt service extension base less the amount in items (b),
4 (c), and (e) of this definition for non-referendum
5 obligations, except obligations initially issued pursuant to
6 referendum; (i) made for payments of principal and interest
7 on bonds issued under Section 15 of the Local Government Debt
8 Reform Act; and (j) made for a qualified airport authority to
9 pay interest or principal on general obligation bonds issued
10 for the purpose of paying obligations due under, or financing
11 airport facilities required to be acquired, constructed,
12 installed or equipped pursuant to, contracts entered into
13 before March 1, 1996 (but not including any amendments to
14 such a contract taking effect on or after that date).
15 "Debt service extension base" means an amount equal to
16 that portion of the extension for a taxing district for the
17 1994 levy year, or for those taxing districts subject to this
18 Law in accordance with Section 18-213, except for those
19 subject to paragraph (2) of subsection (e) of Section 18-213,
20 for the levy year in which the referendum making this Law
21 applicable to the taxing district is held, or for those
22 taxing districts subject to this Law in accordance with
23 paragraph (2) of subsection (e) of Section 18-213 for the
24 1996 levy year, constituting an extension for payment of
25 principal and interest on bonds issued by the taxing district
26 without referendum, but not including (i) bonds authorized by
27 Public Act 88-503 and issued under Section 20a of the Chicago
28 Park District Act for aquarium and museum projects; (ii)
29 bonds issued under Section 15 of the Local Government Debt
30 Reform Act; or (iii) refunding obligations issued to refund
31 or to continue to refund obligations initially issued
32 pursuant to referendum. The debt service extension base may
33 be established or increased as provided under Section 18-212.
34 "Special purpose extensions" include, but are not limited
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1 to, extensions for levies made on an annual basis for
2 unemployment and workers' compensation, self-insurance,
3 contributions to pension plans, and extensions made pursuant
4 to Section 6-601 of the Illinois Highway Code for a road
5 district's permanent road fund whether levied annually or
6 not. The extension for a special service area is not
7 included in the aggregate extension.
8 "Aggregate extension base" means the taxing district's
9 last preceding aggregate extension as adjusted under Sections
10 18-215 through 18-230.
11 "Levy year" has the same meaning as "year" under Section
12 1-155.
13 "New property" means (i) the assessed value, after final
14 board of review or board of appeals action, of new
15 improvements or additions to existing improvements on any
16 parcel of real property that increase the assessed value of
17 that real property during the levy year multiplied by the
18 equalization factor issued by the Department under Section
19 17-30 and (ii) the assessed value, after final board of
20 review or board of appeals action, of real property not
21 exempt from real estate taxation, which real property was
22 exempt from real estate taxation for any portion of the
23 immediately preceding levy year, multiplied by the
24 equalization factor issued by the Department under Section
25 17-30.
26 "Qualified airport authority" means an airport authority
27 organized under the Airport Authorities Act and located in a
28 county bordering on the State of Wisconsin and having a
29 population in excess of 200,000 and not greater than 500,000.
30 "Recovered tax increment value" means the amount of the
31 current year's equalized assessed value, in the first year
32 after a municipality terminates the designation of an area as
33 a redevelopment project area previously established under the
34 Tax Increment Allocation Development Act in the Illinois
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1 Municipal Code, previously established under the Industrial
2 Jobs Recovery Law in the Illinois Municipal Code, or
3 previously established under the Economic Development Area
4 Tax Increment Allocation Act, of each taxable lot, block,
5 tract, or parcel of real property in the redevelopment
6 project area over and above the initial equalized assessed
7 value of each property in the redevelopment project area.
8 Except as otherwise provided in this Section, "limiting
9 rate" means a fraction the numerator of which is the last
10 preceding aggregate extension base times an amount equal to
11 one plus the extension limitation defined in this Section and
12 the denominator of which is the current year's equalized
13 assessed value of all real property in the territory under
14 the jurisdiction of the taxing district during the prior levy
15 year. For those taxing districts that reduced their
16 aggregate extension for the last preceding levy year, the
17 highest aggregate extension in any of the last 3 preceding
18 levy years shall be used for the purpose of computing the
19 limiting rate. The denominator shall not include new
20 property. The denominator shall not include the recovered
21 tax increment value.
22 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
23 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
24 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
25 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
26 (35 ILCS 200/19-60)
27 Sec. 19-60. Bond as security for taxes collected. The
28 bond of every county or township collector shall be held to
29 be security for the payment by the collector to the, county
30 treasurer and the taxing districts and proper authorities, of
31 all taxes, special assessments which are collected or
32 received on their behalf, and of all penalties which are
33 recovered against him.
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1 (Source: Laws 1939, p. 886; P.A. 88-455; revised 12-18-97.)
2 (35 ILCS 200/20-160)
3 Sec. 20-160. Office may be declared vacant. If any
4 county collector fails to account and pay over as required in
5 Sections 20-140 2-140 and 20-150, the office may be declared
6 vacant by the county board, or by any court in which suit is
7 brought on his or her official bond.
8 (Source: Laws 1939, p. 886; P.A. 88-455; revised 8-7-97.)
9 (35 ILCS 200/21-260)
10 Sec. 21-260. Collector's scavenger sale. Upon the
11 county collector's application under Section 21-145, to be
12 known as the Scavenger Sale Application, the Court shall
13 enter judgment for the general taxes, special taxes, special
14 assessments, interest, penalties and costs as are included in
15 the advertisement and appear to be due thereon after allowing
16 an opportunity to object and a hearing upon the objections as
17 provided in Section 21-175, and order those properties sold
18 by the County Collector at public sale to the highest bidder
19 for cash, notwithstanding the bid may be less than the full
20 amount of taxes, special taxes, special assessments,
21 interest, penalties and costs for which judgment has been
22 entered.
23 (a) Conducting the sale - Bidding. All properties
24 shall be offered for sale in consecutive order as they appear
25 in the delinquent list. The minimum bid for any property
26 shall be $250 or one-half of the tax if the total liability
27 is less than $500. The successful bidder shall immediately
28 pay the amount of minimum bid to the County Collector in
29 cash, by certified or cashier's check, or by money order. If
30 the bid exceeds the minimum bid, the successful bidder shall
31 pay the balance of the bid to the county collector in cash,
32 by certified or cashier's check, or by money order by the
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1 close of the next business day. If the minimum bid is not
2 paid at the time of sale or if the balance is not paid by the
3 close of the next business day, then the sale is void and the
4 minimum bid, if paid, is forfeited to the county general
5 fund. In that event, the property shall be reoffered for
6 sale within 30 days of the last offering of property in
7 regular order. The collector shall make available to the
8 public a list of all properties to be included in any
9 reoffering due to the voiding of the original sale. The
10 collector is not required to serve or publish any other
11 notice of the reoffering of those properties. In the event
12 that any of the properties are not sold upon reoffering, or
13 are sold for less than the amount of the original voided
14 sale, the original bidder who failed to pay the bid amount
15 shall remain liable for the unpaid balance of the bid in an
16 action under Section 21-240. Liability shall not be reduced
17 where the bidder upon reoffering also fails to pay the bid
18 amount, and in that event both bidders shall remain liable
19 for the unpaid balance of their respective bids. A sale of
20 properties under this Section shall not be final until
21 confirmed by the court.
22 (b) Confirmation of sales. The county collector shall
23 file his or her report of sale in the court within 30 days of
24 the date of sale of each property. No notice of the county
25 collector's application to confirm the sales shall be
26 required except as prescribed by rule of the court. Upon
27 confirmation, except in cases where the sale becomes void
28 under Section 22-85, or in cases where the order of
29 confirmation is vacated by the court, a sale under this
30 Section shall extinguish the in rem lien of the general
31 taxes, special taxes and special assessments for which
32 judgment has been entered and a redemption shall not revive
33 the lien. Confirmation of the sale shall in no event affect
34 the owner's personal liability to pay the taxes, interest and
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1 penalties as provided in this Code or prevent institution of
2 a proceeding under Section 21-440 to collect any amount that
3 may remain due after the sale.
4 (c) Issuance of tax sale certificates. Upon confirmation
5 of the sale the County Clerk and the County Collector shall
6 issue to the purchaser a certificate of purchase in the form
7 prescribed by Section 21-250 as near as may be. A
8 certificate of purchase shall not be issued to any person who
9 is ineligible to bid at the sale or to receive a certificate
10 of purchase under Section 21-265.
11 (d) Scavenger Tax Judgment, Sale and Redemption Record -
12 Sale of parcels not sold. The county collector shall prepare
13 a Scavenger Tax Judgment, Sale and Redemption Record. The
14 county clerk shall write or stamp on the scavenger tax
15 judgment, sale, forfeiture and redemption record opposite the
16 description of any property offered for sale and not sold, or
17 not confirmed for any reason, the words "offered but not
18 sold". The properties which are offered for sale under this
19 Section and not sold or not confirmed shall be offered for
20 sale annually thereafter in the manner provided in this
21 Section until sold, except in the case of mineral rights,
22 which after 10 consecutive years of being offered for sale
23 under this Section and not sold or confirmed shall no longer
24 be required to be offered for sale. At any time between
25 annual sales the County Collector may advertise for sale any
26 properties subject to sale under judgments for sale
27 previously entered under this Section and not executed for
28 any reason. The advertisement and sale shall be regulated by
29 the provisions of this Code as far as applicable.
30 (e) Proceeding to tax deed. The owner of the certificate
31 of purchase shall give notice as required by Sections 22-5
32 through 22-30, and may extend the period of redemption as
33 provided by Section 21-385. At any time within 5 months prior
34 to expiration of the period of redemption from a sale under
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1 this Code, the owner of a certificate of purchase may file a
2 petition and may obtain a tax deed under Sections 22-30
3 through 22-55. All proceedings for the issuance of a tax deed
4 and all tax deeds for properties sold under this Section
5 shall be subject to Sections 22-30 through 22-55. Deeds
6 issued under this Section are subject to Section 22-70. This
7 Section shall be liberally construed so to that the deeds
8 provided for in this Section convey merchantable title.
9 (f) Redemptions from scavenger sales. Redemptions may be
10 made from sales under this Section in the same manner and
11 upon the same terms and conditions as redemptions from sales
12 made under the County Collector's annual application for
13 judgment and order of sale, except that in lieu of penalty
14 the person redeeming shall pay interest as follows if the
15 sale occurs before September 9, 1993:
16 (1) If redeemed within the first 2 months from the
17 date of the sale, 3% per month or portion thereof upon
18 the amount for which the property was sold;
19 (2) If redeemed between 2 and 6 months from the
20 date of the sale, 12% of the amount for which the
21 property was sold;
22 (3) If redeemed between 6 and 12 months from the
23 date of the sale, 24% of the amount for which the
24 property was sold;
25 (4) If redeemed between 12 and 18 months from the
26 date of the sale, 36% of the amount for which the
27 property was sold;
28 (5) If redeemed between 18 and 24 months from the
29 date of the sale, 48% of the amount for which the
30 property was sold;
31 (6) If redeemed after 24 months from the date of
32 sale, the 48% herein provided together with interest at
33 6% per year thereafter.
34 If the sale occurs on or after September 9, 1993, the
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1 person redeeming shall pay interest on that part of the
2 amount for which the property was sold equal to or less than
3 the full amount of delinquent taxes, special assessments,
4 penalties, interest, and costs, included in the judgment and
5 order of sale as follows:
6 (1) If redeemed within the first 2 months from the
7 date of the sale, 3% per month upon the amount of taxes,
8 special assessments, penalties, interest, and costs due
9 for each of the first 2 months, or fraction thereof.
10 (2) If redeemed at any time between 2 and 6 months
11 from the date of the sale, 12% of the amount of taxes,
12 special assessments, penalties, interest, and costs due.
13 (3) If redeemed at any time between 6 and 12 months
14 from the date of the sale, 24% of the amount of taxes,
15 special assessments, penalties, interest, and costs due.
16 (4) If redeemed at any time between 12 and 18
17 months from the date of the sale, 36% of the amount of
18 taxes, special assessments, penalties, interest, and
19 costs due.
20 (5) If redeemed at any time between 18 and 24
21 months from the date of the sale, 48% of the amount of
22 taxes, special assessments, penalties, interest, and
23 costs due.
24 (6) If redeemed after 24 months from the date of
25 sale, the 48% provided for the 24 months together with
26 interest at 6% per annum thereafter on the amount of
27 taxes, special assessments, penalties, interest, and
28 costs due.
29 The person redeeming shall not be required to pay any
30 interest on any part of the amount for which the property was
31 sold that exceeds the full amount of delinquent taxes,
32 special assessments, penalties, interest, and costs included
33 in the judgment and order of sale.
34 Notwithstanding any other provision of this Section,
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1 except for owner-occupied single family residential units
2 which are condominium units, cooperative units or dwellings,
3 the amount required to be paid for redemption shall also
4 include an amount equal to all delinquent taxes on the
5 property which taxes were delinquent at the time of sale.
6 The delinquent taxes shall be apportioned by the county
7 collector among the taxing districts in which the property is
8 situated in accordance with law. In the event that all moneys
9 received from any sale held under this Section exceed an
10 amount equal to all delinquent taxes on the property sold,
11 which taxes were delinquent at the time of sale, together
12 with all publication and other costs associated with the
13 sale, then, upon redemption, the County Collector and the
14 County Clerk shall apply the excess amount to the cost of
15 redemption.
16 (g) Bidding by county or other taxing districts. Any
17 taxing district may bid at a scavenger sale. The county
18 board of the county in which properties offered for sale
19 under this Section are located may bid as trustee for all
20 taxing districts having an interest in the taxes for the
21 nonpayment of which the parcels are offered. The County shall
22 apply on the bid the unpaid taxes due upon the property and
23 no cash need be paid. The County or other taxing district
24 acquiring a tax sale certificate shall take all steps
25 necessary to acquire title to the property and may manage and
26 operate the property so acquired.
27 When a county, or other taxing district within the
28 county, is a petitioner for a tax deed, no filing fee shall
29 be required on the petition. The county as a tax creditor and
30 as trustee for other tax creditors, or other taxing district
31 within the county shall not be required to allege and prove
32 that all taxes and special assessments which become due and
33 payable after the sale to the county have been paid. The
34 county shall not be required to pay the subsequently accruing
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1 taxes or special assessments at any time. Upon the written
2 request of the county board or its designee, the county
3 collector shall not offer the property for sale at any tax
4 sale subsequent to the sale of the property to the county
5 under this Section. The lien of taxes and special assessments
6 which become due and payable after a sale to a county shall
7 merge in the fee title of the county, or other taxing
8 district, on the issuance of a deed. The County may sell the
9 properties so acquired, or the certificate of purchase
10 thereto, and the proceeds of the sale shall be distributed to
11 the taxing districts in proportion to their respective
12 interests therein. The presiding officer of the county board,
13 with the advice and consent of the County Board, may appoint
14 some officer or person to attend scavenger sales and bid on
15 its behalf.
16 (h) Miscellaneous provisions. In the event that the
17 tract of land or lot sold at any such sale is not redeemed
18 within the time permitted by law and a tax deed is issued,
19 all moneys that may be received from the sale of properties
20 in excess of the delinquent taxes, together with all
21 publication and other costs associated with the sale, shall,
22 upon petition of any interested party to the court that
23 issued the tax deed, be distributed by the County Collector
24 pursuant to order of the court among the persons having legal
25 or equitable interests in the property according to the fair
26 value of their interests in the tract or lot. Section 21-415
27 does not apply to properties sold under this Section. Appeals
28 may be taken from the orders and judgments entered under this
29 Section as in other civil cases. The remedy herein provided
30 is in addition to other remedies for the collection of
31 delinquent taxes.
32 (Source: P.A. 90-514, eff. 8-22-97; revised 12-18-97.)
33 (35 ILCS 200/21-315)
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1 Sec. 21-315. Interest on refund.
2 (a) In those cases which arise solely under grounds set
3 forth in Section 21-310 or 22-35, and in no other cases, the
4 court which orders a sale in error shall also award interest
5 on the refund of the amount paid for the certificate of
6 purchase, together with all costs paid by the owner of the
7 certificate of purchase or his or her assignor which were
8 posted to the tax judgment, sale, redemption and forfeiture
9 record, except as otherwise provided in this Section. Except
10 as otherwise provided in this Section, interest shall be
11 awarded and paid at the rate of 1% per month from the date of
12 sale to the date of payment to the tax purchaser, or in an
13 amount equivalent to the penalty interest which would be
14 recovered on a redemption at the time of payment pursuant to
15 the order for sale in error, whichever is less.
16 (b) Interest on the refund to the owner of the
17 certificate of purchase shall not be paid (i) in any case in
18 which the improvements upon the property sold have been
19 substantially destroyed or rendered uninhabitable or
20 otherwise unfit for occupancy, (ii) when the sale in error is
21 made in pursuant to Section 22-35, (iii) in any case, after
22 January 1, 1990, in which the real estate contains a
23 hazardous substance, hazardous waste, or underground storage
24 tank that would require a cleanup or other removal under any
25 federal, State, or local law, ordinance or regulation, only
26 if the tax purchaser purchased the property without actual
27 knowledge of the hazardous substance, hazardous waste or
28 underground storage tank, or (iv) in any other case where the
29 court determines that the tax purchaser had actual knowledge
30 prior to the sale of the grounds on which the sale is
31 declared to be erroneous.
32 (c) When the county collector files a petition for sale
33 in error under Section 21-310 and mails a notice thereof by
34 certified or registered mail to the tax purchaser, any
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1 interest otherwise payable under this Section shall cease to
2 accrue as of the date the petition is filed, unless the tax
3 purchaser agrees to an order for sale in error upon the
4 presentation of the petition to the court. Notices under
5 this subsection may be mailed to the original owner of the
6 certificate of purchase, or to the latest assignee, if known.
7 When the owner of the certificate of purchase contests the
8 collector's petition solely to determine whether the grounds
9 for sale in error are such as to support a claim for
10 interest, the court may direct that the principal amount of
11 the refund be paid to the owner of the certificate of
12 purchase forthwith. If the court thereafter determines that a
13 claim for interest lies under this Section, it shall award
14 such interest from the date of sale to the date the principal
15 amount was paid.
16 (Source: P.A. 88-455; 88-676, eff. 12-14-94; 89-69, eff.
17 6-30-95; revised 12-18-97.)
18 (35 ILCS 200/22-90)
19 Sec. 22-90. Recording of certificate of purchase by
20 municipality. If any city, village or incorporated town,
21 interested in the collection of any special tax or
22 assessment, acquires a certificate of purchase at a tax sale,
23 it is not be required to take out a deed, but may preserve
24 its lien under the certificate of purchase, beyond the period
25 of redemption, by recording the certificate of purchase or
26 evidence thereof within 1 year from the expiration of the
27 period of redemption or extended period of redemption, in the
28 office of the recorder of the county in which the property is
29 situated, or by presenting the certificate for registration
30 in the manner provided by law, to the registrar of titles in
31 the case of property registered under the Registered Titles
32 (Torrens) Act. The recorded certificate of purchase or the
33 evidence thereof shall contain language in substantially the
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1 following form:
2 STATE OF ....)
3 )SS
4 COUNTY OF ...)
5 The following described property was sold to the (here
6 place name of city, village, or incorporated town), at a
7 public sale for the nonpayment of special taxes or
8 assessments in the above stated county, on the .... day of
9 ...., 19 .., to-wit: (here place property description). The
10 sale was for the delinquent special tax or assessment (here
11 place the special assessment warrant number and installment).
12 Unless payment or settlement is made at the office of (here
13 place proper city, village or incorporated town officer), the
14 municipality for which the above lien or liens were created
15 may at any time after expiration of the period of redemption,
16 sell and assign the certificate of purchase. Either the
17 municipality or its assignee at any time after expiration of
18 the period of redemption may file a complaint to foreclose or
19 bring an action for the amount of the special tax or
20 assessment due.
21 Dated this .... day of ...., 19...
22 ...........................
23 (Proper Officer)
24 (Source: P.A. 87-669; 88-455; revised 12-18-97.)
25 Section 44. The Motor Fuel Tax Law is amended by
26 changing Section 8 as follows:
27 (35 ILCS 505/8) (from Ch. 120, par. 424)
28 Sec. 8. Except as provided in Section 8a, all money
29 received by the Department under this Act, including payments
30 made to the Department by member jurisdictions participating
31 in the International Fuel Tax Agreement, shall be deposited
32 in a special fund in the State treasury, to be known as the
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1 "Motor Fuel Tax Fund", and shall be used as follows:
2 (a) 2 1/2 cents per gallon of the tax collected on
3 special fuel under paragraph (b) of Section 2 and Section 13a
4 of this Act shall be transferred to the State Construction
5 Account Fund in the State Treasury;
6 (b) $420,000 shall be transferred each month to the
7 State Boating Act Fund to be used by the Department of
8 Natural Resources for the purposes specified in Article X of
9 the Boat Registration and Safety Act;
10 (c) $1,500,000 shall be transferred each month to the
11 Grade Crossing Protection Fund to be used as follows: not
12 less than $6,000,000 each fiscal year shall be used for the
13 construction or reconstruction of rail highway grade
14 separation structures; beginning with fiscal year 1997 and
15 ending in fiscal year 1999, $1,500,000, and $750,000 in
16 fiscal year 2000 and each fiscal year thereafter shall be
17 transferred to the Transportation Regulatory Fund and shall
18 be accounted for as part of the rail carrier portion of such
19 funds and shall be used to pay the cost of administration of
20 the Illinois Commerce Commission's railroad safety program in
21 connection with its duties under subsection (3) of Section
22 18c-7401 of the Illinois Vehicle Code, with the remainder to
23 be used by the Department of Transportation upon order of the
24 Illinois Commerce Commission, to pay that part of the cost
25 apportioned by such Commission to the State to cover the
26 interest of the State-wide public in the use of highways,
27 roads or streets in the county highway system, township and
28 district road system or municipal street system as defined in
29 the Illinois Highway Code, as the same may from time to time
30 be amended, for separation of grades, for installation,
31 construction or reconstruction of crossing protection or
32 reconstruction, alteration, relocation including construction
33 or improvement of any existing highway necessary for access
34 to property or improvement of any grade crossing including
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1 the necessary highway approaches thereto of any railroad
2 across the highway or public road, as provided for in and in
3 accordance with Section 18c-7401 of the Illinois Vehicle
4 Code. In entering orders for projects for which payments
5 from the Grade Crossing Protection Fund will be made, the
6 Commission shall account for expenditures authorized by the
7 orders on a cash rather than an accrual basis. For purposes
8 of this requirement an "accrual basis" assumes that the total
9 cost of the project is expended in the fiscal year in which
10 the order is entered, while a "cash basis" allocates the cost
11 of the project among fiscal years as expenditures are
12 actually made;
13 (d) of the amount remaining after allocations provided
14 for in subsections (a), (b) and (c), a sufficient amount
15 shall be reserved to pay all of the following:
16 (1) the costs of the Department of Revenue in
17 administering this Act;
18 (2) the costs of the Department of Transportation
19 in performing its duties imposed by the Illinois Highway
20 Code for supervising the use of motor fuel tax funds
21 apportioned to municipalities, counties and road
22 districts;
23 (3) refunds provided for in Section 13 of this Act
24 and under the terms of the International Fuel Tax
25 Agreement referenced in Section 14a;
26 (4) from October 1, 1985 until June 30, 1994, the
27 administration of the Vehicle Emissions Inspection Law,
28 which amount shall be certified monthly by the
29 Environmental Protection Agency to the State Comptroller
30 and shall promptly be transferred by the State
31 Comptroller and Treasurer from the Motor Fuel Tax Fund to
32 the Vehicle Inspection Fund, and beginning July 1, 1994,
33 and until December 31, 2000, one-twelfth of $25,000,000
34 each month for the administration of the Vehicle
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1 Emissions Inspection Law of 1995, to be transferred by
2 the State Comptroller and Treasurer from the Motor Fuel
3 Tax Fund into the Vehicle Inspection Fund;
4 (5) amounts ordered paid by the Court of Claims;
5 and
6 (6) payment of motor fuel use taxes due to member
7 jurisdictions under the terms of the International Fuel
8 Tax Agreement. The Department shall certify these
9 amounts to the Comptroller by the 15th day of each month;
10 the Comptroller shall cause orders to be drawn for such
11 amounts, and the Treasurer shall administer those amounts
12 on or before the last day of each month;
13 (e) after allocations for the purposes set forth in
14 subsections (a), (b), (c) and (d), the remaining amount shall
15 be apportioned as follows:
16 (1) 58.4% shall be deposited as follows:
17 (A) 37% into the State Construction Account
18 Fund, and
19 (B) 63% into the Road Fund, $1,250,000 of
20 which shall be reserved each month for the
21 Department of Transportation to be used in
22 accordance with the provisions of Sections 6-901
23 through 6-906 of the Illinois Highway Code;
24 (2) 41.6% shall be transferred to the Department of
25 Transportation to be distributed as follows:
26 (A) 49.10% to the municipalities of the State,
27 (B) 16.74% to the counties of the State having
28 1,000,000 or more inhabitants,
29 (C) 18.27% to the counties of the State having
30 less than 1,000,000 inhabitants,
31 (D) 15.89% to the road districts of the State.
32 As soon as may be after the first day of each month the
33 Department of Transportation shall allot to each municipality
34 its share of the amount apportioned to the several
-237- LRB9000999EGfgam01
1 municipalities which shall be in proportion to the population
2 of such municipalities as determined by the last preceding
3 municipal census if conducted by the Federal Government or
4 Federal census. If territory is annexed to any municipality
5 subsequent to the time of the last preceding census the
6 corporate authorities of such municipality may cause a census
7 to be taken of such annexed territory and the population so
8 ascertained for such territory shall be added to the
9 population of the municipality as determined by the last
10 preceding census for the purpose of determining the allotment
11 for that municipality. If the population of any municipality
12 was not determined by the last Federal census preceding any
13 apportionment, the apportionment to such municipality shall
14 be in accordance with any census taken by such municipality.
15 Any municipal census used in accordance with this Section
16 shall be certified to the Department of Transportation by the
17 clerk of such municipality, and the accuracy thereof shall be
18 subject to approval of the Department which may make such
19 corrections as it ascertains to be necessary.
20 As soon as may be after the first day of each month the
21 Department of Transportation shall allot to each county its
22 share of the amount apportioned to the several counties of
23 the State as herein provided. Each allotment to the several
24 counties having less than 1,000,000 inhabitants shall be in
25 proportion to the amount of motor vehicle license fees
26 received from the residents of such counties, respectively,
27 during the preceding calendar year. The Secretary of State
28 shall, on or before April 15 of each year, transmit to the
29 Department of Transportation a full and complete report
30 showing the amount of motor vehicle license fees received
31 from the residents of each county, respectively, during the
32 preceding calendar year. The Department of Transportation
33 shall, each month, use for allotment purposes the last such
34 report received from the Secretary of State.
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1 As soon as may be after the first day of each month, the
2 Department of Transportation shall allot to the several
3 counties their share of the amount apportioned for the use of
4 road districts. The allotment shall be apportioned among the
5 several counties in the State in the proportion which the
6 total mileage of township or district roads in the respective
7 counties bears to the total mileage of all township and
8 district roads in the State. Funds allotted to the respective
9 counties for the use of road districts therein shall be
10 allocated to the several road districts in the county in the
11 proportion which the total mileage of such township or
12 district roads in the respective road districts bears to the
13 total mileage of all such township or district roads in the
14 county. After July 1 of any year, no allocation shall be
15 made for any road district unless it levied a tax for road
16 and bridge purposes in an amount which will require the
17 extension of such tax against the taxable property in any
18 such road district at a rate of not less than either .08% of
19 the value thereof, based upon the assessment for the year
20 immediately prior to the year in which such tax was levied
21 and as equalized by the Department of Revenue or, in DuPage
22 County, an amount equal to or greater than $12,000 per mile
23 of road under the jurisdiction of the road district,
24 whichever is less. If any road district has levied a special
25 tax for road purposes pursuant to Sections 6-601, 6-602 and
26 6-603 of the Illinois Highway Code, and such tax was levied
27 in an amount which would require extension at a rate of not
28 less than .08% of the value of the taxable property thereof,
29 as equalized or assessed by the Department of Revenue, or, in
30 DuPage County, an amount equal to or greater than $12,000 per
31 mile of road under the jurisdiction of the road district,
32 whichever is less, such levy shall, however, be deemed a
33 proper compliance with this Section and shall qualify such
34 road district for an allotment under this Section. If a
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1 township has transferred to the road and bridge fund money
2 which, when added to the amount of any tax levy of the road
3 district would be the equivalent of a tax levy requiring
4 extension at a rate of at least .08%, or, in DuPage County,
5 an amount equal to or greater than $12,000 per mile of road
6 under the jurisdiction of the road district, whichever is
7 less, such transfer, together with any such tax levy, shall
8 be deemed a proper compliance with this Section and shall
9 qualify the road district for an allotment under this
10 Section.
11 In counties in which a property tax extension limitation
12 is imposed under the Property Tax Extension Limitation Law,
13 road districts may retain their entitlement to a motor fuel
14 tax allotment if, at the time the property tax extension
15 limitation was imposed, the road district was levying a road
16 and bridge tax at a rate sufficient to entitle it to a motor
17 fuel tax allotment and continues to levy the maximum
18 allowable amount after the imposition of the property tax
19 extension limitation. Any road district may in all
20 circumstances retain its entitlement to a motor fuel tax
21 allotment if it levied a road and bridge tax in an amount
22 that will require the extension of the tax against the
23 taxable property in the road district at a rate of not less
24 than 0.08% of the assessed value of the property, based upon
25 the assessment for the year immediately preceding the year in
26 which the tax was levied and as equalized by the Department
27 of Revenue or, in DuPage County, an amount equal to or
28 greater than $12,000 per mile of road under the jurisdiction
29 of the road district, whichever is less.
30 As used in this Section the term "road district" means
31 any road district, including a county unit road district,
32 provided for by the Illinois Highway Code; and the term
33 "township or district road" means any road in the township
34 and district road system as defined in the Illinois Highway
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1 Code. For the purposes of this Section, "road district" also
2 includes park districts, forest preserve districts and
3 conservation districts organized under Illinois law and
4 "township or district road" also includes such roads as are
5 maintained by park districts, forest preserve districts and
6 conservation districts. The Department of Transportation
7 shall determine the mileage of all township and district
8 roads for the purposes of making allotments and allocations
9 of motor fuel tax funds for use in road districts.
10 Payment of motor fuel tax moneys to municipalities and
11 counties shall be made as soon as possible after the
12 allotment is made. The treasurer of the municipality or
13 county may invest these funds until their use is required and
14 the interest earned by these investments shall be limited to
15 the same uses as the principal funds.
16 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
17 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)
18 Section 45. The Cannabis and Controlled Substances Tax
19 Act is amended by changing Section 16 as follows:
20 (35 ILCS 520/16) (from Ch. 120, par. 2166)
21 Sec. 16. All assessments are Jeopardy Assessments -
22 lien.
23 (a) Assessment. An assessment for a dealer not
24 possessing valid stamps or other official indicia showing
25 that the tax has been paid shall be considered a jeopardy
26 assessment or collection, as provided by Section 1102 of the
27 Illinois Income Tax Act. The Department shall determine and
28 assess a tax and applicable penalties and interest according
29 to the best judgment and information available to the
30 Department, which amount so fixed by the Department shall be
31 prima facie correct and shall be prima facie evidence of the
32 correctness of the amount of tax due, as shown in such
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1 determination. When, according to the best judgment and
2 information available to the Department with regard to all
3 real and personal property and rights to property of the
4 dealer, there is no reasonable expectation of collection of
5 the amount of tax and penalty to be assessed, the Department
6 may issue an assessment under this Section for the amount of
7 tax without penalty.
8 (b) Filing of Lien. Upon issuance of a jeopardy
9 assessment as provided by subsection (a) of this Section, the
10 Department may file a notice of jeopardy assessment lien in
11 the office of the recorder of the county in which any
12 property of the taxpayer may be located and shall notify the
13 taxpayer of such filing.
14 (c) Protest. If the taxpayer believes that he does not
15 owe some or all of the amount for which the jeopardy
16 assessment lien against him has been filed, he may protest
17 within 20 days after being notified by the Department of the
18 filing of such jeopardy assessment lien and request a
19 hearing, whereupon the Department shall hold a hearing in
20 conformity with the provisions of Section 908 of the Illinois
21 Income Tax Act and, pursuant thereto, shall notify the
22 taxpayer of its decision as to whether or not such jeopardy
23 assessment lien will be released.
24 After the expiration of the period within which the
25 person assessed may file an action for judicial review under
26 the Administrative Review Law without such action being
27 filed, a certified copy of the final assessment or revised
28 final assessment of the Department may be filed with the
29 Circuit Court of the county in which the dealer resides, or
30 of Cook County in the case of a dealer who does not reside in
31 this State, or in the county where the violation of this Act
32 took place. The certified copy of the final assessment or
33 revised final assessment shall be accompanied by a
34 certification which recites facts that are sufficient to show
-242- LRB9000999EGfgam01
1 that the Department complied with the jurisdictional
2 requirements of the Act in arriving at its final assessment
3 or its revised final assessment and that the dealer had this
4 opportunity for an administrative hearing and for judicial
5 review, whether he availed himself or herself of either or
6 both of these opportunities or not. If the court is
7 satisfied that the Department complied with the
8 jurisdictional requirements of the Act in arriving at its
9 final assessment or its revised final assessment and that the
10 taxpayer had his opportunity for an administrative hearing
11 and for judicial review, whether he availed himself of either
12 or both of these opportunities or not, the court shall render
13 judgment in favor of the Department and against the taxpayer
14 for the amount shown to be due by the final assessment or the
15 revised final assessment, plus any interest which may be due,
16 and such judgment shall be entered in the judgment docket of
17 the court. Such judgment shall bear the same rate of
18 interest and shall have the same effect as other judgments.
19 The judgment may be enforced, and all laws applicable to
20 sales for the enforcement of a judgment shall be applicable
21 to sales made under such judgments. The Department shall
22 file the certified copy of its assessment, as herein
23 provided, with the Circuit Court within 2 years after such
24 assessment becomes final except when the taxpayer consents in
25 writing to an extension of such filing period, and except
26 that the time limitation period on the Department's right to
27 file the certified copy of its assessment with the Circuit
28 Court shall not run during any period of time in which the
29 order of any court has the effect of enjoining or restraining
30 the Department from filing such certified copy of its
31 assessment with the Circuit Court.
32 If, when the cause of action for a proceeding in court
33 accrues against a person, he or she is out of the State, the
34 action may be commenced within the times herein limited,
-243- LRB9000999EGfgam01
1 after his or her coming into or returning to the State; and
2 if, after the cause of action accrues, he or she departs from
3 and remains out of the State, the time of his or her absence
4 from the State, the time of his or her absence is no part of
5 the time limited for the commencement of the action; but the
6 foregoing provisions concerning absence from the State shall
7 not apply to any case in which, at the time the cause of
8 action accrues, the party against whom the cause of action
9 accrues is not a resident of this State. The time within
10 which a court action is action's to be commenced by the
11 Department hereunder shall not run from the date the taxpayer
12 files a petition in bankruptcy under the Federal Bankruptcy
13 Act until 30 days after notice of termination or expiration
14 of the automatic stay imposed by the Federal Bankruptcy Act.
15 No claim shall be filed against the estate of any
16 deceased person or any person under legal disability for any
17 tax or penalty or part of either, or interest, except in the
18 manner prescribed and within the time limited by the Probate
19 Act of 1975, as amended.
20 The collection of tax or penalty or interest by any means
21 provided for herein shall not be a bar to any prosecution
22 under this Act.
23 In addition to any penalty provided for in this Act, any
24 amount of tax which is not paid when due shall bear interest
25 at the rate determined in accordance with the Uniform Penalty
26 and Interest Act, per month or fraction thereof from the date
27 when such tax becomes past due until such tax is paid or a
28 judgment therefor is obtained by the Department. If the time
29 for making or completing an audit of a taxpayer's books and
30 records is extended with the taxpayer's consent, at the
31 request of and for the convenience of the Department, beyond
32 the date on which the statute of limitations upon the
33 issuance of a notice of tax liability by the Department
34 otherwise run, no interest shall accrue during the period of
-244- LRB9000999EGfgam01
1 such extension. Interest shall be collected in the same
2 manner and as part of the tax.
3 If the Department determines that an amount of tax or
4 penalty or interest was incorrectly assessed, whether as the
5 result of a mistake of fact or an error of law, the
6 Department shall waive the amount of tax or penalty or
7 interest that accrued due to the incorrect assessment.
8 (Source: P.A. 87-205; 88-669, eff. 11-29-94; revised
9 12-18-97.)
10 Section 46. The Public Utilities Revenue Act is amended
11 by changing Section 5 as follows:
12 (35 ILCS 620/5) (from Ch. 120, par. 472)
13 Sec. 5. All of the provisions of Sections 4, (except that
14 the time limitation provisions shall run from the date when
15 the tax is due rather than from the date when gross receipts
16 are received), 5 (except that the time limitation provisions
17 on the issuance of notices of tax liability shall run from
18 the date when the tax is due rather than from the date when
19 gross receipts are received and except that, in the case of a
20 failure to file a return required by this Act, no notice of
21 tax liability shall be issued covering tax due with that
22 return more than 6 years after the original due date of that
23 return, and except that the 30% penalty provided for in
24 Section 5 shall not apply), 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g,
25 5i, 5j, 6b, and 6c of the Retailers' Occupation Tax Act,
26 which are not inconsistent with this Act, and the Uniform
27 Penalty and Interest Act shall apply, as far as practicable,
28 to the subject matter of this Act to the same extent as if
29 such provisions were included herein. References in such
30 incorporated Sections of the Retailers' Occupation Tax Act to
31 retailers, to sellers or to persons engaged in the business
32 of selling tangible personal property mean persons engaged in
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1 the business of distributing electricity when used in this
2 Act. References in such incorporated Sections of the
3 Retailers' Occupation Tax Act to sales of tangible personal
4 property mean the distributing of electricity when used in
5 this Act.
6 (Source: P.A. 90-491, eff. 1-1-98; 90-561, eff. 1-1-98;
7 revised 1-6-98.)
8 Section 47. The Telecommunications Municipal
9 Infrastructure Maintenance Fee Act is amended by changing
10 Section 25 as follows:
11 (35 ILCS 635/25)
12 Sec. 25. Collection, enforcement, and administration of
13 telecommunications infrastructure maintenance fees.
14 (a) A telecommunications retailer shall charge each
15 customer an additional charge equal to the sum of (1) an
16 amount equal to the State infrastructure maintenance fee
17 attributable to that customer's service address and (2) an
18 amount equal to the optional infrastructure maintenance fee,
19 if any, attributable to that customer's service address and
20 (3) an amount equal to the municipal infrastructure
21 maintenance fee, if any, attributable to that customer's
22 service address. Such additional charge shall be shown
23 separately on the bill to each customer.
24 (b) The State infrastructure maintenance fee and the
25 optional infrastructure maintenance fee shall be designated
26 as a replacement for the personal property tax and shall be
27 remitted by the telecommunications retailer to the Illinois
28 Department of Revenue; provided, however, that the
29 telecommunications retailer may retain an amount not to
30 exceed 2% of the State infrastructure maintenance fee and the
31 optional infrastructure maintenance fee, if any, paid to the
32 Department, with a timely paid and timely filed return to
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1 reimburse itself for expenses incurred in collecting,
2 accounting for, and remitting the fee. All amounts herein
3 remitted to the Department shall be transferred to the
4 Personal Property Tax Replacement Fund in the State Treasury.
5 (c) The municipal infrastructure maintenance fee shall
6 be remitted by the telecommunications retailer to the
7 municipality imposing the municipal infrastructure
8 maintenance fee; provided, however, that the
9 telecommunications retailer may retain an amount not to
10 exceed 2% of the municipal infrastructure maintenance fee
11 collected by it to reimburse itself for expenses incurred in
12 accounting for and remitting the fee. The municipality
13 imposing the municipal infrastructure maintenance fee shall
14 collect, enforce, and administer the fee.
15 (d) Except as provided in subsection (e) (f), during any
16 period of time when a municipality receives any compensation
17 other than the municipal infrastructure maintenance fee set
18 forth in Section 20, for a telecommunications retailer's use
19 of the public right-of-way, no municipal infrastructure
20 maintenance fee may be imposed by such municipality pursuant
21 to this Act.
22 (e) A municipality that, pursuant to a franchise
23 agreement in existence on the effective date of this Act,
24 receives compensation from a telecommunications retailer for
25 the use of the public right of way, may impose a municipal
26 infrastructure maintenance fee pursuant to this Act only on
27 the condition that such municipality (1) waives its right to
28 receive all fees, charges and other compensation under all
29 existing franchise agreements or the like with
30 telecommunications retailers during the time that the
31 municipality imposes a municipal infrastructure maintenance
32 fee and (2) imposes by ordinance (or other proper means) a
33 municipal infrastructure maintenance fee which becomes
34 effective no sooner than 90 days after such municipality has
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1 provided written notice by certified mail to each
2 telecommunications retailer with whom the municipality has an
3 existing franchise agreement, that the municipality waives
4 all compensation under such existing franchise agreement.
5 (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97;
6 revised 12-30-97.)
7 Section 48. The Illinois Pension Code is amended by
8 changing Sections 1-113, 2-108.1, 2-120, 5-168.1, 7-171,
9 8-154, 8-173, 8-230.1, 9-108, 9-167, 9-170.1, 9-177, 9-179.2,
10 9-182, 11-167, 11-221.1, 12-124, 14-103.13, 14-104, 14-104.5,
11 14-108, 15-106, 15-134, 15-136, 15-157, 15-185, 16-140,
12 17-116.6, 17-127, 17-129, and 17-156.1 and setting forth and
13 renumbering multiple versions of Section 14-104.10 as
14 follows:
15 (40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
16 Sec. 1-113. Investment authority of certain pension
17 funds, not including those established under Article 3 or 4.
18 The investment authority of a board of trustees of a
19 retirement system or pension fund established under this Code
20 shall, if so provided in the Article establishing such
21 retirement system or pension fund, embrace the following
22 investments:
23 (1) Bonds, notes and other direct obligations of the
24 United States Government; bonds, notes and other obligations
25 of any United States Government agency or instrumentality,
26 whether or not guaranteed; and obligations the principal and
27 interest of which are guaranteed unconditionally by the
28 United States Government or by an agency or instrumentality
29 thereof.
30 (2) Obligations of the Inter-American Development Bank,
31 the International Bank for Reconstruction and Development,
32 the African Development Bank, the International Finance
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1 Corporation, and the Asian Development Bank.
2 (3) Obligations of any state, or of any political
3 subdivision in Illinois, or of any county or city in any
4 other state having a population as shown by the last federal
5 census of not less than 30,000 inhabitants provided that such
6 political subdivision is not permitted by law to become
7 indebted in excess of 10% of the assessed valuation of
8 property therein and has not defaulted for a period longer
9 than 30 days in the payment of interest and principal on any
10 of its general obligations or indebtedness during a period of
11 10 calendar years immediately preceding such investment.
12 (4) Nonconvertible bonds, debentures, notes and other
13 corporate obligations of any corporation created or existing
14 under the laws of the United States or any state, district or
15 territory thereof, provided there has been no default on the
16 obligations of the corporation or its predecessor(s) during
17 the 5 calendar years immediately preceding the purchase. Up
18 to 5% of the assets of a pension fund established under
19 Article 9 of this Code may be invested in nonconvertible
20 bonds, debentures, notes, and other corporate obligations of
21 corporations created or existing under the laws of a foreign
22 country, provided there has been no default on the
23 obligations of the corporation or its predecessors during the
24 5 calendar years immediately preceding the date of purchase.
25 (5) Obligations guaranteed by the Government of Canada,
26 or by any Province of Canada, or by any Canadian city with a
27 population of not less than 150,000 inhabitants, provided (a)
28 they are payable in United States currency and are exempt
29 from any Canadian withholding tax; (b) the investment in any
30 one issue of bonds shall not exceed 10% of the amount
31 outstanding; and (c) the total investments at book value in
32 Canadian securities shall be limited to 5% of the total
33 investment account of the board at book value.
34 (5.1) Direct obligations of the State of Israel for the
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1 payment of money, or obligations for the payment of money
2 which are guaranteed as to the payment of principal and
3 interest by the State of Israel, or common or preferred stock
4 or notes issued by a bank owned or controlled in whole or in
5 part by the State of Israel, on the following conditions:
6 (a) The total investments in such obligations shall
7 not exceed 5% of the book value of the aggregate
8 investments owned by the board;
9 (b) The State of Israel shall not be in default in
10 the payment of principal or interest on any of its direct
11 general obligations on the date of such investment;
12 (c) The bonds, stock or notes, and interest thereon
13 shall be payable in currency of the United States;
14 (d) The bonds shall (1) contain an option for the
15 redemption thereof after 90 days from date of purchase or
16 (2) either become due 5 years from the date of their
17 purchase or be subject to redemption 120 days after the
18 date of notice for redemption;
19 (e) The investment in these obligations has been
20 approved in writing by investment counsel employed by the
21 board, which counsel shall be a national or state bank or
22 trust company authorized to do a trust business in the
23 State of Illinois, or an investment advisor qualified
24 under the Federal Investment Advisors Act of 1940 and
25 registered under the Illinois Securities Act of 1953;
26 (f) The fund or system making the investment shall
27 have at least $5,000,000 of net present assets.
28 (6) Notes secured by mortgages under Sections 203, 207,
29 220 and 221 of the National Housing Act which are insured by
30 the Federal Housing Commissioner, or his successor assigns,
31 or debentures issued by such Commissioner, which are
32 guaranteed as to principal and interest by the Federal
33 Housing Administration, or agency of the United States
34 Government, provided the aggregate investment shall not
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1 exceed 20% of the total investment account of the board at
2 book value, and provided further that the investment in such
3 notes under Sections 220 and 221 shall in no event exceed
4 one-half of the maximum investment in notes under this
5 paragraph.
6 (7) Loans to veterans guaranteed in whole or part by the
7 United States Government pursuant to Title III of the Act of
8 Congress known as the "Servicemen's Readjustment Act of
9 1944," 58 Stat. 284, 38 U.S.C. 693, as amended or
10 supplemented from time to time, provided such guaranteed
11 loans are liens upon real estate.
12 (8) Common and preferred stocks and convertible debt
13 securities authorized for investment of trust funds under the
14 laws of the State of Illinois, provided:
15 (a) the common stocks, except as provided in
16 subparagraph (g), are listed on a national securities
17 exchange or board of trade, as defined in the federal
18 Securities Exchange Act of 1934, or quoted in the
19 National Association of Securities Dealers Automated
20 Quotation System (NASDAQ);
21 (b) the securities are of a corporation created or
22 existing under the laws of the United States or any
23 state, district or territory thereof, except that up to
24 5% of the assets of a pension fund established under
25 Article 9 of this Code may be invested in securities
26 issued by corporations created or existing under the laws
27 of a foreign country, if those securities are otherwise
28 in conformance with this paragraph (8);
29 (c) the corporation is not in arrears on payment of
30 dividends on its preferred stock;
31 (d) the total book value of all stocks and
32 convertible debt owned by any pension fund or retirement
33 system shall not exceed 40% of the aggregate book value
34 of all investments of such pension fund or retirement
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1 system, except for a pension fund or retirement system
2 governed by Article 9, 13, or 17, where the total of all
3 stocks and convertible debt shall not exceed 50% of the
4 aggregate book value of all fund investments;
5 (e) the book value of stock and convertible debt
6 investments in any one corporation shall not exceed 5% of
7 the total investment account at book value in which such
8 securities are held, determined as of the date of the
9 investment, and the investments in the stock of any one
10 corporation shall not exceed 5% of the total outstanding
11 stock of such corporation, and the investments in the
12 convertible debt of any one corporation shall not exceed
13 5% of the total amount of such debt that may be
14 outstanding;
15 (f) the straight preferred stocks or convertible
16 preferred stocks and convertible debt securities are
17 issued or guaranteed by a corporation whose common stock
18 qualifies for investment by the board; and
19 (g) that any common stocks not listed or quoted as
20 provided in subdivision 8(a) above be limited to the
21 following types of institutions: (a) any bank which is a
22 member of the Federal Deposit Insurance Corporation
23 having capital funds represented by capital stock,
24 surplus and undivided profits of at least $20,000,000;
25 (b) any life insurance company having capital funds
26 represented by capital stock, special surplus funds and
27 unassigned surplus totalling at least $50,000,000; and
28 (c) any fire or casualty insurance company, or a
29 combination thereof, having capital funds represented by
30 capital stock, net surplus and voluntary reserves of at
31 least $50,000,000.
32 (9) Withdrawable accounts of State chartered and federal
33 chartered savings and loan associations insured by the
34 Federal Savings and Loan Insurance Corporation; deposits or
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1 certificates of deposit in State and national banks insured
2 by the Federal Deposit Insurance Corporation; and share
3 accounts or share certificate accounts in a State or federal
4 credit union, the accounts of which are insured as required
5 by The Illinois Credit Union Act or the Federal Credit Union
6 Act, as applicable.
7 No bank or savings and loan association shall receive
8 investment funds as permitted by this subsection (9), unless
9 it has complied with the requirements established pursuant to
10 Section 6 of the Public Funds Investment Act.
11 (10) Trading, purchase or sale of listed options on
12 underlying securities owned by the board.
13 (11) Contracts and agreements supplemental thereto
14 providing for investments in the general account of a life
15 insurance company authorized to do business in Illinois.
16 (12) Conventional mortgage pass-through securities which
17 are evidenced by interests in Illinois owner-occupied
18 residential mortgages, having not less than an "A" rating
19 from at least one national securities rating service. Such
20 mortgages may have loan-to-value ratios up to 95%, provided
21 that any amount over 80% is insured by private mortgage
22 insurance. The pool of such mortgages shall be insured by
23 mortgage guaranty or equivalent insurance, in accordance with
24 industry standards.
25 (13) Pooled or commingled funds managed by a national or
26 State bank which is authorized to do a trust business in the
27 State of Illinois, shares of registered investment companies
28 as defined in the federal Investment Company Act of 1940
29 which are registered under that Act, and separate accounts of
30 a life insurance company authorized to do business in
31 Illinois, where such pooled or commingled funds, shares, or
32 separate accounts are comprised of common or preferred
33 stocks, bonds, or money market instruments.
34 (14) Pooled or commingled funds managed by a national or
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1 state bank which is authorized to do a trust business in the
2 State of Illinois, separate accounts managed by a life
3 insurance company authorized to do business in Illinois, and
4 commingled group trusts managed by an investment adviser
5 registered under the federal Investment Advisors Act of 1940
6 (15 U.S.C. 80b-1 et seq.) and under the Illinois Securities
7 Law of 1953, where such pooled or commingled funds, separate
8 accounts or commingled group trusts are comprised of real
9 estate or loans upon real estate secured by first or second
10 mortgages. The total investment in such pooled or commingled
11 funds, commingled group trusts and separate accounts shall
12 not exceed 10% of the aggregate book value of all investments
13 owned by the fund.
14 (15) Investment companies which (a) are registered as
15 such under the Investment Company Act of 1940, (b) are
16 diversified, open-end management investment companies and (c)
17 invest only in money market instruments.
18 (16) Up to 10% of the assets of the fund may be invested
19 in investments not included in paragraphs (1) through (15) of
20 this Section, provided that such investments comply with the
21 requirements and restrictions set forth in Sections 1-109,
22 1-109.1, 1-109.2, 1-110 and 1-111 of this Code.
23 The board shall have the authority to enter into such
24 agreements and to execute such documents as it determines to
25 be necessary to complete any investment transaction.
26 Any limitations herein set forth shall be applicable only
27 at the time of purchase and shall not require the liquidation
28 of any investment at any time.
29 All investments shall be clearly held and accounted for
30 to indicate ownership by such board. Such board may direct
31 the registration of securities in its own name or in the name
32 of a nominee created for the express purpose of registration
33 of securities by a national or state bank or trust company
34 authorized to conduct a trust business in the State of
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1 Illinois.
2 Investments shall be carried at cost or at a value
3 determined in accordance with generally accepted accounting
4 principles and accounting procedures approved by such board.
5 (Source: P.A. 90-12, eff. 6-13-97; 90-507, eff. 8-22-97;
6 90-511, eff. 8-22-97; revised 11-17-97.)
7 (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
8 Sec. 2-108.1. Highest salary for annuity purposes.
9 (a) "Highest salary for annuity purposes" means
10 whichever of the following is applicable to the participant:
11 (1) For a participant who is a member of the
12 General Assembly on his or her last day of service: the
13 highest salary that is prescribed by law, on the
14 participant's last day of service, for a member of the
15 General Assembly who is not an officer; plus, if the
16 participant was elected or appointed to serve as an
17 officer of the General Assembly for 2 or more years and
18 has made contributions as required under subsection (d)
19 of Section 2-126, the highest additional amount of
20 compensation prescribed by law, at the time of the
21 participant's service as an officer, for members of the
22 General Assembly who serve in that office.
23 (2) For a participant who holds one of the State
24 executive offices specified in Section 2-105 on his or
25 her last day of service: the highest salary prescribed by
26 law for service in that office on the participant's last
27 day of service.
28 (3) For a participant who is Clerk or Assistant
29 Clerk of the House Senate of Representatives or Secretary
30 or Assistant Secretary of the Senate on his or her last
31 day of service: the salary received for service in that
32 capacity on the last day of service, but not to exceed
33 the highest salary (including additional compensation for
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1 service as an officer) that is prescribed by law on the
2 participant's last day of service for the highest paid
3 officer of the General Assembly.
4 (4) For a participant who is a continuing
5 participant under Section 2-117.1 on his or her last day
6 of service: the salary received for service in that
7 capacity on the last day of service, but not to exceed
8 the highest salary (including additional compensation for
9 service as an officer) that is prescribed by law on the
10 participant's last day of service for the highest paid
11 officer of the General Assembly.
12 (b) The earnings limitations of subsection (a) apply to
13 earnings under any other participating system under the
14 Retirement Systems Reciprocal Act that are considered in
15 calculating a proportional annuity under this Article, except
16 in the case of a person who first became a member of this
17 System before August 22, the effective date of this
18 amendatory Act of 1994.
19 (c) In calculating the subsection (a) earnings
20 limitation to be applied to earnings under any other
21 participating system under the Retirement Systems Reciprocal
22 Act for the purpose of calculating a proportional annuity
23 under this Article, the participant's last day of service
24 shall be deemed to mean the last day of service in any
25 participating system from which the person has applied for a
26 proportional annuity under the Retirement Systems Reciprocal
27 Act.
28 (Source: P.A. 88-593, eff. 8-22-94; revised 6-27-97.)
29 (40 ILCS 5/2-120) (from Ch. 108 1/2, par. 2-120)
30 Sec. 2-120. Reversionary annuity. (a) Prior to
31 retirement, a participant may elect to take a reduced
32 retirement annuity and provide, with the actuarial value of
33 the amount of the reduction in annuity, a reversionary
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1 annuity for a spouse, parent, child, brother or sister. The
2 option shall be exercised by the filing of a written
3 designation with the board prior to retirement, and may be
4 revoked by the participant at any time before retirement. The
5 death of the participant or the designated reversionary
6 annuitant prior to the participant's retirement shall
7 automatically void this option. If the reversionary annuitant
8 dies after the participant's retirement, the reduced annuity
9 being paid to the retired participant shall remain unchanged
10 and no reversionary annuity shall be payable.
11 (b) A reversionary annuity shall not be payable if the
12 participant dies before the expiration of 2 years from the
13 date the written designation was filed with the board even
14 though he or she had retired and was receiving a reduced
15 retirement annuity under this option.
16 (c) A reversionary annuity shall begin on the first day
17 of the month following the death of the annuitant and
18 continue until the death of the reversionary annuitant.
19 (d) For a member electing to take a reduced annuity
20 under this Section, the automatic increases provided in
21 Section 2-119.1 2-119.2 shall be applied to the amount of the
22 reduced retirement annuity.
23 (Source: P.A. 83-1440; revised 12-18-97.)
24 (40 ILCS 5/5-168.1) (from Ch. 108 1/2, par. 5-168.1)
25 Sec. 5-168.1. The employer may pick up the employee
26 contributions required by Sections 5-167.1, 5-169, 5-170,
27 5-171 and 5-175.1 5.175.1 for salary earned after December
28 31, 1981. If employee contributions are not picked up, the
29 amount that would have been picked up under this amendatory
30 Act of 1980 shall continue to be deducted from salary. If
31 employee contributions are picked up they shall be treated as
32 employer contributions in determining tax treatment under the
33 United States Internal Revenue Code; however, the employer
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1 shall continue to withhold Federal and state income taxes
2 based upon these contributions until the Internal Revenue
3 Service or the Federal courts rule that pursuant to Section
4 414(h) of the United States Internal Revenue Code, these
5 contributions shall not be included as gross income of the
6 employee until such time as they are distributed or made
7 available. The employer shall pay these employee
8 contributions from the same source of funds which is used in
9 paying salary to the employee. The employer may pick up these
10 contributions by a reduction in the cash salary of the
11 employee or by an offset against a future salary increase or
12 by a combination of a reduction in salary and offset against
13 a future salary increase. If employee contributions are
14 picked up they shall be treated for all purposes of this
15 Article 5, including Section 5-168, in the same manner and to
16 the same extent as employee contributions made prior to the
17 date picked up.
18 (Source: P.A. 81-1536; revised 12-18-97.)
19 (40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
20 Sec. 7-171. Finance; taxes.
21 (a) Each municipality other than a school district shall
22 appropriate an amount sufficient to provide for the current
23 municipality contributions required by Section 7-172 of this
24 Article, for the fiscal year for which the appropriation is
25 made and all amounts due for municipal contributions for
26 previous years. Those municipalities which have been assessed
27 an annual amount to amortize its unfunded obligation, as
28 provided in subparagraph 5 of paragraph (a) of Section 7-172
29 of this Article, shall include in the appropriation an amount
30 sufficient to pay the amount assessed. The appropriation
31 shall be based upon an estimate of assets available for
32 municipality contributions and liabilities therefor for the
33 fiscal year for which appropriations are to be made,
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1 including funds available from levies for this purpose in
2 prior years.
3 (b) For the purpose of providing monies for municipality
4 contributions, beginning for the year in which a municipality
5 is included in this fund:
6 (1) A municipality other than a school district may
7 levy a tax which shall not exceed the amount appropriated
8 for municipality contributions.
9 (2) A school district may levy a tax in an amount
10 reasonably calculated at the time of the levy to provide
11 for the municipality contributions required under Section
12 7-172 of this Article for the fiscal years for which
13 revenues from the levy will be received and all amounts
14 due for municipal contributions for previous years. Any
15 levy adopted before the effective date of this amendatory
16 Act of 1995 by a school district shall be considered
17 valid and authorized to the extent that the amount was
18 reasonably calculated at the time of the levy to provide
19 for the municipality contributions required under Section
20 7-172 for the fiscal years for which revenues from the
21 levy will be received and all amounts due for municipal
22 contributions for previous years. In no event shall a
23 budget adopted by a school district limit a levy of that
24 school district adopted under this Section.
25 (c) Any county which is served by a regional office of
26 education that serves 2 or more counties may include in its
27 appropriation an amount sufficient to provide its
28 proportionate share of the municipality contributions for
29 that regional office of education. The tax levy authorized
30 by this Section may include an amount necessary to provide
31 monies for this contribution.
32 (d) Any county that is a part of a multiple-county
33 health department or consolidated health department which is
34 formed under "An Act in relation to the establishment and
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1 maintenance of county and multiple-county public health
2 departments", approved July 9, 1943, as amended, and which is
3 a participating instrumentality may include in the county's
4 appropriation an amount sufficient to provide its
5 proportionate share of municipality contributions of the
6 department. The tax levy authorized by this Section may
7 include the amount necessary to provide monies for this
8 contribution.
9 (d-5) A school district participating in a special
10 education joint agreement created under Section 10-22.31 of
11 the School Code that is a participating instrumentality may
12 include in the school district's tax levy under this Section
13 an amount sufficient to provide its proportionate share of
14 the municipality contributions for current and prior service
15 by employees of the participating instrumentality created
16 under the joint agreement.
17 (e) Such tax shall be levied and collected in like
18 manner, with the general taxes of the municipality and shall
19 be in addition to all other taxes which the municipality is
20 now or may hereafter be authorized to levy upon all taxable
21 property therein, and shall be exclusive of and in addition
22 to the amount of tax levied for general purposes under
23 Section 8-3-1 of the "Illinois Municipal Code", approved May
24 29, 1961, as amended, or under any other law or laws which
25 may limit the amount of tax which the municipality may levy
26 for general purposes. The tax may be levied by the governing
27 body of the municipality without being authorized as being
28 additional to all other taxes by a vote of the people of the
29 municipality.
30 (f) The county clerk of the county in which any such
31 municipality is located, in reducing tax levies shall not
32 consider any such tax as a part of the general tax levy for
33 municipality purposes, and shall not include the same in the
34 limitation of any other tax rate which may be extended.
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1 (g) The amount of the tax to be levied in any year
2 shall, within the limits herein prescribed, be determined by
3 the governing body of the respective municipality.
4 (h) The revenue derived from any such tax levy shall be
5 used only for the purposes specified in this Article and, as
6 collected, shall be paid to the treasurer of the municipality
7 levying the tax. Monies received by a county treasurer for
8 use in making contributions to a regional office of education
9 for its municipality contributions shall be held by him for
10 that purpose and paid to the regional office of education in
11 the same manner as other monies appropriated for the expense
12 of the regional office.
13 (Source: P.A. 89-329, eff. 8-17-95; 90-448, eff. 8-16-97;
14 90-511, eff. 8-22-97; revised 11-17-97.)
15 (40 ILCS 5/8-154) (from Ch. 108 1/2, par. 8-154)
16 Sec. 8-154. Maximum annuities.
17 (1) The annuities to an employee and his widow are
18 subject to the following limitations:
19 (a) No age and service annuity, or age and service
20 and prior service annuity combined, in excess of 60% of
21 the highest salary of an employee, and no minimum annuity
22 in excess of the amount provided in Section 8-138 or set
23 forth as a maximum in any other Section of this Code
24 relating to minimum annuities for municipal employees
25 included under Article 8 of this Code shall be payable to
26 any employee - excepting to the extent that the annuity
27 may exceed such per cent or amount under Section 8-137
28 and 8-137.1 providing for automatic increases after
29 retirement.
30 (b) No annuity in excess of 60% of such highest
31 salary shall be payable to a widow if death of an
32 employee results solely from injury incurred in the
33 performance of an act of duty; provided, the annuity for
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1 a widow, or a widow's annuity plus compensation annuity,
2 shall not exceed $500 per month if the employee's death
3 occurs before January 23, 1987, except as provided in
4 paragraph (d). The widow's annuity, or a widow's annuity
5 plus compensation annuity, shall not be limited to a
6 maximum dollar amount if the employee's death occurs on
7 or after January 23, 1987, regardless of the date of
8 injury.
9 (c) No annuity in excess of 50% of such highest
10 salary shall be payable to a widow in the case of death
11 resulting in whole or in part from any cause other than
12 injury incurred in the performance of an act of duty;
13 provided, the annuity for a widow, or a widow's annuity
14 plus supplemental annuity, shall not exceed $500 per
15 month if the employee's death occurs before January 23,
16 1987, except as provided in paragraph (d). The widow's
17 annuity, or widow's annuity plus supplemental annuity,
18 shall not be limited to a maximum dollar amount if the
19 employee's death occurs on or after January 23, 1987.
20 (d) For widows of employees who died before January
21 23, 1987 after retirement on annuity or in service, the
22 maximum dollar amount limitation on widow's annuity (or
23 widow's annuity plus compensation or supplemental
24 annuity) shall cease to apply, beginning with the first
25 annuity payment after the effective date of this
26 amendatory Act of 1997; except that if a refund of excess
27 contributions for widow's annuity has been paid by the
28 Fund, the increase resulting from this paragraph (d)
29 shall not begin before the refund has been repaid to the
30 Fund, together with interest at the effective rate from
31 the date of the refund to the date of repayment.
32 (2) If when an employee's annuity is fixed, the amount
33 accumulated to his credit therefor, as of his age at such
34 time exceeds the amount necessary for the annuity, all
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1 contributions for annuity purposes after the date on which
2 the accumulated sums to the credit of such employee for
3 annuity purposes would first have provided such employee with
4 such amount of annuity as of his age at such date shall be
5 refunded when he enters upon annuity, with interest at the
6 effective rate.
7 If the aforesaid annuity so fixed is not payable, but a
8 larger amount is payable as a minimum annuity, such refund
9 shall be reduced by 5/12 of the value of the difference in
10 the annuity payable and the amount theretofore fixed, as the
11 value of such difference may be at the date and as of the age
12 of the employee when his annuity is granted; provided that if
13 the employee was credited with city contributions for any
14 period for which he made no contribution, or a contribution
15 of less than 3 1/4% of salary, a further reduction in the
16 refund shall be made by the equivalent of what he would have
17 contributed during such period less his actual contributions,
18 had the rate of employee contributions in force on the
19 effective date been in effect throughout his entire service,
20 prior to such effective date, with interest computed on such
21 amounts at the effective rate.
22 (3) If at the time the annuity for a wife is fixed, the
23 employee's credit for a widow's annuity exceeds that
24 necessary to provide such an annuity equal to the maximum
25 annuity provided in this section, all employee contributions
26 for such annuity, for service after the date on which the
27 accumulated sums to the credit of such employee for the
28 purpose of providing widow's annuity would first have
29 provided such widow with such amount of annuity, if such
30 annuity were computed on the basis of the Combined Annuity
31 Mortality Table with interest at 3% per annum with ages at
32 date of determination taken as specified in this Article,
33 shall be refunded to the employee, with interest at the
34 effective rate. If the employee was credited with city
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1 contributions for widow's annuity for any service prior to
2 the effective date, any amount so refundable, shall be
3 reduced by the equivalent of what he would have contributed,
4 had his contributions for widow's annuity been made at the
5 rate of 1% throughout his entire service, prior to the
6 effective date, with interest on such amounts at the
7 effective rate.
8 (4) If at the death of an employee prior to age 65, the
9 credit for widow's annuity exceeds that necessary to provide
10 the maximum annuity prescribed in this section, all employee
11 contributions for annuity purposes, for service after the
12 date on which the accumulated sums to the credit of such
13 employee for the purpose of providing such maximum annuity
14 for the widow would first have provided such widow with such
15 amount of annuity, if such annuity were computed on the basis
16 of the Combined Annuity Mortality Table with interest at 3%
17 per annum with ages at date of determination taken as
18 specified in this Article, shall be refunded to the widow,
19 with interest at the effective rate.
20 If the employee was credited with city contributions for
21 any period of service during which he was not required to
22 make a contribution, or made a contribution of less than 3
23 1/4% of salary, the refund shall be reduced by the equivalent
24 of the contributions he would have made during such period,
25 less any amount he contributed, had the rate of employee
26 contributions in effect on the effective date been in force
27 throughout his entire service, prior to the effective date,
28 with interest on such amounts at the effective rate; provided
29 that if the employee was credited with city contributions for
30 widow's annuity for any service prior to the effective date,
31 any amount so refundable shall be further reduced by the
32 equivalent of what he would have contributed had he made
33 contributions for widow's annuity at the rate of 1%
34 throughout his entire service; prior to such effective date,
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1 with interest on such amounts at the effective rate.
2 (Source: P.A. 90-511, eff. 8-22-97; revised 12-18-97.)
3 (40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
4 Sec. 8-173. Financing; tax levy.
5 (a) Except as provided in subsection (f) of this
6 Section, the city council of the city shall levy a tax
7 annually upon all taxable property in the city at a rate that
8 will produce a sum which, when added to the amounts deducted
9 from the salaries of the employees or otherwise contributed
10 by them will be sufficient for the requirements of this
11 Article, but which when extended will produce an amount not
12 to exceed the greater of the following: (a) The sum obtained
13 by the levy of a tax of .1093% of the value, as equalized or
14 assessed by the Department of Revenue, of all taxable
15 property within such city, or (b) the sum of $12,000,000.
16 However any city in which a Fund has been established and in
17 operation under this Article for more than 3 years prior to
18 1970, that city shall levy for the year 1970 a tax at a rate
19 on the dollar of assessed valuation of all taxable property
20 that will produce, when extended, an amount not to exceed 1.2
21 times the total amount of contributions made by employees to
22 the Fund for annuity purposes in the calendar year 1968, and,
23 for the year 1971 and 1972 such levy that will produce, when
24 extended, an amount not to exceed 1.3 times the total amount
25 of contributions made by of employees to the Fund for annuity
26 purposes in the calendar years 1969 and 1970, respectively;
27 and for the year 1973 an amount not to exceed 1.365 times
28 such total amount of contributions made by employees for
29 annuity purposes in the calendar year 1971; and for the year
30 1974 an amount not to exceed 1.430 times such total amount of
31 contributions made by employees for annuity purposes in the
32 calendar year 1972; and for the year 1975 an amount not to
33 exceed 1.495 times such total amount of contributions made by
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1 employees for annuity purposes in the calendar year 1973; and
2 for the year 1976 an amount not to exceed 1.560 times such
3 total amount of contributions made by employees for annuity
4 purposes in the calendar year 1974; and for the year 1977 an
5 amount not to exceed 1.625 times such total amount of
6 contributions made by employees for annuity purposes in the
7 calendar year 1975; and for the year 1978 and each year
8 thereafter such levy that will produce, when extended, an
9 amount not to exceed 1.690 times the total amount of
10 contributions made by or on behalf of employees to the Fund
11 for annuity purposes in the calendar year 2 years prior to
12 the year for which the annual applicable tax is levied.
13 The tax shall be levied and collected in like manner with
14 the general taxes of the city, and shall be exclusive of and
15 in addition to the amount of tax the city is now or may
16 hereafter be authorized to levy for general purposes under
17 any laws which may limit the amount of tax which the city may
18 levy for general purposes. The county clerk of the county in
19 which the city is located, in reducing tax levies under the
20 provisions of any Act concerning the levy and extension of
21 taxes, shall not consider the tax herein provided for as a
22 part of the general tax levy for city purposes, and shall not
23 include the same within any limitation of the percent of the
24 assessed valuation upon which taxes are required to be
25 extended for such city.
26 Revenues derived from such tax shall be paid to the city
27 treasurer of the city as collected and held by him for the
28 benefit of the fund.
29 If the payments on account of taxes are insufficient
30 during any year to meet the requirements of this Article, the
31 city may issue tax anticipation warrants against the current
32 tax levy.
33 (b) On or before January 10, annually, the board shall
34 notify the city council of the requirements of this Article
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1 that the tax herein provided shall be levied for that current
2 year. The board shall compute the amounts necessary to be
3 credited to the reserves established and maintained as herein
4 provided, and shall make an annual determination of the
5 amount of the required city contributions, and certify the
6 results thereof to the city council.
7 (c) In respect to employees of the city who are
8 transferred to the employment of a park district by virtue of
9 the "Exchange of Functions Act of 1957", the corporate
10 authorities of the park district shall annually levy a tax
11 upon all the taxable property in the park district at such
12 rate per cent of the value of such property, as equalized or
13 assessed by the Department of Revenue, as shall be
14 sufficient, when added to the amounts deducted from their
15 salaries and otherwise contributed by them to provide the
16 benefits to which they and their dependents and beneficiaries
17 are entitled under this Article. The city shall not levy a
18 tax hereunder in respect to such employees.
19 The tax so levied by the park district shall be in
20 addition to and exclusive of all other taxes authorized to be
21 levied by the park district for corporate, annuity fund, or
22 other purposes. The county clerk of the county in which the
23 park district is located, in reducing any tax levied under
24 the provisions of any act concerning the levy and extension
25 of taxes shall not consider such tax as part of the general
26 tax levy for park purposes, and shall not include the same in
27 any limitation of the per cent of the assessed valuation upon
28 which taxes are required to be extended for the park
29 district. The proceeds of the tax levied by the park
30 district, upon receipt by the district, shall be immediately
31 paid over to the city treasurer of the city for the uses and
32 purposes of the fund.
33 The various sums, to be contributed by the city and park
34 district and allocated for the purposes of this Article and
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1 any interest to be contributed by the city, shall be derived
2 from the revenue from said tax or otherwise as expressly
3 provided in this Section.
4 If it is not possible or practicable for the city to make
5 contributions for age and service annuity and widow's annuity
6 at the same time that employee contributions are made for
7 such purposes, such city contributions shall be construed to
8 be due and payable as of the end of the fiscal year for which
9 the tax is levied and shall accrue thereafter with interest
10 at the effective rate until paid.
11 (d) With respect to employees whose wages are funded as
12 participants under the Comprehensive Employment and Training
13 Act of 1973, as amended (P.L. 93-203, 87 Stat. 839, P.L.
14 93-567, 88 Stat. 1845), hereinafter referred to as CETA,
15 subsequent to October 1, 1978, and in instances where the
16 board has elected to establish a manpower program reserve,
17 the board shall compute the amounts necessary to be credited
18 to the manpower program reserves established and maintained
19 as herein provided, and shall make a periodic determination
20 of the amount of required contributions from the City to the
21 reserve to be reimbursed by the federal government in
22 accordance with rules and regulations established by the
23 Secretary of the United States Department of Labor or his
24 designee, and certify the results thereof to the City
25 Council. Any such amounts shall become a credit to the City
26 and will be used to reduce the amount which the City would
27 otherwise contribute during succeeding years for all
28 employees.
29 (e) In lieu of establishing a manpower program reserve
30 with respect to employees whose wages are funded as
31 participants under the Comprehensive Employment and Training
32 Act of 1973, as authorized by subsection (d), the board may
33 elect to establish a special municipality contribution rate
34 for all such employees. If this option is elected, the City
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1 shall contribute to the Fund from federal funds provided
2 under the Comprehensive Employment and Training Act program
3 at the special rate so established and such contributions
4 shall become a credit to the City and be used to reduce the
5 amount which the City would otherwise contribute during
6 succeeding years for all employees.
7 (f) In lieu of levying all or a portion of the tax
8 required under this Section in any year, the city may deposit
9 with the city treasurer no later than March 1 of that year
10 for the benefit of the fund, to be held in accordance with
11 this Article, an amount that, together with the taxes levied
12 under this Section for that year, is not less than the amount
13 of the city contributions for that year as certified by the
14 board to the city council. The deposit may be derived from
15 any source legally available for that purpose, including, but
16 not limited to, the proceeds of city borrowings. The making
17 of a deposit shall satisfy fully the requirements of this
18 Section for that year to the extent of the amounts so
19 deposited.
20 (Source: P.A. 90-31, eff. 6-27-97; revised 12-18-97.)
21 (40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)
22 Sec. 8-230.1. Right of employees to contribute for
23 certain other service. Any employee in the service, after
24 having made contributions covering a period of 10 or more
25 years to the annuity and benefit fund herein provided for,
26 may elect to pay for and receive credit for all annuity
27 purposes for service theretofore rendered by the employee him
28 to the Chicago Transit Authority created by the "Metropolitan
29 Transit Authority Act", approved April 12, 1945, as amended,
30 or its predecessor public utilities; provided, that the last
31 5 years of service prior to retirement on annuity shall have
32 been as an employee of the City and a contributor to this
33 Fund. Such service credit may be paid for and granted on the
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1 same basis and conditions as are applicable in the case of
2 employees who make payment for past service under the
3 provisions of Section the immediately preceding Sec. 8-230,
4 but on the assumption that the such employee's salary
5 throughout all of his or her service with the such Authority
6 or its predecessor public utilities was at the rate of the
7 employee's his salary at the date of his or her entrance into
8 the service as a municipal employee. In no event, however,
9 shall such service be credited if the such employee has not
10 forfeited and relinquished pension credit for service
11 covering such period under any pension or retirement plan
12 applicable to the such Authority or its predecessor public
13 utilities, and instituted and maintained by the such
14 Authority or its predecessor public utilities for the benefit
15 of its employees.
16 (Source: P.A. 82-971; revised 8-8-97.)
17 (40 ILCS 5/9-108) (from Ch. 108 1/2, par. 9-108)
18 Sec. 9-108. "Employee", "contributor" or "participant".
19 (a) Any employee of the county employed in any position
20 in the classified civil service of the county, or in any
21 position under the County Police Merit Board as a deputy
22 sheriff in the County Police Department.
23 Any such employee employed after January 1, 1968 and
24 before January 1, 1984 shall be entitled only to the benefits
25 provided in Sections 9-147 and 9-156, prior to the earlier of
26 completion of 12 consecutive calendar months of service and
27 January 1, 1984, and no contributions shall be made by him
28 during this period. Upon the completion of said period
29 contributions shall begin and the employee shall become
30 entitled to the benefits of this Article.
31 Any such employee may elect to make contributions for
32 such period and receive credit therefor under rules
33 prescribed by the board.
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1 Any such employee in service on or after January 1, 1984,
2 regardless of when he became an employee, shall be deemed a
3 participant and contributor to the fund created by this
4 Article and the employee shall be entitled to the benefits of
5 this Article.
6 (b) Any employee of the county employed in any position
7 not included in the classified civil service of the county
8 whose salary or wage wages is paid in whole or in part by the
9 county. Any such employee employed after July 1, 1957, and
10 before January 1, 1984, shall be entitled only to the
11 benefits provided in Sections 9-147 and 9-156, prior to the
12 earlier of completion of 12 consecutive calendar months of
13 service and January 1, 1984, and no contributions shall be
14 made by him during this period. Upon the completion of said
15 period contributions shall begin and the employee shall
16 become entitled to the benefits of this Article.
17 Any such employee may elect to make contributions for
18 such period and receive credit therefor under rules
19 prescribed by the board.
20 Any such employee in service on or after January 1, 1984,
21 regardless of when he became an employee, shall be deemed a
22 participant and contributor to the fund created by this
23 Article and the employee shall be entitled to the benefits of
24 this Article.
25 (c) Any county officer elected by vote of the people,
26 including a member of the county board, when such officer
27 elects to become a contributor.; and
28 (d) Any person employed by the board.
29 (e) Employees of a County Department of Public Aid in
30 counties of 3,000,000 or more population who are transferred
31 to State employment by operation of law enacted by the 76th
32 General Assembly and who elect not to become members of the
33 Retirement System established under Article 14 of this Code
34 as of the date they become State employees shall retain their
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1 membership in the fund established in this Article 9 until
2 the first day of the calendar month next following the date
3 on which they become State employees, at which time they
4 shall become members of the System established under Article
5 14.
6 (f) If, by operation of law, a function of a
7 "Governmental Unit", as such term is defined in the
8 "Retirement Systems Reciprocal Act" in Article 20 of the
9 Illinois Pension Code, is transferred in whole or in part to
10 the county in which this Article is in force and effect, and
11 employees are transferred as a group or class to such county
12 service, such transferred employee shall, if on the day
13 immediately prior to the date of such transfer he was a
14 contributor and participant in the annuity and benefit fund
15 or retirement system in operation in such other "Governmental
16 Unit" for employees of such Unit, immediately upon such
17 transfer be deemed a participant and contributor to the fund
18 created by this Article.
19 (Source: P.A. 83-869; revised 8-8-97.)
20 (40 ILCS 5/9-167) (from Ch. 108 1/2, par. 9-167)
21 Sec. 9-167. Refund - In lieu of annuity. In lieu of an
22 annuity, an employee who withdraws after age 60, having
23 annuity rights based on a credit of not more than 10 years of
24 service, or an employee who withdraws and whose annuity would
25 amount to less than $150 a month for life, or a former
26 employee who is receiving an annuity from the Fund of less
27 than $150 per month, regardless of his date of withdrawal
28 from service, may elect to receive a refund of the total sum
29 accumulated to his credit from employee contributions for
30 annuity purposes, minus any amounts previously paid to him by
31 the Fund.
32 The widow of any employee, eligible for annuity upon the
33 death of her husband, whose annuity would amount to less than
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1 $150 a month for life, and any widow receiving an annuity of
2 less than $150 per month, may, in lieu of a widow's annuity,
3 elect to receive a refund of the accumulated contributions
4 for annuity purposes, based on the amounts contributed by her
5 deceased employee husband, but reduced by any amounts
6 theretofore paid to either the widow or the employee in the
7 form of an annuity or refund out of such accumulated
8 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, including
13 the accumulations from any amounts contributed for him as
14 salary deductions while receiving duty disability benefits,
15 and if not otherwise included any accumulations from sums
16 contributed by him and applied to any pension fund superseded
17 by this fund, and interest credited thereon in accordance
18 with the other provisions of this Article.
19 The acceptance of such refund in lieu of widow's annuity,
20 on the part of a widow, shall not deprive a child or children
21 of the right to receive a child's annuity as provided for in
22 Sections Sec. 9-154 and 9-155 of this Article, and neither
23 shall the payment of child's annuity in the case of such
24 refund to a widow reduce the amount herein set forth as
25 refundable to such widow electing a refund in lieu of widow's
26 annuity.
27 (Source: P.A. 83-1362; revised 8-8-97.)
28 (40 ILCS 5/9-170.1) (from Ch. 108 1/2, par. 9-170.1)
29 Sec. 9-170.1. From and after January 1, 1970 any
30 employee who is credited with 35 or more years of
31 contributing service may elect to discontinue the salary
32 deductions for all annuities as specified in Sections Section
33 9-133, 9-170, and 9-176. Upon such election the annuity for
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1 the employee and his wife or widow is fixed and determined as
2 of the date of such discontinuance. No increase in annuity
3 for the employee or his wife or widow accrues thereafter
4 while he is in service. This election shall be in writing to
5 the Retirement Board at least 60 days before the date the
6 salary deductions cease.
7 (Source: P.A. 87-794; revised 8-8-97.)
8 (40 ILCS 5/9-177) (from Ch. 108 1/2, par. 9-177)
9 Sec. 9-177. Additional contributions for widow's annuity
10 for widows of present employees, future entrants and
11 re-entrants. In addition to the contributions to be made by
12 each employee and by the county for widow's annuity as herein
13 provided additional contributions shall be made as follows:
14 (a) Beginning September 1, 1935, 1% of each payment of
15 salary, not in excess of $3,000 a year, of each present
16 employee described in subdivision (b) of Section Sec. 9-109,
17 and of each future entrant and re-entrant described in
18 subdivision (d) or (e) of Section 9-110.
19 (b) Concurrently with each deduction from salary, the
20 county shall contribute a sum equal to 1 3/4% of each payment
21 of salary, not in excess of $3,000 a year.
22 (Source: Laws 1963, p. 161; revised 8-8-97.)
23 (40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
24 Sec. 9-179.2. Other governmental service-Former County
25 Service. Any employee who has rendered service to any
26 "governmental unit" as such term is defined in the
27 "Retirement Systems Reciprocal Act" under Article 20 of the
28 Illinois Pension Code, who did not contribute to the
29 retirement system of such "governmental unit", including the
30 retirement system created by this Article 9 of the Illinois
31 Pension code, for such service because of ineligibility for
32 participation and has no equity or rights in such retirement
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1 system because of such service shall be given credit for such
2 service in this fund, provided:
3 (a) The employee shall pay to this fund, while in the
4 service of such county, or while in the service of a
5 governmental unit whose retirement system has adopted the
6 "Retirement Systems Reciprocal Act", such amounts, including
7 interest at the effective rate, as he would have paid to this
8 fund, on the basis of his salary in effect during the service
9 rendered to such other "governmental unit" at the rates
10 prescribed in Section 9 of this Article 9 for the periods of
11 such service to the end that such service shall be considered
12 as service rendered to such county, with all the rights and
13 conditions attaching to such service and payments; and (b)
14 this Section shall not be applicable to any period of such
15 service for which the employee retains credit in any other
16 public annuity and benefit fund established by Act of the
17 Legislature of this State and in operation for employees of
18 such other "governmental unit" from which such employee was
19 transferred.
20 (Source: P.A. 77-1220; revised 12-18-97.)
21 (40 ILCS 5/9-182) (from Ch. 108 1/2, par. 9-182)
22 Sec. 9-182. Contributions by county for prior service
23 annuities and pensions under former acts.
24 (a) The county, State or federal contributions herein
25 authorized in Section Article 9-169 shall be applied first
26 for the purposes of this Article 9 other than those stated in
27 this Section.
28 The balance of the sum produced from such contributions
29 shall be applied for the following purposes:
30 1. "An Act to provide for the formation and
31 disbursement of a pension fund in counties having a
32 population of 150,000 or more inhabitants, for the
33 benefit of officers and employees in the service of such
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1 counties", approved June 29, 1915, as amended;
2 2. Section 9-225 of this Article;
3 3. To meet such part of any minimum annuity as
4 shall be in excess of the age and service annuity and
5 prior service annuity, and to meet such part of any
6 minimum widow's annuity in excess of the amount of
7 widow's annuity and widow's prior service annuity also
8 for the purpose of providing the county cost of automatic
9 increases in annuity after retirement in accordance with
10 Section 9-133 and for any other purpose for which moneys
11 are not otherwise provided in this Article;
12 4. To provide a sufficient balance in the
13 investment and interest reserve to permit a transfer from
14 that reserve to other reserves of the fund;
15 5. To credit to the county contribution reserve
16 such amounts required from the county but not contributed
17 by it for age and service and prior service annuities,
18 and widows' and widows' prior service annuities.
19 (b) All such contributions shall be credited to the
20 prior service annuity reserve. When the balance of this
21 reserve equals its liabilities (including in addition to all
22 other liabilities, the present values of all annuities,
23 present or prospective, according to the applicable mortality
24 tables and rates of interest), the county shall cease to
25 contribute the sum stated in this Section. Whenever the
26 balance of the investment and interest reserve is not
27 sufficient to permit a transfer from that reserve to any
28 other reserve, the county shall contribute sums sufficient to
29 make possible such transfer; provided, that if annexation of
30 territory and the employment by the county of any county
31 employee of any such territory at the time of annexation,
32 after the county has ceased to contribute as herein provided
33 results in additional liabilities for prior service annuity
34 and widow's prior service annuity for any such employee,
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1 contributions by the county for such purposes shall be
2 resumed.
3 (Source: P. A. 78-656; revised 8-8-97.)
4 (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
5 Sec. 11-167. Refunds in lieu of annuity. In lieu of an
6 annuity, an employee who withdraws, and whose annuity would
7 amount to less than $300 a month for life may elect to
8 receive a refund of the total sum accumulated to his credit
9 from employee contributions for annuity purposes.
10 The widow of any employee, eligible for annuity upon the
11 death of her husband, whose annuity would amount to less than
12 $300 a month for life, may, in lieu of a widow's annuity,
13 elect to receive a refund of the accumulated contributions
14 for annuity purposes, based on the amounts contributed by her
15 deceased employee husband, but reduced by any amounts
16 theretofore paid to him in the form of an annuity or refund
17 out of such accumulated contributions.
18 Accumulated contributions shall mean the amounts
19 including interest credited thereon contributed by the
20 employee for age and service and widow's annuity to the date
21 of his withdrawal or death, whichever first occurs, and
22 including the accumulations from any amounts contributed for
23 him as salary deductions while receiving duty disability
24 benefits; provided that such amounts contributed by the city
25 after December 31, 1983 while the employee is receiving duty
26 disability benefits shall not be included.
27 The acceptance of such refund in of lieu of widow's
28 annuity, on the part of a widow, shall not deprive a child or
29 children of the right to receive a child's annuity as
30 provided for in Sections 11-153 and 11-154 of this Article,
31 and neither shall the payment of a child's annuity in the
32 case of such refund to a widow reduce the amount herein set
33 forth as refundable to such widow electing a refund in lieu
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1 of widow's annuity.
2 (Source: P.A. 86-1488; revised 12-18-97.)
3 (40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
4 Sec. 11-221.1. Right of employees to contribute for
5 certain other service. Any employee in the service, after
6 having made contributions covering a period of 10 ten or more
7 years to the annuity and benefit fund herein provided for,
8 may elect to pay for and receive credit for all annuity
9 purposes for service theretofore rendered by the employee him
10 to the Chicago Transit Authority created by the "Metropolitan
11 Transit Authority Act", approved April 12, 1945, as amended;
12 provided, that if the such employee has more than 10 ten
13 years of such service, only the last 10 ten years of such
14 service shall be credited. Such service credit may be paid
15 for and granted on the same basis and conditions as are
16 applicable in the case of employees who make payment for past
17 service under the provisions of Section the immediately
18 preceding Sec. 11-221, but on the assumption that the such
19 employee's salary throughout all of his or her service with
20 the such Authority was at the rate of the employee's his
21 salary at the date of his or her entrance into the service as
22 an employee. In no event, however, shall such service be
23 credited if the such employee has not forfeited and
24 relinquished pension credit for service covering such period
25 under any pension or retirement plan applicable to the such
26 Authority and instituted and maintained by the such Authority
27 for the benefit of its employees.
28 (Source: P. A. 77-1761; revised 8-8-97.)
29 (40 ILCS 5/12-124) (from Ch. 108 1/2, par. 12-124)
30 Sec. 12-124. Fixation of service annuity, prior service
31 annuity or surviving spouse's annuity; limitation on
32 reversionary annuity.
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1 "Fixation of annuity": As applied to a service annuity
2 or prior service annuity or a surviving spouse's spouses's
3 annuity, the final determination of the such annuity at the
4 date of retirement.
5 A reversionary annuity calculated after January 1, 1990
6 may not be more than 75% of the service annuity granted to
7 the employee annuitant on the date of retirement unless the
8 minimum annuity to the surviving spouse payable under Section
9 12-135.1 exceeds the 75% maximum payable, in which case the
10 minimum will be payable.
11 (Source: P.A. 86-272; 87-1265; revised 7-17-97.)
12 (40 ILCS 5/14-103.13) (from Ch. 108 1/2, par. 14-103.13)
13 Sec. 14-103.13. Membership service. "Membership
14 service": Service rendered while a member of the System for
15 which credit is allowable under this Article, and for persons
16 entering service on or after January 1, 1984, or after July
17 1, 1982 in the case of an emergency or temporary employee as
18 defined in Sections 8b.8 and 8b.9 8b8 and 8b9 of the
19 "Personnel Code", service rendered as an employee before
20 becoming a member, if credit for such service is received
21 pursuant to Section 14-104.5.
22 (Source: P.A. 83-430; revised 8-8-97.)
23 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
24 Sec. 14-104. Service for which contributions permitted.
25 Contributions provided for in this Section shall cover the
26 period of service granted, and be based upon employee's
27 compensation and contribution rate in effect on the date he
28 last became a member of the System; provided that for all
29 employment prior to January 1, 1969 the contribution rate
30 shall be that in effect for a noncovered employee on the date
31 he last became a member of the System. Contributions
32 permitted under this Section shall include regular interest
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1 from the date an employee last became a member of the System
2 to date of payment.
3 These contributions must be paid in full before
4 retirement either in a lump sum or in installment payments in
5 accordance with such rules as may be adopted by the board.
6 (a) Any member may make contributions as required in
7 this Section for any period of service, subsequent to the
8 date of establishment, but prior to the date of membership.
9 (b) Any employee who had been previously excluded from
10 membership because of age at entry and subsequently became
11 eligible may elect to make contributions as required in this
12 Section for the period of service during which he was
13 ineligible.
14 (c) An employee of the Department of Insurance who,
15 after January 1, 1944 but prior to becoming eligible for
16 membership, received salary from funds of insurance companies
17 in the process of rehabilitation, liquidation, conservation
18 or dissolution, may elect to make contributions as required
19 in this Section for such service.
20 (d) Any employee who rendered service in a State office
21 to which he was elected, or rendered service in the elective
22 office of Clerk of the Appellate Court prior to the date he
23 became a member, may make contributions for such service as
24 required in this Section. Any member who served by
25 appointment of the Governor under the Civil Administrative
26 Code of Illinois and did not participate in this System may
27 make contributions as required in this Section for such
28 service.
29 (e) Any person employed by the United States government
30 or any instrumentality or agency thereof from January 1, 1942
31 through November 15, 1946 as the result of a transfer from
32 State service by executive order of the President of the
33 United States shall be entitled to prior service credit
34 covering the period from January 1, 1942 through December 31,
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1 1943 as provided for in this Article and to membership
2 service credit for the period from January 1, 1944 through
3 November 15, 1946 by making the contributions required in
4 this Section. A person so employed on January 1, 1944 but
5 whose employment began after January 1, 1942 may qualify for
6 prior service and membership service credit under the same
7 conditions.
8 (f) An employee of the Department of Labor of the State
9 of Illinois who performed services for and under the
10 supervision of that Department prior to January 1, 1944 but
11 who was compensated for those services directly by federal
12 funds and not by a warrant of the Auditor of Public Accounts
13 paid by the State Treasurer may establish credit for such
14 employment by making the contributions required in this
15 Section. An employee of the Department of Agriculture of the
16 State of Illinois, who performed services for and under the
17 supervision of that Department prior to June 1, 1963, but was
18 compensated for those services directly by federal funds and
19 not paid by a warrant of the Auditor of Public Accounts paid
20 by the State Treasurer, and who did not contribute to any
21 other public employee retirement system for such service, may
22 establish credit for such employment by making the
23 contributions required in this Section.
24 (g) Any employee who executed a waiver of membership
25 within 60 days prior to January 1, 1944 may, at any time
26 while in the service of a department, file with the board a
27 rescission of such waiver. Upon making the contributions
28 required by this Section, the member shall be granted the
29 creditable service that would have been received if the
30 waiver had not been executed.
31 (h) Until May 1, 1990, an employee who was employed on a
32 full-time basis by a regional planning commission for at
33 least 5 continuous years may establish creditable service for
34 such employment by making the contributions required under
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1 this Section, provided that any credits earned by the
2 employee in the commission's retirement plan have been
3 terminated.
4 (i) Any person who rendered full time contractual
5 services to the General Assembly as a member of a legislative
6 staff may establish service credit for up to 8 years of such
7 services by making the contributions required under this
8 Section, provided that application therefor is made not later
9 than July 1, 1991.
10 (j) By paying the contributions otherwise required under
11 this Section, plus an amount determined by the Board to be
12 equal to the employer's normal cost of the benefit plus
13 interest, an employee may establish service credit for a
14 period of up to 2 years spent in active military service for
15 which he does not qualify for credit under Section 14-105,
16 provided that (1) he was not dishonorably discharged from
17 such military service, and (2) the amount of service credit
18 established by a member under this subsection (j), when added
19 to the amount of military service credit granted to the
20 member under subsection (b) of Section 14-105, shall not
21 exceed 5 years.
22 (k) An employee who was employed on a full-time basis by
23 the Illinois State's Attorneys Association Statewide
24 Appellate Assistance Service LEAA-ILEC grant project prior to
25 the time that project became the State's Attorneys Appellate
26 Service Commission, now the Office of the State's Attorneys
27 Appellate Prosecutor, an agency of State government, may
28 establish creditable service for not more than 60 months
29 service for such employment by making contributions required
30 under this Section.
31 (l) By paying the contributions otherwise required under
32 this Section, plus an amount determined by the Board to be
33 equal to the employer's normal cost of the benefit plus
34 interest, a member may establish service credit for periods
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1 of less than one year spent on authorized leave of absence
2 from service, provided that (1) the period of leave began on
3 or after January 1, 1982 and (2) any credit established by
4 the member for the period of leave in any other public
5 employee retirement system has been terminated. A member may
6 establish service credit under this subsection for more than
7 one period of authorized leave, and in that case the total
8 period of service credit established by the member under this
9 subsection may exceed one year.
10 (m) (l) Any person who rendered contractual services to
11 a member of the General Assembly as a worker in the member's
12 district office may establish creditable service for up to 3
13 years of those contractual services by making the
14 contributions required under this Section. The System shall
15 determine a full-time salary equivalent for the purpose of
16 calculating the required contribution. To establish credit
17 under this subsection, the applicant must apply to the System
18 by March 1, 1998.
19 (n) (l) Any person who rendered contractual services to
20 a member of the General Assembly as a worker providing
21 constituent services to persons in the member's district may
22 establish creditable service for up to 8 years of those
23 contractual services by making the contributions required
24 under this Section. The System shall determine a full-time
25 salary equivalent for the purpose of calculating the required
26 contribution. To establish credit under this subsection, the
27 applicant must apply to the System by March 1, 1998.
28 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
29 90-511, eff. 8-22-97; revised 9-5-97.)
30 (40 ILCS 5/14-104.5) (from Ch. 108 1/2, par. 14-104.5)
31 Sec. 14-104.5. A member who enters service on or after
32 January 1, 1984, or after July 1, 1982 as an emergency or
33 temporary employee, as defined in Sections 8b.8 and 8b.9 8b8
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1 and 8b9 of the "Personnel Code", may receive membership
2 service credit for periods of employment during which he or
3 she was an employee but not a member by making contributions
4 for such periods based on his or her compensation and the
5 contribution rate in effect when he or she last became a
6 member of the System, plus regular interest thereon to the
7 date of payment unless such payment is made within the first
8 6 months after becoming a member or prior to July 1, 1984.
9 (Source: P.A. 83-430; revised 8-8-97.)
10 (40 ILCS 5/14-104.10)
11 Sec. 14-104.10. Federal or out-of-state employment. A
12 contributing employee may establish additional service credit
13 for periods of full-time employment by the federal government
14 or a unit of state or local government located outside
15 Illinois for which he or she does not qualify for credit
16 under any other provision of this Article, provided that (i)
17 the amount of service credit established by a person under
18 this Section shall not exceed 8 years or 40% of his or her
19 membership service under this Article, whichever is less,
20 (ii) the amount of service credit established by a person
21 under this Section for federal employment, when added to the
22 amount of all military service credit granted to the person
23 under this Article, shall not exceed 8 years, and (iii) any
24 credit received for the federal or out-of-state employment in
25 any federal or other public employee pension fund or
26 retirement system has been terminated or relinquished.
27 Credit may not be established under this Section for any
28 period of military service or for any period for which credit
29 has been or may be established under Section 14-110 or any
30 other provision of this Article.
31 In order to establish service credit under this Section,
32 the applicant must submit a written application to the System
33 by June 30, 1998, including documentation of the federal or
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1 out-of-state employment satisfactory to the Board, and pay to
2 the System (1) employee contributions at the rates provided
3 in this Article based upon the person's salary on the last
4 day as a participating employee prior to the federal or
5 out-of-state employment, or on the first day as a
6 participating employee after that employment, whichever is
7 greater, plus (2) an amount determined by the Board to be
8 equal to the employer's normal cost of the benefits accrued
9 for that employment, plus (3) regular interest on items (1)
10 and (2) from the date of conclusion of the employment to the
11 date of payment.
12 (Source: P.A. 90-32, eff. 6-27-97.)
13 (40 ILCS 5/14-104.11)
14 Sec. 14-104.11. 14-104.10. Illinois Development Finance
15 Authority. An employee may establish creditable service for
16 periods prior to the date upon which the Illinois Development
17 Finance Authority first becomes a department (as defined in
18 Section 14-103.04) during which he or she was employed by the
19 Illinois Development Finance Authority or the Illinois
20 Industrial Development Authority, by applying in writing and
21 paying to the System an amount equal to (i) employee
22 contributions for the period for which credit is being
23 established, based upon the employee's compensation and the
24 applicable contribution rate in effect on the date he or she
25 last became a member of the System, plus (ii) the employer's
26 normal cost of the credit established, plus (iii) interest on
27 the amounts in items (i) and (ii) at the rate of 2.5% per
28 year, compounded annually, from the date the applicant last
29 became a member of the System to the date of payment. This
30 payment must be paid in full before retirement, either in a
31 lump sum or in installment payments in accordance with the
32 rules of the Board.
33 (Source: P.A. 90-511, eff. 8-22-97; revised 10-20-97.)
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1 (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
2 Sec. 14-108. Amount of retirement annuity. A member who
3 has contributed to the System for at least 12 months shall be
4 entitled to a prior service annuity for each year of
5 certified prior service credited to him, except that a member
6 shall receive 1/3 of the prior service annuity for each year
7 of service for which contributions have been made and all of
8 such annuity shall be payable after the member has made
9 contributions for a period of 3 years. Proportionate amounts
10 shall be payable for service of less than a full year after
11 completion of at least 12 months.
12 The total period of service to be considered in
13 establishing the measure of prior service annuity shall
14 include service credited in the Teachers' Retirement System
15 of the State of Illinois and the State Universities
16 Retirement System for which contributions have been made by
17 the member to such systems; provided that at least 1 year of
18 the total period of 3 years prescribed for the allowance of a
19 full measure of prior service annuity shall consist of
20 membership service in this system for which credit has been
21 granted.
22 (a) In the case of a member who retires on or after
23 January 1, 1998 and is a noncovered employee, the retirement
24 annuity for membership service and prior service shall be
25 2.2% of final average compensation for each year of service.
26 Any service credit established as a covered employee shall be
27 computed as stated in paragraph (b).
28 (b) In the case of a member who retires on or after
29 January 1, 1998 and is a covered employee, the retirement
30 annuity for membership service and prior service shall be
31 computed as stated in paragraph (a) for all service credit
32 established as a noncovered employee; for service credit
33 established as a covered employee it shall be 1.67% of final
34 average compensation for each year of service.
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1 (c) For a member with 30 but less than 35 years of
2 creditable service retiring after attaining age 55 but before
3 age 60, the retirement annuity shall be reduced by 1/2 of 1%
4 for each month that the member's age is under age 60 at the
5 time of retirement.
6 (d) A retirement annuity shall not exceed 75% of final
7 average compensation, subject to such extension as may result
8 from the application of Section 14-114 or Section 14-115.
9 (e) The retirement annuity payable to any covered
10 employee who is a member of the System and in service on
11 January 1, 1969, or in service thereafter in 1969 as a result
12 of legislation enacted by the Illinois General Assembly
13 transferring the member to State employment from county
14 employment in a county Department of Public Aid in counties
15 of 3,000,000 or more population, under a plan of coordination
16 with the Old Age, Survivors and Disability provisions
17 thereof, if not fully insured for Old Age Insurance payments
18 under the Federal Old Age, Survivors and Disability Insurance
19 provisions at the date of acceptance of a retirement annuity,
20 shall not be less than the amount for which the member would
21 have been eligible if coordination were not applicable.
22 (f) The retirement annuity payable to any covered
23 employee who is a member of the System and in service on
24 January 1, 1969, or in service thereafter in 1969 as a result
25 of the legislation designated in the immediately preceding
26 paragraph, if fully insured for Old Age Insurance payments
27 under the Federal Social Security Act at the date of
28 acceptance of a retirement annuity, shall not be less than an
29 amount which when added to the Primary Insurance Benefit
30 payable to the member upon attainment of age 65 under such
31 Federal Act, will equal the annuity which would otherwise be
32 payable if the coordinated plan of coverage were not
33 applicable.
34 (g) In the case of a member who is a noncovered
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1 employee, the retirement annuity for membership service as a
2 security employee of the Department of Corrections or
3 security employee of the Department of Human Services shall
4 be 1.9% of final average compensation for each of the first
5 10 years of service; 2.1% for each of the next 10 years of
6 service; 2.25% for each year of service in excess of 20 but
7 not exceeding 30; and 2.5% for each year in excess of 30;
8 except that the annuity may be calculated under subsection
9 (a) rather than this subsection (g) if the resulting annuity
10 is greater.
11 (h) In the case of a member who is a covered employee,
12 the retirement annuity for membership service as a security
13 employee of the Department of Corrections or security
14 employee of the Department of Human Services shall be 1.67%
15 of final average compensation for each of the first 10 years
16 of service; 1.90% for each of the next 10 years of service;
17 2.10% for each year of service in excess of 20 but not
18 exceeding 30; and 2.30% for each year in excess of 30.
19 (i) For the purposes of this Section and Section 14-133
20 of this Act, the term "security employee of the Department of
21 Corrections" and the term "security employee of the
22 Department of Human Services" shall have the meanings
23 ascribed to them in subsection (c) of Section 14-110.
24 (j) The retirement annuity computed pursuant to
25 paragraphs (g) or (h) shall be applicable only to those
26 security employees of the Department of Corrections and
27 security employees of the Department of Human Services who
28 have at least 20 years of membership service and who are not
29 eligible for the alternative retirement annuity provided
30 under Section 14-110. However, persons transferring to this
31 System under Section 14-108.2 who have service credit under
32 Article 16 of this Code may count such service toward
33 establishing their eligibility under the 20-year service
34 requirement of this subsection; but such service may be used
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1 only for establishing such eligibility, and not for the
2 purpose of increasing or calculating any benefit.
3 (k) (Blank).
4 (l) The changes to this Section made by this amendatory
5 Act of 1997 (changing certain retirement annuity formulas
6 from a stepped rate to a flat rate) apply to members who
7 retire on or after January 1, 1998, without regard to whether
8 employment terminated before the effective date of this
9 amendatory Act of 1997. An annuity shall not be calculated
10 in steps by using the new flat rate for some steps and the
11 superseded stepped rate for other steps of the same type of
12 service.
13 (Source: P.A. 89-507, eff. 7-1-97; 90-65, eff. 7-7-97;
14 90-448, eff. 8-16-97; revised 11-17-97.)
15 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
16 Sec. 15-106. Employer. "Employer": The University of
17 Illinois, Southern Illinois University, Chicago State
18 University, Eastern Illinois University, Governors State
19 University, Illinois State University, Northeastern Illinois
20 University, Northern Illinois University, Western Illinois
21 University, the State Board of Higher Education, the Illinois
22 Mathematics and Science Academy, the State Geological Survey
23 Division of the Department of Natural Resources, the State
24 Natural History Survey Division of the Department of Natural
25 Resources, the State Water Survey Division of the Department
26 of Natural Resources, the Waste Management and Research
27 Center of the Department of Natural Resources, the University
28 Civil Service Merit Board, the Board of Trustees of the State
29 Universities Retirement System, the Illinois Community
30 College Board, State Community College of East St. Louis,
31 community college boards, any association of community
32 college boards organized under Section 3-55 of the Public
33 Community College Act, the Board of Examiners established
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1 under the Illinois Public Accounting Act, and, only during
2 the period for which employer contributions required under
3 Section 15-155 are paid, the following organizations: the
4 alumni associations, the foundations and the athletic
5 associations which are affiliated with the universities and
6 colleges included in this Section as employers. A department
7 as defined in Section 14-103.04 is an employer for any person
8 appointed by the Governor under the Civil Administrative Code
9 of Illinois who is a participating employee as defined in
10 Section 15-109.
11 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
12 eff. 8-17-97; 90-511, eff. 8-22-97; revised 11-17-97.)
13 (40 ILCS 5/15-134) (from Ch. 108 1/2, par. 15-134)
14 Sec. 15-134. Participant.
15 (a) Each person shall, as a condition of employment,
16 become a participant and be subject to this Article on the
17 date that he or she becomes an employee, makes an election to
18 participate in, or otherwise becomes a participant in one of
19 the retirement programs offered under this Article, whichever
20 date is later.
21 An employee who becomes a participant shall continue to
22 be a participant until he or she becomes an annuitant, dies
23 or accepts a refund of contributions, except that a person
24 shall not be deemed a participant while participating in an
25 optional program for part-time workers established under
26 Section 15-158.1.
27 (b) A person employed concurrently by 2 or more
28 employers is eligible to participate in the system on
29 compensation received from all employers.
30 (Source: P.A. 89-430, eff. 12-15-95; 90-65, eff. 7-7-97;
31 90-448, eff. 8-16-97; revised 11-17-97.)
32 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
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1 Sec. 15-136. Retirement annuities - Amount.
2 (a) The amount of the retirement annuity shall be
3 determined by whichever of the following rules is applicable
4 and provides the largest annuity:
5 Rule 1: The retirement annuity shall be 1.67% of final
6 rate of earnings for each of the first 10 years of service,
7 1.90% for each of the next 10 years of service, 2.10% for
8 each year of service in excess of 20 but not exceeding 30,
9 and 2.30% for each year in excess of 30; or for persons who
10 retire on or after January 1, 1998, 2.2% of the final rate of
11 earnings for each year of service. However, except that the
12 annuity for those persons having made an election under
13 Section 15-154(a-1) shall be calculated and payable under the
14 portable retirement benefit program pursuant to the
15 provisions of Section 15-136.4.
16 Rule 2: The retirement annuity shall be the sum of the
17 following, determined from amounts credited to the
18 participant in accordance with the actuarial tables and the
19 prescribed rate of interest in effect at the time the
20 retirement annuity begins:
21 (i) The normal annuity which can be provided on an
22 actuarially equivalent basis, by the accumulated normal
23 contributions as of the date the annuity begins; and
24 (ii) an annuity from employer contributions of an
25 amount which can be provided on an actuarially equivalent
26 basis from the accumulated normal contributions made by
27 the participant under Section 15-113.6 and Section
28 15-113.7 plus 1.4 times all other accumulated normal
29 contributions made by the participant, except that the
30 annuity for those persons having made an election under
31 Section 15-154(a-1) shall be calculated and payable under
32 the portable retirement benefit program pursuant to the
33 provisions of Section 15-136.4.
34 Rule 3: The retirement annuity of a participant who is
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1 employed at least one-half time during the period on which
2 his or her final rate of earnings is based, shall be equal to
3 the participant's years of service not to exceed 30,
4 multiplied by (1) $96 if the participant's final rate of
5 earnings is less than $3,500, (2) $108 if the final rate of
6 earnings is at least $3,500 but less than $4,500, (3) $120 if
7 the final rate of earnings is at least $4,500 but less than
8 $5,500, (4) $132 if the final rate of earnings is at least
9 $5,500 but less than $6,500, (5) $144 if the final rate of
10 earnings is at least $6,500 but less than $7,500, (6) $156 if
11 the final rate of earnings is at least $7,500 but less than
12 $8,500, (7) $168 if the final rate of earnings is at least
13 $8,500 but less than $9,500, and (8) $180 if the final rate
14 of earnings is $9,500 or more, except that the annuity for
15 those persons having made an election under Section
16 15-154(a-1) shall be calculated and payable under the
17 portable retirement benefit program pursuant to the
18 provisions of Section 15-136.4.
19 Rule 4: A participant who is at least age 50 and has 25
20 or more years of service as a police officer or firefighter,
21 and a participant who is age 55 or over and has at least 20
22 but less than 25 years of service as a police officer or
23 firefighter, shall be entitled to a retirement annuity of 2
24 1/4% of the final rate of earnings for each of the first 10
25 years of service as a police officer or firefighter, 2 1/2%
26 for each of the next 10 years of service as a police officer
27 or firefighter, and 2 3/4% for each year of service as a
28 police officer or firefighter in excess of 20, except that
29 the annuity for those persons having made an election under
30 Section 15-154(a-1) shall be calculated and payable under the
31 portable retirement benefit program pursuant to the
32 provisions of Section 15-136.4. The retirement annuity for
33 all other service shall be computed under Rule 1, payable
34 under the portable retirement benefit program pursuant to the
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1 provisions of Section 15-136.4, if applicable.
2 (b) The retirement annuity provided under Rules 1 and 3
3 above shall be reduced by 1/2 of 1% for each month the
4 participant is under age 60 at the time of retirement.
5 However, this reduction shall not apply in the following
6 cases:
7 (1) For a disabled participant whose disability
8 benefits have been discontinued because he or she has
9 exhausted eligibility for disability benefits under
10 clause (6) of Section 15-152;
11 (2) For a participant who has at least the number
12 of years of service required to retire at any age under
13 subsection (a) of Section 15-135; or
14 (3) For that portion of a retirement annuity which
15 has been provided on account of service of the
16 participant during periods when he or she performed the
17 duties of a police officer or firefighter, if these
18 duties were performed for at least 5 years immediately
19 preceding the date the retirement annuity is to begin.
20 (c) The maximum retirement annuity provided under Rules
21 1, 2, and 4 shall be the lesser of (1) the annual limit of
22 benefits as specified in Section 415 of the Internal Revenue
23 Code of 1986, as such Section may be amended from time to
24 time and as such benefit limits shall be adjusted by the
25 Commissioner of Internal Revenue, and (2) 80% of final rate
26 of earnings.
27 (d) An annuitant whose status as an employee terminates
28 after August 14, 1969 shall receive automatic increases in
29 his or her retirement annuity as follows:
30 Effective January 1 immediately following the date the
31 retirement annuity begins, the annuitant shall receive an
32 increase in his or her monthly retirement annuity of 0.125%
33 of the monthly retirement annuity provided under Rule 1, Rule
34 2, Rule 3, or Rule 4, contained in this Section, multiplied
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1 by the number of full months which elapsed from the date the
2 retirement annuity payments began to January 1, 1972, plus
3 0.1667% of such annuity, multiplied by the number of full
4 months which elapsed from January 1, 1972, or the date the
5 retirement annuity payments began, whichever is later, to
6 January 1, 1978, plus 0.25% of such annuity multiplied by the
7 number of full months which elapsed from January 1, 1978, or
8 the date the retirement annuity payments began, whichever is
9 later, to the effective date of the increase.
10 The annuitant shall receive an increase in his or her
11 monthly retirement annuity on each January 1 thereafter
12 during the annuitant's life of 3% of the monthly annuity
13 provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
14 this Section. The change made under this subsection by P.A.
15 81-970 is effective January 1, 1980 and applies to each
16 annuitant whose status as an employee terminates before or
17 after that date.
18 Beginning January 1, 1990, all automatic annual increases
19 payable under this Section shall be calculated as a
20 percentage of the total annuity payable at the time of the
21 increase, including all increases previously granted under
22 this Article.
23 The change made in this subsection by P.A. 85-1008 is
24 effective January 26, 1988, and is applicable without regard
25 to whether status as an employee terminated before that date.
26 (e) If, on January 1, 1987, or the date the retirement
27 annuity payment period begins, whichever is later, the sum of
28 the retirement annuity provided under Rule 1 or Rule 2 of
29 this Section and the automatic annual increases provided
30 under the preceding subsection or Section 15-136.1, amounts
31 to less than the retirement annuity which would be provided
32 by Rule 3, the retirement annuity shall be increased as of
33 January 1, 1987, or the date the retirement annuity payment
34 period begins, whichever is later, to the amount which would
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1 be provided by Rule 3 of this Section. Such increased amount
2 shall be considered as the retirement annuity in determining
3 benefits provided under other Sections of this Article. This
4 paragraph applies without regard to whether status as an
5 employee terminated before the effective date of this
6 amendatory Act of 1987, provided that the annuitant was
7 employed at least one-half time during the period on which
8 the final rate of earnings was based.
9 (f) A participant is entitled to such additional annuity
10 as may be provided on an actuarially equivalent basis, by any
11 accumulated additional contributions to his or her credit.
12 However, the additional contributions made by the participant
13 toward the automatic increases in annuity provided under this
14 Section shall not be taken into account in determining the
15 amount of such additional annuity.
16 (g) If, (1) by law, a function of a governmental unit,
17 as defined by Section 20-107 of this Code, is transferred in
18 whole or in part to an employer, and (2) a participant
19 transfers employment from such governmental unit to such
20 employer within 6 months after the transfer of the function,
21 and (3) the sum of (A) the annuity payable to the participant
22 under Rule 1, 2, or 3 of this Section (B) all proportional
23 annuities payable to the participant by all other retirement
24 systems covered by Article 20, and (C) the initial primary
25 insurance amount to which the participant is entitled under
26 the Social Security Act, is less than the retirement annuity
27 which would have been payable if all of the participant's
28 pension credits validated under Section 20-109 had been
29 validated under this system, a supplemental annuity equal to
30 the difference in such amounts shall be payable to the
31 participant.
32 (h) On January 1, 1981, an annuitant who was receiving a
33 retirement annuity on or before January 1, 1971 shall have
34 his or her retirement annuity then being paid increased $1
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1 per month for each year of creditable service. On January 1,
2 1982, an annuitant whose retirement annuity began on or
3 before January 1, 1977, shall have his or her retirement
4 annuity then being paid increased $1 per month for each year
5 of creditable service.
6 (i) On January 1, 1987, any annuitant whose retirement
7 annuity began on or before January 1, 1977, shall have the
8 monthly retirement annuity increased by an amount equal to 8¢
9 per year of creditable service times the number of years that
10 have elapsed since the annuity began.
11 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
12 eff. 8-16-97; revised 8-21-97.)
13 (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
14 Sec. 15-157. Employee Contributions.
15 (a) Each participating employee shall make contributions
16 towards the retirement annuity of each payment of earnings
17 applicable to employment under this system on and after the
18 date of becoming a participant as follows: Prior to
19 September 1, 1949, 3 1/2% of earnings; from September 1, 1949
20 to August 31, 1955, 5%; from September 1, 1955 to August 31,
21 1969, 6%; from September 1, 1969, 6 1/2%. These
22 contributions are to be considered as normal contributions
23 for purposes of this Article.
24 Each participant who is a police officer or firefighter
25 shall make normal contributions of 8% of each payment of
26 earnings applicable to employment as a police officer or
27 firefighter under this system on or after September 1, 1981,
28 unless he or she files with the board within 60 days after
29 the effective date of this amendatory Act of 1991 or 60 days
30 after the board receives notice that he or she is employed as
31 a police officer or firefighter, whichever is later, a
32 written notice waiving the retirement formula provided by
33 Rule 4 of Section 15-136. This waiver shall be irrevocable.
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1 If a participant had met the conditions set forth in Section
2 15-132.1 prior to the effective date of this amendatory Act
3 of 1991 but failed to make the additional normal
4 contributions required by this paragraph, he or she may elect
5 to pay the additional contributions plus compound interest at
6 the effective rate. If such payment is received by the
7 board, the service shall be considered as police officer
8 service in calculating the retirement annuity under Rule 4 of
9 Section 15-136.
10 (b) Starting September 1, 1969, each participating
11 employee shall make additional contributions of 1/2 of 1% of
12 earnings to finance a portion of the cost of the annual
13 increases in retirement annuity provided under Section
14 15-136.
15 (c) Each participating employee shall make additional
16 contributions of 1% of earnings applicable under this system
17 on and after August 1, 1959. The contribution made under
18 this subsection shall be used to finance survivors insurance
19 benefits, unless the participant has made an election under
20 Section 15-154(a-1), in which case the contribution made
21 under this subsection shall be used to finance the benefits
22 obtained under that election. Contributions in excess of $80
23 during any fiscal year beginning before August 31, 1969 and
24 in excess of $120 during any fiscal year thereafter until
25 September 1, 1971 shall be considered as additional
26 contributions for purposes of this Article.
27 (d) If the board by board rule so permits and subject to
28 such conditions and limitations as may be specified in its
29 rules, a participant may make other additional contributions
30 of such percentage of earnings or amounts as the participant
31 shall elect in a written notice thereof received by the
32 board.
33 (e) That fraction of a participant's total accumulated
34 normal contributions, the numerator of which is equal to the
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1 number of years of service in excess of that which is
2 required to qualify for the maximum retirement annuity, and
3 the denominator of which is equal to the total service of the
4 participant, shall be considered as accumulated additional
5 contributions. The determination of the applicable maximum
6 annuity and the adjustment in contributions required by this
7 provision shall be made as of the date of the participant's
8 retirement.
9 (f) Notwithstanding the foregoing, a participating
10 employee shall not be required to make contributions under
11 this Section after the date upon which continuance of such
12 contributions would otherwise cause his or her retirement
13 annuity to exceed the maximum retirement annuity as specified
14 in clause (1) of subsection (c) of Section 15-136.
15 (g) A participating employee may make contributions for
16 the purchase of service credit under this Article.
17 (Source: P.A. 90-32, eff. 6-27-97; 90-65, eff. 7-7-97;
18 90-448, eff. 8-16-97; 90-511, eff. 8-22-97; revised
19 11-14-97.)
20 (40 ILCS 5/15-185) (from Ch. 108 1/2, par. 15-185)
21 Sec. 15-185. Annuities, etc., exempt. The accumulated
22 employee and employer contributions shall be held in trust
23 for each participant and annuitant, and this trust shall be
24 treated as a spendthrift trust. Except as provided in this
25 Article, all cash, securities and other property of this
26 system, all annuities and other benefits payable under this
27 Article and all accumulated credits of participants and
28 annuitants in this system and the right of any person to
29 receive an annuity or other benefit under this Article, or a
30 refund of contributions, shall not be subject to judgment,
31 execution, garnishment, attachment, or other seizure by
32 process, in bankruptcy or otherwise, nor to sale, pledge,
33 mortgage or other alienation, and shall not be assignable.
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1 The board, however, may deduct from the benefits, refunds and
2 credits payable to the participant, annuitant or beneficiary,
3 amounts owed by the participant or annuitant to the system.
4 No attempted sale, transfer or assignment of any benefit,
5 refund or credit shall prevent the right of the board to make
6 the deduction and offset authorized in this Section. Any
7 participant or annuitant may authorize the board to deduct
8 from disability benefits or annuities, premiums due under any
9 group hospital-surgical insurance program which is sponsored
10 or approved by any employer; however, the deductions from
11 disability benefits may not begin prior to 6 months after the
12 disability occurs.
13 A person receiving an annuity or benefit under this
14 Article may also authorize withholding from that such
15 annuity or benefit for the purposes enumerated in and in
16 accordance with the provisions of the State Salary and
17 Annuity Withholding Act.
18 Public Act 86-273 This amendatory Act of 1989 is a
19 clarification of existing law and shall be applicable to
20 every participant and annuitant without regard to whether
21 status as an employee terminates before the effective date of
22 that this amendatory Act of 1989.
23 (Source: P.A. 90-65, eff. 7-7-97; 90-448, eff. 8-16-97;
24 90-511, eff. 8-22-97; revised 11-17-97.)
25 (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
26 Sec. 16-140. Survivors' benefits - definitions.
27 (a) For the purpose of Sections 16-138 through 16-143.2,
28 the following terms shall have the following meanings, unless
29 the context otherwise requires:
30 (1) "Average salary": the average salary for the
31 highest 4 consecutive years within the last 10 years of
32 creditable service immediately preceding date of death or
33 retirement, whichever is applicable, or the average
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1 salary for the total creditable service if service is
2 less than 4 years.
3 (2) "Member": any teacher included in the
4 membership of the system. However, a teacher who becomes
5 an annuitant of the system or a teacher whose services
6 terminate after 20 years of service from any cause other
7 than retirement is considered a member, subject to the
8 conditions and limitations stated in this Article.
9 (3) "Dependent beneficiary": (A) a surviving spouse
10 of a member or annuitant who was married to the member or
11 annuitant for the 12 month period immediately preceding
12 and on the date of death of such member or annuitant,
13 except where a child is born of such marriage, in which
14 case the qualifying period shall not be applicable; (A-1)
15 a surviving spouse of a member or annuitant who (i) was
16 married to the member or annuitant on the date of the
17 member or annuitant's death, (ii) was married to the
18 member or annuitant for a period of at least 12 months
19 (but not necessarily the 12 months immediately preceding
20 the member or annuitant's death), (iii) first applied for
21 a survivor's benefit before April 1, 1997, and (iv) has
22 not received a benefit under subsection (a) of Section
23 16-141 or paragraph (1) of Section 16-142; (B) an
24 eligible child of a member or annuitant; and (C) a
25 dependent parent.
26 Unless otherwise designated by the member,
27 eligibility for benefits shall be in the order named,
28 except that a dependent parent shall be eligible only if
29 there is no other dependent beneficiary. Any benefit to
30 be received by or paid to a dependent beneficiary to be
31 determined under this paragraph as provided in Sections
32 16-141 and 16-142 may be received by or paid to a trust
33 established for such dependent beneficiary if such
34 dependent beneficiary is living at the time such benefit
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1 would be received by or paid to such trust.
2 (4) "Eligible child": an unmarried natural or
3 adopted child of the member or annuitant under age 18
4 (age 22 if a full-time student). An unmarried natural or
5 adopted child, regardless of age, who is dependent by
6 reason of a physical or mental disability, except any
7 such child receiving benefits under Article III of the
8 Illinois Public Aid Code, is eligible for so long as such
9 physical or mental disability continues. An adopted
10 child, however, is eligible only if the proceedings for
11 adoption were finalized while the child was a minor.
12 For purposes of this subsection, "disability" means
13 an inability to engage in any substantial gainful
14 activity by reason of any medically determinable physical
15 or mental impairment which can be expected to result in
16 death or which has lasted or can be expected to last for
17 a continuous period of not less than 12 months.
18 The changes made to this Section by Public Act
19 90-448 this amendatory Act of 1997, relating to benefits
20 for certain unmarried children who are full-time students
21 under age 22, apply without regard to whether the
22 deceased member was in service on or after the effective
23 date of that this amendatory Act of 1997. These changes
24 do not authorize the repayment of a refund or a
25 re-election of benefits, and any benefit or increase in
26 benefits resulting from these changes is not payable
27 retroactively for any period before the effective date of
28 that this amendatory Act of 1997.
29 (5) "Dependent parent": a parent who was receiving
30 at least 1/2 of his or her support from a member or
31 annuitant for the 12-month period immediately preceding
32 and on the date of such member's or annuitant's death,
33 provided however, that such dependent status terminates
34 upon a member's acceptance of a refund for survivor
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1 benefit contributions as provided under Section 16-142.
2 (6) "Non-dependent beneficiary": any person,
3 organization or other entity designated by the member who
4 does not qualify as a dependent beneficiary.
5 (7) "In service": the condition of a member being
6 in receipt of salary as a teacher at any time within 12
7 months immediately before his or her death, being on
8 leave of absence for which the member, upon return to
9 teaching, would be eligible to purchase service credit
10 under subsection (b)(5) of Section 16-127, or being in
11 receipt of a disability or occupational disability
12 benefit. This term does not include any annuitant or
13 member who previously accepted a refund of survivor
14 benefit contributions under paragraph (1) of Section
15 16-142 unless the conditions specified in subsection (b)
16 of Section 16-143.2 are met.
17 (b) The change to this Section made by Public Act 90-511
18 this amendatory Act of 1997 applies without regard to whether
19 the deceased member or annuitant was in service on or after
20 the effective date of that this amendatory Act.
21 (Source: P.A. 89-430, eff. 12-15-95; 90-448, eff. 8-16-97;
22 90-511, eff. 8-22-97; revised 11-17-97.)
23 (40 ILCS 5/17-116.6)
24 Sec. 17-116.6. Early retirement incentives.
25 (a) A teacher who is covered by a collective bargaining
26 agreement shall not be eligible for the early retirement
27 incentives provided under this Section unless the collective
28 bargaining agent and the Board of Education have entered into
29 an agreement under which the agent agrees that any payment
30 for accumulated unused sick days to which the employee is
31 entitled upon withdrawal from service may be paid by the
32 Board of Education in installments over a period of up to 5
33 years, and a copy of this agreement has been filed with the
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1 Board of the Fund.
2 (b) To be eligible for the benefits provided in this
3 Section, a person must:
4 (1) be a member of this Fund who is a reserve
5 teacher as defined in Section 34-1.1 of the School Code;
6 (2) have not previously received a bachelor's or
7 more advanced degree from an accredited college or
8 university;
9 (3) have not previously received a retirement
10 pension under this Article;
11 (4) file with the Board and the Board of Education,
12 by the later of 60 days after the effective date of this
13 amendatory Act of 1993 or 60 days after becoming a
14 reserve teacher, but in no event later than December 31,
15 1995, a written application requesting the benefits
16 provided in this Section;
17 (5) be eligible to receive a retirement pension
18 under this Article (for which purpose any age enhancement
19 or creditable service received under this Section may be
20 used) and elect to receive the retirement pension
21 beginning no earlier than September 1, 1993, and no later
22 than 120 days after becoming a reserve teacher;
23 (6) have attained age 50 (without the use of any
24 age enhancement or creditable service received under this
25 Section) by the effective date of the retirement pension;
26 (7) have at least 5 years of creditable service
27 under this Fund or any of the participating systems under
28 the Retirement Systems Reciprocal Act (without the use of
29 any creditable service received under this Section) by
30 the effective date of the retirement pension.
31 (b) An eligible person may establish up to 5 years of
32 creditable service under this Section. In addition, for each
33 period of creditable service established under this Section,
34 a person's age at retirement shall be deemed to be increased
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1 by an equal period.
2 The creditable service established under this Section may
3 be used for all purposes under this Article and the
4 Retirement Systems Reciprocal Act, except for the purposes of
5 Section 17-116.1, and the determination of average salary or
6 compensation under this or any other Article of this Code.
7 The age enhancement established under this Section may be
8 used for all purposes under this Article (including
9 calculation of a proportionate pension payable by this Fund
10 under the Retirement Systems Reciprocal Act), except for
11 purposes of the reversionary pension under Section 17-120,
12 and distributions required by federal law on account of age.
13 However, age enhancement established under this Section shall
14 not be used in determining benefits payable under other
15 Articles of this Code under the Retirement Systems Reciprocal
16 Act.
17 (c) For all creditable service established under this
18 Section, the employer must pay to the Fund an employer
19 contribution consisting of 12% of the member's highest annual
20 full-time rate of compensation for each year of creditable
21 service granted under this Section.
22 The employer contribution shall be paid to the Fund in
23 one of the following ways: (i) in a single sum at the time
24 of the member's retirement, (ii) in equal quarterly
25 installments over a period of 5 years from the date of
26 retirement, or (iii) subject to the approval of the Board of
27 the Fund, in unequal installments over a period of no more
28 than 5 years from the date of retirement, as provided in a
29 payment plan designed by the Fund to accommodate the needs of
30 the employer. The employer's failure to make the required
31 contributions in a timely manner shall not affect the payment
32 of the retirement pension.
33 For all creditable service established under this
34 Section, the employee must pay to the Fund an employee
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1 contribution consisting of 4% of the member's highest annual
2 salary rate used in the determination of the retirement
3 pension for each year of creditable service granted under
4 this Section. The employee contribution shall be deducted
5 from the retirement annuity in 24 monthly installments.
6 (d) An annuitant who has received any age enhancement or
7 creditable service under this Section and whose pension is
8 suspended or cancelled under Section 17-149 or 17-150 shall
9 thereby forfeit the age enhancement and creditable service.
10 The forfeiture of creditable service under this subsection
11 shall not entitle the employer to a refund of the employer
12 contribution paid under this Section, nor to forgiveness of
13 any part of that contribution that remains unpaid. The
14 forfeiture of creditable service under this subsection shall
15 not entitle the employee to a refund of the employee
16 contribution paid under this Section.
17 (e) A member who receives any early retirement incentive
18 under Section 17-116.3, 17-116.4, or 17-116.5 may not receive
19 any early retirement incentive under this Section.
20 (Source: P.A. 88-511; revised 12-18-97.)
21 (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
22 Sec. 17-127. Financing; revenues for the Fund.
23 (a) The revenues for the Fund shall consist of: (1)
24 amounts paid into the Fund by contributors thereto and from
25 employer contributions and State appropriations in accordance
26 with this Article; (2) amounts contributed to the Fund by an
27 Employer; (3) amounts contributed to the Fund pursuant to any
28 law now in force or hereafter to be enacted; (4)
29 contributions from any other source; and (5) the earnings on
30 investments.
31 (b) The General Assembly finds that for many years the
32 State has contributed to the Fund an annual amount that is
33 between 20% and 30% of the amount of the annual State
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1 contribution to the Article 16 retirement system, and the
2 General Assembly declares that it is its goal and intention
3 to continue this level of contribution to the Fund in the
4 future.
5 (Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98;
6 revised 1-8-98.)
7 (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
8 Sec. 17-129. Employer contributions; deficiency in Fund.
9 (a) If in any fiscal year of the Board of Education
10 ending prior to 1997 the total amounts paid to the Fund from
11 the Board of Education (other than under this subsection, and
12 other than amounts used for making or "picking up"
13 contributions on behalf of teachers) and from the State do
14 not equal the total contributions made by or on behalf of the
15 teachers for such year, or if the total income of the Fund in
16 any such fiscal year of the Board of Education from all
17 sources is less than the total such expenditures by the Fund
18 for such year, the Board of Education shall, in the next
19 succeeding year, in addition to any other payment to the Fund
20 set apart and appropriate from moneys from its tax levy for
21 educational purposes, a sum sufficient to remove such
22 deficiency or deficiencies, and promptly pay such sum into
23 the Fund in order to restore any of the reserves of the Fund
24 that may have been so temporarily applied. Any amounts
25 received by the Fund after December 4, the effective date of
26 this amendatory Act of 1997 from State appropriations,
27 including under Section 17-127, shall be a credit against and
28 shall fully satisfy any obligation that may have arisen, or
29 be claimed to have arisen, under this subsection (a) as a
30 result of any deficiency or deficiencies in the fiscal year
31 of the Board of Education ending in calendar year 1997.
32 (b) (i) For fiscal years 2011 through 2045, the minimum
33 contribution to the Fund to be made by the Board of Education
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1 in each fiscal year shall be an amount determined by the Fund
2 to be sufficient to bring the total assets of the Fund up to
3 90% of the total actuarial liabilities of the Fund by the end
4 of fiscal year 2045. In making these determinations, the
5 required Board of Education contribution shall be calculated
6 each year as a level percentage of the applicable employee
7 payrolls over the years remaining to and including fiscal
8 year 2045 and shall be determined under the projected unit
9 credit actuarial cost method.
10 (ii) For fiscal years 1999 through 2010, the Board of
11 Education's contribution to the Fund, as a percentage of the
12 applicable employee payroll, shall be increased in equal
13 annual increments so that by fiscal year 2011, the Board of
14 Education is contributing at the rate required under this
15 subsection.
16 (iii) Beginning in fiscal year 2046, the minimum Board
17 of Education contribution for each fiscal year shall be the
18 amount needed to maintain the total assets of the Fund at 90%
19 of the total actuarial liabilities of the Fund.
20 (iv) Notwithstanding the provisions of paragraphs (i),
21 (ii), and (iii) of this subsection (b), for any fiscal year
22 the contribution to the Fund from the Board of Education
23 shall not be required to be in excess of the amount
24 calculated as needed to maintain the assets (or cause the
25 assets to be) at the 90% level by the end of the fiscal year.
26 (v) Any contribution by the State to or for the benefit
27 of the Fund, including, without limitation, as referred to
28 under Section 17-127, shall be a credit against any
29 contribution required to be made by the Board of Education
30 under this subsection (b).
31 (c) The Board shall determine the amount of Board of
32 Education contributions required for each fiscal year on the
33 basis of the actuarial tables and other assumptions adopted
34 by the Board and the recommendations of the actuary, in order
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1 to meet the minimum contribution requirements of subsections
2 (a) and (b). Annually, on or before February 28, the Board
3 shall certify to the Board of Education the amount of the
4 required Board of Education contribution for the coming
5 fiscal year. The certification shall include a copy of the
6 actuarial recommendations upon which it is based.
7 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 12-4-97;
8 90-566, eff. 1-2-98; revised 1-8-98.)
9 (40 ILCS 5/17-156.1) (from Ch. 108 1/2, par. 17-156.1)
10 Sec. 17-156.1. Increases to retired members. A teacher
11 who retired prior to September 1, 1959 on service retirement
12 pension who was at least 55 years of age at date of
13 retirement and had at least 20 years of validated service
14 shall be entitled to receive benefits under this Section.
15 These benefits shall be in an amount equal to 1-1/2% of
16 the total of (1) the initial service retirement pension plus
17 (2) any emeritus payment payable under Sections 34-86 and
18 34-87 of the School Code, approved March 18, 1961, as
19 amended, multiplied by the number of full years on pension.
20 This payment shall begin in January of 1970. An additional
21 1-1/2% shall be added in January of each year thereafter.
22 Beginning January 1, 1972 the rate of increase in the service
23 retirement pension each year shall be 2%. Beginning January
24 1, 1979, the rate of increase in the service retirement
25 pension each year shall be 3%. Beginning January 1, 1990, all
26 automatic annual increases payable under this Section shall
27 be calculated as a percentage of the total pension payable at
28 the time of the increase, including all increases previously
29 granted under this Article, notwithstanding Section 17-157.
30 A pensioner who otherwise qualifies for the aforesaid
31 benefit shall make a one-time payment of 1% of the final
32 monthly average salary multiplied by the number of completed
33 years of service forming the basis of his service retirement
-308- LRB9000999EGfgam01
1 pension or, if the pension was not computed according to
2 average salary as defined in Section Sec. 17-116, 1% of the
3 monthly base pension multiplied by each complete year of
4 service forming the basis of his service retirement pension.
5 Unless the pensioner rejects the benefits of this Section,
6 such sum shall be deducted from the pensioner's December 1969
7 pension check and shall not be refundable.
8 (Source: P.A. 86-273; revised 8-8-97.)
9 Section 49. The Central Midwest Radioactive Waste
10 Compact Act is amended by changing Section 1 as follows:
11 (45 ILCS 140/1) (from Ch. 127, par. 63v-1)
12 Sec. 1. The State of Illinois ratifies and approves the
13 following compact:
14 ARTICLE I. POLICY AND PURPOSE
15 There is created the Central Midwest Interstate Low-Level
16 Radioactive Waste Compact.
17 The states party to this compact recognize that the
18 Congress of the United States, by enacting the Low-Level
19 Radioactive Waste Policy Act (42 U.S.C. 2021), has provided
20 for and encouraged the development of low-level radioactive
21 waste compacts as a tool for managing such waste. The party
22 states also recognize that the management of low-level
23 radioactive waste is handled most efficiently on a regional
24 basis; and, that the safe and efficient management of
25 low-level radioactive waste generated within the region
26 requires that sufficient capacity to manage such waste be
27 properly provided.
28 a) It is the policy of the party states to enter into a
29 regional low-level radioactive waste management compact for
30 the purpose of:
31 1) providing the instrument and framework for a
32 cooperative effort;
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1 2) providing sufficient facilities for the proper
2 management of low-level radioactive waste generated in the
3 region;
4 3) protecting the health and safety of the citizens of
5 the region;
6 4) limiting the number of facilities required to manage
7 low-level radioactive waste generated in the region
8 effectively and efficiently;
9 5) promoting the volume and source reduction of
10 low-level radioactive waste generated in the region;
11 6) distributing the costs, benefits and obligations of
12 successful low-level radioactive waste management equitably
13 among the party states and among generators and other persons
14 who use regional facilities to manage their waste;
15 7) ensuring the ecological and economical management of
16 low-level radioactive waste, including the prohibition of
17 shallow-land burial of waste; and
18 8) promoting the use of above-ground facilities and
19 other disposal technologies providing greater and safer
20 confinement of low-level radioactive waste than shallow-land
21 burial facilities.
22 b) Implicit in the Congressional consent to this compact
23 is the expectation by the Congress and the party states that
24 the appropriate federal agencies will actively assist the
25 Compact Commission and the individual party states to this
26 compact by:
27 1) expeditious enforcement of federal rules, regulations
28 and laws;
29 2) imposition of sanctions against those found to be in
30 violation of federal rules, regulations and laws; and
31 3) timely inspection of their licensees to determine
32 their compliance with these rules, regulations and laws.
33 ARTICLE II. DEFINITIONS
34 As used in this compact, unless the context clearly
-310- LRB9000999EGfgam01
1 requires a different construction:
2 a) "Commission" means the Central Midwest Interstate
3 Low-Level Radioactive Waste Commission.
4 b) "Decommissioning" means the measures taken at the end
5 of a facility's operating life to assure the continued
6 protection of the public from any residual radioactivity or
7 other potential hazards present at a facility.
8 c) "Disposal" means the isolation of waste from the
9 biosphere in a permanent facility designed for that purpose.
10 d) "Eligible state" means either the State of Illinois
11 or the Commonwealth of Kentucky.
12 e) "Extended care" means the continued observation of a
13 facility after closure for the purpose of detecting a need
14 for maintenance, ensuring environmental safety, and
15 determining compliance with applicable licensure and
16 regulatory requirements and includes undertaking any action
17 or clean-up necessary to protect public health and the
18 environment from radioactive releases from a regional
19 facility.
20 f) "Facility" means a parcel of land or site, together
21 with the structures, equipment and improvements on or
22 appurtenant to the land or site, which is used or is being
23 developed for the treatment, storage or disposal of low-level
24 radioactive waste.
25 g) "Generator" means a person who produces or possesses
26 low-level radioactive waste in the course of or incident to
27 manufacturing, power generation, processing, medical
28 diagnosis and treatment, research, or other industrial or
29 commercial activity and who, to the extent required by law,
30 is licensed by the U.S. Nuclear Regulatory Commission or a
31 party state, to produce or possess such waste.
32 h) "Host state" means any party state that is designated
33 by the Commission to host a regional facility.
34 i) "Institutional control" means those activities
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1 carried out by the host state to physically control access to
2 the disposal site following transfer of control of the
3 disposal site from the disposal site operator to the state or
4 federal government. These activities must include, but need
5 not be limited to, environmental monitoring, periodic
6 surveillance, minor custodial care, and other necessary
7 activities at the site as determined by the host state, and
8 administration of funds to cover the costs for these
9 activities. The period of institutional control will be
10 determined by the host state, but institutional control may
11 not be relied upon for more than 100 years following transfer
12 of control of the disposal site to the state or federal
13 government.
14 j) "Long-term liability" means the financial obligation
15 to compensate any person for medical and other expenses
16 incurred from damages to human health, personal injuries
17 suffered from damages to human health and damages or losses
18 to real or personal property, and to provide for the costs
19 for accomplishing any necessary corrective action or clean-up
20 on real or personal property caused by radioactive releases
21 from a regional facility.
22 k) "Low-level radioactive waste" or "waste" means
23 radioactive waste not classified as (1) high-level
24 radioactive waste, (2) transuranic waste, (3) spent nuclear
25 fuel, or (4) by-product material as defined in Section 11e(2)
26 of the Atomic Energy Act of 1954. This definition shall
27 apply notwithstanding any declaration by the federal
28 government, a state or any regulatory agency that any
29 radioactive material is exempt from any regulatory control.
30 l) "Management plan" means the plan adopted by the
31 Commission for the storage, transportation, treatment and
32 disposal of waste within the region.
33 m) "Manifest" means a shipping document identifying the
34 generator of waste, the volume of waste, the quantity of
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1 radionuclides in the shipment, and such other information as
2 may be required by the appropriate regulatory agency.
3 n) "Party state" means any eligible state which enacts
4 the compact into law and pays the membership fee.
5 o) "Person" means any individual, corporation, business
6 enterprise or other legal entity, either public or private,
7 and any legal successor, representative, agent or agency of
8 that individual, corporation, business enterprise, or legal
9 entity.
10 p) "Region" means the geographical area of the party
11 states.
12 q) "Regional facility" means any facility as defined in
13 Article II (f) that is (1) located within the region, and (2)
14 established by a party state pursuant to designation of that
15 state as a host state by the Commission.
16 r) "Shallow-land burial" means a land disposal facility
17 in which radioactive waste is disposed of in or within the
18 upper 30 meters of the earth's surface; however, this
19 definition shall not include an enclosed, engineered,
20 strongly structurally enforced and solidified bunker that
21 extends below the earth's surface.
22 s) "Site" means the geographic location of a facility.
23 t) "Source reduction" means those administrative
24 practices that reduce the radionuclide levels in low-level
25 radioactive waste or that prevent the generation of
26 additional low-level radioactive waste.
27 u) "State" means a state of the United States, the
28 District of Columbia, the Commonwealth of Puerto Rico, the
29 Virgin Islands or any other territorial possession of the
30 United States.
31 v) "Storage" means the temporary holding of waste for
32 treatment or disposal.
33 w) "Treatment" means any method, technique or process,
34 including storage for radioactive decay, designed to change
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1 the physical, chemical or biological characteristics or
2 composition of any waste in order to render the waste safer
3 for transport or management, amenable to recovery,
4 convertible to another usable material or reduced in volume.
5 x) "Volume reduction" means those methods including, but
6 not limited to, biological, chemical, mechanical and thermal
7 methods used to reduce the amount of space that waste
8 materials occupy and to put them into a form suitable for
9 storage or disposal.
10 y) "Waste management" means the source and volume
11 reduction, storage, transportation, treatment or disposal of
12 waste.
13 ARTICLE III. THE COMMISSION
14 a) There is created the Central Midwest Interstate
15 Low-Level Radioactive Waste Commission. Upon the eligible
16 states becoming party states, the Commission shall consist of
17 two voting Commissioners from each state eligible to be
18 designated a host state under Article VI(b), one voting
19 Commissioner from any other party state, and for each
20 regional facility, one non-voting Commissioner who is an
21 elected official of local government and a resident of the
22 county where that regional facility is located. The Governor
23 of each party state shall notify the Commission in writing of
24 its Commissioners and any alternates.
25 b) Each voting Commissioner is entitled to one vote. No
26 action of the Commission is binding unless a majority of the
27 voting membership casts its vote in the affirmative. In
28 addition, no agreement by the Commission under Article
29 III(i)(1), Article III(i)(2), or Article III(i)(3) is valid
30 unless all voting Commissioners from the party state in which
31 the facility where the waste would be sent is located cast
32 their votes in the affirmative.
33 c) The Commission shall elect annually from among its
34 members a chairperson. The Commission shall adopt and
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1 publish, in convenient form, by-laws and policies that are
2 not inconsistent with this compact, including procedures that
3 conform with the provisions of the Federal Administrative
4 Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest
5 extent practicable in regard to notice, conduct and recording
6 of meetings; access by the public to records; provision of
7 information to the public; conduct of adjudicatory hearings;
8 and issuance of decisions.
9 d) The Commission shall meet at least once annually and
10 shall also meet upon the call of any voting Commissioner.
11 e) All meetings of the Commission and its designated
12 committees shall be open to the public with reasonable
13 advance notice. The Commission may, by majority vote, close
14 a meeting to the public for the purpose of considering
15 sensitive personnel or legal strategy matters. However, all
16 Commission actions and decisions shall be made in open
17 meetings and appropriately recorded. A roll call may be
18 required upon request of any voting Commissioner.
19 f) The Commission may establish advisory committees for
20 the purpose of advising the Commission on any matters
21 pertaining to waste management, waste generation and source
22 and volume reduction.
23 g) The Office of the Commission shall be in Illinois.
24 The Commission may appoint or contract for and compensate
25 such staff necessary to carry out its duties and functions.
26 The staff shall serve at the Commission's pleasure with the
27 exception that staff hired as the result of securing federal
28 funds shall be hired and governed under applicable federal
29 statutes and regulations. In selecting any staff, the
30 Commission shall assure that the staff has adequate
31 experience and formal training to carry out the functions
32 assigned to it by the Commission.
33 h) All files, records and data of the Commission shall
34 be open to reasonable public inspection and may be copied
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1 upon payment of reasonable fees to be established where
2 appropriate by the Commission, except for information
3 privileged against introduction in judicial proceedings.
4 Such fees may be waived or shall be reduced substantially for
5 not-for-profit organizations.
6 i) The Commission may:
7 1) Enter into an agreement with any person to allow
8 waste from outside the region to be disposed of at facilities
9 in the region. However, no such agreement shall be effective
10 unless and until ratified by a law enacted by the party state
11 to which the waste would be sent for disposal.
12 2) Enter into an agreement with any person to allow
13 waste described in Article VII(a)(6) to be treated, stored,
14 or disposed of at regional facilities. However, no such
15 agreement shall be effective unless and until ratified by a
16 law enacted by the host state of the regional facility where
17 the waste would be sent for treatment, storage, or disposal.
18 3) Enter into an agreement with any person to allow
19 waste from outside the region to be treated or stored at
20 facilities in the region. However, any such agreement shall
21 be revoked as a matter of law if, within one year of the
22 effective date of the agreement, a law is enacted ordering
23 the revocation by the party state where the waste would be
24 sent for treatment or storage.
25 4) Approve, or enter into an agreement with any person
26 for, the export of waste from the region.
27 5) Approve the disposal of waste generated within the
28 region at a facility in the region other than a regional
29 facility, subject to the limitations of Articles V(f) and
30 VII(a)(6).
31 6) Require that waste generated within the region be
32 treated or stored at available regional facilities, subject
33 to the limitations of Articles V(f), VII(a)(3) and VII(a)(6).
34 7) Appear as an intervenor or party in interest before
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1 any court of law or any federal, state or local agency, board
2 or commission in any matter related to waste management. In
3 order to represent its views, the Commission may arrange for
4 any expert testimony, reports, evidence or other
5 participation.
6 8) Review the emergency closure of a regional facility,
7 determine the appropriateness of that closure, and take
8 whatever actions are necessary to ensure that the interests
9 of the region are protected, provided that a party state with
10 a total volume of waste recorded on low-level radioactive
11 waste manifests for any year that is less than 10 percent of
12 the total volume recorded on such manifests for the region
13 during the same year shall not be designated a host state or
14 be required to store the region's waste. In determining the
15 10 percent exclusion, there shall not be included waste
16 recorded on low-level radioactive waste manifests by a person
17 whose principal business is providing a service by arranging
18 for the collection, transportation, treatment, storage or
19 disposal of such waste.
20 9) Take any action which is appropriate and necessary to
21 perform its duties and functions as provided in this compact.
22 10) Suspend the privileges or revoke the membership of a
23 party state.
24 j) The Commission shall:
25 1) Submit within 10 days of its execution to the
26 governor and the appropriate officers of the legislative body
27 of the party state in which any affected facility is located
28 a copy of any agreement entered into by the Commission under
29 Article III(i)(1), Article III(i)(2) or Article III(i)(3).
30 2) Submit an annual report to, and otherwise communicate
31 with, the governors and the appropriate officers of the
32 legislative bodies of the party states regarding the
33 activities of the Commission. The annual report shall include
34 a description of the status of the activities taken pursuant
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1 to any agreement entered into by the Commission under Article
2 III(i)(1), Article III(i)(2) or Article III(i)(3) and any
3 violation of any provision thereof, and a description of the
4 source, volume, activity, and current status of any waste
5 from outside the region or waste described under Article
6 VII(a)(6) that was treated, stored or disposed of in the
7 region in the previous year.
8 3) Hear, negotiate, and, as necessary, resolve by final
9 decision disputes which may arise between the party states
10 regarding this compact.
11 4) Adopt and amend, as appropriate, a regional
12 management plan that plans for the establishment of needed
13 regional facilities.
14 5) Adopt an annual budget.
15 k) Funding of the budget of the Commission shall be
16 provided as follows:
17 1) Each state, upon becoming a party state, shall pay
18 $50,000 to the Commission which shall be used for the
19 administrative costs of the Commission.
20 2) Each state hosting a regional facility shall levy
21 surcharges on each user of the regional facility based upon
22 its portion of the total volume and characteristics of wastes
23 managed at that facility. The surcharges collected at all
24 regional facilities shall:
25 A) be sufficient to cover the annual budget of the
26 Commission; and
27 B) be paid to the Commission, provided, however, that
28 each host state collecting surcharges may retain a portion of
29 the collection sufficient to cover its administrative costs
30 of collection.
31 l) The Commission shall keep accurate accounts of all
32 receipts and disbursements. The Commission shall contract
33 with an independent certified public accountant to annually
34 audit all receipts and disbursements of Commission funds and
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1 to submit an audit report to the Commission. The audit
2 report shall be made a part of the annual report of the
3 Commission required by this Article.
4 m) The Commission may accept for any of its purposes and
5 functions and may utilize and dispose of any donations,
6 grants of money, equipment, supplies, materials and services
7 from any state or the United States (or any subdivision or
8 agency thereof), or interstate agency, or from any
9 institution, person, firm or corporation. The nature, amount
10 and condition, if any, attendant upon any donation or grant
11 accepted or received by the Commission together with the
12 identity of the donor, grantor or lender, shall be detailed
13 in the annual report of the Commission. The Commission shall
14 establish guidelines for the acceptance of donations, grants,
15 equipment, supplies, materials and services and shall review
16 such guidelines annually.
17 n) The Commission is not liable for any costs associated
18 with any of the following:
19 1) the licensing and construction of any facility;
20 2) the operation of any facility;
21 3) the stabilization and closure of any facility;
22 4) the extended care of any facility;
23 5) the institutional control, after extended care of any
24 facility; or
25 6) the transportation of waste to any facility.
26 o) The Commission is a legal entity separate and
27 distinct from the party states and is liable for its actions
28 as a separate and distinct legal entity. Commissioners are
29 not personally liable for actions taken by them in their
30 official capacity.
31 p) Except as provided under Article III(n), Article
32 III(o), Article VI(p) and Article VI(q), nothing in this
33 compact alters liability for any action, omission, course of
34 conduct or liability resulting from any causal or other
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1 relationships.
2 q) Any person aggrieved by a final decision of the
3 Commission which adversely affects the legal rights, duties
4 or privileges of such person, may petition a court of
5 competent jurisdiction, within 60 days after the Commission's
6 final decision, to obtain judicial review of said final
7 decision.
8 ARTICLE IV. REGIONAL MANAGEMENT PLAN
9 The Commission shall adopt a regional management plan
10 designed to ensure the safe and efficient management of waste
11 generated within the region. In adopting a regional waste
12 management plan the Commission shall:
13 a) Adopt procedures for determining, consistent with
14 considerations of public health and safety, the type and
15 number of regional facilities which are presently necessary
16 and which are projected to be necessary to manage waste
17 generated within the region.
18 b) Develop and adopt policies promoting source and
19 volume reduction of waste generated within the region.
20 c) Develop alternative means for the treatment, storage
21 and disposal of waste, other than shallow-land burial or
22 underground injection well.
23 d) Prepare a draft regional management plan that shall
24 be made available in a convenient form to the public for
25 comment. The Commission shall conduct one or more public
26 hearings in each party state prior to the adoption of the
27 regional management plan. The regional management plan shall
28 include the Commission's response to public and party state
29 comment.
30 ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES
31 a) Each party state shall act in good faith in the
32 performance of acts and courses of conduct which are intended
33 to ensure the provision of facilities for regional
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1 availability and usage in a manner consistent with this
2 compact.
3 b) Other than the provisions of Article V(f) and
4 VII(a)(6), each party state has the right to have all wastes
5 generated within its borders managed at regional facilities.
6 This right shall be subject to the provisions of this
7 Compact. All party states have an equal right of access to
8 any facility outside the region made available to the region
9 by any agreement entered into by the Commission pursuant to
10 Article III(i)(4).
11 c) Party states or generators may negotiate for the
12 right of access to a facility outside the region and may
13 export waste outside the region subject to Commission
14 approval under Article III(i)(4).
15 d) To the extent permitted by federal law, each party
16 state may enforce any applicable federal and state laws,
17 regulations and rules pertaining to the packaging and
18 transportation of waste generated within or passing through
19 its borders. Nothing in this Section shall be construed to
20 require a party state to enter into any agreement with the
21 U.S. Nuclear Regulatory Commission.
22 e) Each party state shall provide to the Commission any
23 data and information the Commission requires to implement its
24 responsibilities. Each party state shall establish the
25 capability to obtain any data and information required by the
26 Commission.
27 f) Waste originating from the Maxey Flats nuclear waste
28 disposal site in Fleming County, Kentucky shall not be
29 shipped to any facility in Illinois for storage, treatment or
30 disposal. Disposition of these wastes shall be the sole
31 responsibility of the Commonwealth of Kentucky and such waste
32 shall not be subject to the provisions of Article IX(b)(3)
33 and (4) of this compact.
34 ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES
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1 a) Any party state may volunteer to become a host state,
2 and the Commission may designate that state as a host state.
3 b) If all regional facilities required by the regional
4 management plan are not developed pursuant to Article VI(a),
5 or upon notification that an existing regional facility will
6 be closed, the Commission may designate a party state as a
7 host state. A party state shall not be designated as a host
8 state for any regional facility under this Article VI(b)
9 unless that state's total volume of waste recorded on
10 low-level radioactive waste manifests for any year is more
11 than 10% of the total volume recorded on those manifests for
12 the region during the same year. In determining the 10%
13 exclusion, there shall not be included waste recorded on
14 low-level radioactive waste manifests by a person whose
15 principal business is providing a service by arranging for
16 the collection, transportation, treatment, storage or
17 disposal of such waste, or waste described in Article
18 VII(a)(6).
19 c) Each party state designated as a host state is
20 responsible for determining possible facility locations
21 within its borders. The selection of a facility site shall
22 not conflict with applicable federal and host state laws,
23 regulations and rules not inconsistent with this compact and
24 shall be based on factors including, but not limited to,
25 geological, environmental, engineering and economic viability
26 of possible facility locations.
27 d) Any party state designated as a host state may
28 request the Commission to relieve that state of the
29 responsibility to serve as a host state. The Commission may
30 relieve a party state of this responsibility upon a showing
31 by the requesting party state that no feasible potential
32 regional facility site of the type it is designated to host
33 exists within its borders or for other good cause shown and
34 consistent with the purposes of the Compact.
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1 e) After a state is designated a host state by the
2 Commission, it is responsible for the timely development and
3 operation of a regional facility.
4 f) To the extent permitted by federal and state law, a
5 host state shall regulate and license any facility within its
6 borders and ensure the extended care of that facility.
7 g) The Commission may designate a party state as a host
8 state while a regional facility is in operation if the
9 Commission determines that an additional regional facility is
10 or may be required to meet the needs of the region.
11 h) Designation of a host state is for a period of 20
12 years or the life of the regional facility which is
13 established under that designation, whichever is shorter.
14 Upon request of a host state, the Commission may modify the
15 period of its designation.
16 i) A host state may establish a fee system for any
17 regional facility within its borders. The fee system shall
18 be reasonable and equitable. This fee system shall provide
19 the host state with sufficient revenue to cover any costs
20 including, but not limited to, the planning, siting,
21 licensure, operation, pre-closure corrective action or
22 clean-up, monitoring, inspection, decommissioning, extended
23 care and long-term liability, associated with such
24 facilities. This fee system may provide for payment to units
25 of local government affected by a regional facility for costs
26 incurred in connection with such facility. This fee system
27 may also include reasonable revenue beyond the costs incurred
28 for the host state, subject to approval by the Commission.
29 The fee system shall include incentives for source or volume
30 reduction and may be based on the hazard of the waste. A
31 host state shall submit an annual financial audit of the
32 operation of the regional facility to the Commission.
33 j) A host state shall ensure that a regional facility
34 located within its borders which is permanently closed is
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1 properly decommissioned. A host state shall also provide for
2 the extended care of a closed or decommissioned regional
3 facility within its borders so that the public health and
4 safety of the state and region are ensured, unless, pursuant
5 to the federal Nuclear Waste Policy Act of 1982, the federal
6 government has assumed title and custody of the regional
7 facility and the federal government thereby has assumed
8 responsibility to provide for the extended care of such
9 facility.
10 k) A host state intending to close a regional facility
11 located within its borders shall notify the Commission in
12 writing of its intention and the reasons. Notification shall
13 be given to the Commission at least five years prior to the
14 intended date of closure. This Section shall not prevent an
15 emergency closing of a regional facility by a host state to
16 protect its air, land and water resources and the health and
17 safety of its citizens. However, a host state which has an
18 emergency closing of a regional facility shall notify the
19 Commission in writing within 3 working days of its action and
20 shall, within 30 working days of its action, demonstrate
21 justification for the closing.
22 l) If a regional facility closes before an additional or
23 new facility becomes operational, waste generated within the
24 region may be shipped temporarily to any location agreed on
25 by the Commission until a regional facility is operational,
26 provided that the region's waste shall not be stored in a
27 party state with a total volume of waste recorded on
28 low-level radioactive waste manifests for any year which is
29 less than 10% of the total volume recorded on the manifests
30 for the region during the same year. In determining the 10%
31 exclusion, there shall not be included waste recorded on
32 low-level radioactive waste manifests by a person whose
33 principal business is providing a service by arranging for
34 the collection, transportation, treatment, storage or
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1 disposal of such waste, or waste described in Article
2 VII(a)(6).
3 m) A party state which is designated as a host state by
4 the Commission and fails to fulfill its obligations as a host
5 state may have its privileges under the compact suspended or
6 membership in the compact revoked by the Commission.
7 n) The host state shall create an "Extended Care and
8 Long-Term Liability Fund" and shall allocate sufficient fee
9 revenues, received pursuant to Article VI(i), to provide for
10 the costs of:
11 1) decommissioning and other procedures required for the
12 proper closure of a regional facility;
13 2) monitoring, inspection and other procedures required
14 for the proper extended care of a regional facility;
15 3) undertaking any corrective action or clean-up
16 necessary to protect human health and the environment from
17 radioactive releases from a regional facility;
18 4) compensating any person for medical and other
19 expenses incurred from damages to human health, personal
20 injuries suffered from damages to human health and damages or
21 losses to real or personal property, and accomplishing any
22 necessary corrective action or clean-up on real or personal
23 property caused by radioactive releases from a regional
24 facility; the host state may allocate monies in this Fund in
25 amounts as it deems appropriate to purchase insurance or to
26 make other similar financial protection arrangements
27 consistent with the purposes of this Fund; this Article VI(n)
28 shall in no manner limit the financial responsibilities of
29 the site operator under Article VI(o), the party states under
30 Article VI(p), or any person who sends waste to a regional
31 facility, under Article VI(q).
32 o) The operator of a regional facility shall purchase an
33 amount of property and third-party liability insurance deemed
34 appropriate by the host state, pay the necessary periodic
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1 premiums at all times and make periodic payments to the
2 Extended Care and Long-Term Liability Fund as set forth in
3 Article VI(n) for such amounts as the host state reasonably
4 determines is necessary to provide for future premiums to
5 continue such insurance coverage, in order to pay the costs
6 of compensating 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 accomplishing any necessary
10 corrective action or clean-up on real or personal property
11 caused by radioactive releases from a regional facility. In
12 the event of such costs resulting from radioactive releases
13 from a regional facility, the host state should, to the
14 maximum extent possible, seek to obtain monies from such
15 insurance prior to using monies from the Extended Care and
16 Long-Term Liability Fund.
17 p) All party states shall be liable for the cost of
18 extended care and long-term liability in excess of monies
19 available from the Extended Care and Long-Term Liability
20 Fund, as set forth in Article VI(n) and from the property and
21 third-party liability insurance as set forth in Article
22 VI(o). A party state may meet such liability for costs by
23 levying surcharges upon generators located in the party
24 state. The extent of such liability shall be based on the
25 proportionate share of the total volume of waste placed in
26 the regional facility by generators located in each such
27 party state. Such liability shall be joint and several among
28 the party states with a right of contribution between the
29 party states. However, this Section shall not apply to a
30 party state with a total volume of waste recorded on
31 low-level radioactive waste manifests for any year that is
32 less than 10% of the total volume recorded on such manifests
33 for the region during the same year.
34 q) Any person who sends waste from outside the region or
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1 waste described in Article VII(a)(6) for treatment, storage
2 or disposal at a regional facility shall be liable for the
3 cost of extended care and long-term liability of that
4 regional facility in excess of the monies available from the
5 Extended Care and Long-Term Liability Fund as set forth in
6 Article VI(n) and from the property and third-party liability
7 insurance as set forth in Article VI(o). The extent of the
8 liability for the person shall be based on the proportionate
9 share of the total volume of waste sent by that person to the
10 regional facility.
11 ARTICLE VII. OTHER LAWS AND REGULATIONS
12 a) Nothing in this compact:
13 1) abrogates or limits the applicability of any act of
14 Congress or diminishes or otherwise impairs the jurisdiction
15 of any federal agency expressly conferred thereon by the
16 Congress;
17 2) prevents the enforcement of any other law of a party
18 state which is not inconsistent with this compact;
19 3) prohibits any storage or treatment of waste by the
20 generator on its own premises;
21 4) affects any administrative or judicial proceeding
22 pending on the effective date of this compact;
23 5) alters the relations between the respective internal
24 responsibility of the government of a party state and its
25 subdivisions;
26 6) establishes any right to the treatment, storage or
27 disposal at any facility in the region or provides any
28 authority to prohibit export from the region of waste that is
29 owned or generated by the United States Department of Energy,
30 owned or generated by the United States Navy as a result of
31 the decommissioning decomissioning of vessels of the United
32 States Navy, or owned or generated as the result of any
33 research, development, testing or production of any atomic
34 weapon; or
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1 7) affects the rights and powers of any party state or
2 its political subdivisions, to the extent not inconsistent
3 with this compact, to regulate and license any facility or
4 the transportation of waste within its borders or affects the
5 rights and powers of any state or its political subdivisions
6 to tax or impose fees on the waste managed at any facility
7 within its borders;
8 8) requires a party state to enter into any agreement
9 with the U.S. Nuclear Regulatory Commission; or
10 9) alters or limits liability of transporters of waste
11 and owners and operators of sites for their acts, omissions,
12 conduct or relationships in accordance with applicable laws.
13 b) For purposes of this compact, all state laws or parts
14 of laws in conflict with this compact are hereby superseded
15 to the extent of the conflict.
16 c) No law, rule, regulation, fee or surcharge of a party
17 state, or of any of its subdivisions or instrumentalities,
18 may be applied in a manner which discriminates against the
19 generators of another party state.
20 d) No person who provides a service by arranging for
21 collection, transportation, treatment, storage or disposal of
22 waste from outside the region shall be allowed to dispose of
23 any waste, regardless of origin, in the region unless
24 specifically permitted under an agreement entered into by the
25 Commission in accordance with the requirements of Article
26 III(i)(1).
27 ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
28 ENTRY INTO FORCE, TERMINATION
29 a) Eligible parties to this compact are the State of
30 Illinois and Commonwealth of Kentucky. Eligibility
31 terminates on April 15, 1985.
32 b) An eligible state becomes a party state when the
33 state enacts the compact into law and pays the membership fee
34 required in Article III(k)(1).
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1 c) The Commission is formed upon the appointment of the
2 Commissioners and the tender of the membership fee payable to
3 the Commission by the eligible states. The Governor of
4 Illinois shall convene the initial meeting of the Commission.
5 The Commission shall cause legislation to be introduced in
6 the Congress which grants the consent of the Congress to this
7 compact, and shall take action necessary to organize the
8 Commission and implement the provisions of this compact.
9 d) Other than the special circumstances for withdrawal
10 in Section (f) of this Article, either party state may
11 withdraw from this compact at any time by repealing the
12 authorizing legislation, but no withdrawal may take effect
13 until 5 years after the Governor of the withdrawing state
14 gives notice in writing of the withdrawal to the Commission
15 and to the Governor of the other state. Withdrawal does not
16 affect any liability already incurred by or chargeable to a
17 party state prior to the time of such withdrawal. Any host
18 state which grants a disposal permit for waste generated in a
19 withdrawing state shall void the permit when the withdrawal
20 of that state is effective.
21 e) This compact becomes effective July 1, 1984, or at
22 any date subsequent to July 1, 1984, upon enactment by the
23 eligible states. However, Article IX(b) shall not take
24 effect until the Congress has by law consented to this
25 compact. The Congress shall have an opportunity to withdraw
26 such consent every 5 years. Failure of the Congress
27 affirmatively to withdraw its consent has the effect of
28 renewing consent for an additional 5 year period. The
29 consent given to this compact by the Congress shall extend to
30 the power of the region to ban the shipment of waste into the
31 region pursuant to Article III(i)(1) and to prohibit
32 exportation of waste generated within the region under
33 Article III(i)(4).
34 f) A state which has been designated a host state may
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1 withdraw from the compact. The option to withdraw must be
2 exercised within 90 days of the date the Governor of the
3 designated state receives written notice of the designation.
4 Withdrawal becomes effective immediately after notice is
5 given in the following manner. The Governor of the
6 withdrawing state shall give notice in writing to the
7 Commission and to the Governor of each party state. A state
8 which withdraws from the compact under this Section forfeits
9 any funds already paid pursuant to this compact. A
10 designated host state which withdraws from the compact after
11 90 days and prior to fulfilling its obligations shall be
12 assessed a sum the Commission determines to be necessary to
13 cover the costs borne by the Commission and remaining party
14 states as a result of that withdrawal.
15 ARTICLE IX. PENALTIES
16 a) Each party state shall prescribe and enforce
17 penalties against any person who is not an official of
18 another state for violation of any provision of this compact.
19 b) Unless authorized by the Commission pursuant to
20 Article III(i), or otherwise provided in this compact, after
21 January 1, 1986 it is a violation of this compact:
22 1) for any person to deposit at a facility in the region
23 waste from outside the region;
24 2) for any facility in the region to accept waste from
25 outside the region;
26 3) for any person to export from the region waste that
27 is generated within the region;
28 4) for any person to dispose of waste at a facility
29 other than a regional facility;
30 5) for any person to deposit at a regional facility
31 waste described in Article VII(a)(6); or
32 6) for any regional facility to accept waste described
33 in Article VII(a)(6).
34 c) It is a violation of this compact for any person to
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1 treat or store waste at a facility other than a regional
2 facility if such treatment or storage is prohibited by the
3 Commission under Article III(i)(6).
4 d) Each party state acknowledges that the receipt by a
5 host state of waste packaged or transported in violation of
6 applicable laws, rules or regulations may result in the
7 imposition of sanctions by the host state which may include
8 suspension or revocation of the violator's right of access to
9 the facility in the host state.
10 e) Each party state has the right to seek legal recourse
11 against any party state which acts in violation of this
12 compact.
13 ARTICLE X. SEVERABILITY AND CONSTRUCTION
14 The provisions of this compact shall be severable and if
15 any phrase, clause, sentence or provision of this compact is
16 declared by a court of competent jurisdiction to be contrary
17 to the Constitution of any participating state or the United
18 States, or if the applicability thereof to any government,
19 agency, person or circumstance is held invalid, the validity
20 of the remainder of this compact and the applicability
21 thereof to any government, agency, person or circumstance
22 shall not be affected thereby. If any provision of this
23 compact shall be held contrary to the Constitution of any
24 state participating therein, the compact shall remain in full
25 force and effect as to the state affected as to all severable
26 matters.
27 (Source: P.A. 87-1166; revised 7-17-97.)
28 Section 50. The Public Officer Prohibited Activities Act
29 is amended by changing Section 3 as follows:
30 (50 ILCS 105/3) (from Ch. 102, par. 3)
31 Sec. 3. Prohibited interest in contracts.
32 (a) No person holding any office, either by election or
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1 appointment under the laws or Constitution of this State, may
2 be in any manner financially interested directly in his own
3 name or indirectly in the name of any other person,
4 association, trust, or corporation, in any contract or the
5 performance of any work in the making or letting of which
6 such officer may be called upon to act or vote. No such
7 officer may represent, either as agent or otherwise, any
8 person, association, trust, or corporation, with respect to
9 any application or bid for any contract or work in regard to
10 which such officer may be called upon to vote. Nor may any
11 such officer take or receive, or offer to take or receive,
12 either directly or indirectly, any money or other thing of
13 value as a gift or bribe or means of influencing his vote or
14 action in his official character. Any contract made and
15 procured in violation hereof is void. This Section shall not
16 apply to any person serving on an advisory panel or
17 commission or to any director serving on a hospital district
18 board as provided under subsection (a-5) of Section 13 of the
19 Hospital District Law.
20 (b) However, any elected or appointed member of the
21 governing body may provide materials, merchandise, property,
22 services, or labor, subject to the following provisions under
23 either paragraph (1) or (2):
24 (1) If:
25 A. the contract is with a person, firm,
26 partnership, association, corporation, or cooperative
27 association in which such interested member of the
28 governing body of the municipality has less than a 7 1/2%
29 share in the ownership; and
30 B. such interested member publicly discloses the
31 nature and extent of his interest prior to or during
32 deliberations concerning the proposed award of the
33 contract; and
34 C. such interested member abstains from voting on
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1 the award of the contract, though he shall be considered
2 present for the purposes of establishing a quorum; and
3 D. such contract is approved by a majority vote of
4 those members presently holding office; and
5 E. the contract is awarded after sealed bids to the
6 lowest responsible bidder if the amount of the contract
7 exceeds $1500, or awarded without bidding if the amount
8 of the contract is less than $1500; and
9 F. the award of the contract would not cause the
10 aggregate amount of all such contracts so awarded to the
11 same person, firm, association, partnership, corporation,
12 or cooperative association in the same fiscal year to
13 exceed $25,000.,
14 (2) If:
15 A. the award of the contract is approved by a
16 majority vote of the governing body of the municipality
17 provided that any such interested member shall abstain
18 from voting; and
19 B. the amount of the contract does not exceed
20 $2,000; and
21 C. the award of the contract would not cause the
22 aggregate amount of all such contracts so awarded to the
23 same person, firm, association, partnership, corporation,
24 or cooperative association in the same fiscal year to
25 exceed $4,000; and
26 D. such interested member publicly discloses the
27 nature and extent of his interest prior to or during
28 deliberations concerning the proposed award of the
29 contract; and
30 E. such interested member abstains from voting on
31 the award of the contract, though he shall be considered
32 present for the purposes of establishing a quorum.
33 (b-5) In addition to the above exemptions, any elected
34 or appointed member of the governing body may provide
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1 materials, merchandise, property, services, or labor if:
2 A. the contract is with a person, firm,
3 partnership, association, corporation, or cooperative
4 association in which the interested member of the
5 governing body of the municipality, advisory panel, or
6 commission has less than a 1% share in the ownership; and
7 B. the award of the contract is approved by a
8 majority vote of the governing body of the municipality
9 provided that any such interested member shall abstain
10 from voting; and
11 C. such interested member publicly discloses the
12 nature and extent of his interest before or during
13 deliberations concerning the proposed award of the
14 contract; and
15 D. such interested member abstains from voting on
16 the award of the contract, though he shall be considered
17 present for the purposes of establishing a quorum.
18 (c) A contract for the procurement of public utility
19 services by a public entity with a public utility company is
20 not barred by this Section by one or more members of the
21 governing body of the public entity being an officer or
22 employee of the public utility company or holding an
23 ownership interest of no more than 7 1/2% in the public
24 utility company, or holding an ownership interest of any size
25 if the public entity is a municipality with a population of
26 less than 7,500 and the public utility's rates are approved
27 by the Illinois Commerce Commission. An elected or appointed
28 member of the governing body of the public entity having such
29 an interest shall be deemed not to have a prohibited interest
30 under this Section.
31 (d) Notwithstanding any other provision of this Section
32 or any other law to the contrary, until January 1, 1994, a
33 member of the city council of a municipality with a
34 population under 20,000 may purchase real estate from the
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1 municipality, at a price of not less than 100% of the value
2 of the real estate as determined by a written MAI certified
3 appraisal or by a written certified appraisal of a State
4 certified or licensed real estate appraiser, if the purchase
5 is approved by a unanimous vote of the city council members
6 then holding office (except for the member desiring to
7 purchase the real estate, who shall not vote on the
8 question).
9 (e) For the purposes of this Section only, a municipal
10 officer shall not be deemed interested if the officer is an
11 employee of a company or owns or holds an interest of 1% or
12 less in the municipal officer's individual name in a company,
13 or both, that company is involved in the transaction of
14 business with the municipality, and that company's stock is
15 traded on a nationally recognized securities market, provided
16 the interested member: (i) publicly discloses the fact that
17 he or she is an employee or holds an interest of 1% or less
18 in a company before deliberation of the proposed award of the
19 contract; (ii) refrains from evaluating, recommending,
20 approving, deliberating, or otherwise participating in
21 negotiation, approval, or both, of the contract, work, or
22 business; (iii) abstains from voting on the award of the
23 contract though he or she shall be considered present for
24 purposes of establishing a quorum; and (iv) the contract is
25 approved by a majority vote of those members currently
26 holding office.
27 A municipal officer shall not be deemed interested if the
28 officer owns or holds an interest of 1% or less, not in the
29 officer's individual name but through a mutual fund, in a
30 company, that company is involved in the transaction of
31 business with the municipality, and that company's stock is
32 traded on a nationally recognized securities market.
33 (Source: P.A. 90-197, eff. 1-1-98; 90-364, eff, 1-1-98;
34 revised 10-28-97.)
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1 Section 51. The Industrial Building Revenue Bond Act is
2 amended by changing Section 6 as follows:
3 (50 ILCS 445/6) (from Ch. 85, par. 876)
4 Sec. 6. A resolution authorizing issuance of bonds
5 pursuant to this Act may contain covenants as to (a) the use
6 and disposition of the income and revenues from industrial
7 projects for which the bonds are issued, including the
8 creation and maintenance of reserves; (b) the issuance of
9 other or additional bonds payable from or with respect to the
10 income from the industrial projects; (c) the maintenance and
11 repair of the industrial projects; (d) the insurance to be
12 carried on the industrial projects and the disposition of
13 insurance proceeds; and (e) the terms and conditions under
14 which bondholders or their trustees are entitled to
15 appointment of a receiver by the circuit court with power to
16 take possession of an industrial project and to lease,
17 maintain, set payments for, and receive and apply income from
18 the industrial project in the same manner and to the same
19 extent as the authority.
20 A resolution authorizing issuance of bonds under this Act
21 may provide that the principal and interest on bonds issued
22 under authority of this Act be secured by a mortgage or trust
23 deed covering the industrial project for which the bonds are
24 issued, and include subsequent improvements or extensions.
25 The mortgage or trust deed may contain covenants and
26 agreements to safeguard the bonds. The covenants and
27 agreements shall be provided for in the resolution
28 authorizing issuance of the bonds and shall be executed in a
29 manner provided for in the resolution. The covenants and
30 agreements shall not be inconsistent with this Act. A
31 mortgage or deed of trust by which a security interest is
32 created, or a financing statement relating thereto, need not
33 be filed under the Uniform Commercial Code, or otherwise, in
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1 order to perfect such security interest, except in the
2 records of the authority.
3 The provisions of this Act, resolutions adopted and
4 mortgages and trust deeds executed under authority of this
5 Act are contracts with the bondholders and shall remain in
6 effect until the principal and interest on the bonds issued
7 are paid.
8 The duties of the authority and its governing body and
9 officers under this Act, resolutions adopted and mortgages
10 and trust deeds executed, are enforceable enforcible by a
11 bondholder by mandamus, injunction, foreclosure of a mortgage
12 or trust deed or other appropriate civil action in the
13 appropriate circuit court.
14 (Source: P.A. 83-345; revised 6-27-97.)
15 Section 52. The Counties Code is amended by changing
16 Sections 3-7002, 3-7005, 3-14010, 5-1006.5, 5-1012, 5-1093,
17 5-12001, 5-30004, 5-30011, 6-5002, and 6-12003 as follows:
18 (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
19 Sec. 3-7002. Cook County Sheriff's Merit Board. There is
20 created the Cook County Sheriff's Merit Board, hereinafter
21 called the Board, consisting of 5 members appointed by the
22 Sheriff with the advice and consent of the county board,
23 except that on and after the effective date of this
24 amendatory Act of 1997, the Sheriff may appoint 2 two
25 additional members, with the advice and consent of the county
26 board, at his or her discretion. Of the members first
27 appointed, one shall serve until the third Monday in March,
28 1965 one until the third Monday in March, 1967, and one until
29 the third Monday in March, 1969. Of the 2 additional members
30 first appointed under authority of this amendatory Act of
31 1991, one shall serve until the third Monday in March, 1995,
32 and one until the third Monday in March, 1997.
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1 Upon the expiration of the terms of office of those first
2 appointed (including the 2 additional members first appointed
3 under authority of this amendatory Act of 1991), their
4 respective successors shall be appointed to hold office from
5 the third Monday in March of the year of their respective
6 appointments for a term of 6 years and until their successors
7 are appointed and qualified for a like term. As additional
8 members are appointed under authority of this amendatory Act
9 of 1997, their terms shall be set to be staggered
10 consistently with the terms of the existing Board members. No
11 more than 3 members of the Board shall be affiliated with the
12 same political party, except that as additional members are
13 appointed by the Sheriff under authority of this amendatory
14 Act of 1997, the political affiliation of the Board shall be
15 such that no more than one-half of the members plus one
16 additional member may be affiliated with the same political
17 party. No member shall have held or have been a candidate
18 for an elective public office within one year preceding his
19 or her appointment.
20 The Sheriff may deputize members of the Board.
21 (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
22 revised 11-17-97.)
23 (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
24 Sec. 3-7005. Meetings. As soon as practicable after the
25 members of the Board have been appointed, they shall meet,
26 upon the call of the Sheriff, and shall organize by selecting
27 a chairman and a secretary. The initial chairman and
28 secretary, and their successors, shall be selected by the
29 Board from among its members for a term of 2 years or for the
30 remainder of their term of office as a member of the Board,
31 whichever is the shorter. Two members Forty percent of the
32 Board shall constitute a quorum for the transaction of
33 business, except that as additional members are appointed
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1 under authority of this amendatory Act of 1997, the number of
2 members that must be present to constitute a quorum shall be
3 the number of members that constitute at least 40% of the
4 Board. The Board shall hold regular quarterly meetings and
5 such other meetings as may be called by the chairman.
6 (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
7 revised 11-17-97.)
8 (55 ILCS 5/3-14010) (from Ch. 34, par. 3-14010)
9 Sec. 3-14010. Department of Data Processing. The Board
10 of Commissioners has authority to create and maintain a
11 Department of Data Processing to which may be assigned such
12 powers as the County Board may deem necessary for the proper
13 functioning of County government. This department has
14 authority to service all County departments, offices and
15 agencies established under the Board of Commissioners. The
16 Board of Commissioners may enter into agreements with
17 constitutional officers of county government for such
18 services by the Department of Data Processing within the
19 respective offices of such elected county officers. The
20 department shall be headed by a Director, who shall be
21 appointed by the President with the advice advise and consent
22 of the Board of Commissioners.
23 (Source: P.A. 86-962; revised 6-27-97.)
24 (55 ILCS 5/5-1006.5)
25 Sec. 5-1006.5. Special County Retailers' Occupation Tax
26 For Public Safety.
27 (a) The county board of any county may impose a tax upon
28 all persons engaged in the business of selling tangible
29 personal property, other than personal property titled or
30 registered with an agency of this State's government, at
31 retail in the county on the gross receipts from the sales
32 made in the course of business to provide revenue to be used
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1 exclusively for public safety purposes in that county, if a
2 proposition for the tax has been submitted to the electors of
3 that county and approved by a majority of those voting on the
4 question. If imposed, this tax shall be imposed only in
5 one-quarter percent increments. By resolution, the county
6 board may order the proposition to be submitted at any
7 election. The county clerk shall certify the question to the
8 proper election authority, who shall submit the proposition
9 at an election in accordance with the general election law.
10 The proposition shall be in substantially the following
11 form:
12 "Shall (name of county) be authorized to impose a
13 public safety tax at the rate of .... upon all persons
14 engaged in the business of selling tangible personal
15 property at retail in the county on gross receipts from
16 the sales made in the course of their business to be used
17 for crime prevention, detention, and other public safety
18 purposes?"
19 Votes shall be recorded as Yes or No. If a majority of the
20 electors voting on the proposition vote in favor of it, the
21 county may impose the tax.
22 This additional tax may not be imposed on the sales of
23 food for human consumption that is to be consumed off the
24 premises where it is sold (other than alcoholic beverages,
25 soft drinks, and food which has been prepared for immediate
26 consumption) and prescription and non-prescription medicines,
27 drugs, medical appliances and insulin, urine testing
28 materials, syringes, and needles used by diabetics. The tax
29 imposed by a county under this Section and all civil
30 penalties that may be assessed as an incident of the tax
31 shall be collected and enforced by the Illinois Department of
32 Revenue. The certificate of registration that is issued by
33 the Department to a retailer under the Retailers' Occupation
34 Tax Act shall permit the retailer to engage in a business
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1 that is taxable without registering separately with the
2 Department under an ordinance or resolution under this
3 Section. The Department has full power to administer and
4 enforce this Section, to collect all taxes and penalties due
5 under this Section, to dispose of taxes and penalties so
6 collected in the manner provided in this Section, and to
7 determine all rights to credit memoranda arising on account
8 of the erroneous payment of a tax or penalty under this
9 Section. In the administration of and compliance with this
10 Section, the Department and persons who are subject to this
11 Section shall (i) have the same rights, remedies, privileges,
12 immunities, powers, and duties, (ii) be subject to the same
13 conditions, restrictions, limitations, penalties, and
14 definitions of terms, and (iii) employ the same modes of
15 procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e,
16 1f, 1i, 1j, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions
17 contained in those Sections other than the State rate of
18 tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions
19 relating to transaction returns and quarter monthly
20 payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
21 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
22 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
23 Penalty and Interest Act as if those provisions were set
24 forth in this Section.
25 Persons subject to any tax imposed under the authority
26 granted in this Section may reimburse themselves for their
27 sellers' tax liability by separately stating the tax as an
28 additional charge, which charge may be stated in combination,
29 in a single amount, with State tax which sellers are required
30 to collect under the Use Tax Act, pursuant to such bracketed
31 schedules as the Department may prescribe.
32 Whenever the Department determines that a refund should
33 be made under this Section to a claimant instead of issuing a
34 credit memorandum, the Department shall notify the State
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1 Comptroller, who shall cause the order to be drawn for the
2 amount specified and to the person named in the notification
3 from the Department. The refund shall be paid by the State
4 Treasurer out of the County Public Safety Retailers'
5 Occupation Tax Fund.
6 (b) If a tax has been imposed under subsection (a), a
7 service occupation tax shall also be imposed at the same rate
8 upon all persons engaged, in the county, in the business of
9 making sales of service, who, as an incident to making those
10 sales of service, transfer tangible personal property within
11 the county as an incident to a sale of service. This tax may
12 not be imposed on sales of food for human consumption that is
13 to be consumed off the premises where it is sold (other than
14 alcoholic beverages, soft drinks, and food prepared for
15 immediate consumption) and prescription and non-prescription
16 medicines, drugs, medical appliances and insulin, urine
17 testing materials, syringes, and needles used by diabetics.
18 The tax imposed under this subsection and all civil penalties
19 that may be assessed as an incident thereof shall be
20 collected and enforced by the Department of Revenue. The
21 Department has full power to administer and enforce this
22 subsection; to collect all taxes and penalties due hereunder;
23 to dispose of taxes and penalties so collected in the manner
24 hereinafter provided; and to determine all rights to credit
25 memoranda arising on account of the erroneous payment of tax
26 or penalty hereunder. In the administration of, and
27 compliance with this subsection, the Department and persons
28 who are subject to this paragraph shall (i) have the same
29 rights, remedies, privileges, immunities, powers, and duties,
30 (ii) be subject to the same conditions, restrictions,
31 limitations, penalties, exclusions, exemptions, and
32 definitions of terms, and (iii) employ the same modes of
33 procedure as are prescribed in Sections 1a-1, 2 (except that
34 the reference to State in the definition of supplier
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1 maintaining a place of business in this State shall mean the
2 county), 2a, 3 through 3-50 (in respect to all provisions
3 therein other than the State rate of tax), 4 (except that the
4 reference to the State shall be to the county), 5, 7, 8
5 (except that the jurisdiction to which the tax shall be a
6 debt to the extent indicated in that Section 8 shall be the
7 county), 9 (except as to the disposition of taxes and
8 penalties collected, and except that the returned merchandise
9 credit for this tax may not be taken against any State tax),
10 10, 11, 12 (except the reference therein to Section 2b of the
11 Retailers' Occupation Tax Act), 13 (except that any reference
12 to the State shall mean the county), the first paragraph of
13 Section 15, 16, 17, 18, 19 and 20 of the Service Occupation
14 Tax Act and Section 3-7 of the Uniform Penalty and Interest
15 Act, as fully as if those provisions were set forth herein.
16 Persons subject to any tax imposed under the authority
17 granted in this subsection may reimburse themselves for their
18 serviceman's tax liability by separately stating the tax as
19 an additional charge, which charge may be stated in
20 combination, in a single amount, with State tax that
21 servicemen are authorized to collect under the Service Use
22 Tax Act, in accordance with such bracket schedules as the
23 Department may prescribe.
24 Whenever the Department determines that a refund should
25 be made under this subsection to a claimant instead of
26 issuing a credit memorandum, the Department shall notify the
27 State Comptroller, who shall cause the warrant to be drawn
28 for the amount specified, and to the person named, in the
29 notification from the Department. The refund shall be paid
30 by the State Treasurer out of the County Public Safety
31 Retailers' Occupation Fund.
32 Nothing in this subsection shall be construed to
33 authorize the county to impose a tax upon the privilege of
34 engaging in any business which under the Constitution of the
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1 United States may not be made the subject of taxation by the
2 State.
3 (c) The Department shall immediately pay over to the
4 State Treasurer, ex officio, as trustee, all taxes and
5 penalties collected under this Section to be deposited into
6 the County Public Safety Retailers' Occupation Tax Fund,
7 which shall be an unappropriated trust fund held outside of
8 the State treasury. On or before the 25th day of each
9 calendar month, the Department shall prepare and certify to
10 the Comptroller the disbursement of stated sums of money to
11 the counties from which retailers have paid taxes or
12 penalties to the Department during the second preceding
13 calendar month. The amount to be paid to each county shall
14 be the amount (not including credit memoranda) collected
15 under this Section during the second preceding calendar month
16 by the Department plus an amount the Department determines is
17 necessary to offset any amounts that were erroneously paid to
18 a different taxing body, and not including (i) an amount
19 equal to the amount of refunds made during the second
20 preceding calendar month by the Department on behalf of the
21 county and (ii) any amount that the Department determines is
22 necessary to offset any amounts that were payable to a
23 different taxing body but were erroneously paid to the
24 county. Within 10 days after receipt by the Comptroller of
25 the disbursement certification to the counties provided for
26 in this Section to be given to the Comptroller by the
27 Department, the Comptroller shall cause the orders to be
28 drawn for the respective amounts in accordance with
29 directions contained in the certification.
30 In addition to the disbursement required by the preceding
31 paragraph, an allocation shall be made in March of each year
32 to each county that received more than $500,000 in
33 disbursements under the preceding paragraph in the preceding
34 calendar year. The allocation shall be in an amount equal to
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1 the average monthly distribution made to each such county
2 under the preceding paragraph during the preceding calendar
3 year (excluding the 2 months of highest receipts). The
4 distribution made in March of each year subsequent to the
5 year in which an allocation was made pursuant to this
6 paragraph and the preceding paragraph shall be reduced by the
7 amount allocated and disbursed under this paragraph in the
8 preceding calendar year. The Department shall prepare and
9 certify to the Comptroller for disbursement the allocations
10 made in accordance with this paragraph.
11 (d) For the purpose of determining the local
12 governmental unit whose tax is applicable, a retail sale by a
13 producer of coal or another mineral mined in Illinois is a
14 sale at retail at the place where the coal or other mineral
15 mined in Illinois is extracted from the earth. This
16 paragraph does not apply to coal or another mineral when it
17 is delivered or shipped by the seller to the purchaser at a
18 point outside Illinois so that the sale is exempt under the
19 United States Constitution as a sale in interstate or foreign
20 commerce.
21 (e) Nothing in this Section shall be construed to
22 authorize a county to impose a tax upon the privilege of
23 engaging in any business that under the Constitution of the
24 United States may not be made the subject of taxation by this
25 State.
26 (e-5) If a county imposes a tax under this Section, the
27 county board may, by ordinance, discontinue or lower the rate
28 of the tax. If the county board lowers the tax rate or
29 discontinues the tax, a referendum must be held in accordance
30 with subsection (a) of this Section in order to increase the
31 rate of the tax or to reimpose the discontinued tax.
32 (f) The results of any election authorizing a
33 proposition to impose a tax under this Section or effecting a
34 change in the rate of tax, or any ordinance lowering the rate
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1 or discontinuing the tax, shall be certified by the county
2 clerk and filed with the Illinois Department of Revenue on or
3 before the first day of June. The Illinois Department of
4 Revenue shall then proceed to administer and enforce this
5 Section or to lower the rate or discontinue the tax, as the
6 case may be, as of the first day of January next following
7 the filing.
8 (g) When certifying the amount of a monthly disbursement
9 to a county under this Section, the Department shall increase
10 or decrease the amounts by an amount necessary to offset any
11 miscalculation of previous disbursements. The offset amount
12 shall be the amount erroneously disbursed within the previous
13 6 months from the time a miscalculation is discovered.
14 (h) This Section may be cited as the "Special County
15 Occupation Tax For Public Safety Law".
16 (i) For purposes of this Section, "public safety"
17 includes but is not limited to fire fighting, police,
18 medical, ambulance, or other emergency services.
19 (Source: P.A. 89-107, eff. 1-1-96; 89-718, eff. 3-7-97;
20 90-190, eff. 7-24-97; 90-267, eff. 7-30-97; 90-552, eff.
21 12-12-97; 90-562, eff. 12-16-97; revised 12-30-97.)
22 (55 ILCS 5/5-1012) (from Ch. 34, par. 5-1012)
23 Sec. 5-1012. Issuance of county bonds. When the county
24 board of any county deems it necessary to issue county bonds
25 to enable them to perform any of the duties imposed upon them
26 by law, they may, by an order, entered of record, specifying
27 the amount of bonds required, and the object for which they
28 are to be issued, submit to the legal voters of their county,
29 at any election, the question of issuing such county bonds.
30 The county board shall certify the question to the proper
31 election officials who shall submit the question at an
32 election in accordance with the general election law. The
33 amount of the bonds so issued shall not exceed, including the
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1 then existing indebtedness of the county, 5.75% of on the
2 value of such taxable property of such county, as ascertained
3 by the assessment for the State and county tax for the
4 preceding year or, until January 1, 1983, if greater, the sum
5 that is produced by multiplying the county's 1978 equalized
6 assessed valuation by the debt limitation percentage in
7 effect on January 1, 1979. The proposition shall be in
8 substantially the following form: "For county bonds", or
9 "Against county bonds", and if a majority of the votes on
10 that question shall be "For county bonds", such county board
11 may issue such bonds in such denominations as the county
12 board may determine of not less than $25 each, payable
13 respectively, in not less than one, nor more than 20 years,
14 with interest payable annually or semi-annually, at the rate
15 of not more than the greater of (i) the maximum rate
16 authorized by the Bond Authorization Act, as amended at the
17 time of the making of the contract, or (ii) 8% per annum.
18 This Section shall not require submission to the voters of
19 the county of bond issues authorized to be issued without
20 such submission to the voters under Section 5-1027 or 5-1062
21 or under Division 5-33, 6-6, 6-8 or 6-27 of this Code.
22 With respect to instruments for the payment of money
23 issued under this Section or its predecessor either before,
24 on, or after the effective date of Public Act 86-4, it is and
25 always has been the intention of the General Assembly (i)
26 that the Omnibus Bond Acts are and always have been
27 supplementary grants of power to issue instruments in
28 accordance with the Omnibus Bond Acts, regardless of any
29 provision of this Act or "An Act to revise the law in
30 relation to counties", approved March 31, 1874, that may
31 appear to be or to have been more restrictive than those
32 Acts, (ii) that the provisions of this Section or its
33 predecessor are not a limitation on the supplementary
34 authority granted by the Omnibus Bond Acts, and (iii) that
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1 instruments issued under this Section or its predecessor
2 within the supplementary authority granted by the Omnibus
3 Bond Acts are not invalid because of any provision of this
4 Act or "An Act to revise the law in relation to counties",
5 approved March 31, 1874, that may appear to be or to have
6 been more restrictive than those Acts.
7 (Source: P.A. 86-962; 86-1028; 86-1463; revised 12-18-97.)
8 (55 ILCS 5/5-1093) (from Ch. 34, par. 5-1093)
9 Sec. 5-1093. Federal funds. A county board may receive
10 funds from the United States government under the Housing and
11 Community Development Act of 1974, Public Law 93-383; the
12 National Affordable Housing Act of 1990, Public Law 101-625;
13 and the Housing and Community Development Act of 1992, Public
14 Law 102-550 and may disburse those funds and other county
15 funds for community development and other housing program
16 activities.
17 The powers granted by this Section shall not be exercised
18 within the boundaries of any city, village or incorporated
19 town unless the approval of the corporate authorities of such
20 municipality is first obtained.
21 The powers granted by this Section are in addition to
22 powers otherwise possessed by a county and shall not be
23 construed as as a limitations of such other powers.
24 (Source: P.A. 88-28; revised 12-18-97.)
25 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
26 Sec. 5-12001. Authority to regulate and restrict
27 location and use of structures.
28 For the purpose of promoting the public health, safety,
29 morals, comfort and general welfare, conserving the values of
30 property throughout the county, lessening or avoiding
31 congestion in the public streets and highways, and lessening
32 or avoiding the hazards to persons and damage to property
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1 resulting from the accumulation or runoff of storm or flood
2 waters, the county board or board of county commissioners, as
3 the case may be, of each county, shall have the power to
4 regulate and restrict the location and use of buildings,
5 structures and land for trade, industry, residence and other
6 uses which may be specified by such board, to regulate and
7 restrict the intensity of such uses, to establish building or
8 setback lines on or along any street, trafficway, drive,
9 parkway or storm or floodwater runoff channel or basin
10 outside the limits of cities, villages and incorporated towns
11 which have in effect municipal zoning ordinances; to divide
12 the entire county outside the limits of such cities, villages
13 and incorporated towns into districts of such number, shape,
14 area and of such different classes, according to the use of
15 land and buildings, the intensity of such use (including
16 height of buildings and structures and surrounding open
17 space) and other classification as may be deemed best suited
18 to carry out the purposes of this Division; to prohibit uses,
19 buildings or structures incompatible with the character of
20 such districts respectively; and to prevent additions to and
21 alteration or remodeling of existing buildings or structures
22 in such a way as to avoid the restrictions and limitations
23 lawfully imposed hereunder: Provided, that permits with
24 respect to the erection, maintenance, repair, alteration,
25 remodeling or extension of buildings or structures used or to
26 be used for agricultural purposes shall be issued free of any
27 charge. The corporate authorities of the county may by
28 ordinance require the construction of fences around or
29 protective covers over previously constructed artificial
30 basins of water dug in the ground and used for swimming or
31 wading, which are located on private residential property and
32 intended for the use of the owner and guests. In all
33 ordinances or resolutions passed under the authority of this
34 Division, due allowance shall be made for existing
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1 conditions, the conservation of property values, the
2 directions of building development to the best advantage of
3 the entire county, and the uses to which property is devoted
4 at the time of the enactment of any such ordinance or
5 resolution.
6 The powers by this Division given shall not be exercised
7 so as to deprive the owner of any existing property of its
8 use or maintenance for the purpose to which it is then
9 lawfully devoted; nor shall they be exercised so as to impose
10 regulations or require permits with respect to land used for
11 agricultural purposes, which includes the growing of farm
12 crops, truck garden crops, animal and poultry husbandry,
13 apiculture, aquaculture, dairying, floriculture,
14 horticulture, nurseries, tree farms, sod farms, pasturage,
15 viticulture, and wholesale greenhouses when such
16 agricultural purposes constitute the principal activity on
17 the land, other than parcels of land consisting of less than
18 5 acres from which $1,000 or less of agricultural products
19 were sold in any calendar year in counties with a population
20 between 300,000 and 400,000 or in counties contiguous to a
21 county with a population between 300,000 and 400,000, and
22 other than parcels of land consisting of less than 5 acres in
23 counties with a population in excess of 400,000, or with
24 respect to the erection, maintenance, repair, alteration,
25 remodeling or extension of buildings or structures used or to
26 be used for agricultural purposes upon such land except that
27 such buildings or structures for agricultural purposes may be
28 required to conform to building or set back lines and
29 counties may establish a minimum lot size for residences on
30 land used for agricultural purposes; nor shall any such
31 powers be so exercised as to prohibit the temporary use of
32 land for the installation, maintenance and operation of
33 facilities used by contractors in the ordinary course of
34 construction activities, except that such facilities may be
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1 required to be located not less than 1,000 feet from any
2 building used for residential purposes, and except that the
3 period of such temporary use shall not exceed the duration of
4 the construction contract; nor shall any such powers include
5 the right to specify or regulate the type or location of any
6 poles, towers, wires, cables, conduits, vaults, laterals or
7 any other similar distributing equipment of a public utility
8 as defined in the Public utilities Act, if the public utility
9 is subject to the Messages Tax Act, the Gas Revenue Tax Act
10 or the Public Utilities Revenue Act, or if such facilities or
11 equipment are located on any rights of way and are used for
12 railroad purposes, nor shall any such powers be exercised in
13 any respect as to the facilities, as defined in Section
14 5-12001.1, of a telecommunications carrier, as also defined
15 therein, except to the extent and in the manner set forth in
16 Section 5-12001.1. As used in this Act, "agricultural
17 purposes" do not include the extraction of sand, gravel or
18 limestone, and such activities may be regulated by county
19 zoning ordinance even when such activities are related to an
20 agricultural purpose.
21 Nothing in this Division shall be construed to restrict
22 the powers granted by statute to cities, villages and
23 incorporated towns as to territory contiguous to but outside
24 of the limits of such cities, villages and incorporated
25 towns. Any zoning ordinance enacted by a city, village or
26 incorporated town shall supersede, with respect to territory
27 within the corporate limits of the municipality, any county
28 zoning plan otherwise applicable. The powers granted to
29 counties by this Division shall be treated as in addition to
30 powers conferred by statute to control or approve maps, plats
31 or subdivisions. In this Division, "agricultural purposes"
32 include, without limitation, the growing, developing,
33 processing, conditioning, or selling of hybrid seed corn,
34 seed beans, seed oats, or other farm seeds.
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1 Nothing in this Division shall be construed to prohibit
2 the corporate authorities of a county from adopting an
3 ordinance that exempts pleasure driveways or park districts,
4 as defined in the Park District Code, with a population of
5 greater than 100,000, from the exercise of the county's
6 powers under this Division.
7 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
8 90-522, eff. 1-1-98; revised 11-4-97.)
9 (55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
10 Sec. 5-30004. Authority to protect and preserve
11 landmarks and preservation districts. The county board of
12 each county shall have the following authority:
13 (1) to establish and appoint by ordinance a preservation
14 study committee and to take any reasonable temporary actions
15 to protect potential landmarks and preservation districts
16 during the term of an appointed preservation study committee;
17 (2) to establish and appoint by ordinance a preservation
18 commission upon recommendation of a preservation study
19 committee;
20 (3) to conduct an ongoing survey of the county to
21 identify buildings, structures, areas, sites and landscapes
22 that are of historic, archaeological, architectural, or
23 scenic significance, and therefore potential landmarks or
24 preservation districts;
25 (4) to designate by ordinance landmarks and preservation
26 districts upon the recommendation of a preservation
27 commission and to establish a system of markers, plaques or
28 certificates for designated landmarks and preservation
29 districts;
30 (5) to prepare maps showing the location of landmarks
31 and preservation districts, publish educational information,
32 and prepare educational programs concerning landmarks and
33 preservation districts and their designation and protection;
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1 (6) to exercise any of the powers and authority in
2 relation to regional planning and zoning granted counties by
3 Divisions 5-12 and 5-14, for the purpose of protecting,
4 preserving and continuing the use of landmarks and
5 preservation districts;
6 (7) to nominate landmarks and historic districts to any
7 state or federal registers of historic places;
8 (8) to appropriate and expend funds to carry out the
9 purposes of this Division;
10 (9) to review applications for construction, alteration,
11 removal or demolition affecting landmarks or property within
12 preservation districts;
13 (10) to acquire by negotiated purchase any interest
14 including conservation rights in landmarks or in property
15 within preservation districts, or property immediately
16 adjacent to or surrounding landmarks or preservation
17 districts;
18 (11) to apply for and accept any gift, grant or bequest
19 from any private or public source, including agencies of the
20 federal or State government, for any purpose authorized by
21 this Division;
22 (12) to establish a system for the transfer of
23 development rights including, as appropriate, a mechanism for
24 the deposit of development rights in a development rights
25 bank, and for the transfer of development rights from that
26 development rights bank in the same manner as authorized for
27 municipalities by Section 11-48.2-2 11-48.2 of the Illinois
28 Municipal Code. All receipts arising from the transfer shall
29 be deposited in a special county account to be applied
30 against expenditures necessitated by the county program for
31 the designation and protection of landmarks and preservation
32 districts. Any development rights acquired, sold or
33 transferred from a development rights bank, shall not be a
34 "security" as that term is defined in Section 2.1 of The
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1 Illinois Securities Law of 1953, and shall be exempt from all
2 requirements for the registration of securities.
3 (13) to establish a loan or grant program from any
4 source of funds for designated landmarks and preservation
5 districts and to issue interest bearing revenue bonds or
6 general obligation bonds pursuant to ordinance enacted by the
7 county board, after compliance with requirements for
8 referendum, payable from the revenues to be derived from the
9 operation of any landmark or of any property within a
10 preservation district;
11 (14) to abate real property taxes on any landmark or
12 property within a preservation district to encourage its
13 preservation and continued use or to provide relief for
14 owners unduly burdened by designation;
15 (15) to advise and assist owners of landmarks and
16 property within preservation districts on physical and
17 financial aspects of preservation, renovation, rehabilitation
18 and reuse;
19 (16) to advise cities, villages or incorporated towns,
20 upon request of the appropriate official of the municipality,
21 concerning enactment of ordinances to protect landmarks or
22 preservation districts;
23 (17) to exercise within the boundaries of any city,
24 village, or incorporated town any of the powers and authority
25 granted counties by this Division so long as the corporate
26 authorities by ordinance or by intergovernmental agreement
27 pursuant to the Intergovernmental Cooperation Act, or
28 pursuant to Article 7, Section 10 of the Constitution of the
29 State of Illinois have authorized the county preservation
30 commission established by authority of this Division to
31 designate landmarks or preservation districts within its
32 corporate boundaries, and such county preservation commission
33 shall have only those powers, duties and legal authority
34 provided in this Division;
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1 (18) to exercise any of the above powers to preserve and
2 protect property owned by any unit of local government
3 including counties, or to review alteration, construction,
4 demolition or removal undertaken by any unit of local
5 government including counties that affect landmarks and
6 preservation districts.
7 (19) to exercise any other power or authority necessary
8 or appropriate to carrying out the purposes of this Division,
9 including those powers and authorities listed in Sections
10 5-30010 and 5-30011.
11 (Source: P.A. 86-962; revised 12-18-97.)
12 (55 ILCS 5/5-30011) (from Ch. 34, par. 5-30011)
13 Sec. 5-30011. Authority of preservation commission.
14 Every preservation commission established by ordinance of the
15 county board pursuant to the report and recommendations of
16 the preservation study committee shall have the following
17 powers and authority:
18 (1) To conduct an ongoing survey of the county to
19 identify buildings, structures, areas, sites and landscapes
20 that are of historic, archaeological, architectural, or
21 scenic significance, and therefore potential landmarks or
22 preservation districts;
23 (2) To hold public hearings and recommend to the county
24 board the designation of landmarks or preservation districts
25 identified in the survey;
26 (3) To compile information concerning and prepare
27 descriptions of, the landmarks or preservation districts
28 identified and recommended for designation, and the
29 characteristics that meet the standards for designation;
30 (4) To prepare, keep current, and publish a map or maps
31 showing the locations and exact boundaries of both proposed
32 and designated landmarks and preservation districts, and, if
33 the preservation commission so chooses, the locations and
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1 boundaries of designated State or federal landmarks or
2 districts;
3 (5) To keep a register of all designated landmarks and
4 preservation districts;
5 (6) To establish an appropriate system of markers or
6 plaques for all designated landmarks and preservation
7 districts, and for streets, roads and highways leading from
8 one landmark or preservation district to another and to
9 confer recognition upon the owners of landmarks or property
10 within preservation districts by means of certificates,
11 plaques or markers;
12 (7) To nominate landmarks and historic districts to any
13 state or federal registers of historic places;
14 (8) To advise advice and assist owners of landmarks and
15 property within preservation districts on physical and
16 financial aspects of preservation, renovation, rehabilitation
17 and reuse, and on procedures for inclusion on any state or
18 federal register of historic places;
19 (9) To inform and educate the citizens of the county
20 concerning the historic, archaeological, architectural, or
21 scenic heritage of the county by publishing appropriate maps,
22 newsletters, brochures and pamphlets, and by holding programs
23 and seminars;
24 (10) To hold public hearings and to review applications
25 for construction, alteration, removal or demolition affecting
26 landmarks or property within preservation districts and issue
27 or deny certificates of appropriateness for such actions;
28 (11) To consider applications for certificates of
29 economic hardship that would allow the performance of work
30 for which a certificate of appropriateness may be, or has
31 been denied;
32 (12) To develop specific criteria and guidelines for the
33 proper alteration, construction, demolition or removal of
34 landmarks, or of property within preservation districts;
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1 (13) To review proposed amendments to zoning
2 regulations, applications for special uses or applications
3 for zoning variations that affect any landmark or
4 preservation district. Proposed zoning amendments,
5 applications for special use or zoning variations that affect
6 any landmark or preservation district as defined in the
7 ordinance establishing the preservation commission shall be
8 transmitted to the preservation commission for review and
9 comment prior to the date of the hearing by the county
10 regional plan commission or zoning board of appeals;
11 (14) To administer on behalf of the county board any
12 property, or full or partial interest in real property,
13 including a conservation right, which the county may have or
14 accept as a gift or otherwise, upon designation by the county
15 board;
16 (15) To accept and administer on behalf of the county
17 board such gifts, grants and money or other personal property
18 as may be appropriate for the purposes of this Division. Such
19 money may be expended for publishing maps and brochures, or
20 for hiring staff persons or consultants or performing
21 otherwise appropriate functions for the purpose of carrying
22 out the duties and powers of the preservation commission and
23 the purposes of this Division;
24 (16) To administer any system established by the county
25 board for the transfer of development rights;
26 (17) To call upon available county agencies and staff
27 members as well as other experts for technical advice;
28 (18) To retain such specialists or consultants, or to
29 appoint such citizen, neighborhood or area advisory
30 committees, as may be required from time to time;
31 (19) To testify before all boards and commissions
32 including any county regional plan commission, and the zoning
33 board of appeal on any matter affecting potential or
34 designated landmarks or preservation districts;
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1 (20) To periodically review any county comprehensive
2 plan and to develop a preservation component in any
3 comprehensive plan of the county and to recommend it to the
4 county regional plan commission and the county board;
5 (21) To periodically consult with the county zoning
6 administrator and review any county zoning ordinance and
7 building code and to recommend to the county regional plan
8 commission and the county board any amendments appropriate
9 for the protection and continued use of landmarks or property
10 within preservation districts;
11 (22) To adopt rules and procedures for operation of the
12 preservation commission and the conduct of hearings and
13 meetings;
14 (23) To undertake any other action or activity necessary
15 or appropriate to the implementation of its powers and
16 duties, or to implementation of the purposes of this
17 Division.
18 (Source: P.A. 86-962; revised 12-18-97.)
19 (55 ILCS 5/6-5002) (from Ch. 34, par. 6-5002)
20 Sec. 6-5002. Resolution authorizing bonds. The resolution
21 authorizing the issuance of such bonds shall specify the
22 total amount of bonds to be issued, the form and denomination
23 of the bonds, the date they are to bear, the place where they
24 are payable, the date or dates of maturity, which shall not
25 be more than 20 years after the date the bonds bear, the rate
26 of interest which shall not exceed the maximum rate
27 authorized by the Bond Authorization Act, as amended at the
28 time of the making of the contract, and the dates on which
29 interest is payable.
30 Such resolution shall prescribe all the details of the
31 bonds and shall provide for the levy and collection of a
32 direct annual tax upon all taxable property within the county
33 sufficient to pay the principal thereof at maturity and to
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1 pay the interest thereon as it falls due, which tax shall not
2 be subject to any statutory limitations relative to taxes
3 which may be extended for county purposes.
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 these Sections 6-5001 through 6-5005 or "An Act
12 to authorize the issuance of bonds by a county having more
13 than 500,000 inhabitants for the purchase of voting machines,
14 and to provide for the payment therefor", approved July 20,
15 1949, that may appear to be or to have been more restrictive
16 than those Acts, (ii) that the provisions of this Section or
17 its predecessor are not a limitation on the supplementary
18 authority granted by the Omnibus Bond Acts, and (iii) that
19 instruments issued under this Section or its predecessor
20 within the supplementary authority granted by the Omnibus
21 Bond Acts are not invalid because of any provision of these
22 Sections 6-5001 through 6-5005 or "An Act to authorize the
23 issuance of bonds by a county having more than 500,000
24 inhabitants ihabitants for the purchase of voting machines,
25 and to provide for the payment therefor", approved July 20,
26 1949, that may appear to be or to have been more restrictive
27 than those Acts.
28 (Source: P.A. 86-962; 86-1028; revised 7-21-97.)
29 (55 ILCS 5/6-12003) (from Ch. 34, par. 6-12003)
30 Sec. 6-12003. Issuance of bonds; maturity. All bonds
31 issued under the provisions of this Division shall be signed
32 in the name of the county by the chairman of the county board
33 and shall be countersigned by the county clerk and shall have
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1 the seal of the county attached thereto. Such bonds shall
2 mature at such time or times as is fixed by said county board
3 provided that all of such bonds shall mature within 20 years
4 from their date and bear interest at not to exceed the
5 maximum rate authorized by the Bond Authorization Act, as
6 amended at the time of the making of the contract, payable
7 annually or semi-annually, and may be sold as the county
8 board may direct at not less than par and accrued interest,
9 and the proceeds derived from the sale thereof shall be used
10 solely and only for the payment of such claims, or the bonds
11 may be exchanged par for par for such claims, such bonds may
12 be delivered from time to time or all at one time.
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 Division or "An Act to authorize any county
21 having a population of less than 5,000 to issue funding bonds
22 and to provide for the validation validaton of claims to be
23 paid by or from the proceeds of such bonds, and to provide
24 for a tax to pay the principal and interest of said bonds",
25 approved August 15, 1961, that may appear to be or to have
26 been more restrictive than those Acts, (ii) that the
27 provisions of this Section or its predecessor are not a
28 limitation on the supplementary authority granted by the
29 Omnibus Bond Acts, and (iii) that instruments issued under
30 this Section or its predecessor within the supplementary
31 authority granted by the Omnibus Bond Acts are not invalid
32 because of any provision of this Division or "An Act to
33 authorize any county having a population of less than 5,000
34 to issue funding bonds and to provide for the validation of
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1 claims to be paid by or from the proceeds of such bonds, and
2 to provide for a tax to pay the principal and interest of
3 said bonds", approved August 15, 1961, that may appear to be
4 or to have been more restrictive than those Acts.
5 (Source: P.A. 86-962; 86-1028; revised 7-21-97.)
6 Section 53. The County Economic Development Project Area
7 Property Tax Allocation Act is amended by changing Sections 3
8 and 8 as follows:
9 (55 ILCS 85/3) (from Ch. 34, par. 7003)
10 Sec. 3. Definitions. In this Act, words or terms shall
11 have the following meanings unless the context usage clearly
12 indicates that another meaning is intended.
13 (a) "Department" means the Department of Commerce and
14 Community Affairs.
15 (b) "Economic development plan" means the written plan
16 of a county which sets forth an economic development program
17 for an economic development project area. Each economic
18 development plan shall include but not be limited to (1)
19 estimated economic development project costs, (2) the sources
20 of funds to pay such costs, (3) the nature and term of any
21 obligations to be issued by the county to pay such costs, (4)
22 the most recent equalized assessed valuation of the economic
23 development project area, (5) an estimate of the equalized
24 assessed valuation of the economic development project area
25 after completion of the economic development plan, (6) the
26 estimated date of completion of any economic development
27 project proposed to be undertaken, (7) a general description
28 of any proposed developer, user, or tenant of any property to
29 be located or improved within the economic development
30 project area, (8) a description of the type, structure and
31 general character of the facilities to be developed or
32 improved in the economic development project area, (9) a
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1 description of the general land uses to apply in the economic
2 development project area, (10) a description of the type,
3 class and number of employees to be employed in the operation
4 of the facilities to be developed or improved in the economic
5 development project area and (11) a commitment by the county
6 to fair employment practices and an affirmative action plan
7 with respect to any economic development program to be
8 undertaken by the county.
9 (c) "Economic development project" means any development
10 project in furtherance of the objectives of this Act.
11 (d) "Economic development project area" means any
12 improved or vacant area which is located within the corporate
13 limits of a county and which (1) is within the unincorporated
14 area of such county, or, with the consent of any affected
15 municipality, is located partially within the unincorporated
16 area of such county and partially within one or more
17 municipalities, (2) is contiguous, (3) is not less in the
18 aggregate than 100 acres, (4) is suitable for siting by any
19 commercial, manufacturing, industrial, research or
20 transportation enterprise of facilities to include but not be
21 limited to commercial businesses, offices, factories, mills,
22 processing plants, assembly plants, packing plants,
23 fabricating plants, industrial or commercial distribution
24 centers, warehouses, repair overhaul or service facilities,
25 freight terminals, research facilities, test facilities or
26 transportation facilities, whether or not such area has been
27 used at any time for such facilities and whether or not the
28 area has been used or is suitable for such facilities and
29 whether or not the area has been used or is suitable for
30 other uses, including commercial agricultural purposes, and
31 (5) which has been certified by the Department pursuant to
32 this Act.
33 (e) "Economic development project costs" means and
34 includes the sum total of all reasonable or necessary costs
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1 incurred by a county incidental to an economic development
2 project, including, without limitation, the following:
3 (1) Costs of studies, surveys, development of plans
4 and specifications, implementation and administration of
5 an economic development plan, personnel and professional
6 service costs for architectural, engineering, legal,
7 marketing, financial, planning, sheriff, fire, public
8 works or other services, provided that no charges for
9 professional services may be based on a percentage of
10 incremental tax revenue;
11 (2) Property assembly costs within an economic
12 development project area, including but not limited to
13 acquisition of land and other real or personal property
14 or rights or interests therein, and specifically
15 including payments to developers or other
16 non-governmental persons as reimbursement for property
17 assembly costs incurred by such developer or other
18 non-governmental person;
19 (3) Site preparation costs, including but not
20 limited to clearance of any area within an economic
21 development project area by demolition or removal of any
22 existing buildings, structures, fixtures, utilities and
23 improvements and clearing and grading; and including
24 installation, repair, construction, reconstruction, or
25 relocation of public streets, public utilities, and other
26 public site improvements within or without an economic
27 development project area which are essential to the
28 preparation of the economic development project area for
29 use in accordance with an economic development plan; and
30 specifically including payments to developers or other
31 non-governmental persons as reimbursement for site
32 preparation costs incurred by such developer or
33 non-governmental person;
34 (4) Costs of renovation, rehabilitation,
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1 reconstruction, relocation, repair or remodeling of any
2 existing buildings, improvements, and fixtures within an
3 economic development project area, and specifically
4 including payments to developers or other
5 non-governmental persons as reimbursement for such costs
6 incurred by such developer or non-governmental person;
7 (5) Costs of construction within an economic
8 development project area of public improvements,
9 including but not limited to, buildings, structures,
10 works, improvements, utilities or fixtures;
11 (6) Financing costs, including but not limited to
12 all necessary and incidental expenses related to the
13 issuance of obligations, payment of any interest on any
14 obligations issued hereunder which accrues during the
15 estimated period of construction of any economic
16 development project for which such obligations are issued
17 and for not exceeding 36 months thereafter, and any
18 reasonable reserves related to the issuance of such
19 obligations;
20 (7) All or a portion of a taxing district's capital
21 costs resulting from an economic development project
22 necessarily incurred or estimated to be incurred by a
23 taxing district in the furtherance of the objectives of
24 an economic development project, to the extent that the
25 county by written agreement accepts, approves and agrees
26 to incur or to reimburse such costs;
27 (8) Relocation costs to the extent that a county
28 determines that relocation costs shall be paid or is
29 required to make payment of relocation costs by federal
30 or State law;
31 (9) The estimated tax revenues from real property
32 in an economic development project area acquired by a
33 county which, according to the economic development plan,
34 is to be used for a private use and which any taxing
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1 district would have received had the county not adopted
2 property tax allocation financing for an economic
3 development project area and which would result from such
4 taxing district's levies made after the time of the
5 adoption by the county of property tax allocation
6 financing to the time the current equalized assessed
7 value of real property in the economic development
8 project area exceeds the total initial equalized value of
9 real property in that area;
10 (10) Costs of rebating ad valorem taxes paid by any
11 developer or other nongovernmental person in whose name
12 the general taxes were paid for the last preceding year
13 on any lot, block, tract or parcel of land in the
14 economic development project area, provided that:
15 (i) such economic development project area is
16 located in an enterprise zone created pursuant to
17 the Illinois Enterprise Zone Act;
18 (ii) such ad valorem taxes shall be rebated
19 only in such amounts and for such tax year or years
20 as the county and any one or more affected taxing
21 districts shall have agreed by prior written
22 agreement;
23 (iii) any amount of rebate of taxes shall not
24 exceed the portion, if any, of taxes levied by the
25 county or such taxing district or districts which is
26 attributable to the increase in the current
27 equalized assessed valuation of each taxable lot,
28 block, tract or parcel of real property in the
29 economic development project area over and above the
30 initial equalized assessed value of each property
31 existing at the time property tax allocation
32 financing was adopted for said economic development
33 project area; and
34 (iv) costs of rebating ad valorem taxes shall
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1 be paid by a county solely from the special tax
2 allocation fund established pursuant to this Act and
3 shall be paid from the proceeds of any obligations
4 issued by a county.
5 (11) Costs of job training, advanced vocational
6 education or career education programs, including but not
7 limited to courses in occupational, semi-technical or
8 technical fields leading directly to employment, incurred
9 by one or more taxing districts, provided that such costs
10 are related to the establishment and maintenance of
11 additional job training, advanced vocational education or
12 career education programs for persons employed or to be
13 employed by employers located in an economic development
14 project area, and further provided, that when such costs
15 are incurred by a taxing district or taxing districts
16 other than the county, they shall be set forth in a
17 written agreement by or among the county and the taxing
18 district or taxing districts, which agreement describes
19 the program to be undertaken, including, but not limited
20 to, the number of employees to be trained, a description
21 of the training and services to be provided, the number
22 and type of positions available or to be available,
23 itemized costs of the program and sources of funds to pay
24 the same, and the term of the agreement. Such costs
25 include, specifically, the payment by community college
26 districts of costs pursuant to Section 3-37, 3-38, 3-40
27 and 3-40.1 of the Public Community College Act and by
28 school districts of costs pursuant to Sections 10-22.20
29 and 10-23.3a 10-23.2a of the School Code;
30 (12) Private financing costs incurred by developers
31 or other non-governmental persons in connection with an
32 economic development project, and specifically including
33 payments to developers or other non-governmental persons
34 as reimbursement for such costs incurred by such
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1 developer or other non-governmental persons provided
2 that:
3 (A) private financing costs shall be paid or
4 reimbursed by a county only pursuant to the prior
5 official action of the county evidencing an intent
6 to pay such private financing costs;
7 (B) except as provided in subparagraph (D) of
8 this Section, the aggregate amount of such costs
9 paid or reimbursed by a county in any one year shall
10 not exceed 30% of such costs paid or incurred by
11 such developer or other non-governmental person in
12 that year;
13 (C) private financing costs shall be paid or
14 reimbursed by a county solely from the special tax
15 allocation fund established pursuant to this Act and
16 shall not be paid or reimbursed from the proceeds of
17 any obligations issued by a county;
18 (D) if there are not sufficient funds
19 available in the special tax allocation fund in any
20 year to make such payment or reimbursement in full,
21 any amount of such private financing costs remaining
22 to be paid or reimbursed by a county shall accrue
23 and be payable when funds are available in the
24 special tax allocation fund to make such payment;
25 and
26 (E) in connection with its approval and
27 certification of an economic development project
28 pursuant to Section 5 of this Act, the Department
29 shall review any agreement authorizing the payment
30 or reimbursement by a county of private financing
31 costs in its consideration of the impact on the
32 revenues of the county and the affected taxing
33 districts of the use of property tax allocation
34 financing.
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1 (f) "Obligations" means any instrument evidencing the
2 obligation of a county to pay money, including without
3 limitation, bonds, notes, installment or financing contracts,
4 certificates, tax anticipation warrants or notes, vouchers,
5 and any other evidence of indebtedness.
6 (g) "Taxing districts" means municipalities, townships,
7 counties, and school, road, park, sanitary, mosquito
8 abatement, forest preserve, public health, fire protection,
9 river conservancy, tuberculosis sanitarium and any other
10 county corporations or districts with the power to levy taxes
11 on real property.
12 (Source: P.A. 86-1388; revised 12-18-97.)
13 (55 ILCS 85/8) (from Ch. 34, par. 7008)
14 Sec. 8. Issuance of obligations for economic development
15 project costs. Obligations secured by the special tax
16 allocation fund provided for in Section 7 for an economic
17 development project area may be issued to provide for
18 economic development project costs. Those obligations, when
19 so issued, shall be retired in the manner provided in the
20 ordinance authorizing the issuance of the obligations by the
21 receipts of taxes levied as specified in Section 6 against
22 the taxable property included in the economic development
23 project area and by other revenues designated or pledged by
24 the county. A county may in the ordinance pledge all or any
25 part of the funds in and to be deposited in the special tax
26 allocation fund created pursuant to Section 7 to the payment
27 of the economic development project costs and obligations.
28 Whenever a county pledges all of the funds to the credit of a
29 special tax allocation fund to secure obligations issued or
30 to be issued to pay economic development project costs, the
31 county may specifically provide that funds remaining to the
32 credit of such special tax allocation fund after the payment
33 of such obligations shall be accounted for annually and shall
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1 be deemed to be "surplus" funds, and such "surplus" funds
2 shall be distributed as hereinafter provided. Whenever a
3 county pledges less than all of the monies to the credit of a
4 special tax allocation fund to secure obligations issued or
5 to be issued to pay economic development project costs, the
6 county shall provide that monies to the credit of a special
7 tax allocation fund and not subject to such pledge or
8 otherwise encumbered or required for payment of contractual
9 obligations for specified economic development project costs
10 shall be calculated annually and shall be deemed to be
11 "surplus" funds, and such "surplus" funds shall be
12 distributed as hereinafter provided. All funds to the credit
13 of a special tax allocation fund which are deemed to be
14 "surplus" funds shall be distributed annually within 180 days
15 after the close of the county's fiscal year by being paid by
16 the county treasurer to the county collector. The county
17 collector shall thereafter make distribution to the
18 respective taxing districts in the same manner and proportion
19 as the most recent distribution by the county collector to
20 those taxing districts of real property taxes from real
21 property in the economic development project area.
22 Without limiting the foregoing in this Section the county
23 may, in addition to obligations secured by the special tax
24 allocation fund, pledge for a period not greater than the
25 term of the obligations towards payment of those obligations
26 any part or any combination of the following: (i) net
27 revenues of all or part of any economic development project;
28 (ii) taxes levied and collected on any or all property in the
29 county, including, specifically, taxes levied or imposed by
30 the county in a special service area pursuant to "An Act to
31 provide the manner of levying or imposing taxes for the
32 provision of special services to areas within the boundaries
33 of home rule units and non-home rule municipalities and
34 counties", approved September 21, 1973; (iii) the full faith
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1 and credit of the county; (iv) a mortgage on part or all of
2 the economic development project; or (v) any other taxes or
3 anticipated receipts that the county may lawfully pledge.
4 Such obligations may be issued in one or more series
5 bearing interest at such rate or rates as the corporate
6 authorities of the county shall determine by ordinance, which
7 rate or rates may be variable or fixed, without regard to any
8 limitations contained in any law now in effect or hereafter
9 adopted. Such obligations shall bear such date or dates,
10 mature at such time or times not exceeding 20 years from
11 their respective dates, but in no event exceeding 23 years
12 from the date of establishment of the economic development
13 project area, be in such denomination, be in such form,
14 whether coupon, registered or book-entry, carry such
15 registration, conversion and exchange privileges, be executed
16 in such manner, be payable in such medium of payment at such
17 place or places within or without the State of Illinois,
18 contain such covenants, terms and conditions, be subject to
19 redemption with or without premium, be subject to defeasance
20 upon such terms, and have such rank or priority, as such
21 ordinance shall provide. Obligations issued pursuant to this
22 Act may be sold at public or private sale at such price as
23 shall be determined by the corporate authorities of the
24 counties. Such obligations may, but need not, be issued
25 utilizing the provisions of any one or more of the omnibus
26 bond Acts specified in Section 1.33 of "An Act to revise the
27 law in relation to the construction of the statutes",
28 approved March 5, 1874, as such term is defined in the
29 Statute on Statutes. No referendum approval of the electors
30 shall be required as a condition to the issuance of
31 obligations pursuant to this Act except as provided in this
32 Section.
33 In the event the county (i) authorizes the issuance of
34 obligations pursuant to the authority of this Act and secured
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1 by the full faith and credit of the county or (ii) pledges
2 taxes levied and collected on any or all property in the
3 county, which obligations or taxes are not obligations or
4 taxes authorized under home rule powers pursuant to Section 6
5 of Article VII of the Illinois Constitution of 1970, or are
6 not obligations or taxes authorized under "An Act to provide
7 the manner of levying or imposing taxes for the provision of
8 special services to areas within the boundaries of home rule
9 units and non-home rule municipalities and counties",
10 approved September 21, 1973, the ordinance authorizing the
11 issuance of those obligations or pledging those taxes shall
12 be published within 10 days after the ordinance has been
13 adopted, in one or more newspapers having a general
14 circulation within the county. The publication of the
15 ordinance shall be accompanied by a notice of (1) the
16 specific number of voters required to sign a petition
17 requesting the questions of the issuance of the obligations
18 or pledging ad valorem taxes to be submitted to the electors;
19 (2) the time within which the petition must be filed; and (3)
20 the date of the prospective referendum. The county clerk
21 shall provide a petition form to any individual requesting
22 one.
23 If no petition is filed with the county clerk, as
24 hereinafter provided in this Section, within 21 days after
25 the publication of the ordinance, the ordinance shall be in
26 effect. However, if within that 21 day period a petition is
27 filed with the county clerk, signed by electors numbering not
28 less than 5% of the number of legal voters who voted at the
29 last general election in such county, asking that the
30 question of issuing obligations using the full faith and
31 credit of the county as security for the cost of paying for
32 economic development project costs, or of pledging ad valorem
33 taxes for the payment of those obligations, or both, be
34 submitted to the electors of the county, the county shall not
-371- LRB9000999EGfgam01
1 be authorized to issue obligations of the county using the
2 full faith and credit of the county as security or pledging
3 ad valorem taxes for the payment of those obligations, or
4 both, until the proposition has been submitted to and
5 approved by a majority of the voters voting on the
6 proposition at a regularly scheduled election. The county
7 shall certify the proposition to the proper election
8 authorities for submission in accordance with the general
9 election law.
10 The ordinance authorizing the obligations may provide
11 that the obligations shall contain a recital that they are
12 issued pursuant to this Act, which recital shall be
13 conclusive evidence of their validity and of the regularity
14 of their issuance.
15 In the event the county authorizes issuance of
16 obligations pursuant to this Act secured by the full faith
17 and credit of the county, the ordinance authorizing the
18 obligations may provide for the levy and collection of a
19 direct annual tax upon all taxable property within the county
20 sufficient to pay the principal thereof and interest thereon
21 as it matures, which levy may be in addition to and exclusive
22 of the maximum of all other taxes authorized to be levied by
23 the county, which levy, however, shall be abated to the
24 extent that monies from other sources are available for
25 payment of the obligations and the county certifies the
26 amount of those monies available to the county clerk.
27 A certified copy of the ordinance shall be filed with the
28 county clerk and shall constitute the authority for the
29 extension and collection of the taxes to be deposited in the
30 special tax allocation fund.
31 A county may also issue its obligations to refund, in
32 whole or in part, obligations theretofore issued by the
33 county under the authority of this Act, whether at or prior
34 to maturity. However, the last maturity of the refunding
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1 obligations shall not be expressed to mature later than 23
2 years from the date of the ordinance establishing the
3 economic development project area.
4 In the event a county issues obligations under home rule
5 powers and other legislative authority, including
6 specifically, "An Act to provide the manner of levying or
7 imposing taxes for the provisions of special services to
8 areas within the boundaries of home rule units and non-home
9 rule municipalities and counties", approved September 21,
10 1973, the proceeds of which are pledged to pay for economic
11 development project costs, the county may, if it has followed
12 the procedures in conformance with this Act, retire those
13 obligations from funds in the special tax allocation fund in
14 amount and in such manner as if those obligations had been
15 issued pursuant to the provisions of this Act.
16 No obligations issued pursuant to this Act shall be
17 regarded as indebtedness of the county issuing those
18 obligations for the purpose of any limitation imposed by law.
19 Obligations issued pursuant to this Act shall not be
20 subject to the provisions of the Bond Authorization Act "An
21 Act to authorize public corporations to issue bonds, other
22 evidences of indebtedness and tax anticipation warrants
23 subject to interest rate limitations set forth therein",
24 approved May 26, 1979.
25 (Source: P.A. 86-1388; revised 12-18-97.)
26 Section 55. The Township Code is amended by changing
27 Sections 70-15 and 145-20 as follows:
28 (60 ILCS 1/70-15)
29 Sec. 70-15. Chief executive officer; fiscal duties;
30 penalty for neglect.
31 (a) The supervisor is the chief executive officer of the
32 township.
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1 (b) The supervisor shall receive and pay out all moneys
2 raised in the township for defraying township charges, except
3 those raised for the support of highways and bridges, and for
4 township library purposes.
5 (c) The supervisor shall, within 30 days before the
6 annual township meeting, prepare and file with the township
7 clerk a full statement of the financial affairs of the
8 township, showing (i) the balance (if any) received by the
9 supervisor from his or her predecessor in office or from any
10 other source; (ii) the amount of tax levied the preceding
11 year for the payment of township indebtedness and charges;
12 (iii) the amount collected and paid over to the supervisor as
13 supervisor; (iv) the amount paid out by the supervisor and on
14 what account, including any amount paid out on township
15 indebtedness, specifying the nature and amount of the
16 township indebtedness, the amount paid on the indebtedness,
17 the amount paid on principal, and the amount paid on interest
18 account; and (v) the amount and kind of all outstanding
19 indebtedness due and unpaid, the amount and kind of
20 indebtedness not yet due, and when the indebtedness not yet
21 due will mature. The township clerk shall record the
22 statement in the record book of the township as soon as it is
23 filed and shall post a copy of the statement at the place of
24 holding the annual township meeting 2 days before the meeting
25 is held. The clerk shall also read aloud the statement to the
26 electors at the annual township meeting.
27 (d) Any supervisor or township clerk who wilfully
28 neglects to comply with this Section shall forfeit and pay to
29 the township the sum of not less than $50 nor more than $200.
30 The amount forfeited shall be sued for and recovered by the
31 township in its corporate name and shall be appropriated to
32 repairs of highways and bridges in the township.
33 (Source: P.A. 87-847; 88-62; revised 12-18-97.)
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1 (60 ILCS 1/145-20)
2 Sec. 145-20. "Building" or "purchasing" a township hall,
3 as used in this Article, means the purchasing of real estate
4 upon which to build the township hall or upon which the the
5 township hall is situated, as well as to build or purchase
6 the township hall.
7 (Source: P.A. 88-62; revised 7-17-97.)
8 Section 56. The Illinois Municipal Code is amended by
9 changing Sections 8-4-15, 8-11-2, 9-2-78, 10-2.1-6,
10 10-2.1-14, 11-6-2, 11-19.2-1, 11-74-2, 11-74.6-10, and
11 11-119.1-12 as follows:
12 (65 ILCS 5/8-4-15) (from Ch. 24, par. 8-4-15)
13 Sec. 8-4-15. The ordinance authorizing such refunding
14 revenue bonds shall prescribe all the details thereof and the
15 bonds shall be in such form and denomination, payable at such
16 places, bear such date and be executed by such officials as
17 may be provided in the bond ordinance. The ordinance also
18 shall determine the period of usefulness of the utility. The
19 refunding revenue bonds shall mature within the determined
20 period of usefulness of the utility and shall mature, in any
21 event, within not to exceed 40 years from their date, and may
22 be made callable on any interest payment date at a price of
23 par and accrued interest, after notice shall be given by
24 publication or otherwise at any time or times and in the
25 manner as may be provided for in the bond ordinance.
26 The ordinance may contain such covenants and restrictions
27 upon the issuance of additional refunding revenue bonds, or
28 revenue bonds for the improvement and extension of such
29 utility or facility as may be deemed necessary or advisable
30 for the assurance of the payment of the refunding revenue
31 bonds thereby authorized. Such bonds shall be payable solely
32 from the revenues derived from such municipally-owned utility
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1 or facility and such bonds shall not, in any event,
2 constitute an indebtedness of the municipality within the
3 meaning of any constitutional or statutory limitation, and it
4 shall be plainly stated on the face of each bond that it does
5 not constitute an indebtedness of the municipality within the
6 meaning of any constitutional or statutory limitation, and it
7 shall be plainly stated on the face of each bond that it does
8 not constitute an indebtedness of the municipality within any
9 constitutional or statutory provision or limitation.
10 The validity of any refunding revenue bonds shall remain
11 unimpaired, although one or more of the officials executing
12 the same shall cease to be such officer or officers before
13 delivery thereof, and such bonds shall have all the qualities
14 of negotiable instruments under the Law Merchant and Article
15 3 of the Uniform Commercial Code.
16 (Source: P.A. 76-826; revised 12-18-97.)
17 (65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
18 (Text of Section before amendment by P.A. 90-561)
19 Sec. 8-11-2. The corporate authorities of any
20 municipality may tax any or all of the following occupations
21 or privileges:
22 1. Persons engaged in the business of transmitting
23 messages by means of electricity or radio magnetic waves,
24 or fiber optics, at a rate not to exceed 5% of the gross
25 receipts from that business originating within the
26 corporate limits of the municipality.
27 2. Persons engaged in the business of distributing,
28 supplying, furnishing, or selling gas for use or
29 consumption within the corporate limits of a municipality
30 of 500,000 or fewer population, and not for resale, at a
31 rate not to exceed 5% of the gross receipts therefrom.
32 2a. Persons engaged in the business of
33 distributing, supplying, furnishing, or selling gas for
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1 use or consumption within the corporate limits of a
2 municipality of over 500,000 population, and not for
3 resale, at a rate not to exceed 8% of the gross receipts
4 therefrom. If imposed, this tax shall be paid in monthly
5 payments.
6 3. Persons engaged in the business of distributing,
7 supplying, furnishing, or selling electricity for use or
8 consumption within the corporate limits of the
9 municipality, and not for resale, at a rate not to exceed
10 5% of the gross receipts therefrom.
11 4. Persons engaged in the business of distributing,
12 supplying, furnishing, or selling water for use or
13 consumption within the corporate limits of the
14 municipality, and not for resale, at a rate not to exceed
15 5% of the gross receipts therefrom.
16 None of the taxes authorized by this Section may be
17 imposed with respect to any transaction in interstate
18 commerce or otherwise to the extent to which the business may
19 not, under the constitution and statutes of the United
20 States, be made the subject of taxation by this State or any
21 political sub-division thereof; nor shall any persons engaged
22 in the business of distributing, supplying, furnishing, or
23 selling gas, water, or electricity, or engaged in the
24 business of transmitting messages be subject to taxation
25 under the provisions of this Section for those transactions
26 that are or may become subject to taxation under the
27 provisions of the "Municipal Retailers' Occupation Tax Act"
28 authorized by Section 8-11-1; nor shall any tax authorized by
29 this Section be imposed upon any person engaged in a business
30 unless the tax is imposed in like manner and at the same rate
31 upon all persons engaged in businesses of the same class in
32 the municipality, whether privately or municipally owned or
33 operated.
34 Any of the taxes enumerated in this Section may be in
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1 addition to the payment of money, or value of products or
2 services furnished to the municipality by the taxpayer as
3 compensation for the use of its streets, alleys, or other
4 public places, or installation and maintenance therein,
5 thereon or thereunder of poles, wires, pipes or other
6 equipment used in the operation of the taxpayer's business.
7 (a) If the corporate authorities of any home rule
8 municipality have adopted an ordinance that imposed a tax on
9 public utility customers, between July 1, 1971, and October
10 1, 1981, on the good faith belief that they were exercising
11 authority pursuant to Section 6 of Article VII of the 1970
12 Illinois Constitution, that action of the corporate
13 authorities shall be declared legal and valid,
14 notwithstanding a later decision of a judicial tribunal
15 declaring the ordinance invalid. No municipality shall be
16 required to rebate, refund, or issue credits for any taxes
17 described in this paragraph, and those taxes shall be deemed
18 to have been levied and collected in accordance with the
19 Constitution and laws of this State.
20 (b) In any case in which (i) prior to October 19, 1979,
21 the corporate authorities of any municipality have adopted an
22 ordinance imposing a tax authorized by this Section (or by
23 the predecessor provision of the "Revised Cities and Villages
24 Act") and have explicitly or in practice interpreted gross
25 receipts to include either charges added to customers' bills
26 pursuant to the provision of paragraph (a) of Section 36 of
27 the Public Utilities Act or charges added to customers' bills
28 by taxpayers who are not subject to rate regulation by the
29 Illinois Commerce Commission for the purpose of recovering
30 any of the tax liabilities or other amounts specified in such
31 paragraph (a) of Section 36 of that Act, and (ii) on or after
32 October 19, 1979, a judicial tribunal has construed gross
33 receipts to exclude all or part of those charges, then
34 neither those municipality nor any taxpayer who paid the tax
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1 shall be required to rebate, refund, or issue credits for any
2 tax imposed or charge collected from customers pursuant to
3 the municipality's interpretation prior to October 19, 1979.
4 This paragraph reflects a legislative finding that it would
5 be contrary to the public interest to require a municipality
6 or its taxpayers to refund taxes or charges attributable to
7 the municipality's more inclusive interpretation of gross
8 receipts prior to October 19, 1979, and is not intended to
9 prescribe or limit judicial construction of this Section. The
10 legislative finding set forth in this subsection does not
11 apply to taxes imposed after the effective date of this
12 amendatory Act of 1995.
13 (c) (Blank).
14 (d) For the purpose of the taxes enumerated in this
15 Section:
16 "Gross receipts" means the consideration received for the
17 transmission of messages, the consideration received for
18 distributing, supplying, furnishing or selling gas for use or
19 consumption and not for resale, and the consideration
20 received for distributing, supplying, furnishing or selling
21 electricity for use or consumption and not for resale, and
22 the consideration received for distributing, supplying,
23 furnishing or selling water for use or consumption and not
24 for resale, and for all services rendered in connection
25 therewith valued in money, whether received in money or
26 otherwise, including cash, credit, services and property of
27 every kind and material and for all services rendered
28 therewith, and shall be determined without any deduction on
29 account of the cost of transmitting such messages, without
30 any deduction on account of the cost of the service, product
31 or commodity supplied, the cost of materials used, labor or
32 service cost, or any other expenses whatsoever. "Gross
33 receipts" shall not include that portion of the consideration
34 received for distributing, supplying, furnishing, or selling
-379- LRB9000999EGfgam01
1 gas, electricity, or water to, or for the transmission of
2 messages for, business enterprises described in paragraph (e)
3 of this Section to the extent and during the period in which
4 the exemption authorized by paragraph (e) is in effect or for
5 school districts or units of local government described in
6 paragraph (f) during the period in which the exemption
7 authorized in paragraph (f) is in effect. "Gross receipts"
8 shall not include amounts paid by telecommunications
9 retailers under the Telecommunications Municipal
10 Infrastructure Maintenance Fee Act.
11 For utility bills issued on or after May 1, 1996, but
12 before May 1, 1997, and for receipts from those utility
13 bills, "gross receipts" does not include one-third of (i)
14 amounts added to customers' bills under Section 9-222 of the
15 Public Utilities Act, or (ii) amounts added to customers'
16 bills by taxpayers who are not subject to rate regulation by
17 the Illinois Commerce Commission for the purpose of
18 recovering any of the tax liabilities described in Section
19 9-222 of the Public Utilities Act. For utility bills issued
20 on or after May 1, 1997, but before May 1, 1998, and for
21 receipts from those utility bills, "gross receipts" does not
22 include two-thirds of (i) amounts added to customers' bills
23 under Section 9-222 of the Public Utilities Act, or (ii)
24 amount added to customers' bills by taxpayers who are not
25 subject to rate regulation by the Illinois Commerce
26 Commission for the purpose of recovering any of the tax
27 liabilities described in Section 9-222 of the Public
28 Utilities Act. For utility bills issued on or after May 1,
29 1998, and for receipts from those utility bills, "gross
30 receipts" does not include (i) amounts added to customers'
31 bills under Section 9-222 of the Public Utilities Act, or
32 (ii) amounts added to customers' bills by taxpayers who are
33 not subject to rate regulation by the Illinois Commerce
34 Commission for the purpose of recovering any of the tax
-380- LRB9000999EGfgam01
1 liabilities described in Section 9-222 of the Public
2 Utilities Act.
3 For purposes of this Section "gross receipts" shall not
4 include (i) amounts added to customers' bills under Section
5 9-221 of the Public Utilities Act, or (ii) charges added to
6 customers' bills to recover the surcharge imposed under the
7 Emergency Telephone System Act. This paragraph is not
8 intended to nor does it make any change in the meaning of
9 "gross receipts" for the purposes of this Section, but is
10 intended to remove possible ambiguities, thereby confirming
11 the existing meaning of "gross receipts" prior to the
12 effective date of this amendatory Act of 1995.
13 The words "transmitting messages", in addition to the
14 usual and popular meaning of person to person communication,
15 shall include the furnishing, for a consideration, of
16 services or facilities (whether owned or leased), or both, to
17 persons in connection with the transmission of messages where
18 those persons do not, in turn, receive any consideration in
19 connection therewith, but shall not include such furnishing
20 of services or facilities to persons for the transmission of
21 messages to the extent that any such services or facilities
22 for the transmission of messages are furnished for a
23 consideration, by those persons to other persons, for the
24 transmission of messages.
25 "Person" as used in this Section means any natural
26 individual, firm, trust, estate, partnership, association,
27 joint stock company, joint adventure, corporation, municipal
28 corporation or political subdivision of this State, or a
29 receiver, trustee, guardian or other representative appointed
30 by order of any court.
31 "Public utility" shall have the meaning ascribed to it in
32 Section 3-105 of the Public Utilities Act and shall include
33 telecommunications carriers as defined in Section 13-202 of
34 that Act.
-381- LRB9000999EGfgam01
1 In the case of persons engaged in the business of
2 transmitting messages through the use of mobile equipment,
3 such as cellular phones and paging systems, the gross
4 receipts from the business shall be deemed to originate
5 within the corporate limits of a municipality only if the
6 address to which the bills for the service are sent is within
7 those corporate limits. If, however, that address is not
8 located within a municipality that imposes a tax under this
9 Section, then (i) if the party responsible for the bill is
10 not an individual, the gross receipts from the business shall
11 be deemed to originate within the corporate limits of the
12 municipality where that party's principal place of business
13 in Illinois is located, and (ii) if the party responsible for
14 the bill is an individual, the gross receipts from the
15 business shall be deemed to originate within the corporate
16 limits of the municipality where that party's principal
17 residence in Illinois is located.
18 (e) Any municipality that imposes taxes upon public
19 utilities pursuant to this Section whose territory includes
20 any part of an enterprise zone or federally designated
21 Foreign Trade Zone or Sub-Zone may, by a majority vote of its
22 corporate authorities, exempt from those taxes for a period
23 not exceeding 20 years any specified percentage of gross
24 receipts of public utilities received from business
25 enterprises that:
26 (1) either (i) make investments that cause the
27 creation of a minimum of 200 full-time equivalent jobs in
28 Illinois, (ii) make investments of at least $175,000,000
29 that cause the creation of a minimum of 150 full-time
30 equivalent jobs in Illinois, or (iii) make investments
31 that cause the retention of a minimum of 1,000 full-time
32 jobs in Illinois; and
33 (2) are either (i) located in an Enterprise Zone
34 established pursuant to the Illinois Enterprise Zone Act
-382- LRB9000999EGfgam01
1 or (ii) Department of Commerce and Community Affairs
2 designated High Impact Businesses located in a federally
3 designated Foreign Trade Zone or Sub-Zone; and
4 (3) are certified by the Department of Commerce and
5 Community Affairs as complying with the requirements
6 specified in clauses (1) and (2) of this paragraph (e).
7 Upon adoption of the ordinance authorizing the exemption,
8 the municipal clerk shall transmit a copy of that ordinance
9 to the Department of Commerce and Community Affairs. The
10 Department of Commerce and Community Affairs shall determine
11 whether the business enterprises located in the municipality
12 meet the criteria prescribed in this paragraph. If the
13 Department of Commerce and Community Affairs determines that
14 the business enterprises meet the criteria, it shall grant
15 certification. The Department of Commerce and Community
16 Affairs shall act upon certification requests within 30 days
17 after receipt of the ordinance.
18 Upon certification of the business enterprise by the
19 Department of Commerce and Community Affairs, the Department
20 of Commerce and Community Affairs shall notify the Department
21 of Revenue of the certification. The Department of Revenue
22 shall notify the public utilities of the exemption status of
23 the gross receipts received from the certified business
24 enterprises. Such exemption status shall be effective within
25 3 months after certification.
26 (f) A municipality that imposes taxes upon public
27 utilities under this Section and whose territory includes
28 part of another unit of local government or a school district
29 may by ordinance exempt the other unit of local government or
30 school district from those taxes.
31 (g) The amendment of this Section by Public Act 84-127
32 shall take precedence over any other amendment of this
33 Section by any other amendatory Act passed by the 84th
34 General Assembly before the effective date of Public Act
-383- LRB9000999EGfgam01
1 84-127.
2 (h) In any case in which, before July 1, 1992, a person
3 engaged in the business of transmitting messages through the
4 use of mobile equipment, such as cellular phones and paging
5 systems, has determined the municipality within which the
6 gross receipts from the business originated by reference to
7 the location of its transmitting or switching equipment, then
8 (i) neither the municipality to which tax was paid on that
9 basis nor the taxpayer that paid tax on that basis shall be
10 required to rebate, refund, or issue credits for any such tax
11 or charge collected from customers to reimburse the taxpayer
12 for the tax and (ii) no municipality to which tax would have
13 been paid with respect to those gross receipts if the
14 provisions of this amendatory Act of 1991 had been in effect
15 before July 1, 1992, shall have any claim against the
16 taxpayer for any amount of the tax.
17 (Source: P.A. 89-325, eff. 1-1-96; 90-16, eff. 6-16-97;
18 90-562, eff. 12-16-97.)
19 (Text of Section after amendment by P.A. 90-561)
20 Sec. 8-11-2. The corporate authorities of any
21 municipality may tax any or all of the following occupations
22 or privileges:
23 1. Persons engaged in the business of transmitting
24 messages by means of electricity or radio magnetic waves,
25 or fiber optics, at a rate not to exceed 5% of the gross
26 receipts from that business originating within the
27 corporate limits of the municipality.
28 2. Persons engaged in the business of distributing,
29 supplying, furnishing, or selling gas for use or
30 consumption within the corporate limits of a municipality
31 of 500,000 or fewer population, and not for resale, at a
32 rate not to exceed 5% of the gross receipts therefrom.
33 2a. Persons engaged in the business of
34 distributing, supplying, furnishing, or selling gas for
-384- LRB9000999EGfgam01
1 use or consumption within the corporate limits of a
2 municipality of over 500,000 population, and not for
3 resale, at a rate not to exceed 8% of the gross receipts
4 therefrom. If imposed, this tax shall be paid in monthly
5 payments.
6 3. The privilege of using or consuming electricity
7 acquired in a purchase at retail and used or consumed
8 within the corporate limits of the municipality at rates
9 not to exceed the following maximum rates, calculated on
10 a monthly basis for each purchaser:
11 (i) For the first 2,000 kilowatt-hours used or
12 consumed in a month; 0.61 cents per kilowatt-hour;
13 (ii) For the next 48,000 kilowatt-hours used or
14 consumed in a month; 0.40 cents per kilowatt-hour;
15 (iii) For the next 50,000 kilowatt-hours used or
16 consumed in a month; 0.36 cents per kilowatt-hour;
17 (iv) For the next 400,000 kilowatt-hours used or
18 consumed in a month; 0.35 cents per kilowatt-hour;
19 (v) For the next 500,000 kilowatt-hours used or
20 consumed in a month; 0.34 cents per kilowatt-hour;
21 (vi) For the next 2,000,000 kilowatt-hours used or
22 consumed in a month; 0.32 cents per kilowatt-hour;
23 (vii) For the next 2,000,000 kilowatt-hours used or
24 consumed in a month; 0.315 cents per kilowatt-hour;
25 (viii) For the next 5,000,000 kilowatt-hours used
26 or consumed in a month; 0.31 cents per kilowatt-hour;
27 (ix) For the next 10,000,000 kilowatt-hours used or
28 consumed in a month; 0.305 cents per kilowatt-hour; and
29 (x) For all electricity used or consumed in excess
30 of 20,000,000 kilowatt-hours in a month, 0.30 cents per
31 kilowatt-hour.
32 If a municipality imposes a tax at rates lower than
33 either the maximum rates specified in this Section or the
34 alternative maximum rates promulgated by the Illinois
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1 Commerce Commission, as provided below, the tax rates
2 shall be imposed upon the kilowatt hour categories set
3 forth above with the same proportional relationship as
4 that which exists among such maximum rates.
5 Notwithstanding the foregoing, until December 31, 2008,
6 no municipality shall establish rates that are in excess
7 of rates reasonably calculated to produce revenues that
8 equal the maximum total revenues such municipality could
9 have received under the tax authorized by this
10 subparagraph in the last full calendar year prior to the
11 effective date of Section 65 of this amendatory Act of
12 1997; provided that this shall not be a limitation on the
13 amount of tax revenues actually collected by such
14 municipality.
15 Upon the request of the corporate authorities of a
16 municipality, the Illinois Commerce Commission shall,
17 within 90 days after receipt of such request, promulgate
18 alternative rates for each of these kilowatt-hour
19 categories that will reflect, as closely as reasonably
20 practical for that municipality, the distribution of the
21 tax among classes of purchasers as if the tax were based
22 on a uniform percentage of the purchase price of
23 electricity. A municipality that has adopted an
24 ordinance imposing a tax pursuant to subparagraph 3 as it
25 existed prior to the effective date of Section 65 of this
26 amendatory Act of 1997 may, rather than imposing the tax
27 permitted by this amendatory Act of 1997, continue to
28 impose the tax pursuant to that ordinance with respect to
29 gross receipts received from residential customers
30 through July 31, 1999, and with respect to gross receipts
31 from any non-residential customer until the first bill
32 issued to such customer for delivery services in
33 accordance with Section 16-104 of the Public Utilities
34 Act but in no case later than the last bill issued to
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1 such customer before December 31, 2000. No ordinance
2 imposing the tax permitted by this amendatory Act of 1997
3 shall be applicable to any non-residential customer until
4 the first bill issued to such customer for delivery
5 services in accordance with Section 16-104 of the Public
6 Utilities Act but in no case later than the last bill
7 issued to such non-residential customer before December
8 31, 2000.
9 4. Persons engaged in the business of distributing,
10 supplying, furnishing, or selling water for use or
11 consumption within the corporate limits of the
12 municipality, and not for resale, at a rate not to exceed
13 5% of the gross receipts therefrom.
14 None of the taxes authorized by this Section may be
15 imposed with respect to any transaction in interstate
16 commerce or otherwise to the extent to which the business or
17 privilege may not, under the constitution and statutes of the
18 United States, be made the subject of taxation by this State
19 or any political sub-division thereof; nor shall any persons
20 engaged in the business of distributing, supplying,
21 furnishing, selling or transmitting gas, water, or
22 electricity, or engaged in the business of transmitting
23 messages, or using or consuming electricity acquired in a
24 purchase at retail, be subject to taxation under the
25 provisions of this Section for those transactions that are or
26 may become subject to taxation under the provisions of the
27 "Municipal Retailers' Occupation Tax Act" authorized by
28 Section 8-11-1; nor shall any tax authorized by this Section
29 be imposed upon any person engaged in a business or on any
30 privilege unless the tax is imposed in like manner and at the
31 same rate upon all persons engaged in businesses of the same
32 class in the municipality, whether privately or municipally
33 owned or operated, or exercising the same privilege within
34 the municipality.
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1 Any of the taxes enumerated in this Section may be in
2 addition to the payment of money, or value of products or
3 services furnished to the municipality by the taxpayer as
4 compensation for the use of its streets, alleys, or other
5 public places, or installation and maintenance therein,
6 thereon or thereunder of poles, wires, pipes or other
7 equipment used in the operation of the taxpayer's business.
8 (a) If the corporate authorities of any home rule
9 municipality have adopted an ordinance that imposed a tax on
10 public utility customers, between July 1, 1971, and October
11 1, 1981, on the good faith belief that they were exercising
12 authority pursuant to Section 6 of Article VII of the 1970
13 Illinois Constitution, that action of the corporate
14 authorities shall be declared legal and valid,
15 notwithstanding a later decision of a judicial tribunal
16 declaring the ordinance invalid. No municipality shall be
17 required to rebate, refund, or issue credits for any taxes
18 described in this paragraph, and those taxes shall be deemed
19 to have been levied and collected in accordance with the
20 Constitution and laws of this State.
21 (b) In any case in which (i) prior to October 19, 1979,
22 the corporate authorities of any municipality have adopted an
23 ordinance imposing a tax authorized by this Section (or by
24 the predecessor provision of the "Revised Cities and Villages
25 Act") and have explicitly or in practice interpreted gross
26 receipts to include either charges added to customers' bills
27 pursuant to the provision of paragraph (a) of Section 36 of
28 the Public Utilities Act or charges added to customers' bills
29 by taxpayers who are not subject to rate regulation by the
30 Illinois Commerce Commission for the purpose of recovering
31 any of the tax liabilities or other amounts specified in such
32 paragraph (a) of Section 36 of that Act, and (ii) on or after
33 October 19, 1979, a judicial tribunal has construed gross
34 receipts to exclude all or part of those charges, then
-388- LRB9000999EGfgam01
1 neither those municipality nor any taxpayer who paid the tax
2 shall be required to rebate, refund, or issue credits for any
3 tax imposed or charge collected from customers pursuant to
4 the municipality's interpretation prior to October 19, 1979.
5 This paragraph reflects a legislative finding that it would
6 be contrary to the public interest to require a municipality
7 or its taxpayers to refund taxes or charges attributable to
8 the municipality's more inclusive interpretation of gross
9 receipts prior to October 19, 1979, and is not intended to
10 prescribe or limit judicial construction of this Section. The
11 legislative finding set forth in this subsection does not
12 apply to taxes imposed after the effective date of this
13 amendatory Act of 1995.
14 (c) The tax authorized by subparagraph 3 shall be
15 collected from the purchaser by the person maintaining a
16 place of business in this State who delivers the electricity
17 to the purchaser. This tax shall constitute a debt of the
18 purchaser to the person who delivers the electricity to the
19 purchaser and if unpaid, is recoverable in the same manner as
20 the original charge for delivering the electricity. Any tax
21 required to be collected pursuant to an ordinance authorized
22 by subparagraph 3 and any such tax collected by a person
23 delivering electricity shall constitute a debt owed to the
24 municipality by such person delivering the electricity,
25 provided, that the person delivering electricity shall be
26 allowed credit for such tax related to deliveries of
27 electricity the charges for which are written off as
28 uncollectible, and provided further, that if such charges are
29 thereafter collected, the delivering supplier shall be
30 obligated to remit such tax. For purposes of this subsection
31 (c), any partial payment not specifically identified by the
32 purchaser shall be deemed to be for the delivery of
33 electricity. Persons delivering electricity shall collect the
34 tax from the purchaser by adding such tax to the gross charge
-389- LRB9000999EGfgam01
1 for delivering the electricity, in the manner prescribed by
2 the municipality. Persons delivering electricity shall also
3 be authorized to add to such gross charge an amount equal to
4 3% of the tax to reimburse the person delivering electricity
5 for the expenses incurred in keeping records, billing
6 customers, preparing and filing returns, remitting the tax
7 and supplying data to the municipality upon request. If the
8 person delivering electricity fails to collect the tax from
9 the purchaser, then the purchaser shall be required to pay
10 the tax directly to the municipality in the manner prescribed
11 by the municipality. Persons delivering electricity who file
12 returns pursuant to this paragraph (c) shall, at the time of
13 filing such return, pay the municipality the amount of the
14 tax collected pursuant to subparagraph 3.
15 (d) For the purpose of the taxes enumerated in this
16 Section:
17 "Gross receipts" means the consideration received for the
18 transmission of messages, the consideration received for
19 distributing, supplying, furnishing or selling gas for use or
20 consumption and not for resale, and the consideration
21 received for distributing, supplying, furnishing or selling
22 water for use or consumption and not for resale, and for all
23 services rendered in connection therewith valued in money,
24 whether received in money or otherwise, including cash,
25 credit, services and property of every kind and material and
26 for all services rendered therewith, and shall be determined
27 without any deduction on account of the cost of transmitting
28 such messages, without any deduction on account of the cost
29 of the service, product or commodity supplied, the cost of
30 materials used, labor or service cost, or any other expenses
31 whatsoever. "Gross receipts" shall not include that portion
32 of the consideration received for distributing, supplying,
33 furnishing, or selling gas, or water to, or for the
34 transmission of messages for, business enterprises described
-390- LRB9000999EGfgam01
1 in paragraph (e) of this Section to the extent and during the
2 period in which the exemption authorized by paragraph (e) is
3 in effect or for school districts or units of local
4 government described in paragraph (f) during the period in
5 which the exemption authorized in paragraph (f) is in effect.
6 "Gross receipts" shall not include amounts paid by
7 telecommunications retailers under the Telecommunications
8 Municipal Infrastructure Maintenance Fee Act.
9 For utility bills issued on or after May 1, 1996, but
10 before May 1, 1997, and for receipts from those utility
11 bills, "gross receipts" does not include one-third of (i)
12 amounts added to customers' bills under Section 9-222 of the
13 Public Utilities Act, or (ii) amounts added to customers'
14 bills by taxpayers who are not subject to rate regulation by
15 the Illinois Commerce Commission for the purpose of
16 recovering any of the tax liabilities described in Section
17 9-222 of the Public Utilities Act. For utility bills issued
18 on or after May 1, 1997, but before May 1, 1998, and for
19 receipts from those utility bills, "gross receipts" does not
20 include two-thirds of (i) amounts added to customers' bills
21 under Section 9-222 of the Public Utilities Act, or (ii)
22 amount added to customers' bills by taxpayers who are not
23 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. For utility bills issued on or after May 1,
27 1998, and for receipts from those utility bills, "gross
28 receipts" does not include (i) amounts added to customers'
29 bills under Section 9-222 of the Public Utilities Act, or
30 (ii) amounts added to customers' bills by taxpayers who are
31 not subject to rate regulation by the Illinois Commerce
32 Commission for the purpose of recovering any of the tax
33 liabilities described in Section 9-222 of the Public
34 Utilities Act.
-391- LRB9000999EGfgam01
1 For purposes of this Section "gross receipts" shall not
2 include (i) amounts added to customers' bills under Section
3 9-221 of the Public Utilities Act, or (ii) charges added to
4 customers' bills to recover the surcharge imposed under the
5 Emergency Telephone System Act. This paragraph is not
6 intended to nor does it make any change in the meaning of
7 "gross receipts" for the purposes of this Section, but is
8 intended to remove possible ambiguities, thereby confirming
9 the existing meaning of "gross receipts" prior to the
10 effective date of this amendatory Act of 1995.
11 The words "transmitting messages", in addition to the
12 usual and popular meaning of person to person communication,
13 shall include the furnishing, for a consideration, of
14 services or facilities (whether owned or leased), or both, to
15 persons in connection with the transmission of messages where
16 those persons do not, in turn, receive any consideration in
17 connection therewith, but shall not include such furnishing
18 of services or facilities to persons for the transmission of
19 messages to the extent that any such services or facilities
20 for the transmission of messages are furnished for a
21 consideration, by those persons to other persons, for the
22 transmission of messages.
23 "Person" as used in this Section means any natural
24 individual, firm, trust, estate, partnership, association,
25 joint stock company, joint adventure, corporation, limited
26 liability company, municipal corporation, the State or any of
27 its political subdivisions, any State university created by
28 statute, or a receiver, trustee, guardian or other
29 representative appointed by order of any court.
30 "Person maintaining a place of business in this State"
31 shall mean any person having or maintaining within this
32 State, directly or by a subsidiary or other affiliate, an
33 office, generation facility, distribution facility,
34 transmission facility, sales office or other place of
-392- LRB9000999EGfgam01
1 business, or any employee, agent, or other representative
2 operating within this State under the authority of the person
3 or its subsidiary or other affiliate, irrespective of whether
4 such place of business or agent or other representative is
5 located in this State permanently or temporarily, or whether
6 such person, subsidiary or other affiliate is licensed or
7 qualified to do business in this State.
8 "Public utility" shall have the meaning ascribed to it in
9 Section 3-105 of the Public Utilities Act and shall include
10 telecommunications carriers as defined in Section 13-202 of
11 that Act and alternative retail electric suppliers as defined
12 in Section 16-102 of that Act.
13 "Purchase at retail" shall mean any acquisition of
14 electricity by a purchaser for purposes of use or
15 consumption, and not for resale, but shall not include the
16 use of electricity by a public utility directly in the
17 generation, production, transmission, delivery or sale of
18 electricity.
19 "Purchaser" shall mean any person who uses or consumes,
20 within the corporate limits of the municipality, electricity
21 acquired in a purchase at retail.
22 In the case of persons engaged in the business of
23 transmitting messages through the use of mobile equipment,
24 such as cellular phones and paging systems, the gross
25 receipts from the business shall be deemed to originate
26 within the corporate limits of a municipality only if the
27 address to which the bills for the service are sent is within
28 those corporate limits. If, however, that address is not
29 located within a municipality that imposes a tax under this
30 Section, then (i) if the party responsible for the bill is
31 not an individual, the gross receipts from the business shall
32 be deemed to originate within the corporate limits of the
33 municipality where that party's principal place of business
34 in Illinois is located, and (ii) if the party responsible for
-393- LRB9000999EGfgam01
1 the bill is an individual, the gross receipts from the
2 business shall be deemed to originate within the corporate
3 limits of the municipality where that party's principal
4 residence in Illinois is located.
5 (e) Any municipality that imposes taxes upon public
6 utilities or upon the privilege of using or consuming
7 electricity pursuant to this Section whose territory includes
8 any part of an enterprise zone or federally designated
9 Foreign Trade Zone or Sub-Zone may, by a majority vote of its
10 corporate authorities, exempt from those taxes for a period
11 not exceeding 20 years any specified percentage of gross
12 receipts of public utilities received from, or electricity
13 used or consumed by, business enterprises that:
14 (1) either (i) make investments that cause the
15 creation of a minimum of 200 full-time equivalent jobs in
16 Illinois, (ii) make investments of at least $175,000,000
17 that cause the creation of a minimum of 150 full-time
18 equivalent jobs in Illinois, or (iii) make investments
19 that cause the retention of a minimum of 1,000 full-time
20 jobs in Illinois; and
21 (2) are either (i) located in an Enterprise Zone
22 established pursuant to the Illinois Enterprise Zone Act
23 or (ii) Department of Commerce and Community Affairs
24 designated High Impact Businesses located in a federally
25 designated Foreign Trade Zone or Sub-Zone; and
26 (3) are certified by the Department of Commerce and
27 Community Affairs as complying with the requirements
28 specified in clauses (1) and (2) of this paragraph (e).
29 Upon adoption of the ordinance authorizing the exemption,
30 the municipal clerk shall transmit a copy of that ordinance
31 to the Department of Commerce and Community Affairs. The
32 Department of Commerce and Community Affairs shall determine
33 whether the business enterprises located in the municipality
34 meet the criteria prescribed in this paragraph. If the
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1 Department of Commerce and Community Affairs determines that
2 the business enterprises meet the criteria, it shall grant
3 certification. The Department of Commerce and Community
4 Affairs shall act upon certification requests within 30 days
5 after receipt of the ordinance.
6 Upon certification of the business enterprise by the
7 Department of Commerce and Community Affairs, the Department
8 of Commerce and Community Affairs shall notify the Department
9 of Revenue of the certification. The Department of Revenue
10 shall notify the public utilities of the exemption status of
11 the gross receipts received from, and the electricity used or
12 consumed by, the certified business enterprises. Such
13 exemption status shall be effective within 3 months after
14 certification.
15 (f) A municipality that imposes taxes upon public
16 utilities or upon the privilege of using or consuming
17 electricity 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
-395- LRB9000999EGfgam01
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 90-561, eff. 8-1-98; 90-562, eff. 12-16-97; revised
9 12-29-97.)
10 (65 ILCS 5/9-2-78) (from Ch. 24, par. 9-2-78)
11 Sec. 9-2-78. If an appeal is taken on any part of such
12 judgment, and if the board elects elect to proceed with the
13 improvement, notwithstanding such an appeal, as provided for
14 in Section 9-2-102, the clerk shall certify the appealed
15 portion, from time to time, in the manner above mentioned, as
16 the judgment is rendered thereon, and the warrant
17 accompanying this certificate in each case shall be authority
18 for the collection of so much of the assessment as is
19 included in the portion of the roll thereto attached.
20 The warrant in all cases of assessment, under this
21 Division 2, shall contain a copy of the certificate of the
22 judgment describing lots, blocks, tracts, and parcels of land
23 assessed so far as they are contained in the portion of the
24 roll so certified, and shall state the respective amounts
25 assessed on each lot, block, tract, or parcel of land, and
26 shall be delivered to the officer authorized to collect the
27 special assessment. The collector having a warrant for any
28 assessment levied to be paid by installments may receive any
29 or all of the installments of that assessment, but if he
30 receives only a part of the installments, then he shall
31 receive them in their numerical order.
32 (Source: Laws 1961, p. 576; revised 8-7-97.)
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1 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
2 Sec. 10-2.1-6. Examination of applicants;
3 disqualifications.
4 (a) All applicants for a position in either the fire or
5 police department of the municipality shall be under 35 years
6 of age, shall be subject to an examination that shall be
7 public, competitive, and open to all applicants (unless the
8 council or board of trustees by ordinance limit applicants to
9 electors of the municipality, county, state or nation) and
10 shall be subject to reasonable limitations as to residence,
11 health, habits, and moral character. The municipality may
12 not charge or collect any fee from an applicant who has met
13 all prequalification standards established by the
14 municipality for any such position.
15 (b) Residency requirements in effect at the time an
16 individual enters the fire or police service of a
17 municipality (other than a municipality that has more than
18 1,000,000 inhabitants) cannot be made more restrictive for
19 that individual during his period of service for that
20 municipality, or be made a condition of promotion, except for
21 the rank or position of Fire or Police Chief.
22 (c) No person with a record of misdemeanor convictions
23 except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
24 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
25 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
26 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
27 24-1 of the Criminal Code of 1961 or arrested for any cause
28 but not convicted on that cause shall be disqualified from
29 taking the examination to qualify for a position in the fire
30 department on grounds of habits or moral character.
31 (d) The age limitation in subsection (a) does not apply
32 (i) to any person previously employed as a policeman or
33 fireman in a regularly constituted police or fire department
34 of (I) any municipality or (II) a fire protection district
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1 whose obligations were assumed by a municipality under
2 Section 21 of the Fire Protection District Act, (ii) to any
3 person who has served a municipality as a regularly enrolled
4 volunteer fireman for 5 years immediately preceding the time
5 that municipality begins to use full time firemen to provide
6 all or part of its fire protection service, or (iii) to any
7 person who has served as an auxiliary policeman under Section
8 3.1-30-20 for at least 5 years and is under 40 years of age.
9 (e) Applicants who are 20 years of age and who have
10 successfully completed 2 years of law enforcement studies at
11 an accredited college or university may be considered for
12 appointment to active duty with the police department. An
13 applicant described in this subsection (e) who is appointed
14 to active duty shall not have power of arrest, nor shall the
15 applicant be permitted to carry firearms, until he or she
16 reaches 21 years of age.
17 (f) Applicants who are 18 years of age and who have
18 successfully completed 2 years of study in fire techniques,
19 amounting to a total of 4 high school credits, within the
20 cadet program of a municipality may be considered for
21 appointment to active duty with the fire department of any
22 municipality.
23 (g) The council or board of trustees may by ordinance
24 provide that persons residing outside the municipality are
25 eligible to take the examination.
26 (h) The examinations shall be practical in character and
27 relate to those matters that will fairly test the capacity of
28 the persons examined to discharge the duties of the positions
29 to which they seek appointment. No person shall be appointed
30 to the police or fire department if he or she does not
31 possess a high school diploma or an equivalent high school
32 education. A board of fire and police commissioners may, by
33 its rules, require police applicants to have obtained an
34 associate's degree or a bachelor's degree as a prerequisite
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1 for employment. The examinations shall include tests of
2 physical qualifications and health. No person shall be
3 appointed to the police or fire department if he or she has
4 suffered the amputation of any limb unless the applicant's
5 duties will be only clerical or as a radio operator. No
6 applicant shall be examined concerning his or her political
7 or religious opinions or affiliations. The examinations
8 shall be conducted by the board of fire and police
9 commissioners of the municipality as provided in this
10 Division 2.1.
11 (i) No person who is classified by his local selective
12 service draft board as a conscientious objector, or who has
13 ever been so classified, may be appointed to the police
14 department.
15 (j) No person shall be appointed to the police or fire
16 department unless he or she is a person of good character and
17 not an habitual drunkard, gambler, or a person who has been
18 convicted of a felony or a crime involving moral turpitude.
19 No person, however, shall be disqualified from appointment to
20 the fire department because of his or her record of
21 misdemeanor convictions except those under Sections 11-6,
22 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
23 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
24 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
25 subsections (1), (6) and (8) of Section 24-1 of the Criminal
26 Code of 1961 or arrest for any cause without conviction on
27 that cause. Any such person who is in the department may be
28 removed on charges brought and after a trial as provided in
29 this Division 2.1.
30 (Source: P.A. 89-52, eff. 6-30-95; 90-445, eff. 8-16-97;
31 90-481, eff. 8-17-97; revised 11-17-97.)
32 (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
33 Sec. 10-2.1-14. Register of eligibles. The board of fire
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1 and police commissioners shall prepare and keep a register of
2 persons whose general average standing, upon examination, is
3 not less than the minimum fixed by the rules of the board,
4 and who are otherwise eligible. These persons shall take
5 rank upon the register as candidates in the order of their
6 relative excellence as determined by examination, without
7 reference to priority of time of examination. Applicants who
8 have been awarded a certificate attesting to their successful
9 completion of the Minimum Standards Basic Law Enforcement
10 Training Course, as provided in the Illinois Police Training
11 Act, may be given preference in appointment over noncertified
12 applicants.
13 Within 60 days after each examination, an eligibility
14 list shall be posted by the board, which shall show the final
15 grades of the candidates without reference to priority of
16 time of examination and subject to claim for military credit.
17 Candidates who are eligible for military credit shall make a
18 claim in writing within 10 days after the posting of the
19 eligibility list or such claim shall be deemed waived.
20 Appointment shall be subject to a final physical examination.
21 If a person is placed on an eligibility list and becomes
22 overage before he or she is appointed to a police or fire
23 department, the person remains eligible for appointment until
24 the list is abolished pursuant to authorized procedures.
25 Otherwise no person who has attained the age of 36 years
26 shall be inducted as a member of a police department and no
27 person who has attained the age of 35 years shall be inducted
28 as a member of a fire department, except as otherwise
29 provided in this division.
30 (Source: P.A. 89-52, eff. 6-30-95; 90-455, eff. 8-16-97;
31 90-481, eff. 8-17-97; revised 11-17-97.)
32 (65 ILCS 5/11-6-2) (from Ch. 24, par. 11-6-2)
33 Sec. 11-6-2. The corporate authorities of each
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1 municipality may contract with fire protection districts
2 organized under "An Act to create Fire Protection Districts,"
3 approved July 8, 1927, as now or hereafter amended, which are
4 adjacent to the municipality, for the furnishing of fire
5 protection service for property located within the districts
6 but outside the limits of the municipality, and may supply
7 fire protection service to the owners of property which lies
8 outside the limits of the municipality and may set up by
9 ordinance a scale of charges changes therefor. The corporate
10 authorities of any municipality shall provide fire protection
11 service for public school buildings situated outside the
12 municipality in accordance with Section 16-10 of "The School
13 Code".
14 (Source: P.A. 76-1791; revised 12-18-97.)
15 (65 ILCS 5/11-19.2-1) (from Ch. 24, par. 11-19.2-1)
16 Sec. 11-19.2-1. Definitions. As used in this Division,
17 unless the context requires otherwise:
18 (a) "Code" means any municipal ordinance that pertains
19 to or regulates: sanitation practices; forestry practices;
20 the attachment of bills or notices to public property; the
21 definition, identification and abatement of public nuisances;
22 and the accumulation, disposal and transportation of garbage,
23 refuse and other forms of solid waste in a municipality.
24 (b) "Sanitation inspector" means a municipal employee
25 authorized to issue citations for code violations and to
26 conduct inspections of public or private real property in a
27 municipality to determine if code violations exist.
28 (c) "Property owner" means the legal or beneficial owner
29 of an improved or unimproved parcel of real estate.
30 (d) "Hearing officer" means a person other than a
31 sanitation inspector or law enforcement officer having the
32 following powers and duties:
33 (1) to preside at an administrative hearing called
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1 to determine whether or not a code violation exists;
2 (2) to hear testimony and accept evidence from the
3 sanitation inspector, the respondent and all interested
4 parties relevant to the existence of a code violation;
5 (3) to preserve and authenticate the record of the
6 hearing and all exhibits and evidence introduced at the
7 hearing;
8 (4) to issue and sign a written finding, decision
9 and order stating whether a code violation exists; and
10 (5) to impose penalties consistent with applicable
11 code provisions and to assess costs reasonably related to
12 instituting the proceeding upon finding the respondent
13 liable for the charged violation, provided, however, that
14 in no event shall the hearing officer have the authority
15 to impose a penalty of incarceration.
16 (e) "Respondent" means a property owner, waste hauler or
17 other person charged with liability for an alleged code
18 violation and the person to whom the notice of violation is
19 directed.
20 (f) "Solid waste" means demolition materials, food and
21 industrial processing wastes, garden trash, land cleaning
22 wastes, mixed refuse, non-combustible refuse, rubbish, and
23 trash as those terms are defined in Section 1653 of the Solid
24 Waste Disposal District Act.
25 (g) "Waste hauler" means any person owning or
26 controlling any vehicle used to carry or transport garbage,
27 refuse or other forms of solid waste.
28 (Source: P.A. 86-1364; revised 8-7-97.)
29 (65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
30 Sec. 11-74-2. Whenever used in this Division 74, unless a
31 different meaning clearly appears from the context:
32 (1) "Industrial project" means any (a) capital project,
33 including one or more buildings and other structures,
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1 improvements, machinery and equipment whether or not on the
2 same site or sites now existing or hereafter acquired,
3 suitable for use by any manufacturing, industrial, research,
4 transportation or commercial enterprise, including but not
5 limited to, use as a factory, mill, processing plant,
6 assembly plant, packaging plant, fabricating plant, office
7 building, industrial distribution center, warehouse, repair,
8 overhaul or service facility, freight terminal, research
9 facility, test facility, railroad facility, or commercial
10 facility, and including also the sites thereof and other
11 rights in land therefor whether improved or unimproved, site
12 preparation and landscaping, and all appurtenances and
13 facilities incidental thereto such as utilities, access
14 roads, railroad sidings, truck docking and similar
15 facilities, parking facilities, dockage, wharfage, and other
16 improvements necessary or convenient thereto; or (b) any
17 land, buildings, machinery or equipment comprising an
18 addition to, or renovation, rehabilitation or improvement of
19 any existing capital project; (c) construction, remodeling or
20 conversion of a structure to be leased to the Illinois
21 Department of Corrections for the purposes of its serving as
22 a correctional institution or facility pursuant to paragraph
23 (c) of Section 3-2-2 of the Unified Code of Corrections; or
24 (d) construction, remodeling or conversion of a structure to
25 be leased to the Department of Central Management Services
26 for the purpose of serving as a State facility pursuant to
27 Section 67.25 of the Civil Administrative Code of Illinois.
28 (2) "Municipality" includes any city, village or
29 incorporated town in this State.
30 (Source: P.A. 84-946; revised 7-21-97.)
31 (65 ILCS 5/11-74.6-10)
32 Sec. 11-74.6-10. Definitions.
33 (a) "Environmentally contaminated area" means any
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1 improved or vacant area within the boundaries of a
2 redevelopment project area located within the corporate
3 limits of a municipality when, (i) there has been a
4 determination of release or substantial threat of release of
5 a hazardous substance or pesticide, by the United States
6 Environmental Protection Agency or the Illinois Environmental
7 Protection Agency, or the Illinois Pollution Control Board,
8 or any court, or a release or substantial threat of release
9 which is addressed as part of the Pre-Notice Site Cleanup
10 Program under Section 22.2(m) of the Illinois Environmental
11 Protection Act, or a release or substantial threat of release
12 of petroleum under Section 22.12 of the Illinois
13 Environmental Protection Act, and (ii) which release or
14 threat of release presents an imminent and substantial danger
15 to public health or welfare or presents a significant threat
16 to public health or the environment, and (iii) which release
17 or threat of release would have a significant impact on the
18 cost of redeveloping the area.
19 (b) "Department" means the Department of Commerce and
20 Community Affairs.
21 (c) "Industrial park" means an area in a redevelopment
22 project area suitable for use by any manufacturing,
23 industrial, research, or transportation enterprise, of
24 facilities, including but not limited to factories, mills,
25 processing plants, assembly plants, packing plants,
26 fabricating plants, distribution centers, warehouses, repair
27 overhaul or service facilities, freight terminals, research
28 facilities, test facilities or railroad facilities. An
29 industrial park may contain space for commercial and other
30 use as long as the expected principal use of the park is
31 industrial and is reasonably expected to result in the
32 creation of a significant number of new permanent full time
33 jobs. An industrial park may also contain related operations
34 and facilities including, but not limited to, business and
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1 office support services such as centralized computers,
2 telecommunications, publishing, accounting, photocopying and
3 similar activities and employee services such as child care,
4 health care, food service and similar activities. An
5 industrial park may also include demonstration projects,
6 prototype development, specialized training on developing
7 technology, and pure research in any field related or
8 adaptable to business and industry.
9 (d) "Research park" means an area in a redevelopment
10 project area suitable for development of a facility or
11 complex that includes research laboratories and related
12 operations. These related operations may include, but are
13 not limited to, business and office support services such as
14 centralized computers, telecommunications, publishing,
15 accounting, photocopying and similar activities, and employee
16 services such as child care, health care, food service and
17 similar activities. A research park may include demonstration
18 projects, prototype development, specialized training on
19 developing technology, and pure research in any field related
20 or adaptable to business and industry.
21 (e) "Industrial park conservation area" means an area
22 within the boundaries of a redevelopment project area located
23 within the corporate limits of a municipality or within 1 1/2
24 miles of the corporate limits of a municipality if the area
25 is to be annexed to the municipality, if the area is zoned as
26 industrial no later than the date on which the municipality
27 by ordinance designates the redevelopment project area, and
28 if the area includes improved or vacant land suitable for use
29 as an industrial park or a research park, or both. To be
30 designated as an industrial park conservation area, the area
31 shall also satisfy one of the following standards:
32 (1) Standard One: The municipality must be a labor
33 surplus municipality and the area must be served by
34 adequate public and or road transportation for access by
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1 the unemployed and for the movement of goods or materials
2 and the redevelopment project area shall contain no more
3 than 2% of the most recently ascertained equalized
4 assessed value of all taxable real properties within the
5 corporate limits of the municipality after adjustment for
6 all annexations associated with the establishment of the
7 redevelopment project area or be located in the vicinity
8 of a waste disposal site or other waste facility. The
9 project plan shall include a plan for and shall establish
10 a marketing program to attract appropriate businesses to
11 the proposed industrial park conservation area and shall
12 include an adequate plan for financing and construction
13 of the necessary infrastructure. No redevelopment
14 projects may be authorized by the municipality under
15 Standard One of subsection (e) of this Section unless the
16 project plan also provides for an employment training
17 project that would prepare unemployed workers for work in
18 the industrial park conservation area, and the project
19 has been approved by official action of or is to be
20 operated by the local community college district, public
21 school district or state or locally designated private
22 industry council or successor agency, or
23 (2) Standard Two: The municipality must be a
24 substantial labor surplus municipality and the area must
25 be served by adequate public and or road transportation
26 for access by the unemployed and for the movement of
27 goods or materials and the redevelopment project area
28 shall contain no more than 2% of the most recently
29 ascertained equalized assessed value of all taxable real
30 properties within the corporate limits of the
31 municipality after adjustment for all annexations
32 associated with the establishment of the redevelopment
33 project area. No redevelopment projects may be authorized
34 by the municipality under Standard Two of subsection (e)
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1 of this Section unless the project plan also provides for
2 an employment training project that would prepare
3 unemployed workers for work in the industrial park
4 conservation area, and the project has been approved by
5 official action of or is to be operated by the local
6 community college district, public school district or
7 state or locally designated private industry council or
8 successor agency.
9 (f) "Vacant industrial buildings conservation area"
10 means an area containing one or more industrial buildings
11 located within the corporate limits of the municipality that
12 has been zoned industrial for at least 5 years before the
13 designation of that area as a redevelopment project area by
14 the municipality and is planned for reuse principally for
15 industrial purposes. For the area to be designated as a
16 vacant industrial buildings conservation area, the area shall
17 also satisfy one of the following standards:
18 (1) Standard One: The area shall consist of one or
19 more industrial buildings totaling at least 50,000 net
20 square feet of industrial space, with a majority of the
21 total area of all the buildings having been vacant for at
22 least 18 months; and (A) the area is located in a labor
23 surplus municipality or a substantial labor surplus
24 municipality, or (B) the equalized assessed value of the
25 properties within the area during the last 2 years is at
26 least 25% lower than the maximum equalized assessed value
27 of those properties during the immediately preceding 10
28 years.
29 (2) Standard Two: The area exclusively consists of
30 industrial buildings or a building complex operated by a
31 user or related users (A) that has within the immediately
32 preceding 5 years either (i) employed 200 or more
33 employees at that location, or (ii) if the area is
34 located in a municipality with a population of 12,000 or
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1 less, employed more than 50 employees at that location
2 and (B) either is currently vacant, or the owner has:
3 (i) directly notified the municipality of the user's
4 intention to terminate operations at the facility or (ii)
5 filed a notice of closure under the Worker Adjustment and
6 Retraining Notification Act.
7 (g) "Labor surplus municipality" means a municipality in
8 which, during the 4 calendar calender years immediately
9 preceding the date the municipality by ordinance designates
10 an industrial park conservation area, the average
11 unemployment rate was 1% or more over the national average
12 unemployment rate for that same period of time as published
13 in the United States Department of Labor Bureau of Labor
14 Statistics publication entitled "The Employment Situation" or
15 its successor publication. For the purpose of this
16 subsection (g), if unemployment rate statistics for the
17 municipality are not available, the unemployment rate in the
18 municipality shall be deemed to be: (i) for a municipality
19 that is not in an urban county, the same as the unemployment
20 rate in the principal county where the municipality is
21 located or (ii) for a municipality in an urban county at
22 that municipality's option, either the unemployment rate
23 certified for the municipality by the Department after
24 consultation with the Illinois Department of Labor or the
25 federal Bureau of Labor Statistics, or the unemployment rate
26 of the municipality as determined by the most recent federal
27 census if that census was not dated more than 5 years prior
28 to the date on which the determination is made.
29 (h) "Substantial labor surplus municipality" means a
30 municipality in which, during the 5 calendar years
31 immediately preceding the date the municipality by ordinance
32 designates an industrial park conservation area, the average
33 unemployment rate was 2% or more over the national average
34 unemployment rate for that same period of time as published
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1 in the United States Department of Labor Statistics
2 publication entitled "The Employment Situation" or its
3 successor publication. For the purpose of this subsection
4 (h), if unemployment rate statistics for the municipality are
5 not available, the unemployment rate in the municipality
6 shall be deemed to be: (i) for a municipality that is not in
7 an urban county, the same as the unemployment rate in the
8 principal county in which the municipality is located; or
9 (ii) for a municipality in an urban county, at that
10 municipality's option, either the unemployment rate certified
11 for the municipality by the Department after consultation
12 with the Illinois Department of Labor or the federal Bureau
13 of Labor Statistics, or the unemployment rate of the
14 municipality as determined by the most recent federal census
15 if that census was not dated more than 5 years prior to the
16 date on which the determination is made.
17 (i) "Municipality" means a city, village or incorporated
18 town.
19 (j) "Obligations" means bonds, loans, debentures, notes,
20 special certificates or other evidence of indebtedness issued
21 by the municipality to carry out a redevelopment project or
22 to refund outstanding obligations.
23 (k) "Payment in lieu of taxes" means those estimated tax
24 revenues from real property in a redevelopment project area
25 acquired by a municipality, which according to the
26 redevelopment project or plan are to be used for a private
27 use, that taxing districts would have received had a
28 municipality not adopted tax increment allocation financing
29 and that would result from levies made after the time of the
30 adoption of tax increment allocation financing until the time
31 the current equalized assessed value of real property in the
32 redevelopment project area exceeds the total initial
33 equalized assessed value of real property in that area.
34 (l) "Redevelopment plan" means the comprehensive program
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1 of the municipality for development or redevelopment intended
2 by the payment of redevelopment project costs to reduce or
3 eliminate the conditions that qualified the redevelopment
4 project area as an environmentally contaminated area or
5 industrial park conservation area, or vacant industrial
6 buildings conservation area, or combination thereof, and
7 thereby to enhance the tax bases of the taxing districts that
8 extend into the redevelopment project area. Each
9 redevelopment plan must set forth in writing the bases for
10 the municipal findings required in this subsection, the
11 program to be undertaken to accomplish the objectives,
12 including but not limited to: (1) estimated redevelopment
13 project costs, (2) evidence indicating that the redevelopment
14 project area on the whole has not been subject to growth and
15 development through investment by private enterprise, (3)
16 (i) in the case of an environmentally contaminated area,
17 industrial park conservation area, or a vacant industrial
18 buildings conservation area classified under either Standard
19 One, or Standard Two of subsection (f) where the building is
20 currently vacant, evidence that implementation of the
21 redevelopment plan is reasonably expected to create a
22 significant number of permanent full time jobs, (ii) in the
23 case of a vacant industrial buildings conservation area
24 classified under Standard Two (B)(i) or (ii) of subsection
25 (f), evidence that implementation of the redevelopment plan
26 is reasonably expected to retain a significant number of
27 existing permanent full time jobs, and (iii) in the case of a
28 combination of an environmentally contaminated area,
29 industrial park conservation area, or vacant industrial
30 buildings conservation area, evidence that the standards
31 concerning the creation or retention of jobs for each area
32 set forth in (i) or (ii) above are met, (4) an assessment of
33 any financial impact of the redevelopment project area on or
34 any increased demand for services from any taxing district
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1 affected by the plan and any program to address such
2 financial impact or increased demand, (5) the sources of
3 funds to pay costs, (6) the nature and term of the
4 obligations to be issued, (7) the most recent equalized
5 assessed valuation of the redevelopment project area, (8) an
6 estimate of the equalized assessed valuation after
7 redevelopment and the general land uses that are applied in
8 the redevelopment project area, (9) a commitment to fair
9 employment practices and an affirmative action plan, (10) if
10 it includes an industrial park conservation area, the
11 following: (i) a general description of any proposed
12 developer, (ii) user and tenant of any property, (iii) a
13 description of the type, structure and general character of
14 the facilities to be developed, and (iv) a description of the
15 type, class and number of new employees to be employed in the
16 operation of the facilities to be developed, (11) if it
17 includes an environmentally contaminated area, the following:
18 either (i) a determination of release or substantial threat
19 of release of a hazardous substance or pesticide or of
20 petroleum by the United States Environmental Protection
21 Agency or the Illinois Environmental Protection Agency, or
22 the Illinois Pollution Control Board or any court; or (ii)
23 both an environmental audit report by a nationally recognized
24 independent environmental auditor having a reputation for
25 expertise in these matters and a copy of the signed Review
26 and Evaluation Services Agreement indicating acceptance of
27 the site by the Illinois Environmental Protection Agency into
28 the Pre-Notice Site Cleanup Program, (12) if it includes a
29 vacant industrial buildings conservation area, the following:
30 (i) a general description of any proposed developer, (ii)
31 user and tenant of any building or buildings, (iii) a
32 description of the type, structure and general character of
33 the building or buildings to be developed, and (iv) a
34 description of the type, class and number of new employees to
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1 be employed or existing employees to be retained in the
2 operation of the building or buildings to be redeveloped, and
3 (13) if property is to be annexed to the municipality, the
4 terms of the annexation agreement.
5 No redevelopment plan shall be adopted by a municipality
6 without findings that:
7 (1) the redevelopment project area on the whole has
8 not been subject to growth and development through
9 investment by private enterprise and would not reasonably
10 be anticipated to be developed in accordance with public
11 goals stated in the redevelopment plan without the
12 adoption of the redevelopment plan;
13 (2) the redevelopment plan and project conform to
14 the comprehensive plan for the development of the
15 municipality as a whole, or, for municipalities with a
16 population of 100,000 or more, regardless of when the
17 redevelopment plan and project was adopted, the
18 redevelopment plan and project either: (i) conforms to
19 the strategic economic development or redevelopment plan
20 issued by the designated planning authority of the
21 municipality or (ii) includes land uses that have been
22 approved by the planning commission of the municipality;
23 (3) that the redevelopment plan is reasonably
24 expected to create or retain a significant number of
25 permanent full time jobs as set forth in paragraph (3) of
26 subsection (l) above;
27 (4) the estimated date of completion of the
28 redevelopment project and retirement of obligations
29 incurred to finance redevelopment project costs is not
30 more than 23 years from the adoption of the ordinance
31 approving the project;
32 (5) in the case of an industrial park conservation
33 area, that the municipality is a labor surplus
34 municipality or a substantial labor surplus municipality
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1 and that the implementation of the redevelopment plan is
2 reasonably expected to create a significant number of
3 permanent full time new jobs and, by the provision of new
4 facilities, significantly enhance the tax base of the
5 taxing districts that extend into the redevelopment
6 project area;
7 (6) in the case of an environmentally contaminated
8 area, that the area is subject to a release or
9 substantial threat of release of a hazardous substance,
10 pesticide or petroleum which presents an imminent and
11 substantial danger to public health or welfare or
12 presents a significant threat to public health or
13 environment, that such release or threat of release will
14 have a significant impact on the cost of redeveloping the
15 area, that the implementation of the redevelopment plan
16 is reasonably expected to result in the area being
17 redeveloped, the tax base of the affected taxing
18 districts being significantly enhanced thereby, and the
19 creation of a significant number of permanent full time
20 jobs; and
21 (7) in the use of a vacant industrial buildings
22 conservation area, that the area is located within the
23 corporate limits of a municipality that has been zoned
24 industrial for at least 5 years before its designation as
25 a project redeveloped area, that it contains one or more
26 industrial buildings, and whether the area has been
27 designated under Standard One or Standard Two of
28 subsection (f) and the basis for that designation.
29 (m) "Redevelopment project" means any public or private
30 development project in furtherance of the objectives of a
31 redevelopment plan.
32 (n) "Redevelopment project area" means a contiguous area
33 designated by the municipality that is not less in the
34 aggregate than 1 1/2 acres, and for which the municipality
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1 has made a finding that there exist conditions that cause the
2 area to be classified as an industrial park conservation
3 area, a vacant industrial building conservation area, an
4 environmentally contaminated area or a combination of these
5 types of areas.
6 (o) "Redevelopment project costs" means the sum total of
7 all reasonable or necessary costs incurred or estimated to be
8 incurred by the municipality, and any of those costs
9 incidental to a redevelopment plan and a redevelopment
10 project. These costs include, without limitation, the
11 following:
12 (1) Costs of studies, surveys, development of
13 plans, and specifications, implementation and
14 administration of the redevelopment plan, staff and
15 professional service costs for architectural,
16 engineering, legal, marketing, financial, planning, or
17 other services, but no charges for professional services
18 may be based on a percentage of the tax increment
19 collected.
20 (2) Property assembly costs within a redevelopment
21 project area, including but not limited to acquisition of
22 land and other real or personal property or rights or
23 interests therein.
24 (3) Site preparation costs, including but not
25 limited to clearance of any area within a redevelopment
26 project area by demolition or removal of any existing
27 buildings, structures, fixtures, utilities and
28 improvements and clearing and grading; and including
29 installation, repair, construction, reconstruction, or
30 relocation of public streets, public utilities, and other
31 public site improvements within or without a
32 redevelopment project area which are essential to the
33 preparation of the redevelopment project area for use in
34 accordance with a redevelopment plan.
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1 (4) Costs of renovation, rehabilitation,
2 reconstruction, relocation, repair or remodeling of any
3 existing public or private buildings, improvements, and
4 fixtures within a redevelopment project area.
5 (5) Costs of construction within a redevelopment
6 project area of public improvements, including but not
7 limited to, buildings, structures, works, utilities or
8 fixtures.
9 (6) Costs of eliminating or removing contaminants
10 and other impediments required by federal or State
11 environmental laws, rules, regulations, and guidelines,
12 orders or other requirements or those imposed by private
13 lending institutions as a condition for approval of their
14 financial support, debt or equity, for the redevelopment
15 projects, provided, however, that in the event (i) other
16 federal or State funds have been certified by an
17 administrative agency as adequate to pay these costs
18 during the 18 months after the adoption of the
19 redevelopment plan, or (ii) the municipality has been
20 reimbursed for such costs by persons legally responsible
21 for them, such federal, State, or private funds shall,
22 insofar as possible, be fully expended prior to the use
23 of any revenues deposited in the special tax allocation
24 fund of the municipality and any other such federal,
25 State or private funds received shall be deposited in the
26 fund. The municipality shall seek reimbursement of these
27 costs from persons legally responsible for these costs
28 and the costs of obtaining this reimbursement.
29 (7) Costs of job training and retraining projects.
30 (8) Financing costs, including but not limited to
31 all necessary and incidental expenses related to the
32 issuance of obligations and which may include payment of
33 interest on any obligations issued under this Act
34 accruing during the estimated period of construction of
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1 any redevelopment project for which the obligations are
2 issued and for not exceeding 36 months thereafter and
3 including reasonable reserves related to those costs.
4 (9) All or a portion of a taxing district's capital
5 costs resulting from the redevelopment project
6 necessarily incurred or to be incurred in furtherance of
7 the objectives of the redevelopment plan and project, to
8 the extent the municipality by written agreement accepts
9 and approves those costs.
10 (10) Relocation costs to the extent that a
11 municipality determines that relocation costs shall be
12 paid or is required to make payment of relocation costs
13 by federal or State law.
14 (11) Payments in lieu of taxes.
15 (12) Costs of job training, advanced vocational
16 education or career education, including but not limited
17 to courses in occupational, semi-technical or technical
18 fields leading directly to employment, incurred by one or
19 more taxing districts, if those costs are: (i) related to
20 the establishment and maintenance of additional job
21 training, advanced vocational education or career
22 education programs for persons employed or to be employed
23 by employers located in a redevelopment project area; and
24 (ii) are incurred by a taxing district or taxing
25 districts other than the municipality and are set forth
26 in a written agreement by or among the municipality and
27 the taxing district or taxing districts, which agreement
28 describes the program to be undertaken, including but not
29 limited to the number of employees to be trained, a
30 description of the training and services to be provided,
31 the number and type of positions available or to be
32 available, itemized costs of the program and sources of
33 funds to pay for the same, and the term of the agreement.
34 These costs include, specifically, the payment by
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1 community college districts of costs under Sections 3-37,
2 3-38, 3-40 and 3-40.1 of the Public Community College Act
3 and by school districts of costs under Sections 10-22.20a
4 and 10-23.3a of the School Code.
5 (13) The interest costs incurred by redevelopers or
6 other nongovernmental persons in connection with a
7 redevelopment project, and specifically including
8 payments to redevelopers or other nongovernmental persons
9 as reimbursement for such costs incurred by such
10 redeveloper or other nongovernmental person, provided
11 that:
12 (A) interest costs shall be paid or reimbursed
13 by a municipality only pursuant to the prior
14 official action of the municipality evidencing an
15 intent to pay or reimburse such interest costs;
16 (B) such payments in any one year may not
17 exceed 30% of the annual interest costs incurred by
18 the redeveloper with regard to the redevelopment
19 project during that year;
20 (C) except as provided in subparagraph (E),
21 the aggregate amount of such costs paid or
22 reimbursed by a municipality shall not exceed 30% of
23 the total (i) costs paid or incurred by the
24 redeveloper or other nongovernmental person in that
25 year plus (ii) redevelopment project costs excluding
26 any property assembly costs and any relocation costs
27 incurred by a municipality pursuant to this Act;
28 (D) interest costs shall be paid or reimbursed
29 by a municipality solely from the special tax
30 allocation fund established pursuant to this Act and
31 shall not be paid or reimbursed from the proceeds of
32 any obligations issued by a municipality;
33 (E) if there are not sufficient funds
34 available in the special tax allocation fund in any
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1 year to make such payment or reimbursement in full,
2 any amount of such interest cost remaining to be
3 paid or reimbursed by a municipality shall accrue
4 and be payable when funds are available in the
5 special tax allocation fund to make such payment.
6 (14) The costs of construction of new privately
7 owned buildings shall not be an eligible redevelopment
8 project cost.
9 If a special service area has been established under the
10 Special Service Area Tax Act, then any tax increment revenues
11 derived from the tax imposed thereunder to the Special
12 Service Area Tax Act may be used within the redevelopment
13 project area for the purposes permitted by that Act as well
14 as the purposes permitted by this Act.
15 (p) "Redevelopment Planning Area" means an area so
16 designated by a municipality after the municipality has
17 complied with all the findings and procedures required to
18 establish a redevelopment project area, including the
19 existence of conditions that qualify the area as an
20 industrial park conservation area, or an environmentally
21 contaminated area, or a vacant industrial buildings
22 conservation area, or a combination of these types of areas,
23 and adopted a redevelopment plan and project for the planning
24 area and its included redevelopment project areas. The area
25 shall not be designated as a redevelopment planning area for
26 more than 5 years. At any time in the 5 years following that
27 designation of the area, the municipality may designate the
28 area, or any portion of the area, as a redevelopment project
29 area without making additional findings or complying with
30 additional procedures required for the creation of a
31 redevelopment project area.
32 (q) "Taxing districts" means counties, townships,
33 municipalities, and school, road, park, sanitary, mosquito
34 abatement, forest preserve, public health, fire protection,
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1 river conservancy, tuberculosis sanitarium and any other
2 municipal corporations or districts with the power to levy
3 taxes.
4 (r) "Taxing districts' capital costs" means those costs
5 of taxing districts for capital improvements that are found
6 by the municipal corporate authorities to be necessary and a
7 direct result of the redevelopment project.
8 (s) "Urban county" means a county with 240,000 or more
9 inhabitants.
10 (t) "Vacant area", as used in subsection (a) of this
11 Section, means any parcel or combination of parcels of real
12 property without industrial, commercial and residential
13 buildings that has not been used for commercial agricultural
14 purposes within 5 years before the designation of the
15 redevelopment project area, unless that parcel is included in
16 an industrial park conservation area.
17 (Source: P.A. 88-537; revised 7-21-97.)
18 (65 ILCS 5/11-119.1-12) (from Ch. 24, par. 11-119.1-12)
19 Sec. 11-119.1-12. A. This Division shall be construed
20 liberally to effectuate its legislative intent and purpose,
21 as complete and independent authority for the performance of
22 each and every act and thing authorized by this Division, and
23 all authority granted shall be broadly interpreted to
24 effectuate this intent and purpose and not as a limitation of
25 powers. This Division is expressly not a limit on any of the
26 powers granted any unit of local government of this State by
27 constitution, statute, charter or otherwise, other than when
28 the unit of local government is acting expressly pursuant to
29 this Division Divison.
30 B. In the event of any conflict or inconsistency between
31 this Division and any other law or charter provision, the
32 provisions of this Division shall prevail.
33 C. Any provision of this Division which may be
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1 determined by competent authority to be prohibited or
2 unenforceable in any jurisdiction shall, as to such
3 jurisdiction, be ineffective to the extent of such
4 prohibition or unenforceability without invalidating the
5 remaining provisions hereof, and any such prohibition or
6 unenforceability in any jurisdiction shall not invalidate or
7 render unenforceable such provision in any other
8 jurisdiction.
9 (Source: P.A. 83-997; revised 7-21-97.)
10 Section 57. The Economic Development Project Area Tax
11 Increment Allocation Act of 1995 is amended by changing
12 Section 5 as follows:
13 (65 ILCS 110/5)
14 Sec. 5. Legislative Declaration.
15 (a) The General Assembly finds, determines, and declares
16 the following:
17 (1) Actions taken by the Secretary of Defense to
18 close military installations under Title II of the
19 Defense Authorization Amendments and Base Closure and
20 Realignment Act (Public Law 100-526; 10 U.S.C. 2687
21 note), the Defense Base Closure and Realignment Act of
22 1990 (part A of title XXIX of Public Law 101-510; 10
23 U.S.C. 2687 note) or Section 2687 of Title 10 of the
24 United States Code (10 U.S.C. 2687), as supplemented and
25 amended, have an adverse socioeconomic impact upon the
26 State residents due to the loss of civilian job
27 opportunities, the transfer of permanently stationed
28 military personnel, the decline in population, the
29 vacancy of existing buildings, structures, residential
30 housing units and other facilities, the burden of
31 assuming and maintaining existing utility systems, and
32 the erosion of the State's economic base.
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1 (2) The redevelopment and reuse by the public and
2 private sectors of any military installation closed by
3 the Secretary of Defense and converted to civilian use is
4 impaired due to little or no platting of any of the land,
5 deleterious land use and layout, lack of community
6 planning, depreciation of physical maintenance, presence
7 of structures below minimum code standards, excessive
8 vacancies, lack of adequate utility services and need to
9 improve transportation facilities.
10 (3) The closing of military installations within
11 the State is a serious menace to the health, safety,
12 morals, and general welfare of the people of the entire
13 State.
14 (4) Protection against the economic burdens
15 associated with the closing of military installations,
16 the consequent spread of economic stagnation, the
17 impairments to redevelopment and reuse, and the resulting
18 harm to the tax base of the State can best be provided by
19 promoting, attracting and stimulating commerce, industry,
20 manufacturing and other public and private sector
21 investment within the State.
22 (5) The continual encouragement, redevelopment,
23 reuse, growth, and expansion of commercial businesses,
24 industrial and manufacturing facilities and other public
25 and private investment on closed military installations
26 within the State requires a cooperative and continuous
27 partnership between government and the private sector.
28 (6) The State has a responsibility to create a
29 favorable climate for new and improved job opportunities
30 for its citizens and to increase the tax base of the
31 State and its political subdivisions by encouraging the
32 redevelopment and reuse by the public and private sectors
33 of new commercial businesses, industrial and
34 manufacturing facilities, and other civilian uses with
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1 respect to the vacant buildings, structures, residential
2 housing units, and other facilities on closed military
3 miliary installations within the State.
4 (7) The lack of redevelopment and reuse of closed
5 military installations within the State has persisted,
6 despite efforts of State and local authorities and
7 private organizations to attract new commercial
8 businesses, industrial and manufacturing facilities and
9 other public and private sector investment for civilian
10 use to closed military installations within the State.
11 (8) The economic burdens associated with the
12 closing of military installations within the State may
13 continue and worsen if the State and its political
14 subdivisions are not able to provide additional
15 incentives to commercial businesses, industrial and
16 manufacturing facilities, and other public and private
17 investment for civilian use, to locate on closed military
18 installations within the State.
19 (9) The provision of additional incentives by the
20 State and its political subdivisions is intended to
21 relieve conditions of unemployment, create new job
22 opportunities, increase industry and commerce, increase
23 the tax base of the State and its political subdivisions,
24 and alleviate vacancies and conditions leading to
25 deterioration and blight on closed military installations
26 within the State, thereby creating job opportunities and
27 eradicating deteriorating and blighting conditions for
28 the residents of the State and reducing the evils
29 attendant upon unemployment and blight.
30 (b) It is hereby declared to be the policy of the State,
31 in the interest of promoting the health, safety, morals, and
32 general welfare of all the people of the State, to provide
33 incentives that will create new job opportunities and
34 eradicate potentially blighted conditions on closed military
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1 installations within the State, and it is further declared
2 that the relief of conditions of unemployment, the creation
3 of new job opportunities, the increase of industry and
4 commerce within the State, the alleviation of vacancies and
5 conditions leading to deterioration and blight, the reduction
6 of the evils of unemployment, and the increase of the tax
7 base of the State and its political subdivisions are public
8 purposes and for the public safety, benefit, and welfare of
9 the residents of this State.
10 (Source: P.A. 89-176, eff. 1-1-96; revised 6-27-97.)
11 Section 58. The Interstate Airport Authorities Act is
12 amended by changing Section 4 as follows:
13 (70 ILCS 10/4) (from Ch. 15 1/2, par. 254)
14 Sec. 4. The airport authority shall have the power to:
15 (1) Operate and conduct an airport;
16 (2) Operate farming operations on real estate
17 appurtenant to the airport;
18 (3) Exercise the power of eminent domain in accordance
19 with the laws of the state in which the airport is located;
20 (4) Maintain, operate and extend water and sewer systems
21 on the real estate of the land appurtenant to the airport,
22 and make and collect charges for services;
23 (5) Construct and lease industrial and aviation
24 buildings on the land appurtenant to the airport;
25 (6) Lease land, now owned by any combining governmental
26 unit, suitable for an airport facility, for a term of not
27 less than 99 ninety-nine years;
28 (7) Secure expert guidance on the development of an area
29 air facility to the end that the interests of the area are
30 best served; and to implement that development within the
31 laws of the party states;
32 (8) Establish and fix by ordinance a restricted zone for
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1 such distances in any direction from the boundaries of such
2 airport facility as in the opinion of the airport authority
3 is necessary and practicable, regulating the height of
4 structures to provide free air space for access by aircraft
5 and for the safe use of the airport, all in a manner not in
6 conflict with the existing laws of the party state in which
7 the airport is located;:
8 (9) Accept, receive and receipt for federal moneys and
9 other moneys, public or private, for the acquisition,
10 construction, enlargement, improvement, maintenance,
11 equipment or operation of airports and other air navigation
12 facilities and sites therefor;
13 (10) Buy and sell machinery for aviation purposes; and
14 to negotiate and contract for personal services, materials
15 and supplies: Provided, That whenever personal property is to
16 be purchased or sold, there shall be due notice and
17 competitive bidding as directed and required by the laws of
18 the state in which the airport is located; and
19 (11) Perform all functions and do all acts that are
20 necessary to the total development of a commercial and
21 industrial air facility, not inconsistent with the laws of
22 the party states.
23 (Source: Laws 1963, P. 2121; revised 8-8-97.)
24 Section 59. The Civic Center Code is amended by changing
25 Sections 105-5, 170-30, 255-45, and 255-90 as follows:
26 (70 ILCS 200/105-5)
27 Sec. 105-5. Definitions. When used in this Article:
28 "Authority" means the Illinois-Michigan Canal National
29 Heritage Corridor Civic Center Authority.
30 "Board" means the governing and administrative body of
31 the Illinois-Michigan Canal National Heritage Corridor Civic
32 Center Authority.
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1 "Metropolitan area" means all that territory in the State
2 of Illinois lying within the municipalities of Lyons, McCook,
3 Hodgkins Hodgins, Countryside, Indianhead Park, Willow
4 Springs, Justice, Bridgeview, Bedford Park, Summit and
5 Lemont, and all the incorporated area lying within the
6 Village of Burr Ridge, all the unincorporated area lying
7 within Cook and DuPage County, which is bounded on the North
8 by the north line of the Des Plaines River, on the west by a
9 line 10,000 feet west of the center line of Illinois Rt. 83,
10 on the south by the north line of the Sanitary & Ship Canal,
11 and all the unincorporated area lying within Cook and DuPage
12 County which is bounded on the northwest by the north line of
13 the Sanitary Drainage & Ship Canal, on the South by the
14 Calumet Sag Channel, and on the East by the center line of
15 Illinois Rt. 83, and all the area not lying within a city,
16 village or incorporated town lying within Lemont Township
17 which is located north of a line commencing at the
18 intersection of the east line of Lemont Township and McCarthy
19 Road (123rd Street), thence westerly until the intersection
20 of McCarthy Road and Archer Avenue, thence southwesterly
21 until the intersection of Archer Avenue and 127th Street,
22 thence westerly to the west line of Lemont Township, and all
23 the unincorporated municipal area lying within Community
24 College District No. 524, located in Lyons and Palos
25 Townships, lying north of a line commencing at a point which
26 is the intersection lines of Harlem Avenue and Archer Road,
27 thence southwesterly along the center line of Archer Road to
28 the center line of 96th Avenue (LaGrange Road), thence
29 southerly along said center line of 96th Avenue to the center
30 line of McCarthy Road (123rd Street), thence westerly along
31 the center line of McCarthy Road to the west line of Palos
32 Township.
33 (Source: P.A. 90-328, eff. 1-1-98; revised 12-16-97.)
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1 (70 ILCS 200/170-30)
2 Sec. 170-30. Tax. If a majority of the voters of the
3 said metropolitan area approve the issuance of bonds as
4 provided in Section 170-25, the Authority shall have power to
5 levy and collect annually a sum sufficient to pay for the
6 annual principal and interest charges by a sum equal to such
7 grants or matching grants as the Authority shall receive, in
8 any year, for this purpose.
9 Such taxes proposed by the Authority to be levied upon
10 the taxable property within the metropolitan area shall be
11 levied by ordinance. After the ordinance has been adopted it
12 shall, within 10 days after its passage, be published once in
13 a newspaper published and having a general circulation within
14 the metropolitan area. A certified copy of such levy
15 ordinance shall be filed with the county clerk no later than
16 the 3rd Tuesday in September in each year. Thereupon the
17 county clerk shall extend such tax; provided the aggregate
18 amount of taxes levied for any one year shall not exceed the
19 rate of .0005% of the full fair cash value, as equalized or
20 assessed by the Department of Revenue.
21 (Source: P.A. 90-328, eff. 1-1-98; revised 11-14-97.)
22 (70 ILCS 200/255-45)
23 Sec. 255-45. Borrowing; general obligation and revenue
24 bonds; backdoor referendum. The Authority may borrow money
25 for the purpose of carrying out its duties and exercising its
26 powers under this Article, and issue its general obligation
27 and revenue bonds as evidence of the indebtedness incurred.
28 In addition to other purposes, such bonds may be issued for
29 the purpose of refunding outstanding general obligation or
30 revenue bonds of the Authority. Such general obligation and
31 revenue bonds shall be in the form, shall mature at the time
32 (no later than 40 years from the date of issuance), shall
33 bear interest at the rates (not to exceed the maximum rate
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1 authorized by the Bond Authorization Act, as amended at the
2 time of the making of the contract), shall be executed by the
3 officers and shall be sold in the manner as the Board shall
4 determine; except that if issued to bear interest at the the
5 maximum rate authorized by the Bond Authorization Act, as
6 amended at the time of the making of the contract, the bonds
7 shall be sold for not less than par and accrued interest, and
8 that the selling prices of bonds bearing interest at a rate
9 of less than the maximum rate authorized by the Bond
10 Authorization Act, as amended at the time of the making of
11 the contract, shall be such that the interest cost to the
12 Authority of the money received from the sale of the bonds
13 shall not exceed the maximum rate authorized by the Bond
14 Authorization Act, as amended at the time of the making of
15 the contract, computed to absolute maturity of the bonds in
16 accordance with standard tables of bond values. In case any
17 officer whose signature appears on any bond ceases, after
18 affixing his signature, to hold office, his signature shall
19 nevertheless be valid and effective for all purposes.
20 Before any such bonds (for which a referendum is not
21 required by Section 255-50) may be authorized to be issued,
22 the Board shall by ordinance propose the issuance of the
23 bonds. This ordinance shall set forth the total principal
24 amount of bonds proposed to be issued and shall in a general
25 way describe the purpose for which the bonds are to be
26 issued. After this ordinance has been passed by the Board it
27 shall within 10 days be published once in a newspaper
28 published and having a general circulation within the
29 metropolitan area. The publication of the ordinance shall
30 include a notice of (1) the specific number of voters
31 required to sign a petition requesting that the question of
32 the adoption of the ordinance be submitted to the electors of
33 the metropolitan area; (2) the time in which the petition
34 must be filed; and (3) the date of the prospective
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1 referendum. The Secretary of the Board shall provide a
2 petition form to any individual requesting one.
3 If within 30 days after the publication of the ordinance
4 proposing the issuance of bonds for which a referendum is not
5 required by Section 255-50, a petition signed by registered
6 voters of the metropolitan area equal to 10% or more of the
7 registered voters in the metropolitan area, is filed with the
8 Secretary of the Board asking for a referendum on the
9 proposition to issue the bonds, the Board shall certify the
10 proposition, in the form provided by Section 255-50, to the
11 proper election officials in accordance with the general
12 election law. If no such petition or no valid petition is
13 filed within 30 days after the publication of the ordinance,
14 it shall then be in effect. If such a petition is so filed
15 the ordinance proposing the issuance of the bonds shall not
16 be in effect and the bonds proposed by the ordinance shall
17 not be issued until the proposition has been approved by a
18 majority of the voters of the metropolitan area voting on the
19 proposition.
20 When the ordinance proposing the issuance of the bonds is
21 in effect, the Board may by ordinance authorize the issuance
22 of such bonds setting forth the maturity schedule, interest
23 rate, form and other details of the bonds and their issuance.
24 A copy of the ordinance so authorizing the issuance of the
25 bonds certified by the secretary shall be filed in the office
26 of the county clerk.
27 With respect to instruments for the payment of money
28 issued under this Section either before, on, or after the
29 effective date of Public Act 86-4, it is and always has been
30 the intention of the General Assembly (i) that the Omnibus
31 Bond Acts are and always have been supplementary grants of
32 power to issue instruments in accordance with the Omnibus
33 Bond Acts, regardless of any provision of this Article that
34 may appear to be or to have been more restrictive than those
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1 Acts, (ii) that the provisions of this Section are not a
2 limitation on the supplementary authority granted by the
3 Omnibus Bond Acts, and (iii) that instruments issued under
4 this Section within the supplementary authority granted by
5 the Omnibus Bond Acts are not invalid because of any
6 provision of this Article that may appear to be or to have
7 been more restrictive than those Acts.
8 (Source: P.A. 90-328, eff. 1-1-98; revised 1-24-98.)
9 (70 ILCS 200/255-90)
10 Sec. 255-90. Organization of the Board. As soon as
11 practicably possible after the appointment of the initial
12 members and, thereafter, within 15 days of each election of
13 members, the Board shall organize for the transaction of
14 business, select a chairman, vice-chairman, and a temporary
15 secretary from its own number, and adopt by-laws and
16 regulations to govern its proceedings. The initial chairman
17 and his successors shall be elected by the Board from time to
18 time for the term of his office as a member of the Board.
19 Terms of members are subject to Section 2A-54 of the Election
20 Code.
21 (Source: P.A. 90-328, eff. 1-1-98; incorporates 90-358, eff.
22 1-1-98; revised 10-27-97.)
23 Section 60. The East St. Louis Area Development Act is
24 amended by changing the title of the Act as follows:
25 (70 ILCS 505/Act title)
26 An Act creating the East St. Louis Area Development
27 Authority, to define its powers, responsibilities and duties,
28 and to establish the framework for a cooperative coopertive
29 relationship between such Authority and existing State and
30 Federal departments and agencies, and units of local
31 government and school districts.
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1 Section 61. The Tri-County River Valley Development
2 Authority Law is amended by changing Section 2004 as follows:
3 (70 ILCS 525/2004) (from Ch. 85, par. 7504)
4 Sec. 2004. Establishment.
5 (a) There is hereby created a political subdivision,
6 body politic and municipal corporation named the Tri-County
7 River Valley Development Authority. The territorial
8 jurisdiction of the Authority is that geographic area within
9 the boundaries of Peoria, Tazewell and Woodford counties in
10 the State of Illinois and any navigable waters and air space
11 located therein.
12 (b) The governing and administrative powers of the
13 Authority shall be vested in a body consisting of 11 members
14 including, as ex officio members, the Director of Commerce
15 and Community Affairs, or his or her designee, and the
16 Director of Natural Resources, or that Director's designee.
17 The other 9 members of the Authority shall be designated
18 "public members", 3 of whom shall be appointed by the
19 Governor, 3 of whom shall be appointed one each by the county
20 board chairmen of Peoria, Tazewell and Woodford counties and
21 3 of whom shall be appointed one each by the city councils of
22 East Peoria, Pekin and Peoria. All public members shall
23 reside within the territorial jurisdiction of this Act. Six
24 members shall constitute a quorum. The public members shall
25 be persons of recognized ability and experience in one or
26 more of the following areas: economic development, finance,
27 banking, industrial development, small business management,
28 real estate development, community development, venture
29 finance, organized labor or civic, community or neighborhood
30 organization. The Chairman of the th Authority shall be
31 elected by the Board annually from the 6 members appointed by
32 the county board chairmen and city councils.
33 (c) The terms of all members of the Authority shall
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1 begin 30 days after the effective date of this Article. Of
2 the 9 public members appointed pursuant to this Act, 3 shall
3 serve until the third Monday in January 1992, 3 shall serve
4 until the third Monday in January 1993, and 3 shall serve
5 until the third Monday in January 1994. All successors shall
6 be appointed by the original appointing authority and hold
7 office for a term of 3 years commencing the third Monday in
8 January of the year in which their term commences, except in
9 case of an appointment to fill a vacancy. Vacancies
10 occurring among the public members shall be filled for the
11 remainder of the term. In case of vacancy in a
12 Governor-appointed membership when the Senate is not in
13 session, the Governor may make a temporary appointment until
14 the next meeting of the Senate when a person shall be
15 nominated to fill such office, and any person so nominated
16 who is confirmed by the Senate shall hold office during the
17 remainder of the term and until a successor shall be
18 appointed and qualified. Members of the Authority shall not
19 be entitled to compensation for their services as members but
20 may be reimbursed for all necessary expenses incurred in
21 connection with the performance of their duties as members.
22 (d) The Governor may remove any public member of the
23 Authority in case of incompetency, neglect of duty, or
24 malfeasance in office.
25 (e) The Board may appoint an Executive Director who
26 shall have a background in finance, including familiarity
27 with the legal and procedural requirements of issuing bonds,
28 real estate or economic development and administration. The
29 Executive Director shall hold office at the discretion of the
30 Board. The Executive Director shall be the chief
31 administrative and operational officer of the Authority,
32 shall direct and supervise its administrative affairs and
33 general management, shall perform such other duties as may be
34 prescribed from time to time by the members and shall receive
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1 compensation fixed by the Authority. The Executive Director
2 shall attend all meetings of the Authority; however, no
3 action of the Authority shall be invalid on account of the
4 absence of the Executive Director from a meeting. The
5 Authority may engage the services of such other agents and
6 employees, including attorneys, appraisers, engineers,
7 accountants, credit analysts and other consultants, as it may
8 deem advisable and may prescribe their duties and fix their
9 compensation.
10 (f) The Board may, by majority vote, nominate up to 4
11 non-voting members for appointment by the Governor.
12 Non-voting members shall be persons of recognized ability and
13 experience in one or more of the following areas: economic
14 development, finance, banking, industrial development, small
15 business management, real estate development, community
16 development, venture finance, organized labor or civic,
17 community or neighborhood organization. Non-voting members
18 shall serve at the pleasure of the Board. All non-voting
19 members may attend meetings of the Board and may be
20 reimbursed as provided in subsection (c).
21 (g) The Board shall create a task force to study and
22 make recommendations to the Board on the economic development
23 of the territory within the jurisdiction of this Act. The
24 members of the task force shall reside within the territorial
25 jurisdiction of this Article, shall serve at the pleasure of
26 the Board and shall be persons of recognized ability and
27 experience in one or more of the following areas: economic
28 development, finance, banking, industrial development, small
29 business management, real estate development, community
30 development, venture finance, organized labor or civic,
31 community or neighborhood organization. The number of
32 members constituting the task force shall be set by the Board
33 and may vary from time to time. The Board may set a specific
34 date by which the task force is to submit its final report
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1 and recommendations to the Board.
2 (Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)
3 Section 62. The Downstate Forest Preserve District Act
4 is amended by changing Section 2 as follows:
5 (70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
6 Sec. 2. The proposition shall be substantially in the
7 following form:
8 -------------------------------------------------------------
9 "Shall there be organized a forest
10 preserve district in accordance with
11 the order of the judge of the circuit
12 court of .... county, under the date YES
13 of the .... day of ...., 19...,
14 191.., to be known as (insert here
15 the name of the proposed district as ------------------
16 entered in the order of the judge of
17 the circuit court) and described as
18 follows: (insert description of the NO
19 proposed district as entered in the
20 order of the judge of the circuit
21 court)" [?]
22 -------------------------------------------------------------
23 The clerk of the circuit court of the such county shall
24 cause a statement of the result of the such referendum in the
25 proposed each district to be filed in the records of the
26 circuit court of the such county, and if a majority of the
27 votes cast in the proposed any district upon the such
28 question is found to be in favor of the organization of a
29 such forest preserve district, the proposed such forest
30 preserve district shall thenceforth be deemed an organized
31 forest preserve district under this Act.
32 (Source: P.A. 83-343; revised 8-11-97.)
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1 Section 63. The Mosquito Abatement District Act is
2 amended by changing Section 3 as follows:
3 (70 ILCS 1005/3) (from Ch. 111 1/2, par. 76)
4 Sec. 3. The determination of the court as to the
5 necessity for the organization of the proposed mosquito
6 abatement district, together with the description of the
7 boundaries of such district as fixed by such court, shall be
8 entered of record in of the court. Thereupon the court shall
9 certify the question of the organization of the territory
10 included within the boundaries fixed by it as a mosquito
11 abatement district to the proper election officials who shall
12 submit the question to the legal voters resident within such
13 territory at an election to be held in the district. Notice
14 of such referendum shall be given and the referendum
15 conducted in the manner provided by the general election law.
16 The notice of such election shall state the purpose of the
17 referendum, describe the territory proposed to be organized
18 as a mosquito abatement district, and state the time of such
19 election.
20 The proposition shall be in substantially the following
21 form:
22 -------------------------------------------------------------
23 Shall this territory (describing YES
24 it) be organized as The .......... ------------------------
25 Mosquito Abatement District? NO
26 -------------------------------------------------------------
27 The court shall cause a statement of the result to be
28 entered of record in the court.
29 (Source: P.A. 83-343; revised 12-18-97.)
30 Section 64. The Park District Code is amended by
31 changing Section 8-21 as follows:
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1 (70 ILCS 1205/8-21) (from Ch. 105, par. 8-21)
2 Sec. 8-21. Each park district may insure against any
3 loss or liability of the park district, members of the park
4 board, and employees thereof, by reason of civil rights
5 damage claims and suits, constitutional rights damage claims
6 and suits, death and bodily injury damage claims and suits,
7 and property damage claims and suits, including defense
8 thereof, when damages are sought for negligent or wrongful
9 acts allegedly committed within the scope of employment, or
10 under the direction, of the park board. Such insurance shall
11 be carried with a company licensed to write such coverage in
12 this State.
13 Each park district may provide for or participate in the
14 provision of insurance protection and benefits for its
15 employees and their dependents, including but not limited to
16 retirement annuities, and medical, surgical and
17 hospitalization benefits, in such types and amounts as shall
18 be determined by the board, for the purposes of aiding in
19 securing and retaining the services of competent employees.
20 Where employee participation in such provision is involved,
21 the board, with the consent of the employee, may withhold
22 deductions from the employee's salary necessary to defray the
23 employee's share of such insurance costs. Such insurance or
24 benefits may be contracted for only with an insurance company
25 authorized to do business in this State, or any non-profit
26 hospital service corporation organized under the Non-Profit
27 Health Care Service Plan Act or incorporated under the
28 Medical Service Plan Act. Such insurance may include
29 provision for employees and their dependents who rely on
30 treatment by prayer or spiritual means alone for healing, in
31 accordance with the tenets and practice of a recognized
32 religious denomination.
33 For the purposes of this Section, "dependent" means an
34 employee's spouse and any unmarried child (1) under the age
-435- LRB9000999EGfgam01
1 of 19 years, including (a) an adopted child and (b) a
2 stepchild or recognized child who lives with the employee in
3 a regular parent-child relationship or (2) under the age of
4 23 who is enrolled as a full-time student in any accredited
5 school, college or university.
6 (Source: P.A. 83-807; revised 1-21-98.)
7 Section 65. The Chicago Park District Act is amended by
8 changing Section 17 as follows:
9 (70 ILCS 1505/17) (from Ch. 105, par. 333.17)
10 Sec. 17. Fiscal year; budget report; appropriation
11 ordinance.
12 (a) After the year in which this Act is adopted, the
13 fiscal year of the Chicago Park District shall commence on
14 the first day of January and end on the thirty-first day of
15 December. This period shall constitute the budget year of the
16 district. The fiscal provisions set forth in this Section
17 shall apply only in the years following the year of the
18 adoption of this Act.
19 (b) At least 60 days before the beginning of each fiscal
20 year, the secretary shall prepare and submit to the president
21 a budget report to the commission which shall include, among
22 other things, a statement of proposed expenditures for the
23 ensuing fiscal year. The statement of proposed expenditures
24 shall show separately the amounts for ordinary recurring
25 expenses, for extraordinary expenditures, for debt service,
26 and for capital outlays and shall be accompanied by detailed
27 estimates of expenditure requirements setting forth the
28 objects of expenditure (such as personal service, contractual
29 services, supplies and materials, and the like) and showing
30 further classification, by character, object, or purpose, as
31 required by the system of expenditure accounts adopted by the
32 commission. The secretary shall also submit with his or her
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1 statement of proposed expenditures (i) a consolidated summary
2 statement of the financial condition of the district; (ii)
3 classified statements of income and receipts and of
4 expenditures and disbursements for the last completed fiscal
5 year and as estimated for the fiscal year then in progress;
6 and (iii) a statement of the means of financing the
7 operations of the district, indicating the cash and other
8 current resources to be available at the beginning of the
9 next fiscal year and the estimated cash receipts of that
10 year. Estimated receipts from taxes levied from property
11 shall in no event exceed an amount produced by multiplying
12 the maximum statutory rate of tax by the last known assessed
13 valuation of taxable property within the district as
14 equalized for State and county taxes. The secretary shall
15 submit, with the budget report, a draft of an appropriation
16 ordinance and a pertinent description of the proposed
17 financial and operating program and of its anticipated
18 effects on the district's finances and affairs.
19 (c) The amounts of proposed expenditures, and of
20 revenues for appropriations, as set forth in the proposed
21 appropriation ordinance shall include, in addition to the
22 other requirements for operation, maintenance, and
23 improvement, the full amounts reasonably to be anticipated as
24 needed for (i) interest on district debt coming due and
25 payable, (ii) paying off principal debt maturing during the
26 year, (iii) annual installments on sinking funds for the
27 meeting of any anticipated cash deficit from the operations
28 of the fiscal year then in progress, (iv) payments due to any
29 retirement or other special funds, (v) paying off any final
30 judgments in effect at the time, (vi) making good any
31 deficiency in any sinking, endowment, or trust fund to be
32 kept inviolate, and (vii) any payments for any contracts for
33 capital improvements properly entered into during the current
34 fiscal year or any previous fiscal year for work to be
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1 performed in the fiscal year for which the budget is
2 prepared. These requirements shall be adequately provided for
3 in the appropriation ordinance adopted by the commission.
4 (d) Upon receiving the budget report, the commission
5 shall make the report and a tentative budget appropriation
6 bill available to public inspection for at least 10 days by
7 having at least 3 copies of the report and bill on file in
8 the office of the district secretary. The commission shall
9 hold at least one public hearing on the budget report and
10 tentative budget appropriation bill. Seven days public notice
11 of the hearing shall be given by at least one publication in
12 a newspaper having a general circulation in the district.
13 (e) After the hearing, the commission shall consider the
14 budget report and shall, before the beginning of the new
15 fiscal year, adopt an annual appropriation ordinance in which
16 the commission shall appropriate the sums of money required
17 to meet all necessary expenditures during the fiscal year. In
18 no event shall the aggregate amounts appropriated exceed the
19 total means of financing. The vote of the commissioners upon
20 the appropriation ordinance shall be taken by yeas and nays
21 and recorded in the proceedings of the commission.
22 (f) Except as otherwise provided in this subsection (f),
23 after the adoption of the appropriation ordinance, the
24 commission shall not make any further or other appropriation
25 before the adoption or passage of the next succeeding annual
26 appropriation ordinance and shall have no power either
27 directly or indirectly to make any contract or do any act
28 that will add to the expense or liabilities of the district a
29 sum over and above the amount provided for in the annual
30 appropriation ordinance for that fiscal year.
31 Notwithstanding the foregoing provision, the commission may
32 adopt a supplemental appropriation ordinance for any
33 corporate purpose in an amount not in excess of any
34 additional receipts available to the Chicago Park District,
-438- LRB9000999EGfgam01
1 or estimated to be received by the district, after the
2 adoption of the annual appropriation ordinance. The
3 supplemental appropriation ordinance shall, however, only
4 affect revenue that becomes available after the annual
5 appropriation ordinance is adopted. For purposes of
6 supplemental appropriation ordinances, notice of the public
7 hearing at which the ordinance is to be considered shall be
8 given by publishing notice of the hearing at least once no
9 less than 10 days before the hearing.
10 (g) When the voters have approved a bond ordinance for a
11 particular purpose and the bond ordinance had not been passed
12 at the time of the adoption of the annual appropriation
13 ordinance, the commission may pass a supplemental
14 appropriation ordinance (upon compliance with the terms of
15 this Act) making appropriations for the particular purpose
16 for which the bonds were authorized. Nothing in this Act
17 shall be construed to forbid the commission from making any
18 expenditure or incurring any liability rendered necessary to
19 meet emergencies such as floods, fires, storms, unforeseen
20 damages, or other catastrophes catastrophies happening after
21 the annual appropriation ordinance has been passed or
22 adopted. Nothing contained in this Act shall be construed to
23 deprive the commission of the power to provide for and cause
24 to be paid from the district's funds any charge upon the
25 district imposed by law without the action of the commission.
26 (h) The Chicago Park District shall, at any time after
27 the beginning of each fiscal year, have power to authorize
28 the making of transfers among appropriations within a
29 department or other separate division under its jurisdiction
30 or of sums of money appropriated for one object or purpose to
31 another object or purpose. The commission shall adopt an
32 ordinance establishing procedures by which the transfers
33 shall be made. In no event shall transfers from
34 appropriations for ordinary recurring expenses to
-439- LRB9000999EGfgam01
1 appropriations for capital outlays or from capital outlays to
2 ordinary recurring expenses be authorized or made. No
3 appropriation for any purpose shall be reduced below an
4 amount sufficient to cover all unliquidated and outstanding
5 contracts or obligations certified from or against the
6 appropriation for that purpose.
7 (i) No contract shall be made or expense or liability
8 incurred by the commission, by any member or committee of the
9 commission, or by any person or persons for or on its behalf,
10 notwithstanding the expenditures may have been ordered by the
11 commission, unless an appropriation for the contract,
12 expense, or liability has been previously made by the
13 commission in the manner provided in this Section. No
14 officer or employee employe shall during a fiscal year
15 expend, or contract to be expended, any money or incur any
16 liability or enter into any contract that by its terms
17 involves the expenditures of money for any purpose for which
18 provisions are made in the appropriation ordinance in excess
19 of the amounts appropriated in the ordinance. Any contract,
20 verbal or written, made in violation of this Section shall be
21 null and void as to the district, and no moneys belonging to
22 the district shall be paid on the contract. Nothing
23 contained in this subsection (i) shall prevent the making of
24 contracts for the lawful purposes of the district for a
25 period of more than one year, but any contract so made shall
26 be executory only for the amounts for which the district may
27 become lawfully liable in succeeding fiscal years.
28 (j) If, at the termination of any fiscal year or at the
29 time when the appropriation ordinance is required to have
30 been passed and published as provided by this Act, the
31 appropriations necessary for the support of the district for
32 the ensuing fiscal year have not been made, the several
33 amounts appropriated in the last appropriation ordinance for
34 the objects and purposes specified in that ordinance, so far
-440- LRB9000999EGfgam01
1 as the amounts related to operation and maintenance expenses,
2 shall be deemed to be re-appropriated for the several objects
3 and purposes specified in the last appropriation ordinance.
4 Until the commission acts in that behalf, the proper officer
5 shall make the payments necessary for the support of the
6 district on the basis of the preceding fiscal year.
7 (k) The appropriation ordinance shall not be construed
8 as an approval by the commission of any contract liabilities
9 or of any project or purpose mentioned in the ordinance but
10 should be regarded only as a provision of a fund or funds for
11 the payment of the liabilities, project, or purpose when
12 contract liabilities have been found to be valid and legal
13 obligations against such district and when properly
14 vouchered, audited, and approved by the commission, or when
15 any project or purpose is approved and authorized by the
16 commission, as the case may be.
17 (l) During the year in which this Act is adopted, the
18 commissioners of the Chicago Park District shall provide for
19 the necessary expenses of the district by ordinance filed in
20 the records of the commission, and no expenditure shall be
21 made nor obligation incurred except pursuant to that
22 ordinance.
23 (Source: P.A. 87-1274; revised 6-27-97.)
24 Section 66. The Havana Regional Port District Act is
25 amended by changing Section 28 as follows:
26 (70 ILCS 1805/28) (from Ch. 19, par. 628)
27 Sec. 28. The Board shall appoint a secretary and a
28 treasurer, who need not be members of the Board, to hold
29 office during the pleasure of the Board, and fix their duties
30 and compensation. Before entering upon the duties of their
31 respective offices each shall take and subscribe the
32 constitutional oath of office, and the treasurer shall
-441- LRB9000999EGfgam01
1 execute a bond in the amount and with corporate sureties
2 approved by the Board. The bond shall be payable to the
3 District in whatever penal sum is directed by the Board,
4 conditioned upon the faithful performance of the duties of
5 the office and the payment of all money received by him
6 according to law and the orders of the Board. The Board may,
7 at any time, require a new bond from the treasurer in such
8 penal sum as may then be determined by the Board. The
9 obligation of the sureties shall not extend to any loss
10 sustained by insolvency, failure or closing of any savings
11 and loan association or national or State bank wherein the
12 treasurer has deposited funds if the bank or savings and loan
13 association has been approved by the Board as a depositary
14 for these funds. The oaths of office and the treasurer's bond
15 shall be filed in the principal office of the Port District.
16 (Source: P.A. 83-541; revised 12-18-97.)
17 Section 67. The Jackson-Union Counties Regional Port
18 District Act is amended by changing Sections 2.21 and 16 as
19 follows:
20 (70 ILCS 1820/2.21) (from Ch. 19, par. 852.21)
21 Sec. 2.21. "Mayor" means the mayor, president, or other
22 chief elected official of the following municipalities, as
23 the case may require: of the City of Grand Tower, the Village
24 chief elected official of Dowell, the City chief elected
25 official of Ava, the Mayor of the City of Murphysboro, the
26 Mayor of the City of Carbondale, the Mayor of the City of
27 Anna, the President of the Village of Cobden, the President
28 of the Village of Makanda, the Mayor of the City of
29 Jonesboro, the Village Mayor of the City of Alto Pass, the
30 Village Mayor of the City of Elkville, the President of the
31 Village of Dongola, the President of the Village of Campbell
32 Hill, the President of the Village of Mill Creek, the
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1 President of the Village of Vergennes, the Village Mayor of
2 the City of DeSoto Desota, and the Village Mayor of the City
3 of Gorham, as the case may require.
4 (Source: P.A. 79-1475; revised 6-27-97.)
5 (70 ILCS 1820/16) (from Ch. 19, par. 866)
6 Sec. 16. The Governor shall appoint 4 members of the
7 Board, each Mayor of the municipalities of Grand Tower,
8 Jonesboro, Gorham, Murphysboro, Carbondale, Anna, Cobden,
9 Makanda, Ava, Mill Creek, Elkville, Alto Pass, Vergennes,
10 Dowell, DeSoto Desota, Campbell Hill, and Dongola shall
11 appoint one member of the Board, and each County Board of
12 Jackson County and Union County shall appoint one member of
13 the Board. All initial appointments shall be made within 60
14 days after this Act takes effect. Of the 4 members initially
15 appointed by the Governor 2 shall be appointed for initial
16 terms expiring June 1, 1978, and 2 for an initial term
17 expiring June 1, 1979. The terms of the members initially
18 appointed by the respective Mayors and County Boards shall
19 expire June 1, 1979. At the expiration of the term of any
20 member, his successor shall be appointed by the Governor, the
21 respective Mayors, or the respective County Boards in like
22 manner and with like regard to place of residence of the
23 appointee, as in the case of appointments for the initial
24 terms.
25 After the expiration of initial terms, each successor
26 shall hold office for the term of 3 years beginning the first
27 day of June of the year in which the term of office
28 commences. In the case of a vacancy during the term of
29 office of any member appointed by the Governor, the Governor
30 shall make an appointment for the remainder of the term
31 vacant and until a successor is appointed and qualified. In
32 case of a vacancy during the term of office of any member
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1 appointed by a Mayor, the proper Mayor shall make an
2 appointment for the remainder of the term vacant and until a
3 successor is appointed and qualified. In case of a vacancy
4 during the term of office of any member appointed by a County
5 Board, the proper County Board shall make an appointment for
6 the remainder of the term vacant and until a successor is
7 appointed and qualified. The Governor, each Mayor, and each
8 County Board shall certify their respective appointments to
9 the Secretary of State. Within 30 days after certification
10 of his appointment, and before entering upon the duties of
11 his office, each member of the Board shall take and subscribe
12 the constitutional oath of office and file it in the office
13 of the Secretary of State.
14 Every person appointed to the Board after the effective
15 date of this amendatory Act of 1981 shall be a resident of
16 the unit of local government which makes the appointment.
17 Persons appointed by the Governor shall reside in the
18 district.
19 (Source: P.A. 82-388; revised 6-27-97.)
20 Section 68. The Sanitary District Act of 1907 is amended
21 by changing Section 27.1 as follows:
22 (70 ILCS 2205/27.1) (from Ch. 42, par. 273.1)
23 Sec. 27.1. The board of trustees of any sanitary
24 district may arrange to provide for the benefit of employees
25 and trustees of the sanitary district group life, health,
26 accident, hospital and medical insurance, or any one or any
27 combination of such types of insurance. Such insurance may
28 include provision for employees and trustees who rely on
29 treatment by prayer or spiritual means alone for healing in
30 accordance with the tenets and practice of a well recognized
31 religious denomination. The board of trustees may provide
32 for payment by the sanitary district of the premium or charge
-444- LRB9000999EGfgam01
1 for such insurance.
2 If the board of trustees do not provide for a plan
3 pursuant to which the sanitary district pays the premium or
4 charge for any group insurance plan, the board of trustees
5 may provide for the withholding and deducting from the
6 compensation of such of the employees and trustees as consent
7 thereto the premium or charge for any group life, health,
8 accident, hospital and medical insurance.
9 The board of trustees may exercise the powers granted in
10 this section only if the kinds of such group insurance are
11 obtained from any insurance company authorized to do business
12 in the State of Illinois or any non-profit hospital service
13 corporation organized under the provisions of the Non-Profit
14 Hospital Service Plan Act, as heretofore and hereafter
15 amended, or incorporated under the provisions of the Medical
16 Service Plan Act, as heretofore and hereafter amended, or any
17 other organization or service offering similar coverage. The
18 board of trustees may enact an ordinance prescribing the
19 method of operation of such insurance program.
20 (Source: Laws 1963, p. 2756; revised 1-21-98.)
21 Section 69. The North Shore Sanitary District Act is
22 amended by changing Sections 12 and 29 as follows:
23 (70 ILCS 2305/12) (from Ch. 42, par. 288)
24 Sec. 12. The board of trustees may levy and collect other
25 taxes for corporate purposes upon property within the
26 territorial limits of the sanitary district, the aggregate
27 amount of which for each year may not exceed .083% of value,
28 as equalized or assessed by the Department of Revenue, except
29 that if a higher rate has been established by referendum
30 before August 2, 1965, it shall continue. If the board
31 desires to levy such taxes at a rate in excess of .083% but
32 not in excess of .35% of the value of all taxable property
-445- LRB9000999EGfgam01
1 within the district as equalized or assessed by the
2 Department of Revenue, they shall order the question to be
3 submitted at an election to be held within the district. The
4 certification and submission of the question and the election
5 shall be governed by the general election law. Upon the
6 filing of a petition signed by 10% of the registered voters
7 of the district, . the right to levy an additional tax, or
8 any portion thereof, authorized by the legal voters, may at
9 any time after one or more tax levies thereunder, be
10 terminated by a majority vote of the electors of the district
11 at a referendum. The trustees of the district shall certify
12 the proposition to the proper election officials, who shall
13 submit the proposition at an election in accordance with the
14 general election law.
15 In addition to the other taxes authorized by this
16 Section, the board of trustees may levy and collect, without
17 referendum, a tax for the purpose of paying the cost of
18 operation of the chlorination of sewage, or other means of
19 disinfection or additional treatment as may be required by
20 water quality standards approved or adopted by the Pollution
21 Control Board or by the court, which tax is not subject to
22 the rate limitations imposed by this Section but may be
23 extended at a rate not to exceed .03% of the value of all
24 taxable property within the district as equalized or assessed
25 by the Department of Revenue.
26 Such tax may be extended at a rate in excess of .03% but
27 not to exceed .05%, providing the question of levying such
28 increase has first been submitted to the voters of such
29 district at any regular election held in such district in
30 accordance with the general election law and has been
31 approved by a majority of such voters voting thereon.
32 The board shall cause the amount required to be raised by
33 taxation in each year to be certified to the county clerk by
34 the second Tuesday in September, as provided in Section 157
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1 of the General Revenue Law of Illinois. All taxes so levied
2 and certified shall be collected and enforced in the same
3 manner and by the same officers as State and county taxes,
4 and shall be paid over by the officers collecting the same to
5 the treasurer of the sanitary district in the manner and at
6 the time provided by the General Revenue Law of Illinois.
7 The treasurer shall, when the moneys of the district are
8 deposited with any bank or savings and loan association,
9 require that bank or savings and loan association to pay the
10 same rates of interest for the moneys deposited as the bank
11 or savings and loan association is accustomed to pay to
12 depositors under like circumstances, in the usual course of
13 its business. All interest so paid shall be placed in the
14 general funds of the district, to be used as other moneys
15 belonging to the district raised by general taxation or sale
16 of water.
17 No bank or savings and loan association shall receive
18 public funds as permitted by this Section, unless it has
19 complied with the requirements established pursuant to
20 Section 6 of "An Act relating to certain investments of
21 public funds by public agencies", approved July 23, 1943, as
22 now or hereafter amended.
23 In addition to the foregoing, the Board of Trustees shall
24 have all of the powers set forth in Division 7 of Article 8
25 of the Illinois Municipal Code until September 10, 1986.
26 (Source: P.A. 83-541; revised 12-18-97.)
27 (70 ILCS 2305/29) (from Ch. 42, par. 296.9)
28 Sec. 29. The board of trustees of any sanitary district
29 may arrange to provide for the benefit of employees and
30 trustees of the sanitary district group life, health,
31 accident, hospital and medical insurance, or any one or any
32 combination of those types of insurance. Such insurance may
33 include provision for employees and trustees who rely on
-447- LRB9000999EGfgam01
1 treatment by prayer or spiritual means alone for healing in
2 accordance with the tenets and practice of a well recognized
3 religious denomination. The board of trustees may provide
4 for payment by the sanitary district of the premium or charge
5 for such insurance.
6 If the board of trustees does not provide for a plan
7 pursuant to which the sanitary district pays the premium or
8 charge for any group insurance plan, the board of trustees
9 may provide for the withholding and deducting from the
10 compensation of such of the employees and trustees as consent
11 thereto the premium or charge for any group life, health,
12 accident, hospital and medical insurance.
13 The board of trustees may exercise the powers granted in
14 this Section only if the kinds of group insurance are
15 obtained from an insurance company authorized to do business
16 in the State of Illinois, from a non-profit hospital service
17 corporation organized under the Non-Profit Hospital Service
18 Plan Act, as heretofore and hereafter amended, or
19 incorporated under the Medical Service Plan Act, as
20 heretofore and hereafter amended, or from any other
21 organization or service offering similar coverage. The board
22 of trustees may enact an ordinance prescribing the method of
23 operation of such an insurance program.
24 (Source: Laws 1967, p. 3808; revised 1-21-98.)
25 Section 70. The Sanitary District Act of 1917 is amended
26 by changing Sections 25 and 26 as follows:
27 (70 ILCS 2405/25) (from Ch. 42, par. 317g)
28 Sec. 25. The board of trustees of any sanitary district
29 may arrange to provide for the benefit of employees and
30 trustees of the sanitary district group life, health,
31 accident, hospital and medical insurance, or any one or any
32 combination of such types of insurance. Such insurance may
-448- LRB9000999EGfgam01
1 include provision for employees and trustees who rely on
2 treatment by prayer or spiritual means alone for healing in
3 accordance with the tenets and practice of a well recognized
4 religious denomination. The board of trustees may provide
5 for payment by the sanitary district of the premium or charge
6 for such insurance.
7 If the board of trustees do not provide for a plan
8 pursuant to which the sanitary district pays the premium or
9 charge for any group insurance plan, the board of trustees
10 may provide for the withholding and deducting from the
11 compensation of such of the employees and trustees as consent
12 thereto the premium or charge for any group life, health,
13 accident, hospital and medical insurance.
14 The board of trustees may exercise the powers granted in
15 this section only if the kinds of such group insurance are
16 obtained from any insurance company authorized to do business
17 in the State of Illinois, or any non-profit hospital service
18 corporation organized under the provisions of the Non-Profit
19 Hospital Service Plan Act, as heretofore and hereafter
20 amended, or incorporated under the provisions of the Medical
21 Service Plan Act, as heretofore and hereafter amended, or any
22 other organization or service offering similar coverage. The
23 board of trustees may enact an ordinance prescribing the
24 method of operation of such insurance program.
25 (Source: Laws 1963, p. 2755; revised 1-21-98.)
26 (70 ILCS 2405/26) (from Ch. 42, par. 317h)
27 Sec. 26. (1) The terms used in this Section are defined
28 as follows:
29 The term "Board of Trustees" means the Board of Trustees
30 of a sanitary district organized under this Act.
31 The term "District Director" means the chief
32 administrative officer of such sanitary district.
33 The term "Waters" means all accumulations of water,
-449- LRB9000999EGfgam01
1 surface and underground, natural and artificial, public and
2 private, or parts thereof, which are wholly or partially
3 within, or flow through, the territorial boundaries of such
4 sanitary district.
5 The term "Wastewater" means the combination of liquid and
6 water-carried wastes from residences, commercial buildings,
7 industrial plants and institutions, including polluted
8 cooling water.
9 The term "Sanitary Wastewater" means the combination of
10 liquid and water-carried wastes discharged from toilet and
11 other sanitary plumbing facilities.
12 The term "Industrial Wastewater" means a combination of
13 liquid and water-carried waste, discharged from any
14 industrial establishment and resulting from any trade or
15 process carried on in that establishment including the
16 wastewater from pretreatment facilities and polluted cooling
17 water.
18 The term "Combined Wastewater" means wastewater including
19 sanitary wastewater, industrial wastewater, storm water,
20 infiltration and inflow carried to the sewage treatment plant
21 by a sewer.
22 The term "Pollutant" means any dredged spoil, solid
23 waste, incinerator residue, sewage, garbage, sewage sludge,
24 munitions, chemical wastes, biological materials, radioactive
25 materials, heat, wrecked or discharged equipment, rock, sand,
26 cellar dirt and industrial, municipal, and agricultural waste
27 discharged into any waters as will or is likely to create a
28 nuisance or render such waters harmful or detrimental or
29 injurious to public health, safety or welfare, or to
30 domestic, commercial, industrial, agricultural, recreational,
31 or other legitimate uses, or to livestock, wild animals,
32 birds, fish, or other aquatic life, or causes or may cause
33 interference with the operation of the sanitary district
34 sewage treatment plant.
-450- LRB9000999EGfgam01
1 The term "Interference" means an inhibition or disruption
2 of the sanitary district's sewage treatment plant, its
3 treatment processes or operations, or its sludge processes,
4 use or disposal which is a cause of or significantly
5 contributes to either a violation of any requirement of the
6 sewage treatment work's ability to discharge to the waters of
7 the State of Illinois or to the prevention of sewage sludge
8 use or disposal by the sewage treatment work in accordance
9 with the applicable statutory and regulatory provisions.
10 The term "Person" means any and all persons, natural or
11 artificial, including any individual, firm or association,
12 and any unit of local government or private corporation
13 organized or existing under the laws of this or any other
14 state or country.
15 (2) The sanitary district, acting through the District
16 Director, may study, investigate and from time to time
17 determine ways and means of removing from the water within
18 such sanitary district so far as is practicable, all
19 pollutants in accordance with Federal and State statutes and
20 applicable regulations, and to determine methods of abating
21 such pollutants that are detrimental to public health or to
22 animals, fish or aquatic life, or detrimental to the
23 practicable use of the waters for purposes of recreation,
24 industry or agriculture, or which interfere or might
25 interfere with the operation of such sanitary district's
26 sewage treatment plant.
27 (3) The sanitary district may by ordinance provide that
28 no user who is planning to discharge into any waters,
29 pollutants or wastewater which may cause the pollution of
30 such waters within such sanitary district, may make such
31 discharge unless a written permit or permits for such
32 discharge have been granted by the sanitary district acting
33 through its Board of Trustees. The sanitary district may by
34 ordinance provide that no changes in or additions to a user's
-451- LRB9000999EGfgam01
1 discharge into any waters, including changes in or additions
2 to the method of treating of wastewater or pollutants, may be
3 made within such sanitary district unless and until the
4 proposed changes have been submitted to and approved by the
5 sanitary district and a permit or permits have been issued
6 therefor by the Board of Trustees.
7 (4) Plans and specifications describing any discharges
8 set forth in this Act shall be submitted to the sanitary
9 district before a written permit or permits may be issued.
10 Construction of any facilities required by such plans and
11 specifications must be in accordance with such plans and
12 specifications. In case it is necessary or desirable to make
13 material changes in said plans or specifications, the revised
14 plans or specifications, together with the reasons for the
15 proposed changes must be submitted to the sanitary district
16 for a revised or supplemental written permit.
17 (5) The sanitary district, acting through the District
18 Director, may require any user, other than a user discharging
19 only domestic strength waste, which is discharging to the
20 sanitary district, to file with it complete plans of the
21 whole or of any part of its wastewater discharge system and
22 any other information and records concerning the installation
23 and operation of such system.
24 (6) The sanitary district, acting through the District
25 Director, may establish procedures for the review of any
26 plans, specifications or other data relative to any user's
27 wastewater discharge system, for which this Act requires a
28 written permit or permits.
29 (7) The sanitary district, acting through the District
30 Director, may adopt and enforce rules and regulations
31 governing the issuance of permits and the method and manner
32 under which plans, specifications, or other data relative
33 thereto must be submitted for such wastewater discharge
34 systems or for additions to, changes in or extensions of such
-452- LRB9000999EGfgam01
1 wastewater discharge systems.
2 (8) Whenever the sanitary district, acting through the
3 District Director, determines that wastewater or pollutants
4 are being discharged into any waters and when, in the opinion
5 of the District Director, such discharge pollutes the same or
6 renders such waters incapable of use for the purposes stated
7 herein, the District Director may by conference, conciliation
8 and persuasion, endeavor to the fullest extent possible to
9 eliminate such discharge or cause such discharger to cease
10 such pollution. The District Director shall not hold more
11 than one such conference for any single user in any
12 consecutive 12 month period before calling for a Show Cause
13 Hearing as set forth herein. In addition, nothing in this
14 Section shall prohibit the Director, upon discovery of an
15 ongoing or potential discharge of pollutants to the sewage
16 treatment works which reasonably appears to present an
17 imminent danger to the health or welfare of persons, from
18 seeking and obtaining from the Circuit Court of the county in
19 which the such sanitary district is located a Temporary
20 Restraining Order to halt or prohibit such discharge or from
21 proceeding under any other provision of this Act; and
22 provided further, that where the Director discovers an
23 ongoing or potential discharge to its sewage treatment works
24 which presents or may present a danger to the environment or
25 which threatens to interfere or interferes with the operation
26 of its treatment works, he may call a Show Cause Hearing as
27 set forth herein without the requirement for such process of
28 conference, conciliation and persuasion.
29 In the case of the failure by conference, conciliation
30 and persuasion to correct or remedy any claimed violation,
31 the District Director may order whoever causes such discharge
32 to show cause before the Board of Trustees of such sanitary
33 district why such discharge should not be discontinued. A
34 notice may be served on the offending party directing him or
-453- LRB9000999EGfgam01
1 it to show cause before such Board of Trustees why an Order
2 should not be entered directing the discontinuance of such
3 discharge. Such notice shall specify the time and place
4 where a hearing will be held and shall be served personally
5 or by registered or certified mail at least 5 days before the
6 hearing; and in the case of a unit of local government or a
7 corporation, such service shall be upon an officer or agent
8 thereof. After reviewing the evidence, the Board of Trustees
9 may issue an order to the party responsible for such
10 discharge, directing that the user responsible shall cease
11 such discharge immediately or that following a specified time
12 such discharge shall cease or the discharge permit or permits
13 previously issued to such discharger shall be revoked
14 immediately or after a time certain, or shall issue such
15 other order as may serve to abate said discharge. If the
16 party fails to cease such discharge in accordance with the
17 Board's Order, the sanitary district may disconnect such
18 discharge on Order of the Board of Trustees.
19 (9) Any permit authorized and issued under the
20 provisions of this Act may, when necessary, in the opinion of
21 the District Director, to prevent pollution of such waters,
22 be revoked or modified by the Board of Trustees after
23 investigation, notice and hearing as provided in paragraph
24 (8) of this Section.
25 (10) A violation of an order of the Board of Trustees
26 shall be considered a nuisance. If any person discharges
27 sewage or industrial wastes or other wastes into any waters
28 contrary to the orders of the Board of Trustees, the sanitary
29 district, acting through the District Director, has the power
30 to commence an action or proceeding in the Circuit Court in
31 and for the county in which such sanitary district is located
32 for the purpose of having the discharge stopped either by
33 mandamus or injunction.
34 The Court shall specify a time, not exceeding 20 days
-454- LRB9000999EGfgam01
1 after the service of the copy of the Petition, in which the
2 party complained of must answer the Petition, and in the
3 meantime, the party may be restrained. In case of default in
4 answer or after answer, the Court shall immediately inquire
5 into the facts and circumstances of the case and enter any
6 appropriate judgment order in respect to the matters
7 complained of. An appeal may be taken from the final
8 judgment in the same manner and with the same effect as
9 appeals are taken from judgments of the Circuit Court in
10 other actions for mandamus or injunction.
11 (11) The Board of Trustees or any member thereof, or any
12 officer or employee designated by such Board, may conduct the
13 hearing and take the evidence provided for in paragraph (8)
14 of this Section, and transmit a report of the evidence and
15 hearing, together with recommendations, to the Board of
16 Trustees for action thereon.
17 At any public hearing, testimony must be taken under oath
18 and recorded stenographically. The transcript so recorded
19 must be made available to any member of the public or any
20 party to the hearing upon payment of the usual charges
21 therefor.
22 In any such hearing, the Board, or the designated member
23 or members, or any officer or employee of the District
24 designated by the Board, may subpoena and compel the
25 attendance of witnesses and the production of evidence
26 reasonably necessary to the resolution of the matter under
27 consideration. The Board, or the designated member or
28 members, or any officer or employee of the District
29 designated by the Board, shall issue such subpoenas upon the
30 request of any party to a Show Cause Hearing under paragraph
31 (8) of this Section or upon its own Motion, and may examine
32 witnesses.
33 (12) The provisions of the Administrative Review Law,
34 and the rules adopted pursuant thereto, apply to and govern
-455- LRB9000999EGfgam01
1 all proceedings for the judicial review of final
2 administrative decisions of the Board of Trustees hereunder.
3 The term "administrative decision" is defined as in Section
4 3-101 of the Code of Civil Procedure.
5 (13) Whoever violates any provisions of this Act or
6 fails to comply with an order of the Board of Trustees in
7 accordance with the provisions of this Act shall be fined not
8 less than $100 nor more than $1,000. Each day's continuance
9 of such violation or failure is a separate offense. The
10 penalties provided in this Section plus reasonable attorney's
11 fees, court costs and other expenses of litigation are
12 recoverable by the sanitary district upon its suit, as debts
13 are recoverable at law.
14 (Source: P.A. 83-1525; revised 12-18-97.)
15 Section 71. The Metropolitan Water Reclamation District
16 Act is amended by changing Sections 3.1, 5.7, 8a, and 19a as
17 follows:
18 (70 ILCS 2605/3.1) (from Ch. 42, par. 322.1)
19 Sec. 3.1. EPA Director. The Director of the
20 Environmental Protection Agency or his or her appointee may
21 attend, and participate in, meetings of the Metropolitan
22 Water Reclamation Sanitary District of Greater Chicago, but
23 he or she who shall have no vote at such meetings.
24 (Source: P.A. 76-2438; revised 1-15-98.)
25 (70 ILCS 2605/5.7) (from Ch. 42, par. 324q)
26 Sec. 5.7. The board of trustees of the district shall
27 consider the budget estimates as submitted to it by the
28 general superintendent and may add to, revise, alter,
29 increase or decrease the items contained in the budget.
30 However, in no event may the total aggregate proposed
31 expenditures in the budget exceed the total estimated means
-456- LRB9000999EGfgam01
1 of financing the budget.
2 The board of trustees shall, before January first of the
3 budget year, adopt the budget which is effective on January
4 first of the budget year. The appropriation ordinance and tax
5 levy ordinance must be parts of the budget and must be
6 adopted as a part thereof by single action of the board of
7 trustees. The appropriation ordinance must be filed with and
8 be a part of the tax levy ordinance, which tax levy ordinance
9 need not contain any further or additional specifications of
10 purposes, itemizations or details for which appropriations
11 and the levy are made. The board of trustees shall
12 appropriate such sums of money as may be necessary to defray
13 all necessary expenses and liabilities of the district to be
14 paid by the board of trustees or incurred during and until
15 the time of the adoption and effective date of the next
16 annual appropriation ordinance under this Section. The board
17 of trustees shall appropriate such sums of money as may be
18 necessary to pay the principal and interest on bonds. The
19 board may not expend any money or incur any indebtedness or
20 liability on behalf of the district in excess of the
21 percentage and several amounts limited by law, when applied
22 to the last known assessment. The appropriation ordinance
23 must specify the several funds, organization units, objects,
24 character and functions (activities) for which such
25 appropriations are made, and the amount appropriated for each
26 fund, organization unit, object, character, and function
27 (activity). The receipts of the district as estimated in the
28 budget and as provided for by the tax levy ordinances and
29 other revenues and borrowing Acts or ordinances are
30 applicable in the amounts and according to the funds
31 specified in the budget for the purpose of meeting the
32 expenditures authorized by the appropriate ordinance. The
33 vote of the board of trustees upon the budget shall be taken
34 by yeas and nays, and shall be entered in the proceedings of
-457- LRB9000999EGfgam01
1 the board of trustees.
2 The appropriation ordinance may be amended at the next
3 regular meeting of the board of trustees occurring before
4 January first of the budget year and not less than 5 days
5 after the passage thereof in like manner as other ordinances.
6 If any items of appropriations contained therein are vetoed
7 by the president of the board, with recommendations for
8 alterations or changes therein, the adoption of such
9 recommendations by a yea and nay vote is the equivalent of an
10 amendment of such annual appropriation ordinance with like
11 effect as if an amendatory ordinance had been passed.
12 Such appropriation ordinance together with other parts of
13 the budget as the board of trustees desire must be published
14 in a newspaper of general circulation in the district and
15 made conveniently available for inspection by the public.
16 Such publication must be made after the date of passage of
17 such budget and before January 20 of the budget year, but the
18 date of publication does not affect the legality of the
19 appropriation ordinance or the tax levy ordinance or any
20 other ordinances necessary to give effect to the budget.
21 Such ordinances are effective on the first day of January of
22 the budget year.
23 The Clerk shall certify that such appropriation ordinance
24 as published is a true, accurate and complete copy of the
25 appropriation ordinance as passed and approved by the board
26 of trustees. The board of trustees shall also make public, by
27 publication or otherwise, at this time, the tax rate
28 necessary or estimated to be necessary to finance the budget
29 as adopted.
30 After adoption of the appropriation ordinance, the board
31 of trustees may not make any further or other appropriation
32 prior to the adoption or passage of the next succeeding
33 annual appropriation ordinance. The board has no power,
34 either directly or indirectly, to make any contract or to
-458- LRB9000999EGfgam01
1 take any action which adds to the total of district
2 expenditures or liabilities in any budget year any sum over
3 and above the amount provided for in the annual appropriation
4 ordinance for the budget year. However, the board of
5 trustees has the power, anything in this Act to the contrary
6 notwithstanding, if after the adoption of the appropriation
7 ordinance (1) federal or State grants or loans are accepted,
8 (2) the voters approve a bond ordinance for a particular
9 purpose or the issuance of bonds is otherwise authorized by
10 law, or (3) duly authorized bonds of the district remaining
11 unissued and unsold have been cancelled and any ordinance has
12 been adopted by the board of trustees under Section 9 of this
13 Act authorizing the issuance of bonds not exceeding in the
14 aggregate the amount of bonds so cancelled, to pass a
15 supplemental appropriation ordinance (in compliance with the
16 provisions of this Act as to publication and voting thereon
17 by the board of trustees) making appropriation, for the
18 particular purpose only as set forth in the ordinance, of the
19 proceeds of the grants, loans, or bond issue or any part
20 thereof required to be expended during the fiscal year.
21 However, nothing herein contained prevents the board of
22 trustees, by a concurring vote of two-thirds of all the
23 trustees (votes to be taken by yeas and nays and entered in
24 the proceeding of the board of trustees), from making any
25 expenditures or incurring any liability rendered necessary to
26 meet emergencies such as epidemics, flood, fire, unforeseen
27 damages or other catastrophes catastrophies, happening after
28 the annual appropriation ordinance has been passed or
29 adopted,. nor does anything herein deprive the board of
30 trustees of the power to provide for and cause to be paid
31 from the district funds any charge upon the district imposed
32 by law without the action of the board of trustees.
33 (Source: P.A. 87-364; revised 6-27-97.)
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1 (70 ILCS 2605/8a) (from Ch. 42, par. 327a)
2 Sec. 8a. The Sanitary District, in addition to the other
3 powers vested in it, is empowered, with the approval of the
4 Department of Natural Resources as successor to the
5 Department of Transportation and the Department of Purchases
6 and Construction of the State of Illinois, through its
7 Director, to remise, release, quit claim, grant, convey and
8 transfer all its right, title and interest in and to any and
9 all lands, tenements and hereditaments and in and to any and
10 all property, including structures, of every kind and nature
11 or rights to or in, under, over and adjoining the Main
12 Channel, Main Channel Extension, Calumet-Sag Channel and the
13 North Shore Channel of the Sanitary District and for
14 improvements made by the Sanitary District in, under, over
15 and adjoining the Chicago River, the Calumet River, the Des
16 Plaines DesPlaines River and tributaries thereto, and any and
17 all other land, property or structures of the Sanitary
18 District, to the United States of America, the State of
19 Illinois, the County of Cook or/and any Municipal
20 Corporation, upon such terms as may be mutually agreed upon
21 by the Sanitary District and the United States of America,
22 the State of Illinois, the County of Cook or/and any
23 Municipal Corporation; and the Board of Trustees of the
24 Sanitary District is empowered to and may authorize the doing
25 of all things and acts, and the execution of such documents
26 and instruments and adopt such resolutions and ordinances in
27 connection therewith that may be required, and the provisions
28 of this Section 8a shall constitute complete authority for
29 the performance of all acts herein provided without reference
30 to other laws and shall be construed as conferring powers in
31 addition to, but not limiting, powers granted under other
32 existing laws.
33 Provided that The proceeds derived from any such sale or
34 transfer to the United States of America shall, unless
-460- LRB9000999EGfgam01
1 Congress shall otherwise provide, be used only for paying the
2 costs of controlling works in the Chicago River, the
3 completion, construction and enlargement of sewage treatment
4 works, and additions therefor, pumping stations, tunnels,
5 conduits and intercepting sewers connecting therewith, and
6 outlet sewers, together with the equipment and appurtenances
7 necessary thereto, and for the acquisition of the sites and
8 rights of way necessary thereto, and for engineering expenses
9 for designing and supervising the construction of the works
10 above described, which works are made necessary by the decree
11 of the Supreme Court of the United States in the consolidated
12 cases entitled "Wisconsin et al. v. The State of Illinois and
13 The Sanitary District of Chicago", numbers 7, 11 and 12
14 original.;
15 Provided, however, that Any excess of the proceeds, not
16 required for the cost of construction of the works made
17 necessary by the decree, may be used for the construction of
18 sewage disposal plants and equipment thereof, pumping
19 stations, and intercepting sewers and appurtenances thereto,
20 the acquisition of sites and easements therefor and the
21 expense of design and supervision of the construction
22 thereof.
23 (Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)
24 (70 ILCS 2605/19a) (from Ch. 42, par. 340)
25 Sec. 19a. No person shall be an incompetent judge or
26 juror by reason of his being an inhabitant or or owner or
27 life tenant of real estate in any sanitary district formed
28 under the provisions hereof in any action in which such
29 sanitary district may be a party in interest.
30 (Source: P.A. 84-551; revised 6-27-97.)
31 Section 72. The Sanitary District Act of 1936 is amended
32 by changing Sections 1 and 4.1 as follows:
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1 (70 ILCS 2805/1) (from Ch. 42, par. 412)
2 Sec. 1. Incorporation; referendum.
3 (a) Any area of contiguous territory within the limits
4 of a single county and without the limits of any city,
5 village or incorporated town, may be incorporated as a
6 sanitary district under this Act in the manner provided in
7 this Section. following:
8 (b) Any 20% of the legal voters residing, resident
9 within the limits of the such proposed sanitary district, may
10 petition the Circuit Court in the county in which the
11 proposed district is situated, to cause to be submitted to
12 the legal voters of the such proposed sanitary district the
13 question of as to whether the such proposed territory shall
14 be organized as a sanitary district under this Act. The Such
15 petition shall be addressed to the Circuit Court and shall
16 contain a definite description of the boundaries of the
17 territory to be embraced in the such district, and the name
18 of the such proposed sanitary district.
19 (c) Upon filing of the such petition in the office of
20 the circuit clerk in the county in which the such proposed
21 sanitary district is situated, it shall be the duty of the
22 Circuit Court shall to name 3 judges of the such court who
23 shall constitute a board of commissioners, which shall have
24 power and authority to consider the boundaries of the such
25 proposed sanitary district and whether the such boundaries
26 shall be as described in the such petition or otherwise. The
27 decision of 2 two of the such commissioners shall be
28 conclusive and shall not be subject to review in any manner,
29 directly or indirectly.
30 (d) Notice shall be given by the Circuit Court of the
31 time and place where the such commissioners will meet, by a
32 publication of such notice at least 20 days prior to the such
33 meeting in one or more daily or weekly newspapers published
34 in the such proposed district or and, if no such newspaper is
-462- LRB9000999EGfgam01
1 published in the such proposed district, then by the posting
2 of at least 5 five copies of the such notice in the such
3 proposed district at least 20 days before the such hearing.
4 (e) At the such meeting all persons who reside resident
5 in the such proposed district shall have an opportunity to be
6 heard and to make suggestions regarding touching the location
7 and boundary of the such proposed district and to make
8 suggestions regarding the same. The Such commissioners,
9 after hearing statements, evidence and suggestions, shall fix
10 and determine the boundaries of the such proposed district,
11 and for that purpose and to that extent they, may alter and
12 amend the such petition. After the such determination by the
13 commissioners, or a majority of them, their determination
14 shall be incorporated in an order, which shall be entered of
15 record in the Circuit Court.
16 (f) Upon the entering of the such order, the Circuit
17 Court shall certify the the question of the organization and
18 establishment of the proposed sanitary district, with the
19 boundaries as determined by the commissioners, to the
20 appropriate election authorities who shall submit the
21 question at an election in accordance with the general
22 election law. In addition to the requirements of the general
23 election law, notice shall specify briefly the purpose of the
24 such election, with a description of the such proposed
25 sanitary district.
26 (g) Each legal voter resident within the such proposed
27 sanitary district shall have the right to cast a ballot at
28 the such referendum. The question shall be in substantially
29 the following form:
30 -------------------------------------------------------------
31 For Sanitary District
32 -------------------------------------------------------------
33 Against Sanitary District
34 -------------------------------------------------------------
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1 (h) The Circuit Court shall cause a statement of the
2 result of the such referendum to be entered of record in the
3 Circuit Court. If a majority of the votes cast upon the
4 question of the organization and establishment of the
5 proposed sanitary district shall be in favor of the
6 organization and establishment of the proposed sanitary
7 district, the such proposed sanitary district shall
8 thenceforth be deemed to have been incorporated and to be an
9 organized sanitary district under this Act.
10 (Source: P.A. 83-343; revised 6-27-97.)
11 (70 ILCS 2805/4.1) (from Ch. 42, par. 415.1)
12 Sec. 4.1. The board of trustees of any sanitary district
13 may arrange to provide for the benefit of employees and
14 trustees of the sanitary district group life, health,
15 accident, hospital and medical insurance, or any one or any
16 combination of such types of insurance. Such insurance may
17 include provision for employees and trustees who rely on
18 treatment by prayer or spiritual means alone for healing in
19 accordance with the tenets and practice of a well recognized
20 religious denomination. The board of trustees may provide
21 for payment by the sanitary district of the premium or charge
22 for such insurance.
23 If the board of trustees do not provide for a plan
24 pursuant to which the sanitary district pays the premium or
25 charge for any group insurance plan, the board of trustees
26 may provide for the withholding and deducting from the
27 compensation of such of the employees and trustees as consent
28 thereto the premium or charge for any group life, health,
29 accident, hospital and medical insurance.
30 The board of trustees may exercise the powers granted in
31 this section only if the kinds of such group insurance are
32 obtained from any insurance company authorized to do business
33 in the State of Illinois, or any non-profit hospital service
-464- LRB9000999EGfgam01
1 corporation organized under the provisions of the Non-profit
2 Hospital Service Plan Act, as heretofore and hereafter
3 amended, or incorporated under the provisions of the Medical
4 Service Plan Act, as heretofore and hereafter amended, or any
5 other organization or service offering similar coverage. The
6 board of trustees may enact an ordinance prescribing the
7 method of operations of such insurance program.
8 (Source: Laws 1963, p. 2754; revised 1-21-98.)
9 Section 73. The Metro East Solid Waste Disposal and
10 Energy Producing Service Act is amended by changing Section 1
11 as follows:
12 (70 ILCS 3110/1) (from Ch. 111 1/2, par. 7101)
13 Sec. 1. Finding and Purpose. For the benefit of the
14 People of this State, the increase of their commerce, welfare
15 and prosperity, and the improvement of their health and
16 living conditions, it is essential that provision be made for
17 the efficient collection and disposal of waste on a district
18 basis from both public and private sources in compliance with
19 State and federal laws, regulations, and policies and for the
20 generation of energy and the recovery of usable resources
21 form such waste to the extent practicable. It is the purpose
22 of this Act to assist certain participating political
23 subdivisions of this State, other public entities and the
24 private sector of the economy to provide adequate waste
25 disposal facilities and facilities for the generation of
26 steam, electricity, or other forms of energy from fuels which
27 are derived from or are otherwise related to waste disposal
28 facilities by providing a coordinating agency and a financing
29 vehicle for such facilities. It is the purpose of this Act
30 to assist the participating municipalities to effect waste
31 disposal programs on a district basis and to that end this
32 Act provides for the creation of the Metro East Solid
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1 Disposal and Energy Producing Service. It is the intention
2 and purpose of this Act that, without in any way limiting the
3 discretion of the Service, the Service and the Environmental
4 Protection Agency are to cooperate to the maximum extent
5 practicable in effecting a district waste disposal and energy
6 generating program to service. the participating
7 municipalities.
8 (Source: P.A. 84-1320; revised 12-18-97.)
9 Section 74. The Surface Water Protection District Act is
10 amended by changing Section 19 as follows:
11 (70 ILCS 3405/19) (from Ch. 42, par. 466)
12 Sec. 19. Bonds. Any surface water protection district
13 may borrow money for its corporate purposes and may issue
14 bonds therefor, but shall not become indebted in any manner,
15 or for any purpose, in to an amount exceeding, in the
16 aggregate, to exceed 5% of the valuation of taxable property
17 therein, to be ascertained by the last equalized assessment
18 for State and county taxes previous to the incurring of such
19 indebtedness. Whenever the board of trustees of the such
20 district desires to issue bonds under this Section it
21 hereunder they shall, except as otherwise provided in Section
22 20a, certify the question to to the proper election
23 officials, who shall submit the question at an election in
24 accordance with the general election law. The result of the
25 referendum shall be entered upon the records of the district.
26 If a majority of the votes on the question are in favor of
27 the issuance issue of bonds, the board of trustees shall
28 order and direct the execution of the bonds for and on behalf
29 of the district. All bonds issued hereunder shall mature in
30 not exceeding 20 annual installments. The ballots for
31 elections held under this Section shall be in substantially
32 the following form:
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1 -------------------------------------------------------------
2 Shall .... Surface Water YES
3 Protection District issue bonds ------------------------
4 in the amount of .... dollars? NO
5 -------------------------------------------------------------
6 (Source: P.A. 81-1489; revised 6-27-97.)
7 Section 75. The Water Authorities Act is amended by
8 changing Section 2 as follows:
9 (70 ILCS 3715/2) (from Ch. 111 2/3, par. 224)
10 Sec. 2. The court shall canvass the returns of the
11 election and by written order shall determine and declare the
12 result thereof within the territory that shall be described
13 in the order, which order shall be entered of record in the
14 the court. If a majority of the votes cast upon the question
15 shall be in favor of the same, the order shall declare the
16 territory a duly organized water authority and a body
17 corporate and politic. In case the territory of the proposed
18 authority is situated in more than one county, then the court
19 shall cause a certified copy of the order to be filed with
20 the circuit clerk of each of the such other county or
21 counties, who shall cause the same to be filed of record in
22 their respective courts.
23 (Source: P.A. 83-343; revised 6-27-97.)
24 Section 76. The Illinois Local Library Act is amended by
25 changing Section 5-9 as follows:
26 (75 ILCS 5/5-9) (from Ch. 81, par. 5-9)
27 Sec. 5-9. Nothing in this Article 5 shall be construed as
28 limiting or affecting in any way the powers of boards of
29 trustees of township libraries under the Township Library
30 Bond Act "An Act to enable boards of of public libraries to
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1 borrow money for the erection or improvement of library
2 buildings or to purchase library sites", approved May 18,
3 1905, as heretofore and hereafter amended.
4 (Source: P.A. 84-770; revised 6-27-97.)
5 Section 77. The School Code is amended by setting forth
6 and renumbering multiple versions of Section 2-3.120 and
7 changing Sections 2-3.25g, 9-11.2, 10-10, 10-22.3a, 10-22.31,
8 17-2.2c, 18-8, and 18-8.05 as follows:
9 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
10 Sec. 2-3.25g. Waiver or modification of mandates within
11 the School Code and administrative rules and regulations.
12 Notwithstanding any other provisions of this School Code or
13 any other law of this State to the contrary, school districts
14 may petition the State Board of Education for the waiver or
15 modification of the mandates of this School Code or of the
16 administrative rules and regulations promulgated by the State
17 Board of Education. Waivers or modifications of
18 administrative rules and regulations and modifications of
19 mandates of this School Code may be requested when a school
20 district demonstrates that it can address the intent of the
21 rule or mandate in a more effective, efficient, or economical
22 manner or when necessary to stimulate innovation or improve
23 student performance. Waivers of mandates of the School Code
24 may be requested when the waivers are necessary to stimulate
25 innovation or improve student performance. Waivers may not
26 be requested from laws, rules, and regulations pertaining to
27 special education, teacher certification, or teacher tenure
28 and seniority.
29 School districts, as a matter of inherent managerial
30 policy, and any Independent Authority established under
31 Section 2-3.25f may submit an application for a waiver or
32 modification authorized under this Section. Each application
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1 must include a written request by the school district or
2 Independent Authority and must demonstrate that the intent of
3 the mandate can be addressed in a more effective, efficient,
4 or economical manner or be based upon a specific plan for
5 improved student performance and school improvement. Any
6 district requesting a waiver or modification for the reason
7 that intent of the mandate can be addressed in a more
8 economical manner shall include in the application a fiscal
9 analysis showing current expenditures on the mandate and
10 projected savings resulting from the waiver or modification.
11 Applications and plans developed by school districts must be
12 approved by each board of education following a public
13 hearing on the application and plan and the opportunity for
14 the board to hear testimony from educators directly involved
15 in its implementation, parents, and students. The public
16 hearing must be preceded by at least one published notice
17 occurring at least 7 days prior to the hearing in a newspaper
18 of general circulation within the school district that sets
19 forth the time, date, place, and general subject matter of
20 the hearing. The school district must notify in writing the
21 affected exclusive collective bargaining agent of the
22 district's intent to seek approval of a waiver or
23 modification and of the hearing to be held to take testimony
24 from educators. The affected exclusive collective bargaining
25 agents shall be notified of such public hearing at least 7
26 days prior to the date of the hearing and shall be allowed to
27 attend such public hearing.
28 A request for a waiver or modification of administrative
29 rules and regulations or for a modification of mandates
30 contained in this School Code shall be submitted to the State
31 Board of Education within 15 days after approval by the board
32 of education. Following receipt of the request, the State
33 Board shall have 45 days to review the application and
34 request. If the State Board fails to disapprove the
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1 application within that 45 day period, the waiver or
2 modification shall be deemed granted. The State Board may
3 disapprove any request if it is not based upon sound
4 educational practices, endangers the health or safety of
5 students or staff, compromises equal opportunities for
6 learning, or fails to demonstrate that the intent of the rule
7 or mandate can be addressed in a more effective, efficient,
8 or economical manner or have improved student performance as
9 a primary goal. Any request disapproved by the State Board
10 may be appealed to the General Assembly by the requesting
11 school district as outlined in this Section.
12 A request for a waiver from mandates contained in this
13 School Code shall be submitted to the State Board within 15
14 days after approval by the board of education. The State
15 Board shall review the applications and requests for
16 completeness and shall compile the requests in reports to be
17 filed with the General Assembly. The State Board shall file
18 reports outlining the waivers requested by school districts
19 and appeals by school districts of requests disapproved by
20 the State Board with the Senate and the House of
21 Representatives before each May 1 and October 1. The General
22 Assembly may disapprove the report of the State Board in
23 whole or in part within 30 calendar days after each house of
24 the General Assembly next convenes after the report is filed
25 by adoption of a resolution by a record vote of the majority
26 of members elected in each house. If the General Assembly
27 fails to disapprove any waiver request or appealed request
28 within such 30 day period, the waiver or modification shall
29 be deemed granted. Any resolution adopted by the General
30 Assembly disapproving a report of the State Board in whole or
31 in part shall be binding on the State Board.
32 An approved waiver or modification may remain in effect
33 for a period not to exceed 5 school years and may be renewed
34 upon application by the school district. However, such waiver
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1 or modification may be changed within that 5-year period by a
2 local school district board following the procedure as set
3 forth in this Section for the initial waiver or modification
4 request. If neither the State Board of Education nor the
5 General Assembly disapproves, the change is deemed granted.
6 On or before February 1, 1998, and each year thereafter,
7 the State Board of Education shall submit a cumulative report
8 summarizing all types of waiver mandates and modifications of
9 mandates granted by the State Board or the General Assembly.
10 The report shall identify the topic of the waiver along with
11 the number and percentage of school districts for which the
12 waiver has been granted. The report shall also include any
13 recommendations from the State Board regarding the repeal or
14 of modification of waived mandates.
15 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
16 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
17 (105 ILCS 5/2-3.120)
18 Sec. 2-3.120. Non-Public school students' access to
19 technology.
20 (a) The General Assembly finds and declares that the
21 Constitution of the State of Illinois provides that a
22 "fundamental goal of the People of the State is the
23 educational development of all persons to the limit of their
24 capacities", and that the educational development of every
25 school student serves the public purposes of the State. In
26 order to enable Illinois students to leave school with the
27 basic skills and knowledge that will enable them to find and
28 hold jobs and otherwise function as productive members of
29 society in the 21st Century, all students must have access to
30 the vast educational resources provided by computers. The
31 provisions of this Section are in the public interest, for
32 the public benefit, and serve a secular public purpose.
33 (b) The State Board of Education shall provide
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1 non-public schools with ports to the Board's statewide
2 educational network, provided that this access does not
3 diminish the services available to public schools and
4 students. The State Board of Education shall charge for this
5 access in an amount necessary to offset its cost. Amounts
6 received by the State Board of Education under this Section
7 shall be deposited in the School Technology Revolving Fund as
8 described in Section 2-3.121. The statewide network may be
9 used only for secular educational purposes.
10 (c) For purposes of this Section, a non-public school
11 means: (i) any non-profit, non-public college; or (ii) any
12 non-profit, non-home-based, non-public elementary or
13 secondary school that is in compliance with Title VI of the
14 Civil Rights Act of 1964 and attendance at which satisfies
15 the requirements of Section 26-1 of the School Code.
16 (Source: P.A. 90-463, eff. 8-17-97; 90-566, eff. 1-2-98.)
17 (105 ILCS 5/2-3.123)
18 Sec. 2-3.123. 2-3.120. Giant Steps pilot program. From
19 appropriations made for purposes of this Section, the State
20 Board of Education shall implement and administer a Giant
21 Steps pilot program for the study and evaluation of autism
22 and to provide related teacher training. The program shall
23 be operated over a period of 3 school years, beginning with
24 the 1997-1998 school year. The State Board of Education is
25 authorized to make grants to school districts that apply to
26 participate in the Giant Steps program as implemented and
27 administered by the State Board of Education. The State
28 Board of Education shall by rule provide the form of
29 application and criteria to be used and applied in selecting
30 participating school districts.
31 (Source: P.A. 90-498, eff. 8-18-97; revised 11-19-97.)
32 (105 ILCS 5/2-3.125)
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1 Sec. 2-3.125. 2-3.120. Arts and humanities organizations
2 and cultural institutions. The State Board of Education is
3 authorized to reimburse not-for-profit arts and humanities
4 organizations and cultural institutions of Illinois,
5 including but not limited to, museums and theater or dance
6 companies, for the costs of providing educational programs to
7 public elementary and secondary school students.
8 (Source: P.A. 90-361, eff. 1-1-98; revised 1-12-98.)
9 (105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
10 Sec. 9-11.2. For all school districts electing
11 candidates to a board of education in a manner other than at
12 large, candidates not elected at large who file nominating
13 petitions for a full term shall be grouped together by area
14 of residence as follows:
15 (1) by congressional townships, or
16 (2) according to incorporated or unincorporated areas,
17 or
18 (3) by affected school districts, if the form of ballot
19 prescribed by Format 2a or 2b of Section 9-12 is required to
20 be used for the election.
21 For all school districts electing candidates to a board
22 of education in a manner other than at large, candidates not
23 elected at large who file nominating petitions for an
24 unexpired term shall be grouped together by area of residence
25 as follows:
26 (1) by congressional townships, or
27 (2) according to incorporated or unincorporated areas,
28 or
29 (3) by affected school districts, if the form of ballot
30 prescribed by Format 2a or 2b of Section 9-12 is required to
31 be used for the election.
32 Except in those instances when the ballot under Format 5
33 of Section 9-12 is required to be used, candidate groupings
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1 by area of residence for full terms shall precede the
2 candidate groupings by area of residence for unexpired terms
3 on the ballot. In all instances, however, the ballot order of
4 each candidate grouping shall be determined by the order of
5 petition filing or lottery held pursuant to Section 9-11.1 in
6 the following manner:
7 The area of residence of the candidate determined to be
8 first by order of petition filing or by lottery shall be
9 listed first among the candidate groupings on the ballot.
10 All other candidates from the same area of residence will
11 follow according to order of petition filing or the lottery.
12 The area of residence of the candidate determined to be
13 second by the order of petition filing or the lottery shall
14 be listed second among the candidate groupings on the ballot.
15 All other candidates from the same area of residence will
16 follow according to the order of petition filing or the
17 lottery. The ballot order of additional candidate groupings
18 by area of residence shall be established in a like manner.
19 In any school district that elects its board members
20 according to area of residence and that has one or more
21 unexpired terms to be filled at an election, the winner or
22 winners of the unexpired term or terms shall be determined
23 first and independently of those running for full terms. The
24 winners of the full terms shall then be determined taking
25 into consideration the areas of residence of those elected to
26 fill the unexpired term or terms.
27 "Area of Residence" means congressional township,
28 incorporated and unincorporated territories, and, if the form
29 of ballot prescribed by Format 2a or 2b of Section 9-12 is
30 required to be used in electing candidates to a board of
31 education, affected school districts.
32 "Affected school district" means either of the 2 entire
33 elementary school districts that are formed into a combined
34 school district established as provided in subsection (a-5)
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1 of Section 11B-7.
2 (Source: P.A. 89-579, eff. 7-30-96; 90-59, eff. 7-3-97;
3 90-459, eff. 8-17-97; revised 11-14-97.)
4 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
5 Sec. 10-10. Board of education; Term; Vacancy. All
6 school districts having a population of not fewer than 1,000
7 and not more than 500,000 inhabitants, as ascertained by any
8 special or general census, and not governed by special Acts,
9 shall be governed by a board of education consisting of 7
10 members, serving without compensation except as herein
11 provided. Each member shall be elected for a term of 4 years
12 except as otherwise provided in subsection (a-5) of Section
13 11B-7 for the initial members of the board of education of a
14 combined school district to which that subsection applies. If
15 5 members are elected in 1983 pursuant to the extension of
16 terms provided by law for transition to the consolidated
17 election schedule under the general election law, 2 of those
18 members shall be elected to serve terms of 2 years and 3
19 shall be elected to serve terms of 4 years; their successors
20 shall serve for a 4 year term. When the voters of a district
21 have voted to elect members of the board of education for 6
22 year terms, as provided in Section 9-5, the terms of office
23 of members of the board of education of that district expire
24 when their successors assume office but not later than 7 days
25 after such election. If at the regular school election held
26 in the first odd-numbered year after the determination to
27 elect members for 6 year terms 2 members are elected, they
28 shall serve for a 6 year term; and of the members elected at
29 the next regular school election 3 shall serve for a term of
30 6 years and 2 shall serve a term of 2 years. Thereafter
31 members elected in such districts shall be elected to a 6
32 year term. If at the regular school election held in the
33 first odd-numbered year after the determination to elect
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1 members for 6 year terms 3 members are elected, they shall
2 serve for a 6 year term; and of the members elected at the
3 next regular school election 2 shall serve for a term of 2
4 years and 2 shall serve for a term of 6 years. Thereafter
5 members elected in such districts shall be elected to a 6
6 year term. If at the regular school election held in the
7 first odd-numbered year after the determination to elect
8 members for 6 year terms 4 members are elected, 3 shall serve
9 for a term of 6 years and one shall serve for a term of 2
10 years; and of the members elected at the next regular school
11 election 2 shall serve for terms of 6 years and 2 shall serve
12 for terms of 2 years. Thereafter members elected in such
13 districts shall be elected to a 6 year term. If at the
14 regular school election held in the first odd-numbered year
15 after the determination to elect members for a 6 year term 5
16 members are elected, 3 shall serve for a term of 6 years and
17 2 shall serve for a term of 2 years; and of the members
18 elected at the next regular school election 2 shall serve for
19 terms of 6 years and 2 shall serve for terms of 2 years.
20 Thereafter members elected in such districts shall be elected
21 to a 6 year term. An election for board members shall not be
22 held in school districts which by consolidation, annexation
23 or otherwise shall cease to exist as a school district within
24 6 six months after the election date, and the term of all
25 board members which would otherwise terminate shall be
26 continued until such district shall cease to exist. Each
27 member shall, on the date of his election, be a citizen of
28 the United States of the age of 18 years or over, a resident
29 of the State and the territory of the district for at least
30 one year immediately preceding his election, a registered
31 voter as provided in the general election law, and shall not
32 be a school trustee or a school treasurer. When the board of
33 education is the successor of the school directors, all
34 rights of property, and all rights regarding causes of action
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1 existing or vested in such directors, shall vest in it as
2 fully as they were vested in the school directors. Terms of
3 members are subject to Section 2A-54 of the Election Code.
4 Nomination papers filed under this Section are not valid
5 unless the candidate named therein files with the secretary
6 of the board of education or with a person designated by the
7 board to receive nominating petitions a receipt from the
8 county clerk showing that the candidate has filed a statement
9 of economic interests as required by the Illinois
10 Governmental Ethics Act. Such receipt shall be so filed
11 either previously during the calendar year in which his
12 nomination papers were filed or within the period for the
13 filing of nomination papers in accordance with the general
14 election law.
15 Whenever a vacancy occurs, the remaining members shall
16 notify the regional superintendent of that vacancy within 5
17 days after its occurrence and shall proceed to fill the
18 vacancy until the next regular school election, at which
19 election a successor shall be elected to serve the remainder
20 of the unexpired term. However, if the vacancy occurs with
21 less than 868 days remaining in the term, or if the vacancy
22 occurs less than 88 days before the next regularly scheduled
23 election for this office then the person so appointed shall
24 serve the remainder of the unexpired term, and no election to
25 fill the vacancy shall be held. Should they fail so to act,
26 within 45 days after the vacancy occurs, the regional
27 superintendent of schools under whose supervision and control
28 the district is operating, as defined in Section 3-14.2 of
29 this Act, shall within 30 days after the remaining members
30 have failed to fill the vacancy, fill the vacancy as provided
31 for herein. Upon the regional superintendent's failure to
32 fill the vacancy, the vacancy shall be filled at the next
33 regularly scheduled election. Whether elected or appointed
34 by the remaining members or regional superintendent, the
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1 successor shall be an inhabitant of the particular area from
2 which his or her predecessor was elected if the residential
3 requirements contained in Section 11A-8, 11B-7, or 12-2 of
4 this Act apply.
5 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96;
6 90-358, eff. 1-1-98; 90-459, eff. 8-17-97; revised 11-14-97.)
7 (105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
8 Sec. 10-22.3a. To provide for or to participate in
9 provisions for insurance protection and benefits for its
10 employees and their dependents including but not limited to
11 retirement annuities, medical, surgical and hospitalization
12 benefits in such types and amounts, if any, as shall be
13 determined by the board, for the purpose of aiding in
14 securing and retaining the services of competent employees.
15 Where employee participation in such provisions is involved,
16 the board, with the consent of the employee, may withhold
17 deductions from the employee's salary necessary to defray the
18 employee's share of such insurance costs. Such insurance or
19 benefits may be contracted for only with an insurance company
20 authorized to do business in this State, or any non-profit
21 hospital service corporation organized under the non-profit
22 Hospital Service Plan Act or incorporated under the Medical
23 Service Plan Act. Such insurance may include provisions for
24 employees and their dependents who rely on treatment by
25 prayer or spiritual means alone for healing, in accordance
26 with the tenets and practice of a recognized religious
27 denomination.
28 For purposes of this Section, the term "dependent" means
29 an employee's spouse and any unmarried child (1) under the
30 age of 19 years including (a) an adopted child and (b) a
31 step-child or recognized child who lives with the employee in
32 a regular parent-child relationship, or (2) under the age of
33 23 who is enrolled as a full-time student in any accredited
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1 school, college or university.
2 (Source: P. A. 76-26; revised 1-21-98.)
3 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
4 Sec. 10-22.31. Special education.
5 (a) To enter into joint agreements with other school
6 boards to provide the needed special educational facilities
7 and to employ a director and other professional workers as
8 defined in Section 14-1.10 and to establish facilities as
9 defined in Section 14-1.08 for the types of children
10 described in Sections 14-1.02 through 14-1.07. The director
11 (who may be employed under a multi-year contract as provided
12 in subsection (c) of this Section) and other professional
13 workers may be employed by one district, which shall be
14 reimbursed on a mutually agreed basis by other districts that
15 are parties to the joint agreement. Such agreements may
16 provide that one district may supply professional workers for
17 a joint program conducted in another district. Such
18 agreement shall provide that any full-time school
19 psychologist who is employed by a joint agreement program and
20 spends over 50% of his or her time in one school district
21 shall not be required to work a different teaching schedule
22 than the other school psychologists in that district. Such
23 agreement shall include, but not be limited to, provisions
24 for administration, staff, programs, financing, housing,
25 transportation, an advisory body, and for the withdrawal of
26 districts from the joint agreement. Except as otherwise
27 provided in Section 10-22.31.1, the withdrawal of districts
28 from the joint agreement shall be by petition to the regional
29 board of school trustees. Such agreement may be amended at
30 any time as provided in the joint agreement or, if the joint
31 agreement does not so provide, then such agreement may be
32 amended at any time upon the adoption of concurring
33 resolutions by the school boards of all member districts. A
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1 fully executed copy of any such agreement or amendment
2 entered into on or after January 1, 1989 shall be filed with
3 the State Board of Education. Such petitions for withdrawal
4 shall be made to the regional board of school trustees of all
5 counties having jurisdiction over one or more of the
6 districts in the joint agreement. Upon receipt of a petition
7 for withdrawal, the regional boards of school trustees having
8 jurisdiction over the cooperating districts shall publish
9 notice of and conduct a joint hearing on the issue as
10 provided in Section 7-6. No such petition may be considered,
11 however, unless in compliance with Section 7-8. If approved
12 by a 2/3 vote of all trustees of those regional boards, at a
13 joint meeting, the withdrawal takes effect as provided in
14 Section 7-9 of this Act.
15 (b) To either (1) designate an administrative district
16 to act as fiscal and legal agent for the districts that are
17 parties to the joint agreement, or (2) designate a governing
18 board composed of one member of the school board of each
19 cooperating district and designated by such boards to act in
20 accordance with the joint agreement. No such governing board
21 may levy taxes and no such governing board may incur any
22 indebtedness except within an annual budget for the joint
23 agreement approved by the governing board and by the boards
24 of at least a majority of the cooperating school districts or
25 a number of districts greater than a majority if required by
26 the joint agreement. If more than 17 school districts are
27 parties to the joint agreement, the governing board may
28 appoint an executive board of at least 7 members to
29 administer the joint agreement in accordance with its terms.
30 However, if 20 school districts, a majority of which are
31 located wholly or partially in a county with a population in
32 excess of 3,000,000 inhabitants, are parties to a joint
33 agreement that does not have an administrative district: (i)
34 at least a majority of the members appointed by the governing
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1 board to the executive board shall be members of the school
2 boards of the cooperating districts; and (ii) if the
3 governing board wishes to appoint members who are not school
4 board members, they shall be superintendents from the
5 cooperating districts.
6 (c) To employ a director of a joint agreement program
7 under a multi-year contract. No such contract can be offered
8 or accepted for less than or more than 3 years, except for a
9 person serving as a director of a special education joint
10 agreement for the first time in Illinois. In such a case,
11 the initial contract shall be for a 2 year period. Such
12 contract may be discontinued at any time by mutual agreement
13 of the contracting parties, or may be extended for an
14 additional 3 years at the end of any year.
15 The contract year is July 1 through the following June
16 30th, unless the contract specifically provides otherwise.
17 Notice of intent not to renew a contract when given by a
18 controlling board or administrative district must be in
19 writing stating the specific reason therefor. Notice of
20 intent not to renew the contract must be given by the
21 controlling board or the administrative district at least 90
22 days before the contract expires. Failure to do so will
23 automatically extend the contract for one additional year.
24 By accepting the terms of the multi-year contract, the
25 director of a special education joint agreement waives all
26 rights granted under Sections 24-11 through 24-16 for the
27 duration of his or her employment as a director of a special
28 education joint agreement.
29 (d) To designate a district that is a party to the joint
30 agreement as the issuer of bonds or notes for the purposes
31 and in the manner provided in this Section. It is not
32 necessary for such district to also be the administrative
33 district for the joint agreement, nor is it necessary for the
34 same district to be designated as the issuer of all series of
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1 bonds or notes issued hereunder. Any district so designated
2 may, from time to time, borrow money and, in evidence of its
3 obligation to repay the borrowing, issue its negotiable bonds
4 or notes for the purpose of acquiring, constructing,
5 altering, repairing, enlarging and equipping any building or
6 portion thereof, together with any land or interest therein,
7 necessary to provide special educational facilities and
8 services as defined in Section 14-1.08. Title in and to any
9 such facilities shall be held in accordance with the joint
10 agreement.
11 Any such bonds or notes shall be authorized by a
12 resolution of the board of education of the issuing district.
13 The resolution may contain such covenants as may be deemed
14 necessary or advisable by the district to assure the payment
15 of the bonds or notes. The resolution shall be effective
16 immediately upon its adoption.
17 Prior to the issuance of such bonds or notes, each school
18 district that is a party to the joint agreement shall agree,
19 whether by amendment to the joint agreement or by resolution
20 of the board of education, to be jointly and severally liable
21 for the payment of the bonds and notes. The bonds or notes
22 shall be payable solely and only from the payments made
23 pursuant to such agreement.
24 Neither the bonds or notes nor the obligation to pay the
25 bonds or notes under any joint agreement shall constitute an
26 indebtedness of any district, including the issuing district,
27 within the meaning of any constitutional or statutory
28 limitation.
29 As long as any bonds or notes are outstanding and unpaid,
30 the agreement by a district to pay the bonds and notes shall
31 be irrevocable notwithstanding the district's withdrawal from
32 membership in the joint special education program.
33 (e) If a district whose employees are on strike was,
34 prior to the strike, sending students with disabilities to
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1 special educational facilities and services in another
2 district or cooperative, the district affected by the strike
3 shall continue to send such students during the strike and
4 shall be eligible to receive appropriate State reimbursement.
5 (f) With respect to those joint agreements that have a
6 governing board composed of one member of the school board of
7 each cooperating district and designated by those boards to
8 act in accordance with the joint agreement, the governing
9 board shall have, in addition to its other powers under this
10 Section, the authority to issue bonds or notes for the
11 purposes and in the manner provided in this subsection. The
12 governing board of the joint agreement may from time to time
13 borrow money and, in evidence of its obligation to repay the
14 borrowing, issue its negotiable bonds or notes for the
15 purpose of acquiring, constructing, altering, repairing,
16 enlarging and equipping any building or portion thereof,
17 together with any land or interest therein, necessary to
18 provide special educational facilities and services as
19 defined in Section 14-1.08 and including also facilities for
20 activities of administration and educational support
21 personnel employees. Title in and to any such facilities
22 shall be held in accordance with the joint agreement.
23 Any such bonds or notes shall be authorized by a
24 resolution of the governing board. The resolution may
25 contain such covenants as may be deemed necessary or
26 advisable by the governing board to assure the payment of the
27 bonds or notes and interest accruing thereon. The resolution
28 shall be effective immediately upon its adoption.
29 Each school district that is a party to the joint
30 agreement shall be automatically liable, by virtue of its
31 membership in the joint agreement, for its proportionate
32 share of the principal amount of the bonds and notes plus
33 interest accruing thereon, as provided in the resolution.
34 Subject to the joint and several liability hereinafter
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1 provided for, the resolution may provide for different
2 payment schedules for different districts except that the
3 aggregate amount of scheduled payments for each district
4 shall be equal to its proportionate share of the debt service
5 in the bonds or notes based upon the fraction that its
6 equalized assessed valuation bears to the total equalized
7 assessed valuation of all the district members of the joint
8 agreement as adjusted in the manner hereinafter provided. In
9 computing that fraction the most recent available equalized
10 assessed valuation at the time of the issuance of the bonds
11 and notes shall be used, and the equalized assessed valuation
12 of any district maintaining grades K to 12 shall be doubled
13 in both the numerator and denominator of the fraction used
14 for all of the districts that are members of the joint
15 agreement. In case of default in payment by any member, each
16 school district that is a party to the joint agreement shall
17 automatically be jointly and severally liable for the amount
18 of any deficiency. The bonds or notes and interest thereon
19 shall be payable solely and only from the funds made
20 available pursuant to the procedures set forth in this
21 subsection. No project authorized under this subsection may
22 require an annual contribution for bond payments from any
23 member district in excess of 0.15% of the value of taxable
24 property as equalized or assessed by the Department of
25 Revenue in the case of districts maintaining grades K-8 or
26 9-12 and 0.30% of the value of taxable property as equalized
27 or assessed by the Department of Revenue in the case of
28 districts maintaining grades K-12. This limitation on taxing
29 authority is expressly applicable to taxing authority
30 provided under Section 17-9 and other applicable Sections of
31 this Act. Nothing contained in this subsection shall be
32 construed as an exception to the property tax limitations
33 contained in Section 17-2, 17-2.2a, 17-5, or any other
34 applicable Section of this Act.
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1 Neither the bonds or notes nor the obligation to pay the
2 bonds or notes under any joint agreement shall constitute an
3 indebtedness of any district within the meaning of any
4 constitutional or statutory limitation.
5 As long as any bonds or notes are outstanding and unpaid,
6 the obligation of a district to pay its proportionate share
7 of the principal of and interest on the bonds and notes as
8 required in this Section shall be a general obligation of the
9 district payable from any and all sources of revenue
10 designated for that purpose by the board of education of the
11 district and shall be irrevocable notwithstanding the
12 district's withdrawal from membership in the joint special
13 education program.
14 (Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
15 89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
16 8-22-97; revised 11-13-97.)
17 (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
18 Sec. 17-2.2c. Tax for leasing educational facilities or
19 computer technology or both, and for temporary relocation
20 expense purposes. The school board of any district may, by
21 proper resolution, may levy an annual tax, in addition to any
22 other taxes and not subject to the limitations specified
23 elsewhere in this Article, not to exceed .05% upon the value
24 of the taxable property as equalized or assessed by the
25 Department of Revenue, for the purpose of leasing educational
26 facilities or computer technology or both, and, in order to
27 repay the State all moneys distributed to it for temporary
28 relocation expenses of the district, may levy an annual tax
29 not to exceed .05% upon the value of the taxable property as
30 equalized or assessed by the Department of Revenue for a
31 period not to exceed 7 years for the purpose of providing for
32 the repayment of moneys distributed for temporary relocation
33 expenses of the school district pursuant to Section 2-3.77.
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1 The tax rate limit specified by this Section with respect
2 to an annual tax levied for the purpose of leasing
3 educational facilities or computer technology or both may be
4 increased to .10% upon the approval of a proposition to
5 effect such increase by a majority of the electors voting on
6 that proposition at a regular scheduled election. Such
7 proposition may be initiated by resolution of the school
8 board and shall be certified by the secretary to the proper
9 election authorities for submission in accordance with the
10 general election law.
11 The district is authorized to pledge any tax levied
12 pursuant to this Section for the purpose of leasing
13 educational facilities or computer technology or both to
14 secure the payment of any lease, lease-purchase agreement, or
15 installment purchase agreement entered into by the district
16 for such purpose.
17 For the purposes of this Section, "leasing of educational
18 facilities or computer technology or both" includes any
19 payment with respect to a lease, lease-purchase agreement, or
20 installment purchase agreement to acquire or use buildings,
21 rooms, grounds, and appurtenances to be used by the district
22 for the use of schools or for school administration purposes
23 and all equipment, fixtures, renovations, and improvements to
24 existing facilities of the district necessary to accommodate
25 computers, as well as computer hardware and software.
26 Any school district may abolish or abate its fund for
27 leasing educational facilities or computer technology or both
28 and for temporary relocation expense purposes upon the
29 adoption of a resolution so providing and upon a
30 determination by the school board that the moneys in the fund
31 are no longer needed for leasing educational facilities or
32 computer technology or both or for temporary relocation
33 expense purposes. The resolution shall direct the transfer
34 of any balance in the fund to another school district fund or
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1 funds immediately upon the resolution taking effect.
2 Thereafter, any outstanding taxes of the school district
3 levied pursuant to this Section shall be collected and paid
4 into the fund or funds as directed by the school board.
5 Nothing in this Section shall prevent a school district that
6 has abolished or abated the fund from again creating a fund
7 for leasing educational facilities and for temporary
8 relocation expense purposes in the manner provided in this
9 Section.
10 (Source: P.A. 89-106, eff. 7-7-95; 90-97, eff. 7-11-97;
11 90-464, eff. 8-17-97; revised 11-17-97.)
12 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
13 (Section scheduled to be repealed on July 1, 1998)
14 Sec. 18-8. Basis for apportionment to districts,
15 laboratory schools and alternative schools.
16 A. The amounts to be apportioned for school years prior
17 to the 1998-1999 school year shall be determined for each
18 educational service region by school districts, as follows:
19 1. General Provisions.
20 (a) In the computation of the amounts to be apportioned,
21 the average daily attendance of all pupils in grades 9
22 through 12 shall be multiplied by 1.25. The average daily
23 attendance of all pupils in grades 7 and 8 shall be
24 multiplied by 1.05.
25 (b) The actual number of pupils in average daily
26 attendance shall be computed in a one-teacher school district
27 by dividing the total aggregate days of pupil attendance by
28 the actual number of days school is in session but not more
29 than 30 such pupils shall be accredited for such type of
30 district; and in districts of 2 or more teachers, or in
31 districts where records of attendance are kept by session
32 teachers, by taking the sum of the respective averages of the
33 units composing the group.
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1 (c) Pupils in average daily attendance shall be computed
2 upon the average of the best 3 months of pupils attendance of
3 the current school year except as district claims may be
4 later amended as provided hereinafter in this Section.
5 However, for any school district maintaining grades
6 kindergarten through 12, the "average daily attendance" shall
7 be computed on the average of the best 3 months of pupils
8 attendance of the current year in grades kindergarten through
9 8, added together with the average of the best 3 months of
10 pupils attendance of the current year in grades 9 through 12,
11 except as district claims may be later amended as provided in
12 this Section. Days of attendance shall be kept by regular
13 calendar months, except any days of attendance in August
14 shall be added to the month of September and any days of
15 attendance in June shall be added to the month of May.
16 Except as otherwise provided in this Section, days of
17 attendance by pupils shall be counted only for sessions of
18 not less than 5 clock hours of school work per day under
19 direct supervision of: (i) teachers, or (ii) non-teaching
20 personnel or volunteer personnel when engaging in
21 non-teaching duties and supervising in those instances
22 specified in subsection (a) of Section 10-22.34 and paragraph
23 10 of Section 34-18, with pupils of legal school age and in
24 kindergarten and grades 1 through 12.
25 (d) Pupils regularly enrolled in a public school for
26 only a part of the school day may be counted on the basis of
27 1/6 day for every class hour of instruction of 40 minutes or
28 more attended pursuant to such enrollment.
29 (e) Days of attendance may be less than 5 clock hours on
30 the opening and closing of the school term, and upon the
31 first day of pupil attendance, if preceded by a day or days
32 utilized as an institute or teachers' workshop.
33 (f) A session of 4 or more clock hours may be counted as
34 a day of attendance upon certification by the regional
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1 superintendent, and approved by the State Superintendent of
2 Education to the extent that the district has been forced to
3 use daily multiple sessions.
4 (g) A session of 3 or more clock hours may be counted as
5 a day of attendance (1) when the remainder of the school day
6 or at least 2 hours in the evening of that day is utilized
7 for an in-service training program for teachers, up to a
8 maximum of 5 days per school year of which a maximum of 4
9 days of such 5 days may be used for parent-teacher
10 conferences, provided a district conducts an in-service
11 training program for teachers which has been approved by the
12 State Superintendent of Education; or, in lieu of 4 such
13 days, 2 full days may be used, in which event each such day
14 may be counted as a day of attendance; and (2) when days in
15 addition to those provided in item (1) are scheduled by a
16 school pursuant to its school improvement plan adopted under
17 Article 34 or its revised or amended school improvement plan
18 adopted under Article 2, provided that (i) such sessions of 3
19 or more clock hours are scheduled to occur at regular
20 intervals, (ii) the remainder of the school days in which
21 such sessions occur are utilized for in-service training
22 programs or other staff development activities for teachers,
23 and (iii) a sufficient number of minutes of school work under
24 the direct supervision of teachers are added to the school
25 days between such regularly scheduled sessions to accumulate
26 not less than the number of minutes by which such sessions of
27 3 or more clock hours fall short of 5 clock hours. Any full
28 days used for the purposes of this paragraph shall not be
29 considered for computing average daily attendance. Days
30 scheduled for in-service training programs, staff development
31 activities, or parent-teacher conferences may be scheduled
32 separately for different grade levels and different
33 attendance centers of the district.
34 (h) A session of not less than one clock hour teaching
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1 of hospitalized or homebound pupils on-site or by telephone
2 to the classroom may be counted as 1/2 day of attendance,
3 however these pupils must receive 4 or more clock hours of
4 instruction to be counted for a full day of attendance.
5 (i) A session of at least 4 clock hours may be counted
6 as a day of attendance for first grade pupils, and pupils in
7 full day kindergartens, and a session of 2 or more hours may
8 be counted as 1/2 day of attendance by pupils in
9 kindergartens which provide only 1/2 day of attendance.
10 (j) For children with disabilities who are below the age
11 of 6 years and who cannot attend two or more clock hours
12 because of their disability or immaturity, a session of not
13 less than one clock hour may be counted as 1/2 day of
14 attendance; however for such children whose educational needs
15 so require a session of 4 or more clock hours may be counted
16 as a full day of attendance.
17 (k) A recognized kindergarten which provides for only
18 1/2 day of attendance by each pupil shall not have more than
19 1/2 day of attendance counted in any 1 day. However,
20 kindergartens may count 2 1/2 days of attendance in any 5
21 consecutive school days. Where a pupil attends such a
22 kindergarten for 2 half days on any one school day, such
23 pupil shall have the following day as a day absent from
24 school, unless the school district obtains permission in
25 writing from the State Superintendent of Education.
26 Attendance at kindergartens which provide for a full day of
27 attendance by each pupil shall be counted the same as
28 attendance by first grade pupils. Only the first year of
29 attendance in one kindergarten shall be counted except in
30 case of children who entered the kindergarten in their fifth
31 year whose educational development requires a second year of
32 kindergarten as determined under the rules and regulations of
33 the State Board of Education.
34 (l) Days of attendance by tuition pupils shall be
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1 accredited only to the districts that pay the tuition to a
2 recognized school.
3 (m) The greater of the immediately preceding year's
4 weighted average daily attendance or the average of the
5 weighted average daily attendance of the immediately
6 preceding year and the previous 2 years shall be used.
7 For any school year beginning July 1, 1986 or thereafter,
8 if the weighted average daily attendance in either grades
9 kindergarten through 8 or grades 9 through 12 of a district
10 as computed for the first calendar month of the current
11 school year exceeds by more than 5%, but not less than 25
12 pupils, the district's weighted average daily attendance for
13 the first calendar month of the immediately preceding year
14 in, respectively, grades kindergarten through 8 or grades 9
15 through 12, a supplementary payment shall be made to the
16 district equal to the difference in the amount of aid the
17 district would be paid under this Section using the weighted
18 average daily attendance in the district as computed for the
19 first calendar month of the current school year and the
20 amount of aid the district would be paid using the weighted
21 average daily attendance in the district for the first
22 calendar month of the immediately preceding year. Such
23 supplementary State aid payment shall be paid to the district
24 as provided in Section 18-8.4 and shall be treated as
25 separate from all other payments made pursuant to this
26 Section 18-8.
27 (n) The number of low income eligible pupils in a
28 district shall result in an increase in the weighted average
29 daily attendance calculated as follows: The number of low
30 income pupils shall increase the weighted ADA by .53 for each
31 student adjusted by dividing the percent of low income
32 eligible pupils in the district by the ratio of eligible low
33 income pupils in the State to the best 3 months' weighted
34 average daily attendance in the State. In no case may the
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1 adjustment under this paragraph result in a greater weighting
2 than .625 for each eligible low income student. The number
3 of low income eligible pupils in a district shall be the
4 low-income eligible count from the most recently available
5 federal census and the weighted average daily attendance
6 shall be calculated in accordance with the other provisions
7 of this paragraph.
8 (o) Any school district which fails for any given school
9 year to maintain school as required by law, or to maintain a
10 recognized school is not eligible to file for such school
11 year any claim upon the common school fund. In case of
12 nonrecognition of one or more attendance centers in a school
13 district otherwise operating recognized schools, the claim of
14 the district shall be reduced in the proportion which the
15 average daily attendance in the attendance center or centers
16 bear to the average daily attendance in the school district.
17 A "recognized school" means any public school which meets the
18 standards as established for recognition by the State Board
19 of Education. A school district or attendance center not
20 having recognition status at the end of a school term is
21 entitled to receive State aid payments due upon a legal claim
22 which was filed while it was recognized.
23 (p) School district claims filed under this Section are
24 subject to Sections 18-9, 18-10 and 18-12, except as herein
25 otherwise provided.
26 (q) The State Board of Education shall secure from the
27 Department of Revenue the value as equalized or assessed by
28 the Department of Revenue of all taxable property of every
29 school district together with the applicable tax rate used in
30 extending taxes for the funds of the district as of September
31 30 of the previous year. The Department of Revenue shall add
32 to the equalized assessed value of all taxable property of
33 each school district situated entirely or partially within a
34 county with 2,000,000 or more inhabitants an amount equal to
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1 the total amount by which the homestead exemptions allowed
2 under Sections 15-170 and 15-175 of the Property Tax Code for
3 real property situated in that school district exceeds the
4 total amount that would have been allowed in that school
5 district as homestead exemptions under those Sections if the
6 maximum reduction under Section 15-170 of the Property Tax
7 Code was $2,000 and the maximum reduction under Section
8 15-175 of the Property Tax Code was $3,500. The county clerk
9 of any county with 2,000,000 or more inhabitants shall
10 annually calculate and certify to the Department for each
11 school district all homestead exemption amounts required by
12 this amendatory Act of 1992. In a new district which has not
13 had any tax rates yet determined for extension of taxes, a
14 leveled uniform rate shall be computed from the latest amount
15 of the fund taxes extended on the several areas within such
16 new district.
17 (r) If a school district operates a full year school
18 under Section 10-19.1, the general state aid to the school
19 district shall be determined by the State Board of Education
20 in accordance with this Section as near as may be applicable.
21 2. New or recomputed claim. The general State aid
22 entitlement for a newly created school district or a district
23 which has annexed an entire school district shall be computed
24 using attendance, compensatory pupil counts, equalized
25 assessed valuation, and tax rate data which would have been
26 used had the district been in existence for 3 years. General
27 State aid entitlements shall not be recomputed except as
28 permitted herein.
29 3. Impaction. Impaction payments shall be made as
30 provided for in Section 18-4.2.
31 4. Summer school. Summer school payments shall be made
32 as provided in Section 18-4.3.
33 5. Computation of State aid. The State grant shall be
34 determined as follows:
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1 (a) The State shall guarantee the amount of money that a
2 district's operating tax rate as limited in other Sections of
3 this Act would produce if every district maintaining grades
4 kindergarten through 12 had an equalized assessed valuation
5 equal to $74,791 per weighted ADA pupil; every district
6 maintaining grades kindergarten through 8 had an equalized
7 assessed valuation of $108,644 per weighted ADA pupil; and
8 every district maintaining grades 9 through 12 had an
9 equalized assessed valuation of $187,657 per weighted ADA
10 pupil. The State Board of Education shall adjust the
11 equalized assessed valuation amounts stated in this
12 paragraph, if necessary, to conform to the amount of the
13 appropriation approved for any fiscal year.
14 (b) The operating tax rate to be used shall consist of
15 all district taxes extended for all purposes except community
16 college educational purposes for the payment of tuition under
17 Section 6-1 of the Public Community College Act, Bond and
18 Interest, Summer School, Rent, Capital Improvement and
19 Vocational Education Building. Any district may elect to
20 exclude Transportation from the calculation of its operating
21 tax rate. Districts may include taxes extended for the
22 payment of principal and interest on bonds issued under the
23 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
24 per year for each purpose or the actual rate extended,
25 whichever is less.
26 (c) For calculation of aid under this Act a district
27 shall use the combined authorized tax rates of all funds not
28 exempt in (b) above, not to exceed 2.76% of the value of all
29 its taxable property as equalized or assessed by the
30 Department of Revenue for districts maintaining grades
31 kindergarten through 12; 1.90% of the value of all its
32 taxable property as equalized or assessed by the Department
33 of Revenue for districts maintaining grades kindergarten
34 through 8 only; 1.10% of the value of all its taxable
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1 property as equalized or assessed by the Department of
2 Revenue for districts maintaining grades 9 through 12 only.
3 A district may, however, as provided in Article 17, increase
4 its operating tax rate above the maximum rate provided in
5 this subsection without affecting the amount of State aid to
6 which it is entitled under this Act.
7 (d) (1) For districts maintaining grades kindergarten
8 through 12 with an operating tax rate as described in
9 subsections 5(b) and (c) of less than 2.18%, and districts
10 maintaining grades kindergarten through 8 with an operating
11 tax rate of less than 1.28%, State aid shall be computed by
12 multiplying the difference between the guaranteed equalized
13 assessed valuation per weighted ADA pupil in subsection 5(a)
14 and the equalized assessed valuation per weighted ADA pupil
15 in the district by the operating tax rate, multiplied by the
16 weighted average daily attendance of the district; provided,
17 however, that for the 1989-1990 school year only, a school
18 district maintaining grades kindergarten through 8 whose
19 operating tax rate with reference to which its general State
20 aid for the 1989-1990 school year is determined is less than
21 1.28% and more than 1.090%, and which had an operating tax
22 rate of 1.28% or more for the previous year, shall have its
23 general State aid computed according to the provisions of
24 subsection 5(d)(2).
25 (2) For districts maintaining grades kindergarten
26 through 12 with an operating tax rate as described in
27 subsection 5(b) and (c) of 2.18% and above, the State aid
28 shall be computed as provided in subsection (d) (1) but as
29 though the district had an operating tax rate of 2.76%; in
30 K-8 districts with an operating tax rate of 1.28% and above,
31 the State aid shall be computed as provided in subsection (d)
32 (1) but as though the district had an operating tax rate of
33 1.90%; and in 9-12 districts, the State aid shall be computed
34 by multiplying the difference between the guaranteed
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1 equalized assessed valuation per weighted average daily
2 attendance pupil in subsection 5(a) and the equalized
3 assessed valuation per weighted average daily attendance
4 pupil in the district by the operating tax rate, not to
5 exceed 1.10%, multiplied by the weighted average daily
6 attendance of the district. State aid computed under the
7 provisions of this subsection (d) (2) shall be treated as
8 separate from all other payments made pursuant to this
9 Section. The State Comptroller and State Treasurer shall
10 transfer from the General Revenue Fund to the Common School
11 Fund the amounts necessary to permit these claims to be paid
12 in equal installments along with other State aid payments
13 remaining to be made for the 1983-1984 school year under this
14 Section.
15 (3) For any school district whose 1995 equalized
16 assessed valuation is at least 6% less than its 1994
17 equalized assessed valuation as the result of a reduction in
18 the equalized assessed valuation of the taxable property
19 within such district of any one taxpayer whose taxable
20 property within the district has a 1994 equalized assessed
21 valuation constituting at least 20% of the 1994 equalized
22 assessed valuation of all taxable property within the
23 district, the 1996-97 State aid of such district shall be
24 computed using its 1995 equalized assessed valuation.
25 (4) For any school district whose 1988 equalized
26 assessed valuation is 55% or less of its 1981 equalized
27 assessed valuation, the 1990-91 State aid of such district
28 shall be computed by multiplying the 1988 equalized assessed
29 valuation by a factor of .8. Any such school district which
30 is reorganized effective for the 1991-92 school year shall
31 use the formula provided in this subparagraph for purposes of
32 the calculation made pursuant to subsection (m) of this
33 Section.
34 (e) The amount of State aid shall be computed under the
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1 provisions of subsections 5(a) through 5(d) provided the
2 equalized assessed valuation per weighted ADA pupil is less
3 than .87 of the amounts in subsection 5(a). If the equalized
4 assessed valuation per weighted ADA pupil is equal to or
5 greater than .87 of the amounts in subsection 5(a), the State
6 aid shall be computed under the provisions of subsection
7 5(f).
8 (f) If the equalized assessed valuation per weighted ADA
9 pupil is equal to or greater than .87 of the amounts in
10 subsection 5(a), the State aid per weighted ADA pupil shall
11 be computed by multiplying the product of .13 times the
12 maximum per pupil amount computed under the provisions of
13 subsections 5(a) through 5(d) by an amount equal to the
14 quotient of .87 times the equalized assessed valuation per
15 weighted ADA pupil in subsection 5(a) for that type of
16 district divided by the district equalized valuation per
17 weighted ADA pupil except in no case shall the district
18 receive State aid per weighted ADA pupil of less than .07
19 times the maximum per pupil amount computed under the
20 provisions of subsections 5(a) through 5(d).
21 (g) In addition to the above grants, summer school
22 grants shall be made based upon the calculation as provided
23 in subsection 4 of this Section.
24 (h) The board of any district receiving any of the
25 grants provided for in this Section may apply those funds to
26 any fund so received for which that board is authorized to
27 make expenditures by law.
28 (i) (1) (a) In school districts with an average daily
29 attendance of 50,000 or more, the amount which is provided
30 under subsection 1(n) of this Section by the application of a
31 base Chapter 1 weighting factor of .375 shall be distributed
32 to the attendance centers within the district in proportion
33 to the number of pupils enrolled at each attendance center
34 who are eligible to receive free or reduced-price lunches or
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1 breakfasts under the federal Child Nutrition Act of 1966 and
2 under the National School Lunch Act during the immediately
3 preceding school year. The amount of State aid provided
4 under subsection 1(n) of this Section by the application of
5 the Chapter 1 weighting factor in excess of .375 shall be
6 distributed to the attendance centers within the district in
7 proportion to the total enrollment at each attendance center.
8 Beginning with school year 1989-90, and each school year
9 thereafter, all funds provided under subsection 1 (n) of this
10 Section by the application of the Chapter 1 weighting factor
11 which are in excess of the level of non-targeted Chapter 1
12 funds in school year 1988-89 shall be distributed to
13 attendance centers, and only to attendance centers, within
14 the district in proportion to the number of pupils enrolled
15 at each attendance center who are eligible to receive free or
16 reduced price lunches or breakfasts under the Federal Child
17 Nutrition Act and under the National School Lunch Act during
18 the immediately preceding school year. Beginning in school
19 year 1989-90, 25% of the previously non-targeted Chapter 1
20 funds as established for school year 1988-89 shall also be
21 distributed to the attendance centers, and only to attendance
22 centers, in the district in proportion to the number of
23 pupils enrolled at each attendance center who are eligible to
24 receive free or reduced price lunches or breakfasts under the
25 Federal Child Nutrition Act and under the National School
26 Lunch Act during the immediately preceding school year; in
27 school year 1990-91, 50% of the previously non-targeted
28 Chapter 1 funds as established for school year 1988-89 shall
29 be distributed to attendance centers, and only to attendance
30 centers, in the district in proportion to the number of
31 pupils enrolled at each attendance center who are eligible to
32 receive such free or reduced price lunches or breakfasts
33 during the immediately preceding school year; in school year
34 1991-92, 75% of the previously non-targeted Chapter 1 funds
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1 as established for school year 1988-89 shall be distributed
2 to attendance centers, and only to attendance centers, in the
3 district in proportion to the number of pupils enrolled at
4 each attendance center who are eligible to receive such free
5 or reduced price lunches or breakfasts during the immediately
6 preceding school year; in school year 1992-93 and thereafter,
7 all funds provided under subsection 1 (n) of this Section by
8 the application of the Chapter 1 weighting factor shall be
9 distributed to attendance centers, and only to attendance
10 centers, in the district in proportion to the number of
11 pupils enrolled at each attendance center who are eligible to
12 receive free or reduced price lunches or breakfasts under the
13 Federal Child Nutrition Act and under the National School
14 Lunch Act during the immediately preceding school year;
15 provided, however, that the distribution formula in effect
16 beginning with school year 1989-90 shall not be applicable to
17 such portion of State aid provided under subsection 1 (n) of
18 this Section by the application of the Chapter 1 weighting
19 formula as is set aside and appropriated by the school
20 district for the purpose of providing desegregation programs
21 and related transportation to students (which portion shall
22 not exceed 5% of the total amount of State aid which is
23 provided under subsection 1 (n) of this Section by
24 application of the Chapter 1 weighting formula), and the
25 relevant percentages shall be applied to the remaining
26 portion of such State aid. The distribution of these
27 portions of general State aid among attendance centers
28 according to these requirements shall not be compensated for
29 or contravened by adjustments of the total of other funds
30 appropriated to any attendance centers. (b) The Board of
31 Education shall utilize funding from one or several sources
32 in order to fully implement this provision annually prior to
33 the opening of school. The Board of Education shall apply
34 savings from reduced administrative costs required under
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1 Section 34-43.1 and growth in non-Chapter 1 State and local
2 funds to assure that all attendance centers receive funding
3 to replace losses due to redistribution of Chapter 1 funding.
4 The distribution formula and funding to replace losses due to
5 the distribution formula shall occur, in full, using any and
6 all sources available, including, if necessary, revenue from
7 administrative reductions beyond those required in Section
8 34-43.1, in order to provide the necessary funds. (c) Each
9 attendance center shall be provided by the school district a
10 distribution of noncategorical funds and other categorical
11 funds to which an attendance center is entitled under law in
12 order that the State aid provided by application of the
13 Chapter 1 weighting factor and required to be distributed
14 among attendance centers according to the requirements of
15 this paragraph supplements rather than supplants the
16 noncategorical funds and other categorical funds provided by
17 the school district to the attendance centers.
18 Notwithstanding the foregoing provisions of this subsection
19 5(i)(1) or any other law to the contrary, beginning with the
20 1995-1996 school year and for each school year thereafter,
21 the board of a school district to which the provisions of
22 this subsection apply shall be required to allocate or
23 provide to attendance centers of the district in any such
24 school year, from the State aid provided for the district
25 under this Section by application of the Chapter 1 weighting
26 factor, an aggregate amount of not less than $261,000,000 of
27 State Chapter 1 funds. Any State Chapter 1 funds that by
28 reason of the provisions of this paragraph are not required
29 to be allocated and provided to attendance centers may be
30 used and appropriated by the board of the district for any
31 lawful school purpose. Chapter 1 funds received by an
32 attendance center (except those funds set aside for
33 desegregation programs and related transportation to
34 students) shall be used on the schedule cited in this Section
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1 at the attendance center at the discretion of the principal
2 and local school council for programs to improve educational
3 opportunities at qualifying schools through the following
4 programs and services: early childhood education, reduced
5 class size or improved adult to student classroom ratio,
6 enrichment programs, remedial assistance, attendance
7 improvement and other educationally beneficial expenditures
8 which supplement the regular and basic programs as determined
9 by the State Board of Education. Chapter 1 funds shall not
10 be expended for any political or lobbying purposes as defined
11 by board rule. (d) Each district subject to the provisions of
12 this paragraph shall submit an acceptable plan to meet the
13 educational needs of disadvantaged children, in compliance
14 with the requirements of this paragraph, to the State Board
15 of Education prior to July 15 of each year. This plan shall
16 be consistent with the decisions of local school councils
17 concerning the school expenditure plans developed in
18 accordance with part 4 of Section 34-2.3. The State Board
19 shall approve or reject the plan within 60 days after its
20 submission. If the plan is rejected the district shall give
21 written notice of intent to modify the plan within 15 days of
22 the notification of rejection and then submit a modified plan
23 within 30 days after the date of the written notice of intent
24 to modify. Districts may amend approved plans pursuant to
25 rules promulgated by the State Board of Education.
26 Upon notification by the State Board of Education that
27 the district has not submitted a plan prior to July 15 or a
28 modified plan within the time period specified herein, the
29 State aid funds affected by said plan or modified plan shall
30 be withheld by the State Board of Education until a plan or
31 modified plan is submitted.
32 If the district fails to distribute State aid to
33 attendance centers in accordance with an approved plan, the
34 plan for the following year shall allocate funds, in addition
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1 to the funds otherwise required by this subparagraph, to
2 those attendance centers which were underfunded during the
3 previous year in amounts equal to such underfunding.
4 For purposes of determining compliance with this
5 subsection in relation to Chapter 1 expenditures, each
6 district subject to the provisions of this subsection shall
7 submit as a separate document by December 1 of each year a
8 report of Chapter 1 expenditure data for the prior year in
9 addition to any modification of its current plan. If it is
10 determined that there has been a failure to comply with the
11 expenditure provisions of this subsection regarding
12 contravention or supplanting, the State Superintendent of
13 Education shall, within 60 days of receipt of the report,
14 notify the district and any affected local school council.
15 The district shall within 45 days of receipt of that
16 notification inform the State Superintendent of Education of
17 the remedial or corrective action to be taken, whether by
18 amendment of the current plan, if feasible, or by adjustment
19 in the plan for the following year. Failure to provide the
20 expenditure report or the notification of remedial or
21 corrective action in a timely manner shall result in a
22 withholding of the affected funds.
23 The State Board of Education shall promulgate rules and
24 regulations to implement the provisions of this subsection
25 5(i)(1). No funds shall be released under subsection 1(n) of
26 this Section or under this subsection 5(i)(1) to any district
27 which has not submitted a plan which has been approved by the
28 State Board of Education.
29 (2) School districts with an average daily attendance of
30 more than 1,000 and less than 50,000 and having a low income
31 pupil weighting factor in excess of .53 shall submit a plan
32 to the State Board of Education prior to October 30 of each
33 year for the use of the funds resulting from the application
34 of subsection 1(n) of this Section for the improvement of
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1 instruction in which priority is given to meeting the
2 education needs of disadvantaged children. Such plan shall
3 be submitted in accordance with rules and regulations
4 promulgated by the State Board of Education.
5 (j) For the purposes of calculating State aid under this
6 Section, with respect to any part of a school district within
7 a redevelopment project area in respect to which a
8 municipality has adopted tax increment allocation financing
9 pursuant to the Tax Increment Allocation Redevelopment Act,
10 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
11 Municipal Code or the Industrial Jobs Recovery Law, Sections
12 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
13 no part of the current equalized assessed valuation of real
14 property located in any such project area which is
15 attributable to an increase above the total initial equalized
16 assessed valuation of such property shall be used in
17 computing the equalized assessed valuation per weighted ADA
18 pupil in the district, until such time as all redevelopment
19 project costs have been paid, as provided in Section
20 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
21 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
22 For the purpose of computing the equalized assessed valuation
23 per weighted ADA pupil in the district the total initial
24 equalized assessed valuation or the current equalized
25 assessed valuation, whichever is lower, shall be used until
26 such time as all redevelopment project costs have been paid.
27 (k) For a school district operating under the financial
28 supervision of an Authority created under Article 34A, the
29 State aid otherwise payable to that district under this
30 Section, other than State aid attributable to Chapter 1
31 students, shall be reduced by an amount equal to the budget
32 for the operations of the Authority as certified by the
33 Authority to the State Board of Education, and an amount
34 equal to such reduction shall be paid to the Authority
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1 created for such district for its operating expenses in the
2 manner provided in Section 18-11. The remainder of State
3 school aid for any such district shall be paid in accordance
4 with Article 34A when that Article provides for a disposition
5 other than that provided by this Article.
6 (l) For purposes of calculating State aid under this
7 Section, the equalized assessed valuation for a school
8 district used to compute State aid shall be determined by
9 adding to the real property equalized assessed valuation for
10 the district an amount computed by dividing the amount of
11 money received by the district under the provisions of "An
12 Act in relation to the abolition of ad valorem personal
13 property tax and the replacement of revenues lost thereby",
14 certified August 14, 1979, by the total tax rate for the
15 district. For purposes of this subsection 1976 tax rates
16 shall be used for school districts in the county of Cook and
17 1977 tax rates shall be used for school districts in all
18 other counties.
19 (m) (1) For a new school district formed by combining
20 property included totally within 2 or more previously
21 existing school districts, for its first year of existence or
22 if the new district was formed after October 31, 1982 and
23 prior to September 23, 1985, for the year immediately
24 following September 23, 1985, the State aid calculated under
25 this Section shall be computed for the new district and for
26 the previously existing districts for which property is
27 totally included within the new district. If the computation
28 on the basis of the previously existing districts is greater,
29 a supplementary payment equal to the difference shall be made
30 for the first 3 years of existence of the new district or if
31 the new district was formed after October 31, 1982 and prior
32 to September 23, 1985, for the 3 years immediately following
33 September 23, 1985.
34 (2) For a school district which annexes all of the
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1 territory of one or more entire other school districts, for
2 the first year during which the change of boundaries
3 attributable to such annexation becomes effective for all
4 purposes as determined under Section 7-9 or 7A-8, the State
5 aid calculated under this Section shall be computed for the
6 annexing district as constituted after the annexation and for
7 the annexing and each annexed district as constituted prior
8 to the annexation; and if the computation on the basis of the
9 annexing and annexed districts as constituted prior to the
10 annexation is greater, a supplementary payment equal to the
11 difference shall be made for the first 3 years of existence
12 of the annexing school district as constituted upon such
13 annexation.
14 (3) For 2 or more school districts which annex all of
15 the territory of one or more entire other school districts,
16 and for 2 or more community unit districts which result upon
17 the division (pursuant to petition under Section 11A-2) of
18 one or more other unit school districts into 2 or more parts
19 and which together include all of the parts into which such
20 other unit school district or districts are so divided, for
21 the first year during which the change of boundaries
22 attributable to such annexation or division becomes effective
23 for all purposes as determined under Section 7-9 or 11A-10,
24 as the case may be, the State aid calculated under this
25 Section shall be computed for each annexing or resulting
26 district as constituted after the annexation or division and
27 for each annexing and annexed district, or for each resulting
28 and divided district, as constituted prior to the annexation
29 or division; and if the aggregate of the State aid as so
30 computed for the annexing or resulting districts as
31 constituted after the annexation or division is less than the
32 aggregate of the State aid as so computed for the annexing
33 and annexed districts, or for the resulting and divided
34 districts, as constituted prior to the annexation or
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1 division, then a supplementary payment equal to the
2 difference shall be made and allocated between or among the
3 annexing or resulting districts, as constituted upon such
4 annexation or division, for the first 3 years of their
5 existence. The total difference payment shall be allocated
6 between or among the annexing or resulting districts in the
7 same ratio as the pupil enrollment from that portion of the
8 annexed or divided district or districts which is annexed to
9 or included in each such annexing or resulting district bears
10 to the total pupil enrollment from the entire annexed or
11 divided district or districts, as such pupil enrollment is
12 determined for the school year last ending prior to the date
13 when the change of boundaries attributable to the annexation
14 or division becomes effective for all purposes. The amount
15 of the total difference payment and the amount thereof to be
16 allocated to the annexing or resulting districts shall be
17 computed by the State Board of Education on the basis of
18 pupil enrollment and other data which shall be certified to
19 the State Board of Education, on forms which it shall provide
20 for that purpose, by the regional superintendent of schools
21 for each educational service region in which the annexing and
22 annexed districts, or resulting and divided districts are
23 located.
24 (4) If a unit school district annexes all the territory
25 of another unit school district effective for all purposes
26 pursuant to Section 7-9 on July 1, 1988, and if part of the
27 annexed territory is detached within 90 days after July 1,
28 1988, then the detachment shall be disregarded in computing
29 the supplementary State aid payments under this paragraph (m)
30 for the entire 3 year period and the supplementary State aid
31 payments shall not be diminished because of the detachment.
32 (5) Any supplementary State aid payment made under this
33 paragraph (m) shall be treated as separate from all other
34 payments made pursuant to this Section.
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1 (n) For the purposes of calculating State aid under this
2 Section, the real property equalized assessed valuation for a
3 school district used to compute State aid shall be determined
4 by subtracting from the real property value as equalized or
5 assessed by the Department of Revenue for the district an
6 amount computed by dividing the amount of any abatement of
7 taxes under Section 18-170 of the Property Tax Code by the
8 maximum operating tax rates specified in subsection 5(c) of
9 this Section and an amount computed by dividing the amount of
10 any abatement of taxes under subsection (a) of Section 18-165
11 of the Property Tax Code by the maximum operating tax rates
12 specified in subsection 5(c) of this Section.
13 (o) Notwithstanding any other provisions of this
14 Section, for the 1996-1997 school year the amount of the
15 aggregate general State aid entitlement that is received
16 under this Section by each school district for that school
17 year shall be not less than the amount of the aggregate
18 general State aid entitlement that was received by the
19 district under this Section for the 1995-1996 school year.
20 If a school district is to receive an aggregate general State
21 aid entitlement under this Section for the 1996-1997 school
22 year that is less than the amount of the aggregate general
23 State aid entitlement that the district received under this
24 Section for the 1995-1996 school year, the school district
25 shall also receive, from a separate appropriation made for
26 purposes of this paragraph (o), a supplementary payment that
27 is equal to the amount by which the general State aid
28 entitlement received by the district under this Section for
29 the 1995-1996 school year exceeds the general State aid
30 entitlement that the district is to receive under this
31 Section for the 1996-1997 school year.
32 Notwithstanding any other provisions of this Section, for
33 the 1997-1998 school year the amount of the aggregate general
34 State aid entitlement that is received under this Section by
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1 each school district for that school year shall be not less
2 than the amount of the aggregate general State aid
3 entitlement that was received by the district under this
4 Section for the 1996-1997 school year. If a school district
5 is to receive an aggregate general State aid entitlement
6 under this Section for the 1997-1998 school year that is less
7 than the amount of the aggregate general State aid
8 entitlement that the district received under this Section for
9 the 1996-1997 school year, the school district shall also
10 receive, from a separate appropriation made for purposes of
11 this paragraph (o), a supplementary payment that is equal to
12 the amount by which the general State aid entitlement
13 received by the district under this Section for the 1996-1997
14 school year exceeds the general State aid entitlement that
15 the district is to receive under this Section for the
16 1997-1998 school year.
17 If the amount appropriated for supplementary payments to
18 school districts under this paragraph (o) is insufficient for
19 that purpose, the supplementary payments that districts are
20 to receive under this paragraph shall be prorated according
21 to the aggregate amount of the appropriation made for
22 purposes of this paragraph.
23 (p) For the 1997-1998 school year only, a supplemental
24 general State aid grant shall be provided for school
25 districts in an amount equal to the greater of the result of
26 part (i) of this subsection or part (ii) of this subsection,
27 calculated as follows:
28 (i) The general State aid received by a school
29 district under this Section for the 1997-1998 school year
30 shall be added to the sum of (A) the result obtained by
31 multiplying the 1995 equalized valuation of all taxable
32 property in the district by the fixed calculation tax
33 rates of 3.0% for unit districts, 2.0% for elementary
34 districts and 1.0% for high school districts plus (B) the
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1 aggregate corporate personal property replacement
2 revenues received by the district during the 1996-1997
3 school year. That aggregate amount determined under this
4 part (i) shall be divided by the average of the best 3
5 months of pupil attendance in the district for the
6 1996-1997 school year. If the result obtained by dividing
7 the aggregate amount determined under this part (i) by
8 the average of the best 3 months of pupil attendance in
9 the district is less than $3,600, the supplemental
10 general State aid grant for that district shall be equal
11 to the amount determined by subtracting from $3,600 the
12 result obtained by dividing the aggregate amount
13 determined under this part (i) by the average of the best
14 3 months of pupil attendance in the district, and by
15 multiplying that difference by the average of the best 3
16 months of pupil attendance in the district for the
17 1996-1997 school year.
18 (ii) 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 assessed valuation of all
22 taxable property in the district by the district's
23 applicable 1995 operating tax rate as defined in this
24 part (ii) plus (B) the aggregate corporate personal
25 property replacement revenues received by the district
26 during the 1996-1997 school year. That aggregate amount
27 shall be divided by the average of the best 3 months of
28 pupil attendance in the district for the 1996-1997 school
29 year. If the result obtained by dividing the aggregate
30 amount determined in this part (ii) by the average of the
31 best 3 months of pupil attendance in the district is less
32 than $4,100, the supplemental general State aid grant for
33 that district shall be equal to the amount determined by
34 subtracting from the $4,100 the result obtained by
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1 dividing the aggregate amount determined in this part
2 (ii) by the average of the best 3 months of pupil
3 attendance in the district and by multiplying that
4 difference by the average of the best 3 months of pupil
5 attendance in the district for the 1996-1997 school year.
6 For the purposes of this part (ii), the "applicable 1995
7 operating tax rate" shall mean the following: (A) for
8 unit districts with operating tax rates of 3.00% or less,
9 elementary districts with operating tax rates of 2.00% or
10 less, and high school districts with operating tax rates
11 of 1.00% or less, the applicable 1995 operating tax rate
12 shall be 3.00% for unit districts, 2.00% for elementary
13 districts, and 1.00% for high school districts; (B) for
14 unit districts with operating tax rates of 4.50% or more,
15 elementary districts with operating tax rates of 3.00% or
16 more, and high school districts with operating tax rates
17 of 1.85% or more, the applicable 1995 operating tax rate
18 shall be 4.50% for unit districts, 3.00% for elementary
19 districts, and 1.85% for high school districts; and (C)
20 for unit districts with operating tax rates of more than
21 3.00% and less than 4.50%, for elementary districts with
22 operating tax rates of more than 2.00% and less than
23 3.00%, and for high school districts with operating tax
24 rates of more than 1.00% and less than 1.85%, the
25 applicable 1995 operating tax rate shall be the
26 district's actual 1995 operating tax rate.
27 If the moneys appropriated in a separate line item by the
28 General Assembly to the State Board of Education for
29 supplementary payments required to be made and distributed to
30 school districts for the 1997-1998 school year under this
31 subsection 5(p) are insufficient, the amount of the
32 supplementary payments required to be made and distributed to
33 those school districts under this subsection shall abate
34 proportionately.
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1 (p-5) For the 1997-98 school year only, a supplemental
2 general State aid grant shall be provided for school
3 districts based on the number of low-income eligible pupils
4 within the school district. For the purposes of this
5 subsection 5(p-5), "low-income eligible pupils" shall be the
6 low-income eligible pupil count from the most recently
7 available federal census. The supplemental general State aid
8 grant for each district shall be equal to the number of
9 low-income eligible pupils within that district multiplied by
10 $30.50. If the moneys appropriated in a separate line item
11 by the General Assembly to the State Board of Education for
12 supplementary payments required to be made and distributed to
13 school districts for the 1997-98 school year under this
14 subsection 5(p-5) are insufficient, the amount of the
15 supplementary payments required to be made and distributed to
16 those districts under this subsection shall abate
17 proportionately.
18 B. In calculating the amount to be paid to the governing
19 board of a public university that operates a laboratory
20 school under this Section or to any alternative school that
21 is operated by a regional superintendent of schools, the
22 State Board of Education shall require by rule such reporting
23 requirements as it deems necessary.
24 As used in this Section, "laboratory school" means a
25 public school which is created and operated by a public
26 university and approved by the State Board of Education. The
27 governing board of a public university which receives funds
28 from the State Board under this subsection B may not increase
29 the number of students enrolled in its laboratory school from
30 a single district, if that district is already sending 50 or
31 more students, except under a mutual agreement between the
32 school board of a student's district of residence and the
33 university which operates the laboratory school. A
34 laboratory school may not have more than 1,000 students,
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1 excluding students with disabilities in a special education
2 program.
3 As used in this Section, "alternative school" means a
4 public school which is created and operated by a Regional
5 Superintendent of Schools and approved by the State Board of
6 Education. Such alternative schools may offer courses of
7 instruction for which credit is given in regular school
8 programs, courses to prepare students for the high school
9 equivalency testing program or vocational and occupational
10 training. A regional superintendent of schools may contract
11 with a school district or a public community college district
12 to operate an alternative school. An alternative school
13 serving more than one educational service region may be
14 operated under such terms as the regional superintendents of
15 schools of those educational service regions may agree.
16 Each laboratory and alternative school shall file, on
17 forms provided by the State Superintendent of Education, an
18 annual State aid claim which states the average daily
19 attendance of the school's students by month. The best 3
20 months' average daily attendance shall be computed for each
21 school. The weighted average daily attendance shall be
22 computed and the weighted average daily attendance for the
23 school's most recent 3 year average shall be compared to the
24 most recent weighted average daily attendance, and the
25 greater of the 2 shall be used for the calculation under this
26 subsection B. The general State aid entitlement shall be
27 computed by multiplying the school's student count by the
28 foundation level as determined under this Section.
29 C. This Section is repealed July 1, 1998.
30 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
31 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
32 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
33 7-1-97; 90-14, eff. 7-1-97; 90-548, eff. 12-4-97; 90-566,
34 eff. 1-2-98; revised 1-8-98.)
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1 (105 ILCS 5/18-8.05)
2 (This Section may contain text from a Public Act with a
3 delayed effective date.)
4 Sec. 18-8.05. Basis for apportionment of general State
5 financial aid and supplemental general State aid to the
6 common schools for the 1998-1999 and subsequent school years.
7 (A) General Provisions.
8 (1) The provisions of this Section apply to the
9 1998-1999 and subsequent school years. The system of general
10 State financial aid provided for in this Section is designed
11 to assure that, through a combination of State financial aid
12 and required local resources, the financial support provided
13 each pupil in Average Daily Attendance equals or exceeds a
14 prescribed per pupil Foundation Level. This formula approach
15 imputes a level of per pupil Available Local Resources and
16 provides for the basis to calculate a per pupil level of
17 general State financial aid that, when added to Available
18 Local Resources, equals or exceeds the Foundation Level. The
19 amount of per pupil general State financial aid for school
20 districts, in general, varies in inverse relation to
21 Available Local Resources. Per pupil amounts are based upon
22 each school district's Average Daily Attendance as that term
23 is defined in this Section.
24 (2) In addition to general State financial aid, school
25 districts with specified levels or concentrations of pupils
26 from low income households are eligible to receive
27 supplemental general State financial aid grants as provided
28 pursuant to subsection (H). The supplemental State aid grants
29 provided for school districts under subsection (H) shall be
30 appropriated for distribution to school districts as part of
31 the same line item in which the general State financial aid
32 of school districts is appropriated under this Section.
33 (3) To receive financial assistance under this Section,
34 school districts are required to file claims with the State
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1 Board of Education, subject to the following requirements:
2 (a) Any school district which fails for any given
3 school year to maintain school as required by law, or to
4 maintain a recognized school is not eligible to file for
5 such school year any claim upon the Common School Fund.
6 In case of nonrecognition of one or more attendance
7 centers in a school district otherwise operating
8 recognized schools, the claim of the district shall be
9 reduced in the proportion which the Average Daily
10 Attendance in the attendance center or centers bear to
11 the Average Daily Attendance in the school district. A
12 "recognized school" means any public school which meets
13 the standards as established for recognition by the State
14 Board of Education. A school district or attendance
15 center not having recognition status at the end of a
16 school term is entitled to receive State aid payments due
17 upon a legal claim which was filed while it was
18 recognized.
19 (b) School district claims filed under this Section
20 are subject to Sections 18-9, 18-10, and 18-12, except as
21 otherwise provided in this Section.
22 (c) If a school district operates a full year
23 school under Section 10-19.1, the general State aid to
24 the school district shall be determined by the State
25 Board of Education in accordance with this Section as
26 near as may be applicable.
27 (d) Claims for financial assistance under this
28 Section shall not be recomputed except as expressly
29 provided under this Section.
30 (4) Except as provided in subsections (H) and (L), the
31 board of any district receiving any of the grants provided
32 for in this Section may apply those funds to any fund so
33 received for which that board is authorized to make
34 expenditures by law.
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1 School districts are not required to exert a minimum
2 Operating Tax Rate in order to qualify for assistance under
3 this Section.
4 (5) As used in this Section the following terms, when
5 capitalized, shall have the meaning ascribed herein:
6 (a) "Average Daily Attendance": A count of pupil
7 attendance in school, averaged as provided for in
8 subsection (C) and utilized in deriving per pupil
9 financial support levels.
10 (b) "Available Local Resources": A computation of
11 local financial support, calculated on the basis Average
12 Daily Attendance and derived as provided pursuant to
13 subsection (D).
14 (c) "Corporate Personal Property Replacement
15 Taxes": Funds paid to local school districts pursuant to
16 "An Act in relation to the abolition of ad valorem
17 personal property tax and the replacement of revenues
18 lost thereby, and amending and repealing certain Acts and
19 parts of Acts in connection therewith", certified August
20 14, 1979, as amended (Public Act 81-1st S.S.-1).
21 (d) "Foundation Level": A prescribed level of per
22 pupil financial support as provided for in subsection
23 (B).
24 (e) "Operating Tax Rate": All school district
25 property taxes extended for all purposes, except
26 community college educational purposes for the payment of
27 tuition under Section 6-1 of the Public Community College
28 Act, Bond and Interest, Summer School, Rent, Capital
29 Improvement, and Vocational Education Building purposes.
30 (B) Foundation Level.
31 (1) The Foundation Level is a figure established by the
32 State representing the minimum level of per pupil financial
33 support that should be available to provide for the basic
34 education of each pupil in Average Daily Attendance. As set
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1 forth in this Section, each school district is assumed to
2 exert a sufficient local taxing effort such that, in
3 combination with the aggregate of general State financial aid
4 provided the district, an aggregate of State and local
5 resources are available to meet the basic education needs of
6 pupils in the district.
7 (2) For the 1998-1999 school year, the Foundation Level
8 of support is $4,225. For the 1999-2000 school year, the
9 Foundation Level of support is $4,325. For the 2000-2001
10 school year, the Foundation Level of support is $4,425.
11 (3) For the 2001-2002 school year and each school year
12 thereafter, the Foundation Level of support is $4,425 or such
13 greater amount as may be established by law by the General
14 Assembly.
15 (C) Average Daily Attendance.
16 (1) For purposes of calculating general State aid
17 pursuant to subsection (E), an Average Daily Attendance
18 figure shall be utilized. The Average Daily Attendance
19 figure for formula calculation purposes shall be the monthly
20 average of the actual number of pupils in attendance of each
21 school district, as further averaged for the best 3 months of
22 pupil attendance for each school district. In compiling the
23 figures for the number of pupils in attendance, school
24 districts and the State Board of Education shall, for
25 purposes of general State aid funding, conform attendance
26 figures to the requirements of subsection (F).
27 (2) The Average Daily Attendance figures utilized in
28 subsection (E) shall be the requisite attendance data for the
29 school year immediately preceding the school year for which
30 general State aid is being calculated.
31 (D) Available Local Resources.
32 (1) For purposes of calculating general State aid
33 pursuant to subsection (E), a representation of Available
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1 Local Resources per pupil, as that term is defined and
2 determined in this subsection, shall be utilized. Available
3 Local Resources per pupil shall include a calculated dollar
4 amount representing local school district revenues from local
5 property taxes and from Corporate Personal Property
6 Replacement Taxes, expressed on the basis of pupils in
7 Average Daily Attendance.
8 (2) In determining a school district's revenue from
9 local property taxes, the State Board of Education shall
10 utilize the equalized assessed valuation of all taxable
11 property of each school district as of September 30 of the
12 previous year. The equalized assessed valuation utilized
13 shall be obtained and determined as provided in subsection
14 (G).
15 (3) For school districts maintaining grades kindergarten
16 through 12, local property tax revenues per pupil shall be
17 calculated as the product of the applicable equalized
18 assessed valuation for the district multiplied by 3.00%, and
19 divided by the district's Average Daily Attendance figure.
20 For school districts maintaining grades kindergarten through
21 8, local property tax revenues per pupil shall be calculated
22 as the product of the applicable equalized assessed valuation
23 for the district multiplied by 2.30%, and divided by the
24 district's Average Daily Attendance figure. For school
25 districts maintaining grades 9 through 12, local property tax
26 revenues per pupil shall be the applicable equalized assessed
27 valuation of the district multiplied by 1.20%, and divided by
28 the district's Average Daily Attendance figure.
29 (4) The Corporate Personal Property Replacement Taxes
30 paid to each school district during the calendar year 2 years
31 before the calendar year in which a school year begins,
32 divided by the Average Daily Attendance figure for that
33 district, shall be added to the local property tax revenues
34 per pupil as derived by the application of the immediately
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1 preceding paragraph (3). The sum of these per pupil figures
2 for each school district shall constitute Available Local
3 Resources as that term is utilized in subsection (E) in the
4 calculation of general State aid.
5 (E) Computation of General State Aid.
6 (1) For each school year, the amount of general State
7 aid allotted to a school district shall be computed by the
8 State Board of Education as provided in this subsection.
9 (2) For any school district for which Available Local
10 Resources per pupil is less than the product of 0.93 times
11 the Foundation Level, general State aid for that district
12 shall be calculated as an amount equal to the Foundation
13 Level minus Available Local Resources, multiplied by the
14 Average Daily Attendance of the school district.
15 (3) For any school district for which Available Local
16 Resources per pupil is equal to or greater than the product
17 of 0.93 times the Foundation Level and less than the product
18 of 1.75 times the Foundation Level, the general State aid per
19 pupil shall be a decimal proportion of the Foundation Level
20 derived using a linear algorithm. Under this linear
21 algorithm, the calculated general State aid per pupil shall
22 decline in direct linear fashion from 0.07 times the
23 Foundation Level for a school district with Available Local
24 Resources equal to the product of 0.93 times the Foundation
25 Level, to 0.05 times the Foundation Level for a school
26 district with Available Local Resources equal to the product
27 of 1.75 times the Foundation Level. The allocation of
28 general State aid for school districts subject to this
29 paragraph 3 shall be the calculated general State aid per
30 pupil figure multiplied by the Average Daily Attendance of
31 the school district.
32 (4) For any school district for which Available Local
33 Resources per pupil equals or exceeds the product of 1.75
34 times the Foundation Level, the general State aid for the
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1 school district shall be calculated as the product of $218
2 multiplied by the Average Daily Attendance of the school
3 district.
4 (F) Compilation of Average Daily Attendance.
5 (1) Each school district shall, by July 1 of each year,
6 submit to the State Board of Education, on forms prescribed
7 by the State Board of Education, attendance figures for the
8 school year that began in the preceding calendar year. The
9 attendance information so transmitted shall identify the
10 average daily attendance figures for each month of the school
11 year, except that any days of attendance in August shall be
12 added to the month of September and any days of attendance in
13 June shall be added to the month of May.
14 Except as otherwise provided in this Section, days of
15 attendance by pupils shall be counted only for sessions of
16 not less than 5 clock hours of school work per day under
17 direct supervision of: (i) teachers, or (ii) non-teaching
18 personnel or volunteer personnel when engaging in
19 non-teaching duties and supervising in those instances
20 specified in subsection (a) of Section 10-22.34 and paragraph
21 10 of Section 34-18, with pupils of legal school age and in
22 kindergarten and grades 1 through 12.
23 Days of attendance by tuition pupils shall be accredited
24 only to the districts that pay the tuition to a recognized
25 school.
26 (2) Days of attendance by pupils of less than 5 clock
27 hours of school shall be subject to the following provisions
28 in the compilation of Average Daily Attendance.
29 (a) Pupils regularly enrolled in a public school
30 for only a part of the school day may be counted on the
31 basis of 1/6 day for every class hour of instruction of
32 40 minutes or more attended pursuant to such enrollment.
33 (b) Days of attendance may be less than 5 clock
34 hours on the opening and closing of the school term, and
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1 upon the first day of pupil attendance, if preceded by a
2 day or days utilized as an institute or teachers'
3 workshop.
4 (c) A session of 4 or more clock hours may be
5 counted as a day of attendance upon certification by the
6 regional superintendent, and approved by the State
7 Superintendent of Education to the extent that the
8 district has been forced to use daily multiple sessions.
9 (d) A session of 3 or more clock hours may be
10 counted as a day of attendance (1) when the remainder of
11 the school day or at least 2 hours in the evening of that
12 day is utilized for an in-service training program for
13 teachers, up to a maximum of 5 days per school year of
14 which a maximum of 4 days of such 5 days may be used for
15 parent-teacher conferences, provided a district conducts
16 an in-service training program for teachers which has
17 been approved by the State Superintendent of Education;
18 or, in lieu of 4 such days, 2 full days may be used, in
19 which event each such day may be counted as a day of
20 attendance; and (2) when days in addition to those
21 provided in item (1) are scheduled by a school pursuant
22 to its school improvement plan adopted under Article 34
23 or its revised or amended school improvement plan adopted
24 under Article 2, provided that (i) such sessions of 3 or
25 more clock hours are scheduled to occur at regular
26 intervals, (ii) the remainder of the school days in which
27 such sessions occur are utilized for in-service training
28 programs or other staff development activities for
29 teachers, and (iii) a sufficient number of minutes of
30 school work under the direct supervision of teachers are
31 added to the school days between such regularly scheduled
32 sessions to accumulate not less than the number of
33 minutes by which such sessions of 3 or more clock hours
34 fall short of 5 clock hours. Any full days used for the
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1 purposes of this paragraph shall not be considered for
2 computing average daily attendance. Days scheduled for
3 in-service training programs, staff development
4 activities, or parent-teacher conferences may be
5 scheduled separately for different grade levels and
6 different attendance centers of the district.
7 (e) A session of not less than one clock hour
8 teaching of hospitalized or homebound pupils on-site or
9 by telephone to the classroom may be counted as 1/2 day
10 of attendance, however these pupils must receive 4 or
11 more clock hours of instruction to be counted for a full
12 day of attendance.
13 (f) A session of at least 4 clock hours may be
14 counted as a day of attendance for first grade pupils,
15 and pupils in full day kindergartens, and a session of 2
16 or more hours may be counted as 1/2 day of attendance by
17 pupils in kindergartens which provide only 1/2 day of
18 attendance.
19 (g) For children with disabilities who are below
20 the age of 6 years and who cannot attend 2 or more clock
21 hours because of their disability or immaturity, a
22 session of not less than one clock hour may be counted as
23 1/2 day of attendance; however for such children whose
24 educational needs so require a session of 4 or more clock
25 hours may be counted as a full day of attendance.
26 (h) A recognized kindergarten which provides for
27 only 1/2 day of attendance by each pupil shall not have
28 more than 1/2 day of attendance counted in any 1 day.
29 However, kindergartens may count 2 1/2 days of attendance
30 in any 5 consecutive school days. When a pupil attends
31 such a kindergarten for 2 half days on any one school
32 day, the pupil shall have the following day as a day
33 absent from school, unless the school district obtains
34 permission in writing from the State Superintendent of
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1 Education. Attendance at kindergartens which provide for
2 a full day of attendance by each pupil shall be counted
3 the same as attendance by first grade pupils. Only the
4 first year of attendance in one kindergarten shall be
5 counted, except in case of children who entered the
6 kindergarten in their fifth year whose educational
7 development requires a second year of kindergarten as
8 determined under the rules and regulations of the State
9 Board of Education.
10 (G) Equalized Assessed Valuation Data.
11 (1) For purposes of the calculation of Available Local
12 Resources required pursuant to subsection (D), the State
13 Board of Education shall secure from the Department of
14 Revenue the value as equalized or assessed by the Department
15 of Revenue of all taxable property of every school district
16 together with the applicable tax rate used in extending taxes
17 for the funds of the district as of September 30 of the
18 previous year.
19 This equalized assessed valuation, as adjusted further by
20 the requirements of this subsection, shall be utilized in the
21 calculation of Available Local Resources.
22 (2) The equalized assessed valuation in paragraph (1)
23 shall be adjusted, as applicable, in the following manner:
24 (a) For the purposes of calculating State aid under
25 this Section, with respect to any part of a school
26 district within a redevelopment project area in respect
27 to which a municipality has adopted tax increment
28 allocation financing pursuant to the Tax Increment
29 Allocation Redevelopment Act, Sections 11-74.4-1 through
30 11-74.4-11 of the Illinois Municipal Code or the
31 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
32 11-74.6-50 of the Illinois Municipal Code, no part of the
33 current equalized assessed valuation of real property
34 located in any such project area which is attributable to
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1 an increase above the total initial equalized assessed
2 valuation of such property shall be used as part of the
3 equalized assessed valuation of the district, until such
4 time as all redevelopment project costs have been paid,
5 as provided in Section 11-74.4-8 of the Tax Increment
6 Allocation Redevelopment Act or in Section 11-74.6-35 of
7 the Industrial Jobs Recovery Law. For the purpose of the
8 equalized assessed valuation of the district, the total
9 initial equalized assessed valuation or the current
10 equalized assessed valuation, whichever is lower, shall
11 be used until such time as all redevelopment project
12 costs have been paid.
13 (b) The real property equalized assessed valuation
14 for a school district shall be adjusted by subtracting
15 from the real property value as equalized or assessed by
16 the Department of Revenue for the district an amount
17 computed by dividing the amount of any abatement of taxes
18 under Section 18-170 of the Property Tax Code by 3.00%
19 for a district maintaining grades kindergarten through 12
20 or by 2.30% for a district maintaining grades
21 kindergarten through 8, or by 1.20% for a district
22 maintaining grades 9 through 12 and adjusted by an amount
23 computed by dividing the amount of any abatement of taxes
24 under subsection (a) of Section 18-165 of the Property
25 Tax Code by the same percentage rates for district type
26 as specified in this subparagraph (c).
27 (H) Supplemental General State Aid.
28 (1) In addition to the general State aid a school
29 district is allotted pursuant to subsection (E), qualifying
30 school districts shall receive a grant, paid in conjunction
31 with a district's payments of general State aid, for
32 supplemental general State aid based upon the concentration
33 level of children from low-income households within the
34 school district. Supplemental State aid grants provided for
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1 school districts under this subsection shall be appropriated
2 for distribution to school districts as part of the same line
3 item in which the general State financial aid of school
4 districts is appropriated under this Section. For purposes of
5 this subsection, the term "Low-Income Concentration Level"
6 shall be the low-income eligible pupil count from the most
7 recently available federal census divided by the Average
8 Daily Attendance of the school district.
9 (2) Supplemental general State aid pursuant to this
10 subsection shall be provided as follows:
11 (a) For any school district with a Low Income
12 Concentration Level of at least 20% and less than 35%,
13 the grant for any school year shall be $800 multiplied by
14 the low income eligible pupil count.
15 (b) For any school district with a Low Income
16 Concentration Level of at least 35% and less than 50%,
17 the grant for the 1998-1999 school year shall be $1,100
18 multiplied by the low income eligible pupil count.
19 (c) For any school district with a Low Income
20 Concentration Level of at least 50% and less than 60%,
21 the grant for the 1998-99 school year shall be $1,500
22 multiplied by the low income eligible pupil count.
23 (d) For any school district with a Low Income
24 Concentration Level of 60% or more, the grant for the
25 1998-99 school year shall be $1,900 multiplied by the low
26 income eligible pupil count.
27 (e) For the 1999-2000 school year, the per pupil
28 amount specified in subparagraphs (b), (c), and (d),
29 immediately above shall be increased by $100 to $1,200,
30 $1,600, and $2,000, respectively.
31 (f) For the 2000-2001 school year, the per pupil
32 amounts specified in subparagraphs (b), (c) and (d)
33 immediately above shall be increased to $1,230, $1,640,
34 and $2,050, respectively.
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1 (3) School districts with an Average Daily Attendance of
2 more than 1,000 and less than 50,000 that qualify for
3 supplemental general State aid pursuant to this subsection
4 shall submit a plan to the State Board of Education prior to
5 October 30 of each year for the use of the funds resulting
6 from this grant of supplemental general State aid for the
7 improvement of instruction in which priority is given to
8 meeting the education needs of disadvantaged children. Such
9 plan shall be submitted in accordance with rules and
10 regulations promulgated by the State Board of Education.
11 (4) School districts with an Average Daily Attendance of
12 50,000 or more that qualify for supplemental general State
13 aid pursuant to this subsection shall be required to
14 distribute from funds available pursuant to this Section, no
15 less than $261,000,000 in accordance with the following
16 requirements:
17 (a) The required amounts shall be distributed to
18 the attendance centers within the district in proportion
19 to the number of pupils enrolled at each attendance
20 center who are eligible to receive free or reduced-price
21 lunches or breakfasts under the federal Child Nutrition
22 Act of 1966 and under the National School Lunch Act
23 during the immediately preceding school year.
24 (b) The distribution of these portions of
25 supplemental and general State aid among attendance
26 centers according to these requirements shall not be
27 compensated for or contravened by adjustments of the
28 total of other funds appropriated to any attendance
29 centers, and the Board of Education shall utilize funding
30 from one or several sources in order to fully implement
31 this provision annually prior to the opening of school.
32 (c) Each attendance center shall be provided by the
33 school district a distribution of noncategorical funds
34 and other categorical funds to which an attendance center
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1 is entitled under law in order that the general State aid
2 and supplemental general State aid provided by
3 application of this subsection supplements rather than
4 supplants the noncategorical funds and other categorical
5 funds provided by the school district to the attendance
6 centers.
7 (d) Any funds made available under this subsection
8 that by reason of the provisions of this subsection are
9 not required to be allocated and provided to attendance
10 centers may be used and appropriated by the board of the
11 district for any lawful school purpose.
12 (e) Funds received by an attendance center pursuant
13 to this subsection shall be used by the attendance center
14 at the discretion of the principal and local school
15 council for programs to improve educational opportunities
16 at qualifying schools through the following programs and
17 services: early childhood education, reduced class size
18 or improved adult to student classroom ratio, enrichment
19 programs, remedial assistance, attendance improvement and
20 other educationally beneficial expenditures which
21 supplement the regular and basic programs as determined
22 by the State Board of Education. Funds provided shall
23 not be expended for any political or lobbying purposes as
24 defined by board rule.
25 (f) Each district subject to the provisions of this
26 subdivision (H)(4) shall submit an acceptable plan to
27 meet the educational needs of disadvantaged children, in
28 compliance with the requirements of this paragraph, to
29 the State Board of Education prior to July 15 of each
30 year. This plan shall be consistent with the decisions of
31 local school councils concerning the school expenditure
32 plans developed in accordance with part 4 of Section
33 34-2.3. The State Board shall approve or reject the plan
34 within 60 days after its submission. If the plan is
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1 rejected, the district shall give written notice of
2 intent to modify the plan within 15 days of the
3 notification of rejection and then submit a modified plan
4 within 30 days after the date of the written notice of
5 intent to modify. Districts may amend approved plans
6 pursuant to rules promulgated by the State Board of
7 Education.
8 Upon notification by the State Board of Education
9 that the district has not submitted a plan prior to July
10 15 or a modified plan within the time period specified
11 herein, the State aid funds affected by that plan or
12 modified plan shall be withheld by the State Board of
13 Education until a plan or modified plan is submitted.
14 If the district fails to distribute State aid to
15 attendance centers in accordance with an approved plan,
16 the plan for the following year shall allocate funds, in
17 addition to the funds otherwise required by this
18 subsection, to those attendance centers which were
19 underfunded during the previous year in amounts equal to
20 such underfunding.
21 For purposes of determining compliance with this
22 subsection in relation to the requirements of attendance
23 center funding, each district subject to the provisions
24 of this subsection shall submit as a separate document by
25 December 1 of each year a report of expenditure data for
26 the prior year in addition to any modification of its
27 current plan. If it is determined that there has been a
28 failure to comply with the expenditure provisions of this
29 subsection regarding contravention or supplanting, the
30 State Superintendent of Education shall, within 60 days
31 of receipt of the report, notify the district and any
32 affected local school council. The district shall within
33 45 days of receipt of that notification inform the State
34 Superintendent of Education of the remedial or corrective
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1 action to be taken, whether by amendment of the current
2 plan, if feasible, or by adjustment in the plan for the
3 following year. Failure to provide the expenditure
4 report or the notification of remedial or corrective
5 action in a timely manner shall result in a withholding
6 of the affected funds.
7 The State Board of Education shall promulgate rules
8 and regulations to implement the provisions of this
9 subsection. No funds shall be released under this
10 subdivision (H)(4) to any district that has not submitted
11 a plan that has been approved by the State Board of
12 Education.
13 (I) General State Aid for Newly Configured School Districts.
14 (1) For a new school district formed by combining
15 property included totally within 2 or more previously
16 existing school districts, for its first year of existence
17 the general State aid and supplemental general State aid
18 calculated under this Section shall be computed for the new
19 district and for the previously existing districts for which
20 property is totally included within the new district. If the
21 computation on the basis of the previously existing districts
22 is greater, a supplementary payment equal to the difference
23 shall be made for the first 4 years of existence of the new
24 district.
25 (2) For a school district which annexes all of the
26 territory of one or more entire other school districts, for
27 the first year during which the change of boundaries
28 attributable to such annexation becomes effective for all
29 purposes as determined under Section 7-9 or 7A-8, the general
30 State aid and supplemental general State aid calculated under
31 this Section shall be computed for the annexing district as
32 constituted after the annexation and for the annexing and
33 each annexed district as constituted prior to the annexation;
34 and if the computation on the basis of the annexing and
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1 annexed districts as constituted prior to the annexation is
2 greater, a supplementary payment equal to the difference
3 shall be made for the first 4 years of existence of the
4 annexing school district as constituted upon such annexation.
5 (3) For 2 or more school districts which annex all of
6 the territory of one or more entire other school districts,
7 and for 2 or more community unit districts which result upon
8 the division (pursuant to petition under Section 11A-2) of
9 one or more other unit school districts into 2 or more parts
10 and which together include all of the parts into which such
11 other unit school district or districts are so divided, for
12 the first year during which the change of boundaries
13 attributable to such annexation or division becomes effective
14 for all purposes as determined under Section 7-9 or 11A-10,
15 as the case may be, the general State aid and supplemental
16 general State aid calculated under this Section shall be
17 computed for each annexing or resulting district as
18 constituted after the annexation or division and for each
19 annexing and annexed district, or for each resulting and
20 divided district, as constituted prior to the annexation or
21 division; and if the aggregate of the general State aid and
22 supplemental general State aid as so computed for the
23 annexing or resulting districts as constituted after the
24 annexation or division is less than the aggregate of the
25 general State aid and supplemental general State aid as so
26 computed for the annexing and annexed districts, or for the
27 resulting and divided districts, as constituted prior to the
28 annexation or division, then a supplementary payment equal to
29 the difference shall be made and allocated between or among
30 the annexing or resulting districts, as constituted upon such
31 annexation or division, for the first 4 years of their
32 existence. The total difference payment shall be allocated
33 between or among the annexing or resulting districts in the
34 same ratio as the pupil enrollment from that portion of the
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1 annexed or divided district or districts which is annexed to
2 or included in each such annexing or resulting district bears
3 to the total pupil enrollment from the entire annexed or
4 divided district or districts, as such pupil enrollment is
5 determined for the school year last ending prior to the date
6 when the change of boundaries attributable to the annexation
7 or division becomes effective for all purposes. The amount
8 of the total difference payment and the amount thereof to be
9 allocated to the annexing or resulting districts shall be
10 computed by the State Board of Education on the basis of
11 pupil enrollment and other data which shall be certified to
12 the State Board of Education, on forms which it shall provide
13 for that purpose, by the regional superintendent of schools
14 for each educational service region in which the annexing and
15 annexed districts, or resulting and divided districts are
16 located.
17 (4) Any supplementary payment made under this subsection
18 (I) shall be treated as separate from all other payments made
19 pursuant to this Section.
20 (J) Supplementary Grants in Aid.
21 (1) Notwithstanding any other provisions of this
22 Section, the amount of the aggregate general State aid in
23 combination with supplemental general State aid under this
24 Section for which each school district is eligible for the
25 1998-1999 school year shall be no less than the amount of the
26 aggregate general State aid entitlement that was received by
27 the district under Section 18-8 (exclusive of amounts
28 received under subsections 5(p) and 5(p-5) of that Section)
29 for the 1997-98 school year, pursuant to the provisions of
30 that Section as it was then in effect. If a school district
31 qualifies to receive a supplementary payment made under this
32 subsection (J) for the 1998-1999 school year, the amount of
33 the aggregate general State aid in combination with
34 supplemental general State aid under this Section which that
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1 district is eligible to receive for each school year
2 subsequent to the 1998-1999 school year shall be no less than
3 the amount of the aggregate general State aid entitlement
4 that was received by the district under Section 18-8
5 (exclusive of amounts received under subsections 5(p) and
6 5(p-5) of that Section) for the 1997-1998 school year,
7 pursuant to the provisions of that Section as it was then in
8 effect.
9 (2) If, as provided in paragraph (1) of this subsection
10 (J), a school district is to receive aggregate general State
11 aid in combination with supplemental general State aid under
12 this Section for the 1998-99 school year, or for the 1998-99
13 school year and any subsequent school year, that in any such
14 school year is less than the amount of the aggregate general
15 State aid entitlement that the district received for the
16 1997-98 school year, the school district shall also receive,
17 from a separate appropriation made for purposes of this
18 subsection (J), a supplementary payment that is equal to the
19 amount of the difference in the aggregate State aid figures
20 as described in paragraph (1).
21 (3) If the amount appropriated for supplementary
22 payments to school districts under this subsection (J) is
23 insufficient for that purpose, the supplementary payments
24 that districts are to receive under this subsection shall be
25 prorated according to the aggregate amount of the
26 appropriation made for purposes of this subsection.
27 (K) Grants to Laboratory and Alternative Schools.
28 In calculating the amount to be paid to the governing
29 board of a public university that operates a laboratory
30 school under this Section or to any alternative school that
31 is operated by a regional superintendent of schools, the
32 State Board of Education shall require by rule such reporting
33 requirements as it deems necessary.
34 As used in this Section, "laboratory school" means a
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1 public school which is created and operated by a public
2 university and approved by the State Board of Education. The
3 governing board of a public university which receives funds
4 from the State Board under this subsection (K) may not
5 increase the number of students enrolled in its laboratory
6 school from a single district, if that district is already
7 sending 50 or more students, except under a mutual agreement
8 between the school board of a student's district of residence
9 and the university which operates the laboratory school. A
10 laboratory school may not have more than 1,000 students,
11 excluding students with disabilities in a special education
12 program.
13 As used in this Section, "alternative school" means a
14 public school which is created and operated by a Regional
15 Superintendent of Schools and approved by the State Board of
16 Education. Such alternative schools may offer courses of
17 instruction for which credit is given in regular school
18 programs, courses to prepare students for the high school
19 equivalency testing program or vocational and occupational
20 training. A regional superintendent of schools may contract
21 with a school district or a public community college district
22 to operate an alternative school. An alternative school
23 serving more than one educational service region may be
24 operated under such terms as the regional superintendents of
25 schools of those educational service regions may agree.
26 Each laboratory and alternative school shall file, on
27 forms provided by the State Superintendent of Education, an
28 annual State aid claim which states the Average Daily
29 Attendance of the school's students by month. The best 3
30 months' Average Daily Attendance shall be computed for each
31 school. The general State aid entitlement shall be computed
32 by multiplying the applicable Average Daily Attendance by the
33 Foundation Level as determined under this Section.
34 (L) Payments, Additional Grants in Aid and Other
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1 Requirements.
2 (1) For a school district operating under the financial
3 supervision of an Authority created under Article 34A, the
4 general State aid otherwise payable to that district under
5 this Section, but not the supplemental general State aid,
6 shall be reduced by an amount equal to the budget for the
7 operations of the Authority as certified by the Authority to
8 the State Board of Education, and an amount equal to such
9 reduction shall be paid to the Authority created for such
10 district for its operating expenses in the manner provided in
11 Section 18-11. The remainder of general State school aid for
12 any such district shall be paid in accordance with Article
13 34A when that Article provides for a disposition other than
14 that provided by this Article.
15 (2) Impaction. Impaction payments shall be made as
16 provided for in Section 18-4.2.
17 (3) Summer school. Summer school payments shall be made
18 as provided in Section 18-4.3.
19 (M) Education Funding Advisory Board.
20 The Education Funding Advisory Board, hereinafter in this
21 subsection (M) referred to as the "Board", is hereby created.
22 The Board shall consist of 5 members who are appointed by the
23 Governor, by and with the advice and consent of the Senate.
24 The members appointed shall include representatives of
25 education, business, and the general public. One of the
26 members so appointed shall be designated by the Governor at
27 the time the appointment is made as the chairperson of the
28 Board. The initial members of the Board may be appointed any
29 time after the effective date of this amendatory Act of 1997.
30 The regular term of each member of the Board shall be for 4
31 years from the third Monday of January of the year in which
32 the term of the member's appointment is to commence, except
33 that of the 5 initial members appointed to serve on the
34 Board, the member who is appointed as the chairperson shall
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1 serve for a term that commences on the date of his or her
2 appointment and expires on the third Monday of January, 2002,
3 and the remaining 4 members, by lots drawn at the first
4 meeting of the Board that is held after all 5 members are
5 appointed, shall determine 2 of their number to serve for
6 terms that commence on the date of their respective
7 appointments and expire on the third Monday of January, 2001,
8 and 2 of their number to serve for terms that commence on the
9 date of their respective appointments and expire on the third
10 Monday of January, 2000. All members appointed to serve on
11 the Board shall serve until their respective successors are
12 appointed and confirmed. Vacancies shall be filled in the
13 same manner as original appointments. If a vacancy in
14 membership occurs at a time when the Senate is not in
15 session, the Governor shall make a temporary appointment
16 until the next meeting of the Senate, when he or she shall
17 appoint, by and with the advice and consent of the Senate, a
18 person to fill that membership for the unexpired term. If
19 the Senate is not in session when the initial appointments
20 are made, those appointments shall be made as in the case of
21 vacancies.
22 The Education Funding Advisory Board shall be deemed
23 established, and the initial members appointed by the
24 Governor to serve as members of the Board shall take office,
25 on the date that the Governor makes his or her appointment of
26 the fifth initial member of the Board, whether those initial
27 members are then serving pursuant to appointment and
28 confirmation or pursuant to temporary appointments that are
29 made by the Governor as in the case of vacancies.
30 The State Board of Education shall provide such staff
31 assistance to the Education Funding Advisory Board as is
32 reasonably required for the proper performance by the Board
33 of its responsibilities.
34 For school years after the 2000-2001 school year, the
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1 Education Funding Advisory Board, in consultation with the
2 State Board of Education, shall make recommendations as
3 provided in this subsection (M) to the General Assembly for
4 the foundation level under subdivision (B)(3) of this Section
5 and for the supplemental general State aid grant level under
6 subsection (H) of this Section for districts with high
7 concentrations of children from poverty. The recommended
8 foundation level shall be determined based on a methodology
9 which incorporates the basic education expenditures of
10 low-spending schools exhibiting high academic performance.
11 The Education Funding Advisory Board shall make such
12 recommendations to the General Assembly on January 1 of odd
13 numbered years, beginning January 1, 2001.
14 (N) General State Aid Adjustment Grant.
15 (1) Any school district subject to property tax
16 extension limitations as imposed under the provisions of the
17 Property Tax Extension Limitation Law shall be entitled to
18 receive, subject to the qualifications and requirements of
19 this subsection, a general State aid adjustment grant.
20 Eligibility for this grant shall be determined on an annual
21 basis and claims for grant payments shall be paid subject to
22 appropriations made specific to this subsection. For
23 purposes of this subsection the following terms shall have
24 the following meanings:
25 "Budget Year": The school year for which general State
26 aid is calculated and awarded under subsection (E).
27 "Current Year": The school year immediately preceding
28 the Budget Year.
29 "Base Tax Year": The property tax levy year used to
30 calculate the Budget Year allocation of general State aid.
31 "Preceding Tax Year": The property tax levy year
32 immediately preceding the Base Tax Year.
33 "Extension Limitation Ratio": A numerical ratio,
34 certified by a school district's County Clerk, in which the
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1 numerator is the Base Tax Year's tax extension amount
2 resulting from the Operating Tax Rate and the denominator is
3 the Preceding Tax Year's tax extension amount resulting from
4 the Operating Tax Rate.
5 "Operating Tax Rate": The operating tax rate as defined
6 in subsection (A).
7 (2) To qualify for a general State aid adjustment grant,
8 a school district must meet all of the following eligibility
9 criteria for each Budget Year for which a grant is claimed:
10 (a) The Operating Tax Rate of the school district
11 in the Preceding Tax Year was at least 3.00% in the case
12 of a school district maintaining grades kindergarten
13 through 12, at least 2.30% in the case of a school
14 district maintaining grades kindergarten through 8, or at
15 least 1.41% in the case of a school district maintaining
16 grades 9 through 12.
17 (b) The Operating Tax Rate of the school district
18 for the Base Tax Year was reduced by the Clerk of the
19 County as a result of the requirements of the Property
20 Tax Extension Limitation Law.
21 (c) The Available Local Resources per pupil of the
22 school district as calculated pursuant to subsection (D)
23 using the Base Tax Year are less than the product of 1.75
24 times the Foundation Level for the Budget Year.
25 (d) The school district has filed a proper and
26 timely claim for a general State aid adjustment grant as
27 required under this subsection.
28 (3) A claim for grant assistance under this subsection
29 shall be filed with the State Board of Education on or before
30 January 1 of the Current Year for a grant for the Budget
31 Year. The claim shall be made on forms prescribed by the
32 State Board of Education and must be accompanied by a written
33 statement from the Clerk of the County, certifying:
34 (a) That the school district has its extension for
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1 the Base Tax Year reduced as a result of the Property Tax
2 Extension Limitation Law.
3 (b) That the Operating Tax Rate of the school
4 district for the Preceding Tax Year met the tax rate
5 requirements of subdivision (N)(2) of this Section.
6 (c) The Extension Limitation Ratio as that term is
7 defined in this subsection.
8 (4) On or before August 1 of the Budget Year the State
9 Board of Education shall calculate, for all school districts
10 meeting the other requirements of this subsection, the amount
11 of the general State aid adjustment grant, if any, that the
12 school districts are eligible to receive in the Budget Year.
13 The amount of the general State aid adjustment grant shall be
14 calculated as follows:
15 (a) Determine the school district's general State
16 aid grant for the Budget Year as provided in accordance
17 with the provisions of subsection (E).
18 (b) Determine the school district's adjusted level
19 of general State aid by utilizing in the calculation of
20 Available Local Resources an equalized assessed valuation
21 that is the equalized assessed valuation of the Preceding
22 Tax Year multiplied by the Extension Limitation Ratio.
23 (c) Subtract the sum derived in subparagraph (a)
24 from the sum derived in subparagraph (b). If the result
25 is a positive number, that amount shall be the general
26 State aid adjustment grant that the district is eligible
27 to receive.
28 (5) The State Board of Education shall in the Current
29 Year, based upon claims filed in the Current Year, recommend
30 to the General Assembly an appropriation amount for the
31 general State aid adjustment grants to be made in the Budget
32 Year.
33 (6) Claims for general State aid adjustment grants shall
34 be paid in a lump sum on or before January 1 of the Budget
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1 Year only from appropriations made by the General Assembly
2 expressly for claims under this subsection. No such claims
3 may be paid from amounts appropriated for any other purpose
4 provided for under this Section. In the event that the
5 appropriation for claims under this subsection is
6 insufficient to meet all Budget Year claims for a general
7 State aid adjustment grant, the appropriation available shall
8 be proportionately prorated by the State Board of Education
9 amongst all districts filing for and entitled to payments.
10 (7) The State Board of Education shall promulgate the
11 required claim forms and rules necessary to implement the
12 provisions of this subsection.
13 (O) References.
14 (1) References in other laws to the various subdivisions
15 of Section 18-8 as that Section existed before its repeal and
16 replacement by this Section 18-8.05 shall be deemed to refer
17 to the corresponding provisions of this Section 18-8.05, to
18 the extent that those references remain applicable.
19 (2) References in other laws to State Chapter 1 funds
20 shall be deemed to refer to the supplemental general State
21 aid provided under subsection (H) of this Section.
22 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
23 revised 1-8-98.)
24 Section 78. The Education Cost-Effectiveness Agenda Act
25 is amended by changing Section 5 as follows:
26 (105 ILCS 225/5) (from Ch. 122, par. 1955)
27 Sec. 5. Monies in the Fund shall be appropriated to the
28 Illinois State Board of Education for use in establishing and
29 administering:
30 (1) A Retired Teacher Service Corps, which would
31 utilize the skills and knowledge of retired teachers to
32 provide supplementary instruction of at-risk children, as
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1 defined by the State Board of Education, and any other
2 students in need of assistance.;
3 (2) A Partnership in Training program designed to
4 bring private businesses and the State together in
5 ensuring a trained and trainable workforce for employers
6 of the State. The partnership shall cooperate in
7 preparing educational programs in the schools designed to
8 increase the vocational abilities of students as they
9 leave high school and enter the private sector. The
10 purpose shall be to tie the schools and the business
11 community together.;
12 (3) A Parents as Teachers program designed to
13 provide training, materials and other assistance
14 necessary to enable parents to provide basic preschool
15 education in the home.; and
16 (4) A Rural School Satellite Instruction program to
17 link rural schools, through video or audio communication
18 systems, to otherwise unavailable educational services.
19 Monies of the Fund shall supplement, not supplant, any
20 funding being used by the State Board of Education for these
21 purposes on the effective date of this Act. The State Board
22 of Education may enter into contractual contractural or
23 cooperative agreements with the Illinois Board of Higher
24 Education, Illinois Community College Board, Illinois State
25 Scholarship Commission and any other relevant State
26 department or agency or public or and private organization
27 organizations.
28 (Source: P.A. 86-852; revised 6-27-97.)
29 Section 79. The Board of Higher Education Act is amended
30 by changing Section 9.21 as follows:
31 (110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
32 Sec. 9.21. Human Relations.
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1 (a) The Board shall monitor, budget, evaluate, and
2 report to the General Assembly in accordance with Section
3 9.16 of this Act on programs to improve human relations to
4 include race, ethnicity, gender and other issues related to
5 improving human relations. The programs shall at least:
6 (1) require each public institution of higher
7 education to include, in the general education
8 requirements for obtaining a degree, coursework on
9 improving human relations to include race, ethnicity,
10 gender and other issues related to improving human
11 relations to address racism and sexual harassment on
12 their campuses, through existing courses;
13 (2) require each public institution of higher
14 education to report monthly to the Department of Human
15 Rights and the Attorney General on each adjudicated case
16 in which a finding of racial, ethnic or religious
17 intimidation or sexual harassment made in a grievance,
18 affirmative action or other proceeding established by
19 that institution to investigate and determine allegations
20 of racial, ethnic or religious intimidation and sexual
21 harassment; and
22 (3) require each public institution of higher
23 education to forward to the local State's Attorney any
24 report received by campus security or by a university
25 police department alleging the commission of a hate crime
26 as defined under Section 12-7.1 12.7-1 of the Criminal
27 Code of 1961.
28 (Source: P.A. 87-581; revised 12-18-97.)
29 Section 80. The Public Community College Act is amended
30 by changing Sections 2-12.1, 2-16.02, and 7-13 as follows:
31 (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
32 Sec. 2-12.1. Experimental district; abolition of
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1 experimental district and establishment of new community
2 college district.
3 (a) The State Board shall establish an experimental
4 community college district, referred to in this Act as the
5 "experimental district", to be comprised of territory which
6 includes the City of East St. Louis, Illinois. The State
7 Board shall determine the area and fix the boundaries of the
8 territory of the experimental district. Within 30 days of the
9 establishment of the experimental district, the State Board
10 shall file with the county clerk of the county, or counties,
11 concerned a map showing the territory of the experimental
12 district.
13 Within the experimental district, the State Board shall
14 establish, maintain and operate, until the experimental
15 district is abolished and a new community college district is
16 established under subsection (c), an experimental community
17 college to be known as the State Community College of East
18 St. Louis.
19 (b) (Blank).
20 (c) The experimental district shall be abolished and
21 replaced by a new community college district as follows:
22 (1) The establishment of the new community college
23 district shall become effective for all purposes on July
24 1, 1996, notwithstanding any minimum population,
25 equalized assessed valuation or other requirements
26 provided by Section 3-1 or any other provision of this
27 Act for the establishment of a community college
28 district.
29 (2) The experimental district established pursuant
30 to subsection (a) shall be abolished on July 1, 1996 when
31 the establishment of the new community college district
32 becomes effective for all purposes.
33 (3) The territory of the new community college
34 district shall be comprised of the territory of, and its
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1 boundaries shall be coterminous with the boundaries of
2 the experimental district which it will replace, as those
3 boundaries existed on November 7, 1995.
4 (4) Notwithstanding the fact that the establishment
5 of the new community college district does not become
6 effective for all purposes until July 1, 1996, the
7 election for the members of the initial board of the new
8 community college district, to consist of 7 members,
9 shall be held at the nonpartisan election in November of
10 1995 in the manner provided by the general election law,
11 nominating petitions for members of the initial board
12 shall be filed with the regional superintendent in the
13 manner provided by Section 3-7.10 with respect to newly
14 organized districts, and the persons entitled to nominate
15 and to vote at the election for the members of the board
16 of the new community college district shall be the
17 electors in the territory referred to in paragraph (3) of
18 this subsection. In addition, for purposes of the levy,
19 extension, and collection of taxes as provided in
20 paragraph (5.5) of this subsection and for the purposes
21 of establishing the territory and boundaries of the new
22 community college district within and for which those
23 taxes are to be levied, the new community college
24 district shall be deemed established and effective when
25 the 7 members of the initial board of the new community
26 college district are elected and take office as provided
27 in this subsection (c).
28 (5) Each member elected to the initial board of the
29 new community college district must, on the date of his
30 election, be a citizen of the United States, of the age
31 of 18 years or over, and a resident of the State and the
32 territory referred to in paragraph (3) of this subsection
33 for at least one year preceding his election. Election
34 to the initial board of the new community college
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1 district of a person who on July 1, 1996 is a member of a
2 common school board constitutes his resignation from, and
3 creates a vacancy on that common school board effective
4 July 1, 1996.
5 (5.5) The members first elected to the board of
6 trustees shall take office on the first Monday of
7 December, 1995, for the sole and limited purpose of
8 levying, at the rates specified in the proposition
9 submitted to the electors under subsection (b), taxes for
10 the educational purposes and for the operations and
11 maintenance of facilities purposes of the new community
12 college district. The taxes shall be levied in calendar
13 year 1995 for extension and collection in calendar year
14 1996, notwithstanding the fact that the new community
15 college district does not become effective for the
16 purposes of administration of the community college until
17 July 1, 1996. The regional superintendent shall convene
18 the meeting under this paragraph and the members shall
19 organize for the purpose of that meeting by electing, pro
20 tempore, a chairperson and a secretary. At that meeting
21 the board is authorized to levy taxes for educational
22 purposes and for operations and maintenance of facilities
23 purposes as authorized in this paragraph without adopting
24 any budget for the new community college district and
25 shall certify the levy to the appropriate county clerk or
26 county clerks in accordance with law. The county clerks
27 shall extend the levy notwithstanding any law that
28 otherwise requires adoption of a budget before extension
29 of the levy. The funds produced by the levy made under
30 this paragraph to the extent received by a county
31 collector before July 1, 1996 shall immediately be
32 invested in lawful investments and held by the county
33 collector for payment and transfer to the new community
34 college district, along with all accrued interest or
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1 other earnings accrued on the investment, as provided by
2 law on July 1, 1996. All funds produced by the levy and
3 received by a county collector on or after July 1, 1996
4 shall be transferred to the new community college
5 district as provided by law at such time as they are
6 received by the county collector.
7 (5.75) Notwithstanding any other provision of this
8 Section or the fact that establishment of the new
9 community college district as provided in this subsection
10 does not take effect until July 1, 1996, the members
11 first elected to the board of trustees of the new
12 community college district are authorized to meet,
13 beginning on June 1, 1996 and thereafter for purposes of:
14 (i) arranging for and approving educational programs,
15 ancillary services, staffing, and associated expenditures
16 that relate to the offering by the new community college
17 district of educational programs beginning on or after
18 July 1, 1996 and before the fall term of the 1996-97
19 academic year, and (ii) otherwise facilitating the
20 orderly transition of operations from the experimental
21 district known as State Community College of East St.
22 Louis to the new community college district established
23 under this subsection. The persons elected to serve, pro
24 tempore, as chairperson and secretary of the board for
25 purposes of paragraph (5.5) shall continue to serve in
26 that capacity for purposes of this paragraph (5.75).
27 (6) Except as otherwise provided in paragraphs
28 (5.5) and (5.75), each of the members first elected to
29 the board of the new community college district shall
30 take office on July 1, 1996, and the Illinois Community
31 College Board, publicly by lot and not later than July 1,
32 1996, shall determine the length of term to be served by
33 each member of the initial board as follows: 2 shall
34 serve until their successors are elected at the
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1 nonpartisan election in 1997 and have qualified, 2 shall
2 serve until their successors are elected at the
3 consolidated election in 1999 and have qualified, and 3
4 shall serve until their successors are elected at the
5 consolidated election in 2001 and have qualified. Their
6 successors shall serve 6 year terms. Terms of members are
7 subject to Section 2A-54 of the Election Code.
8 (7) The regional superintendent shall convene the
9 initial board of the new community college district on
10 July 1, 1996, and the non-voting student member initially
11 selected to that board as provided in Section 3-7.24
12 shall serve a term beginning on the date of selection and
13 expiring on the next succeeding April 15. Upon being
14 convened on July 1, 1996, the board shall proceed to
15 organize in accordance with Section 3-8, and shall
16 thereafter continue to exercise the powers and duties of
17 a board in the manner provided by law for all boards of
18 community college districts except where obviously
19 inapplicable or otherwise provided by this Act.
20 Vacancies shall be filled, and members shall serve
21 without compensation subject to reimbursement for
22 reasonable expenses incurred in connection with their
23 service as members, as provided in Section 3-7. The duly
24 elected and organized board of the new community college
25 district shall levy taxes at a rate not to exceed .175
26 percent for educational purposes and at a rate not to
27 exceed .05 percent for operations and maintenance of
28 facilities purposes; provided that the board may act to
29 increase such rates at a regular election in accordance
30 with Section 3-14 and the general election law.
31 (d) Upon abolition of the experimental district and
32 establishment of the new community college district as
33 provided in this Section, all tangible personal property,
34 including inventory, equipment, supplies, and library books,
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1 materials, and collections, belonging to the experimental
2 district and State Community College of East St. Louis at the
3 time of their abolition under this Section shall be deemed
4 transferred, by operation of law, to the board of trustees of
5 the new community college district. In addition, all real
6 property, and the improvements situated thereon, held by
7 State Community College of East St. Louis or on its behalf by
8 its board of trustees shall, upon abolition of the
9 experimental district and college as provided in this
10 Section, be conveyed by the Illinois Community College Board,
11 in the manner prescribed by law, to the board of trustees of
12 the new community college district established under this
13 Section for so long as that real property is used for the
14 conduct and operation of a public community college and the
15 related purposes of a public community college district of
16 this State. Neither the new community college district nor
17 its board of trustees shall have any responsibility to any
18 vendor or other person making a claim relating to the
19 property, inventory, or equipment so transferred. On August
20 22, the effective date of this amendatory Act of 1997, the
21 endowment funds, gifts, trust funds, and funds from student
22 activity fees and the operation of student and staff medical
23 and health programs, union buildings, bookstores, campus
24 centers, and other auxiliary enterprises and activities that
25 were received by the board of trustees of State Community
26 College of East St. Louis and held and retained by that board
27 of trustees at the time of the abolition of the experimental
28 district and its replacement by the new community college
29 district as provided in this Section shall be deemed
30 transferred by operation of law to the board of trustees of
31 that new community college district, to be retained in its
32 own treasury and used in the conduct and operation of the
33 affairs and related purposes of the new community college
34 district. On August 22, the effective date of this
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1 amendatory Act of 1997, all funds held locally in the State
2 Community College of East St. Louis Contracts and Grants
3 Clearing Account, the State Community College of East St.
4 Louis Income Fund Clearing Account and the Imprest Fund shall
5 be transferred by the Board to the General Revenue Fund.
6 (e) The outstanding obligations incurred for fiscal
7 years prior to fiscal year 1997 by the board of trustees of
8 State Community College of East St. Louis before the
9 abolition of that college and the experimental district as
10 provided in this Section shall be paid by the State Board
11 from appropriations made to the State Board from the General
12 Revenue Fund for purposes of this subsection. To facilitate
13 the appropriations to be made for that purpose, the State
14 Comptroller and State Treasurer, without delay, shall
15 transfer to the General Revenue Fund from the State Community
16 College of East St. Louis Income Fund and the State Community
17 College of East St. Louis Contracts and Grants Fund, special
18 funds previously created in the State Treasury, any balances
19 remaining in those special funds on August 22, the effective
20 date of this amendatory Act of 1997.
21 (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
22 90-358, eff. 1-1-98; 90-509, eff. 8-22-97; revised 11-14-97.)
23 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
24 Sec. 2-16.02. Grants. Any community college district
25 that maintains a community college recognized by the State
26 Board shall receive, when eligible, grants enumerated in this
27 Section. Funded semester credit hours or other measures as
28 specified by the State Board shall be used to distribute
29 grants to community colleges. Funded semester credit hours
30 shall be defined, for purposes of this Section, as the
31 greater of (1) the number of semester credit hours, or
32 equivalent, in all funded instructional categories of
33 students who have been certified as being in attendance at
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1 midterm during the respective terms of the base fiscal year
2 or (2) the average of semester credit hours, or equivalent,
3 in all funded instructional categories of students who have
4 been certified as being in attendance at midterm during the
5 respective terms of the base fiscal year and the 2 prior
6 fiscal years. For purposes of this Section, "base fiscal
7 year" means the fiscal year 2 years prior to the fiscal year
8 for which the grants are appropriated. Such students shall
9 have been residents of Illinois and shall have been enrolled
10 in courses that are part of instructional program categories
11 approved by the State Board and that are applicable toward an
12 associate degree or certificate. Courses are not eligible
13 for reimbursement where the district receives federal or
14 State financing or both, except financing through the State
15 Board, for 50% or more of the program costs with the
16 exception of courses offered by contract with the Department
17 of Corrections in correctional institutions. Credit hour
18 grants shall be paid based on rates per funded semester
19 credit hour or equivalent calculated by the State Board for
20 funded instructional categories using cost of instruction,
21 enrollment, inflation, and other relevant factors. Small
22 district grants, in an amount to be determined by the State
23 Board, shall be made to each district with less than 75,000
24 funded semester credit hours, exclusive of Department of
25 Corrections credit hours.
26 Equalization grants shall be calculated by the State
27 Board by determining a local revenue factor for each district
28 by: (A) adding (1) each district's Corporate Personal
29 Property Replacement Fund allocations from the base fiscal
30 year or the average of the base fiscal year and prior year,
31 whichever is less, divided by the applicable statewide
32 average tax rate to (2) the district's most recently audited
33 year's equalized assessed valuation or the average of the
34 most recently audited year and prior year, whichever is less,
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1 (B) then dividing by the district's audited full-time
2 equivalent resident students for the base fiscal year or the
3 average for the base fiscal year and the 2 prior fiscal
4 years, whichever is greater, and (C) then multiplying by the
5 applicable statewide average tax rate. The State Board shall
6 calculate a statewide weighted average threshold by applying
7 the same methodology to the totals of all districts'
8 Corporate Personal Property Tax Replacement Fund allocations,
9 equalized assessed valuations, and audited full-time
10 equivalent district resident students and multiplying by the
11 applicable statewide average tax rate. The difference between
12 the statewide weighted average threshold and the local
13 revenue factor, multiplied by the number of full-time
14 equivalent resident students, shall determine the amount of
15 equalization funding that each district is eligible to
16 receive. A percentage factor, as determined by the State
17 Board, may be applied to the statewide threshold as a method
18 for allocating equalization funding. A minimum equalization
19 grant of an amount per district as determined by the State
20 Board shall be established for any community college district
21 which qualifies for an equalization grant based upon the
22 preceding criteria, but becomes ineligible for equalization
23 funding, or would have received a grant of less than the
24 minimum equalization grant, due to threshold prorations
25 applied to reduce equalization funding. As of July 1, 1997,
26 community college districts must maintain a minimum required
27 in-district tuition rate per semester credit hour as
28 determined by the State Board. For each fiscal year between
29 July 1, 1997 and June 30, 2001, districts not meeting the
30 minimum required rate will be subject to a percent reduction
31 of equalization funding as determined by the State Board. As
32 of July 1, 2001, districts must meet the required minimum
33 in-district tuition rate to qualify for equalization funding.
34 A special populations grant of a base 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 special populations purposes 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 courses and services related to programs
7 for educationally disadvantaged and minority students as
8 specified by the State Board.
9 A workforce preparation grant of a base grant amount as
10 determined by the State Board shall be distributed to each
11 community college district. Any remaining appropriated funds
12 for workforce preparation programs shall be distributed based
13 on factors as determined by the State Board. Each community
14 college district's expenditures of funds from those grants
15 shall be limited to workforce preparation activities and
16 services as specified by the State Board.
17 An advanced technology equipment grant shall be
18 distributed proportionately to each community college
19 district based on each district's share of the State total
20 funded semester credit hours, or equivalent, in business
21 occupational, technical occupational, and health occupational
22 courses or other measures as determined by the State Board.
23 Each community college district's expenditures of funds from
24 those grants shall be limited to procurement of equipment for
25 curricula impacted by technological advances as specified by
26 the State Board.
27 Until January 1, 1999, a retirees health insurance grant
28 shall be distributed proportionately to each community
29 college district or entity created pursuant to Section 3-55
30 based on the total number of community college retirees in
31 the State on July 1 of the fiscal year prior to the fiscal
32 year for which the grants are appropriated, as determined by
33 the State Board. Expenditures of funds from those grants
34 shall be limited to payment of costs associated with
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1 retirees' health insurance. Beginning January 1, 1999, the
2 retirees health insurance grant shall be limited to community
3 college districts subject to Article VII of this Act. The
4 retirees health insurance grants to community college
5 districts not subject to Article VII for fiscal year
6 1998-1999 shall be calculated so as to reflect the January 1,
7 1999 termination date.
8 A deferred maintenance grant shall be distributed to each
9 community college district based upon criteria as determined
10 by the State Board. Each community college district's
11 expenditures of funds from those grants shall be limited to
12 deferred maintenance activities specified by the State Board.
13 A grant shall be provided to the Illinois Occupational
14 Information Coordinating Committee for the purpose of
15 providing the State Board with labor market information by
16 updating the Occupational Information System and HORIZONS
17 Career Information System and by providing labor market
18 information and technical assistance, that grant to be
19 provided in its entirety during the first quarter of the
20 fiscal year.
21 The State Board shall distribute such other grants as may
22 be authorized or appropriated by the General Assembly.
23 Each community college district entitled to State grants
24 under this Section must submit a report of its enrollment to
25 the State Board not later than 30 days following the end of
26 each semester, quarter, or term in a format prescribed by the
27 State Board. These semester credit hours, or equivalent,
28 shall be certified by each district on forms provided by the
29 State Board. Each district's certified semester credit
30 hours, or equivalent, are subject to audit pursuant to
31 Section 3-22.1.
32 The State Board shall certify, prepare, and submit to the
33 State Comptroller during August, November, February, and May
34 of each fiscal year vouchers setting forth an amount equal to
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1 25% of the grants approved by the State Board for credit hour
2 grants, small district grants, special populations grants,
3 workforce preparation grants, equalization grants, advanced
4 technology equipment grants, deferred maintenance grants, and
5 retirees health insurance grants. The State Board shall
6 prepare and submit to the State Comptroller vouchers for
7 special initiatives grant payments as set forth in the
8 contracts executed pursuant to appropriations received for
9 special initiatives. The Comptroller shall cause his warrants
10 to be drawn for the respective amounts due, payable to each
11 community college district, within 15 days following the
12 receipt of such vouchers. If the amount appropriated for
13 grants is different from the amount provided for such grants
14 under this Act, the grants shall be proportionately reduced
15 or increased accordingly.
16 For the purposes of this Section, "resident student"
17 means a student in a community college district who maintains
18 residency in that district or meets other residency
19 definitions established by the State Board, and who was
20 enrolled either in one of the approved instructional program
21 categories in that district, or in another community college
22 district to which the resident's district is paying tuition
23 under Section 6-2 or with which the resident's district has
24 entered into a cooperative agreement in lieu of such tuition.
25 For the purposes of this Section, a "full-time
26 equivalent" student is equal to 30 semester credit hours.
27 The Illinois Community College Board Contracts and Grants
28 Fund is hereby created in the State Treasury. Items of
29 income to this fund shall include any grants, awards,
30 endowments, or like proceeds, and where appropriate, other
31 funds made available through contracts with governmental,
32 public, and private agencies or persons. The General
33 Assembly shall from time to time make appropriations payable
34 from such fund for the support, improvement, and expenses of
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1 the State Board and Illinois community college districts.
2 (Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95;
3 89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff.
4 8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; revised
5 11-17-97.)
6 (110 ILCS 805/7-13) (from Ch. 122, par. 107-13)
7 Sec. 7-13. After the adoption of the budget, the board
8 may not make any other appropriations before the adoption or
9 passage of the next succeeding budget. The board may not,
10 either directly or indirectly, make any contract or do any
11 act which will add to its expenditures or liabilities, in any
12 fiscal year, any thing or sum above the amount provided for
13 in the annual budget for that fiscal year, but the board, by
14 a concurring vote of 2/3 of all the members thereof (this
15 vote to be taken by yeas and nays and entered in the
16 proceedings of the board), may make any expenditures and
17 incur any liability rendered necessary to meet emergencies
18 such as epidemics, fires, unforeseen damages or other
19 catastrophes catastrophies happening after the annual budget
20 has been passed or adopted. However, the board may at any
21 time after the adoption of the annual budget, by a vote of
22 2/3 of all the members of the board, pass an additional or
23 supplemental budget, thereby adding appropriations to those
24 made in the annual budget and such supplemental or additional
25 budget shall be regarded as an amendment of the annual budget
26 for that year, but any additional or supplemental
27 appropriations so made may not exceed the amount of moneys
28 which the board estimates it will receive in that year from
29 State appropriations, from federal funds and from any
30 increase in the authorized tax rates over and above the
31 amount of moneys which the board, at the time of the adoption
32 of its annual budget for that year, estimated would be
33 received from those sources. This Section does not prevent
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1 the board from providing for and causing to be paid from its
2 funds any charge imposed by law without the action of the
3 board.
4 (Source: P.A. 85-1335; revised 6-27-97.)
5 Section 81. The Governor's Scholars Board of Sponsors
6 Act is amended by changing Section 1 as follows:
7 (110 ILCS 940/1) (from Ch. 127, par. 63b131)
8 Sec. 1. There is created There is created a Board of
9 Sponsors of The Governor's Scholars, consisting of 10
10 members, 5 of whom shall be named by the Governor. The
11 Director of the Department of Central Management Services
12 shall be an a ex officio member, and there shall be 5
13 academic members who shall be named from cooperating
14 universities by the Governor. Members shall serve until July
15 1 of each odd-numbered year and until their successors are
16 appointed and qualified. Successors to academic members
17 shall be appointed during the month of June in each odd
18 numbered year. Vacancies shall be filled by appointment for
19 the unexpired term in the same manner as original
20 appointments are made. Appointments shall be in writing and
21 filed with the Secretary of State as public records record.
22 The Board of Sponsors shall elect its own chairman, and a
23 program coordinator for The Governor's Scholars who shall
24 serve as Secretary of the Board of Sponsors without vote.
25 Members of the Board of Sponsors shall serve without
26 compensation but shall be reimbursed for necessary expenses
27 in connection with the performance of their duties.
28 (Source: P.A. 82-789; revised 8-11-97.)
29 Section 82. The Illinois Banking Act is amended by
30 changing Sections 5, 14, and 17 and setting forth and
31 renumbering multiple versions of Section 48.4 as follows:
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1 (205 ILCS 5/5) (from Ch. 17, par. 311)
2 Sec. 5. General corporate powers. A bank organized
3 under this Act or subject hereto shall be a body corporate
4 and politic and shall, without specific mention thereof in
5 the charter, have all the powers conferred by this Act and
6 the following additional general corporate powers:
7 (1) To sue and be sued, complain, and defend in its
8 corporate name.
9 (2) To have a corporate seal, which may be altered at
10 pleasure, and to use the same by causing it or a facsimile
11 thereof to be impressed or affixed or in any manner
12 reproduced, provided that the affixing of a corporate seal to
13 an instrument shall not give the instrument additional force
14 or effect, or change the construction thereof, and the use of
15 a corporate seal is not mandatory.
16 (3) To make, alter, amend, and repeal bylaws, not
17 inconsistent with its charter or with law, for the
18 administration of the affairs of the bank.
19 (4) To elect or appoint and remove officers and agents
20 of the bank and define their duties and fix their
21 compensation.
22 (5) To adopt and operate reasonable bonus plans,
23 profit-sharing plans, stock-bonus plans, stock-option plans,
24 pension plans and similar incentive plans for its directors,
25 officers and employees.
26 (5.1) To manage, operate and administer a fund for the
27 investment of funds by a public agency or agencies, including
28 any unit of local government or school district, or any
29 person. The fund for a public agency shall invest in the
30 same type of investments and be subject to the same
31 limitations provided for the investment of public funds. The
32 fund for public agencies shall maintain a separate ledger
33 showing the amount of investment for each public agency in
34 the fund. "Public funds" and "public agency" as used in this
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1 Section shall have the meanings ascribed to them in Section 1
2 of the Public Funds Investment Act.
3 (6) To make reasonable donations for the public welfare
4 or for charitable, scientific, religious or educational
5 purposes.
6 (7) To borrow or incur an obligation; and to pledge its
7 assets:
8 (a) to secure its borrowings, its lease of personal
9 or real property or its other nondeposit obligations;
10 (b) to enable it to act as agent for the sale of
11 obligations of the United States;
12 (c) to secure deposits of public money of the
13 United States, whenever required by the laws of the
14 United States, including without being limited to,
15 revenues and funds the deposit of which is subject to the
16 control or regulation of the United States or any of its
17 officers, agents, or employees and Postal Savings funds;
18 (d) to secure deposits of public money of any state
19 or of any political corporation or subdivision thereof
20 including, without being limited to, revenues and funds
21 the deposit of which is subject to the control or
22 regulation of any state or of any political corporation
23 or subdivisions thereof or of any of their officers,
24 agents, or employees;
25 (e) to secure deposits of money whenever required
26 by the National Bankruptcy Act;
27 (f) (blank); and
28 (g) to secure trust funds commingled with the
29 bank's funds, whether deposited by the bank or an
30 affiliate of the bank, pursuant to Section 2-8 of the
31 Corporate Fiduciary Act.
32 (8) To own, possess, and carry as assets all or part of
33 the real estate necessary in or with which to do its banking
34 business, either directly or indirectly through the ownership
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1 of all or part of the capital stock, shares or interests in
2 any corporation, association, trust engaged in holding any
3 part or parts or all of the bank premises, engaged in such
4 business and in conducting a safe deposit business in the
5 premises or part of them, or engaged in any activity that the
6 bank is permitted to conduct in a subsidiary pursuant to
7 paragraph (12) of this Section 5.
8 (9) To own, possess, and carry as assets other real
9 estate to which it may obtain title in the collection of its
10 debts or that was formerly used as a part of the bank
11 premises, but title to any real estate except as herein
12 permitted shall not be retained by the bank, either directly
13 or by or through a subsidiary, as permitted by subsection
14 (12) of this Section for a total period of more than 10 years
15 after acquiring title, either directly or indirectly.
16 (10) To do any act, including the acquisition of stock,
17 necessary to obtain insurance of its deposits, or part
18 thereof, and any act necessary to obtain a guaranty, in whole
19 or in part, of any of its loans or investments by the United
20 States or any agency thereof, and any act necessary to sell
21 or otherwise dispose of any of its loans or investments to
22 the United States or any agency thereof, and to acquire and
23 hold membership in the Federal Reserve System.
24 (11) Notwithstanding any other provisions of this Act,
25 to do any act and to own, possess, and carry as assets
26 property of the character, including stock, that is at the
27 time authorized or permitted to national banks by an Act of
28 Congress, but subject always to the same limitations and
29 restrictions as are applicable to national banks by the
30 pertinent federal law.
31 (12) To own, possess, and carry as assets stock of one
32 or more corporations that is, or are, engaged in one or more
33 of the following businesses:
34 (a) holding title to and administering assets
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1 acquired as a result of the collection or liquidating of
2 loans, investments, or discounts; or
3 (b) holding title to and administering personal
4 property acquired by the bank, directly or indirectly
5 through a subsidiary, for the purpose of leasing to
6 others, provided the lease or leases and the investment
7 of the bank, directly or through a subsidiary, in that
8 personal property otherwise comply with Section 35.1 of
9 this Act; or
10 (c) carrying on or administering any of the
11 activities excepting the receipt of deposits or the
12 payment of checks or other orders for the payment of
13 money in which a bank may engage in carrying on its
14 general banking business; provided, however, that nothing
15 contained in this paragraph (c) shall be deemed to permit
16 a bank organized under this Act or subject hereto to do,
17 either directly or indirectly through any subsidiary, any
18 act, including the making of any loan or investment, or
19 to own, possess, or carry as assets any property that if
20 done by or owned, possessed, or carried by the State bank
21 would be in violation of or prohibited by any provision
22 of this Act.
23 The provisions of this subsection (12) shall not apply to
24 and shall not be deemed to limit the powers of a State bank
25 with respect to the ownership, possession, and carrying of
26 stock that a State bank is permitted to own, possess, or
27 carry under this Act.
28 Any bank intending to establish a subsidiary under this
29 subsection (12) shall give written notice to the Commissioner
30 60 days prior to the subsidiary's commencing of business or,
31 as the case may be, prior to acquiring stock in a corporation
32 that has already commenced business. After receiving the
33 notice, the Commissioner may waive or reduce the balance of
34 the 60 day notice period. The Commissioner may specify the
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1 form of the notice and may promulgate rules and regulations
2 to administer this subsection (12).
3 (13) To accept for payment at a future date not
4 exceeding one year from the date of acceptance, drafts drawn
5 upon it by its customers; and to issue, advise, or confirm
6 letters of credit authorizing the holders thereof to draw
7 drafts upon it or its correspondents.
8 (14) To own and lease personal property acquired by the
9 bank at the request of a prospective lessee and upon the
10 agreement of that person to lease the personal property
11 provided that the lease, the agreement with respect thereto,
12 and the amount of the investment of the bank in the property
13 comply with Section 35.1 of this Act.
14 (15) (a) To establish and maintain, in addition to the
15 main banking premises, branches offering any banking services
16 permitted at the main banking premises of a State bank.
17 (b) To establish and maintain, after May 31, 1997,
18 branches in another state that may conduct any activity in
19 that state that is authorized or permitted for any bank that
20 has a banking charter issued by that state, subject to the
21 same limitations and restrictions that are applicable to
22 banks chartered by that state.
23 (16) (Blank).
24 (17) To establish and maintain terminals, as authorized
25 by the Electronic Fund Transfer Act.
26 (18) To establish and maintain temporary service booths
27 at any International Fair held in this State which is
28 approved by the United States Department of Commerce, for the
29 duration of the international fair for the sole purpose of
30 providing a convenient place for foreign trade customers at
31 the fair to exchange their home countries' currency into
32 United States currency or the converse. This power shall not
33 be construed as establishing a new place or change of
34 location for the bank providing the service booth.
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1 (19) To indemnify its officers, directors, employees,
2 and agents, as authorized for corporations under Section 8.75
3 of the Business Corporation Act of 1983.
4 (20) To own, possess, and carry as assets stock of, or
5 be or become a member of, any corporation, mutual company,
6 association, trust, or other entity formed exclusively for
7 the purpose of providing directors' and officers' liability
8 and bankers' blanket bond insurance or reinsurance to and for
9 the benefit of the stockholders, members, or beneficiaries,
10 or their assets or businesses, or their officers, directors,
11 employees, or agents, and not to or for the benefit of any
12 other person or entity or the public generally.
13 (21) To make debt or equity investments in corporations
14 or projects, whether for profit or not for profit, designed
15 to promote the development of the community and its welfare,
16 provided that the aggregate investment in all of these
17 corporations and in all of these projects does not exceed 10%
18 of the unimpaired capital and unimpaired surplus of the bank
19 and provided that this limitation shall not apply to
20 creditworthy loans by the bank to those corporations or
21 projects. Upon written application to the Commissioner, a
22 bank may make an investment that would, when aggregated with
23 all other such investments, exceed 10% of the unimpaired
24 capital and unimpaired surplus of the bank. The Commissioner
25 may approve the investment if he is of the opinion and finds
26 that the proposed investment will not have a material adverse
27 effect on the safety and soundness of the bank.
28 (22) To own, possess, and carry as assets the stock of a
29 corporation engaged in the ownership or operation of a travel
30 agency or to operate a travel agency as a part of its
31 business, provided that the bank either owned, possessed, and
32 carried as assets the stock of such a corporation or operated
33 a travel agency as part of its business before July 1, 1991.
34 (23) With respect to affiliate facilities:
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1 (a) to conduct at affiliate facilities any of the
2 following transactions for and on behalf of another
3 commonly owned bank, if so authorized by the other bank:
4 receiving deposits; cashing and issuing checks, drafts,
5 and money orders; changing money; and receiving payments
6 on existing indebtedness; and
7 (b) to authorize a commonly owned bank to conduct
8 for and on behalf of it any of the transactions listed in
9 this paragraph (23) at one or more affiliate facilities.
10 Any bank intending to conduct or to authorize a commonly
11 owned bank to conduct at an affiliate facility any of the
12 transactions specified in this paragraph (23) shall give
13 written notice to the Commissioner at least 30 days before
14 any such transaction is conducted at the affiliate facility.
15 (24) To act as the agent for any fire, life, or other
16 insurance company authorized by the State of Illinois, by
17 soliciting and selling insurance and collecting premiums on
18 policies issued by such company; and to may receive for
19 services so rendered such fees or commissions as may be
20 agreed upon between the said bank and the insurance company
21 for which it may act as agent; provided, however, that no
22 such bank shall in any case assume or guarantee the payment
23 of any premium on insurance policies issued through its
24 agency by its principal; and provided further, that the bank
25 shall not guarantee the truth of any statement made by an
26 assured in filing his application for insurance.
27 (Source: P.A. 89-208, eff. 9-29-95; 89-310, eff. 1-1-96;
28 89-364, eff. 8-18-95; 89-626, eff. 8-9-96; 90-41, eff.
29 10-1-97; 90-301, eff. 8-1-97; revised 10-22-97.)
30 (205 ILCS 5/14) (from Ch. 17, par. 321)
31 Sec. 14. Stock. Unless otherwise provided for in this
32 Act provisions of general application to stock of a state
33 bank shall be as follows:
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1 (1) All banks shall have their capital divided into
2 shares of a par value of not less than one dollar each and
3 not more than one hundred dollars each. No issue of capital
4 stock or preferred stock shall be valid until not less than
5 the par value of all such stock so issued shall be paid in
6 and notice thereof by the president, a vice-president or
7 cashier of the bank has been transmitted to the Commissioner.
8 In the case of an increase in capital stock by the
9 declaration of a stock dividend, the capitalization of
10 retained earnings effected by such stock dividend shall
11 constitute the payment for such shares required by the
12 preceding sentence, provided that the surplus of said bank
13 after such stock dividend shall be at least equal to fifty
14 per cent of the capital as increased. The charter shall not
15 limit or deny the voting power of the shares of any class of
16 stock except as provided in Section 15(3) of this Act.
17 (2) Pursuant to action taken in accordance with the
18 requirements of Section 17, a bank may issue preferred stock
19 of one or more classes as shall be approved by the
20 Commissioner as hereinafter provided, and make such amendment
21 to its charter as may be necessary for this purpose; but in
22 the case of any newly organized bank which has not yet issued
23 capital stock the requirements of Section 17 shall not apply.
24 (3) Without limiting the authority herein contained a
25 bank, when so provided in its charter and when approved by
26 the Commissioner, may issue shares of preferred stock:
27 (a) Subject to the right of the bank to redeem any
28 of such shares at not exceeding the price fixed by the
29 charter for the redemption thereof;
30 (b) Subject to the provisions of subsection (8) of
31 this Section 14 entitling the holders thereof to
32 cumulative or noncumulative dividends;
33 (c) Having preference over any other class or
34 classes of shares as to the payment of dividends;
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1 (d) Having preference as to the assets of the bank
2 over any other class or classes of shares upon the
3 voluntary or involuntary liquidation of the bank;
4 (e) Convertible into shares of any other class of
5 stock, provided that preferred shares shall not be
6 converted into shares of a different par value unless
7 that part of the capital of the bank represented by such
8 preferred shares is at the time of the conversion equal
9 to the aggregate par value of the shares into which the
10 preferred shares are to be converted.
11 (4) If any part of the capital of a bank consists of
12 preferred stock, the determination of whether or not the
13 capital of such bank is impaired and the amount of such
14 impairment shall be based upon the par value of its stock
15 even though the amount which the holders of such preferred
16 stock shall be entitled to receive in the event of retirement
17 or liquidation shall be in excess of the par value of such
18 preferred stock.
19 (5) Pursuant to action taken in accordance with the
20 requirements of Section 17 of this Act, a state bank may
21 provide for a specified number of authorized but unissued
22 shares of capital stock for one or more of the following
23 purposes:
24 (a) Reserved for issuance under stock option plan
25 or plans to directors, officers or employees;
26 (b) Reserved for issuance upon conversion of
27 convertible preferred stock issued pursuant to and in
28 compliance with the provisions of subsections (2) and (3)
29 of this Section 14.
30 (c) Reserved for issuance upon conversion of
31 convertible debentures or other convertible evidences of
32 indebtedness issued by a state bank, provided always that
33 the terms of such conversion have been approved by the
34 Commissioner;
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1 (d) Reserved for issuance by the declaration of a
2 stock dividend. If and when any shares of capital stock
3 are proposed to be authorized and reserved for any of the
4 purposes set forth in subparagraphs (a), (b) or (c)
5 above, the notice of the meeting, whether special or
6 annual, of stockholders at which such proposition is to
7 be considered shall be accompanied by a statement setting
8 forth or summarizing the terms upon which the shares of
9 capital stock so reserved are to be issued, and the
10 extent to which any preemptive rights of stockholders are
11 inapplicable to the issuance of the shares so reserved or
12 to the convertible preferred stock or convertible
13 debentures or other convertible evidences of
14 indebtedness, and the approving vote of the holders of at
15 least two-thirds of the outstanding shares of stock
16 entitled to vote at such meeting of the terms of such
17 issuance shall be requisite for the adoption of any
18 amendment providing for the reservation of authorized but
19 unissued shares for any of said purposes. Nothing in this
20 subsection (5) contained shall be deemed to authorize the
21 issuance of any capital stock for a consideration less
22 than the par value thereof.
23 (6) Upon written application to the Commissioner 60 days
24 prior to the proposed purchase and receipt of the written
25 approval of the Commissioner, a state bank may purchase and
26 hold as treasury stock such amounts of the total number of
27 issued and outstanding shares of its capital and preferred
28 stock outstanding as the Commissioner determines is
29 consistent with safety and soundness of the bank. The
30 Commissioner may specify the manner of accounting for the
31 treasury stock and the form of notice prior to ultimate
32 disposition of the shares. Except as authorized in this
33 subsection, it shall not be lawful for a state bank to
34 purchase or hold any additional such shares or securities
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1 described in subsection (2) of Section 37 unless necessary to
2 prevent loss upon a debt previously contracted in good faith,
3 in which event such shares or securities so purchased or
4 acquired shall, within 6 months from the time of purchase or
5 acquisition, be sold or disposed of at public or private
6 sale. Any state bank which intends to purchase and hold
7 treasury stock as authorized in this subsection (6) shall
8 file a written application with the Commissioner 60 days
9 prior to any such proposed purchase. The application shall
10 state the number of shares to be purchased, the consideration
11 for the shares, the name and address of the person from whom
12 the shares are to be purchased, if known, and the total
13 percentage of its issued and outstanding shares to be held by
14 the bank after the purchase. The total consideration paid by
15 a state bank for treasury stock shall reduce capital and
16 surplus of the bank for purposes of Sections of this Act
17 relating to lending and investment limits which require
18 computation of capital and surplus. After considering and
19 approving an application to purchase and hold treasury stock
20 under this subsection, the Commissioner may waive or reduce
21 the balance of the 60 day application period. The
22 Commissioner may specify the form of the application for
23 approval to acquire treasury stock and promulgate rules and
24 regulations for the administration of this subsection (6). A
25 state bank may, acquire or resell its owns shares as treasury
26 stock pursuant to this subsection (6) without a change in its
27 charter pursuant to Section 17. Such stock may be held for
28 any purpose permitted in subsection (5) of this Section 14 or
29 may be resold upon such reasonable terms as the board of
30 directors may determine provided notice is given to the
31 Commissioner prior to the resale of such stock.
32 (7) During the time that a state bank shall continue its
33 banking business, it shall not withdraw or permit to be
34 withdrawn, either in the form of dividends or otherwise, any
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1 portion of its capital, but nothing in this subsection shall
2 prevent a reduction or change of the capital stock or the
3 preferred stock under the provisions of Sections 17 through
4 30 of this Act, a purchase of treasury stock under the
5 provisions of subsection (6) of this Section 14 or a
6 redemption of preferred stock pursuant to charter provisions
7 therefor.
8 (8) (a) Subject to the provisions of this Act, the
9 board of directors of a state bank from time to time may
10 declare a dividend of so much of the net profits of such
11 bank as it shall judge expedient, but each bank before
12 the declaration of a dividend shall carry at least
13 one-tenth of its net profits since the date of the
14 declaration of the last preceding dividend, or since the
15 issuance of its charter in the case of its first
16 dividend, to its surplus until the same shall be equal to
17 its capital.
18 (b) No dividends shall be paid by a state bank
19 while it continues its banking business to an amount
20 greater than its net profits then on hand, deducting
21 first therefrom its losses and bad debts. All debts due
22 to a state bank on which interest is past due and unpaid
23 for a period of 6 months or more, unless the same are
24 well secured and in the process of collection, shall be
25 considered bad debts.
26 (9) A State bank may, but shall not be obliged to, issue
27 a certificate for a fractional share, and, by action of its
28 board of directors, may in lieu thereof, pay cash equal to
29 the value of the fractional share. A certificate for a
30 fractional share shall entitle the holder to exercise
31 fractional voting rights, to receive dividends, and to
32 participate in any of the assets of the bank in the event of
33 liquidation.
34 (Source: P.A. 90-160, eff. 7-23-97; 90-301, eff. 8-1-97;
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1 revised 10-22-97.)
2 (205 ILCS 5/17) (from Ch. 17, par. 324)
3 Sec. 17. Changes in charter.
4 (a) By compliance with the provisions of this Act a
5 State bank may:
6 (1) change its main banking premises provided that
7 there shall not be a removal to a new location without
8 complying with the capital requirements of Section 7 and
9 of subsection (1) of Section 10 hereof, nor unless the
10 Commissioner shall find that the convenience and needs of
11 the area sought to be served by the bank at its proposed
12 new location will be promoted;
13 (2) increase, decrease or change its capital stock,
14 whether issued or unissued, provided that in no case
15 shall the capital be diminished to the prejudice of its
16 creditors;
17 (3) provide for authorized but unissued capital
18 stock reserved for issuance for one or more of the
19 purposes provided for in subsection (5) of Section 14
20 hereof;
21 (4) authorize preferred stock, or increase,
22 decrease or change the preferences, qualifications,
23 limitations, restrictions or special or relative rights
24 of its preferred stock, whether issued or unissued,
25 provided that in no case shall the capital be diminished
26 to the prejudice of its creditors;
27 (5) increase, decrease or change the par value of
28 its shares of its capital stock or preferred stock,
29 whether issued or unissued;
30 (6) extend the duration of its charter;
31 (7) eliminate cumulative voting rights under all or
32 specified circumstances, or eliminate voting rights
33 entirely, as to any class or classes or series of stock
-567- LRB9000999EGfgam01
1 of the bank pursuant to paragraph (3) of Section 15,
2 provided that one class of shares or series thereof shall
3 always have voting in respect to all matters in the bank,
4 and provided further that the proposal to eliminate such
5 voting rights receives the approval of the holders of 70%
6 of the outstanding shares of stock entitled to vote as
7 provided in paragraph (7) of subsection (b) of this
8 Section 17;
9 (8) increase, decrease, or change its capital stock
10 or preferred stock, whether issued or unissued, for the
11 purpose of eliminating fractional shares or avoiding the
12 issuance of fractional shares, provided that in no case
13 shall the capital be diminished to the prejudice of its
14 creditors; or
15 (9) Make such other change in its charter as may be
16 authorized in this Act.
17 (b) To effect a change or changes in a State bank's
18 charter as provided for in this Section 17:
19 (1) The board of directors shall adopt a resolution
20 setting forth the proposed amendment and directing that
21 it be submitted to a vote at a meeting of stockholders,
22 which may be either an annual or special meeting.
23 (2) If the meeting is a special meeting, written or
24 printed notice setting forth the proposed amendment or
25 summary thereof shall be given to each stockholder of
26 record entitled to vote at such meeting at least 30 days
27 before such meeting and in the manner provided in this
28 Act for the giving of notice of meetings of stockholders.
29 (3) At such special meeting, a vote of the
30 stockholders entitled to vote shall be taken on the
31 proposed amendment. Except as provided in paragraph (7)
32 of this subsection (b), the proposed amendment shall be
33 adopted upon receiving the affirmative vote of the
34 holders of at least two-thirds of the outstanding shares
-568- LRB9000999EGfgam01
1 of stock entitled to vote at such meeting, unless holders
2 of preferred stock are entitled to vote as a class in
3 respect thereof, in which event the proposed amendment
4 shall be adopted upon receiving the affirmative vote of
5 the holders of at least two-thirds of the outstanding
6 shares of each class of shares entitled to vote as a
7 class in respect thereof and of the total outstanding
8 shares entitled to vote at such meeting. Any number of
9 amendments may be submitted to the stockholders and voted
10 upon by them at one meeting. A certificate of the
11 amendment, or amendments, verified by the president, or a
12 vice-president, or the cashier, shall be filed
13 immediately in the office of the Commissioner.
14 (4) At any annual meeting without a resolution of
15 the board of directors and without a notice and prior
16 publication, as hereinabove provided, a proposition for a
17 change in the bank's charter as provided for in this
18 Section 17 may be submitted to a vote of the stockholders
19 entitled to vote at the annual meeting, except that no
20 proposition for authorized but unissued capital stock
21 reserved for issuance for one or more of the purposes
22 provided for in subsection (5) of Section 14 hereof shall
23 be submitted without complying with the provisions of
24 said subsection. The proposed amendment shall be adopted
25 upon receiving the affirmative vote of the holders of at
26 least two-thirds of the outstanding shares of stock
27 entitled to vote at such meeting, unless holders of
28 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 the total outstanding shares
34 entitled to vote at such meeting. A certificate of the
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1 amendment, or amendments, verified by the president, or a
2 vice-president or cashier, shall be filed immediately in
3 the office of the Commissioner.
4 (5) If an amendment or amendments shall be approved
5 in writing by the Commissioner, the amendment or
6 amendments so adopted and so approved shall be
7 accomplished in accordance with the vote of the
8 stockholders. The Commissioner shall revoke such
9 approval in the event such amendment or amendments are
10 not effected within one year from the date of the
11 issuance of the Commissioner's certificate and written
12 approval except for transactions permitted under
13 subsection (5) of Section 14 of this Act.
14 (6) No amendment or amendments shall affect suits
15 in which the bank is a party, nor affect causes of
16 action, nor affect rights of persons in any particular,
17 nor shall actions brought against such bank by its former
18 name be abated by a change of name.
19 (7) A proposal to amend the charter to eliminate
20 cumulative voting rights under all or specified
21 circumstances, or to eliminate voting rights entirely, as
22 to any class or classes or series or stock of a bank,
23 pursuant to paragraph (3) of Section 15 and paragraph (7)
24 of subsection (a) of this Section 17, shall be adopted
25 only upon such proposal receiving the approval of the
26 holders of 70% of the outstanding shares of stock
27 entitled to vote at the meeting where the proposal is
28 presented for approval, unless holders of preferred stock
29 are entitled to vote as a class in respect thereof, in
30 which event the proposed amendment shall be adopted upon
31 receiving the approval of the holders of 70% of the
32 outstanding shares of each class of shares entitled to
33 vote as a class in respect thereof and of the total
34 outstanding shares entitled to vote at the meeting where
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1 the proposal is presented for approval. The proposal to
2 amend the charter pursuant to this paragraph (7) may be
3 voted upon at the annual meeting or a special meeting.
4 (8) Written or printed notice of a stockholders'
5 meeting to vote on a proposal to increase, decrease or
6 change the capital stock or preferred stock pursuant to
7 paragraph (8) of subsection (a) of this Section 17 and to
8 eliminate fractional shares or avoid the issuance of
9 fractional shares shall be given to each stockholder of
10 record entitled to vote at the meeting at least 30 days
11 before the meeting and in the manner provided in this Act
12 for the giving of notice of meetings of stockholders, and
13 shall include all of the following information:
14 (A) A statement of the purpose of the proposed
15 reverse stock split.
16 (B) A statement of the amount of consideration
17 being offered for the bank's stock.
18 (C) A statement that the bank considers the
19 transaction fair to the stockholders, and a
20 statement of the material facts upon which this
21 belief is based.
22 (D) A statement that the bank has secured an
23 opinion from a third party with respect to the
24 fairness, from a financial point of view, of the
25 consideration to be paid, the identity and
26 qualifications of the third party, how the third
27 party was selected, and any material relationship
28 between the third party and the bank.
29 (E) A summary of the opinion including the
30 basis for and the methods of arriving at the
31 findings and any limitation imposed by the bank in
32 arriving at fair value and a statement making the
33 opinion available for reviewing or copying by any
34 stockholder.
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1 (F) A statement that objecting stockholders
2 will be entitled to the fair value of those shares
3 that are voted against the charter amendment, if a
4 proper demand is made on the bank and the
5 requirements are satisfied as specified in this
6 Section.
7 If a stockholder shall file with the bank, prior to or at the
8 meeting of stockholders at which the proposed charter
9 amendment is submitted to a vote, a written objection to the
10 proposed charter amendment and shall not vote in favor
11 thereof, and if the stockholder, within 20 days after
12 receiving written notice of the date the charter amendment
13 was accomplished pursuant to paragraph (5) of subsection (a)
14 of this Section 17, shall make written demand on the bank for
15 payment of the fair value of the stockholder's shares as of
16 the day prior to the date on which the vote was taken
17 approving the charter amendment, the bank shall pay to the
18 stockholder, upon surrender of the certificate or
19 certificates representing the stock, the fair value thereof.
20 The demand shall state the number of shares owned by the
21 objecting stockholder. The bank shall provide written notice
22 of the date on which the charter amendment was accomplished
23 to all stockholders who have filed written objections in
24 order that the objecting stockholders may know when they must
25 file written demand if they choose to do so. Any stockholder
26 failing to make demand within the 20-day period shall be
27 conclusively presumed to have consented to the charter
28 amendment and shall be bound by the terms thereof. If within
29 30 days after the date on which a charter amendment was
30 accomplished the value of the shares is agreed upon between
31 the objecting stockholders and the bank, payment therefor
32 shall be made within 90 days after the date on which the
33 charter amendment was accomplished, upon the surrender of the
34 stockholder's certificate or certificates representing the
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1 shares. Upon payment of the agreed value the objecting
2 stockholder shall cease to have any interest in the shares or
3 in the bank. If within such period of 30 days the
4 stockholder and the bank do not so agree, then the objecting
5 stockholder may, within 60 days after the expiration of the
6 30-day period, file a complaint in the circuit court asking
7 for a finding and determination of the fair value of the
8 shares, and shall be entitled to judgment against the bank
9 for the amount of the fair value as of the day prior to the
10 date on which the vote was taken approving the charter
11 amendment with interest thereon to the date of the judgment.
12 The practice, procedure and judgment shall be governed by the
13 Civil Practice Law. The judgment shall be payable only upon
14 and simultaneously with the surrender to the bank of the
15 certificate or certificates representing the shares. Upon
16 payment of the judgment, the objecting stockholder shall
17 cease to have any interest in the shares or the bank. The
18 shares may be held and disposed of by the bank. Unless the
19 objecting stockholder shall file such complaint within the
20 time herein limited, the stockholder and all persons claiming
21 under the stockholder shall be conclusively presumed to have
22 approved and ratified the charter amendment, and shall be
23 bound by the terms thereof. The right of an objecting
24 stockholder to be paid the fair value of the stockholder's
25 shares of stock as herein provided shall cease if and when
26 the bank shall abandon the charter amendment.
27 (c) The purchase and holding and later resale of
28 treasury stock of a state bank pursuant to the provisions of
29 subsection (6) of Section 14 may be accomplished without a
30 change in its charter reflecting any decrease or increase in
31 capital stock.
32 (Source: P.A. 89-541, eff. 7-19-96; 90-160, eff. 7-23-97;
33 90-301, eff. 8-1-97; revised 10-22-97.)
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1 (205 ILCS 5/48.4)
2 Sec. 48.4. Administrative liens for past-due child
3 support. Any bank governed by this Act shall encumber or
4 surrender accounts or assets held by the bank on behalf of
5 any responsible relative who is subject to a child support
6 lien, upon notice of the lien or levy of the Illinois
7 Department of Public Aid or its successor agency pursuant to
8 Section 10-25.5 of the Illinois Public Aid Code, or upon
9 notice of interstate lien from any other state's agency
10 responsible for implementing the child support enforcement
11 program set forth in Title IV, Part D of the Social Security
12 Act.
13 (Source: P.A. 90-18, eff. 7-1-97.)
14 (205 ILCS 5/48.5)
15 Sec. 48.5. 48.4. Reliance on Commissioner. No bank or
16 other person shall be liable under this Act for any act done
17 or omitted in good faith in conformity with any rule,
18 interpretation, or opinion issued by the Commissioner of
19 Banks and Real Estate, notwithstanding that after the act or
20 omission has occurred, the rule, opinion, or interpretation
21 upon which reliance is placed is amended, rescinded, or
22 determined by judicial or other authority to be invalid for
23 any reason.
24 (Source: P.A. 90-161, eff. 7-23-97; revised 10-7-97.)
25 Section 83. The Illinois Bank Holding Company Act of
26 1957 is amended by changing Section 3.071 as follows:
27 (205 ILCS 10/3.071) (from Ch. 17, par. 2510.01)
28 Sec. 3.071. Out of state bank holding companies.
29 (a) An out of state bank holding company may acquire
30 ownership of more than 5% of the voting shares of or control
31 of one or more Illinois banks or Illinois bank holding
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1 companies pursuant to a transaction, occurrence or event that
2 is described in paragraphs (1) through (5) of subsection (a)
3 of Section 3.02, provided the acquisition is made in
4 accordance with Sections 3.02 and 3.07 of this Act in
5 accordance with subsection (i) of this Section and provided
6 the following conditions are met:
7 (1) (Blank).
8 (2) An out of state bank holding company seeking to
9 acquire an Illinois bank or Illinois bank holding company
10 pursuant to subsection (a) of Section 3.071 shall, if
11 change in control of the bank is governed by Section 18
12 of the Illinois Banking Act, file with the Commissioner
13 the application required by that Section containing
14 information satisfactory to the Commissioner.
15 (b) (Blank).
16 (c) (Blank).
17 (d) (Blank).
18 (e) (Blank).
19 (f) (Blank).
20 (g) (Blank).
21 (h) (Blank).
22 (i) (1) An out of state bank holding company which
23 directly or indirectly controls or has control over an
24 Illinois bank that has existed and continuously operated
25 as a bank for 5 years or less, may not cause the Illinois
26 bank to merge with or into, or to have all or
27 substantially all of the assets acquired by a bank that
28 is an out of state bank.
29 (2) For purposes of subsection (i)(1) of this
30 Section, an Illinois bank that is the resulting bank
31 following a merger involving an Illinois interim bank
32 shall be considered to have been in existence and
33 continuously operated during the existence and continuous
34 operation of the Illinois merged bank. As used in this
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1 subsection (i)(2), the words "resulting bank" and "merged
2 bank" shall have the meanings ascribed to those words in
3 Section 2 of the Illinois Banking Act. As used in this
4 subsection (i)(2), the words "interim bank" shall mean a
5 bank which shall not accept deposits, make loans, pay
6 checks, or engage in the general business of banking or
7 any part thereof, and is chartered solely for the purpose
8 of merging with or acquiring control of, or acquiring all
9 or substantially all of the assets of an existing
10 Illinois bank.
11 (3) The provisions of subsection (i)(1) of this
12 Section shall not apply to the merger or acquisition of
13 all or substantially all of the assets of an Illinois
14 bank:
15 (i) if the merger or acquisition is part of a
16 purchase or acquisition with respect to which the
17 Federal Deposit Insurance Corporation provides
18 assistance under Section 13(c) of the Federal
19 Deposit Insurance Act; or
20 (ii) if the Illinois bank is in default or in
21 danger of default. As used in this subsection
22 (i)(3)(ii), (i)(3), (ii) the words "in default" and
23 "in danger of default" shall have the meaning
24 ascribed to those words in Section 2 of the Illinois
25 Banking Act.
26 (Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
27 90-226, eff. 7-25-97; revised 10-15-97.)
28 Section 84. The Illinois Savings and Loan Act of 1985 is
29 amended by changing Section 3-11 as follows:
30 (205 ILCS 105/3-11) (from Ch. 17, par. 3303-11)
31 Sec. 3-11. Reports from officers and directors.
32 (a) It is the duty of the secretary of the association to
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1 submit to the Commissioner a list of the names and addresses
2 of all officers and directors of the association. This list
3 shall be submitted within 30 days after the election of the
4 association's board of directors, and any additions or
5 changes in the list shall be submitted to the Commissioner
6 within with 30 days after the occurrence of such addition or
7 change. Along with such list there shall also be submitted an
8 affidavit executed by every officer and director containing a
9 statement which shall set forth details as to the present and
10 for the 5 years preceding the business of every officer and
11 director and the nature and extent of his prior affiliations
12 with any other financial institution.
13 (b) The Commissioner may from time to time require from
14 any officer, consultant, agent or director of any association
15 or its service corporation or other affiliate reports, made
16 under penalty of perjury, concerning such person's
17 performance of his duties as director consultant, agent or
18 officer affecting the association or its service corporation
19 or other affiliate. Any request for such a report shall
20 contain a statement setting forth the reasons and supporting
21 facts for requesting the report and its relevance to the
22 responsibilities of the Commissioner.
23 (Source: P.A. 84-543; revised 12-18-97.)
24 Section 85. The Savings Bank Act is amended by setting
25 forth and renumbering multiple versions of Section 1007.115
26 and changing Section 1008 as follows:
27 (205 ILCS 205/1007.115)
28 Sec. 1007.115. Federal association. "Federal
29 association" means a savings and loan association or savings
30 bank incorporated under the federal Home Owners Loan Act of
31 1993, as now or hereafter amended, whose principal business
32 office is located within this State.
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1 (Source: P.A. 90-270, eff. 7-30-97.)
2 (205 ILCS 205/1007.120)
3 Sec. 1007.120. 1007.115. Affiliate facility. "Affiliate
4 facility" of a savings bank means a depository institution
5 main office or branch office of an affiliate depository
6 institution. The depository institution main office or
7 branch office may be an affiliate facility with respect to
8 one or more affiliated savings banks.
9 (Source: P.A. 90-301, eff. 8-1-97; revised 10-21-97.)
10 (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
11 Sec. 1008. General corporate powers.
12 (a) A savings bank operating under this Act shall be a
13 body corporate and politic and shall have all of the specific
14 powers conferred by this Act and in addition thereto, the
15 following general powers:
16 (1) To sue and be sued, complain, and defend in its
17 corporate name and to have a common seal, which it may
18 alter or renew at pleasure.
19 (2) To obtain and maintain insurance by a deposit
20 insurance corporation as defined in this Act.
21 (3) To act as a fiscal agent for the United States,
22 the State of Illinois or any department, branch, arm, or
23 agency of the State or any unit of local government or
24 school district in the State, when duly designated for
25 that purpose, and as agent to perform reasonable
26 functions as may be required of it.
27 (4) To become a member of or deal with any
28 corporation or agency of the United States or the State
29 of Illinois, to the extent that the agency assists in
30 furthering or facilitating its purposes or powers and to
31 that end to purchase stock or securities thereof or
32 deposit money therewith, and to comply with any other
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1 conditions of membership or credit.
2 (5) To make donations in reasonable amounts for the
3 public welfare or for charitable, scientific, religious,
4 or educational purposes.
5 (6) To adopt and operate reasonable insurance,
6 bonus, profit sharing, and retirement plans for officers
7 and employees and for directors including, but not
8 limited to, advisory, honorary, and emeritus directors,
9 who are not officers or employees.
10 (7) To reject any application for membership; to
11 retire deposit accounts by enforced retirement as
12 provided in this Act and the bylaws; and to limit the
13 issuance of, or payments on, deposit accounts, subject,
14 however, to contractual obligations.
15 (8) To purchase stock in service corporations and
16 to invest in any form of indebtedness of any service
17 corporation as defined in this Act, subject to
18 regulations of the Commissioner.
19 (9) To purchase stock of a corporation whose
20 principal purpose is to operate a safe deposit company or
21 escrow service company.
22 (10) To exercise all the powers necessary to
23 qualify as a trustee or custodian under federal or State
24 law, provided that the authority to accept and execute
25 trusts is subject to the provisions of the Corporate
26 Fiduciary Act and to the supervision of those activities
27 by the Commissioner of Banks and Real Estate.
28 (11) (Blank).
29 (12) To establish, maintain, and operate terminals
30 as authorized by the Electronic Fund Transfer Act. The
31 establishment, maintenance, operation, and location of
32 those terminals shall be subject to the approval of the
33 Commissioner.
34 (13) Pledge its assets:
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1 (A) to enable it to act as agent for the sale
2 of obligations of the United States;
3 (B) to secure deposits;
4 (C) to secure deposits of money whenever
5 required by the National Bankruptcy Act;
6 (D) to qualify under Section 2-9 of the
7 Corporate Fiduciary Act; and
8 (E) to secure trust funds commingled with the
9 savings bank's funds, whether deposited by the
10 savings bank or an affiliate of the savings bank, as
11 required under Section 2-8 of the Corporate
12 Fiduciary Act.
13 (14) To accept for payment at a future date not to
14 exceed one year from the date of acceptance, drafts drawn
15 upon it by its customers; and to issue, advise, or
16 confirm letters of credit authorizing holders thereof to
17 draw drafts upon it or its correspondents.
18 (15) Subject to the regulations of the
19 Commissioner, to own and lease personal property acquired
20 by the savings bank at the request of a prospective
21 lessee and, upon the agreement of that person, to lease
22 the personal property.
23 (16) To establish temporary service booths at any
24 International Fair in this State that is approved by the
25 United States Department of Commerce for the duration of
26 the international fair for the purpose of providing a
27 convenient place for foreign trade customers to exchange
28 their home countries' currency into United States
29 currency or the converse. To provide temporary periodic
30 service to persons residing in a bona fide nursing home,
31 senior citizens' retirement home, or long-term care
32 facility. These powers shall not be construed as
33 establishing a new place or change of location for the
34 savings bank providing the service booth.
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1 (17) To indemnify its officers, directors,
2 employees, and agents, as authorized for corporations
3 under Section 8.75 of the Business Corporations Act of
4 1983.
5 (18) To provide data processing services to others
6 on a for-profit basis.
7 (19) To utilize any electronic technology to
8 provide customers with home banking services.
9 (20) Subject to the regulations of the
10 Commissioner, to enter into an agreement to act as a
11 surety.
12 (21) Subject to the regulations of the
13 Commissioner, to issue credit cards, extend credit
14 therewith, and otherwise engage in or participate in
15 credit card operations.
16 (22) To purchase for its own account shares of
17 stock of a bankers' bank, described in Section 13(b)(1)
18 of the Illinois Banking Act, on the same terms and
19 conditions as a bank may purchase such shares. In no
20 event shall the total amount of such stock held by a
21 savings bank in such bankers' bank exceed 10% of its
22 capital and surplus (including undivided profits) and in
23 no event shall a savings bank acquire more than 5% of any
24 class of voting securities of such bankers' bank.
25 (23) With respect to affiliate facilities:
26 (A) to conduct at affiliate facilities any of
27 the following transactions for and on behalf of any
28 affiliated depository institution, if so authorized
29 by the affiliate or affiliates: receiving deposits;
30 renewing deposits; cashing and issuing checks,
31 drafts, money orders, travelers checks, or similar
32 instruments; changing money; receiving payments on
33 existing indebtedness; and conducting ministerial
34 functions with respect to loan applications,
-581- LRB9000999EGfgam01
1 servicing loans, and providing loan account
2 information; and
3 (B) to authorize an affiliated depository
4 institution to conduct for and on behalf of it, any
5 of the transactions listed in this subsection at one
6 or more affiliate facilities.
7 A savings bank intending to conduct or to authorize
8 an affiliated depository institution to conduct at an
9 affiliate facility any of the transactions specified in
10 this subsection shall give written notice to the
11 Commissioner at least 30 days before any such transaction
12 is conducted at an affiliate facility. All conduct under
13 this subsection shall be on terms consistent with safe
14 and sound banking practices and applicable law.
15 (24) (23) Subject to Article XLIV of the Illinois
16 Insurance Code, to act as the agent for any fire, life,
17 or other insurance company authorized by the State of
18 Illinois, by soliciting and selling insurance and
19 collecting premiums on policies issued by such company;
20 and may receive for services so rendered such fees or
21 commissions as may be agreed upon between the said
22 savings bank and the insurance company for which it may
23 act as agent; provided, however, that no such savings
24 bank shall in any case assume or guarantee the payment of
25 any premium on insurance policies issued through its
26 agency by its principal; and provided further, that the
27 savings bank shall not guarantee the truth of any
28 statement made by an assured in filing his application
29 for insurance.
30 (25) (23) To become a member of the Federal Home
31 Loan Bank Board and to have the powers granted to a
32 savings association organized under the Illinois Savings
33 and Loan Act of 1985 or the laws of the United States,
34 subject to regulations of the Commissioner.
-582- LRB9000999EGfgam01
1 (b) If this Act or the regulations adopted under this
2 Act fail to provide specific guidance in matters of corporate
3 governance, the provisions of the Business Corporation Act of
4 1983 may be used.
5 (Source: P.A. 89-74, eff. 6-30-95; 89-310, eff. 1-1-96;
6 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-508, eff.
7 7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff.
8 7-1-97; 90-41, eff. 10-1-97; 90-270, eff. 7-30-97; 90-301,
9 eff. 8-1-97; revised 10-21-97.)
10 Section 86. The Illinois Credit Union Act is amended by
11 changing Sections 13 and 58 as follows:
12 (205 ILCS 305/13) (from Ch. 17, par. 4414)
13 Sec. 13. General Powers. A credit union may:
14 (1) Make contracts; sue and be sued; adopt and use a
15 common seal and alter same;
16 (2) Acquire, lease (either as lessee or lessor), hold,
17 pledge, mortgage, sell and dispose of real property, either
18 in whole or in part, or any interest therein, as may be
19 necessary or is incidental to its present or future
20 operations and needs, subject to such limitations as may be
21 imposed thereon in rules and regulations promulgated by the
22 Director; acquire, lease (either as lessee or lessor), hold,
23 pledge, mortgage, sell and dispose of or personal property,
24 either in whole or in part, or any interest therein, as may
25 be necessary or is incidental to its present or future
26 operations and needs;
27 (3) At the discretion of the Board of Directors, require
28 the payment of an entrance fee or annual membership fee, or
29 both, of any person admitted to membership;
30 (4) Receive savings from its members in the form of
31 shares of various classes, or special purpose share accounts;
32 act as custodian of its members' accounts; issue shares in
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1 trust as provided in this Act;
2 (5) Lend its funds to its members and otherwise as
3 hereinafter provided;
4 (6) Borrow from any source in accordance with policy
5 established by the Board of Directors to a maximum of 50% of
6 capital, surplus and reserves;
7 (7) Discount and sell any obligations owed to the credit
8 union;
9 (8) Honor requests for withdrawals or transfers of all
10 or any part of member share accounts, and any classes
11 thereof, in any manner approved by the credit union Board of
12 Directors;
13 (9) Sell all or substantially all of its assets or
14 purchase all or substantially all of the assets of another
15 credit union, subject to the prior approval of the Director;
16 (10) Invest surplus funds as provided in this Act;
17 (11) Make deposits in banks, savings banks, savings and
18 loan associations, trust companies; and invest in shares,
19 classes of shares or share certificates of other credit
20 unions;
21 (12) Assess charges and fees to members in accordance
22 with board resolution;
23 (13) Hold membership in and pay dues to associations and
24 organizations; to invest in shares, stocks or obligations of
25 any credit union organization;
26 (14) Declare dividends and pay interest refunds to
27 borrowers as provided in this Act;
28 (15) Collect, receive and disburse monies in connection
29 with providing negotiable checks, money orders and other
30 money-type instruments, and for such other purposes as may
31 provide benefit or convenience to its members, and charge a
32 reasonable fee for such services;
33 (16) Act as fiscal agent for and receive deposits from
34 the federal government, this state or any agency or political
-584- LRB9000999EGfgam01
1 subdivision thereof;
2 (17) Receive savings from nonmembers in the form of
3 shares or share accounts in the case of credit unions serving
4 predominantly low-income members. The term "low income
5 members" shall mean those members whose annual income falls
6 at or below the lower level standard of living classification
7 as established by the Bureau of Labor Statistics and updated
8 by the Employment and Training Administration of the U.S.
9 Department of Labor. The term "predominantly" is defined as a
10 simple majority;
11 (18) To establish, maintain, and operate terminals as
12 authorized by the Electronic Fund Transfer Act; and
13 (19) Subject to Article XLIV of the Illinois Insurance
14 Code, to act as the agent for any fire, life, or other
15 insurance company authorized by the State of Illinois, by
16 soliciting and selling insurance and collecting premiums on
17 policies issued by such company; and may receive for services
18 so rendered such fees or commissions as may be agreed upon
19 between the said credit union and the insurance company for
20 which it may act as agent; provided, however, that no such
21 credit union shall in any case assume or guarantee the
22 payment of any premium on insurance policies issued through
23 its agency by its principal; and provided further, that the
24 credit union shall not guarantee the truth of any statement
25 made by an assured in filing his application for insurance.
26 (Source: P.A. 89-310, eff. 1-1-96; 90-41, eff. 10-1-97;
27 revised 12-18-97.)
28 (205 ILCS 305/58) (from Ch. 17, par. 4459)
29 Sec. 58. Share insurance.
30 (1) Each credit union operating in this State shall
31 insure its share accounts with the NCUA, under 12 U.S.C. 1781
32 et. seq. (Sec. 201 et. seq. of the Federal Credit Union Act)
33 or with such other insurers as may be jointly approved by the
-585- LRB9000999EGfgam01
1 Director of Financial Institutions and the Director of
2 Insurance. Each approved insurer shall be found to be
3 financially sound and to employ approved actuarial practices.
4 The Director shall determine that a firm commitment to insure
5 share accounts has been issued before a charter may be
6 granted for a new credit union. Application for such
7 insurance by credit unions in existence on the effective date
8 of this Section shall be made not later than December 31,
9 1981 and such credit unions shall receive a commitment to
10 insure share accounts by December 31, 1984.
11 (2) A credit union which has been denied a commitment of
12 insurance of accounts shall either dissolve, merge with
13 another credit union, or apply in writing, within 30 days of
14 denial, to the Director for additional time to obtain an
15 insurance commitment. The Director may grant up to 24 months
16 additional time upon satisfactory evidence that the credit
17 union is making a substantial effort to achieve the
18 conditions precedent to issuance of the commitment.
19 (3) The Director shall cooperate with the NCUA or other
20 approved insurers by furnishing copies of financial and
21 examination reports and other information bearing on the
22 financial condition of any credit union.
23 (Source: P.A. 81-1526; revised 6-27-97.)
24 Section 87. The Pawnbroker Regulation Act is amended by
25 changing Section 5 as follows:
26 (205 ILCS 510/5) (from Ch. 17, par. 4655)
27 Sec. 5. Record requirements.
28 (a) Except in municipalities located in counties having
29 3,000,000 or more inhabitants, every pawn and loan broker
30 shall keep a standard record book that has been approved by
31 the sheriff of the county in which the pawnbroker does
32 business. printed, typed, or In municipalities in counties
-586- LRB9000999EGfgam01
1 with 3,000,000 or more inhabitants, the record book shall be
2 approved by the police department of the municipality in
3 which the pawn or loan broker does business. At the time of
4 each and every loan or taking of a pledge, an accurate
5 account and description, in the English language, of all the
6 goods, articles and other things pawned or pledged, the
7 amount of money, value or thing loaned thereon, the time of
8 pledging the same, the rate of interest to be paid on such
9 loan, and the name and residence of the person making such
10 pawn or pledge shall be printed, typed, or written in ink in
11 the record book. Such entry shall include the serial number
12 or identification number of items received which are required
13 to bear such number. Except for items purchased from dealers
14 possessing a federal employee identification number who have
15 provided a receipt to the pawnbroker, every pawnbroker shall
16 also record in his book, an accurate account and description,
17 in the English language, of all goods, articles and other
18 things purchased or received for the purpose of resale or
19 loan collateral by the pawnbroker from any source, not in the
20 course of a pledge or loan, the time of such purchase or
21 receipt and the name and address of the person or business
22 which sold or delivered such goods, articles, or other things
23 to the pawnbroker. No entry in such book shall be erased,
24 mutilated or changed.
25 (b) Every pawnbroker shall require 2 forms of
26 identification to be shown him by each person pledging or
27 pawning any goods, articles or other things to the
28 pawnbroker. One of the two forms of identification must
29 3nclude his or her residence address. These forms of
30 identification shall include, but not be limited to, any of
31 the following: driver's license, social security card,
32 utility bill, employee or student identification card, credit
33 card, or a civic, union or professional association
34 membership card.
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1 (c) A pawnbroker may maintain the records required by
2 subsection (a) in computer form if the computer form has been
3 approved by the Commissioner, the sheriff of the county in
4 which the shop is located, and the police department of the
5 municipality in which the shop is located.
6 (d) Records, including reports to the Commissioner,
7 maintained by pawnbrokers shall be confidential, and no
8 disclosure of pawnbroker records shall be made except
9 disclosures authorized by this Act or ordered by a court of
10 competent jurisdiction. No record transferred to a
11 governmental official shall be improperly disclosed, provided
12 that use of those records as evidence of a felony or
13 misdemeanor shall be a proper purpose.
14 (e) Pawnbrokers and their associations may lawfully give
15 appropriate governmental agencies computer equipment for the
16 purpose of transferring information pursuant to this Act.
17 (Source: P.A. 90-56, eff. 7-3-97; 90-477, eff. 7-1-98;
18 revised 11-24-97.)
19 Section 88. The Corporate Fiduciary Act is amended by
20 changing Sections 1-2, 1-6, and 6-10 and setting forth and
21 renumbering multiple versions of Section 2-12 as follows:
22 (205 ILCS 620/1-2) (from Ch. 17, par. 1551-2)
23 Sec. 1-2. Policy of Act. The General Assembly finds
24 that corporate fiduciaries perform a vital service in the
25 administration of trusts, guardianship, receiverships,
26 estates and other fiduciary capacities; that it is in the the
27 public interest that prior to accepting any fiduciary
28 appointment, a corporate fiduciary meet minimum
29 qualifications with respect to financial capacity as well as
30 managerial competence and integrity; that the operation of a
31 corporate fiduciary is impressed with a public interest such
32 that it should be supervised as an activity affecting the
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1 general welfare of the people of the State of Illinois; and
2 that a corporate fiduciary should obtain its authority,
3 conduct its operations and be supervised as provided in this
4 Act.
5 (Source: P.A. 85-858; revised 6-27-97.)
6 (205 ILCS 620/1-6) (from Ch. 17, par. 1551-6)
7 Sec. 1-6. General Corporate Powers. A corporate
8 fiduciary shall have the powers:
9 (a) if it is a State bank, those powers granted
10 under Sections 3 and 5 of the Illinois Banking Act, as
11 now or hereafter amended; and
12 (b) if it is a State savings and loan association,
13 those powers granted under Sections 1-6 through 1-8 of
14 the Illinois Savings and Loan Act of 1985, as now or
15 hereafter amended; and
16 (c) if it is a corporation organized under the
17 Business Corporation Act of 1983, as now or hereafter
18 amended, or a limited liability company organized under
19 the Limited Liability Company Act, those powers granted
20 in Sections 4.01 through 4.24 of the Trusts and Trustees
21 Act, as now or hereafter amended, to the extent the
22 exercise of such powers by the corporate fiduciary are
23 not contrary to the instrument containing the appointment
24 of the corporate fiduciary, the court order appointing
25 the corporate fiduciary or any other statute specifically
26 limiting the power of the corporate fiduciary under the
27 circumstances; and
28 (d) subject to Article XLIV of the Illinois
29 Insurance Code, to act as the agent for any fire, life,
30 or other insurance company authorized by the State of
31 Illinois, by soliciting and selling insurance and
32 collecting premiums on policies issued by such company;
33 and may receive for services so rendered such fees or
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1 commissions as may be agreed upon between the said
2 corporate fiduciary and the insurance company for which
3 it may act as agent; provided, however, that no such
4 corporate fiduciary shall in any case assume or guarantee
5 the payment of any premium on insurance policies issued
6 through its agency by its principal; and provided
7 further, that the corporate fiduciary shall not guarantee
8 the truth of any statement made by an assured in filing
9 his application for insurance.
10 The Commissioner may specify powers of corporate
11 fiduciaries generally or of a particular corporate fiduciary
12 and by rule or order limit or restrict such powers of
13 corporate fiduciaries or a particular corporate fiduciary if
14 he finds the exercise of such power by corporate fiduciaries
15 generally or of the corporate fiduciary in particular may
16 tend to be an unsafe or unsound practice, or if such power is
17 otherwise not in the interest of beneficiaries of any
18 fiduciary appointment.
19 (Source: P.A. 90-41, eff. 10-1-97; 90-424, eff. 1-1-98;
20 revised 11-4-97.)
21 (205 ILCS 620/2-12)
22 Sec. 2-12. Reproductions of documents. Notwithstanding
23 any other provision of law, if a corporate fiduciary
24 possesses, records, or creates any document, memorandum,
25 writing, entry, representation, or combination thereof, of
26 any act, transaction, occurrence, event, or agreement
27 (including, without limitation, a trust agreement or
28 amendment thereto, but excluding in all events an original
29 will or codicil thereto) and in the regular course of
30 business has caused any or all of the same to be recorded,
31 copied, or reproduced by photographic, photostatic,
32 facsimile, microfiche, optical, or electronic imaging, or any
33 other electronic or computer-generated process that
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1 accurately reproduces or forms a medium for so reproducing
2 the original, the original may be destroyed in the regular
3 course of business and such recording, copy, or reproduction
4 shall be admissible in evidence in the same manner as the
5 original in any proceeding, whether the original is in
6 existence or not. This Section shall not be construed to
7 exclude from evidence any document or copy thereof that is
8 otherwise admissible under the rules of evidence.
9 (Source: P.A. 90-298, eff. 8-1-97.)
10 (205 ILCS 620/2-13)
11 Sec. 2-13. 2-12. Employment of persons with convictions.
12 Except with the prior written consent of the Commissioner, no
13 person having a certificate of authority under this Act shall
14 knowingly employ or otherwise permit an individual to serve
15 as an officer, director, employee, or agent if the individual
16 has been convicted of a felony or of any criminal offense
17 relating to dishonesty or breach of trust.
18 (Source: P.A. 90-301, eff. 8-1-97; revised 10-15-97.)
19 (205 ILCS 620/6-10) (from Ch. 17, par. 1556-10)
20 Sec. 6-10. The receiver for a corporate fiduciary, under
21 the direction of the Commissioner, shall have the power and
22 authority and is charged with the duties and responsibilities
23 as follows:
24 (1) To take possession of, and for the purpose of the
25 receivership, the title to the books, records and assets of
26 every description of the corporate fiduciary.
27 (2) To proceed to collect all debts, dues and claims
28 belonging to the corporate fiduciary.
29 (3) To file with the Commissioner a copy of each report
30 which he makes to the court, together with such other reports
31 and records as the Commissioner may require.
32 (4) The receiver shall have authority to sue and defend
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1 in the receiver's own wn name and with respect to the
2 affairs, assets, claims, debts and chooses in action of the
3 corporate fiduciary.
4 (5) The receiver shall have authority, and it shall be
5 the receiver's duty, to surrender to the customers of such
6 corporate fiduciary, when requested in writing directed to
7 the receiver by such customers, the assets, private papers
8 and valuables left with the corporate fiduciary for
9 safekeeping, under a custodial or agency agreement, upon
10 satisfactory proof of ownership.
11 (6) As soon as can reasonably be done, the receiver
12 shall resign on behalf of the corporate fiduciary, all
13 trusteeships, guardianships, and all appointments as executor
14 and administrator, or as custodian under the Illinois Uniform
15 Transfers to Minors Act, as now or hereafter amended, or as
16 fiduciary under custodial or agency agreements or under the
17 terms of any other written agreement or court order
18 whereunder the corporate fiduciary is holding property in a
19 fiduciary capacity for the benefit of another person, making
20 in each case, from the records and documents available to the
21 receiver, a proper accounting, in the manner and scope as
22 determined by the Commissioner to be practical and advisable
23 under the circumstances, on behalf of the corporate
24 fiduciary. The receiver, prior to resigning, shall cause a
25 successor trustee or fiduciary to be appointed pursuant to
26 the terms set forth in the governing instrument or pursuant
27 to the provisions of the Trusts and Trustees Act, as now or
28 hereafter amended, if applicable, then the receiver shall
29 make application to the court having jurisdiction over the
30 liquidation or winding up of the corporate fiduciary, for the
31 appointment of a successor. The receiver, if a corporate
32 fiduciary, shall not be disqualified from acting as successor
33 trustee or fiduciary if appointed under the terms of the
34 governing instrument, by court order or by the customer of
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1 the corporate fiduciary whose affairs are being liquidated or
2 wound up and, in such case, no guardian ad litem need be
3 appointed to review the accounting of the receiver unless the
4 beneficiaries or customers of the corporate fiduciary so
5 request in writing.
6 (7) The receiver shall have authority to redeem or take
7 down collateral hypothecated by the corporate fiduciary to
8 secure its notes and other evidence of indebtedness whenever
9 the Commissioner deems it to be in the best interest of the
10 creditors of the corporate fiduciary and directs the receiver
11 so to do.
12 (8) Whenever the receiver shall find it necessary in the
13 receiver's opinion to use and employ money of the corporate
14 fiduciary, in order to protect fully and benefit the
15 corporate fiduciary, by the purchase or redemption of any
16 property, real or personal, in which the corporate fiduciary
17 may have any rights by reason of any bond, mortgage,
18 assignment, or other claim thereto, the receiver may certify
19 the facts together with the receiver's opinions as to the
20 value of the property involved, and the value of the equity
21 the corporate fiduciary may have in the property to the
22 Commissioner, together with a request for the right and
23 authority to use and employ so much of the money of the
24 corporate fiduciary as may be necessary to purchase the
25 property, or to redeem the same from a sale if there was a
26 sale, and if such request is granted, the receiver may use so
27 much of the money of the corporate fiduciary as the
28 Commissioner may have authorized to purchase said property at
29 such sale.
30 (9) The receiver shall deposit daily all monies
31 collected by the receiver in any State or national bank
32 selected by the Commissioner, who may require (and the bank
33 so selected may furnish) of such depository satisfactory
34 securities or satisfactory surety bond for the safekeeping
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1 and prompt payment of the money so deposited. The deposits
2 shall be made in the name of the Commissioner in trust for
3 the receiver and be subject to withdrawal upon the receiver's
4 order or upon the order of such persons as the Commissioner
5 may designate. Such monies may be deposited without
6 interest, unless otherwise agreed. However, if any interest
7 was paid by such depository, it shall accrue to the benefit
8 of the particular trust or fiduciary account to which the
9 deposit belongs. Except as otherwise directed by the
10 Commissioner, notwithstanding any other provision of this
11 paragraph, the receiver's investment and other powers shall
12 be those under the governing instrument or under the Trusts
13 and Trustees Act, as now or hereafter amended, and shall
14 include the power to pay out income and principal in
15 accordance with the terms of the governing instrument.
16 (10) The receiver shall do such things and take such
17 steps from time to time under the direction and approval of
18 the Commissioner as may reasonably appear to be necessary to
19 conserve the corporate fiduciary's assets and secure the best
20 interests of the creditors of the corporate fiduciary.
21 (11) The receiver shall record any judgment of
22 dissolution entered in a dissolution proceeding and thereupon
23 turn over to the Commissioner a certified copy thereof,
24 together with all books of accounts and ledgers of such
25 corporate fiduciary for preservation, as distinguished from
26 the books of accounts and ledgers of the corporate fiduciary
27 relating to the assets of the beneficiaries of such fiduciary
28 relations, all of which books of accounts and ledgers shall
29 be turned over by the receiver to the successor trustee or
30 fiduciary.
31 (12) The receiver may cause all assets of the
32 beneficiaries of such fiduciary relations to be registered in
33 the name of the receiver or in the name of the receiver's
34 nominee.
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1 (13) The receiver shall have a reasonable period of time
2 in which to review all of the trust accounts, executorships,
3 administrationships, guardianships, or other fiduciary
4 relationships, in order to ascertain that the investments by
5 the corporate fiduciary of the assets of such trust accounts,
6 executorships, administrationships, guardianships or other
7 fiduciary relationships comply with the terms of the
8 governing instrument, the prudent person rule governing the
9 investment of such funds, or any other law regulating the
10 investment of such funds.
11 (14) For its services in administering the trusts and
12 other fiduciary accounts of the corporate fiduciary during
13 the period of winding up the affairs of the corporate
14 fiduciary, the receiver shall be entitled to be reimbursed
15 for all costs and expenses incurred by the receiver and shall
16 also be entitled to receive out of the assets of the
17 individual fiduciary accounts being administered by the
18 receiver during the period of winding up the affairs of the
19 corporate fiduciary and prior to the appointment of a
20 successor trustee or fiduciary, the usual and customary fees
21 charged by the receiver in the administration of its own
22 fiduciary accounts or reasonable fees approved by the
23 Commissioner.
24 (15) The receiver, during its administration of the
25 trusts and other fiduciary accounts of the corporate
26 fiduciary during the winding up of the affairs of the
27 corporate fiduciary, shall have all of the powers which are
28 vested in trustees under the terms and provisions of the
29 Trusts and Trustees Act, as now or hereafter amended.
30 (16) Upon the appointment of a successor trustee or
31 fiduciary, the receiver shall deliver to such successor
32 trustee or fiduciary all of the assets belonging to the
33 individual trust or fiduciary account as to which the
34 successor trustee or fiduciary succeeds, and the receiver
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1 shall thereupon be relieved of any further duties or
2 obligations with respect thereto.
3 (Source: P.A. 86-754; revised 6-27-97.)
4 Section 89. The Foreign Banking Office Act is amended by
5 setting forth and renumbering multiple versions of Section 20
6 as follows:
7 (205 ILCS 645/20)
8 Sec. 20. Administrative liens for past-due child
9 support. Any foreign banking corporation governed by this
10 Act shall encumber or surrender accounts or assets held by
11 the foreign banking corporation on behalf of any responsible
12 relative who is subject to a child support lien, upon notice
13 of the lien or levy of the Illinois Department of Public Aid
14 or its successor agency pursuant to Section 10-25.5 of the
15 Illinois Public Aid Code, or upon notice of interstate lien
16 from any other state's agency responsible for implementing
17 the child support enforcement program set forth in Title IV,
18 Part D of the Social Security Act.
19 (Source: P.A. 90-18, eff. 7-1-97.)
20 (205 ILCS 645/21)
21 Sec. 21. 20. Reliance on Commissioner. No foreign
22 banking corporation or other person shall be liable under
23 this Act for any act done or omitted in good faith in
24 conformity with any rule, interpretation, or opinion issued
25 by the Commissioner of Banks and Real Estate, notwithstanding
26 that after the act or omission has occurred, the rule,
27 opinion, or interpretation upon which reliance is placed is
28 amended, rescinded, or determined by judicial or other
29 authority to be invalid for any reason.
30 (Source: P.A. 90-161, eff. 7-23-97; revised 10-7-97.)
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1 Section 90. The Foreign Bank Representative Office Act
2 is amended by setting forth and renumbering multiple versions
3 of Section 7 as follows:
4 (205 ILCS 650/7)
5 Sec. 7. Reliance on Commissioner. No foreign bank or
6 other person shall be liable under this Act for any act done
7 or omitted in good faith in conformity with any rule,
8 interpretation, or opinion issued by the Commissioner of
9 Banks and Real Estate, notwithstanding that after the act or
10 omission has occurred, the rule, opinion, or interpretation
11 upon which reliance is placed is amended, rescinded, or
12 determined by judicial or other authority to be invalid for
13 any reason.
14 (Source: P.A. 90-161, eff. 7-23-97.)
15 (205 ILCS 650/8)
16 Sec. 8. 7. Powers of the Commissioner. The Commissioner
17 shall have under this Act all of the powers granted to him
18 under the Illinois Banking Act to the extent necessary to
19 enable the Commissioner to supervise the representative
20 office of a foreign bank holding a license.
21 (Source: P.A. 90-301, eff. 8-1-97; revised 10-7-97.)
22 Section 91. The Check Printer and Check Number Act is
23 amended by changing Section 30 as follows:
24 (205 ILCS 690/30)
25 Sec. 30. Civil action. When the Commissioner believes a
26 person has violated, is violating, or will violate this Act
27 or a rule prescribed under this Act, the Commissioner may
28 request the Attorney General to bring a civil action in
29 circuit court to enjoin the violation or enforce compliance
30 with this Act or a rule prescribed under this Act. A person
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1 not complying with an injunction issued under this Section is
2 liable to the State of Illinois in a civil suit for an amount
3 of not more than $10,000.
4 (Source: P.A. 90-184, eff. 7-23-97; revised 11-14-97.)
5 Section 92. The Alternative Health Care Delivery Act is
6 amended by changing Section 25 as follows:
7 (210 ILCS 3/25)
8 Sec. 25. Department responsibilities. The Department
9 shall have the responsibilities set forth in this Section.
10 (a) The Department shall adopt rules for each
11 alternative health care model authorized under this Act that
12 shall include but not be limited to the following:
13 (1) Further definition of the alternative health
14 care models.
15 (2) The definition and scope of the demonstration
16 program, including the implementation date and period of
17 operation, not to exceed 5 years.
18 (3) License application information required by the
19 Department.
20 (4) The care of patients in the alternative health
21 care models.
22 (5) Rights afforded to patients of the alternative
23 health care models.
24 (6) Physical plant requirements.
25 (7) License application and renewal fees, which may
26 cover the cost of administering the demonstration
27 program.
28 (8) Information that may be necessary for the Board
29 and the Department to monitor and evaluate the
30 alternative health care model demonstration program.
31 (9) Administrative fines that may be assessed by
32 the Department for violations of this Act or the rules
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1 adopted under this Act.
2 (b) The Department shall issue, renew, deny, suspend, or
3 revoke licenses for alternative health care models.
4 (c) The Department shall perform licensure inspections
5 of alternative health care models as deemed necessary by the
6 Department to ensure compliance with this Act or rules.
7 (d) The Department shall deposit application fees,
8 renewal fees, and fines into the Regulatory Evaluation and
9 Basic Enforcement Fund.
10 (e) (d) The Department shall assist the Board in
11 performing the Board's responsibilities under this Act.
12 (Source: P.A. 87-1188; revised 12-18-97.)
13 Section 93. The Illinois Clinical Laboratory and Blood
14 Bank Act is amended by changing Section 7-101 as follows:
15 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
16 Sec. 7-101. Examination of specimens. A clinical
17 laboratory shall examine specimens only at the request of (i)
18 a licensed physician, (ii) a licensed dentist, (iii) a
19 licensed podiatrist, (iv) a therapeutic optometrist for
20 diagnostic or therapeutic purposes related to the use of
21 diagnostic topical or therapeutic ocular pharmaceutical
22 agents, as defined in subsections (c) and (d) of Section 15.1
23 of the Illinois Optometric Practice Act of 1987, (v) a
24 licensed physician assistant in accordance with the written
25 guidelines required under subdivision (3) of Section 4 and
26 under Section 7.5 of the Physician Assistant Practice Act of
27 1987, or (vi) an authorized law enforcement agency or, in the
28 case of blood alcohol, at the request of the individual for
29 whom the test is to be performed in compliance with Sections
30 11-501 and 11-501.1 of the Illinois Vehicle Code. If the
31 request to a laboratory is oral, the physician or other
32 authorized person shall submit a written request to the
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1 laboratory within 48 hours. If the laboratory does not
2 receive the written request within that period, it shall note
3 that fact in its records.
4 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
5 revised 10-23-97.)
6 Section 94. The Abused and Neglected Long Term Care
7 Facility Residents Reporting Act is amended by changing
8 Section 6.2 as follows:
9 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
10 (Section scheduled to be repealed on January 1, 2000)
11 Sec. 6.2. Inspector General.
12 (a) The Governor shall appoint, and the Senate shall
13 confirm, an Inspector General who shall function within the
14 Department of Human Services and report to the Secretary of
15 Human Services and the Governor. The Inspector General shall
16 investigate reports of suspected abuse or neglect (as those
17 terms are defined in Section 3 of this Act) of patients or
18 residents in any mental health or developmental disabilities
19 facility operated by the Department of Human Services and
20 shall have authority to investigate and take immediate action
21 on reports of abuse or neglect of recipients, whether
22 patients or residents, in any mental health or developmental
23 disabilities facility or program that is licensed or
24 certified by the Department of Human Services (as successor
25 to the Department of Mental Health and Developmental
26 Disabilities) or that is funded by the Department of Human
27 Services (as successor to the Department of Mental Health and
28 Developmental Disabilities) and is not licensed or certified
29 by any agency of the State. At the specific, written request
30 of an agency of the State other than the Department of Human
31 Services (as successor to the Department of Mental Health and
32 Developmental Disabilities), the Inspector General may
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1 cooperate in investigating reports of abuse and neglect of
2 persons with mental illness or persons with developmental
3 disabilities. The Inspector General shall have no
4 supervision over or involvement in routine, programmatic,
5 licensure, or certification operations of the Department of
6 Human Services or any of its funded agencies.
7 The Inspector General shall promulgate rules establishing
8 minimum requirements for reporting allegations of abuse and
9 neglect and initiating, conducting, and completing
10 investigations. The promulgated rules shall clearly set
11 forth that in instances where 2 or more State agencies could
12 investigate an allegation of abuse or neglect, the Inspector
13 General shall not conduct an investigation that is redundant
14 to an investigation conducted by another State agency. The
15 rules shall establish criteria for determining, based upon
16 the nature of the allegation, the appropriate method of
17 investigation, which may include, but need not be limited to,
18 site visits, telephone contacts, or requests for written
19 responses from agencies. The rules shall also clarify how
20 the Office of the Inspector General shall interact with the
21 licensing unit of the Department of Human Services in
22 investigations of allegations of abuse or neglect. Any
23 allegations or investigations of reports made pursuant to
24 this Act shall remain confidential until a final report is
25 completed. The resident or patient who allegedly was abused
26 or neglected and his or her legal guardian shall be informed
27 by the facility or agency of the report of alleged abuse or
28 neglect. Final reports regarding unsubstantiated or unfounded
29 allegations shall remain confidential, except that final
30 reports may be disclosed pursuant to Section 6 of this Act.
31 The Inspector General shall be appointed for a term of 4
32 years.
33 (b) The Inspector General shall within 24 hours after
34 receiving a report of suspected abuse or neglect determine
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1 whether the evidence indicates that any possible criminal act
2 has been committed. If he determines that a possible criminal
3 act has been committed, or that special expertise is required
4 in the investigation, he shall immediately notify the
5 Department of State Police. The Department of State Police
6 shall investigate any report indicating a possible murder,
7 rape, or other felony. All investigations conducted by the
8 Inspector General shall be conducted in a manner designed to
9 ensure the preservation of evidence for possible use in a
10 criminal prosecution.
11 (b-5) The Inspector General shall make a determination
12 to accept or reject a preliminary report of the investigation
13 of alleged abuse or neglect based on established
14 investigative procedures. The facility or agency may request
15 clarification or reconsideration based on additional
16 information. For cases where the allegation of abuse or
17 neglect is substantiated, the Inspector General shall require
18 the facility or agency to submit a written response. The
19 written response from a facility or agency shall address in a
20 concise and reasoned manner the actions that the agency or
21 facility will take or has taken to protect the resident or
22 patient from abuse or neglect, prevent reoccurrences, and
23 eliminate problems identified and shall include
24 implementation and completion dates for all such action.
25 (c) The Inspector General shall, within 10 calendar days
26 after the transmittal date of a completed investigation where
27 abuse or neglect is substantiated or administrative action is
28 recommended, provide a complete report on the case to the
29 Secretary of Human Services and to the agency in which the
30 abuse or neglect is alleged to have happened. The complete
31 report shall include a written response from the agency or
32 facility operated by the State to the Inspector General that
33 addresses in a concise and reasoned manner the actions that
34 the agency or facility will take or has taken to protect the
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1 resident or patient from abuse or neglect, prevent
2 reoccurrences, and eliminate problems identified and shall
3 include implementation and completion dates for all such
4 action. The Secretary of Human Services shall accept or
5 reject the response and establish how the Department will
6 determine whether the facility or program followed the
7 approved response. The Secretary may require Department
8 personnel to visit the facility or agency for training,
9 technical assistance, programmatic, licensure, or
10 certification purposes. Administrative action, including
11 sanctions, may be applied should the Secretary reject the
12 response or should the facility or agency fail to follow the
13 approved response. The facility or agency shall inform the
14 resident or patient and the legal guardian whether the
15 reported allegation was substantiated, unsubstantiated, or
16 unfounded. There shall be an appeals process for any person
17 or agency that is subject to any action based on a
18 recommendation or recommendations.
19 (d) The Inspector General may recommend to the
20 Departments of Public Health and Human Services sanctions to
21 be imposed against mental health and developmental
22 disabilities facilities under the jurisdiction of the
23 Department of Human Services for the protection of residents,
24 including appointment of on-site monitors or receivers,
25 transfer or relocation of residents, and closure of units.
26 The Inspector General may seek the assistance of the Attorney
27 General or any of the several State's attorneys in imposing
28 such sanctions.
29 (e) The Inspector General shall establish and conduct
30 periodic training programs for Department employees
31 concerning the prevention and reporting of neglect and abuse.
32 (f) The Inspector General shall at all times be granted
33 access to any mental health or developmental disabilities
34 facility operated by the Department, shall establish and
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1 conduct unannounced site visits to those facilities at least
2 once annually, and shall be granted access, for the purpose
3 of investigating a report of abuse or neglect, to any
4 facility or program funded by the Department that is subject
5 under the provisions of this Section to investigation by the
6 Inspector General for a report of abuse or neglect.
7 (g) Nothing in this Section shall limit investigations
8 by the Department of Human Services that may otherwise be
9 required by law or that may be necessary in that Department's
10 capacity as the central administrative authority responsible
11 for the operation of State mental health and developmental
12 disability facilities.
13 (h) This Section is repealed on January 1, 2000.
14 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
15 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; revised
16 11-14-97.)
17 Section 95. The Nursing Home Care Act is amended by
18 changing Section 3-508 as follows:
19 (210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508)
20 Sec. 3-508. A receiver appointed under this Act:
21 (a) Shall exercise those powers and shall perform those
22 duties set out by the court;
23 (b) Shall operate the facility in such a manner as to
24 assure safety and adequate health care for the residents;
25 (c) Shall have the same rights to possession of the
26 building in which the facility is located and of all goods
27 and fixtures in the building at the time the petition for
28 receivership is filed as the owner would have had if the
29 receiver had not been appointed, and of all assets of the
30 facility. The receiver shall take such action as is
31 reasonably necessary to protect or conserve the assets or
32 property of which the receiver takes possession, or the
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1 proceeds from any transfer thereof, and may use them only in
2 the performance of the powers and duties set forth in this
3 Section and by order of the court;
4 (d) May use the building, fixtures, furnishings and any
5 accompanying consumable goods in the provision of care and
6 services to residents and to any other persons receiving
7 services from the facility at the time the petition for
8 receivership was filed. The receiver shall collect payments
9 for all goods and services provided to residents or others
10 during the period of the receivership at the same rate of
11 payment charged by the owners at the time the petition for
12 receivership was filed;
13 (e) May correct or eliminate any deficiency in the
14 structure or furnishings of the facility which endangers the
15 safety or health of residents while they remain in the
16 facility, provided the total cost of correction does not
17 exceed $3,000. The court may order expenditures for this
18 purpose in excess of $3,000 on application from the receiver
19 after notice to the owner and hearing;
20 (f) May let contracts and hire agents and employees to
21 carry out the powers and duties of the receiver under this
22 Section;
23 (g) Except as specified in Section 3-510, shall honor
24 all leases, mortgages and secured transactions governing the
25 building in which the facility is located and all goods and
26 fixtures in the building of which the receiver has taken
27 possession, but only to the extent of payments which, in the
28 case of a rental agreement, are for the use of the property
29 during the period of the receivership, or which, in the case
30 of a purchase agreement, come due during the period of the
31 receivership.
32 (h) Shall have full power to direct and manage and to
33 discharge employees of the facility, subject to any contract
34 rights they may have. The receiver shall pay employees at
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1 the same rate of compensation, including benefits, that the
2 employees would have received from the owner. Receivership
3 does not relieve the owner of any obligation to employees
4 not carried out by the receiver;
5 (i) Shall, if any resident is transferred or discharged,
6 follow the procedures set forth in Part 4 of this Article.
7 (j) Shall be entitled to and shall take possession of
8 all property or assets of residents which are in the
9 possession of a facility or its an owner. The receiver shall
10 preserve all property, assets and records of residents of
11 which the receiver takes possession and shall provide for the
12 prompt transfer of the property, assets and records to the
13 new placement of any transferred resident.
14 (k) Shall report to the court on any actions he has
15 taken to bring the facility into compliance with this Act or
16 with Title 18 or 19 of the Social Security Act that he
17 believes should be continued when the receivership is
18 terminated in order to protect the health, safety or welfare
19 of the residents.
20 (Source: P.A. 87-549; revised 12-18-97.)
21 Section 96. The Emergency Medical Services (EMS) Systems
22 Act is amended by changing Sections 3.200 and 3.205 as
23 follows:
24 (210 ILCS 50/3.200)
25 Sec. 3.200. State Emergency Medical Services Advisory
26 Council.
27 (a) There shall be established within the Department of
28 Public Health a State Emergency Medical Services Advisory
29 Council, which shall serve as an advisory body to the
30 Department on matters related to this Act.
31 (b) Membership of the Council shall include one
32 representative from each EMS Region, to be appointed by each
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1 region's EMS Regional Advisory Committee. The Governor shall
2 appoint additional members to the Council as necessary to
3 insure that the Council includes one representative from each
4 of the following categories:
5 (1) EMS Medical Director,
6 (2) Trauma Center Medical Director,
7 (3) Licensed, practicing physician with regular and
8 frequent involvement in the provision of emergency care,
9 (4) Licensed, practicing physician with special
10 expertise in the surgical care of the trauma patient,
11 (5) EMS System Coordinator,
12 (6) TNS,
13 (7) EMT-P,
14 (8) EMT-I,
15 (9) EMT-B,
16 (10) Private vehicle service provider,
17 (11) Law enforcement officer,
18 (12) Chief of a public vehicle service provider,
19 (13) Statewide firefighters' union member
20 affiliated with a vehicle service provider,
21 (14) Administrative representative from a fire
22 department vehicle service provider in a municipality
23 with a population of over 2 million people;
24 (15) Administrative representative from a Resource
25 Hospital or EMS System Administrative Director.
26 (c) Of the members first appointed, 5 members shall be
27 appointed for a term of one year, 5 members shall be
28 appointed for a term of 2 years, and the remaining members
29 shall be appointed for a term of 3 years. The terms of
30 subsequent appointees shall be 3 years. All appointees shall
31 serve until their successors are appointed and qualified.
32 (d) The Council shall be provided a 90-day period in
33 which to review and comment upon all rules proposed by the
34 Department pursuant to this Act, except for rules adopted
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1 pursuant to Section 3.190(a) of this Act, rules submitted to
2 the State Trauma Advisory Council and emergency rules adopted
3 pursuant to Section 5-45 5.02 of the Illinois Administrative
4 Procedure Act. The 90-day review and comment period may
5 commence upon the Department's submission of the proposed
6 rules to the individual Council members, if the Council is
7 not meeting at the time the proposed rules are ready for
8 Council review. Any non-emergency rules adopted prior to the
9 Council's 90-day review and comment period shall be null and
10 void. If the Council fails to advise the Department within
11 its 90-day review and comment period, the rule shall be
12 considered acted upon.
13 (e) Council members shall be reimbursed for reasonable
14 travel expenses incurred during the performance of their
15 duties under this Section.
16 (f) The Department shall provide administrative support
17 to the Council for the preparation of the agenda and minutes
18 for Council meetings and distribution of proposed rules to
19 Council members.
20 (g) The Council shall act pursuant to bylaws which it
21 adopts, which shall include the annual election of a Chair
22 and Vice-Chair.
23 (h) The Director or his designee shall be present at all
24 Council meetings.
25 (i) Nothing in this Section shall preclude the Council
26 from reviewing and commenting on proposed rules which fall
27 under the purview of the State Trauma Advisory Council.
28 (Source: P.A. 89-177, eff. 7-19-95; revised 12-18-97.)
29 (210 ILCS 50/3.205)
30 Sec. 3.205. State Trauma Advisory Council.
31 (a) There shall be established within the Department of
32 Public Health a State Trauma Advisory Council, which shall
33 serve as an advisory body to the Department on matters
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1 related to trauma care and trauma centers.
2 (b) Membership of the Council shall include one
3 representative from each Regional Trauma Advisory Committee,
4 to be appointed by each Committee. The Governor shall
5 appoint the following additional members:
6 (1) An EMS Medical Director,
7 (2) A trauma center medical director,
8 (3) A trauma surgeon,
9 (4) A trauma nurse coordinator,
10 (5) A representative from a private vehicle service
11 provider,
12 (6) A representative from a public vehicle service
13 provider,
14 (7) A member of the State EMS Advisory Council.
15 (c) Of the members first appointed, 5 members shall be
16 appointed for a term of one year, 5 members shall be
17 appointed for a term of 2 years, and the remaining members
18 shall be appointed for a term of 3 years. The terms of
19 subsequent appointees shall be 3 years. All appointees shall
20 serve until their successors are appointed and qualified.
21 (d) The Council shall be provided a 90-day period in
22 which to review and comment upon all rules proposed by the
23 Department pursuant to this Act concerning trauma care,
24 except for emergency rules adopted pursuant to Section 5-45
25 5.02 of the Illinois Administrative Procedure Act. The
26 90-day review and comment period may commence upon the
27 Department's submission of the proposed rules to the
28 individual Council members, if the Council is not meeting at
29 the time the proposed rules are ready for Council review.
30 Any non-emergency rules adopted prior to the Council's 90-day
31 review and comment period shall be null and void. If the
32 Council fails to advise the Department within its 90-day
33 review and comment period, the rule shall be considered acted
34 upon;
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1 (e) Council members shall be reimbursed for reasonable
2 travel expenses incurred during the performance of their
3 duties under this Section.
4 (f) The Department shall provide administrative support
5 to the Council for the preparation of the agenda and minutes
6 for Council meetings and distribution of proposed rules to
7 Council members.
8 (g) The Council shall act pursuant to bylaws which it
9 adopts, which shall include the annual election of a Chair
10 and Vice-Chair.
11 (h) The Director or his designee shall be present at all
12 Council meetings.
13 (i) Nothing in this Section shall preclude the Council
14 from reviewing and commenting on proposed rules which fall
15 under the purview of the State EMS Advisory Council.
16 (Source: P.A. 89-177, eff. 7-19-95; revised 12-18-97.)
17 Section 97. The Supportive Residences Licensing Act is
18 amended by changing Section 55 as follows:
19 (210 ILCS 65/55) (from Ch. 111 1/2, par. 9055)
20 Sec. 55. Right to hearing.
21 (a) No license may be denied or revoked unless the
22 applicant or licensee is given written notice of the grounds
23 for the Department's action. The applicant or licensee may
24 appeal the Department's proposed action within 15 days after
25 receipt of the Department's written notice by making a
26 request to the Department for a hearing. Notice of the time,
27 place, and nature of the hearing shall be given to the
28 applicant or licensee not less than 2 weeks before the date
29 of the hearing. The hearing shall be conducted in accordance
30 with the Illinois Administrative Procedure Act. The Director
31 may appoint a hearing officer to preside at any
32 administrative hearing under this Act.
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1 (b) If the applicant or licensee does not submit a
2 request for hearing as provided for in this Section, or if
3 after conducting the hearing the Department determines that
4 the license should not be issued or that the license should
5 be revoked or denied, the Department shall issue an order to
6 that effect. If the order is to revoke the license, it shall
7 specify that the order takes effect upon receipt by the
8 licensee and that the Supportive Residence shall not operate
9 during the pendency of any proceeding for judicial review of
10 the Department's decision, except under court order.
11 (c) Final administrative decisions shall be subject to
12 judicial review exclusively as provided in the Administrative
13 Review Law, except that any petition for judicial review of
14 Department action under this Act shall be filed within 15
15 days after receipt of notice of the final agency
16 determination. The term "administrative decision" has the
17 meaning ascribed to it in Section 3-101 1 of the
18 Administrative Review Law. The court may stay enforcement of
19 the Department's final decision if a showing is made that
20 there is a substantial probability that the party seeking
21 review will prevail on the merits and will suffer irreparable
22 harm if the stay is not granted, and that the facility will
23 meet the requirements of this Act and its rules and
24 regulations during such stay.
25 (d) The Director or hearing officer may compel by
26 subpoena or subpoena duces tecum the attendance and testimony
27 of witnesses and the production of books and papers, and
28 administer oaths to witnesses. All subpoenas issued by the
29 Director or hearing officer may be served as provided for in
30 civil actions. The fees of witnesses for attendance and
31 travel shall be the same as the fees for witnesses before the
32 circuit court and shall be paid by the party to the
33 proceeding at whose request the subpoena is issued. If the
34 subpoena is issued at the request of the Department or by a
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1 person proceeding in forma pauperis, the witness fee shall be
2 paid by the Department as an administrative expense.
3 (e) The Department may charge any party to a hearing or
4 other person requesting copies of records or other documents
5 for a hearing the actual cost of reproducing those records or
6 other documents.
7 (Source: P.A. 87-840; revised 12-18-97.)
8 Section 98. The Hospital Licensing Act is amended by
9 changing Section 10.4 as follows:
10 (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
11 Sec. 10.4. Medical staff privileges.
12 (a) Any hospital licensed under this Act or any hospital
13 organized under the University of Illinois Hospital Act
14 shall, prior to the granting of any medical staff privileges
15 to an applicant, or renewing a current medical staff member's
16 privileges, request of the Director of Professional
17 Regulation information concerning the licensure status and
18 any disciplinary action taken against the applicant's or
19 medical staff member's license, except for medical personnel
20 who enter a hospital to obtain organs and tissues for
21 transplant from a deceased donor in accordance with the
22 Uniform Anatomical Gift Act. The Director of Professional
23 Regulation shall transmit, in writing and in a timely
24 fashion, such information regarding the license of the
25 applicant or the medical staff member, including the record
26 of imposition of any periods of supervision or monitoring as
27 a result of alcohol or substance abuse, as provided by
28 Section 23 of the Medical Practice Act of 1987, and such
29 information as may have been submitted to the Department
30 indicating that the application or medical staff member has
31 been denied, or has surrendered, medical staff privileges at
32 a hospital licensed under this Act, or any equivalent
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1 facility in another state or territory of the United States.
2 The Director of Professional Regulation shall define by rule
3 the period for timely response to such requests.
4 No transmittal of information by the Director of
5 Professional Regulation, under this Section shall be to other
6 than the president, chief operating officer, chief
7 administrative officer, or chief of the medical staff of a
8 hospital licensed under this Act, a hospital organized under
9 the University of Illinois Hospital Act, or a hospital
10 operated by the United States, or any of its
11 instrumentalities. The information so transmitted shall be
12 afforded the same status as is information concerning medical
13 studies by Part 21 of Article VIII of the Code of Civil
14 Procedure, as now or hereafter amended.
15 (b) All hospitals licensed under this Act, except county
16 hospitals as defined in subsection (c) of Section 15-1 of the
17 Illinois Public Aid Code, shall comply with, and the medical
18 staff bylaws of these hospitals shall include rules
19 consistent with, the provisions of this Section in granting,
20 limiting, renewing, or denying medical staff membership and
21 clinical staff privileges.
22 (1) Minimum procedures for initial applicants for
23 medical staff membership shall include the following:
24 (A) Written procedures relating to the
25 acceptance and processing of initial applicants for
26 medical staff membership.
27 (B) Written procedures to be followed in
28 determining an applicant's qualifications for being
29 granted medical staff membership and privileges.
30 (C) Written criteria to be followed in
31 evaluating an applicant's qualifications.
32 (D) An evaluation of an applicant's current
33 health status and current license status in
34 Illinois.
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1 (E) A written response to each applicant that
2 explains the reason or reasons for any adverse
3 decision (including all reasons based in whole or in
4 part on the applicant's medical qualifications or
5 any other basis, including economic factors).
6 (2) Minimum procedures with respect to medical
7 staff and clinical privilege determinations concerning
8 current members of the medical staff shall include the
9 following:
10 (A) A written notice of an adverse decision by
11 the hospital governing board.
12 (B) An explanation of the reasons for an
13 adverse decision including all reasons based on the
14 quality of medical care or any other basis,
15 including economic factors.
16 (C) A statement of the medical staff member's
17 right to request a fair hearing on the adverse
18 decision before a hearing panel whose membership is
19 mutually agreed upon by the medical staff and the
20 hospital governing board. The hearing panel shall
21 have independent authority to recommend action to
22 the hospital governing board. Upon the request of
23 the medical staff member or the hospital governing
24 board, the hearing panel shall make findings
25 concerning the nature of each basis for any adverse
26 decision recommended to and accepted by the hospital
27 governing board.
28 (i) Nothing in this subparagraph (C)
29 limits a hospital's or medical staff's right to
30 summarily suspend, without a prior hearing, a
31 person's medical staff membership or clinical
32 privileges if the continuation of practice of a
33 medical staff member constitutes an immediate
34 danger to the public, including patients,
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1 visitors, and hospital employees and staff. A
2 fair hearing shall be commenced within 15 days
3 after the suspension and completed without
4 delay.
5 (ii) Nothing in this subparagraph (C)
6 limits a medical staff's right to permit, in
7 the medical staff bylaws, summary suspension of
8 membership or clinical privileges in designated
9 administrative circumstances as specifically
10 approved by the medical staff. This bylaw
11 provision must specifically describe both the
12 administrative circumstance that can result in
13 a summary suspension and the length of the
14 summary suspension. The opportunity for a fair
15 hearing is required for any administrative
16 summary suspension. Any requested hearing must
17 be commenced within 15 days after the summary
18 suspension and completed without delay. Adverse
19 decisions other than suspension or other
20 restrictions on the treatment or admission of
21 patients may be imposed summarily and without a
22 hearing under designated administrative
23 circumstances as specifically provided for in
24 the medical staff bylaws as approved by the
25 medical staff.
26 (iii) If a hospital exercises its option
27 to enter into an exclusive contract and that
28 contract results in the total or partial
29 termination or reduction of medical staff
30 membership or clinical privileges of a current
31 medical staff member, the hospital shall
32 provide the affected medical staff member 60
33 days prior notice of the effect on his or her
34 medical staff membership or privileges. An
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1 affected medical staff member desiring a
2 hearing under subparagraph (C) of this
3 paragraph (2) must request the hearing within
4 14 days after the date he or she is so
5 notified. The requested hearing shall be
6 commenced and completed (with a report and
7 recommendation to the affected medical staff
8 member, hospital governing board, and medical
9 staff) within 30 days after the date of the
10 medical staff member's request. If agreed upon
11 by both the medical staff and the hospital
12 governing board, the medical staff bylaws may
13 provide for longer time periods.
14 (D) A statement of the member's right to
15 inspect all pertinent information in the hospital's
16 possession with respect to the decision.
17 (E) A statement of the member's right to
18 present witnesses and other evidence at the hearing
19 on the decision.
20 (F) A written notice and written explanation
21 of the decision resulting from the hearing.
22 (G) Notice given 15 days before implementation
23 of an adverse medical staff membership or clinical
24 privileges decision based substantially on economic
25 factors. This notice shall be given after the
26 medical staff member exhausts all applicable
27 procedures under this Section, including item (iii)
28 of subparagraph (C) of this paragraph (2), and under
29 the medical staff bylaws in order to allow
30 sufficient time for the orderly provision of patient
31 care.
32 (H) Nothing in this paragraph (2) of this
33 subsection (b) limits a medical staff member's right
34 to waive, in writing, the rights provided in
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1 subparagraphs (A) through (G) of this paragraph (2)
2 of this subsection (b) upon being granted the
3 written exclusive right to provide particular
4 services at a hospital, either individually or as a
5 member of a group. If an exclusive contract is
6 signed by a representative of a group of physicians,
7 a waiver contained in the contract shall apply to
8 all members of the group unless stated otherwise in
9 the contract.
10 (3) Every adverse medical staff membership and
11 clinical privilege decision based substantially on
12 economic factors shall be reported to the Hospital
13 Licensing Board before the decision takes effect. These
14 reports shall not be disclosed in any form that reveals
15 the identity of any hospital or physician. These reports
16 shall be utilized to study the effects that hospital
17 medical staff membership and clinical privilege decisions
18 based upon economic factors have on access to care and
19 the availability of physician services. The Hospital
20 Licensing Board shall submit an initial study to the
21 Governor and the General Assembly by January 1, 1996, and
22 subsequent reports shall be submitted periodically
23 thereafter.
24 (4) As used in this Section:
25 "Adverse decision" means a decision reducing,
26 restricting, suspending, revoking, denying, or not
27 renewing medical staff membership or clinical privileges.
28 "Economic factor" means any information or reasons
29 for decisions unrelated to quality of care or
30 professional competency.
31 "Privilege" means permission to provide medical or
32 other patient care services and permission to use
33 hospital resources, including equipment, facilities and
34 personnel that are necessary to effectively provide
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1 medical or other patient care services. This definition
2 shall not be construed to require a hospital to acquire
3 additional equipment, facilities, or personnel to
4 accommodate the granting of privileges.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-149, eff. 1-1-98;
6 revised 11-14-97.)
7 Section 99. The Language Assistance Services Act is
8 amended by changing Section 15 as follows:
9 (210 ILCS 87/15)
10 Sec. 15. Language assistance services authorized. To
11 insure access to health care information and services for
12 limited-English-speaking or non-English-speaking residents
13 and deaf residents, a health facility may do one or more of
14 the following:
15 (1) Review existing policies regarding interpreters for
16 patients with limited English proficiency and for patients
17 who are deaf, including the availability of staff to act as
18 interpreters.
19 (2) Adopt and review annually a policy for providing
20 language assistance services to patients with language or
21 communication barriers. The policy shall include procedures
22 for providing, to the extent possible as determined by the
23 facility, the use of an interpreter whenever a language or
24 communication barrier exists, except where the patient, after
25 being informed of the availability of the interpreter
26 service, chooses to use a family member or friend who
27 volunteers to interpret. The procedures shall be designed to
28 maximize efficient use of interpreters and minimize delays in
29 providing interpreters to patients. The procedures shall
30 insure, to the extent possible as determined by the facility,
31 that interpreters are available, either on the premises or
32 accessible by telephone, 24 hours a day. The facility shall
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1 annually transmit to the Department of Public Health a copy
2 of the updated policy and shall include a description of the
3 facility's efforts to insure adequate and speedy
4 communication between patients with language or communication
5 barriers and staff.
6 (3) Develop, and post in conspicuous locations, notices
7 that advise patients and their families of the availability
8 of interpreters, the procedure for obtaining an interpreter,
9 and the telephone numbers to call for filing complaints
10 concerning interpreter service problems, including, but not
11 limited to, a T.D.D. number for the hearing impaired. The
12 notices shall be posted, at a minimum, in the emergency room,
13 the admitting area, the facility entrance, and the outpatient
14 area. Notices shall inform patients that interpreter
15 services are available on request, shall list the languages
16 for which interpreter services are available, and shall
17 instruct patients to direct complaints regarding interpreter
18 services to the Department of Public Health, including the
19 telephone numbers to call for that purpose purposes.
20 (4) Identify and record a patient's primary language and
21 dialect on one or more of the following: a patient medical
22 chart, hospital bracelet, bedside notice, or nursing card.
23 (5) Prepare and maintain, as needed, a list of
24 interpreters who have been identified as proficient in sign
25 language and in the languages of the population of the
26 geographical area served by the facility who have the ability
27 to translate the names of body parts, injuries, and symptoms.
28 (6) Notify the facility's employees of the facility's
29 commitment to provide interpreters to all patients who
30 request them.
31 (7) Review all standardized written forms, waivers,
32 documents, and informational materials available to patients
33 on admission to determine which to translate into languages
34 other than English.
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1 (8) Consider providing its nonbilingual staff with
2 standardized picture and phrase sheets for use in routine
3 communications with patients who have language or
4 communication barriers.
5 (9) Develop community liaison groups to enable the
6 facility and the limited-English-speaking,
7 non-English-speaking, and deaf communities to insure the
8 adequacy of the interpreter services.
9 (Source: P.A. 88-244; revised 12-18-97.)
10 Section 100. The Illinois Insurance Code is amended by
11 changing Sections 74, 109, 131.20a, 132.2, 149, 229.4.
12 245.21, 355a, 367.3, 367h, 370h, 499.1, 509.1, 513a2, 810.1,
13 817.1, and 1003 and setting forth and renumbering multiple
14 versions of Sections 155.31 and 356t as follows:
15 (215 ILCS 5/74) (from Ch. 73, par. 686)
16 Sec. 74. Deposit. (1) Each domestic reciprocal subject to
17 the provisions of this Article shall make and maintain with
18 the Director, for the protection of all creditors,
19 policyholders and policy obligations of the such reciprocal,
20 a deposit of securities that which are authorized investments
21 under Section 126.11A(1), 126.11A(2), 126.24A(1), or
22 126.24A(2), having a fair market value equal to the surplus
23 required to be maintained under Section 66.
24 (Source: P.A. 90-418, eff. 8-15-97; revised 10-29-97.)
25 (215 ILCS 5/109) (from Ch. 73, par. 721)
26 Sec. 109. Application for certificate of authority.
27 (1) A foreign or alien company in order to procure a
28 certificate of authority to transact business in this State
29 shall make application therefor to the Director. The
30 application shall set forth:
31 (a) the name of the company, and the state or
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1 country under the laws of which it is organized or
2 authorized;
3 (b) the title of the Act under or by which it was
4 incorporated or organized, the date of its incorporation
5 or organization and, if a corporation, the period of its
6 duration;
7 (c) the class or classes of insurance business, as
8 provided in Section 4, in which it proposes to engage in
9 this State, and the kinds of insurances in each class it
10 proposes to write in this State;
11 (d) if a life company, that it is not engaged in
12 any state in practices which, if engaged in in this
13 State, would constitute a violation of Section 237;
14 (e) whether or not it was authorized to transact
15 business in this State during any part of the 3-year
16 three year period prior to its application, and, if so,
17 for what period;
18 (f) whether or not it survives or was formed by a
19 merger, consolidation, reorganization, or reincorporation
20 effected within 3 three years prior to its application,
21 and, if so, whether and for what period or periods any of
22 the companies that are parties to the such merger,
23 consolidation, reorganization, or reincorporation were
24 authorized to transact business in this State within the
25 3-year three year period prior to its application; and
26 (g) such additional information as the Director may
27 require to enable the Director him to determine whether
28 the such company is entitled to a certificate of
29 authority to transact business in this State and to
30 determine and assess the taxes, fees and charges payable
31 as in this Code prescribed.
32 (2) Such application shall be made on forms prescribed
33 and furnished by the Director and shall be executed by the
34 company by its president or a vice-president or executive
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1 officer corresponding thereto, and verified by such officer,
2 and if a corporation, the corporate seal shall be thereto
3 affixed, attested by its secretary or other proper officer.
4 (Source: Laws 1937, p. 696; revised 6-27-97.)
5 (215 ILCS 5/131.20a) (from Ch. 73, par. 743.20a)
6 Sec. 131.20a. Prior notification of transactions;
7 dividends and distributions.
8 (1) (a) The following transactions between a domestic
9 company and any person in its holding company system may not
10 be entered into unless the company has notified the Director
11 in writing of its intention to enter into such transaction at
12 least 30 days prior thereto, or such shorter period as the
13 Director may permit, and the Director has not disapproved it
14 within such period:
15 (i) Sales, purchases, exchanges of assets, loans or
16 extensions of credit, guarantees, investments, or any
17 other transaction involving the transfer of assets from
18 or liabilities to a company equal to or exceeding the
19 lesser of 3% of the company's admitted assets or 25% of
20 its surplus as regards policyholders as of the 31st day
21 of December next preceding.
22 (ii) Loans or extensions of credit to any person
23 that is not an affiliate which involve the lesser of 3%
24 of the company's admitted assets or 25% of the company's
25 surplus, each as of the 31st day of December next
26 preceding, made with the agreement or understanding that
27 the proceeds of such transactions, in whole or in
28 substantial part, are to be used to make loans or
29 extensions of credit to, to purchase assets of, or to
30 make investments in, any affiliate of the company making
31 such loans or extensions of credit.
32 (iii) Reinsurance agreements or modifications
33 thereto, including those agreements that may require as
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1 consideration the transfer of assets from an insurer to a
2 nonaffiliate, if an agreement or understanding exists
3 between the insurer and nonaffiliate that any portion of
4 those assets will be transferred to one or more
5 affiliates of the insurer.
6 (iv) All management agreements, service contracts,
7 cost-sharing arrangements, and any other contracts
8 providing for the rendering of services on a regular
9 systematic basis.
10 (v) Any series of the previously described
11 transactions that are substantially similar to each
12 other, that take place within any 180 day period, and
13 that in total are equal to or exceed the lesser of 3% of
14 the domestic insurer's admitted assets or 25% of its
15 policyholders surplus, as of the 31st day of the December
16 next preceding.
17 (vi) Any other material transaction that the
18 Director by rule determines might render the company's
19 surplus as regards policyholders unreasonable in relation
20 to the company's outstanding liabilities and inadequate
21 to its financial needs or may otherwise adversely affect
22 the interests of the company's policyholders or
23 shareholders.
24 Nothing herein contained shall be deemed to authorize or
25 permit any transactions that, in the case of an insurer not a
26 member of the same holding company system, would be otherwise
27 contrary to law.
28 (b) Any transaction or contract otherwise described in
29 paragraph (a) of this subsection that is between a domestic
30 insurer and any person that is not its affiliate and that
31 precedes or follows within 180 days or is concurrent with a
32 similar transaction between that nonaffiliate and an
33 affiliate of the domestic company and that involves amounts
34 that are equal to or exceed the lesser of 3% of the domestic
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1 insurer's admitted assets or 25% of its surplus as regards
2 policyholders at the end of the prior year may not be entered
3 into unless the company has notified the Director in writing
4 of its intention to enter into the transaction at least 30
5 days prior thereto or such shorter period as the Director may
6 permit, and the Director has not disapproved it within such
7 period.
8 (c) A company may not enter into transactions which are
9 part of a plan or series of like transactions with any person
10 within the holding company system if the purpose of those
11 separate transactions is to avoid the statutory threshold
12 amount and thus avoid the review that would occur otherwise.
13 If the Director determines that such separate transactions
14 were entered into for such purpose, he may exercise his
15 authority under subsection (2) of Section 131.24.
16 (d) The Director, in reviewing transactions pursuant to
17 paragraph (a), shall consider whether the transactions comply
18 with the standards set forth in Section 131.20 and whether
19 they may adversely affect the interests of policyholders.
20 (e) The Director shall be notified within 30 days of any
21 investment of the domestic insurer in any one corporation if
22 the total investment in that corporation by the insurance
23 holding company system exceeds 10% of that corporation's
24 voting securities.
25 (f) Except for those transactions transaction subject to
26 approval under other Sections of this Code, any such
27 transaction or agreements which are not disapproved by the
28 Director may be effective as of the date set forth in the
29 notice required under this Section.
30 (g) If a domestic insurer enters into a transaction
31 described in this subsection without having given the
32 required notification, the Director may cause the insurer to
33 pay a civil forfeiture of not more than $250,000. Each
34 transaction so entered shall be considered a separate
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1 offense.
2 (2) No domestic company subject to registration under
3 Section 131.13 may pay any extraordinary dividend or make any
4 other extraordinary distribution to its securityholders
5 until: (a) 30 days after the Director has received notice of
6 the declaration thereof and has not within such period
7 disapproved the payment, or (b) the Director approves such
8 payment within the 30-day period. For purposes of this
9 subsection, an extraordinary dividend or distribution is any
10 dividend or distribution of cash or other property whose fair
11 market value, together with that of other dividends or
12 distributions, made within the period of 12 consecutive
13 months ending on the date on which the proposed dividend is
14 scheduled for payment or distribution exceeds the greater of:
15 (a) 10% of the company's surplus as regards policyholders as
16 of the 31st day of December next preceding, or (b) the net
17 income of the company for the 12-month period ending the 31st
18 day of December next preceding, but does not include pro rata
19 distributions of any class of the company's own securities.
20 Notwithstanding any other provision of law, the company
21 may declare an extraordinary dividend or distribution which
22 is conditional upon the Director's approval, and such a
23 declaration confers no rights upon security holders until:
24 (a) the Director has approved the payment of the dividend or
25 distribution, or (b) the Director has not disapproved the
26 payment within the 30-day period referred to above.
27 (Source: P.A. 88-364; revised 12-18-97.)
28 (215 ILCS 5/132.2) (from Ch. 73, par. 744.2)
29 Sec. 132.2. Definitions. As used in Sections 132.1
30 through 132.7, the terms set forth in this Section have the
31 following meanings:
32 "Company" means any person engaging in or proposing or
33 attempting to engage in any transaction or kind of insurance
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1 or surety business and any person or group of persons who may
2 otherwise be subject to the administrative, regulatory, or
3 taxing authority of the Director.
4 "Examiner" means any individual or firm having been
5 authorized by the Director to conduct an examination under
6 this Code.
7 "Insurer" means any company licensed or authorized by the
8 Director to provide any insurance contracts, whether by
9 indemnity, guaranty, suretyship, or otherwise; including, but
10 not limited to, those companies licensed or authorized by the
11 Director under the following Acts:
12 (1) The Voluntary Health Services Plans Act.
13 (2) (Blank). The Vision Service Plan Act.
14 (3) The Dental Service Plan Act.
15 (4) (Blank).
16 (5) The Farm Mutual Insurance Company Act of 1986.
17 (6) The Limited Health Service Organization Act.
18 (7) The Health Maintenance Organization Act.
19 "Person" means any individual, aggregation of
20 individuals, trust, association, partnership, or corporation,
21 or any affiliate thereof.
22 (Source: P.A. 87-108; 90-372, eff. 7-1-98; revised 11-21-97.)
23 (215 ILCS 5/149) (from Ch. 73, par. 761)
24 Sec. 149. Misrepresentation and defamation prohibited.
25 (1) No company doing business in this State, and no
26 officer, director, agent, clerk or employee thereof, broker,
27 or any other person, shall make, issue or circulate or cause
28 or knowingly permit to be made, issued or circulated any
29 estimate, illustration, circular, or verbal or written
30 statement of any sort misrepresenting the terms of any policy
31 issued or to be issued by it or any other company or the
32 benefits or advantages promised thereby or any misleading
33 estimate of the dividends or share of the surplus to be
-626- LRB9000999EGfgam01
1 received thereon, or shall by the use of any name or title of
2 any policy or class of policies misrepresent the nature
3 thereof.
4 (2) No such company or officer, director, agent, clerk
5 or employee thereof, or broker shall make any misleading
6 representation or comparison of companies or policies, to any
7 person insured in any company for the purpose of inducing or
8 tending to induce a policyholder in any company to lapse,
9 forfeit, change or surrender his insurance, whether on a
10 temporary or permanent plan.
11 (3) No such company, officer, director, agent, clerk or
12 employee thereof, broker or other person shall make, issue or
13 circulate or cause or knowingly permit to be made, issued or
14 circulated any pamphlet, circular, article, literature or
15 verbal or written statement of any kind which contains any
16 false or malicious statement calculated to injure any company
17 doing business in this State in its reputation or business.
18 (4) No such company, or officer, director, agent, clerk
19 or employee thereof, no agent, broker, solicitor, or company
20 service representative, and no other person, firm,
21 corporation, or association of any kind or character, shall
22 make, issue, circulate, use, or utter, or cause or knowingly
23 permit to be made, issued, circulated, used, or uttered, any
24 policy or certificate of insurance, or endorsement or rider
25 thereto, or matter incorporated therein by reference, or
26 application blanks, or any stationery, pamphlet, circular,
27 article, literature, advertisement or advertising of any kind
28 or character, visual, or aural, including radio advertising
29 and television advertising, or any other verbal or written
30 statement or utterance (a) which tends to create the
31 impression or from which it may be implied or inferred,
32 directly or indirectly, that the company, its financial
33 condition or status, or the payment of its claims, or the
34 merits, desirability, or advisability of its policy forms or
-627- LRB9000999EGfgam01
1 kinds or plans of insurance are approved, endorsed, or
2 guaranteed by the State of Illinois or United States
3 Government or the Director or the Department or are secured
4 by Government bonds or are secured by a deposit with the
5 Director, or (b) which uses or refers to any deposit with the
6 Director or any certificate of deposit issued by the Director
7 or any facsimile, reprint, photograph, photostat, or other
8 reproduction of any such certificate of deposit.
9 (5) Any company, officer, director, agent, clerk or
10 employee thereof, broker, or other person who violates any of
11 the provisions of this Section, or knowingly participates in
12 or abets such violation, is shall guilty of a business
13 offense and shall be be required to pay a penalty of not less
14 than $100 one hundred dollars, nor more than $5,000 five
15 thousand dollars, to be recovered in the name of the People
16 of the State of Illinois either by the Attorney General or by
17 the State's Attorney of the county in which the violation
18 occurs. and The penalty so recovered shall be paid into the
19 county treasury if recovered by the State's Attorney or into
20 the State treasury if recovered by the Attorney General.
21 (6) No company shall be held guilty of having violated
22 any of the provisions of this Section by reason of the act of
23 any agent, solicitor or employee, not an officer, director or
24 department head thereof, unless an officer, director or
25 department head of such company shall have knowingly
26 permitted such act or shall have had prior knowledge thereof.
27 (7) Any person, association, organization, partnership,
28 business trust or corporation not authorized to transact an
29 insurance business in this State which disseminates in or
30 causes to be disseminated in this State any advertising,
31 invitations to inquire, questionnaires or requests for
32 information designed to result in a solicitation for the
33 purchase of insurance by residents of this State is also
34 subject to the sanctions of this Section. The phrase:
-628- LRB9000999EGfgam01
1 "designed to result in a solicitation for the purchase of
2 insurance" includes but is not limited to:
3 (a) the use of any form or document which provides
4 either generalized or specific information or
5 recommendations regardless of the insurance needs of the
6 recipient or the availability of any insurance policy or
7 plan; or
8 (b) any offer to provide such information or
9 recommendation upon subsequent contacts or solicitation
10 either by the entity generating the material or some
11 other person; or
12 (c) the use of a coupon, reply card or request to
13 write for further information; or
14 (d) the use of an application for insurance or an
15 offer to provide insurance coverage for any purpose; or
16 (e) the use of any material which, regardless of
17 the form and content used or the information imparted, is
18 intended to result, in the generation of leads for
19 further solicitations or the preparation of a mailing
20 list which can be sold to others for such purpose.
21 (Source: P.A. 85-1186; revised 6-27-97.)
22 (215 ILCS 5/155.31)
23 Sec. 155.31. Day care and group day care homes;
24 coverage.
25 (a) No insurer providing insurance coverage, as defined
26 in subsection (b) of Section 143.13 of this Code, shall
27 nonrenew or cancel an insurance policy on a day care home or
28 group day care home, as defined in the Child Care Act of
29 1969, solely on the basis that the insured operates a duly
30 licensed day care home or group day care home on the insured
31 premises.
32 (b) An insurer providing such insurance coverage to a
33 licensed day care home or licensed group day care home may
-629- LRB9000999EGfgam01
1 provide such coverage with a separate policy or endorsement
2 to a policy of fire and extended coverage insurance, as
3 defined in subsection (b) of Section 143.13.
4 (c) Notwithstanding subsections (a) and (b) of this
5 Section, the insurer providing such coverage shall be allowed
6 to cancel or nonrenew an insurance policy on a day care home
7 or group day care home based upon the authority provided
8 under Sections 143.21 and 143.21.1 of this Code.
9 (Source: P.A. 90-401, eff. 1-1-98.)
10 (215 ILCS 5/155.33)
11 Sec. 155.33. 155.31. Illinois Health Insurance
12 Portability and Accountability Act. The provisions of this
13 Code are subject to the Illinois Health Insurance Portability
14 and Accountability Act as provided in Section 15 of that Act.
15 (Source: P.A. 90-30, eff. 7-1-97; revised 10-7-97.)
16 (215 ILCS 5/155.34)
17 Sec. 155.34. 155.31. Structured settlements.
18 (a) No insurance company may make payments on a
19 structured settlement of a claim for personal injury to
20 anyone other than the beneficiary of the settlement without
21 prior approval of the circuit court of the county where an
22 action was or could have been maintained.
23 (b) No person who is the beneficiary of a structured
24 settlement of a claim for personal injury may assign in any
25 manner the payments of the settlement without prior approval
26 of the circuit court of the county where an action was or
27 could have been maintained.
28 (Source: P.A. 90-303, eff. 1-1-98; revised 10-7-97.)
29 (215 ILCS 5/155.35)
30 Sec. 155.35. 155.31. Insurance compliance
31 self-evaluative privilege.
-630- LRB9000999EGfgam01
1 (a) To encourage insurance companies and persons
2 conducting activities regulated under this Code, both to
3 conduct voluntary internal audits of their compliance
4 programs and management systems and to assess and improve
5 compliance with State and federal statutes, rules, and
6 orders, an insurance compliance self-evaluative privilege is
7 recognized to protect the confidentiality of communications
8 relating to voluntary internal compliance audits. The
9 General Assembly hereby finds and declares that protection of
10 insurance consumers is enhanced by companies' voluntary
11 compliance with this State's insurance and other laws and
12 that the public will benefit from incentives to identify and
13 remedy insurance and other compliance issues. It is further
14 declared that limited expansion of the protection against
15 disclosure will encourage voluntary compliance and improve
16 insurance market conduct quality and that the voluntary
17 provisions of this Section will not inhibit the exercise of
18 the regulatory authority by those entrusted with protecting
19 insurance consumers.
20 (b)(1) An insurance compliance self-evaluative audit
21 document is privileged information and is not admissible as
22 evidence in any legal action in any civil, criminal, or
23 administrative proceeding, except as provided in subsections
24 (c) and (d) of this Section. Documents, communications,
25 data, reports, or other information created as a result of a
26 claim involving personal injury or workers' compensation made
27 against an insurance policy are not insurance compliance
28 self-evaluative audit documents and are admissible as
29 evidence in civil proceedings as otherwise provided by
30 applicable rules of evidence or civil procedure, subject to
31 any applicable statutory or common law privilege, including
32 but not limited to the work product doctrine, the
33 attorney-client privilege, or the subsequent remedial
34 measures exclusion.
-631- LRB9000999EGfgam01
1 (2) If any company, person, or entity performs or
2 directs the performance of an insurance compliance audit, an
3 officer or employee involved with the insurance compliance
4 audit, or any consultant who is hired for the purpose of
5 performing the insurance compliance audit, may not be
6 examined in any civil, criminal, or administrative proceeding
7 as to the insurance compliance audit or any insurance
8 compliance self-evaluative audit document, as defined in this
9 Section. This subsection (b)(2) does not apply if the
10 privilege set forth in subsection (b)(1) of this Section is
11 determined under subsection (c) or (d) not to apply.
12 (3) A company may voluntarily submit, in connection with
13 examinations conducted under this Article, an insurance
14 compliance self-evaluative audit document to the Director, or
15 his or her designee, as a confidential document under
16 subsection (f) of Section 132.5 of this Code without waiving
17 the privilege set forth in this Section to which the company
18 would otherwise be entitled; provided, however, that the
19 provisions in subsection (f) of Section 132.5 permitting the
20 Director to make confidential documents public pursuant to
21 subsection (e) of Section 132.5 and access to the National
22 Association of Insurance Commissioners shall not apply to the
23 insurance compliance self-evaluative audit document so
24 voluntarily submitted. Nothing contained in this subsection
25 shall give the Director any authority to compel a company to
26 disclose involuntarily or otherwise provide an insurance
27 compliance self-evaluative audit document.
28 (c)(1) The privilege set forth in subsection (b) of this
29 Section does not apply to the extent that it is expressly
30 waived by the company that prepared or caused to be prepared
31 the insurance compliance self-evaluative audit document.
32 (2) In a civil or administrative proceeding, a court of
33 record may, after an in camera review, require disclosure of
34 material for which the privilege set forth in subsection (b)
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1 of this Section is asserted, if the court determines one of
2 the following:
3 (A) the privilege is asserted for a fraudulent
4 purpose;
5 (B) the material is not subject to the privilege;
6 or
7 (C) even if subject to the privilege, the material
8 shows evidence of noncompliance with State and federal
9 statutes, rules and orders and the company failed to
10 undertake reasonable corrective action or eliminate the
11 noncompliance within a reasonable time.
12 (3) In a criminal proceeding, a court of record may,
13 after an in camera review, require disclosure of material for
14 which the privilege described in subsection (b) of this
15 Section is asserted, if the court determines one of the
16 following:
17 (A) the privilege is asserted for a fraudulent
18 purpose;
19 (B) the material is not subject to the privilege;
20 (C) even if subject to the privilege, the material
21 shows evidence of noncompliance with State and federal
22 statutes, rules and orders and the company failed to
23 undertake reasonable corrective action or eliminate such
24 noncompliance within a reasonable time; or
25 (D) the material contains evidence relevant to
26 commission of a criminal offense under this Code, and all
27 of the following factors are present:
28 (i) the Director, State's Attorney, or
29 Attorney General has a compelling need for the
30 information;
31 (ii) the information is not otherwise
32 available; and
33 (iii) the Director, State's Attorney, or
34 Attorney General is unable to obtain the substantial
-633- LRB9000999EGfgam01
1 equivalent of the information by any means without
2 incurring unreasonable cost and delay.
3 (d)(1) Within 30 days after the Director, State's
4 Attorney, or Attorney General makes a written request by
5 certified mail for disclosure of an insurance compliance
6 self-evaluative audit document under this subsection, the
7 company that prepared or caused the document to be prepared
8 may file with the appropriate court a petition requesting an
9 in camera hearing on whether the insurance compliance
10 self-evaluative audit document or portions of the document
11 are privileged under this Section or subject to disclosure.
12 The court has jurisdiction over a petition filed by a company
13 under this subsection requesting an in camera hearing on
14 whether the insurance compliance self-evaluative audit
15 document or portions of the document are privileged or
16 subject to disclosure. Failure by the company to file a
17 petition waives the privilege.
18 (2) A company asserting the insurance compliance
19 self-evaluative privilege in response to a request for
20 disclosure under this subsection shall include in its request
21 for an in camera hearing all of the information set forth in
22 subsection (d)(5) of this Section.
23 (3) Upon the filing of a petition under this subsection,
24 the court shall issue an order scheduling, within 45 days
25 after the filing of the petition, an in camera hearing to
26 determine whether the insurance compliance self-evaluative
27 audit document or portions of the document are privileged
28 under this Section or subject to disclosure.
29 (4) The court, after an in camera review, may require
30 disclosure of material for which the privilege in subsection
31 (b) of this Section is asserted if the court determines,
32 based upon its in camera review, that any one of the
33 conditions set forth in subsection (c)(2)(A) through (C) is
34 applicable as to a civil or administrative proceeding or that
-634- LRB9000999EGfgam01
1 any one of the conditions set forth in subsection (c)(3)(A)
2 through (D) is applicable as to a criminal proceeding. Upon
3 making such a determination, the court may only compel the
4 disclosure of those portions of an insurance compliance
5 self-evaluative audit document relevant to issues in dispute
6 in the underlying proceeding. Any compelled disclosure will
7 not be considered to be a public document or be deemed to be
8 a waiver of the privilege for any other civil, criminal, or
9 administrative proceeding. A party unsuccessfully opposing
10 disclosure may apply to the court for an appropriate order
11 protecting the document from further disclosure.
12 (5) A company asserting the insurance compliance
13 self-evaluative privilege in response to a request for
14 disclosure under this subsection (d) shall provide to the
15 Director, State's Attorney, or Attorney General, as the case
16 may be, at the time of filing any objection to the
17 disclosure, all of the following information:
18 (A) The date of the insurance compliance
19 self-evaluative audit document.
20 (B) The identity of the entity conducting the
21 audit.
22 (C) The general nature of the activities covered by
23 the insurance compliance audit.
24 (D) An identification of the portions of the
25 insurance compliance self-evaluative audit document for
26 which the privilege is being asserted.
27 (e) (1) A company asserting the insurance compliance
28 self-evaluative privilege set forth in subsection (b) of this
29 Section has the burden of demonstrating the applicability of
30 the privilege. Once a company has established the
31 applicability of the privilege, a party seeking disclosure
32 under subsections (c)(2)(A) or (C) of this Section has the
33 burden of proving that the privilege is asserted for a
34 fraudulent purpose or that the company failed to undertake
-635- LRB9000999EGfgam01
1 reasonable corrective action or eliminate the noncompliance
2 with a reasonable time. The Director, State's Attorney, or
3 Attorney General seeking disclosure under subsection (c)(3)
4 of this Section has the burden of proving the elements set
5 forth in subsection (c)(3) of this Section.
6 (2) The parties may at any time stipulate in proceedings
7 under subsections (c) or (d) of this Section to entry of an
8 order directing that specific information contained in an
9 insurance compliance self-evaluative audit document is or is
10 not subject to the privilege provided under subsection (b) of
11 this Section.
12 (f) The privilege set forth in subsection (b) of this
13 Section shall not extend to any of the following:
14 (1) documents, communications, data, reports, or
15 other information required to be collected, developed,
16 maintained, reported, or otherwise made available to a
17 regulatory agency pursuant to this Code, or other federal
18 or State law, rule, or order;
19 (2) information obtained by observation or
20 monitoring by any regulatory agency; or
21 (3) information obtained from a source independent
22 of the insurance compliance audit.
23 (g) As used in this Section:
24 (1) "Insurance compliance audit" means a voluntary,
25 internal evaluation, review, assessment, or audit not
26 otherwise expressly required by law of a company or an
27 activity regulated under this Code, or other State or
28 federal law applicable to a company, or of management
29 systems related to the company or activity, that is
30 designed to identify and prevent noncompliance and to
31 improve compliance with those statutes, rules, or orders.
32 An insurance compliance audit may be conducted by the
33 company, its employees, or by independent contractors.
34 (2) "Insurance compliance self-evaluative audit
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1 document" means documents prepared as a result of or in
2 connection with and not prior to an insurance compliance
3 audit. An insurance compliance self-evaluation audit
4 document may include a written response to the findings
5 of an insurance compliance audit. An insurance
6 compliance self-evaluative audit document may include,
7 but is not limited to, as applicable, field notes and
8 records of observations, findings, opinions, suggestions,
9 conclusions, drafts, memoranda, drawings, photographs,
10 computer-generated or electronically recorded
11 information, phone records, maps, charts, graphs, and
12 surveys, provided this supporting information is
13 collected or developed for the primary purpose and in the
14 course of an insurance compliance audit. An insurance
15 compliance self-evaluative audit document may also
16 include any of the following:
17 (A) an insurance compliance audit report
18 prepared by an auditor, who may be an employee of
19 the company or an independent contractor, which may
20 include the scope of the audit, the information
21 gained in the audit, and conclusions and
22 recommendations, with exhibits and appendices;
23 (B) memoranda and documents analyzing portions
24 or all of the insurance compliance audit report and
25 discussing potential implementation issues;
26 (C) an implementation plan that addresses
27 correcting past noncompliance, improving current
28 compliance, and preventing future noncompliance; or
29 (D) analytic data generated in the course of
30 conducting the insurance compliance audit.
31 (3) "Company" has the same meaning as provided in
32 Section 2 of this Code.
33 (h) Nothing in this Section shall limit, waive, or
34 abrogate the scope or nature of any statutory or common law
-637- LRB9000999EGfgam01
1 privilege including, but not limited to, the work product
2 doctrine, the attorney-client privilege, or the subsequent
3 remedial measures exclusion.
4 (Source: P.A. 90-499, eff. 8-19-97; revised 10-9-97.)
5 (215 ILCS 5/229.4) (from Ch. 73, par. 841.4)
6 Sec. 229.4. Standard Non-forfeiture Law for Individual
7 Deferred Annuities.)
8 (1) No contract of annuity issued on or after the
9 operative date of this Section except as stated in subsection
10 11 shall be delivered or issued for delivery in this State
11 unless it contains in substance the following provisions or
12 corresponding provisions which in the opinion of the Director
13 are at least as favorable to the contract holder upon
14 cessation of payment of considerations under the contract:.
15 (a) That upon cessation of payment of
16 considerations under a contract, the company will grant a
17 paid-up annuity benefit on a plan stipulated in the
18 contract of such value as is specified in subsections
19 (3), (4), (5), (6) and (8).
20 (b) If a contract provides for a lump sum
21 settlement at maturity, or at any other time, that upon
22 surrender of the contract at or prior to the commencement
23 of any annuity payments, the company will pay in lieu of
24 any paid-up annuity benefit a cash surrender benefit of
25 such amount as is specified in subsections (3), (4), (6)
26 and (8). The company shall reserve the right to defer
27 the payment of such cash surrender benefit for a period
28 of 6 months after demand therefor with surrender of the
29 contract.
30 (c) A statement of the mortality table, if any, and
31 interest rates used in calculating any minimum paid-up
32 annuity, cash surrender or death benefits that are
33 guaranteed under the contract, together with sufficient
-638- LRB9000999EGfgam01
1 information to determine the amount of such benefits.
2 (d) A statement that any paid-up annuity, cash
3 surrender or death benefits that may be available under
4 the contract are not less than the minimum benefits
5 required by any statute of the state in which the
6 contract is delivered and an explanation of the manner in
7 which such benefits are altered by the existence of any
8 additional amounts credited by the company to the
9 contract, any indebtedness to the company on the contract
10 or any prior withdrawals from or partial surrenders of
11 the contract.
12 Notwithstanding the requirements of this subsection, any
13 deferred annuity contract may provide that if no
14 considerations have been received under a contract for a
15 period of 2 full years and the portion of the paid-up annuity
16 benefit at maturity on the plan stipulated in the contract
17 arising from considerations paid prior to such period would
18 be less than $20.00 monthly, the company may at its option
19 terminate such contract by payment in cash of the the present
20 value of such portion of the paid-up annuity benefit,
21 calculated on the basis of the mortality table, if any, and
22 interest rate specified in the contract for determining the
23 paid-up annuity benefit, and by such payment shall be
24 relieved of any further obligation under such contract.
25 (2) The minimum values as specified in subsections (3),
26 (4), (5), (6) and (8) of any paid-up annuity, cash surrender
27 or death benefits available under an annuity contract shall
28 be based upon minimum nonforfeiture amounts as defined in
29 this subsection.
30 (a) With respect to contracts providing for
31 flexible considerations, the minimum nonforfeiture amount
32 at any time at or prior to the commencement of any
33 annuity payments shall be equal to an accumulation up to
34 such time at a rate of interest of 3% per annum of
-639- LRB9000999EGfgam01
1 percentages of the net considerations, as hereinafter
2 defined, paid prior to such time, decreased by the sum of
3 (i) any prior withdrawals from or partial surrenders of
4 the contract accumulated at a rate of interest of 3% per
5 annum and (ii) the amount of any indebtedness to the
6 company on the contract, including interest due and
7 accrued, and increased by any existing additional amounts
8 credited by the company to the contract.
9 The net considerations for a given contract year
10 used to define the minimum nonforfeiture amount shall be
11 an amount not less than zero and shall be equal to the
12 corresponding gross considerations credited to the
13 contract during that contract year less an annual
14 contract charge of $30.00 and less a collection charge of
15 $1.25 per consideration credited to the contract during
16 that contract year. The percentages of net
17 considerations shall be 65% of the net consideration for
18 the first contract year and 87 1/2% of the net
19 considerations for the second and later contract years.
20 Notwithstanding the provisions of the preceding sentence,
21 the percentage shall be 65% of the portion of the total
22 net consideration for any renewal contract year which
23 exceeds by not more than two times the sum of those
24 portions of the net considerations in all prior contract
25 years for which the percentage was 65%.
26 (b) With respect to contracts providing for fixed
27 scheduled considerations, minimum nonforfeiture amounts
28 shall be calculated on the assumption that considerations
29 are paid annually in advance and shall be defined as for
30 contracts with flexible considerations which are paid
31 annually, with two exceptions:
32 (i) The portion of the net consideration for
33 the first contract year to be accumulated shall be
34 the sum of 65% of the net consideration for the
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1 first contract year plus 22 1/2% of the excess of
2 the net consideration for the first contract year
3 over the lesser of the net considerations for the
4 second and third contract years.
5 (ii) The annual contract charge shall be the
6 lesser of (A) $30.00 or (B) 10% of the gross annual
7 consideration.
8 (c) With respect to contracts providing for a
9 single consideration, minimum nonforfeiture amounts shall
10 be defined as for contracts with flexible considerations
11 except that the percentage of net consideration used to
12 determine the minimum nonforfeiture amount shall be equal
13 to 90% and the net consideration shall be the gross
14 consideration less a contract charge of $75.00.
15 (3) Any paid-up annuity benefit available under a
16 contract shall be such that its present value on the date
17 annuity payments are to commence is at least equal to the
18 minimum nonforfeiture amount on that date. Such present
19 value shall be computed using the mortality table, if any,
20 and the interest rate specified in the contract for
21 determining the minimum paid-up annuity benefits guaranteed
22 in the contract.
23 (4) For contracts which provide cash surrender benefits,
24 such cash surrender benefits available prior to maturity
25 shall not be less than the present value as of the date of
26 surrender of that portion of the maturity value of the
27 paid-up annuity benefit which would be provided under the
28 contract at maturity arising from considerations paid prior
29 to the time of cash surrender reduced by the amount
30 appropriate to reflect any prior withdrawals from or partial
31 surrenders of the contract, such present value being
32 calculated on the basis of an interest rate not more than 1%
33 higher than the interest rate specified in the contract for
34 accumulating the net considerations to determine such
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1 maturity value, decreased by the amount of any indebtedness
2 to the company on the contract, including interest due and
3 accrued, and increased by any existing additional amounts
4 credited by the company to the contract. In no event shall
5 any cash surrender benefit be less than the minimum
6 nonforfeiture amount at that time. The death benefit under
7 such contracts shall be at least equal to the cash surrender
8 benefit.
9 (5) For contracts which do not provide cash surrender
10 benefits, the present value of any paid-up annuity benefit
11 available as a nonforfeiture option at any time prior to
12 maturity shall not be less than the present value of that
13 portion of the maturity value of the paid-up benefit provided
14 under the contract arising from considerations paid prior to
15 the time of the contract is surrendered in exchange for, or
16 changed to, a deferred paid-up annuity, such present value
17 being calculated for the period prior to the maturity date on
18 the basis of the interest rate specified in the contract for
19 accumulating the net considerations to determine such
20 maturity value, and increased by any existing additional
21 amounts credited by the company to the contract. For
22 contracts which do not provide any death benefits prior to
23 the commencement of any annuity payments, such present values
24 shall be calculated on the basis of such interest rate and
25 the mortality table specified in the contract for determining
26 the maturity value of the paid-up annuity benefit. However,
27 in no event shall the present value of a paid-up annuity
28 benefit be less than the minimum nonforfeiture amount at that
29 time.
30 (6) For the purpose of determining the benefits
31 calculated under subsections (4) and (5), in the case of
32 annuity contracts under which an election may be made to have
33 annuity payments commence at optional maturity dates, the
34 maturity date shall be deemed to be the latest date for which
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1 election shall be permitted by the contract, but shall not be
2 deemed to be later than the anniversary of the contract next
3 following the annuitant's seventieth birthday or the tenth
4 anniversary of the contract, whichever is later.
5 (7) Any contract which does not provide cash surrender
6 benefits or does not provide death benefits at least equal to
7 the minimum nonforfeiture amount prior to the commencement of
8 any annuity payments shall include a statement in a prominent
9 place in the contract that such benefits are not provided.
10 (8) Any paid-up annuity, cash surrender or death
11 benefits available at any time, other than on the contract
12 anniversary under any contract with fixed scheduled
13 considerations, shall be calculated with allowance for the
14 lapse of time and the payment of any scheduled considerations
15 beyond the beginning of the contract year in which cessation
16 of payment of considerations under the contract occurs.
17 (9) For any contract which provides, within the same
18 contract by rider or supplemental contract provision, both
19 annuity benefits and life insurance benefits that are in
20 excess of the greater of cash surrender benefits or a return
21 of the gross considerations with interest, the minimum
22 nonforfeiture benefits shall be equal to the sum of the
23 minimum nonforfeiture benefits for the annuity portion and
24 the minimum nonforfeiture benefits, if any, for the life
25 insurance portion computed as if each portion were a separate
26 contract. Notwithstanding the provisions of subsections (3),
27 (4), (5), (6) and (8), additional benefits payable (a) in the
28 event of total and permanent disability, (b) as reversionary
29 annuity or deferred reversionary annuity benefits, or (c) as
30 other policy benefits additional to life insurance,
31 endowment, and annuity benefits, and considerations for all
32 such additional benefits, shall be disregarded in
33 ascertaining the minimum nonforfeiture amounts, paid-up
34 annuity, cash surrender and death benefits that may be
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1 required by this section. The inclusion of such additional
2 benefits shall not be required in any paid-up benefits,
3 unless such additional benefits separately would require
4 minimum nonforfeiture amounts, paid-up annuity, cash
5 surrender and death benefits.
6 (10) After the effective date of this Section, any
7 company may file with the Director a written notice of its
8 election to comply with the provisions of this Section after
9 a specified date before the second anniversary of the
10 effective date of this Section. After the filing of such
11 notice, then upon such specified date, which shall be the
12 operative date of this section for such company, this Section
13 shall become operative with respect to annuity contracts
14 thereafter issued by such company. If a company makes no
15 such election, the operative date of this section for such
16 company shall be the second anniversary of the effective date
17 of this Section.
18 (11) This Section shall not apply to any reinsurance,
19 group annuity purchased under a retirement plan or plan of
20 deferred compensation established or maintained by an
21 employer (including a partnership or sole proprietorship) or
22 by an employee organization, or by both, other than a plan
23 providing individual retirement accounts or individual
24 retirement annuities under Section 408 of the Internal
25 Revenue Code, as now or hereafter amended, premium deposit
26 fund, variable annuity, investment annuity, immediate
27 annuity, any deferred annuity contract after annuity payments
28 have commenced, or reversionary annuity, nor to any contract
29 which shall be delivered outside this State through an agent
30 or other representative of the company issuing the contract.
31 (Source: P.A. 80-512; revised 7-1-97.)
32 (215 ILCS 5/245.21) (from Ch. 73, par. 857.21)
33 Sec. 245.21. Establishment of separate accounts by
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1 domestic companies organized to do a life, annuity, or
2 accident and health insurance business. A domestic company,
3 including for the purposes of this Article all domestic
4 fraternal benefit societies, may, for authorized classes of
5 insurance, establish one or more separate accounts, and may
6 allocate thereto amounts (including without limitation
7 proceeds applied under optional modes of settlement or under
8 dividend options) to provide for life, annuity, or accident
9 and health insurance (and benefits incidental thereto),
10 payable in fixed or variable amounts or both, subject to the
11 following:
12 (1) The income, gains and losses, realized or
13 unrealized, from assets allocated to a separate account must
14 be credited to or charged against the account, without regard
15 to other income, gains or losses of the company.
16 (2) Except as may be provided with respect to reserves
17 for guaranteed benefits and funds referred to in paragraph
18 (3) of this Section (i) amounts allocated to any separate
19 account and accumulations thereon may be invested and
20 reinvested without regard to any requirements or limitations
21 of Part 2 or Part 3 of Article VIII of this Code and (ii) the
22 investments in any separate account or accounts may not be
23 taken into account in applying the investment limitations
24 otherwise applicable to the investments of the company.
25 (3) Except with the approval of the Director and under
26 the conditions as to investments and other matters as the
27 Director may prescribe, that must recognize the guaranteed
28 nature of the benefits provided, reserves for (i) benefits
29 guaranteed as to dollar amount and duration and (ii) funds
30 guaranteed as to principal amount or stated rate of interest
31 may not be maintained in a separate account.
32 (4) Unless otherwise approved by the Director, assets
33 allocated to a separate account must be valued at their
34 market value on the date of valuation, or if there is no
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1 readily available market, then as provided in the contract or
2 the rules or other written agreement applicable to the
3 separate account. Unless otherwise approved by the Director,
4 the portion, if any, of the assets of the separate account
5 equal to the company's reserve liability with regard to the
6 guaranteed benefits and funds referred to in paragraph (3) of
7 this Section must be valued in accordance with the rules
8 otherwise applicable to the company's assets.
9 (5) Amounts allocated to a separate account under this
10 Article are owned by the company, and the company may not be,
11 nor hold itself out to be, a trustee with respect to those
12 amounts. The assets of any separate account equal to the
13 reserves and other contract liabilities with respect to the
14 account may not be charged with liabilities arising out of
15 any other business the company may conduct.
16 (6) No sale, exchange or other transfer of assets may be
17 made by a company between any of its separate accounts or
18 between any other investment account and one or more of its
19 separate accounts unless, in case of a transfer into a
20 separate account, the transfer is made solely to establish
21 the account or to support the operation of the contracts with
22 respect to the separate account to which the transfer is
23 made, and unless the transfer, whether into or from a
24 separate account, is made (i) by a transfer of cash, or (ii)
25 by a transfer of securities having a readily determinable
26 market value, if the transfer of securities is approved by
27 the Director. The Director may approve other transfers among
28 those accounts if, in his or her opinion, the transfers would
29 not be inequitable.
30 (7) To the extent a company considers it necessary to
31 comply with any applicable federal or state laws, the
32 company, with respect to any separate account, including
33 without limitation any separate account which is a management
34 investment company or a unit investment trust, may provide
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1 for persons having an interest therein appropriate voting and
2 other rights and special procedures for the conduct of the
3 business of the account, including without limitation special
4 rights and procedures relating to investment policy,
5 investment advisory services, selection of independent public
6 accountants, and the selection of a committee, the members of
7 which need not be otherwise affiliated with the company, to
8 manage the business of the account.
9 (Source: P.A. 90-381, eff. 8-14-97; 90-418, eff. 8-15-97;
10 revised 11-14-97.)
11 (215 ILCS 5/355a) (from Ch. 73, par. 967a)
12 Sec. 355a. Standardization of terms and coverage.
13 (1) The purpose of this Section shall be (a) to provide
14 reasonable standardization and simplification of terms and
15 coverages of individual accident and health insurance
16 policies to facilitate public understanding and comparisons;
17 (b) to eliminate provisions contained in individual accident
18 and health insurance policies which may be misleading or
19 unreasonably confusing in connection either with the purchase
20 of such coverages or with the settlement of claims; and (c)
21 to provide for reasonable disclosure in the sale of accident
22 and health coverages.
23 (2) Definitions applicable to this Section are as
24 follows:
25 (a) "Policy" means all or any part of the forms
26 constituting the contract between the insurer and the
27 insured, including the policy, certificate, subscriber
28 contract, riders, endorsements, and the application if
29 attached, which are subject to filing with and approval
30 by the Director.
31 (b) "Service corporations" means non-profit
32 hospital, medical, voluntary health and, vision, dental,
33 and pharmaceutical corporations organized and operating
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1 respectively under the Non-Profit Hospital Service Plan
2 Act, the Medical Service Plan Act, the Voluntary Health
3 Services Plans Act, and the Dental Service Plan Act.
4 (c) "Accident and health insurance" means insurance
5 written under Article XX of the Insurance Code, other
6 than credit accident and health insurance, and coverages
7 provided in subscriber contracts issued by service
8 corporations. For purposes of this Section such service
9 corporations shall be deemed to be insurers engaged in
10 the business of insurance.
11 (3) The Director shall issue such rules as he shall deem
12 necessary or desirable to establish specific standards,
13 including standards of full and fair disclosure that set
14 forth the form and content and required disclosure for sale,
15 of individual policies of accident and health insurance,
16 which rules and regulations shall be in addition to and in
17 accordance with the applicable laws of this State, and which
18 may cover but shall not be limited to: (a) terms of
19 renewability; (b) initial and subsequent conditions of
20 eligibility; (c) non-duplication of coverage provisions; (d)
21 coverage of dependents; (e) pre-existing conditions; (f)
22 termination of insurance; (g) probationary periods; (h)
23 limitation, exceptions, and reductions; (i) elimination
24 periods; (j) requirements regarding replacements; (k)
25 recurrent conditions; and (l) the definition of terms
26 including but not limited to the following: hospital,
27 accident, sickness, injury, physician, accidental means,
28 total disability, partial disability, nervous disorder,
29 guaranteed renewable, and non-cancellable.
30 The Director may issue rules that specify prohibited
31 policy provisions not otherwise specifically authorized by
32 statute which in the opinion of the Director are unjust,
33 unfair or unfairly discriminatory to the policyholder, any
34 person insured under the policy, or beneficiary.
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1 (4) The Director shall issue such rules as he shall deem
2 necessary or desirable to establish minimum standards for
3 benefits under each category of coverage in individual
4 accident and health policies, other than conversion policies
5 issued pursuant to a contractual conversion privilege under a
6 group policy, including but not limited to the following
7 categories: (a) basic hospital expense coverage; (b) basic
8 medical-surgical expense coverage; (c) hospital confinement
9 indemnity coverage; (d) major medical expense coverage; (e)
10 disability income protection coverage; (f) accident only
11 coverage; and (g) specified disease or specified accident
12 coverage.
13 Nothing in this subsection (4) shall preclude the
14 issuance of any policy which combines two or more of the
15 categories of coverage enumerated in subparagraphs (a)
16 through (f) of this subsection.
17 No policy shall be delivered or issued for delivery in
18 this State which does not meet the prescribed minimum
19 standards for the categories of coverage listed in this
20 subsection unless the Director finds that such policy is
21 necessary to meet specific needs of individuals or groups and
22 such individuals or groups will be adequately informed that
23 such policy does not meet the prescribed minimum standards,
24 and such policy meets the requirement that the benefits
25 provided therein are reasonable in relation to the premium
26 charged. The standards and criteria to be used by the
27 Director in approving such policies shall be included in the
28 rules required under this Section with as much specificity as
29 practicable.
30 The Director shall prescribe by rule the method of
31 identification of policies based upon coverages provided.
32 (5) (a) In order to provide for full and fair disclosure
33 in the sale of individual accident and health insurance
34 policies, no such policy shall be delivered or issued for
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1 delivery in this State unless the outline of coverage
2 described in paragraph (b) of this subsection either
3 accompanies the policy, or is delivered to the applicant at
4 the time the application is made, and an acknowledgment
5 signed by the insured, of receipt of delivery of such
6 outline, is provided to the insurer. In the event the policy
7 is issued on a basis other than that applied for, the outline
8 of coverage properly describing the policy must accompany the
9 policy when it is delivered and such outline shall clearly
10 state that the policy differs, and to what extent, from that
11 for which application was originally made. All policies,
12 except single premium nonrenewal policies, shall have a
13 notice prominently printed on the first page of the policy or
14 attached thereto stating in substance, that the policyholder
15 shall have the right to return the policy within 10 ten (10)
16 days of its delivery and to have the premium refunded if
17 after examination of the policy the policyholder is not
18 satisfied for any reason.
19 (b) The Director shall issue such rules as he shall deem
20 necessary or desirable to prescribe the format and content of
21 the outline of coverage required by paragraph (a) of this
22 subsection. "Format" means style, arrangement, and overall
23 appearance, including such items as the size, color, and
24 prominence of type and the arrangement of text and captions.
25 "Content" shall include without limitation thereto,
26 statements relating to the particular policy as to the
27 applicable category of coverage prescribed under subsection
28 4; principal benefits; exceptions, reductions and
29 limitations; and renewal provisions, including any
30 reservation by the insurer of a right to change premiums.
31 Such outline of coverage shall clearly state that it
32 constitutes a summary of the policy issued or applied for and
33 that the policy should be consulted to determine governing
34 contractual provisions.
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1 (6) Prior to the issuance of rules pursuant to this
2 Section, the Director shall afford the public, including the
3 companies affected thereby, reasonable opportunity for
4 comment. Such rulemaking is subject to the provisions of the
5 Illinois Administrative Procedure Act.
6 (7) When a rule has been adopted, pursuant to this
7 Section, all policies of insurance or subscriber contracts
8 which are not in compliance with such rule shall, when so
9 provided in such rule, be deemed to be disapproved as of a
10 date specified in such rule not less than 120 days following
11 its effective date, without any further or additional notice
12 other than the adoption of the rule.
13 (8) When a rule adopted pursuant to this Section so
14 provides, a policy of insurance or subscriber contract which
15 does not comply with the rule shall not less than 120 days
16 from the effective date of such rule, be construed, and the
17 insurer or service corporation shall be liable, as if the
18 policy or contract did comply with the rule.
19 (9) Violation of any rule adopted pursuant to this
20 Section shall be a violation of the insurance law for
21 purposes of Sections 370 and 446 of the Insurance Code.
22 (Source: P.A. 90-177, eff. 7-23-97; 90-372, eff. 7-1-98;
23 revised 11-14-97.)
24 (215 ILCS 5/356t)
25 Sec. 356t. Post-mastectomy care. An individual or group
26 policy of accident and health insurance or managed care plan
27 that provides surgical coverage and is amended, delivered,
28 issued, or renewed after the effective date of this
29 amendatory Act of 1997 shall provide inpatient coverage
30 following a mastectomy for a length of time determined by the
31 attending physician to be medically necessary and in
32 accordance with protocols and guidelines based on sound
33 scientific evidence and upon evaluation of the patient and
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1 the coverage for and availability of a post-discharge
2 physician office visit or in-home nurse visit to verify the
3 condition of the patient in the first 48 hours after
4 discharge.
5 (Source: P.A. 90-7, eff. 6-10-97.)
6 (215 ILCS 5/356v)
7 Sec. 356v. 356t. Use of information derived from genetic
8 testing. After the effective date of this amendatory Act of
9 1997, an insurer must comply with the provisions of the
10 Genetic Information Privacy Act in connection with the
11 amendment, delivery, issuance, or renewal of, or claims for
12 or denial of coverage under, an individual or group policy of
13 accident and health insurance.
14 (Source: P.A. 90-25, eff. 1-1-98; revised 10-7-97.)
15 (215 ILCS 5/367.3) (from Ch. 73, par. 979.3)
16 Sec. 367.3. Group accident and health insurance;
17 discretionary groups.
18 (a) No group health insurance offered to a resident of
19 this State under a policy issued to a group, other than one
20 specifically described in Section 367(1), shall be delivered
21 or issued for delivery in this State unless the Director
22 determines that:
23 (1) the issuance of the policy is not contrary to
24 the public interest;
25 (2) the issuance of the policy will result in
26 economies of acquisition and administration; and
27 (3) the benefits under the policy are reasonable in
28 relation to the premium charged.
29 (b) No such group health insurance may be offered in
30 this State under a policy issued in another state unless this
31 State or the state in which the group policy is issued has
32 made a determination that the requirements of subsection (a)
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1 have been met.
2 Where insurance is to be offered in this State under a
3 policy described in this subsection, the insurer shall file
4 for informational review purposes:
5 (1) a copy of the group master contract;
6 (2) a copy of the statute authorizing the issuance
7 of the group policy in the state of situs, which statute
8 has the same or similar requirements as this State, or in
9 the absence of such statute, a certification by an
10 officer of the company that the policy meets the Illinois
11 minimum standards required for individual accident and
12 health policies under authority of Section 401 of this
13 Code, as now or hereafter amended, as promulgated by rule
14 at 50 Illinois Administrative Code, Ch. I, Sec. 2007, et.
15 seq., as now or hereafter amended, or by a successor
16 rule;
17 (3) evidence of approval by the state of situs of
18 the group master policy; and
19 (4) copies of all supportive material furnished to
20 the state of situs to satisfy the criteria for approval.
21 (c) The Director may, at any time after receipt of the
22 information required under subsection (b) and after finding
23 that the standards of subsection (a) have not been met, order
24 the insurer to cease the issuance or marketing of that
25 coverage in this State.
26 (d) Group accident and health insurance subject to the
27 provisions of this Section is also subject to the provisions
28 of Section 367i of this Code.
29 (Source: P.A. 86-753; 87-615; revised 7-2-97.)
30 (215 ILCS 5/367h) (from Ch. 73, par. 979h)
31 Sec. 367h. Deputy's continuance privilege. As used in
32 this Section:
33 1. The terms "municipality" and "creditable service"
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1 shall have the meaning ascribed to such terms by Sections
2 7-105 and 7-113, respectively, of the Illinois Pension Code,
3 as now or hereafter amended.
4 The term "deferred pensioner" means a deputy who has
5 retired, having accumulated enough creditable service to
6 qualify for a pension, but who has not attained the required
7 age.
8 2. The term "deputy" shall mean a "sheriff's law
9 enforcement employee" as defined in Section 7-109.3 of the
10 Illinois Pension Code, and include only persons under the
11 coverage of Article 7 of that Code, as heretofore or
12 hereafter amended.
13 3. The "retirement or disability period" of a deputy
14 means the period:
15 a. which begins on the day the deputy is removed
16 from a sheriff's police department payroll because of the
17 occurrence of any of the following events, to wit: (i)
18 the deputy retires as a deferred pensioner, (ii) the
19 deputy retires from active service as a deputy with an
20 attained age and accumulated creditable service which
21 together qualify the deputy for immediate receipt of
22 retirement pension benefits under Section 7-142.1 of the
23 Illinois Pension Code, or (iii) the deputy's disability
24 is established under Article 7 of the Illinois Pension
25 Code; and
26 b. which ends on the first to occur of any of the
27 following events, to wit: (i) the deputy's reinstatement
28 or reentry into active service in the sheriff's police
29 department as provided for under Article 7 of the
30 Illinois Pension Code, (ii) the deputy's exercise of any
31 refund option or acceptance of any separation benefit
32 available under Article 7 of the Illinois Pension Code,
33 (iii) the deputy's loss pursuant to Section 7-219 of the
34 Illinois Pension Code of any benefits provided for in
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1 Article 7 of that Code, or (iv) the deputy's death or --
2 if at the time of the deputy's death the deputy is
3 survived by a spouse who, in that capacity, is entitled
4 to receive a surviving spouse's monthly pension pursuant
5 to Article 7 of the Illinois Pension Code -- the death or
6 remarriage of that spouse.
7 No policy of group accident and health insurance under
8 which deputies employed by a municipality are insured for
9 their individual benefit shall be issued or delivered in this
10 State to any municipality unless such group policy provides
11 for the election of continued group insurance coverage for
12 the retirement or disability period of each deputy who is
13 insured under the provisions of the group policy on the day
14 immediately preceding the day on which the retirement or
15 disability period of such deputy begins. So long as any
16 required premiums for continued group insurance coverage are
17 paid in accordance with the provisions of the group policy,
18 an election made pursuant to this Section shall provide
19 continued group insurance coverage for a deputy throughout
20 the retirement or disability period of the deputy and, unless
21 the deputy otherwise elects and subject to any other
22 provisions of the group policy which relate either to the
23 provision or to the termination of dependents' coverage and
24 which are not inconsistent with this Section, for any
25 dependents of the deputy who are insured under the group
26 policy on the day immediately preceding the day on which the
27 retirement or disability period of the deputy begins;
28 provided, however, that when such continued group insurance
29 coverage is in effect with respect to a deputy on the date of
30 the deputy's death but the retirement or disability period of
31 the deputy does not end with such deputy's death, then the
32 deceased deputy's surviving spouse upon whose death or
33 remarriage such retirement or disability period will end
34 shall be entitled, without further election and upon payment
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1 of any required premiums in accordance with the provisions of
2 the group policy, to maintain such continued group insurance
3 coverage in effect until the end of such retirement or
4 disability period. Continued group insurance coverage shall
5 be provided in accordance with this Section at the same
6 premium rate from time to time charged for equivalent
7 coverage provided under the group policy with respect to
8 covered deputies whose retirement or disability period has
9 not begun, and no distinction or discrimination in the amount
10 or rate of premiums or in any waiver of premium or other
11 benefit provision shall be made between continued group
12 insurance coverage elected pursuant to this Section and
13 equivalent coverage provided to deputies under the group
14 policy other than pursuant to the provisions of this Section;
15 provided that no municipality shall be required by reason of
16 any provision of this Section to pay any group insurance
17 premium other than one that may be negotiated in a collective
18 bargaining agreement. If the group policy provides for a
19 reduction in benefits and premium for insureds who become
20 eligible for medicare, such provision shall apply to persons
21 electing continued coverage under this Section.
22 Within 15 days of the beginning of the retirement or
23 disability period of any deputy entitled to elect continued
24 group insurance coverage under any group policy affected by
25 this Section, the municipality last employing such deputy
26 shall give written notice of such beginning by certified
27 mail, return receipt requested, to the insurance company
28 issuing such policy. The notice shall include the deputy's
29 name and last known place of residence and the beginning date
30 of the deputy's retirement or disability period.
31 Within 15 days of the date of receipt of such notice from
32 the municipality, the insurance company by certified mail,
33 return receipt requested, shall give written notice to the
34 deputy at the deputy's last known place of residence that
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1 coverage under the group policy may be continued for the
2 retirement or disability period of the deputy as provided in
3 this Section. Such notice shall set forth: (i) a statement
4 of election to be filed by the deputy if the deputy wishes to
5 continue such group insurance coverage, (ii) the amount of
6 monthly premium, including a statement of the portion of such
7 monthly premium attributable to any dependents' coverage
8 which the deputy may elect, and (iii) instructions as to the
9 return of the election form to the insurance company issuing
10 such policy. Election shall be made, if at all, by returning
11 the statement of election to the insurance company by
12 certified mail, return receipt requested, within 15 days
13 after having received it.
14 If the deputy elects to continue coverage, it shall be
15 the obligation of the deputy to pay the monthly premium
16 directly to the municipality which shall forward it to the
17 insurance company issuing the group insurance policy, or as
18 otherwise directed by the insurance company; provided,
19 however, that the deputy shall be entitled to designate on
20 the statement of election required to be filed with the
21 insurance company that the total monthly premium, or such
22 portion thereof as is not contributed by a municipality, be
23 deducted by the Illinois Municipal Retirement Fund from the
24 monthly pension payment otherwise payable to or on behalf of
25 the deputy pursuant to Article 7 of the the Illinois Pension
26 Code, and be remitted by such Fund to the insurance company.
27 The portion, if any, of the monthly premium contributed by a
28 municipality for such continued group insurance coverage
29 shall be paid by the directly to the insurance company
30 issuing the group insurance policy, or as directed by the
31 insurance company. Such continued group insurance coverage
32 shall relate back to the beginning of the deputy's retirement
33 or disability period.
34 The amendment, renewal or extension of any group
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1 insurance policy affected by this Section shall be deemed to
2 be the issuance of a new policy of insurance for purposes of
3 this Section.
4 In the event that a municipality makes a program of
5 accident, health, hospital or medical benefits available to
6 its deputies through self-insurance, or by participation in a
7 pool or reciprocal insurer, or by contract in a form other
8 than a policy of group insurance with one or more medical
9 service plans, health care service corporations, health
10 maintenance organizations, or any other professional
11 corporations or plans under which health care or
12 reimbursement for the costs thereof is provided, whether the
13 cost of such benefits is borne by the municipality or the
14 deputies or both, such deputies and their surviving spouses
15 shall have the same right to elect continued coverage under
16 such program of benefits as they would have if such benefits
17 were provided by a policy of group accident and health
18 insurance. In such cases, the notice of right to elect
19 continued coverage shall be sent by the municipality; the
20 statement of election shall be sent to the municipality; and
21 references to the required premium shall refer to that
22 portion of the cost of such benefits which is not borne by
23 the municipality, either voluntarily or pursuant to the
24 provisions of a collective bargaining agreement. In the case
25 of a municipality providing such benefits through
26 self-insurance or participation in a pool or reciprocal
27 insurer, the right to elect continued coverage which is
28 provided by this paragraph shall be implemented and made
29 available to the deputies of the municipality and qualifying
30 surviving spouses not later than July 1, 1986.
31 The amendment, renewal or extension of any such contract
32 in a form other than a policy of group insurance policy shall
33 be deemed the formation of a new contract for the purposes of
34 this Section.
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1 This Section shall not limit the exercise of any
2 conversion privileges available under Section 367e.
3 (Source: P.A. 84-1010; revised 7-2-97.)
4 (215 ILCS 5/370h) (from Ch. 73, par. 982h)
5 Sec. 370h. Noninstitutional providers. Before entering
6 into any agreement under this Article an insurer or
7 administrator shall establish terms and conditions that must
8 be met by noninstitutional providers wishing to enter into an
9 agreement with the insurer or administrator. These terms and
10 conditions may not discriminate unreasonably against or among
11 noninstitutional providers. Neither difference in prices
12 among noninstitutional providers produced by a process of
13 individual negotiation nor price differences among other
14 noninstitutional providers in different geographical areas or
15 different specialties specialities constitutes unreasonable
16 discrimination.
17 An insurer or administrator shall not refuse to contract
18 with any noninstitutional provider who meets the terms and
19 conditions established by the insurer or administrator.
20 (Source: P.A. 84-618; revised 7-2-97.)
21 (215 ILCS 5/499.1) (from Ch. 73, par. 1065.46-1)
22 Sec. 499.1. Registered firms.
23 (a) Any corporation, partnership, or limited liability
24 company transacting insurance business as an insurance agency
25 shall register with the Director before transacting insurance
26 business in this State. Such registration shall remain in
27 effect as long as the firm pays the annual fee required by
28 Section 509.1 of this Code by the date due, unless the
29 registration is revoked or suspended pursuant to Section
30 505.1 of this Code.
31 (b) Each firm required to register before acting as a
32 registered firm pursuant to this Article shall appoint one or
-659- LRB9000999EGfgam01
1 more licensed insurance producers who are officers,
2 directors, or partners in the firm to be responsible for the
3 firm's compliance with the insurance laws and Title 50 of the
4 Illinois Administrative Code. Such individual or individuals
5 shall submit to the Director a registration form and the fees
6 required by Section 509.1. The Director shall prescribe the
7 registration form and may require any documents reasonably
8 necessary to verify the information contained in the
9 registration form. Within 30 days of a change in officers,
10 directors, or partners who are appointed to be responsible
11 for the firm's compliance with the insurance laws and Title
12 50 of the Illinois Administrative Code, the firm shall report
13 the change to the Department.
14 (c) The registered firm shall inform the Director in
15 writing of a change in its business address within 30 days of
16 such change.
17 (d) Each registered firm shall disclose its members,
18 officers or directors who are authorized to act as insurance
19 producers, and report any changes in such personnel to the
20 Director within 30 days of such changes.
21 (e) (Blank).
22 (Source: P.A. 89-240, eff. 1-1-96; 90-41, eff. 10-1-97;
23 90-499, eff. 8-19-97; revised 11-17-97.)
24 (215 ILCS 5/509.1) (from Ch. 73, par. 1065.56-1)
25 Sec. 509.1. Fees.
26 (a) The fees required by this Article are as follows:
27 (1) An annual fee of $75 for an insurance producer
28 license;
29 (2) A fee of $25 for the issuance of a temporary
30 insurance producer license;
31 (3) An annual registration fee of $25 for a
32 business firm to register;
33 (4) An annual $25 fee for a limited insurance
-660- LRB9000999EGfgam01
1 representative license;
2 (5) A $25 application fee for the processing of
3 each request to take the written examination for an
4 insurance producer license;
5 (6) An annual registration fee of $500 for an
6 education provider to register;
7 (7) A certification fee of $25 for each certified
8 prelicensing or continuing education course and an annual
9 fee of $10 for renewing the certification of each such
10 course; and
11 (8) A license reinstatement fee of $50 for
12 reinstating a license which lapsed because the annual fee
13 was not received by the due date.
14 (9) A registration fee of $15 for reinstating a
15 firm registration that lapsed because the annual fee was
16 not received by the due date.
17 (b) Except as otherwise provided, all fees paid to and
18 collected by the Director under this Section shall be paid
19 promptly after receipt thereof, together with a detailed
20 statement of such fees, into a special fund in the State
21 Treasury to be known as the Insurance Producer Administration
22 Fund. The monies deposited into the Insurance Producer
23 Administration Administrative Fund shall be used only for
24 payment of the expenses of the Department in the execution,
25 administration and enforcement of the insurance laws of this
26 State, and shall be appropriated as otherwise provided by law
27 for the payment of such expenses with first priority being
28 any expenses incident to or associated with the
29 administration and enforcement of this Article.
30 (Source: P.A. 89-152, eff. 1-1-97; 90-372, eff. 7-1-98;
31 revised 10-7-97.)
32 (215 ILCS 5/513a2) (from Ch. 73, par. 1065.60a2)
33 Sec. 513a2. Definitions.
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1 (a) Accepted agreement. "Accepted agreement" means a
2 premium finance agreement deemed to be accepted by a premium
3 finance company when a binder number or policy number is
4 provided for each policy premium listed on the premium
5 finance agreement and premium payment book or when the first
6 premium payment notice has been sent to the named insured.
7 (b) Financing insurance premiums. "Financing insurance
8 premiums" means to be engaged in the practice of:
9 (1) advancing monies directly or indirectly to an
10 insurer pursuant to the terms of an acquired premium
11 finance agreement; or
12 (2) allowing 10% or more of a producer's or
13 registered firm's firms's premium accounts receivable to
14 be more than 90 days past due.
15 (c) Premium finance agreement. "Premium finance
16 agreement" means a promissory note, loan contract, or
17 agreement by which an insured or prospective insured promises
18 to pay to another person an amount advanced or to be advanced
19 thereunder to an insurer in payment of premiums on an
20 insurance contract together with a service charge and which
21 contains an assignment of or is otherwise secured by the
22 unearned premium payable by the insurer upon cancellation of
23 the insurance contract; provided, however, that a premium
24 finance agreement shall not include an installment sale
25 contract, lease agreement, security agreement, or mortgage
26 covering personal or real property that includes a charge for
27 insurance or pursuant to which the vendor, lessor,
28 lienholder, or mortgagee is authorized to pay or advance the
29 premium for insurance with respect to that property.
30 (d) Premium finance company. "Premium finance company"
31 means any person engaged in the business of financing
32 insurance premiums, of entering into premium finance
33 agreements with insureds, or of acquiring premium finance
34 agreements.
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1 (Source: P.A. 87-811; revised 7-2-97.)
2 (215 ILCS 5/810.1)
3 Sec. 810.1. Reinsurance Agreements. All insurers shall
4 enter into a reinsurance agreement with the Fund. The
5 reinsurance agreement with the Fund. The reinsurance
6 agreement shall be filed with and approved by the Director.
7 The agreement shall provide that each insurer shall cede 100%
8 of any subsidence insurance written up to the limits
9 contained in paragraph 805.1(c) to the Fund and, in
10 consideration of the ceding commission retained by the
11 insurer, agrees to distribute informational publications
12 provided by the Fund on a schedule set by the Fund, undertake
13 adjustment of losses, payment of taxes, and all other
14 expenses of the insurer necessary for sale of policies and
15 administration of the mine subsidence insurance coverage.
16 The Fund shall agree to reimburse the insurer for all amounts
17 reasonably and properly paid policyholders from claims
18 resulting from mine subsidence and for expenses specified in
19 the reinsurance agreement. In addition, the reinsurance
20 agreement may contain, and may authorize the Fund to
21 establish and promulgate deductibles. The reinsurance
22 agreement may also contain reasonable rules and procedures
23 covering insurer documentation of losses; insurer reporting
24 of claims, reports of litigation, premiums and loss payments;
25 loss payment review by the Fund; remitting of premiums to the
26 Fund; underwriting; and cause and origin investigations; and
27 procedures for resolving disputes between the insurers and
28 the Fund.
29 (Source: P.A. 88-379; revised 12-18-97.)
30 (215 ILCS 5/817.1)
31 Sec. 817.1. Powers of Director. In addition to any
32 powers conferred upon him by this or any other law, the
-663- LRB9000999EGfgam01
1 Director shall have the authority to supervise the operations
2 of the Fund and shall review the Fund's rates once every
3 three years. In addition the Director or any person
4 designated by him has the power:
5 (a) to examine the operation of the Fund through
6 free access to all books, records, files, papers and
7 documents relating to its operation and may summon,
8 qualify and examine as witnesses all persons having
9 knowledge of or such operation, including officers,
10 agents or employees thereof;
11 (b) to do all things necessary to enable the State
12 of Illinois and any insurer participating in any program
13 approved by the Director to fully participate in any
14 federal program which may be enacted for purposes similar
15 to the purposes of this Article;
16 (c) to require such reports as the Director may
17 deem necessary.
18 (Source: P.A. 88-379; revised 12-18-97.)
19 (215 ILCS 5/1003) (from Ch. 73, par. 1065.703)
20 Sec. 1003. Definitions. As used in this Article:
21 (A) "Adverse underwriting decision" means:
22 (1) any of the following actions with respect to
23 insurance transactions involving insurance coverage which
24 is individually underwritten:
25 (a) a declination of insurance coverage,
26 (b) a termination of insurance coverage,
27 (c) failure of an agent to apply for insurance
28 coverage with a specific insurance institution which
29 the agent represents and which is requested by an
30 applicant,
31 (d) in the case of a property or casualty
32 insurance coverage:
33 (i) placement by an insurance institution
-664- LRB9000999EGfgam01
1 or agent of a risk with a residual market
2 mechanism, an unauthorized insurer or an
3 insurance institution which specializes in
4 substandard risks, or
5 (ii) the charging of a higher rate on the
6 basis of information which differs from that
7 which the applicant or policyholder furnished,
8 or
9 (e) in the case of life, health or disability
10 insurance coverage, an offer to insure at higher
11 than standard rates.
12 (2) Notwithstanding paragraph (1) above, the
13 following actions shall not be considered adverse
14 underwriting decisions but the insurance institution or
15 agent responsible for their occurrence shall nevertheless
16 provide the applicant or policyholder with the specific
17 reason or reasons for their occurrence:
18 (a) the termination of an individual policy
19 form on a class or statewide basis,
20 (b) a declination of insurance coverage solely
21 because such coverage is not available on a class or
22 statewide basis, or
23 (c) the rescission of a policy.
24 (B) "Affiliate" or "affiliated" means a person that
25 directly, or indirectly through one or more intermediaries,
26 controls, is controlled by or is under common control with
27 another person.
28 (C) "Agent" means an individual, firm, partnership,
29 association or corporation who is involved in the
30 solicitation, negotiation or binding of coverages for or on
31 applications or policies of insurance, covering property or
32 risks located in this State. For the purposes of this
33 Article, both "Insurance Agent" and "Insurance Broker", as
34 defined in Section 490, shall be considered an agent.
-665- LRB9000999EGfgam01
1 (D) "Applicant" means any person who seeks to contract
2 for insurance coverage other than a person seeking group
3 insurance that is not individually underwritten.
4 (E) "Director" means the Director of Insurance.
5 (F) "Consumer report" means any written, oral or other
6 communication of information bearing on a natural person's
7 credit worthiness, credit standing, credit capacity,
8 character, general reputation, personal characteristics or
9 mode of living which is used or expected to be used in
10 connection with an insurance transaction.
11 (G) "Consumer reporting agency" means any person who:
12 (1) regularly engages, in whole or in part, in the
13 practice of assembling or preparing consumer reports for
14 a monetary fee,
15 (2) obtains information primarily from sources other
16 than insurance institutions, and
17 (3) furnishes consumer reports to other persons.
18 (H) "Control", including the terms "controlled by" or
19 "under common control with", means the possession, direct or
20 indirect, of the power to direct or cause the direction of
21 the management and policies of a person, whether through the
22 ownership of voting securities, by contract other than a
23 commercial contract for goods or nonmanagement services, or
24 otherwise, unless the power is the result of an official
25 position with or corporate office held by the person.
26 (I) "Declination of insurance coverage" means a denial,
27 in whole or in part, by an insurance institution or agent of
28 requested insurance coverage.
29 (J) "Individual" means any natural person who:
30 (1) in the case of property or casualty insurance,
31 is a past, present or proposed named insured or
32 certificateholder;
33 (2) in the case of life, health or disability
34 insurance, is a past, present or proposed principal
-666- LRB9000999EGfgam01
1 insured or certificateholder;
2 (3) is a past, present or proposed policyowner;
3 (4) is a past or present applicant;
4 (5) is a past or present claimant; or
5 (6) derived, derives or is proposed to derive
6 insurance coverage under an insurance policy or
7 certificate subject to this Article.
8 (K) "Institutional source" means any person or
9 governmental entity that provides information about an
10 individual to an agent, insurance institution or
11 insurance-support organization, other than:
12 (1) an agent,
13 (2) the individual who is the subject of the
14 information, or
15 (3) a natural person acting in a personal capacity
16 rather than in a business or professional capacity.
17 (L) "Insurance institution" means any corporation,
18 association, partnership, reciprocal exchange, inter-insurer,
19 Lloyd's insurer, fraternal benefit society or other person
20 engaged in the business of insurance, health maintenance
21 organizations as defined in Section 2 of the Health
22 Maintenance Organization Act, medical service plans as
23 defined in Section 2 of the Medical Service Plan Act,
24 hospital service corporation under the Nonprofit Health Care
25 Service Plan Act, voluntary health services plans as defined
26 in Section 2 of the Voluntary Health Services Plans Act, and
27 dental service plans as defined in Section 4 of the Dental
28 Service Plan Act. "Insurance institution" shall not include
29 agents or insurance-support organizations.
30 (M) "Insurance-support organization" means:
31 (1) any person who regularly engages, in whole or in
32 part, in the practice of assembling or collecting
33 information about natural persons for the primary purpose
34 of providing the information to an insurance institution
-667- LRB9000999EGfgam01
1 or agent for insurance transactions, including:
2 (a) the furnishing of consumer reports or
3 investigative consumer reports to an insurance
4 institution or agent for use in connection with an
5 insurance transaction, or
6 (b) the collection of personal information
7 from insurance institutions, agents or other
8 insurance-support organizations for the purpose of
9 detecting or preventing fraud, material
10 misrepresentation or material nondisclosure in
11 connection with insurance underwriting or insurance
12 claim activity.
13 (2) Notwithstanding paragraph (1) above, the
14 following persons shall not be considered
15 "insurance-support organizations" for purposes of this
16 Article: agents, government institutions, insurance
17 institutions, medical care institutions and medical
18 professionals.
19 (N) "Insurance transaction" means any transaction
20 involving insurance primarily for personal, family or
21 household needs rather than business or professional needs
22 which entails:
23 (1) the determination of an individual's
24 eligibility for an insurance coverage, benefit or
25 payment, or
26 (2) the servicing of an insurance application,
27 policy, contract or certificate.
28 (O) "Investigative consumer report" means a consumer
29 report or portion thereof in which information about a
30 natural person's character, general reputation, personal
31 characteristics or mode of living is obtained through
32 personal interviews with the person's neighbors, friends,
33 associates, acquaintances or others who may have knowledge
34 concerning such items of information.
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1 (P) "Medical-care institution" means any facility or
2 institution that is licensed to provide health care services
3 to natural persons, including but not limited to: hospitals,
4 skilled nursing facilities, home-health agencies, medical
5 clinics, rehabilitation agencies and public-health agencies
6 and health-maintenance organizations.
7 (Q) "Medical professional" means any person licensed or
8 certified to provide health care services to natural
9 persons, including but not limited to, a physician, dentist,
10 nurse, optometrist, chiropractor, naprapath, pharmacist,
11 physical or occupational therapist, psychiatric social
12 worker, speech therapist, clinical dietitian or clinical
13 psychologist.
14 (R) "Medical-record information" means personal
15 information which:
16 (1) relates to an individual's physical or mental
17 condition, medical history or medical treatment, and
18 (2) is obtained from a medical professional or
19 medical-care institution, from the individual, or from
20 the individual's spouse, parent or legal guardian.
21 (S) "Person" means any natural person, corporation,
22 association, partnership or other legal entity.
23 (T) "Personal information" means any individually
24 identifiable information gathered in connection with an
25 insurance transaction from which judgments can be made about
26 an individual's character, habits, avocations, finances,
27 occupation, general reputation, credit, health or any other
28 personal characteristics. "Personal information" includes an
29 individual's name and address and "medical-record
30 information" but does not include "privileged information".
31 (U) "Policyholder" means any person who:
32 (1) in the case of individual property or casualty
33 insurance, is a present named insured;
34 (2) in the case of individual life, health or
-669- LRB9000999EGfgam01
1 disability insurance, is a present policyowner; or
2 (3) in the case of group insurance which is
3 individually underwritten, is a present group
4 certificateholder.
5 (V) "Pretext interview" means an interview whereby a
6 person, in an attempt to obtain information about a natural
7 person, performs one or more of the following acts:
8 (1) pretends to be someone he or she is not,
9 (2) pretends to represent a person he or she is not
10 in fact representing,
11 (3) misrepresents the true purpose of the
12 interview, or
13 (4) refuses to identify himself or herself upon
14 request.
15 (W) "Privileged information" means any individually
16 identifiable information that: (1) relates to a claim for
17 insurance benefits or a civil or criminal proceeding
18 involving an individual, and (2) is collected in connection
19 with or in reasonable anticipation of a claim for insurance
20 benefits or civil or criminal proceeding involving an
21 individual; provided, however, information otherwise meeting
22 the requirements of this subsection shall nevertheless be
23 considered "personal information" under this Article if it is
24 disclosed in violation of Section 1014 of this Article.
25 (X) "Residual market mechanism" means an association,
26 organization or other entity described in Article XXXIII of
27 this Act, or Section 7-501 of The Illinois Vehicle Code.
28 (Y) "Termination of insurance coverage" or "termination
29 of an insurance policy" means either a cancellation or
30 nonrenewal of an insurance policy, in whole or in part, for
31 any reason other than the failure to pay a premium as
32 required by the policy.
33 (Z) "Unauthorized insurer" means an insurance institution
34 that has not been granted a certificate of authority by the
-670- LRB9000999EGfgam01
1 Director to transact the business of insurance in this State.
2 (Source: P.A. 90-7, eff. 6-10-97; 90-177, eff. 7-23-97;
3 90-372, eff. 7-1-98; revised 11-14-97.)
4 Section 101. The Comprehensive Health Insurance Plan Act
5 is amended by changing Section 8 as follows:
6 (215 ILCS 105/8) (from Ch. 73, par. 1308)
7 Sec. 8. Minimum benefits.
8 a. Availability. The Plan shall offer in an annually
9 renewable policy major medical expense coverage to every
10 eligible person who is not eligible for Medicare. Major
11 medical expense coverage offered by the Plan shall pay an
12 eligible person's covered expenses, subject to limit on the
13 deductible and coinsurance payments authorized under
14 paragraph (4) of subsection d of this Section, up to a
15 lifetime benefit limit of $1,000,000 per covered individual.
16 The maximum limit under this subsection shall not be altered
17 by the Board, and no actuarial equivalent benefit may be
18 substituted by the Board. Any person who otherwise would
19 qualify for coverage under the Plan, but is excluded because
20 he or she is eligible for Medicare, shall be eligible for any
21 separate Medicare supplement policy or policies which the
22 Board may offer.
23 b. Outline of benefits. Covered expenses shall be
24 limited to the usual and customary charge, including
25 negotiated fees, in the locality for the following services
26 and articles when prescribed by a physician and determined by
27 the Plan to be medically necessary for the following areas of
28 services, subject to such separate deductibles, co-payments,
29 exclusions, and other limitations on benefits as the Board
30 shall establish and approve, and the other provisions of this
31 Section:
32 (1) Hospital services.
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1 (2) Professional services for the diagnosis or
2 treatment of injuries, illnesses or conditions, other
3 than dental and mental and nervous disorders as described
4 in paragraph (17), which are rendered by a physician, or
5 by other licensed professionals at the physician's
6 direction.
7 (3) (Blank).
8 (4) Drugs requiring a physician's prescription.
9 (5) Skilled nursing services of a licensed skilled
10 nursing facility for not more than 120 days during a
11 policy year.
12 (6) Services of a home health agency in accord with
13 a home health care plan, up to a maximum of 270 visits
14 per year.
15 (7) Services of a licensed hospice for not more
16 than 180 days during a policy year.
17 (8) Use of radium or other radioactive materials.
18 (9) Oxygen.
19 (10) Anesthetics.
20 (11) Orthoses and prostheses other than dental.
21 (12) Rental or purchase in accordance with Board
22 policies or procedures of durable medical equipment,
23 other than eyeglasses or hearing aids, for which there is
24 no personal use in the absence of the condition for which
25 it is prescribed.
26 (13) Diagnostic x-rays and laboratory tests.
27 (14) Oral surgery for excision of partially or
28 completely unerupted impacted teeth or the gums and
29 tissues of the mouth, when not performed in connection
30 with the routine extraction or repair of teeth, and oral
31 surgery and procedures, including orthodontics and
32 prosthetics necessary for craniofacial or maxillofacial
33 conditions and to correct congenital defects or injuries
34 due to accident.
-672- LRB9000999EGfgam01
1 (15) Physical, speech, and functional occupational
2 therapy as medically necessary and provided by
3 appropriate licensed professionals.
4 (16) Emergency and other medically necessary
5 transportation provided by a licensed ambulance service
6 to the nearest health care facility qualified to treat a
7 covered illness, injury, or condition, subject to the
8 provisions of the Emergency Medical Systems (EMS) Act.
9 (17) Outpatient services for diagnosis and
10 treatment of mental and nervous disorders provided that a
11 covered person shall be required to make a copayment not
12 to exceed 50% and that the Plan's payment shall not
13 exceed such amounts as are established by the Board.
14 (18) Human organ or tissue transplants specified by
15 the Board that are performed at a hospital designated by
16 the Board as a participating transplant center for that
17 specific organ or tissue transplant.
18 (19) Naprapathic services, as appropriate, provided
19 by a licensed naprapathic practitioner.
20 c. Exclusions. Covered expenses of the Plan shall not
21 include the following:
22 (1) Any charge for treatment for cosmetic purposes
23 other than for reconstructive surgery when the service is
24 incidental to or follows surgery resulting from injury,
25 sickness or other diseases of the involved part or
26 surgery for the repair or treatment of a congenital
27 bodily defect to restore normal bodily functions.
28 (2) Any charge for care that is primarily for rest,
29 custodial, educational, or domiciliary purposes.
30 (3) Any charge for services in a private room to
31 the extent it is in excess of the institution's charge
32 for its most common semiprivate room, unless a private
33 room is prescribed as medically necessary by a physician.
34 (4) That part of any charge for room and board or
-673- LRB9000999EGfgam01
1 for services rendered or articles prescribed by a
2 physician, dentist, or other health care personnel that
3 exceeds the reasonable and customary charge in the
4 locality or for any services or supplies not medically
5 necessary for the diagnosed injury or illness.
6 (5) Any charge for services or articles the
7 provision of which is not within the scope of licensure
8 of the institution or individual providing the services
9 or articles.
10 (6) Any expense incurred prior to the effective
11 date of coverage by the Plan for the person on whose
12 behalf the expense is incurred.
13 (7) Dental care, dental surgery, dental treatment
14 or dental appliances, except as provided in paragraph
15 (14) of subsection b of this Section.
16 (8) Eyeglasses, contact lenses, hearing aids or
17 their fitting.
18 (9) Illness or injury due to acts of war.
19 (10) Services of blood donors and any fee for
20 failure to replace the first 3 pints of blood provided to
21 a covered person each policy year.
22 (11) Personal supplies or services provided by a
23 hospital or nursing home, or any other nonmedical or
24 nonprescribed supply or service.
25 (12) Routine maternity charges for a pregnancy,
26 except where added as optional coverage with payment of
27 an additional premium for pregnancy resulting from
28 conception occurring after the effective date of the
29 optional coverage.
30 (13) (Blank).
31 (14) Any expense or charge for services, drugs, or
32 supplies that are: (i) not provided in accord with
33 generally accepted standards of current medical practice;
34 (ii) for procedures, treatments, equipment, transplants,
-674- LRB9000999EGfgam01
1 or implants, any of which are investigational,
2 experimental, or for research purposes; (iii)
3 investigative and not proven safe and effective; or (iv)
4 for, or resulting from, a gender transformation
5 operation.
6 (15) Any expense or charge for routine physical
7 examinations or tests.
8 (16) Any expense for which a charge is not made in
9 the absence of insurance or for which there is no legal
10 obligation on the part of the patient to pay.
11 (17) Any expense incurred for benefits provided
12 under the laws of the United States and this State,
13 including Medicare and Medicaid and other medical
14 assistance, military service-connected disability
15 payments, medical services provided for members of the
16 armed forces and their dependents or employees of the
17 armed forces of the United States, and medical services
18 financed on behalf of all citizens by the United States.
19 (18) Any expense or charge for in vitro
20 fertilization, artificial insemination, or any other
21 artificial means used to cause pregnancy.
22 (19) Any expense or charge for oral contraceptives
23 used for birth control or any other temporary birth
24 control measures.
25 (20) Any expense or charge for sterilization or
26 sterilization reversals.
27 (21) Any expense or charge for weight loss
28 programs, exercise equipment, or treatment of obesity,
29 except when certified by a physician as morbid obesity
30 (at least 2 times normal body weight).
31 (22) Any expense or charge for acupuncture
32 treatment unless used as an anesthetic agent for a
33 covered surgery.
34 (23) Any expense or charge for or related to organ
-675- LRB9000999EGfgam01
1 or tissue transplants other than those performed at a
2 hospital with a Board approved organ transplant program
3 that has been designated by the Board as a preferred or
4 exclusive provider organization for that specific organ
5 or tissue transplant.
6 (24) Any expense or charge for procedures,
7 treatments, equipment, or services that are provided in
8 special settings for research purposes or in a controlled
9 environment, are being studied for safety, efficiency,
10 and effectiveness, and are awaiting endorsement by the
11 appropriate national medical speciality college for
12 general use within the medical community.
13 d. Deductibles and coinsurance.
14 The Plan coverage defined in Section 6 shall provide for
15 a choice of deductibles per individual as authorized by the
16 Board. If 2 individual members of the same family household,
17 who are both covered persons under the Plan, satisfy the same
18 applicable deductibles, no other member of that family who is
19 also a covered person under the Plan shall be required to
20 meet any deductibles for the balance of that calendar year.
21 The deductibles must be applied first to the authorized
22 amount of covered expenses incurred by the covered person. A
23 mandatory coinsurance requirement shall be imposed at the
24 rate authorized by the Board in excess of the mandatory
25 deductible, the coinsurance in the aggregate not to exceed
26 such amounts as are authorized by the Board per annum. At
27 its discretion the Board may, however, offer catastrophic
28 coverages or other policies that provide for larger
29 deductibles with or without coinsurance requirements. The
30 deductibles and coinsurance factors may be adjusted annually
31 according to the Medical Component of the Consumer Price
32 Index.
33 e. Scope of coverage.
34 (1) In approving any of the benefit plans to be offered
-676- LRB9000999EGfgam01
1 by the Plan, the Board shall establish such benefit levels,
2 deductibles, coinsurance factors, exclusions, and limitations
3 as it may deem appropriate and that it believes to be
4 generally reflective of and commensurate with health
5 insurance coverage that is provided in the individual market
6 in this State.
7 (2) The benefit plans approved by the Board may also
8 provide for and employ various cost containment measures and
9 other requirements including, but not limited to,
10 preadmission certification, prior approval, second surgical
11 opinions, concurrent utilization review programs, individual
12 case management, preferred provider organizations, health
13 maintenance organizations, and other cost effective
14 arrangements for paying for covered expenses.
15 f. Preexisting conditions.
16 (1) Except for federally eligible individuals
17 qualifying for Plan coverage under Section 15 of this Act
18 or eligible persons who qualify for and elect to purchase
19 the waiver authorized in paragraph (3) of this
20 subsection, plan coverage shall exclude charges or
21 expenses incurred during the first 6 months following the
22 effective date of coverage as to any condition if: (a)
23 the condition had manifested itself within the 6 month
24 period immediately preceding the effective date of
25 coverage in such a manner as would cause an ordinarily
26 prudent person to seek diagnosis, care or treatment; or
27 (b) medical advice, care or treatment was recommended or
28 received within the 6 month period immediately preceding
29 the effective date of coverage.
30 (2) (Blank).
31 (3) Waiver: The preexisting condition exclusions as
32 set forth in paragraph (1) of this subsection shall be
33 waived to the extent to which the eligible person: (a)
34 has satisfied similar exclusions under any prior health
-677- LRB9000999EGfgam01
1 insurance coverage or group health plan that was
2 involuntarily terminated; (b) is ineligible for any
3 continuation coverage that would continue or provide
4 substantially similar coverage following that
5 termination; and (c) has applied for Plan coverage not
6 later than 30 days following the involuntary termination.
7 No policy or plan shall be deemed to have been
8 involuntarily terminated if the master policyholder or
9 other controlling party elected to change insurance
10 coverage from one health insurance issuer or group health
11 plan to another even if that decision resulted in a
12 discontinuation of coverage for any individual under the
13 plan, either totally or for any medical condition. For
14 each eligible person who qualifies for and elects this
15 waiver, there shall be added to each payment of premium,
16 on a prorated basis, a surcharge of up to 10% of the
17 otherwise applicable annual premium for as long as that
18 individual's coverage under the Plan remains in effect or
19 60 months, whichever is less.
20 g. Other sources primary; nonduplication of benefits.
21 (1) The Plan shall be the last payor of benefits
22 whenever any other benefit or source of third party
23 payment is available. Subject to the provisions of
24 subsection e of Section 7, benefits otherwise payable
25 under Plan coverage shall be reduced by all amounts paid
26 or payable by Medicare or any other government program or
27 through any health insurance or group health plan,
28 whether by insurance, reimbursement, or otherwise, or
29 through any third party liability, settlement, judgment,
30 or award, regardless of the date of the settlement,
31 judgment, or award, whether the settlement, judgment, or
32 award is in the form of a contract, agreement, or trust
33 on behalf of a minor or otherwise and whether the
34 settlement, judgment, or award is payable to the covered
-678- LRB9000999EGfgam01
1 person, his or her dependent, estate, personal
2 representative, or guardian in a lump sum or over time,
3 and by all hospital or medical expense benefits paid or
4 payable under any worker's compensation coverage,
5 automobile medical payment, or liability insurance,
6 whether provided on the basis of fault or nonfault, and
7 by any hospital or medical benefits paid or payable under
8 or provided pursuant to any State or federal law or
9 program.
10 (2) The Plan shall have a cause of action against
11 any covered person or any other person or entity for the
12 recovery of any amount paid to the extent the amount was
13 for treatment, services, or supplies not covered in this
14 Section or in excess of benefits as set forth in this
15 Section.
16 (3) Whenever benefits are due from the Plan because
17 of sickness or an injury to a covered person resulting
18 from a third party's wrongful act or negligence and the
19 covered person has recovered or may recover damages from
20 a third party or its insurer, the Plan shall have the
21 right to reduce benefits or to refuse to pay benefits
22 that otherwise may be payable by the amount of damages
23 that the covered person has recovered or may recover
24 regardless of the date of the sickness or injury or the
25 date of any settlement, judgment, or award resulting from
26 that sickness or injury.
27 During the pendency of any action or claim that is
28 brought by or on behalf of a covered person against a
29 third party or its insurer, any benefits that would
30 otherwise be payable except for the provisions of this
31 paragraph (3) shall be paid if payment by or for the
32 third party has not yet been made and the covered person
33 or, if incapable, that person's legal representative
34 agrees in writing to pay back promptly the benefits paid
-679- LRB9000999EGfgam01
1 as a result of the sickness or injury to the extent of
2 any future payments made by or for the third party for
3 the sickness or injury. This agreement is to apply
4 whether or not liability for the payments is established
5 or admitted by the third party or whether those payments
6 are itemized.
7 Any amounts due the plan to repay benefits may be
8 deducted from other benefits payable by the Plan after
9 payments by or for the third party are made.
10 (4) Benefits due from the Plan may be reduced or
11 refused as an offset against any amount otherwise
12 recoverable under this Section.
13 h. Right of subrogation; recoveries.
14 (1) Whenever the Plan has paid benefits because of
15 sickness or an injury to any covered person resulting
16 from a third party's wrongful act or negligence, or for
17 which an insurer is liable in accordance with the
18 provisions of any policy of insurance, and the covered
19 person has recovered or may recover damages from a third
20 party that is liable for the damages, the Plan shall have
21 the right to recover the benefits it paid from any
22 amounts that the covered person has received or may
23 receive regardless of the date of the sickness or injury
24 or the date of any settlement, judgment, or award
25 resulting from that sickness or injury. The Plan shall
26 be subrogated to any right of recovery the covered person
27 may have under the terms of any private or public health
28 care coverage or liability coverage, including coverage
29 under the Workers' Compensation Act or the Workers'
30 Occupational Diseases Act, without the necessity of
31 assignment of claim or other authorization to secure the
32 right of recovery. To enforce its subrogation right, the
33 Plan may (i) intervene or join in an action or proceeding
34 brought by the covered person or his personal
-680- LRB9000999EGfgam01
1 representative, including his guardian, conservator,
2 estate, dependents, or survivors, against any third party
3 or the third party's insurer that may be liable or (ii)
4 institute and prosecute legal proceedings against any
5 third party or the third party's insurer that may be
6 liable for the sickness or injury in an appropriate court
7 either in the name of the Plan or in the name of the
8 covered person or his personal representative, including
9 his guardian, conservator, estate, dependents, or
10 survivors.
11 (2) If any action or claim is brought by or on
12 behalf of a covered person against a third party or the
13 third party's insurer, the covered person or his personal
14 representative, including his guardian, conservator,
15 estate, dependents, or survivors, shall notify the Plan
16 by personal service or registered mail of the action or
17 claim and of the name of the court in which the action or
18 claim is brought, filing proof thereof in the action or
19 claim. The Plan may, at any time thereafter, join in the
20 action or claim upon its motion so that all orders of
21 court after hearing and judgment shall be made for its
22 protection. No release or settlement of a claim for
23 damages and no satisfaction of judgment in the action
24 shall be valid without the written consent of the Plan to
25 the extent of its interest in the settlement or judgment
26 and of the covered person or his personal representative.
27 (3) In the event that the covered person or his
28 personal representative fails to institute a proceeding
29 against any appropriate third party before the fifth
30 month before the action would be barred, the Plan may, in
31 its own name or in the name of the covered person or
32 personal representative, commence a proceeding against
33 any appropriate third party for the recovery of damages
34 on account of any sickness, injury, or death to the
-681- LRB9000999EGfgam01
1 covered person. The covered person shall cooperate in
2 doing what is reasonably necessary to assist the Plan in
3 any recovery and shall not take any action that would
4 prejudice the Plan's right to recovery. The Plan shall
5 pay to the covered person or his personal representative
6 all sums collected from any third party by judgment or
7 otherwise in excess of amounts paid in benefits under the
8 Plan and amounts paid or to be paid as costs, attorneys
9 fees, and reasonable expenses incurred by the Plan in
10 making the collection or enforcing the judgment.
11 (4) In the event that a covered person or his
12 personal representative, including his guardian,
13 conservator, estate, dependents, or survivors, recovers
14 damages from a third party for sickness or injury caused
15 to the covered person, the covered person or the personal
16 representative shall pay to the Plan from the damages
17 recovered the amount of benefits paid or to be paid on
18 behalf of the covered person.
19 (5) When the action or claim is brought by the
20 covered person alone and the covered person incurs a
21 personal liability to pay attorney's fees and costs of
22 litigation, the Plan's claim for reimbursement of the
23 benefits provided to the covered person shall be the full
24 amount of benefits paid to or on behalf of the covered
25 person under this Act less a pro rata share that
26 represents the Plan's reasonable share of attorney's fees
27 paid by the covered person and that portion of the cost
28 of litigation expenses determined by multiplying by the
29 ratio of the full amount of the expenditures to the full
30 amount of the judgement, award, or settlement.
31 (6) In the event of judgment or award in a suit or
32 claim against a third party or insurer, the court shall
33 first order paid from any judgement or award the
34 reasonable litigation expenses incurred in preparation
-682- LRB9000999EGfgam01
1 and prosecution of the action or claim, together with
2 reasonable attorney's fees. After payment of those
3 expenses and attorney's fees, the court shall apply out
4 of the balance of the judgment or award an amount
5 sufficient to reimburse the Plan the full amount of
6 benefits paid on behalf of the covered person under this
7 Act, provided the court may reduce and apportion the
8 Plan's portion of the judgement proportionate to the
9 recovery of the covered person. The burden of producing
10 evidence sufficient to support the exercise by the court
11 of its discretion to reduce the amount of a proven charge
12 sought to be enforced against the recovery shall rest
13 with the party seeking the reduction. The court may
14 consider the nature and extent of the injury, economic
15 and non-economic loss, settlement offers, comparative
16 negligence as it applies to the case at hand, hospital
17 costs, physician costs, and all other appropriate costs.
18 The Plan shall pay its pro rata share of the attorney
19 fees based on the Plan's recovery as it compares to the
20 total judgment. Any reimbursement rights of the Plan
21 shall take priority over all other liens and charges
22 existing under the laws of this State with the exception
23 of any attorney liens filed under the Attorneys Lien Act.
24 (7) The Plan may compromise or settle and release
25 any claim for benefits provided under this Act or waive
26 any claims for benefits, in whole or in part, for the
27 convenience of the Plan or if the Plan determines that
28 collection would result in undue hardship upon the
29 covered person.
30 (Source: P.A. 89-486, eff. 6-21-96; 90-7, eff. 6-10-97;
31 90-30, eff, 7-1-97; revised 8-7-97.)
32 Section 102. The Health Care Purchasing Group Act is
33 amended by changing Section 15 as follows:
-683- LRB9000999EGfgam01
1 (215 ILCS 123/15)
2 Sec. 15. Health care purchasing groups; membership;
3 formation.
4 (a) An HPG may be an organization formed by 2 or more
5 employers with no more than 2,500 covered individuals, an HPG
6 sponsor or a risk-bearer for purposes of contracting for
7 health insurance under this Act to cover employees and
8 dependents of HPG members. An HPG shall not be prevented
9 from supplementing health insurance coverage purchased under
10 this Act by contracting for services from entities licensed
11 and authorized in Illinois to provide those services under
12 the Dental Service Plan Act, the Limited Health Service
13 Organization Act, Vision Service Plan Act, or Voluntary
14 Health Services Plans Act. An HPG may be a separate legal
15 entity or simply a group of 2 or more employers with no more
16 than 2,500 covered individuals aggregated under this Act by
17 an HPG sponsor or risk-bearer for insurance purposes. There
18 shall be no limit as to the number of HPGs that may operate
19 in any geographic area of the State. No insurance risk may
20 be borne or retained by the HPG. All health insurance
21 contracts issued to the HPG must be delivered or issued for
22 delivery in Illinois.
23 (b) Members of an HPG must be Illinois domiciled
24 employers, except that an employer domiciled elsewhere may
25 become a member of an Illinois HPG for the sole purpose of
26 insuring its employees whose place of employment is located
27 within this State. HPG membership may include employers
28 having no more than 2,500 covered individuals.
29 (c) If an HPG is formed by any 2 or more employers with
30 no more than 2,500 covered individuals, it is authorized to
31 negotiate, solicit, market, obtain proposals for, and enter
32 into group or master health insurance contracts on behalf of
33 its members and their employees and employee dependents so
34 long as it meets all of the following requirements:
-684- LRB9000999EGfgam01
1 (1) The HPG must be an organization having the
2 legal capacity to contract and having its legal situs in
3 Illinois.
4 (2) The principal persons responsible for the
5 conduct of the HPG must perform their HPG related
6 functions in Illinois.
7 (3) No HPG may collect premium in its name or hold
8 or manage premium or claim fund accounts unless duly
9 licensed and qualified as a managing general agent
10 pursuant to Section 141a of the Illinois Insurance Code
11 or a third party administrator pursuant to Section
12 511.105 of the Illinois Insurance Code.
13 (4) If the HPG gives an offer, application, notice,
14 or proposal of insurance to an employer, it must disclose
15 to that employer the total cost of the insurance. Dues,
16 fees, or charges to be paid to the HPG, HPG sponsor, or
17 any other entity as a condition to purchasing the
18 insurance must be itemized. The HPG shall also disclose
19 to its members the amount of any dividends, experience
20 refunds, or other such payments it receives from the
21 risk-bearer.
22 (5) An HPG must register with the Director before
23 entering into a group or master health insurance contract
24 on behalf of its members and must renew the registration
25 annually on forms and at times prescribed by the Director
26 in rules specifying, at minimum, (i) the identity of the
27 officers and directors, trustees, or attorney-in-fact of
28 the HPG; (ii) a certification that those persons have not
29 been convicted of any felony offense involving a breach
30 of fiduciary duty or improper manipulation of accounts;
31 and (iii) the number of employer members then enrolled in
32 the HPG, together with any other information that may be
33 needed to carry out the purposes of this Act.
34 (6) At the time of initial registration and each
-685- LRB9000999EGfgam01
1 renewal thereof an HPG shall pay a fee of $100 to the
2 Director.
3 (d) If an HPG is formed by an HPG sponsor or risk-bearer
4 and the HPG performs no marketing, negotiation, solicitation,
5 or proposing of insurance to HPG members, exclusive of
6 ministerial acts performed by individual employers to service
7 their own employees, then a group or master health insurance
8 contract may be issued in the name of the HPG and held by an
9 HPG sponsor, risk-bearer, or designated employer member
10 within the State. In these cases the HPG requirements
11 specified in subsection (c) shall not be applicable, however:
12 (1) the group or master health insurance contract
13 must contain a provision permitting the contract to be
14 enforced through legal action initiated by any employer
15 member or by an employee of an HPG member who has paid
16 premium for the coverage provided;
17 (2) the group or master health insurance contract
18 must be available for inspection and copying by any HPG
19 member, employee, or insured dependent at a designated
20 location within the State at all normal business hours;
21 and
22 (3) any information concerning HPG membership
23 required by rule under item (5) of subsection (c) must be
24 provided by the HPG sponsor in its registration and
25 renewal forms or by the risk-bearer in its annual
26 reports.
27 (Source: P.A. 90-337, eff. 1-1-98; revised 1-21-98.)
28 Section 103. The Health Maintenance Organization Act is
29 amended by changing Sections 1-2, 3-1, 4-6.1, 5-3, 5-6, and
30 6-8 and setting forth and renumbering multiple versions of
31 Section 4-17 as follows:
32 (215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
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1 Sec. 1-2. Definitions. As used in this Act, unless the
2 context otherwise requires, the following terms shall have
3 the meanings ascribed to them:
4 (1) "Advertisement" means any printed or published
5 material, audiovisual material and descriptive literature of
6 the health care plan used in direct mail, newspapers,
7 magazines, radio scripts, television scripts, billboards and
8 similar displays; and any descriptive literature or sales
9 aids of all kinds disseminated by a representative of the
10 health care plan for presentation to the public including,
11 but not limited to, circulars, leaflets, booklets,
12 depictions, illustrations, form letters and prepared sales
13 presentations.
14 (2) "Director" means the Director of Insurance.
15 (3) "Basic health care services" means emergency care,
16 and inpatient hospital and physician care, outpatient medical
17 services, mental health services and care for alcohol and
18 drug abuse, including any reasonable deductibles and
19 co-payments, all of which are subject to such limitations as
20 are determined by the Director pursuant to rule.
21 (4) "Enrollee" means an individual who has been enrolled
22 in a health care plan.
23 (5) "Evidence of coverage" means any certificate,
24 agreement, or contract issued to an enrollee setting out the
25 coverage to which he is entitled in exchange for a per capita
26 prepaid sum.
27 (6) "Group contract" means a contract for health care
28 services which by its terms limits eligibility to members of
29 a specified group.
30 (7) "Health care plan" means any arrangement whereby any
31 organization undertakes to provide or arrange for and pay for
32 or reimburse the cost of basic health care services from
33 providers selected by the Health Maintenance Organization and
34 such arrangement consists of arranging for or the provision
-687- LRB9000999EGfgam01
1 of such health care services, as distinguished from mere
2 indemnification against the cost of such services, except as
3 otherwise authorized by Section 2-3 of this Act, on a per
4 capita prepaid basis, through insurance or otherwise. A
5 "health care plan" also includes any arrangement whereby an
6 organization undertakes to provide or arrange for or pay for
7 or reimburse the cost of any health care service for persons
8 who are enrolled in the integrated health care program
9 established under Section 5-16.3 of the Illinois Public Aid
10 Code through providers selected by the organization and the
11 arrangement consists of making provision for the delivery of
12 health care services, as distinguished from mere
13 indemnification. A "health care plan" also includes any
14 arrangement pursuant to Section 4-17. Nothing in this
15 definition, however, affects the total medical services
16 available to persons eligible for medical assistance under
17 the Illinois Public Aid Code.
18 (8) "Health care services" means any services included
19 in the furnishing to any individual of medical or dental
20 care, or the hospitalization or incident to the furnishing of
21 such care or hospitalization as well as the furnishing to any
22 person of any and all other services for the purpose of
23 preventing, alleviating, curing or healing human illness or
24 injury.
25 (9) "Health Maintenance Organization" means any
26 organization formed under the laws of this or another state
27 to provide or arrange for one or more health care plans under
28 a system which causes any part of the risk of health care
29 delivery to be borne by the organization or its providers.
30 (10) "Net worth" means admitted assets, as defined in
31 Section 1-3 of this Act, minus liabilities.
32 (11) "Organization" means any insurance company, or a
33 nonprofit corporation authorized under the Medical Service
34 Plan Act, the Dental Service Plan Act or, the Voluntary
-688- LRB9000999EGfgam01
1 Health Services Plans Act or the Non-profit Health Care
2 Service Plan Act, or a corporation organized under the laws
3 of this or another state for the purpose of operating one or
4 more health care plans and doing no business other than that
5 of a Health Maintenance Organization or an insurance company.
6 "Organization" shall also mean the University of Illinois
7 Hospital as defined in the University of Illinois Hospital
8 Act.
9 (12) "Provider" means any physician, hospital facility,
10 or other person which is licensed or otherwise authorized to
11 furnish health care services and also includes any other
12 entity that arranges for the delivery or furnishing of health
13 care service.
14 (13) "Producer" means a person directly or indirectly
15 associated with a health care plan who engages in
16 solicitation or enrollment.
17 (14) "Per capita prepaid" means a basis of prepayment by
18 which a fixed amount of money is prepaid per individual or
19 any other enrollment unit to the Health Maintenance
20 Organization or for health care services which are provided
21 during a definite time period regardless of the frequency or
22 extent of the services rendered by the Health Maintenance
23 Organization, except for copayments and deductibles and
24 except as provided in subsection (f) of Section 5-3 of this
25 Act.
26 (15) "Subscriber" means a person who has entered into a
27 contractual relationship with the Health Maintenance
28 Organization for the provision of or arrangement of at least
29 basic health care services to the beneficiaries of such
30 contract.
31 (Source: P.A. 89-90, eff. 6-30-95; 90-177, eff. 7-23-97;
32 90-372, eff. 7-1-98; 90-376, eff. 8-14-97; revised 11-14-97.)
33 (215 ILCS 125/3-1) (from Ch. 111 1/2, par. 1407.3)
-689- LRB9000999EGfgam01
1 Sec. 3-1. Investment Regulations.
2 (a) Any Health Maintenance Organization may invest its
3 funds as provided in this Section and not otherwise. A
4 Health Maintenance Organization that is organized as an
5 insurance company may also acquire the investment assets
6 authorized for an insurance company pursuant to the laws
7 applicable to an insurance company in the organization's
8 state of domicile. Notwithstanding the provisions of this
9 Section, the Director may, after notice and hearing, order an
10 organization to limit or withdraw from certain investments,
11 or discontinue certain investment practices, to the extent
12 the Director finds that such investments or investment
13 practices are hazardous to the financial condition of the
14 organization.
15 (b) No investment or loan shall be made or engaged in by
16 any Health Maintenance Organization unless the same have been
17 authorized or ratified by the board of directors or by a
18 committee thereof charged with the duty of supervising
19 investments and loans. Nothing contained in this subsection
20 shall prevent the board of directors of any such organization
21 from depositing any of its securities with a committee
22 appointed for the purpose of protecting the interest of
23 security holders or with the authorities of any state where
24 it is necessary to do so in order to secure permission to
25 transact its appropriate business therein, and nothing
26 contained in this subsection shall prevent the board of
27 directors of such organization from depositing any securities
28 as collateral for the securing of any bond required for the
29 business of the organization.
30 (c) No Health Maintenance Organization shall pay any
31 commission or brokerage for the purchase or sale of property
32 whether real or personal, in excess of that usual and
33 customary at the time and in the locality where such
34 purchases or sales are made, and information regarding
-690- LRB9000999EGfgam01
1 payments of commissions and brokerage shall be maintained.
2 (d) No such Health Maintenance Organization shall
3 knowingly invest in or loan upon any property, directly or
4 indirectly, whether real or personal, in which any officer or
5 director of such organization has a financial interest, nor
6 shall any such organization make a loan of any kind to any
7 officer or director of such organization, except that this
8 subsection shall not apply in circumstances where the
9 financial interest of such officer or director is only
10 nominal, trifling or so remote as not to give rise to a
11 conflict of interest. In any case, the Director may approve
12 a transaction between such organization and its officers or
13 directors under this subsection if he is satisfied that (i)
14 the transaction is entered into in good faith for the
15 advantage and benefit of the organization, (ii) the amount of
16 the proposed investment or loan does not violate any other
17 provision of this Section nor exceed the reasonable, normal
18 value of the property or the interest which the organization
19 proposes to acquire, and that the transaction is otherwise
20 fair and reasonable, and (iii) the transaction will not
21 adversely affect, to any substantial degree, the liquidity of
22 the organization's investment or its ability thereafter to
23 comply with requirements of this Act or the payment of its
24 claims and obligations.
25 (e) In applying the percentage limitations imposed by
26 this Section there shall be used as a base the total of all
27 assets which would be admitted by this Section without regard
28 to percentage limitations. All legal measurements used as a
29 base in the determination of all investment qualifications
30 shall consist of the amounts determined at the most recent
31 year end adjusted for subsequent acquisition and disposition
32 of investments.
33 (f) Valuation of investments. Investments shall be
34 valued in accordance with the published valuation standards
-691- LRB9000999EGfgam01
1 of the National Association of Insurance Commissioners.
2 Securities investments as to which the National Association
3 of Insurance Commissioners has not published valuation
4 standards in its Valuations of Securities manual or its
5 successor publication shall be valued as follows:
6 (1) All obligations having a fixed term and rate shall,
7 if not in default as to principal or interest, be valued as
8 follows: if purchased at par, at the par value; if purchased
9 above or below par, on the basis of the purchase price
10 adjusted so as to bring the value to par at maturity and so
11 as to yield in the meantime the effective rate of interest at
12 which the purchase was made;
13 (2) Common, preferred or guaranteed stocks shall be
14 valued at market value.
15 (3) Other security investments shall be valued in
16 accordance with regulations promulgated by the Director
17 pursuant to paragraph (6) of this subsection.
18 (4) Other investments, including real property, shall be
19 valued in accordance with regulations promulgated by the
20 Director pursuant to paragraph (6) of this subsection, but in
21 no event shall such other investments be valued at more than
22 the purchase price. The purchase price for real property
23 includes capitalized permanent improvements, less
24 depreciation spread evenly over the life of the property or,
25 at the option of the company, less depreciation computed on
26 any basis permitted under the Internal Revenue Code and
27 regulations thereunder. Such investments that have been
28 affected by permanent declines in value shall be valued at
29 not more than market value.
30 (5) Any investment, including real property, not
31 purchased by the Health Maintenance Organization but acquired
32 in satisfaction of a debt or otherwise shall be valued in
33 accordance with the applicable procedures for that type of
34 investment contained in this subsection. For purposes of
-692- LRB9000999EGfgam01
1 applying the valuation procedures, the purchase price shall
2 be deemed to be the market value at the time the investment
3 is acquired or, in the case of any investment acquired in
4 satisfaction of debt, the amount of the debt, including
5 interest, taxes and expenses, whichever amount is less.
6 (6) The Director shall promulgate rules and regulations
7 for determining and calculating values to be used in
8 financial statements submitted to the Department for
9 investments.
10 (g) Definitions. As used in this Section, unless the
11 context otherwise requires.
12 (1) "Business Corporation" means corporations organized
13 for other than not for profit purposes.
14 (2) "Business Entity" includes sole proprietorships,
15 corporations, associations, partnerships and business trusts.
16 (3) "Bank or Trust Company" means any bank or trust
17 company organized under the laws of the United States or any
18 State thereof if said bank or trust company is regularly
19 examined pursuant to such laws and said bank or trust company
20 has the insurance protection afforded by an agency of the
21 United States government.
22 (4) "Capital" means capital stock paid-up, if any, and
23 its use in a provision does not imply that a non-profit
24 Health Maintenance Organization without stated capital stock
25 is excluded from the provision. The capital of such an
26 organization will be zero.
27 (5) "Direct" when used in connection with "obligation"
28 means that the designated obligor shall be primarily liable
29 on the instrument representing the obligation.
30 (6) "Facility" means and includes real estate and any
31 and all forms of tangible personal property and services used
32 constituting an operating unit.
33 (7) "Guaranteed or insured" means that the guarantor or
34 insurer will perform or insure the obligation of the obligor
-693- LRB9000999EGfgam01
1 or will purchase the obligation to the extent of the guaranty
2 or insurance.
3 (8) "Mortgage" shall include a trust deed or other lien
4 on real property securing an obligation for the payment of
5 money.
6 (9) "Servicer" means a business entity that has a
7 contractual obligation to service a pool of mortgage loans.
8 The service provided shall include, but is not limited to,
9 collection of principal and interest, keeping the accounts
10 current, maintaining or confirming in force hazard insurance
11 and tax status and providing supportive accounting services.
12 (10) "Single credit risk" means the direct, guaranteed
13 or insured obligations of any one business entity including
14 affiliates thereof.
15 (11) "Surplus" means the amount properly shown as total
16 net worth on a company's balance sheet, plus all voluntary
17 reserves, but not including capital paid-up.
18 (12) "Tangible net worth" means the par value of all
19 issued and outstanding capital stock of a corporation (or in
20 the case of shares having no par value, the stated value) and
21 the amounts of all surplus accounts less the sum of (a) such
22 intangible assets as deferred charges, organization and
23 development expense, discount and expense incurred in
24 securing capital, good will, trade-marks, trade-names and
25 patents, (b) leasehold improvements, and (c) any reserves
26 carried by the corporation and not otherwise deducted from
27 assets.
28 (13) "Unconditional" when used in connection with
29 "obligation" means that nothing remains to be done or to
30 occur to make the designated obligor liable on the
31 instrument, and that the legal holder shall have the status
32 at least equal to that of general creditor of the obligor.
33 (h) Authorized investments. Any Health Maintenance
34 Organization, except those organized as an insurance company,
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1 may acquire the assets set forth in paragraphs 1 through 17,
2 inclusive. A Health Maintenance Organization that is
3 organized as an insurance company may acquire the investment
4 assets authorized for an insurance company pursuant to the
5 laws applicable to an insurance company in the organization's
6 state of domicile. Any restriction, exclusion or provision
7 appearing in any paragraph shall apply only with respect to
8 the authorization of the particular paragraph in which it
9 appears and shall not constitute a general prohibition and
10 shall not be applicable to any other paragraph. The
11 qualifications or disqualifications of an investment under
12 one paragraph shall not prevent its qualification in whole or
13 in part under another paragraph, and an investment authorized
14 by more than one paragraph may be held under whichever
15 authorizing paragraph the organization elects. An investment
16 which qualified under any paragraph at the time it was
17 acquired or entered into by an organization shall continue to
18 be qualified under that paragraph. An investment in whole or
19 in part may be transferred from time to time, at the election
20 of the organization, to the authority of any paragraph under
21 which it qualifies, whether originally qualifying thereunder
22 or not.
23 (1) Direct obligations of the United States for the
24 payment of money, or obligations for the payment of money to
25 the extent guaranteed or insured as to the payment of
26 principal and interest by the United States.
27 (2) Direct obligations for the payment of money, issued
28 by an agency or instrumentality of the United States, or
29 obligations for the payment of money to the extent guaranteed
30 or insured as to the payment of principal and interest by an
31 agency or instrumentality of the United States.
32 (3) Direct, general obligations of any state of the
33 United States for the payment of money, or obligations for
34 the payment of money to the extent guaranteed or insured as
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1 to the payment of principal and interest by any state of the
2 United States, on the following conditions:
3 (i) Such state has the power to levy taxes for the
4 prompt payment of the principal and interest of such
5 obligations; and
6 (ii) Such state shall not be in default in the payment
7 of principal or interest on any of its direct, guaranteed or
8 insured obligations at the date of such investment.
9 (4) Direct, general obligations of any political
10 subdivision of any state of the United States for the payment
11 of money, or obligations for the payment of money to the
12 extent guaranteed as to the payment of principal and interest
13 by any political subdivision of any state of the United
14 States, on the following conditions:
15 (i) The obligations are payable or guaranteed from ad
16 valorem taxes;
17 (ii) Such political subdivision is not in default in the
18 payment of principal or interest on any of its direct or
19 guaranteed obligations;
20 (iii) No investment shall be made under this paragraph
21 in obligations which are secured only by special assessments
22 for local improvements; and
23 (iv) An organization shall not invest under this
24 paragraph more than 2% of its admitted assets in obligations
25 issued or guaranteed by any one such political subdivision.
26 (5) Anticipation obligations of any political
27 subdivision of any state of the United States, including but
28 not limited to bond anticipation notes, tax anticipation
29 notes and construction anticipation notes, for the payment of
30 money within 12 months from the issuance of the obligation,
31 on the following conditions:
32 (i) Such anticipation notes must be a direct obligation
33 of the issuer under conditions set forth in paragraph 4;
34 (ii) Such political subdivision is not in default in the
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1 payment of the principal or interest on any of its direct
2 general obligations or any obligation guaranteed by such
3 political subdivision;
4 (iii) The anticipated funds must be specifically pledged
5 to secure the obligation;
6 (iv) An organization shall not invest under this
7 paragraph more than 2% of its admitted assets in the
8 anticipation obligations issued by any one such political
9 subdivision.
10 (6) Obligations of any state of the United States, a
11 political subdivision thereof, or a public instrumentality of
12 any one or more of the foregoing, for the payment of money,
13 on the following conditions:
14 (i) The obligations are payable from revenues or
15 earnings of a public utility of such state, political
16 subdivision, or public instrumentality which are specifically
17 pledged therefor;
18 (ii) The law under which the obligations are issued
19 requires such rates for service shall be charged and
20 collected at all times that they will produce sufficient
21 revenue or earnings together with any other revenues or
22 moneys pledged to pay all operating and maintenance charges
23 of the public utility and all principal and interest on such
24 obligations;
25 (iii) No prior or parity obligations payable from the
26 revenues or earnings of that public utility are in default at
27 the date of such investment;
28 (iv) An organization shall not invest more than 20% of
29 its admitted assets under this paragraph; and
30 (v) An organization shall not invest under this Section
31 more than 2% of its admitted assets in the revenue
32 obligations issued in connection with any one facility.
33 (7) Obligations of any state of the United States, a
34 political subdivision thereof, or a public instrumentality of
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1 any of the foregoing, for the payment of money, on the
2 following conditions:
3 (i) The obligations are payable from revenues or
4 earnings, excluding revenues or earnings from public
5 utilities, specifically pledged therefor by such state,
6 political subdivision or public instrumentality;
7 (ii) No prior or parity obligation of the same issuer
8 payable from revenues or earnings from the same source has
9 been in default as to principal or interest during the 5
10 years next preceding the date of such investment, but such
11 issuer need not have been in existence for that period, and
12 obligations acquired under this paragraph may be newly
13 issued;
14 (iii) An organization shall not invest in excess of 20%
15 of its admitted assets under this paragraph; and
16 (iv) An organization shall not invest under this
17 paragraph more than 2% of its admitted assets in the revenue
18 obligations issued in connection with any one facility;
19 (v) An organization shall not invest under this
20 paragraph more than 2% of its admitted assets in revenue
21 obligations payable from revenue or earning sources which are
22 the contractual responsibility of any one single credit risk.
23 (8) Direct, unconditional obligations of a solvent
24 business corporation for the payment of money, including
25 obligations to pay rent for equipment used in its business or
26 obligations for the payment of money to the extent guaranteed
27 or insured as to the payment of principal and interest by any
28 solvent business corporation, on the following conditions:
29 (i) The corporation shall be incorporated under the laws
30 of the United States or any state of the United States;
31 (ii) The corporation shall have tangible net worth of
32 not less than $1,000,000;
33 (iii) No such obligation, guarantee or insurance of the
34 corporation has been in default as to principal or interest
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1 during the 5 years preceding the date of investment, but the
2 corporation need not have had obligations guarantees or
3 insurance outstanding during that period and need not have
4 been in existence for that period, and obligations acquired
5 under this paragraph may be newly issued;
6 (iv) An organization shall not invest more than 2% of
7 its admitted assets in obligations issued, guaranteed or
8 insured by any one such corporation;
9 (v) An organization may invest under this paragraph up
10 to an additional 2% of its admitted assets in obligations
11 which (i) are issued, guaranteed or insured by any one or
12 more such corporations, each having a tangible net worth of
13 not less than $25,000,000 and (ii) mature within 12 months
14 from the date of acquisition;
15 (vi) An organization may invest not more than 1/2 of 1%
16 of its admitted assets in such obligations of corporations
17 which do not meet the condition of subparagraph (ii) of this
18 paragraph; and
19 (vii) An organization shall not invest more than 75% of
20 its admitted assets under this paragraph.
21 (9) Direct, unconditional obligations for the payment of
22 money issued or obligations for the payment of money to the
23 extent guaranteed as to principal and interest by a solvent
24 not for profit corporation, on the following conditions:
25 (i) The corporation shall be incorporated under the laws
26 of the United States or of any state of the United States;
27 (ii) The corporation shall have been in existence for at
28 least 5 years and shall have assets of at least $2,000,000;
29 (iii) Revenues or other income from such assets and the
30 services or commodities dispensed by the corporation shall be
31 pledged for the payment of the obligations or guarantees;
32 (iv) No such obligation or guarantee of the corporation
33 has been in default as to principal or interest during the 5
34 years next preceding the date of such investment, but the
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1 corporation need not have had obligations or guarantees
2 outstanding during that period and obligations which are
3 acquired under this paragraph on may be newly issued;
4 (v) An organization shall not invest more than 15% of
5 its admitted assets under this paragraph; and
6 (vi) An organization shall not invest under this
7 paragraph more than 2% of its admitted assets in the
8 obligations issued or guaranteed by any one such corporation.
9 (10) Direct, unconditional nondemand obligations for the
10 payment of money issued by a solvent bank, mutual savings
11 bank or trust company on the following conditions:
12 (i) The bank, mutual savings bank or trust company shall
13 be incorporated under the laws of the United States, or of
14 any state of the United States;
15 (ii) The bank, mutual savings bank or trust company
16 shall have tangible net worth of not less than $1,000,000;
17 (iii) Such obligations must be of the type which are
18 insured by an agency of the United States or have a maturity
19 of no more than 1 day;
20 (iv) An organization shall not invest under this
21 paragraph more than the amount which is fully insured by an
22 agency of the United States plus 2% of its admitted assets in
23 nondemand obligations issued by any one such financial
24 institution; and
25 (v) An organization may invest under this paragraph up
26 to an additional 8% of its admitted assets in nondemand
27 obligations which (1) are issued by any such banks, mutual
28 savings banks or trust companies, each having a tangible net
29 worth of not less than $25,000,000 and (2) mature within 12
30 months from the date of acquisition.
31 (11) Preferred or guaranteed stocks issued or guaranteed
32 by a solvent business corporation incorporated under the laws
33 of the United States or any state of the United States, on
34 the following conditions:
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1 (i) The corporation shall have tangible net worth of not
2 less than $1,000,000;
3 (ii) If such stocks have been outstanding prior to
4 purchase, an organization shall not invest under this
5 paragraph in such stock if prescribed current or cumulative
6 dividends are in arrears;
7 (iii) An organization shall not invest more than 33 1/3%
8 of its admitted assets under this paragraph and an
9 organization shall not invest more than 15% of its admitted
10 assets under this paragraph in stocks which, at the time of
11 purchase, are not Sinking Fund Stocks. An issue of preferred
12 or guaranteed stock shall be a Sinking Fund Stock when (1)
13 such issue is subject to a 100% mandatory sinking fund or
14 similar arrangement which will provide for the redemption of
15 the entire issue over a period not longer than 40 years from
16 the date of purchase; (2) annual mandatory sinking fund
17 installments on each issue commence not more than 10 years
18 from the date of issue; and (3) each annual sinking fund
19 installment provides for the purchase or redemption of at
20 least 2 1/2% of the original number of shares of such issue;
21 and
22 (iv) An organization shall not invest under this
23 paragraph more than 2% of its admitted assets in the
24 preferred or guaranteed stocks of any one such corporation.
25 (12) Common stock issued by any solvent business
26 corporation incorporated under the laws of the United States,
27 or of any state of the United States, on the following
28 conditions:
29 (i) The issuing corporation must have tangible net worth
30 of $1,000,000 or more;
31 (ii) An organization may not invest more than an amount
32 equal to its net worth under this paragraph; and
33 (iii) An organization may not invest under this
34 paragraph an amount equal to more than 10% of its net worth
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1 in the common stock of any one corporation.
2 (13) Shares of common stock or units of beneficial
3 interest issued by any solvent business corporation or trust
4 incorporated or organized under the laws of the United
5 States, or of any state of the United States, on the
6 following conditions:
7 (i) If the issuing corporation or trust is advised by an
8 investment advisor which is the organization or an affiliate
9 of the organization, the issuing corporation or trust shall
10 have net assets of $100,000 or more, or if the issuing
11 corporation or trust has an unaffiliated investment advisor,
12 the issuing corporation or trust shall have net assets of
13 $10,000,000 or more;
14 (ii) The issuing corporation or trust is registered as
15 an investment company with the Securities and Exchange
16 Commission under the Investment Company Act of 1940, as
17 amended;
18 (iii) An organization shall not invest under this
19 paragraph more than the greater of $100,000 or 10% of its
20 admitted assets in any one bond fund, municipal bond fund or
21 money market fund;
22 (iv) An organization shall not invest under this
23 paragraph more than 10% of its net worth in any one common
24 stock fund, balanced fund or income fund;
25 (v) An organization shall not invest more than 50% of
26 its admitted assets in bond funds, municipal bond funds and
27 money market funds under this paragraph; and
28 (vi) An organization's investments in common stock
29 funds, balanced funds or income funds when combined with its
30 investments in common stocks made under paragraph (12) shall
31 not exceed the aggregate limitation provided by subparagraph
32 (ii) of paragraph (12).
33 (14) Shares of, or accounts or deposits with savings and
34 loan associations or building and loan associations, on the
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1 following conditions:
2 (i) The shares, accounts, or deposits, or investments in
3 any form legally issuable shall be of a withdrawable type and
4 issued by an association which has the insurance protection
5 afforded by the Federal Savings and Loan Insurance
6 Corporation; but nonwithdrawable accounts which are not
7 eligible for insurance by the Federal Savings and Loan
8 Insurance Corporation shall not be eligible for investment
9 under this paragraph;
10 (ii) The association shall have tangible net worth of
11 not less than $1,000,000;
12 (iii) The investment shall be in the name of and owned
13 by the organization, unless the account is under a
14 trusteeship with the organization named as the beneficiary;
15 (iv) An organization shall not invest more than 50% of
16 its admitted assets under this paragraph; and
17 (v) Under this paragraph, an organization shall not
18 invest in any one such association an amount in excess of 2%
19 of its admitted assets or an amount which is fully insured by
20 the Federal Savings and Loan Insurance Corporation, whichever
21 is greater.
22 (15) Direct, unconditional obligations for the payment
23 of money secured by the pledge of any investment which is
24 authorized by any of the preceding paragraphs, on the
25 following conditions:
26 (i) The investment pledged shall by its terms be legally
27 assignable and shall be validly assigned to the organization;
28 (ii) The investment pledged shall have a fair market
29 value which is at least 25% greater than the amount invested
30 under this paragraph, except that a loan may be made up to
31 100% of the full fair market value of collateral that would
32 qualify as an investment under paragraph (1) provided it
33 qualifies under condition (i) of this paragraph; and
34 (iii) An organization's investment under this paragraph
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1 when added to its investment of the category of the
2 collateral pledged shall not cause the sum to exceed the
3 limits provided by the paragraph authorizing that category of
4 investments.
5 (16) Real estate (including leasehold estates and
6 leasehold improvements) for the convenient accommodation of
7 the organization's business operations, including home
8 office, branch office, medical facilities and field office
9 operations, on the following conditions:
10 (i) Any parcel of real estate acquired under this
11 paragraph may include excess space for rent to others, if it
12 is reasonably anticipated that such excess will be required
13 by the organization for expansion or if the excess is
14 reasonably required in order to have one or more buildings
15 that will function as an economic unit;
16 (ii) Such real estate may be subject to a mortgage; and
17 (iii) The greater of the admitted value of the asset as
18 determined by subsection (f) or the organization's equity
19 plus all encumbrances on such real estate owned by a company
20 under this paragraph shall not exceed 20% of its admitted
21 assets, except with the permission of the Director if he
22 finds that such percentage of its admitted assets is
23 insufficient to provide convenient accommodation for the
24 company's business; provided, however, an organization that
25 directly provides medical services may invest an additional
26 20% of its admitted assets in such real estate, not requiring
27 the permission of the Director.
28 (17) Any investments of any kind, in the complete
29 discretion of the organization, without regard to any
30 condition of, restriction in, or exclusion from paragraphs
31 (1) to (16), inclusive, and regardless of whether the same or
32 a similar type of investment has been included in or omitted
33 from any such paragraph, on the following condition:
34 (a) An organization shall not invest under this
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1 paragraph more than the lesser of (i) 10% of its admitted
2 assets, or (ii) 50% of the amount by which its net worth
3 exceeds the minimum requirements of a new health maintenance
4 organization to qualify for a certificate of authority.
5 (Source: P.A. 86-620; revised 12-18-97.)
6 (215 ILCS 125/4-6.1) (from Ch. 111 1/2, par. 1408.7)
7 Sec. 4-6.1. Mammograms. (a) Every contract or evidence of
8 coverage issued by a Health Maintenance Organization for
9 persons who are residents of this State shall contain
10 coverage for screening by low-dose mammography for all women
11 35 years of age or older for the presence of occult breast
12 cancer. The coverage shall be as follows:
13 (1) A baseline mammogram for women 35 to 39 years
14 of age.
15 (2) An annual mammogram for women 40 years of age
16 or older.
17 These benefits shall be at least as favorable as for
18 other radiological examinations and subject to the same
19 dollar limits, deductibles, and co-insurance factors. For
20 purposes of this Section, "low-dose mammography" means the
21 x-ray examination of the breast using equipment dedicated
22 specifically for mammography, including the x-ray tube,
23 filter, compression device, and image receptor, with
24 radiation exposure delivery of less than 1 rad per breast for
25 2 views of an average size breast.
26 (Source: P.A. 90-7, eff. 6-10-97; revised 7-29-97.)
27 (215 ILCS 125/4-17)
28 Sec. 4-17. Basic outpatient preventive and primary health
29 care services for children. In order to attempt to address
30 the needs of children in Illinois (i) without health care
31 coverage, either through a parent's employment, through
32 medical assistance under the Illinois Public Aid Code, or any
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1 other health plan or (ii) who lose medical assistance if and
2 when their parents move from welfare to work and do not find
3 employment that offers health care coverage, a health
4 maintenance organization may undertake to provide or arrange
5 for and to pay for or reimburse the cost of basic outpatient
6 preventive and primary health care services. The Department
7 shall promulgate rules to establish minimum coverage and
8 disclosure requirements. These requirements at a minimum
9 shall include routine physical examinations and
10 immunizations, sick visits, diagnostic x-rays and laboratory
11 services, and emergency outpatient services. Coverage may
12 also include preventive dental services, vision screening and
13 one pair of eyeglasses, prescription drugs, and mental health
14 services. The coverage may include any reasonable
15 co-payments, deductibles, and benefit maximums subject to
16 limitations established by the Director by rule. Coverage
17 shall be limited to children who are 18 years of age or
18 under, who have resided in the State of Illinois for at least
19 30 days, and who do not qualify for medical assistance under
20 the Illinois Public Aid Code. Any such coverage shall be
21 made available to an adult on behalf of such children and
22 shall not be funded through State appropriations. In
23 counties with populations in excess of 3,000,000, the
24 Director shall not approve any arrangement under this Section
25 unless and until an arrangement for at least one health
26 maintenance organization under contract with the Illinois
27 Department of Public Aid for furnishing health services
28 pursuant to Section 5-11 of the Illinois Public Aid Code and
29 for which the requirements of 42 CFR 434.26(a) have been
30 waived is approved.
31 (Source: P.A. 90-376, eff. 8-14-97.)
32 (215 ILCS 125/4-18)
33 Sec. 4-18. 4-17. Retirement facility residents. With
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1 respect to an enrollee who is a resident of a retirement
2 facility consisting of a long-term care facility, as defined
3 in the Nursing Home Care Act, and residential apartments, a
4 contract or evidence of coverage issued, amended, delivered,
5 or renewed after the effective date of this amendatory Act of
6 1997 shall provide that the enrollee's primary care physician
7 must refer the enrollee to the retirement facility's
8 long-term care facility for Medicare covered skilled nursing
9 services if the primary care physician finds that:
10 (1) it is in the best interests of the patient;
11 (2) the facility, if not a participating provider
12 in the specific health maintenance organization, agrees
13 during the preauthorization period to a negotiated rate
14 for skilled nursing services covered in that
15 organization's health care plan; and
16 (3) the facility meets all the requirements of a
17 participating provider for skilled nursing services as
18 defined and covered under the health maintenance
19 organization's health care plan.
20 Both the facility and the health maintenance organization
21 must fully disclose all pertinent information to consumers to
22 assure that their decisions are based upon full knowledge of
23 the implications of their decision making.
24 (Source: P.A. 90-408, eff. 1-1-98; revised 11-19-97.)
25 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
26 Sec. 5-3. Insurance Code provisions.
27 (a) Health Maintenance Organizations shall be subject to
28 the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
29 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
30 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356t, 367i,
31 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, paragraph
32 (c) of subsection (2) of Section 367, and Articles VIII 1/2,
33 XII, XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois
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1 Insurance Code.
2 (b) For purposes of the Illinois Insurance Code, except
3 for Articles XIII and XIII 1/2, Health Maintenance
4 Organizations in the following categories are deemed to be
5 "domestic companies":
6 (1) a corporation authorized under the Medical
7 Service Plan Act, the Dental Service Plan Act or, the
8 Voluntary Health Services Plans Plan Act, or the
9 Nonprofit Health Care Service Plan Act;
10 (2) a corporation organized under the laws of this
11 State; or
12 (3) a corporation organized under the laws of
13 another state, 30% or more of the enrollees of which are
14 residents of this State, except a corporation subject to
15 substantially the same requirements in its state of
16 organization as is a "domestic company" under Article
17 VIII 1/2 of the Illinois Insurance Code.
18 (c) In considering the merger, consolidation, or other
19 acquisition of control of a Health Maintenance Organization
20 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
21 (1) the Director shall give primary consideration
22 to the continuation of benefits to enrollees and the
23 financial conditions of the acquired Health Maintenance
24 Organization after the merger, consolidation, or other
25 acquisition of control takes effect;
26 (2)(i) the criteria specified in subsection (1)(b)
27 of Section 131.8 of the Illinois Insurance Code shall not
28 apply and (ii) the Director, in making his determination
29 with respect to the merger, consolidation, or other
30 acquisition of control, need not take into account the
31 effect on competition of the merger, consolidation, or
32 other acquisition of control;
33 (3) the Director shall have the power to require
34 the following information:
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1 (A) certification by an independent actuary of
2 the adequacy of the reserves of the Health
3 Maintenance Organization sought to be acquired;
4 (B) pro forma financial statements reflecting
5 the combined balance sheets of the acquiring company
6 and the Health Maintenance Organization sought to be
7 acquired as of the end of the preceding year and as
8 of a date 90 days prior to the acquisition, as well
9 as pro forma financial statements reflecting
10 projected combined operation for a period of 2
11 years;
12 (C) a pro forma business plan detailing an
13 acquiring party's plans with respect to the
14 operation of the Health Maintenance Organization
15 sought to be acquired for a period of not less than
16 3 years; and
17 (D) such other information as the Director
18 shall require.
19 (d) The provisions of Article VIII 1/2 of the Illinois
20 Insurance Code and this Section 5-3 shall apply to the sale
21 by any health maintenance organization of greater than 10% of
22 its enrollee population (including without limitation the
23 health maintenance organization's right, title, and interest
24 in and to its health care certificates).
25 (e) In considering any management contract or service
26 agreement subject to Section 141.1 of the Illinois Insurance
27 Code, the Director (i) shall, in addition to the criteria
28 specified in Section 141.2 of the Illinois Insurance Code,
29 take into account the effect of the management contract or
30 service agreement on the continuation of benefits to
31 enrollees and the financial condition of the health
32 maintenance organization to be managed or serviced, and (ii)
33 need not take into account the effect of the management
34 contract or service agreement on competition.
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1 (f) Except for small employer groups as defined in the
2 Small Employer Rating, Renewability and Portability Health
3 Insurance Act and except for medicare supplement policies as
4 defined in Section 363 of the Illinois Insurance Code, a
5 Health Maintenance Organization may by contract agree with a
6 group or other enrollment unit to effect refunds or charge
7 additional premiums under the following terms and conditions:
8 (i) the amount of, and other terms and conditions
9 with respect to, the refund or additional premium are set
10 forth in the group or enrollment unit contract agreed in
11 advance of the period for which a refund is to be paid or
12 additional premium is to be charged (which period shall
13 not be less than one year); and
14 (ii) the amount of the refund or additional premium
15 shall not exceed 20% of the Health Maintenance
16 Organization's profitable or unprofitable experience with
17 respect to the group or other enrollment unit for the
18 period (and, for purposes of a refund or additional
19 premium, the profitable or unprofitable experience shall
20 be calculated taking into account a pro rata share of the
21 Health Maintenance Organization's administrative and
22 marketing expenses, but shall not include any refund to
23 be made or additional premium to be paid pursuant to this
24 subsection (f)). The Health Maintenance Organization and
25 the group or enrollment unit may agree that the
26 profitable or unprofitable experience may be calculated
27 taking into account the refund period and the immediately
28 preceding 2 plan years.
29 The Health Maintenance Organization shall include a
30 statement in the evidence of coverage issued to each enrollee
31 describing the possibility of a refund or additional premium,
32 and upon request of any group or enrollment unit, provide to
33 the group or enrollment unit a description of the method used
34 to calculate (1) the Health Maintenance Organization's
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1 profitable experience with respect to the group or enrollment
2 unit and the resulting refund to the group or enrollment unit
3 or (2) the Health Maintenance Organization's unprofitable
4 experience with respect to the group or enrollment unit and
5 the resulting additional premium to be paid by the group or
6 enrollment unit.
7 In no event shall the Illinois Health Maintenance
8 Organization Guaranty Association be liable to pay any
9 contractual obligation of an insolvent organization to pay
10 any refund authorized under this Section.
11 (Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98;
12 90-177, eff. 7-23-97; 90-372, eff. 7-1-98; revised 11-21-97.)
13 (215 ILCS 125/5-6) (from Ch. 111 1/2, par. 1414)
14 Sec. 5-6. Supervision of rehabilitation, liquidation or
15 conservation by the Director.
16 (a) For purposes of the rehabilitation, liquidation or
17 conservation of a health maintenance organization, the
18 operation of a health maintenance organization in this State
19 constitutes a form of insurance protection which should be
20 governed by the same provisions governing the rehabilitation,
21 liquidation or conservation of insurance companies. Any
22 rehabilitation, liquidation or conservation of a Health
23 Maintenance Organization shall be based upon the grounds set
24 forth in and subject to the provisions of the laws of this
25 State regarding the rehabilitation, liquidation, or
26 conservation of an insurance company and shall be conducted
27 under the supervision of the Director. Insolvency, as a
28 ground for rehabilitation, liquidation, or conservation of a
29 Health Maintenance Organization, shall be recognized when a
30 Health Maintenance Organization cannot be expected to satisfy
31 its financial obligations when such obligations are to become
32 due or when the Health Maintenance Organization has neglected
33 to correct within the time prescribed by subsection (c) of
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1 Section 2-4, a deficiency occurring due to such
2 organization's prescribed minimum net worth or special
3 contingent reserve being impaired. For purpose of
4 determining the priority of distribution of general assets,
5 claims of enrollees and enrollees' beneficiaries shall have
6 the same priority as established by Section 205 of the
7 Illinois Insurance Code for policyholders and beneficiaries
8 of insureds of insurance companies. If an enrollee is liable
9 to any provider for services provided pursuant to and covered
10 by the health care plan, that liability shall have the status
11 of an enrollee claim for distribution of general assets.
12 Any provider who is obligated by statute or agreement to
13 hold enrollees harmless from liability for services provided
14 pursuant to and covered by a health care plan shall have a
15 priority of distribution of the general assets immediately
16 following that of enrollees and enrollees' beneficiaries as
17 described herein, and immediately preceding the priority of
18 distribution described in paragraph (e) of subsection (1) of
19 Section 205 of the Illinois Insurance Code.
20 (b) For purposes of Articles XIII and XIII-1/2 of the
21 Illinois Insurance Code, organizations in the following
22 categories shall be deemed to be a "domestic company" and a
23 "domiciliary company":
24 (i) a corporation authorized under the Medical
25 Service Plan Act, the Dental Service Plan Act or, the
26 Voluntary Health Services Plans Act or the Non-Profit
27 Health Care Service Plan Act;
28 (ii) a corporation organized under the laws of this
29 State; or
30 (iii) a corporation organized under the laws of
31 another state, 20% or more of the enrollees of which are
32 residents of this State, except where such a corporation
33 is, in its state of incorporation, subject to
34 rehabilitation, liquidation and conservation under the
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1 laws relating to insurance companies.
2 (c) In the event of the insolvency of a health
3 maintenance organization, no enrollee of such organization
4 shall be liable to any provider for medical services rendered
5 by such provider, except for applicable co-payments or
6 deductibles for covered services or fees for services not
7 covered by the health maintenance organization, with respect
8 to the amounts such provider is not paid by the Association
9 pursuant to the provisions of Section 6-8 (8)(b) and (c). No
10 provider, whether or not the provider is obligated by statute
11 or agreement to hold enrollees harmless from liability, shall
12 seek to recover any such amount from any enrollee until the
13 Association has made a final determination of its liability
14 (or the resolution of any dispute or litigation resulting
15 therefrom) with respect to the matters specified in such
16 provisions. In the event that the provider seeks to recover
17 such amounts before the Association's final determination of
18 its liability (or the resolution of any dispute or litigation
19 resulting therefrom), the provider shall be liable for all
20 reasonable costs and attorney fees incurred by the Director
21 or the Association in enforcing this provision or any court
22 orders related hereto.
23 (Source: P.A. 89-206, eff. 7-21-95; 90-177, eff. 7-23-97;
24 90-372, eff. 7-1-98; revised 11-14-97.)
25 (215 ILCS 125/6-8) (from Ch. 111 1/2, par. 1418.8)
26 Sec. 6-8. Powers and duties of the Association. In
27 addition to the powers and duties enumerated in other
28 Sections of this Article, the Association shall have the
29 powers set forth in this Section.
30 (1) If a domestic organization is an impaired
31 organization, the Association may, subject to any conditions
32 imposed by the Association other than those which impair the
33 contractual obligations of the impaired organization, and
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1 approved by the impaired organization and the Director:
2 (a) guarantee or reinsure, or cause to be
3 guaranteed, assumed or reinsured, any or all of the
4 covered health care plan certificates of covered persons
5 of the impaired organization;
6 (b) provide such monies, pledges, notes,
7 guarantees, or other means as are proper to effectuate
8 paragraph (a), and assure payment of the contractual
9 obligations of the impaired organization pending action
10 under paragraph (a); and
11 (c) loan money to the impaired organization.;
12 (2) If a domestic, foreign, or alien organization is an
13 insolvent organization, the Association shall, subject to the
14 approval of the Director:
15 (a) guarantee, assume, indemnify or reinsure or
16 cause to be guaranteed, assumed, indemnified or reinsured
17 the covered health care plan benefits of covered persons
18 of the insolvent organization; however, in the event that
19 the Director of the Department of Public Aid assigns
20 individuals that are recipients of public aid from an
21 insolvent organization to another organization, the
22 Director of the Department of Public Aid shall, before
23 fixing the rates to be paid by the Department of Public
24 Aid to the transferee organization on account of such
25 individuals, consult with the Director of the Department
26 of Insurance as to the reasonableness of such rates in
27 light of the health care needs of such individuals and
28 the costs of providing health care services to such
29 individuals;.
30 (b) assure payment of the contractual obligations
31 of the insolvent organization to covered persons;
32 (c) make payments to providers of health care, or
33 indemnity payments to covered persons, so as to assure
34 the continued payment of benefits substantially similar
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1 to those provided for under covered health care plan
2 certificate issued by the insolvent organization to
3 covered persons; and
4 (d) provide such monies, pledges, notes,
5 guaranties, or other means as are reasonably necessary to
6 discharge such duties.
7 (e) Provided, however, that This subsection (2) shall
8 not apply when the Director has determined that the foreign
9 or alien organization's domiciliary jurisdiction or state of
10 entry provides, by statute, protection substantially similar
11 to that provided by this Article for residents of this State
12 and such protection will be provided in a timely manner.
13 (3) There shall be no liability on the part of and no
14 cause of action shall arise against the Association or
15 against any transferee from the Association in connection
16 with the transfer by reinsurance or otherwise of all or any
17 part of an impaired or insolvent organization's business by
18 reason of any action taken or any failure to take any action
19 by the impaired or insolvent organization at any time.
20 (4) If the Association fails to act within a reasonable
21 period of time as provided in subsection (2) of this Section
22 with respect to an insolvent organization, the Director shall
23 have the powers and duties of the Association under this
24 Article with regard to such insolvent organization.
25 (5) The Association or its designated representatives
26 may render assistance and advice to the Director, upon his
27 request, concerning rehabilitation, payment of claims,
28 continuations of coverage, or the performance of other
29 contractual obligations of any impaired or insolvent
30 organization.
31 (6) The Association has standing to appear before any
32 court concerning all matters germane to the powers and duties
33 of the Association, including, but not limited to, proposals
34 for reinsuring or guaranteeing the covered health care plan
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1 certificates of the impaired or insolvent organization and
2 the determination of the covered health care plan
3 certificates and contractual obligations.
4 (7) (a) Any person receiving benefits under this Article
5 is deemed to have assigned the rights under the covered
6 health care plan certificates to the Association to the
7 extent of the benefits received because of this Article
8 whether the benefits are payments of contractual obligations
9 or continuation of coverage. The Association may require an
10 assignment to it of such rights by any payee, enrollee or
11 beneficiary as a condition precedent to the receipt of any
12 rights or benefits conferred by this Article upon such
13 person. The Association is subrogated to these rights
14 against the assets of any insolvent organization and against
15 any other party who may be liable to such payee, enrollee or
16 beneficiary.
17 (b) The subrogation rights of the Association under this
18 subsection have the same priority against the assets of the
19 insolvent organization as that possessed by the person
20 entitled to receive benefits under this Article.
21 (8) (a) The contractual obligations of the insolvent
22 organization for which the Association becomes or may become
23 liable are as great as but no greater than the contractual
24 obligations of the insolvent organization would have been in
25 the absence of an insolvency unless such obligations are
26 reduced as permitted by subsection (3), but the aggregate
27 liability of the Association shall not exceed $300,000 with
28 respect to any one natural person.
29 (b) Furthermore, the Association shall not be required
30 to pay, and shall have no liability to, any provider of
31 health care services to an enrollee:
32 (i) if such provider, or his or its affiliates or
33 members of his immediate family, at any time within the
34 one year prior to the date of the issuance of the first
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1 order, by a court of competent jurisdiction, of
2 conservation, rehabilitation or liquidation pertaining to
3 the health maintenance organization:
4 (A) was a securityholder of such organization
5 (but excluding any securityholder holding an equity
6 interest of 5% or less);
7 (B) exercised control over the organization by
8 means such as serving as an officer or director,
9 through a management agreement or as a principal
10 member of a not-for-profit organization;
11 (C) had a representative serving by virtue or
12 his or her official position as a representative of
13 such provider on the board of any entity which
14 exercised control over the organization;
15 (D) received provider payments made by such
16 organization pursuant to a contract which was not a
17 product of arms-length bargaining; or
18 (E) received distributions other than for
19 physician services from a not-for-profit
20 organization on account of such provider's status as
21 a a member of such organization.
22 For purposes of this subparagraph (i), the terms
23 "affiliate," "person," "control" and "securityholder"
24 shall have the meanings ascribed to such terms in Section
25 131.1 of the Illinois Insurance Code; or
26 (ii) if and to the extent such a provider has
27 agreed by contract not to seek payment from the enrollee
28 for services provided to such enrollee or if, and to the
29 extent, as a matter of law such provider may not seek
30 payment from the enrollee for services provided to such
31 enrollee.
32 (c) In no event shall the Association be required to pay
33 any provider participating in the insolvent organization any
34 amount for in-plan services rendered by such provider prior
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1 to the insolvency of the organization in excess of (1) the
2 amount provided by a capitation contract between a physician
3 provider and the insolvent organization for such services; or
4 (2) the amounts provided by contract between a hospital
5 provider and the Department of Public Aid for similar
6 services to recipients of public aid; or (3) in the event
7 neither (1) nor (2) above is applicable, then the amounts
8 paid under the Medicare area prevailing rate for the area
9 where the services were provided, or if no such rate exists
10 with respect to such services, then 80% of the usual and
11 customary rates established by the Health Insurance
12 Association of America. The payments required to be made by
13 the Association under this Section shall constitute full and
14 complete payment for such provider services to the enrollee.
15 (d) The Association shall not be required to pay more
16 than an aggregate of $300,000 for any organization which is
17 declared to be insolvent prior to July 1, 1987, and such
18 funds shall be distributed first to enrollees who are not
19 public aid recipients pursuant to a plan recommended by the
20 Association and approved by the Director and the court having
21 jurisdiction over the liquidation.
22 (9) The Association may:
23 (a) Enter into such contracts as are necessary or
24 proper to carry out the provisions and purposes of this
25 Article.;
26 (b) Sue or be sued, including taking any legal
27 actions necessary or proper for recovery of any unpaid
28 assessments under Section 6-9. The Association shall not
29 be liable for punitive or exemplary damages.;
30 (c) Borrow money to effect the purposes of this
31 Article. Any notes or other evidence of indebtedness of
32 the Association not in default are legal investments for
33 domestic organizations and may be carried as admitted
34 assets.
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1 (d) Employ or retain such persons as are necessary
2 to handle the financial transactions of the Association,
3 and to perform such other functions as become necessary
4 or proper under this Article.
5 (e) Negotiate and contract with any liquidator,
6 rehabilitator, conservator, or ancillary receiver to
7 carry out the powers and duties of the Association.
8 (f) Take such legal action as may be necessary to
9 avoid payment of improper claims.
10 (g) Exercise, for the purposes of this Article and
11 to the extent approved by the Director, the powers of a
12 domestic organization, but in no case may the Association
13 issue evidence of coverage other than that issued to
14 perform the contractual obligations of the impaired or
15 insolvent organization.
16 (h) Exercise all the rights of the Director under
17 Section 193(4) of the Illinois Insurance Code with
18 respect to covered health care plan certificates after
19 the association becomes obligated by statute.
20 (10) The obligations of the Association under this
21 Article shall not relieve any reinsurer, insurer or other
22 person of its obligations to the insolvent organization (or
23 its conservator, rehabilitator, liquidator or similar
24 official) or its enrollees, including without limitation any
25 reinsurer, insurer or other person liable to the insolvent
26 insurer (or its conservator, rehabilitator, liquidator or
27 similar official) or its enrollees under any contract of
28 reinsurance, any contract providing stop loss coverage or
29 similar coverage or any health care contract. With respect to
30 covered health care plan certificates for which the
31 Association becomes obligated after an entry of an order of
32 liquidation or rehabilitation, the Association may elect to
33 succeed to the rights of the insolvent organization arising
34 after the date of the order of liquidation or rehabilitation
-719- LRB9000999EGfgam01
1 under any contract of reinsurance, any contract providing
2 stop loss coverage or similar coverages or any health care
3 service contract to which the insolvent organization was a
4 party, on the terms set forth under such contract, to the
5 extent that such contract provides coverage for health care
6 services provided after the date of the order of liquidation
7 or rehabilitation. As a condition to making this election,
8 the Association must pay premiums for coverage relating to
9 periods after the date of the order of liquidation or
10 rehabilitation.
11 (11) The Association shall be entitled to collect
12 premiums due under or with respect to covered health care
13 certificates for a period from the date on which the
14 domestic, foreign, or alien organization became an insolvent
15 organization until the Association no longer has obligations
16 under subsection (2) of this Section 6-8 with respect to such
17 certificates. The Association's obligations under subsection
18 (2) of this Section 6-8 with respect to any covered health
19 care plan certificates shall terminate in the event that all
20 such premiums due under or with respect to such covered
21 health care plan certificates are not paid to the Association
22 (i) within 30 days of the Association's demand therefor, or
23 (ii) in the event that such certificates provide for a longer
24 grace period for payment of premiums after notice of
25 non-payment or demand therefor, within the lesser of (A) the
26 period provided for in such certificates or (B) 60 days.
27 (Source: P.A. 86-620; revised 7-14-97.)
28 Section 104. The Limited Health Service Organization Act
29 is amended by changing Section 4003 as follows:
30 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
31 Sec. 4003. Illinois Insurance Code provisions. Limited
32 health service organizations shall be subject to the
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1 provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
2 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
3 154.6, 154.7, 154.8, 155.04, 355.2, 356v, 356t, 401, 401.1,
4 402, 403, 403A, 408, 408.2, and 412, and Articles VIII 1/2,
5 XII, XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois
6 Insurance Code. For purposes of the Illinois Insurance Code,
7 except for Articles XIII and XIII 1/2, limited health service
8 organizations in the following categories are deemed to be
9 domestic companies:
10 (1) a corporation under the laws of this State; or
11 (2) a corporation organized under the laws of
12 another state, 30% of more of the enrollees of which are
13 residents of this State, except a corporation subject to
14 substantially the same requirements in its state of
15 organization as is a domestic company under Article VIII
16 1/2 of the Illinois Insurance Code.
17 (Source: P.A. 90-25, eff. 1-1-98; revised 10-14-97.)
18 Section 105. The Voluntary Health Services Plans Act is
19 amended by changing Section 10 as follows:
20 (215 ILCS 165/10) (from Ch. 32, par. 604)
21 Sec. 10. Application of Insurance Code provisions.
22 Health services plan corporations and all persons interested
23 therein or dealing therewith shall be subject to the
24 provisions of Article XII 1/2 and Sections 3.1, 133, 140,
25 143, 143c, 149, 354, 355.2, 356r, 356t, 356u, 356v, 367.2,
26 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
27 paragraphs (7) and (15) of Section 367 of the Illinois
28 Insurance Code.
29 (Source: P.A. 89-514, eff. 7-17-96; 90-7, eff. 6-10-97;
30 90-25, eff. 1-1-98; revised 10-14-97.)
31 Section 106. The Public Utilities Act is amended by
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1 changing Sections 2-202, 8-102, 9-212, 9-216, and 13-506 and
2 setting forth and renumbering multiple versions of Section
3 13-505.7 as follows:
4 (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
5 (Text of Section before amendment by P.A. 90-561)
6 Sec. 2-202. (a) It is declared to be the public policy of
7 this State that in order to maintain and foster the effective
8 regulation of public utilities under this Act in the
9 interests of the People of the State of Illinois and the
10 public utilities as well, the public utilities subject to
11 regulation under this Act and which enjoy the privilege of
12 operating as public utilities in this State, shall bear the
13 expense of administering this Act by means of a tax on such
14 privilege measured by the annual gross revenue of such public
15 utilities in the manner provided in this Section. For
16 purposes of this Section, "expense of administering this Act"
17 includes any costs incident to studies, whether made by the
18 Commission or under contract entered into by the Commission,
19 concerning environmental pollution problems caused or
20 contributed to by public utilities and the means for
21 eliminating or abating those problems. Such proceeds shall be
22 deposited in the Public Utility Fund in the State treasury.
23 (b) All of the ordinary and contingent expenses of the
24 Commission incident to the administration of this Act shall
25 be paid out of the Public Utility Fund except the
26 compensation of the members of the Commission which shall be
27 paid from the General Revenue Fund. Notwithstanding other
28 provisions of this Act to the contrary, the ordinary and
29 contingent expenses of the Commission incident to the
30 administration of the Illinois Commercial Transportation Law
31 may be paid from appropriations from the Public Utility Fund
32 through the end of fiscal year 1986.
33 (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%.
5 "Gross revenue" shall not include amounts paid by
6 telecommunications retailers under the Telecommunications
7 Municipal Infrastructure Maintenance Fee Act.
8 (d) Annual gross revenue returns shall be filed in
9 accordance with paragraph (1) or (2) of this subsection (d).
10 (1) Except as provided in paragraph (2) of this
11 subsection (d), on or before January 10 of each year each
12 public utility subject to the provisions of this Act
13 shall file with the Commission an estimated annual gross
14 revenue return containing an estimate of the amount of
15 its gross revenue for the calendar year commencing
16 January 1 of said year and a statement of the amount of
17 tax due for said calendar year on the basis of that
18 estimate. Public utilities may also file revised returns
19 containing updated estimates and updated amounts of tax
20 due during the calendar year. These revised returns, if
21 filed, shall form the basis for quarterly payments due
22 during the remainder of the calendar year. In addition,
23 on or before February 15 of each year, each public
24 utility shall file an amended return showing the actual
25 amount of gross revenues shown by the company's books and
26 records as of December 31 of the previous year. Forms and
27 instructions for such estimated, revised, and amended
28 returns shall be devised and supplied by the Commission.
29 (2) Beginning January 1, 1993, the requirements of
30 paragraph (1) of this subsection (d) shall not apply to
31 any public utility in any calendar year for which the
32 total tax the public utility owes under this Section is
33 less than $1,000. For such public utilities with respect
34 to such years, the public utility shall file with the
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1 Commission, on or before January 31 of the following
2 year, an annual gross revenue return for the year and a
3 statement of the amount of tax due for that year on the
4 basis of such a return. Forms and instructions for such
5 returns and corrected returns shall be devised and
6 supplied by the Commission.
7 (e) All returns submitted to the Commission by a public
8 utility as provided in this subsection (e) or subsection (d)
9 of this Section shall contain or be verified by a written
10 declaration by an appropriate officer of the public utility
11 that the return is made under the penalties of perjury. The
12 Commission may audit each such return submitted and may,
13 under the provisions of Section 5-101 of this Act, take such
14 measures as are necessary to ascertain the correctness of the
15 returns submitted. The Commission has the power to direct the
16 filing of a corrected return by any utility which has filed
17 an incorrect return and to direct the filing of a return by
18 any utility which has failed to submit a return. A
19 taxpayer's signing a fraudulent return under this Section is
20 perjury, as defined in Section 32-2 of the Criminal Code of
21 1961.
22 (f) (1) For all public utilities subject to paragraph
23 (1) of subsection (d), at least one quarter of the annual
24 amount of tax due under subsection (c) shall be paid to the
25 Commission on or before the tenth day of January, April,
26 July, and October of the calendar year subject to tax. In
27 the event that an adjustment in the amount of tax due should
28 be necessary as a result of the filing of an amended or
29 corrected return under subsection (d) or subsection (e) of
30 this Section, the amount of any deficiency shall be paid by
31 the public utility together with the amended or corrected
32 return and the amount of any excess shall, after the filing
33 of a claim for credit by the public utility, be returned to
34 the public utility in the form of a credit memorandum in the
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1 amount of such excess or be refunded to the public utility in
2 accordance with the provisions of subsection (k) of this
3 Section. However, if such deficiency or excess is less than
4 $1, then the public utility need not pay the deficiency and
5 may not claim a credit.
6 (2) Any public utility subject to paragraph (2) of
7 subsection (d) shall pay the amount of tax due under
8 subsection (c) on or before January 31 next following the end
9 of the calendar year subject to tax. In the event that an
10 adjustment in the amount of tax due should be necessary as a
11 result of the filing of a corrected return under subsection
12 (e), the amount of any deficiency shall be paid by the public
13 utility at the time the corrected return is filed. Any excess
14 tax payment by the public utility shall be returned to it
15 after the filing of a claim for credit, in the form of a
16 credit memorandum in the amount of the excess. However, if
17 such deficiency or excess is less than $1, the public utility
18 need not pay the deficiency and may not claim a credit.
19 (g) Each installment or required payment of the tax
20 imposed by subsection (c) becomes delinquent at midnight of
21 the date that it is due. Failure to make a payment as
22 required by this Section shall result in the imposition of a
23 late payment penalty, an underestimation penalty, or both, as
24 provided by this subsection. The late payment penalty shall
25 be the greater of:
26 (1) $25 for each month or portion of a month that
27 the installment or required payment is unpaid or
28 (2) an amount equal to the difference between what
29 should have been paid on the due date, based upon the
30 most recently filed estimate, and what was actually paid,
31 times one percent, for each month or portion of a month
32 that the installment or required payment goes unpaid.
33 This penalty may be assessed as soon as the installment
34 or required payment becomes delinquent.
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1 The underestimation penalty shall apply to those public
2 utilities subject to paragraph (1) of subsection (d) and
3 shall be calculated after the filing of the amended return.
4 It shall be imposed if the amount actually paid on any of the
5 dates specified in subsection (f) is not equal to at least
6 one-fourth of the amount actually due for the year, and shall
7 equal the greater of:
8 (1) $25 for each month or portion of a month that
9 the amount due is unpaid or
10 (2) an amount equal to the difference between what
11 should have been paid, based on the amended return, and
12 what was actually paid as of the date specified in
13 subsection (f), times a percentage equal to 1/12 of the
14 sum of 10% and the percentage most recently established
15 by the Commission for interest to be paid on customer
16 deposits under 83 Ill. Adm. Code 280.70(e)(1), for each
17 month or portion of a month that the amount due goes
18 unpaid, except that no underestimation penalty shall be
19 assessed if the amount actually paid on each of the dates
20 specified in subsection (f) was based on an estimate of
21 gross revenues at least equal to the actual gross
22 revenues for the previous year. The Commission may
23 enforce the collection of any delinquent installment or
24 payment, or portion thereof by legal action or in any
25 other manner by which the collection of debts due the
26 State of Illinois may be enforced under the laws of this
27 State. The executive director or his designee may excuse
28 the payment of an assessed penalty if he determines that
29 enforced collection of the penalty would be unjust.
30 (h) All sums collected by the Commission under the
31 provisions of this Section shall be paid promptly after the
32 receipt of the same, accompanied by a detailed statement
33 thereof, into the Public Utility Fund in the State treasury.
34 (i) During the month of October of each odd-numbered
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1 year the Commission shall:
2 (1) determine the amount of all moneys deposited in
3 the Public Utility Fund during the preceding fiscal
4 biennium plus the balance, if any, in that fund at the
5 beginning of that biennium;
6 (2) determine the sum total of the following items:
7 (A) all moneys expended or obligated against
8 appropriations made from the Public Utility Fund during
9 the preceding fiscal biennium, plus (B) the sum of the
10 credit memoranda then outstanding against the Public
11 Utility Fund, if any; and
12 (3) determine the amount, if any, by which the sum
13 determined as provided in item (1) exceeds the amount
14 determined as provided in item (2).
15 If the amount determined as provided in item (3) of this
16 subsection exceeds $2,500,000, the Commission shall then
17 compute the proportionate amount, if any, which the tax paid
18 hereunder by each utility during the preceding biennium bears
19 to the difference between the amount determined as provided
20 in item (3) of this subsection (i) and $2,500,000, and notify
21 each public utility that it may file during the 3 month
22 period after the date of notification a claim for credit in
23 such proportionate amount. If the proportionate amount is
24 less than $10, no notification will be sent by the
25 Commission, and no right to a claim exists as to that amount.
26 Upon the filing of a claim for credit within the period
27 provided, the Commission shall issue a credit memorandum in
28 such amount to such public utility. Any claim for credit
29 filed after the period provided for in this Section is void.
30 (j) Credit memoranda issued pursuant to subsection (f)
31 and credit memoranda issued after notification and filing
32 pursuant to subsection (i) may be applied for the 2 year
33 period from the date of issuance, against the payment of any
34 amount due during that period under the tax imposed by
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1 subsection (c), or, subject to reasonable rule of the
2 Commission including requirement of notification, may be
3 assigned to any other public utility subject to regulation
4 under this Act. Any application of credit memoranda after the
5 period provided for in this Section is void.
6 (k) The chairman or executive director may make refund
7 of fees, taxes or other charges whenever he shall determine
8 that the person or public utility will not be liable for
9 payment of such fees, taxes or charges during the next 24
10 months and he determines that the issuance of a credit
11 memorandum would be unjust.
12 (Source: P.A. 90-562, eff. 12-16-97.)
13 (Text of Section after amendment by P.A. 90-561)
14 Sec. 2-202. (a) It is declared to be the public policy of
15 this State that in order to maintain and foster the effective
16 regulation of public utilities under this Act in the
17 interests of the People of the State of Illinois and the
18 public utilities as well, the public utilities subject to
19 regulation under this Act and which enjoy the privilege of
20 operating as public utilities in this State, shall bear the
21 expense of administering this Act by means of a tax on such
22 privilege measured by the annual gross revenue of such public
23 utilities in the manner provided in this Section. For
24 purposes of this Section, "expense of administering this Act"
25 includes any costs incident to studies, whether made by the
26 Commission or under contract entered into by the Commission,
27 concerning environmental pollution problems caused or
28 contributed to by public utilities and the means for
29 eliminating or abating those problems. Such proceeds shall be
30 deposited in the Public Utility Fund in the State treasury.
31 (b) All of the ordinary and contingent expenses of the
32 Commission incident to the administration of this Act shall
33 be paid out of the Public Utility Fund except the
34 compensation of the members of the Commission which shall be
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1 paid from the General Revenue Fund. Notwithstanding other
2 provisions of this Act to the contrary, the ordinary and
3 contingent expenses of the Commission incident to the
4 administration of the Illinois Commercial Transportation Law
5 may be paid from appropriations from the Public Utility Fund
6 through the end of fiscal year 1986.
7 (c) A tax is imposed upon each public utility subject to
8 the provisions of this Act equal to .08% of its gross revenue
9 for each calendar year commencing with the calendar year
10 beginning January 1, 1982, except that the Commission may, by
11 rule, establish a different rate no greater than 0.1%. For
12 purposes of this Section, "gross revenue" shall not include
13 revenue from the production, transmission, distribution,
14 sale, delivery, or furnishing of electricity. "Gross revenue"
15 shall not include amounts paid by telecommunications
16 retailers under the Telecommunications Municipal
17 Infrastructure Maintenance Fee Act.
18 (d) Annual gross revenue returns shall be filed in
19 accordance with paragraph (1) or (2) of this subsection (d).
20 (1) Except as provided in paragraph (2) of this
21 subsection (d), on or before January 10 of each year each
22 public utility subject to the provisions of this Act
23 shall file with the Commission an estimated annual gross
24 revenue return containing an estimate of the amount of
25 its gross revenue for the calendar year commencing
26 January 1 of said year and a statement of the amount of
27 tax due for said calendar year on the basis of that
28 estimate. Public utilities may also file revised returns
29 containing updated estimates and updated amounts of tax
30 due during the calendar year. These revised returns, if
31 filed, shall form the basis for quarterly payments due
32 during the remainder of the calendar year. In addition,
33 on or before February 15 of each year, each public
34 utility shall file an amended return showing the actual
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1 amount of gross revenues shown by the company's books and
2 records as of December 31 of the previous year. Forms and
3 instructions for such estimated, revised, and amended
4 returns shall be devised and supplied by the Commission.
5 (2) Beginning January 1, 1993, the requirements of
6 paragraph (1) of this subsection (d) shall not apply to
7 any public utility in any calendar year for which the
8 total tax the public utility owes under this Section is
9 less than $1,000. For such public utilities with respect
10 to such years, the public utility shall file with the
11 Commission, on or before January 31 of the following
12 year, an annual gross revenue return for the year and a
13 statement of the amount of tax due for that year on the
14 basis of such a return. Forms and instructions for such
15 returns and corrected returns shall be devised and
16 supplied by the Commission.
17 (e) All returns submitted to the Commission by a public
18 utility as provided in this subsection (e) or subsection (d)
19 of this Section shall contain or be verified by a written
20 declaration by an appropriate officer of the public utility
21 that the return is made under the penalties of perjury. The
22 Commission may audit each such return submitted and may,
23 under the provisions of Section 5-101 of this Act, take such
24 measures as are necessary to ascertain the correctness of the
25 returns submitted. The Commission has the power to direct the
26 filing of a corrected return by any utility which has filed
27 an incorrect return and to direct the filing of a return by
28 any utility which has failed to submit a return. A
29 taxpayer's signing a fraudulent return under this Section is
30 perjury, as defined in Section 32-2 of the Criminal Code of
31 1961.
32 (f) (1) For all public utilities subject to paragraph
33 (1) of subsection (d), at least one quarter of the annual
34 amount of tax due under subsection (c) shall be paid to the
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1 Commission on or before the tenth day of January, April,
2 July, and October of the calendar year subject to tax. In
3 the event that an adjustment in the amount of tax due should
4 be necessary as a result of the filing of an amended or
5 corrected return under subsection (d) or subsection (e) of
6 this Section, the amount of any deficiency shall be paid by
7 the public utility together with the amended or corrected
8 return and the amount of any excess shall, after the filing
9 of a claim for credit by the public utility, be returned to
10 the public utility in the form of a credit memorandum in the
11 amount of such excess or be refunded to the public utility in
12 accordance with the provisions of subsection (k) of this
13 Section. However, if such deficiency or excess is less than
14 $1, then the public utility need not pay the deficiency and
15 may not claim a credit.
16 (2) Any public utility subject to paragraph (2) of
17 subsection (d) shall pay the amount of tax due under
18 subsection (c) on or before January 31 next following the end
19 of the calendar year subject to tax. In the event that an
20 adjustment in the amount of tax due should be necessary as a
21 result of the filing of a corrected return under subsection
22 (e), the amount of any deficiency shall be paid by the public
23 utility at the time the corrected return is filed. Any excess
24 tax payment by the public utility shall be returned to it
25 after the filing of a claim for credit, in the form of a
26 credit memorandum in the amount of the excess. However, if
27 such deficiency or excess is less than $1, the public utility
28 need not pay the deficiency and may not claim a credit.
29 (g) Each installment or required payment of the tax
30 imposed by subsection (c) becomes delinquent at midnight of
31 the date that it is due. Failure to make a payment as
32 required by this Section shall result in the imposition of a
33 late payment penalty, an underestimation penalty, or both, as
34 provided by this subsection. The late payment penalty shall
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1 be the greater of:
2 (1) $25 for each month or portion of a month that
3 the installment or required payment is unpaid or
4 (2) an amount equal to the difference between what
5 should have been paid on the due date, based upon the
6 most recently filed estimate, and what was actually paid,
7 times 1%, for each month or portion of a month that the
8 installment or required payment goes unpaid. This
9 penalty may be assessed as soon as the installment or
10 required payment becomes delinquent.
11 The underestimation penalty shall apply to those public
12 utilities subject to paragraph (1) of subsection (d) and
13 shall be calculated after the filing of the amended return.
14 It shall be imposed if the amount actually paid on any of the
15 dates specified in subsection (f) is not equal to at least
16 one-fourth of the amount actually due for the year, and shall
17 equal the greater of:
18 (1) $25 for each month or portion of a month that
19 the amount due is unpaid or
20 (2) an amount equal to the difference between what
21 should have been paid, based on the amended return, and
22 what was actually paid as of the date specified in
23 subsection (f), times a percentage equal to 1/12 of the
24 sum of 10% and the percentage most recently established
25 by the Commission for interest to be paid on customer
26 deposits under 83 Ill. Adm. Code 280.70(e)(1), for each
27 month or portion of a month that the amount due goes
28 unpaid, except that no underestimation penalty shall be
29 assessed if the amount actually paid on each of the dates
30 specified in subsection (f) was based on an estimate of
31 gross revenues at least equal to the actual gross
32 revenues for the previous year. The Commission may
33 enforce the collection of any delinquent installment or
34 payment, or portion thereof by legal action or in any
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1 other manner by which the collection of debts due the
2 State of Illinois may be enforced under the laws of this
3 State. The executive director or his designee may excuse
4 the payment of an assessed penalty if he determines that
5 enforced collection of the penalty would be unjust.
6 (h) All sums collected by the Commission under the
7 provisions of this Section shall be paid promptly after the
8 receipt of the same, accompanied by a detailed statement
9 thereof, into the Public Utility Fund in the State treasury.
10 (i) During the month of October of each odd-numbered
11 year the Commission shall:
12 (1) determine the amount of all moneys deposited in
13 the Public Utility Fund during the preceding fiscal
14 biennium plus the balance, if any, in that fund at the
15 beginning of that biennium;
16 (2) determine the sum total of the following items:
17 (A) all moneys expended or obligated against
18 appropriations made from the Public Utility Fund during
19 the preceding fiscal biennium, plus (B) the sum of the
20 credit memoranda then outstanding against the Public
21 Utility Fund, if any; and
22 (3) determine the amount, if any, by which the sum
23 determined as provided in item (1) exceeds the amount
24 determined as provided in item (2).
25 If the amount determined as provided in item (3) of this
26 subsection exceeds $2,500,000, the Commission shall then
27 compute the proportionate amount, if any, which (x) the tax
28 paid hereunder by each utility during the preceding biennium,
29 and (y) the amount paid into the Public Utility Fund during
30 the preceding biennium by the Department of Revenue pursuant
31 to Sections 2-9 and 2-11 of the Electricity Excise Tax Law,
32 bears to the difference between the amount determined as
33 provided in item (3) of this subsection (i) and $2,500,000.
34 The Commission shall cause the proportionate amount
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1 determined with respect to payments made under the
2 Electricity Excise Tax Law to be transferred into the General
3 Revenue Fund in the State Treasury, and notify each public
4 utility that it may file during the 3 month period after the
5 date of notification a claim for credit for the proportionate
6 amount determined with respect to payments made hereunder by
7 the public utility. If the proportionate amount is less than
8 $10, no notification will be sent by the Commission, and no
9 right to a claim exists as to that amount. Upon the filing of
10 a claim for credit within the period provided, the Commission
11 shall issue a credit memorandum in such amount to such public
12 utility. Any claim for credit filed after the period provided
13 for in this Section is void.
14 (j) Credit memoranda issued pursuant to subsection (f)
15 and credit memoranda issued after notification and filing
16 pursuant to subsection (i) may be applied for the 2 year
17 period from the date of issuance, against the payment of any
18 amount due during that period under the tax imposed by
19 subsection (c), or, subject to reasonable rule of the
20 Commission including requirement of notification, may be
21 assigned to any other public utility subject to regulation
22 under this Act. Any application of credit memoranda after the
23 period provided for in this Section is void.
24 (k) The chairman or executive director may make refund
25 of fees, taxes or other charges whenever he shall determine
26 that the person or public utility will not be liable for
27 payment of such fees, taxes or charges during the next 24
28 months and he determines that the issuance of a credit
29 memorandum would be unjust.
30 (Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97; revised
31 12-30-97.)
32 (220 ILCS 5/8-102) (from Ch. 111 2/3, par. 8-102)
33 Sec. 8-102. Audit or investigation. The Commission is
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1 authorized to conduct or order a management audit or
2 investigation of any public utility or part thereof. The
3 Such audit or investigation may examine the reasonableness,
4 prudence, prudency or efficiency of any aspect of the
5 utility's operations, costs, management, decisions or
6 functions that which may affect the adequacy, safety,
7 efficiency or reliability of utility service or the
8 reasonableness or prudence prudency of the costs underlying
9 rates or charges for utility service. The Commission may
10 conduct or order a management audit or investigation only
11 when it has reasonable grounds to believe that the such audit
12 or investigation is necessary to assure that the utility is
13 providing adequate, efficient, reliable, safe, and least-cost
14 service and charging only just and reasonable rates therefor,
15 or that the such audit or investigation is likely to be
16 cost-beneficial in enhancing the quality of such service or
17 the reasonableness of rates therefor. The Commission shall,
18 before initiating any such audit or investigation, issue an
19 order describing the grounds for the such audit or
20 investigation and the appropriate scope and nature of the
21 such audit or investigation. The scope and nature of any
22 such audit or investigation shall be reasonably related to
23 the grounds relied upon by the Commission in its order.
24 Any audit or investigation authorized pursuant to this
25 Section may be conducted by the Commission, or if the
26 Commission is unable to adequately perform the such audit or
27 investigation, the Commission may arrange for it to be
28 conducted by persons independent of the utility and selected
29 by the Commission. The cost of such an independent audit
30 shall be borne initially by the utility, but shall be
31 recovered as an expense through normal ratemaking procedures.
32 Any audit or investigation shall be conducted in accordance
33 with generally accepted auditing standards.
34 (Source: P.A. 84-617; revised 7-2-97.)
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1 (220 ILCS 5/9-212) (from Ch. 111 2/3, par. 9-212)
2 Sec. 9-212. No new electric utility generating plant or
3 gas production facility, or significant addition to existing
4 facilities or plant, shall be included in a utility's rate
5 base unless and until the utility proves, and the Commission
6 determines, that such plant or facility is both prudent and
7 used and useful in providing utility service to the utility's
8 customers. For purposes of this Section, "prudent" means
9 prudency shall mean that at the time of certification,
10 initiation of construction and each subsequent evaluation of
11 any construction project until the time of completion, based
12 on the evidence introduced in any hearings and all
13 information which was known or should have been known at the
14 time, and relevant planning and certification criteria, it
15 was prudent and reasonable to conclude that the generating or
16 production facility would be used and useful in providing
17 service to customers at the time of completion. If the
18 Commission has issued a certificate of public convenience and
19 necessity for the completed facility, and, to the extent that
20 the Commission approves continued construction upon
21 reevaluation subsequent to certification, such actions shall
22 constitute prima facie evidence of the prudence prudency of
23 construction. If the Commission determines as a result of
24 reevaluation during construction that the facility should not
25 be completed, such determination shall constitute prima facie
26 evidence that subsequent construction expenditures were
27 imprudent.
28 A generation or production facility is used and useful
29 only if, and only to the extent that, it is necessary to meet
30 customer demand or economically beneficial in meeting such
31 demand. No generation or production facility shall be found
32 used and useful until and unless it is capable of generation
33 or production at significant operating levels on a consistent
34 and sustainable basis. Any pollution control devices for the
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1 control of sulfur dioxide emissions installed or used in
2 accordance with, and up to the cost specified in, an order or
3 supplemental order of the Commission entered pursuant to
4 subsection (e) of Section 8-402.1 shall be deemed prudent and
5 shall, upon being placed into operation on a consistent,
6 sustainable basis by the public utility, be deemed used and
7 useful.
8 (Source: P.A. 87-173; revised 7-2-97.)
9 (220 ILCS 5/9-216) (from Ch. 111 2/3, par. 9-216)
10 Sec. 9-216. The Commission shall establish, by
11 rulemaking, the policies and procedures which shall be
12 utilized in evaluating and deciding any requests for the
13 recovery and allocation of reasonable and prudent costs
14 incurred in the construction of generation or production
15 facilities which have been cancelled. In establishing such
16 policies and procedures the Commission shall consider all
17 relevant factors, including, but not limited to, the prudence
18 prudency and reasonableness of such costs, the reasons for
19 cancellation, the consistency of construction and
20 cancellation with certification and reevaluation criteria and
21 proceedings, the need to provide proper incentives for future
22 construction and cancellation decisions, and the balance of
23 equities between ratepayers and shareholders.
24 (Source: P.A. 84-617; revised 7-2-97.)
25 (220 ILCS 5/13-505.7)
26 (Section scheduled to be repealed on July 1, 2001)
27 Sec. 13-505.7. Interactive video learning tariffs. The
28 Commission shall permit telecommunications carriers to offer
29 special interactive video learning tariffs for the exclusive
30 use of qualified educational institutions. Except for
31 carriers subject to Section 13-504, the rates in such tariffs
32 shall not be less than the long run service incremental costs
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1 of providing interactive video learning services. Qualified
2 educational institutions shall be limited to school
3 districts; public or private not-for-profit schools enrolling
4 more than 20 pupils for kindergarten grade or over up through
5 grade 12; public or private degree granting, not-for-profit
6 colleges or universities; public libraries organized under
7 the Public Library District Act of 1991 or the Illinois Local
8 Library Act; and regional library systems organized under the
9 Illinois Library System Act. Interactive video learning
10 consists of video, data, voice, and electronic information
11 used by a qualified educational institution for instruction,
12 learning, and training. These special telecommunications
13 carrier interactive video learning tariffs shall be exempt
14 from the provisions of Sections 9-241, 9-250, 13-502,
15 13-505.1, and 13-505.2 of this Act. Provided, however,
16 telecommunications carriers may also file such special
17 tariffs pursuant to this Section and in accordance with
18 Section 13-502.
19 (Source: P.A. 89-141, eff. 7-14-95; 90-279, eff. 7-31-97;
20 revised 9-30-97.)
21 (220 ILCS 5/13-505.8)
22 (Section scheduled to be repealed on July 1, 2001)
23 Sec. 13-505.8. 13-505.7. Bundling. Nothing in this Act
24 shall prohibit the bundling of any telecommunications
25 services, provided that for a telecommunications carrier that
26 provides both noncompetitive and competitive services the
27 price for a bundle of telecommunications services shall not
28 be less than the aggregate of the unbundled prices of the
29 telecommunications services offered in the bundle.
30 (Source: P.A. 90-185, eff. 7-23-97; revised 7-23-97.)
31 (220 ILCS 5/13-506)
32 (Section scheduled to be repealed on July 1, 2001)
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1 Sec. 13-506. Tariffs for competitive telecommunications
2 services.
3 (a) Telecommunications carriers may file proposed
4 tariffs for any competitive telecommunications service which
5 includes and specifically describes a range, band, formula,
6 or standard within which or by which a change in rates or
7 charges for such telecommunications service could be made
8 without prior notice or prior Commission approval, provided
9 that any and all rates or charges within the band or range,
10 or determinable by the operation of the formula or standard,
11 are consistent with the public interest and the purpose and
12 policies of this Article and Act, and are likely to remain so
13 for the foreseeable forseeable future. To the extent any
14 proposed band or range encompasses rates or charges which are
15 not consistent with the public interest and the purposes and
16 policies of this Article and Act or otherwise fully proper,
17 or any proposed formula or standard determines rates or
18 charges which are not consistent with the purposes and
19 policies of this Article and Act or otherwise fully proper,
20 the Commission after notice and hearing shall have the power
21 to modify the level, scope, or limits of such band or range,
22 and to modify or limit the operation of such formula or
23 standard, as necessary, to ensure that rates or charges
24 resulting therefrom are consistent with the purposes and
25 policies of this Article and Act and fully proper, and likely
26 to remain so in the foreseeable forseeable future.
27 (b) The Commission may require a telecommunications
28 carrier to file a variable tariff as described in paragraph
29 (a) for any or all competitive telecommunications services
30 which are offered or provided by such carrier, if the
31 Commission finds, after notice and hearing, that the
32 determination of rates or charges for such service by a
33 tariff would improve the Commission's ability to effectively
34 regulate such rates or charges and that such improvement is
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1 required by the public interest. Any such tariff required by
2 the Commission shall be approved only if it is also
3 consistent with the provisions of paragraph (a) of this
4 Section.
5 (c) When the Commission approves a variable tariff, as
6 proposed or modified pursuant to this Section, the
7 telecommunications carrier shall place such tariff in effect
8 thereafter and such tariff shall determine rates or charges
9 according to the provisions thereof.
10 (Source: P.A. 90-185, eff. 7-23-97; revised 11-19-97.)
11 Section 107. The Hearing Instrument Consumer Protection
12 Act is amended by changing Section 5 as follows:
13 (225 ILCS 50/5) (from Ch. 111, par. 7405)
14 Sec. 5. License Licensed required. No person shall
15 engage in the selling, practice of testing, fitting,
16 selecting, recommending, adapting, dispensing, or servicing
17 hearing instruments or display a sign, advertise, or
18 represent oneself as a person who practices the fitting or
19 selling of hearing instruments unless such person holds a
20 current license issued by the Department as provided in this
21 Act. Such person shall be known as a licensed hearing
22 instrument dispenser. Individuals licensed pursuant to the
23 provisions of Section 8 of this Act shall be deemed qualified
24 to provide tests of human hearing and hearing instrument
25 evaluations for the purpose of dispensing a hearing
26 instrument for which any State agency may contract. The
27 license shall be conspicuously displayed in the place of
28 business. Duplicate licenses shall be issued by the
29 Department to licensees operating more than one office upon
30 the additional payment set forth in this Act.
31 Except for violations of the provisions of this Act, or
32 the rules promulgated under it, nothing in this Act shall
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1 prohibit a corporation, partnership, trust, association, or
2 other entity from engaging in the business of testing,
3 fitting, servicing, selecting, dispensing, selling, or
4 offering for sale hearing instruments at retail without a
5 license, provided it employs only licensed individuals in the
6 direct testing, fitting, servicing, selecting, offering for
7 sale, or dispensing of such products. Each such corporation,
8 partnership, trust, association, or other entity shall file
9 with the Department, prior to doing business in this State
10 and by July 1 of each calendar year thereafter, on forms
11 prescribed by the Department, a list of all licensed hearing
12 instrument dispensers employed by it and a statement
13 attesting that it complies with this Act and the rules
14 promulgated under it and the regulations of the Federal Food
15 and Drug Administration and the Federal Trade Commission
16 insofar as they are applicable.
17 (Source: P.A. 89-72, eff. 12-31-95; revised 12-18-97.)
18 Section 108. The Marriage and Family Therapy Licensing
19 Act is amended by changing Section 95 as follows:
20 (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
21 Sec. 95. Investigation; notice and hearing. The
22 Department may investigate the actions or qualifications of
23 any person or persons holding or claiming to hold a license.
24 Before suspending, revoking, placing on probationary status,
25 or taking any other disciplinary action as the Department may
26 deem proper with regard to any license, at least 30 days
27 before the date set for the hearing, the Department shall (i)
28 notify the accused in writing of any charges made and the
29 time and place for a hearing on the charges before the Board,
30 (ii) direct him or her to file a written answer to the
31 charges with the Board under oath within 20 days after the
32 service on him or her of such notice, and (iii) inform him or
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1 her that if he or she fails to file an answer, default will
2 be taken against him or her and his or her license may be
3 suspended, revoked, placed on probationary status, or other
4 disciplinary action taken with regard to the license,
5 including limiting the scope, nature, or extent of his or her
6 practice, as the Department may deem proper. In case the
7 person, after receiving notice, fails to file an answer, his
8 or her license may, in the discretion of the Department, be
9 suspended, revoked, placed on probationary status, or the
10 Department may take whatever disciplinary action deemed
11 proper, including limiting the scope, nature, or extent of
12 the person's practice or the imposition of a fine, without a
13 hearing, if the act or acts charged constitute sufficient
14 grounds for such action under this Act. This written notice
15 and any notice in the subsequent proceedings may be served by
16 personal delivery to the accused person, or by registered or
17 certified mail to the address last specified by the accused
18 in his last notification to the Department. In case the
19 person fails to file an answer after receiving notice, his or
20 her license may, in the discretion of the Department, be
21 suspended, revoked, or placed on probationary status, or the
22 Department may take whatever disciplinary action deemed
23 proper, including limiting the scope, nature, or extent of
24 the person's practice or the imposition of a fine, without a
25 hearing, if the act or acts charged constitute sufficient
26 grounds for such action under this Act. The written answer
27 shall be served by personal delivery, certified delivery, or
28 certified or registered mail to the Department. At the time
29 and place fixed in the notice, the Department shall proceed
30 to hear the charges and the parties or their counsel shall be
31 accorded ample opportunity to present such statements,
32 testimony, evidence, and argument as may be pertinent to the
33 charges or to the defense thereto. The Department may
34 continue such hearing from time to time. At the discretion
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1 of the Director after having first received the
2 recommendation of the Board, the accused person's license may
3 be suspended or revoked, if the evidence constitutes
4 sufficient grounds for such action under this Act.
5 (Source: P.A. 90-61, eff. 12-30-97; revised 12-18-97.)
6 Section 109. The Naprapathic Practice Act is amended by
7 changing Section 120 as follows:
8 (225 ILCS 63/120)
9 Sec. 120. Injunctions; cease and desist orders.
10 (a) If any person violates the provision of this Act,
11 the Director may, in the name of the People of the State of
12 Illinois, through the Attorney General of the State of
13 Illinois or the State's Attorney of any county in which the
14 action is brought, petition for an order enjoining the
15 violation or for an order enforcing compliance with this Act.
16 Upon the filing of a verified petition in court, the court
17 may issue a temporary restraining order, without notice or
18 bond, and may preliminarily and permanently enjoin the
19 violation. If it is established that the person has violated
20 or is violating the injunction, the Court may punish the
21 offender for contempt of court. Proceedings under this
22 Section shall be in addition to, and not in lieu of, all
23 other remedies and penalties provided by this Act.
24 (b) If any person practices as a naprapath or holds
25 himself or herself out as a naprapath without being licensed
26 under the provisions of this Act then any licensed naprapath,
27 any interested party, or any person injured thereby may, in
28 addition to the Director, petition for relief as provided in
29 subsection (a) of this Section.
30 (c) Whenever in the opinion of the Department any person
31 violates any provision of this Act, the Department may issue
32 a rule to show cause why an order to cease and the desist
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1 should not be entered against that person. The rule shall
2 clearly set forth the grounds relied upon by the Department
3 and shall provide a period of 7 days from the date of the
4 rule to file an answer to the satisfaction of the Department.
5 Failure to answer to the satisfaction of the Department shall
6 cause an order to cease and desist to be issued immediately.
7 (Source: P.A. 89-61, eff. 6-30-95; revised 12-18-97.)
8 Section 110. The Illinois Nursing Act of 1987 is amended
9 by changing Sections 3, 4, and 24 as follows:
10 (225 ILCS 65/3) (from Ch. 111, par. 3503)
11 Sec. 3. Definitions. Each of the following terms, when
12 used in this Act, shall have the meaning ascribed to it in
13 this Section, except where the context clearly indicates
14 otherwise:
15 (a) "Department" means the Department of Professional
16 Regulation.
17 (b) "Director" means the Director of Professional
18 Regulation.
19 (c) "Board" means the Board of Nursing appointed by the
20 Director.
21 (d) "Academic year" means the customary annual schedule
22 of courses at a college, university, or approved school,
23 customarily regarded as the school year as distinguished from
24 the calendar year.
25 (e) "Approved program of professional nursing education"
26 and "approved program of practical nursing education" are
27 programs of professional or practical nursing, respectively,
28 approved by the Department under the provisions of this Act.
29 (f) "Nursing Act Coordinator" means a registered
30 professional nurse appointed by the Director to carry out the
31 administrative policies of the Department.
32 (g) "Assistant Nursing Act Coordinator" means a
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1 registered professional nurse appointed by the Director to
2 assist in carrying out the administrative policies of the
3 Department.
4 (h) "Registered" is the equivalent of "licensed".
5 (i) "Practical nurse" or "licensed practical nurse"
6 means a person who is licensed as a practical nurse under
7 this Act and practices practical nursing as defined in
8 paragraph (j) of this Section. Only a practical nurse
9 licensed under this Act is entitled to use the title
10 "licensed practical nurse" and the abbreviation "L.P.N.".
11 (j) "Practical nursing" means the performance of nursing
12 acts requiring the basic nursing knowledge, judgement, and
13 skill acquired by means of completion of an approved
14 practical nursing education program. Practical nursing
15 includes assisting in the nursing process as delegated by and
16 under the direction of a registered professional nurse. The
17 practical nurse may work under the direction of a licensed
18 physician, dentist, podiatrist, or other health care
19 professional determined by the Department.
20 (k) "Registered Nurse" or "Registered Professional
21 Nurse" means a person who is licensed as a professional nurse
22 under this Act and practices nursing as defined in paragraph
23 (l) of this Section. Only a registered nurse licensed under
24 this Act is entitled to use the titles "registered nurse" and
25 "registered professional nurse" and the abbreviation, "R.N.".
26 (l) "Registered professional nursing practice" includes
27 all nursing specialities and means the performance of any
28 nursing act based upon professional knowledge, judgment, and
29 skills acquired by means of completion of an approved
30 registered professional nursing education program. A
31 registered professional nurse provides nursing care
32 emphasizing the importance of the whole and the
33 interdependence of its parts through the nursing process to
34 individuals, groups, families, or communities, that includes
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1 but is not limited to: (1) the assessment of healthcare
2 needs, nursing diagnosis, planning, implementation, and
3 nursing evaluation; (2) the promotion, maintenance, and
4 restoration of health; (3) counseling, patient education,
5 health education, and patient advocacy; (4) the
6 administration of medications and treatments as prescribed by
7 a physician licensed to practice medicine in all of its
8 branches, a licensed dentist, a licensed podiatrist, or a
9 licensed optometrist; (5) the coordination and management of
10 the nursing plan of care; (6) the delegation to and
11 supervision of individuals who assist the registered
12 professional nurse implementing the plan of care; and (7)
13 teaching and supervision of nursing students. in The
14 foregoing shall not be deemed to include those acts of
15 medical diagnosis or prescription of therapeutic or
16 corrective measures that are properly performed only by
17 physicians licensed in the State of Illinois.
18 (m) "Current nursing practice update course" means a
19 planned nursing education curriculum approved by the
20 Department consisting of activities that have educational
21 objectives, instructional methods, content or subject matter,
22 clinical practice, and evaluation methods, related to basic
23 review and updating content and specifically planned for
24 those nurses previously licensed in the United States or its
25 territories and preparing for reentry into nursing practice.
26 (n) "Professional assistance program for nurses" means a
27 professional assistance program that meets criteria
28 established by the Committee on Nursing and approved by the
29 Director, which provides a non-disciplinary treatment
30 approach for nurses licensed under this Act whose ability to
31 practice is compromised by alcohol or chemical substance
32 addiction.
33 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
34 revised 8-12-97.)
-746- LRB9000999EGfgam01
1 (225 ILCS 65/4) (from Ch. 111, par. 3504)
2 Sec. 4. Policy; application of Act. For the protection
3 of life and the promotion of health, and the prevention of
4 illness and communicable diseases, any person practicing or
5 offering to practice professional and practical nursing in
6 Illinois shall submit evidence that he or she is qualified to
7 practice, and shall be licensed as provided under this Act.
8 No person shall practice or offer to practice professional or
9 practical nursing in Illinois or use any title, sign, card or
10 device to indicate that such a person is practicing
11 professional or practical nursing unless such person has been
12 licensed under the provisions of this Act.
13 This Act does not prohibit the following:
14 (a) The practice of nursing in Federal employment in the
15 discharge of the employee's duties by a person who is
16 employed by the United States government or any bureau,
17 division or agency thereof and is a legally qualified and
18 licensed nurse of another state or territory and not in
19 conflict with Sections 6, 12, and 25 of this Act.;
20 (b) Nursing that is included in their program of study
21 by students enrolled in programs of nursing or in current
22 nurse practice update courses approved by the Department.;
23 (c) The furnishing of nursing assistance in an
24 emergency.;
25 (d) The practice of nursing by a nurse who holds an
26 active license in another state when providing services to
27 patients in Illinois during a bonafide emergency or in
28 immediate preparation for or during interstate transit.;
29 (e) The incidental care of the sick by members of the
30 family, domestic servants or housekeepers, or care of the
31 sick where treatment is by prayer or spiritual means.;
32 (f) Persons from being employed as nursing aides,
33 attendants, orderlies, and other auxiliary workers in private
34 homes, long term care facilities, nurseries, hospitals or
-747- LRB9000999EGfgam01
1 other institutions.;
2 (g) The practice of practical nursing by one who has
3 applied in writing to the Department in form and substance
4 satisfactory to the Department, for a license as a licensed
5 practical nurse and has complied with all the provisions
6 under Section 12, except the passing of an examination to be
7 eligible to receive such license, until: the decision of the
8 Department that the applicant has failed to pass the next
9 available examination authorized by the Department, or
10 failed, without an approved excuse, to take the next
11 available examination authorized by the Department, or the
12 withdrawal of the application, not to exceed 3 months. No
13 applicant for licensure practicing under the provisions of
14 this paragraph shall practice practical nursing except under
15 the direct supervision of a registered professional nurse
16 licensed under this Act or a licensed physician, dentist or
17 podiatrist. In no instance shall any such applicant practice
18 or be employed in any supervisory capacity.;
19 (h) The practice of practical nursing by one who is a
20 licensed practical nurse under the laws of another U.S.
21 jurisdiction and has applied in writing to the Department, in
22 form and substance satisfactory to the Department, for a
23 license as a licensed practical nurse and who is qualified to
24 receive such license under Section 12, until: (1) the
25 expiration of 6 months after the filing of such written
26 application, or (2) the withdrawal of such application, or
27 (3) the denial of such application by the Department.;
28 (i) The practice of professional nursing by one who has
29 applied in writing to the Department in form and substance
30 satisfactory to the Department for a license as a registered
31 professional nurse and has complied with all the provisions
32 under Section 12 except the passing of an examination to be
33 eligible to receive such license until: the decision of the
34 Department that the applicant has failed to pass the next
-748- LRB9000999EGfgam01
1 available examination authorized by the Department, or
2 failed, without an approved excuse, to take the next
3 available examination authorized by the Department or the
4 withdrawal of the application, not to exceed 3 months. No
5 applicant for licensure practicing under the provisions of
6 this paragraph shall practice professional nursing except
7 under the direct supervision of a registered professional
8 nurse licensed under this Act. In no instance shall any such
9 applicant practice or be employed in any supervisory
10 capacity.;
11 (j) The practice of professional nursing by one who is a
12 registered professional nurse under the laws of another
13 state, territory of the United States or country and has
14 applied in writing to the Department, in form and substance
15 satisfactory to the Department, for a license as a registered
16 professional nurse and who is qualified to receive such
17 license under Section 12, until: (1) the expiration of 6
18 months after the filing of such written application, or (2)
19 the withdrawal of such application, or (3) the denial of such
20 application by the Department.;
21 (k) The practice of professional nursing that is
22 included in a program of study by one who is a registered
23 professional nurse under the laws of another state or
24 territory of the United States or foreign country, territory
25 or province and who is enrolled in a graduate nursing
26 education program or a program for the completion of a
27 baccalaureate nursing degree in this State which program
28 includes clinical supervision by faculty as determined by the
29 educational institution offering the program and the health
30 care organization where the practice of nursing occurs. The
31 educational institution will file with the Department each
32 academic term a list of the names and origin of license of
33 all professional nurses practicing nursing as part of their
34 programs under this provision.; or
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1 (l) Any person licensed in this State under any other
2 Act from engaging in the practice for which she or he is
3 licensed.
4 An applicant for license practicing under the exceptions
5 set forth in subparagraphs (g), (h), (i), and (j) of this
6 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
7 Pend. respectively and no other.
8 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
9 revised 8-12-97.)
10 (225 ILCS 65/24) (from Ch. 111, par. 3524)
11 Sec. 24. Fund. There is hereby created within the State
12 Treasury the Nursing Dedicated and Professional Fund. The
13 monies in the Fund may be used by and at the direction of the
14 Department for the administration and enforcement of this
15 Act, including but not limited to:
16 (a) Distribution and publication of the Illinois
17 Nursing Act of 1987 and the rules at the time of renewal
18 to all Registered Professional Nurses and Licensed
19 Practical Nurses licensed by the Department.
20 (b) Employment of secretarial, nursing,
21 administrative, enforcement, and other staff for the
22 administration of this Act.
23 (c) Conducting a survey, as prescribed by rule of
24 the Department, once every 4 years during the license
25 renewal period.
26 (d) Conducting of training seminars for licensees
27 under this Act relating to the obligations,
28 responsibilities, enforcement and other provisions of the
29 Act and its rules.
30 (e) Disposition of Fees:
31 (i) (Blank).
32 (ii) All of the fees and fines collected
33 pursuant to this Act shall be deposited in the
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1 Nursing Dedicated and Professional Fund.
2 (iii) For the fiscal year beginning July 1,
3 1988, the moneys deposited in the Nursing Dedicated
4 and Professional Fund shall be appropriated to the
5 Department for expenses of the Department and the
6 Board in the administration of this Act. All
7 earnings received from investment of moneys in the
8 Nursing Dedicated and Professional Fund shall be
9 deposited in the Nursing Dedicated and Professional
10 Fund and shall be used for the same purposes as fees
11 deposited in the Fund.
12 (iv) For the fiscal year beginning July 1,
13 1991 and for each fiscal year thereafter, either 10%
14 of the moneys deposited in the Nursing Dedicated and
15 Professional Fund each year, not including interest
16 accumulated on such moneys, or any moneys deposited
17 in the Fund in each year which are in excess of the
18 amount appropriated in that year to meet ordinary
19 and contingent expenses of the Board, whichever is
20 less, shall be set aside and appropriated to the
21 Illinois Department of Public Health for nursing
22 scholarships awarded pursuant to the Nursing
23 Education Scholarship Law.
24 (v) Moneys in the Fund may be transferred to
25 the Professions Indirect Cost Fund as authorized
26 under Section 61e of the Civil Administrative Code
27 of Illinois.
28 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
29 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
30 7-1-98; revised 8-18-97.)
31 Section 111. The Illinois Optometric Practice Act of
32 1987 is amended by changing Sections 3 and 24 as follows:
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1 (225 ILCS 80/3) (from Ch. 111, par. 3903)
2 Sec. 3. Practice of optometry defined; referrals;
3 manufacture of lenses and prisms.
4 (a) The practice of optometry is defined as the
5 employment of any and all means for the examination,
6 diagnosis, and treatment of the human visual system, the
7 human eye, and its appendages without the use of surgery,
8 including but not limited to: the appropriate use of
9 diagnostic ocular pharmaceutical agents and therapeutic
10 ocular pharmaceutical agents; refraction and other
11 determinants of visual function; prescribing corrective
12 lenses or prisms; prescribing, dispensing, or management of
13 contact lenses; vision therapy; visual rehabilitation; or any
14 other procedures taught in schools and colleges of optometry
15 approved by the Department, and not specifically restricted
16 in this Act, subject to demonstrated competency and training
17 as required by the Board, and pursuant to rule or regulation
18 approved by the Board and adopted by the Department.
19 A person shall be deemed to be practicing optometry
20 within the meaning of this Act who:
21 (1) In any way presents himself or herself to be
22 qualified to practice optometry.
23 (2) Performs refractions or employs any other
24 determinants of visual function.
25 (3) Employs any means for the adaptation of lenses
26 or prisms.
27 (4) Prescribes corrective lenses, prisms, vision
28 therapy, visual rehabilitation, or ocular pharmaceutical
29 agents.
30 (5) Prescribes or manages contact lenses for
31 refractive, cosmetic, or therapeutic purposes.
32 (6) Evaluates the need for, or prescribes, low
33 vision aids to partially sighted persons.
34 (7) Diagnoses or treats any ocular abnormality,
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1 disease, or visual or muscular anomaly of the human eye
2 or visual system.
3 (8) Practices, or offers or attempts to practice,
4 optometry as defined in this Act either on his or her own
5 behalf or as an employee of a person, firm, or
6 corporation, whether under the supervision of his or her
7 employer or not.
8 Nothing in this Section shall be interpreted to prevent a
9 person from functioning as an assistant under the direct
10 supervision of a person licensed by the State of Illinois to
11 practice optometry or medicine in all of its branches, or to
12 prohibit visual screening programs conducted by charitable
13 organizations acting in the public welfare under the
14 supervision of a committee composed of persons licensed by
15 the State of Illinois to practice optometry or persons
16 licensed by the State of Illinois to practice medicine in all
17 of its branches.
18 (b) When, in the course of providing optometric services
19 to any person, an optometrist licensed under this Act finds
20 an indication of a disease or condition of the eye which in
21 his or her professional judgment requires professional
22 service outside the scope of practice as defined in this Act,
23 he or she shall refer such person to a physician licensed to
24 practice medicine in all of its branches, or other
25 appropriate health care practitioner. Nothing in this Act
26 shall preclude an optometrist who is therapeutically
27 certified from rendering appropriate nonsurgical ophthalmic
28 emergency care.
29 (c) Nothing contained in this Section shall prohibit a
30 person from manufacturing ophthalmic opthalmic lenses and
31 prisms or the fabrication of contact lenses according to the
32 specifications prescribed by an optometrist or a physician
33 licensed to practice medicine in all of its branches, but
34 shall specifically prohibit the sale or delivery of
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1 ophthalmic opthalmic lenses, prisms, and contact lenses
2 without a prescription signed by an optometrist or a
3 physician licensed to practice medicine in all of its
4 branches.
5 (d) Nothing in this Act shall restrict the filling of a
6 prescription by a pharmacist licensed under the Pharmacy
7 Practice Act of 1987.
8 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97;
9 revised 7-7-97.)
10 (225 ILCS 80/24) (from Ch. 111, par. 3924)
11 Sec. 24. Grounds for disciplinary action.
12 (a) The Department may refuse to issue or to renew, or
13 may revoke, suspend, place on probation, reprimand or take
14 other disciplinary action as the Department may deem proper,
15 including fines not to exceed $5,000 for each violation, with
16 regard to any license or certificate for any one or
17 combination of the following causes:
18 (1) Violations of this Act, or of the rules
19 promulgated hereunder.
20 (2) Conviction of any crime under the laws of any
21 U.S. jurisdiction thereof that is a felony or that is a
22 misdemeanor of which an essential element is dishonesty,
23 or of any crime that is directly related to the practice
24 of the profession.
25 (3) Making any misrepresentation for the purpose of
26 obtaining a license or certificate.
27 (4) Professional incompetence or gross negligence
28 in the practice of optometry.
29 (5) Gross malpractice, prima facie evidence of
30 which may be a conviction or judgment of malpractice in
31 any court of competent jurisdiction.
32 (6) Aiding or assisting another person in violating
33 any provision of this Act or rules.
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1 (7) Failing, within 60 days, to provide information
2 in response to a written request made by the Department
3 that has been sent by certified or registered mail to the
4 licensee's last known address.
5 (8) Engaging in dishonorable, unethical, or
6 unprofessional conduct of a character likely to deceive,
7 defraud, or harm the public.
8 (9) Habitual or excessive use or addiction to
9 alcohol, narcotics, stimulants or any other chemical
10 agent or drug that results in the inability to practice
11 with reasonable judgment, skill, or safety.
12 (10) Discipline by another U.S. jurisdiction or
13 foreign nation, if at least one of the grounds for the
14 discipline is the same or substantially equivalent to
15 those set forth herein.
16 (11) Directly or indirectly giving to or receiving
17 from any person, firm, corporation, partnership, or
18 association any fee, commission, rebate, or other form of
19 compensation for any professional services not actually
20 or personally rendered. This shall not be deemed to
21 include (i) rent or other remunerations paid to an
22 individual, partnership, or corporation by an optometrist
23 for the lease, rental, or use of space, owned or
24 controlled, by the individual, partnership, corporation
25 or association, and (ii) the division of fees between an
26 optometrist and related professional service providers
27 with whom the optometrist practices in a professional
28 corporation organized under Section 3.6 of the
29 Professional Service Corporation Act.
30 (12) A finding by the Department that the licensee,
31 after having his or her license placed on probationary
32 status has violated the terms of probation.
33 (13) Abandonment of a patient.
34 (14) Willfully making or filing false records or
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1 reports in his or her practice, including but not limited
2 to false records filed with State agencies or
3 departments.
4 (15) Willfully failing to report an instance of
5 suspected child abuse or neglect as required by the
6 Abused and Neglected Child Reporting Act.
7 (16) Physical illness, including but not limited
8 to, deterioration through the aging process, or loss of
9 motor skill, mental illness, or disability that results
10 in the inability to practice the profession with
11 reasonable judgment, skill, or safety.
12 (17) Solicitation of professional services other
13 than permitted advertising.
14 (18) Failure to provide a patient with a copy of
15 his or her record or prescription upon the written
16 request of the patient.
17 (19) Conviction by any court of competent
18 jurisdiction, either within or without this State, of any
19 violation of any law governing the practice of optometry,
20 conviction in this or another State of any crime that is
21 a felony under the laws of this State or conviction of a
22 felony in a federal court, if the Department determines,
23 after investigation, that such person has not been
24 sufficiently rehabilitated to warrant the public trust.
25 (20) A finding that licensure has been applied for
26 or obtained by fraudulent means.
27 (21) Continued practice by a person knowingly
28 having an infectious or contagious disease.
29 (22) Being named as a perpetrator in an indicated
30 report by the Department of Children and Family Services
31 under the Abused and Neglected Child Reporting Act, and
32 upon proof by clear and convincing evidence that the
33 licensee has caused a child to be an abused child or a
34 neglected child as defined in the Abused and Neglected
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1 Child Reporting Act.
2 (23) Practicing or attempting to practice under a
3 name other than the full name as shown on his or her
4 license.
5 (24) Immoral conduct in the commission of any act,
6 such as sexual abuse, sexual misconduct or sexual
7 exploitation, related to the licensee's practice.
8 (25) Maintaining a professional relationship with
9 any person, firm, or corporation when the optometrist
10 knows, or should know, that such person, firm, or
11 corporation is violating this Act.
12 (26) Promotion of the sale of drugs, devices,
13 appliances or goods provided for a client or patient in
14 such manner as to exploit the patient or client for
15 financial gain of the licensee.
16 (27) Using the title "Doctor" or its abbreviation
17 without further qualifying that title or abbreviation
18 with the word "optometry" or "optometrist".
19 (28) Use by a licensed optometrist of the word
20 "infirmary", "hospital", "school", "university", in
21 English or any other language, in connection with the
22 place where optometry may be practiced or demonstrated.
23 (29) Continuance of an optometrist in the employ of
24 any person, firm or corporation, or as an assistant to
25 any optometrist or optometrists, directly or indirectly,
26 after his or her employer or superior has been found
27 guilty of violating or has been enjoined from violating
28 the laws of the State of Illinois relating to the
29 practice of optometry, when the employer or superior
30 persists in that violation.
31 (30) The performance of optometric service in
32 conjunction with a scheme or plan with another person,
33 firm or corporation known to be advertising in a manner
34 contrary to this Act or otherwise violating the laws of
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1 the State of Illinois concerning the practice of
2 optometry.
3 (31) Failure to provide satisfactory proof of
4 having participated in approved continuing education
5 programs as determined by the Board and approved by the
6 Director. Exceptions for extreme hardships are to be
7 defined by the rules of the Department.
8 (32) Willfully making or filing false records or
9 reports in the practice of optometry, including, but not
10 limited to false records to support claims against the
11 medical assistance program of the Department of Public
12 Aid under the Illinois Public Aid Code.
13 (33) Gross and willful overcharging for
14 professional services including filing false statements
15 for collection of fees for which services are not
16 rendered, including, but not limited to filing false
17 statements for collection of monies for services not
18 rendered from the medical assistance program of the
19 Department of Public Aid under the Illinois Public Aid
20 Code.
21 (34) In the absence of good reasons to the
22 contrary, failure to perform a minimum eye examination as
23 required by the rules of the Department.
24 (35) Violation of the Health Care Worker
25 Self-Referral Act.
26 The Department may refuse to issue or may suspend the
27 license or certificate of any person who fails to file a
28 return, or to pay the tax, penalty or interest shown in a
29 filed return, or to pay any final assessment of the tax,
30 penalty or interest, as required by any tax Act administered
31 by the Illinois Department of Revenue, until such time as the
32 requirements of any such tax Act are satisfied.
33 (a-5) In enforcing this Section, the Board upon a
34 showing of a possible violation, may compel any individual
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1 licensed to practice under this Act, or who has applied for
2 licensure or certification pursuant to this Act, to submit to
3 a mental or physical examination, or both, as required by and
4 at the expense of the Department. The examining physicians
5 or clinical psychologists shall be those specifically
6 designated by the Board. The Board or the Department may
7 order the examining physician or clinical psychologist to
8 present testimony concerning this mental or physical
9 examination of the licensee or applicant. No information
10 shall be excluded by reason of any common law or statutory
11 privilege relating to communications between the licensee or
12 applicant and the examining physician or clinical
13 psychologist. Eye examinations may be provided by a licensed
14 and certified therapeutic optometrist. The individual to be
15 examined may have, at his or her own expense, another
16 physician of his or her choice present during all aspects of
17 the examination. Failure of any individual to submit to a
18 mental or physical examination, when directed, shall be
19 grounds for suspension of a license until such time as the
20 individual submits to the examination if the Board finds,
21 after notice and hearing, that the refusal to submit to the
22 examination was without reasonable cause.
23 If the Board finds an individual unable to practice
24 because of the reasons set forth in this Section, the Board
25 shall require such individual to submit to care, counseling,
26 or treatment by physicians or clinical psychologists approved
27 or designated by the Board, as a condition, term, or
28 restriction for continued, reinstated, or renewed licensure
29 to practice, or in lieu of care, counseling, or treatment,
30 the Board may recommend to the Department to file a complaint
31 compliant to immediately suspend, revoke, or otherwise
32 discipline the license of the individual, or the Board may
33 recommend to the Department to file a complaint to suspend,
34 revoke, or otherwise discipline the license of the
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1 individual. Any individual whose license was granted
2 pursuant to this Act, or continued, reinstated, renewed,
3 disciplined, or supervised, subject to such conditions,
4 terms, or restrictions, who shall fail to comply with such
5 conditions, terms, or restrictions, shall be referred to the
6 Director for a determination as to whether the individual
7 shall have his or her license suspended immediately, pending
8 a hearing by the Board.
9 (b) The determination by a circuit court that a licensee
10 is subject to involuntary admission or judicial admission as
11 provided in the Mental Health and Developmental Disabilities
12 Code operates as an automatic suspension. The suspension
13 will end only upon a finding by a court that the patient is
14 no longer subject to involuntary admission or judicial
15 admission and issues an order so finding and discharging the
16 patient; and upon the recommendation of the Board to the
17 Director that the licensee be allowed to resume his or her
18 practice.
19 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98;
20 revised 12-23-97.)
21 Section 112. The Pharmacy Practice Act of 1987 is
22 amended by changing Sections 3, 4, and 33 a follows:
23 (225 ILCS 85/3) (from Ch. 111, par. 4123)
24 Sec. 3. Definitions. For the purpose of this Act, except
25 where otherwise limited therein:
26 (a) "Pharmacy" or "drugstore" means and includes every
27 store, shop, pharmacy department, or other place where
28 pharmaceutical care is provided by a pharmacist (1) where
29 drugs, medicines, or poisons are dispensed, sold or offered
30 for sale at retail, or displayed for sale at retail; or (2)
31 where prescriptions of physicians, dentists, veterinarians,
32 podiatrists, or therapeutically certified optometrists,
-760- LRB9000999EGfgam01
1 within the limits of their licenses, are compounded, filled,
2 or dispensed; or (3) which has upon it or displayed within
3 it, or affixed to or used in connection with it, a sign
4 bearing the word or words "Pharmacist", "Druggist",
5 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
6 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
7 any word or words of similar or like import, either in the
8 English language or any other language; or (4) where the
9 characteristic prescription sign (Rx) or similar design is
10 exhibited; or (5) any store, or shop, or other place with
11 respect to which any of the above words, objects, signs or
12 designs are used in any advertisement.
13 (b) "Drugs" means and includes (l) articles recognized
14 in the official United States Pharmacopoeia/National
15 Formulary (USP/NF), or any supplement thereto and being
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 (2) all other articles
21 intended for and having for their main use the diagnosis,
22 cure, mitigation, treatment or prevention of disease in man
23 or other animals, as approved by the United States Food and
24 Drug Administration, but does not include devices or their
25 components, parts, or accessories; and (3) articles (other
26 than food) having for their main use and intended to affect
27 the structure or any function of the body of man or other
28 animals; and (4) articles having for their main use and
29 intended for use as a component or any articles specified in
30 clause (l), (2) or (3); but does not include devices or their
31 components, parts or accessories.
32 (c) "Medicines" means and includes all drugs intended
33 for human or veterinary use approved by the United States
34 Food and Drug Administration.
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1 (d) "Practice of pharmacy" means the provision of
2 pharmaceutical care to patients as determined by the
3 pharmacist's professional judgment in the following areas,
4 which may include but are not limited to (1) patient
5 counseling, (2) interpretation and assisting in the
6 monitoring of appropriate drug use and prospective drug
7 utilization review, (3) providing information on the
8 therapeutic values, reactions, drug interactions, side
9 effects, uses, selection of medications and medical devices,
10 and outcome of drug therapy, (4) participation in drug
11 selection, drug monitoring, drug utilization review,
12 evaluation, administration, interpretation, application of
13 pharmacokinetic and laboratory data to design safe and
14 effective drug regimens, (5) drug research (clinical and
15 scientific), and (6) compounding and dispensing of drugs and
16 medical devices.
17 (e) "Prescription" means and includes any written, oral,
18 facsimile, or electronically transmitted order for drugs or
19 medical devices, issued by a physician licensed to practice
20 medicine in all its branches, dentist, veterinarian, or
21 podiatrist, or therapeutically certified optometrist, within
22 the limits of their licenses, or by a physician assistant in
23 accordance with subsection (f) of Section 4, containing the
24 following: (l) name of the patient; (2) date when
25 prescription was issued; (3) name and strength of drug or
26 description of the medical device prescribed; and (4)
27 quantity, (5) directions for use, (6) prescriber's name,
28 address and signature, and (7) DEA number where required, for
29 controlled substances. DEA numbers shall not be required on
30 inpatient drug orders.
31 (f) "Person" means and includes a natural person,
32 copartnership, association, corporation, government entity,
33 or any other legal entity.
34 (g) "Department" means the Department of Professional
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1 Regulation.
2 (h) "Board of Pharmacy" or "Board" means the State Board
3 of Pharmacy of the Department of Professional Regulation.
4 (i) "Director" means the Director of Professional
5 Regulation.
6 (j) "Drug product selection" means the interchange for a
7 prescribed pharmaceutical product in accordance with Section
8 25 of this Act and Section 3.14 of the Illinois Food, Drug
9 and Cosmetic Act.
10 (k) "Inpatient drug order" means an order issued by an
11 authorized prescriber for a resident or patient of a facility
12 licensed under the Nursing Home Care Act or the Hospital
13 Licensing Act, or "An Act in relation to the founding and
14 operation of the University of Illinois Hospital and the
15 conduct of University of Illinois health care programs",
16 approved July 3, 1931, as amended, or a facility which is
17 operated by the Department of Human Services (as successor to
18 the Department of Mental Health and Developmental
19 Disabilities) or the Department of Corrections.
20 (k-5) "Pharmacist" means an individual currently
21 licensed by this State to engage in the practice of pharmacy.
22 (l) "Pharmacist in charge" means the licensed pharmacist
23 whose name appears on a pharmacy license who is responsible
24 for all aspects of the operation related to the practice of
25 pharmacy.
26 (m) "Dispense" means the delivery of drugs and medical
27 devices, in accordance with applicable State and federal laws
28 and regulations, to the patient or the patient's
29 representative authorized to receive these products,
30 including the compounding, packaging, and labeling necessary
31 for delivery, and any recommending or advising concerning the
32 contents and therapeutic values and uses thereof. "Dispense"
33 does not mean the physical delivery to a patient or a
34 patient's representative in a home or institution by a
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1 designee of a pharmacist or by common carrier. "Dispense"
2 also does not mean the physical delivery of a drug or medical
3 device to a patient or patient's representative by a
4 pharmacist's designee within a pharmacy or drugstore while
5 the pharmacist is on duty and the pharmacy is open.
6 (n) "Mail-order pharmacy" means a pharmacy that is
7 located in a state of the United States, other than Illinois,
8 that delivers, dispenses or distributes, through the United
9 States Postal Service or other common carrier, to Illinois
10 residents, any substance which requires a prescription.
11 (o) "Compounding" means the preparation, mixing,
12 assembling, packaging, or labeling of a drug or medical
13 device: (1) as the result of a practitioner's prescription
14 drug order or initiative that is dispensed pursuant to a
15 prescription in the course of professional practice; or (2)
16 for the purpose of, or incident to, research, teaching, or
17 chemical analysis; or (3) in anticipation of prescription
18 drug orders based on routine, regularly observed prescribing
19 patterns.
20 (p) "Confidential information" means information,
21 maintained by the pharmacist in the patient's records,
22 released only (i) to the patient or, as the patient directs,
23 to other practitioners and other pharmacists or (ii) to any
24 other person authorized by law to receive the information.
25 (q) "Prospective drug review" or "drug utilization
26 evaluation" means a screening for potential drug therapy
27 problems due to therapeutic duplication, drug-disease
28 contraindications, drug-drug interactions (including serious
29 interactions with nonprescription or over-the-counter drugs),
30 drug-food interactions, incorrect drug dosage or duration of
31 drug treatment, drug-allergy interactions, and clinical abuse
32 or misuse.
33 (r) "Patient counseling" means the communication between
34 a pharmacist or a student pharmacist under the direct
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1 supervision of a pharmacist and a patient or the patient's
2 representative about the patient's medication or device for
3 the purpose of optimizing proper use of prescription
4 medications or devices. The offer to counsel by the
5 pharmacist or the pharmacist's designee, and subsequent
6 patient counseling by the pharmacist or student pharmacist,
7 shall be made in a face-to-face communication with the
8 patient or patient's representative unless, in the
9 professional judgment of the pharmacist, a face-to-face
10 communication is deemed inappropriate or unnecessary. In
11 that instance, the offer to counsel or patient counseling may
12 be made in a written communication, by telephone, or in a
13 manner determined by the pharmacist to be appropriate.
14 (s) "Patient profiles" or "patient drug therapy record"
15 means the obtaining, recording, and maintenance of patient
16 prescription and personal information.
17 (t) "Pharmaceutical care" includes, but is not limited
18 to, the act of monitoring drug use and other patient care
19 services intended to achieve outcomes that improve the
20 patient's quality of life but shall not include the sale of
21 over-the-counter drugs by a seller of goods and services who
22 does not dispense prescription drugs.
23 (u) "Medical device" means an instrument, apparatus,
24 implement, machine, contrivance, implant, in vitro reagent,
25 or other similar or related article, including any component
26 part or accessory, required under federal law to bear the
27 label "Caution: Federal law requires dispensing by or on the
28 order of a physician". A seller of goods and services who,
29 only for the purpose of retail sales, compounds, sells,
30 rents, or leases medical devices shall not, by reasons
31 thereof, be required to be a licensed pharmacy.
32 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
33 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
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1 (225 ILCS 85/4) (from Ch. 111, par. 4124)
2 Sec. 4. Exemptions. Nothing contained in any Section of
3 this Act shall apply to, or in any manner interfere with:
4 (a) the lawful practice of any physician licensed to
5 practice medicine in all of its branches, dentist,
6 podiatrist, veterinarian, or therapeutically or
7 diagnostically certified optometrist within the limits of his
8 or her license, or prevent him or her from supplying to his
9 or her bona fide patients such drugs, medicines, or poisons
10 as may seem to him appropriate;
11 (b) the sale of compressed gases;
12 (c) the sale of patent or proprietary medicines and
13 household remedies when sold in original and unbroken
14 packages only, if such patent or proprietary medicines and
15 household remedies be properly and adequately labeled as to
16 content and usage and generally considered and accepted as
17 harmless and nonpoisonous when used according to the
18 directions on the label, and also do not contain opium or
19 coca leaves, or any compound, salt or derivative thereof, or
20 any drug which, according to the latest editions of the
21 following authoritative pharmaceutical treatises and
22 standards, namely, The United States Pharmacopoeia/National
23 Formulary (USP/NF), the United States Dispensatory, and the
24 Accepted Dental Remedies of the Council of Dental
25 Therapeutics of the American Dental Association or any or
26 either of them, in use on the effective date of this Act, or
27 according to the existing provisions of the Federal Food,
28 Drug, and Cosmetic Act and Regulations of the Department of
29 Health and Human Services, Food and Drug Administration,
30 promulgated thereunder now in effect, is designated,
31 described or considered as a narcotic, hypnotic, habit
32 forming, dangerous, or poisonous drug;
33 (d) the sale of poultry and livestock remedies in
34 original and unbroken packages only, labeled for poultry and
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1 livestock medication; and
2 (e) the sale of poisonous substances or mixture of
3 poisonous substances, in unbroken packages, for nonmedicinal
4 use in the arts or industries or for insecticide purposes;
5 provided, they are properly and adequately labeled as to
6 content and such nonmedicinal usage, in conformity with the
7 provisions of all applicable federal, state and local laws
8 and regulations promulgated thereunder now in effect relating
9 thereto and governing the same, and those which are required
10 under such applicable laws and regulations to be labeled with
11 the word "Poison", are also labeled with the word "Poison"
12 printed thereon in prominent type and the name of a readily
13 obtainable antidote with directions for its administration;
14 and
15 (f) the delegation of limited prescriptive authority by
16 a physician licensed to practice medicine in all its branches
17 to a physician assistant under Section 7.5 of the Physician
18 Assistant Practice Act of 1987. This delegated authority may
19 but is not required to include prescription of Schedule III,
20 IV, or V controlled substances, as defined in Article II of
21 the Illinois Controlled Substances Act, in accordance with
22 written guidelines under Section 7.5 of the Physician
23 Assistant Practice Act of 1987.
24 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
25 revised 8-5-97.)
26 (225 ILCS 85/33) (from Ch. 111, par. 4153)
27 Sec. 33. The Director of the Department may, upon
28 receipt of a written communication from the Secretary of
29 Human Services, the Director of Public Aid, or the Director
30 of Public Health that continuation of practice of a person
31 licensed or registered under this Act constitutes an
32 immediate danger to the public, immediately suspend the
33 license or registration of such person without a hearing. In
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1 instances in which the Director immediately suspends a
2 license or registration under this Act Action, a hearing upon
3 such person's license must be convened by the Board within 15
4 days after such suspension and completed without appreciable
5 delay, such hearing held to determine whether to recommend to
6 the Director that the person's license be revoked, suspended,
7 placed on probationary status or reinstated, or such person
8 be subject to other disciplinary action. In such hearing,
9 the written communication and any other evidence submitted
10 therewith may be introduced as evidence against such person;
11 provided however, the person, or his counsel, shall have the
12 opportunity to discredit or impeach such evidence and submit
13 evidence rebutting same.
14 (Source: P.A. 89-507, eff. 7-1-97; revised 12-18-97.)
15 Section 113. The Illinois Physical Therapy Act is
16 amended by changing Section 23 as follows:
17 (225 ILCS 90/23) (from Ch. 111, par. 4273)
18 Sec. 23. Rehearing. In any case involving the refusal
19 to issue, renew or discipline of a license, a copy of the
20 Committee's report shall be served upon the respondent by the
21 Department, either personally or as provided in this Act for
22 the service of the notice of hearing. Within 20 days after
23 such service, the respondent may present to the Department a
24 motion in writing for a rehearing, which motion shall specify
25 the particular grounds therefor. If no motion for rehearing
26 is filed, then upon the expiration of the time specified for
27 filing such a motion, or if a motion for rehearing is denied,
28 then upon such denial the Director may enter an order in
29 accordance with recommendations of the Committee except as
30 provided in Section 22 16.6 of this Act. If the respondent
31 shall order from the reporting service, and pay for a
32 transcript of the record within the time for filing a motion
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1 for rehearing, the 20 day period within which such a motion
2 may be filed shall commence upon the delivery of the
3 transcript to the respondent.
4 (Source: P.A. 84-595; revised 12-23-97.)
5 Section 114. The Physician Assistant Practice Act of
6 1987 is amended by changing Sections 6 and 21 as follows:
7 (225 ILCS 95/6) (from Ch. 111, par. 4606)
8 Sec. 6. Title; Designation; billing. No physician
9 assistant shall use the title of doctor or associate with his
10 or her name or any other term that would indicate to other
11 persons that he or she is qualified to engage in the general
12 practice of medicine.
13 A physician assistant shall not be allowed to bill
14 patients or in any way to charge for services. Nothing in
15 this Act, however, shall be so construed as to prevent the
16 employer of a physician assistant from charging for services
17 rendered by the physician assistant. Payment for services
18 rendered by a physician assistant shall be made to his or her
19 employer if the payor would have made payment had the
20 services been provided by a physician licensed to practice
21 medicine in all its branches.
22 The supervising physician shall file with the Department
23 notice of employment, discharge, or supervisory control of a
24 physician assistant at the time of employment, discharge, or
25 assumption of supervisory control of a physician assistant.
26 (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
27 revised 8-12-97.)
28 (225 ILCS 95/21) (from Ch. 111, par. 4621)
29 Sec. 21. Grounds for disciplinary action Discipline.
30 (a) The Department may refuse to issue or to renew, or
31 may revoke, suspend, place on probation, censure or
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1 reprimand, or take other disciplinary action with regard to
2 any license issued under this Act as the Department may deem
3 proper, including the issuance of fines not to exceed $5000
4 for each violation, for any one or combination of the
5 following causes:
6 (1) Material misstatement in furnishing information
7 to the Department.
8 (2) Violations of this Act, or the rules adopted
9 under this Act.
10 (3) Conviction of any crime under the laws of any
11 U.S. jurisdiction that is a felony or that is a
12 misdemeanor, an essential element of which is dishonesty,
13 or of any crime which is directly related to the practice
14 of the profession.
15 (4) Making any misrepresentation for the purpose of
16 obtaining licenses.
17 (5) Professional incompetence.
18 (6) Aiding or assisting another person in violating
19 any provision of this Act or its rules.
20 (7) Failing, within 60 days, to provide information
21 in response to a written request made by the Department.
22 (8) Engaging in dishonorable, unethical, or
23 unprofessional conduct, as defined by rule, of a
24 character likely to deceive, defraud, or harm the public.
25 (9) Habitual or excessive use or addiction to
26 alcohol, narcotics, stimulants, or any other chemical
27 agent or drug that results in a physician assistant's
28 inability to practice with reasonable judgment, skill, or
29 safety.
30 (10) Discipline by another U.S. jurisdiction or
31 foreign nation, if at least one of the grounds for
32 discipline is the same or substantially equivalent to
33 those set forth in this Section.
34 (11) Directly or indirectly giving to or receiving
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1 from any person, firm, corporation, partnership, or
2 association any fee, commission, rebate or other form of
3 compensation for any professional services not actually
4 or personally rendered.
5 (12) A finding by the Disciplinary Board that the
6 licensee, after having his or her license placed on
7 probationary status has violated the terms of probation.
8 (13) Abandonment of a patient.
9 (14) Willfully making or filing false records or
10 reports in his or her practice, including but not limited
11 to false records filed with state agencies or
12 departments.
13 (15) Willfully failing to report an instance of
14 suspected child abuse or neglect as required by the
15 Abused and Neglected Child Reporting Act.
16 (16) Physical illness, including but not limited
17 to, deterioration through the aging process, or loss of
18 motor skill, mental illness, or disability that results
19 in the inability to practice the profession with
20 reasonable judgment, skill or safety.
21 (17) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act, and
24 upon proof by clear and convincing evidence that the
25 licensee has caused a child to be an abused child or
26 neglected child as defined in the Abused and Neglected
27 Child Reporting Act.
28 (18) Conviction in this State or another state of
29 any crime that is a felony under the laws of this State,
30 or conviction of a felony in a federal court.
31 (19) Gross malpractice resulting in permanent
32 injury or death of a patient.
33 (20) Employment of fraud, deception or any unlawful
34 means in applying for or securing a license as a
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1 physician assistant.
2 (21) Exceeding the authority delegated to him or
3 her by his or her supervising physician in guidelines
4 established by the physician/physician assistant team.
5 (22) Immoral conduct in the commission of any act,
6 such as sexual abuse, sexual misconduct or sexual
7 exploitation related to the licensee's practice.
8 (23) Violation of the Health Care Worker
9 Self-Referral Act.
10 (24) Practicing under a false or assumed name,
11 except as provided by law.
12 (25) Making a false or misleading statement
13 regarding his or her skill or the efficacy or value of
14 the medicine, treatment, or remedy prescribed by him or
15 her in the course of treatment.
16 (26) Allowing another person to use his or her
17 license to practice.
18 (27) Prescribing, selling, administering,
19 distributing, giving, or self-administering a drug
20 classified as a controlled substance (designated product)
21 or narcotic for other than medically-accepted therapeutic
22 purposes.
23 (28) Promotion of the sale of drugs, devices,
24 appliances, or goods provided for a patient in a manner
25 to exploit the patient for financial gain.
26 (29) A pattern of practice or other behavior that
27 demonstrates incapacity or incompetence to practice under
28 this Act.
29 (30) Violating State or federal laws or regulations
30 relating to controlled substances.
31 (31) Exceeding the limited prescriptive authority
32 delegated by the supervising physician or violating the
33 written guidelines delegating that authority.
34 (32) Practicing without providing to the Department
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1 a notice of supervision or delegation of prescriptive
2 authority.
3 (b) The Department may refuse to issue or may suspend
4 the license of any person who fails to file a return, or to
5 pay the tax, penalty or interest shown in a filed return, or
6 to pay any final assessment of the tax, penalty, or interest
7 as required by any tax Act administered by the Illinois
8 Department of Revenue, until such time as the requirements of
9 any such tax Act are satisfied.
10 (c) The determination by a circuit court that a licensee
11 is subject to involuntary admission or judicial admission as
12 provided in the Mental Health and Developmental Disabilities
13 Code operates as an automatic suspension. The suspension will
14 end only upon a finding by a court that the patient is no
15 longer subject to involuntary admission or judicial admission
16 and issues an order so finding and discharging the patient,
17 and upon the recommendation of the Disciplinary Board to the
18 Director that the licensee be allowed to resume his or her
19 practice.
20 (d) In enforcing this Section, the Department upon a
21 showing of a possible violation may compel an individual
22 licensed to practice under this Act, or who has applied for
23 licensure under this Act, to submit to a mental or physical
24 examination, or both, as required by and at the expense of
25 the Department. The Department may order the examining
26 physician to present testimony concerning the mental or
27 physical examination of the licensee or applicant. No
28 information shall be excluded by reason of any common law or
29 statutory privilege relating to communications between the
30 licensee or applicant and the examining physician. The
31 examining physicians shall be specifically designated by the
32 Department. The individual to be examined may have, at his or
33 her own expense, another physician of his or her choice
34 present during all aspects of this examination. Failure of
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1 an individual to submit to a mental or physical examination,
2 when directed, shall be grounds for suspension of his or her
3 license until the individual submits to the examination if
4 the Department finds, after notice and hearing, that the
5 refusal to submit to the examination was without reasonable
6 cause.
7 If the Department finds an individual unable to practice
8 because of the reasons set forth in this Section, the
9 Department may require that individual to submit to care,
10 counseling, or treatment by physicians approved or designated
11 by the Department, as a condition, term, or restriction for
12 continued, reinstated, or renewed licensure to practice; or,
13 in lieu of care, counseling, or treatment, the Department may
14 file a complaint to immediately suspend, revoke, or otherwise
15 discipline the license of the individual. An individual whose
16 license was granted, continued, reinstated, renewed,
17 disciplined, or supervised subject to such terms, conditions,
18 or restrictions, and who fails to comply with such terms,
19 conditions, or restrictions, shall be referred to the
20 Director for a determination as to whether the individual
21 shall have his or her license suspended immediately, pending
22 a hearing by the Department.
23 In instances in which the Director immediately suspends a
24 person's license under this Section, a hearing on that
25 person's license must be convened by the Department within 15
26 days after the suspension and completed without appreciable
27 delay. The Department shall have the authority to review the
28 subject individual's record of treatment and counseling
29 regarding the impairment to the extent permitted by
30 applicable federal statutes and regulations safeguarding the
31 confidentiality of medical records.
32 An individual licensed under this Act and affected under
33 this Section shall be afforded an opportunity to demonstrate
34 to the Department that he or she can resume practice in
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1 compliance with acceptable and prevailing standards under the
2 provisions of his or her license.
3 (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
4 revised 8-12-97.)
5 Section 115. The Professional Boxing and Wrestling Act
6 is amended by changing Section 11 as follows:
7 (225 ILCS 105/11) (from Ch. 111, par. 5011)
8 Sec. 11. The Department shall grant licenses to the
9 following persons if the following qualifications are met:
10 (A) An applicant for licensure as a contestant in a
11 boxing match must: (1) be 18 years old, except when the
12 applicant has exhibited unusual maturity or ability, (2) be
13 of good moral character, (3) file an application stating the
14 applicant's correct name, (and no assumed or ring name may be
15 used unless such name is registered with the Department along
16 with the applicant's correct name), date and place of birth,
17 place of current residence, and a sworn statement that he is
18 not currently in violation of any federal, State or local
19 laws or rules governing boxing, (4) file a certificate of a
20 physician licensed to practice medicine in all of its
21 branches which attests that the applicant is physically fit
22 and qualified to participate in boxing matches, and (5) pay
23 the required fee.
24 (B) An applicant for licensure as a boxing promoter,
25 referee, judge, manager, trainer or timekeeper must: (1) be
26 of good moral character, (2) file an application stating the
27 applicant's name, date and place of birth, and place of
28 current residence along with a sworn statement that he is not
29 currently in violation of any federal, State or local laws or
30 rules governing boxing, (3) have had satisfactory experience
31 in his field, and (4) pay the required fee. An applicant for
32 licensure as a referee, manager or trainer must also file
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1 proof that he has participated in medical seminars pertaining
2 to boxing contests, the curriculum and number of hours of
3 which the Department by rule deems sufficient.
4 (C) An applicant for registration as a wrestling
5 promoter must: (1) be of good moral character, (2) file an
6 application with the Department stating the applicant's name,
7 date and place of birth, and place of current residence
8 resident along with a sworn statement that he is not
9 currently in violation of any federal, State or local laws or
10 rules governing wrestling, and (3) pay the required fee.
11 In determining good moral character, the Department may
12 take into consideration any felony conviction of the
13 applicant, but such a conviction shall not operate as a bar
14 to licensure. No license issued under this Act is
15 transferable.
16 (Source: P.A. 83-398; revised 12-18-97.)
17 Section 116. The Respiratory Care Practice Act is
18 amended by changing Section 95 as follows:
19 (225 ILCS 106/95)
20 Sec. 95. Grounds for discipline.
21 (a) The Department may refuse to issue, renew, or may
22 revoke, suspend, place on probation, reprimand, or take other
23 disciplinary action as the Department considers appropriate,
24 including the issuance of fines not to exceed $5,000 for each
25 violation, with regard to any license for any one or more of
26 the following:
27 (1) Material misstatement in furnishing information
28 to the Department or to any other State or federal
29 agency.
30 (2) Violations of this Act, or any of its rules.
31 (3) Conviction of any crime under the laws of the
32 United States or any state or territory thereof that is a
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1 felony or a misdemeanor, an essential element of which is
2 dishonesty, or of any crime that is directly related to
3 the practice of the profession.
4 (4) Making any misrepresentation for the purpose of
5 obtaining a license.
6 (5) Professional incompetence or negligence in the
7 rendering of respiratory care services.
8 (6) Malpractice.
9 (7) Aiding or assisting another person in violating
10 any rules or provisions of this Act.
11 (8) Failing to provide information within 60 days
12 in response to a written request made by the Department.
13 (9) Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public.
16 (10) Violating the rules of professional conduct
17 adopted by the Department.
18 (11) Discipline by another jurisdiction, if at
19 least one of the grounds for the discipline is the same
20 or substantially equivalent to those set forth in this
21 Act.
22 (12) Directly or indirectly giving to or receiving
23 from any person, firm, corporation, partnership, or
24 association any fee, commission, rebate, or other form of
25 compensation for any professional services not actually
26 rendered.
27 (13) A finding by the Department that the licensee,
28 after having the license placed on probationary status,
29 has violated the terms of the probation.
30 (14) Abandonment of a patient.
31 (15) Willfully filing false reports relating to a
32 licensee's practice including, but not limited to, false
33 records filed with a federal or State agency or
34 department.
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1 (16) Willfully failing to report an instance of
2 suspected child abuse or neglect as required by the
3 Abused and Neglected Child Reporting Act.
4 (17) Providing respiratory care, other than
5 pursuant to the prescription of a licensed physician.
6 (18) Physical or mental disability including, but
7 not limited to, deterioration through the aging process
8 or loss of motor skills that results in the inability to
9 practice the profession with reasonable judgment, skill,
10 or safety.
11 (19) Solicitation of professional services by using
12 false or misleading advertising.
13 (20) Failure to file a tax return, or to pay the
14 tax, penalty, or interest shown in a filed return, or to
15 pay any final assessment of tax penalty, or interest, as
16 required by any tax Act administered by the Illinois
17 Department of Revenue or of any successor agency or the
18 Internal Revenue Service or any successor agency.
19 (21) Irregularities in billing a third party for
20 services rendered or in reporting charges for services
21 not rendered.
22 (22) Being named as a perpetrator in an indicated
23 report by the Department of Children and Family Services
24 under the Abused and Neglected Child Reporting Act, and
25 upon proof by clear and convincing evidence that the
26 licensee has caused a child to be an abused child or
27 neglected child as defined in the Abused and Neglected
28 Child Reporting Act.
29 (23) Habitual or excessive use or addiction to
30 alcohol, narcotics, stimulants, or any other chemical
31 agent or drug that results in an inability to practice
32 with reasonable skill, judgment, or safety.
33 (b) The determination by a court that a licensee is
34 subject to involuntary admission or judicial admission as
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1 provided in the Mental Health and Developmental Disabilities
2 Code will result in an automatic suspension of his or her
3 license. The suspension will end upon a finding by a court
4 that the licensee is no longer subject to involuntary
5 admission or judicial admission, the issuance of an order so
6 finding and discharging the patient, and the recommendation
7 of the Board to the Director that the licensee be allowed to
8 resume his or her practice.
9 (Source: P.A. 89-33, eff. 1-1-96; revised 12-18-97.)
10 Section 117. The Veterinary Medicine and Surgery
11 Practice Act of 1994 is amended by changing Sections 3, 11,
12 and 26 as follows:
13 (225 ILCS 115/3) (from Ch. 111, par. 7003)
14 Sec. 3. Definitions; unlicensed practice prohibited.
15 (a) The following terms have the meanings indicated,
16 unless the context requires otherwise:
17 (A) "Department" means the Department of Professional
18 Regulation.
19 (B) "Board" means the Veterinary Licensing and
20 Disciplinary Board.
21 (C) "Director" means the Director of the Department of
22 Professional Regulation.
23 (D) "Veterinarian" means a person holding the degree of
24 Doctor of Veterinary Medicine and Surgery and licensed under
25 this Act.
26 (E) The practice of veterinary medicine and surgery
27 occurs when a person:
28 (1) Directly or indirectly diagnoses, prognoses,
29 treats, administers to, prescribes for, operates on,
30 manipulates or applies any apparatus or appliance for any
31 disease, pain, deformity, defect, injury, wound or
32 physical or mental condition of any animal or bird or for
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1 the prevention of, or to test for the presence of any
2 disease of any animal or bird. The practice of
3 veterinary medicine and surgery includes veterinarian
4 dentistry.
5 (2) Represents himself or herself oneself as
6 engaged in the practice of veterinary medicine and
7 surgery as defined in paragraph (1) of this subsection,
8 or uses any words, letters or titles in such connection
9 and under such circumstances as to induce the belief that
10 the person using them is engaged in the practice of
11 veterinary medicine and surgery in any of its branches,
12 or that such person is a Doctor of Veterinary Medicine.
13 (F) "Animal" means any bird, fish, reptile, or mammal
14 other than man.
15 (G) "Veterinarian client - patient relationship" means:
16 (1) The veterinarian has assumed the responsibility
17 for making medical judgments regarding the health of an
18 animal and the need for medical treatment and the client,
19 owner, or other caretaker has agreed to follow the
20 instructions of the veterinarian.
21 (2) There is sufficient knowledge of an animal by
22 the veterinarian to initiate at least a general or
23 preliminary diagnosis of the medical condition of the
24 animal. This means that the veterinarian has recently
25 seen and is personally acquainted with the keeping and
26 care of the animal by virtue virture of an examination of
27 the animal or by medically appropriate and timely visits
28 to the premises where the animal is kept.
29 (3) The practicing veterinarian is readily
30 available for follow-up in case of adverse reactions or
31 failure of the regimen of therapy.
32 (b) Subject to the exemptions in Section 4 of this Act,
33 no person shall practice veterinary medicine and surgery in
34 any of its branches without a valid license to do so.
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1 (Source: P.A. 88-424; revised 7-7-97.)
2 (225 ILCS 115/11) (from Ch. 111, par. 7011)
3 Sec. 11. Temporary permits. A person holding the degree
4 of Doctor of Veterinary Medicine, or its equivalent, from an
5 approved veterinary program, and who has applied in writing
6 to the Department for a license to practice veterinary
7 medicine and surgery in any of its branches, and who has
8 fulfilled the requirements of Section 8 of this Act, with the
9 exception of receipt of notification of his or her
10 examination results, may receive, at the discretion of the
11 Department, a temporary permit to practice under a specified
12 veterinarian who is licensed in this State, until: (1) the
13 applicant has been notified of the results of the examination
14 authorized by the Department; or (2) the applicant has
15 withdrawn his or her application.
16 A temporary permit may be issued by the Department to a
17 person who is a veterinarian licensed under the laws of
18 another state, a territory of the United States, or a foreign
19 country, upon application in writing to the Department for a
20 license under this Act if he or she her is qualified to
21 receive a license and until: (1) the expiration of 6 months
22 after the filing of the written application, (2) the
23 withdrawal of the application or (3) the denial of the
24 application by the Department.
25 A temporary permit issued under this Section shall not be
26 extended or renewed. The holder of a temporary permit shall
27 perform only those acts that may be prescribed by and
28 incidental to his or her employment and that act shall be
29 performed under the direction of a specified licensed
30 veterinarian. He shall not be entitled to otherwise engage
31 in the practice of veterinary medicine until fully licensed
32 in this State.
33 Upon the revocation of a temporary permit the Department
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1 shall immediately notify, by certified mail, the specified
2 veterinarian employing the holder of a temporary permit and
3 the holder of the permit. A temporary permit shall be
4 revoked by the Department upon proof that the holder of the
5 permit has engaged in the practice of veterinary medicine in
6 this State outside his or her employment under a licensed
7 veterinarian.
8 (Source: P.A. 88-424; revised 12-18-97.)
9 (225 ILCS 115/26) (from Ch. 111, par. 7026)
10 Sec. 26. It is declared to be the public policy of this
11 State, pursuant to paragraphs (h) and (i) of Section 6 of
12 Article VII of the th Illinois Constitution of 1970, that any
13 power or function set forth in this Act to be exercised by
14 the State is an exclusive State power or function. Such power
15 or function shall not be exercised concurrently, either
16 directly or indirectly, by any unit of local government,
17 including home rule units, except as otherwise provided in
18 this Act.
19 (Source: P.A. 83-1016; revised 7-7-97.)
20 Section 118. The Fire Equipment Distributor and Employee
21 Regulation Act is amended by changing Section 17 as follows:
22 (225 ILCS 215/17) (from Ch. 111, par. 8017)
23 Sec. 17. Licensees subject to this Act shall conduct
24 their practice in accordance with this Act and with any rules
25 promulgated pursuant hereto. Licensees shall be subject to
26 the exercise of the disciplinary sanctions enumerated in
27 Section 19 if the State Fire Marshal finds that a licensee is
28 guilty of any of the following:
29 (1) fraud or material deception in obtaining or renewing
30 of a license;
31 (2) professional incompetence as manifested by poor
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1 standards of service;
2 (3) engaging in dishonorable, unethical or
3 unprofessional conduct of a character likely to deceive,
4 defraud or harm the public in the course of professional
5 services or activities;
6 (4) conviction of any crime by a licensee which has a
7 substantial relationship to his practice or an essential
8 element of which is misstatement, fraud or dishonesty, or
9 conviction in this or another state of any crime which is a
10 felony under the laws of Illinois or conviction of a felony
11 in a federal court, unless such person demonstrates that he
12 has been sufficiently rehabilitated to warrant the public
13 trust;
14 (5) performing any services in the grossly negligent
15 manner or permitting any of his licensed employees to perform
16 services in a grossly negligent manner, regardless of whether
17 actual damage or damages to the public is established;
18 (6) habitual drunkenness drunkeness or habitual
19 addiction to the use of morphine, cocaine, controlled
20 substances or other habit-forming drugs;
21 (7) directly or indirectly willfully receiving
22 compensation for any professional services not actually
23 rendered;
24 (8) having disciplinary action taken against his license
25 in another state;
26 (9) making differential treatment against any person to
27 his detriment because of race, color, creed, sex, religion or
28 national origin;
29 (10) engaging in unprofessional conduct;
30 (11) engaging in false or misleading advertising;
31 (12) contracting or assisting unlicensed persons to
32 perform services for which a license is required under this
33 Act;
34 (13) permitting the use of his license to enable any
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1 unlicensed person or agency to operate as a licensee;
2 (14) performing and charging for services without having
3 authorization to do so from the member of the public being
4 served serviced;
5 (15) failure to comply with any provision of this Act or
6 the rules promulgated pursuant thereto;
7 (16) conducting business regulated by this Act without a
8 currently valid license.
9 (Source: P.A. 85-1434; revised 7-7-97.)
10 Section 119. The Illinois Professional Land Surveyor Act
11 of 1989 is amended by changing Section 15 as follows:
12 (225 ILCS 330/15) (from Ch. 111, par. 3265)
13 Sec. 15. Seal. Every Professional Land Surveyor shall
14 have a reproducible reproducable seal or facsimile, the
15 impression of which shall contain the name of the land
16 surveyor, his place of business, the license number, and the
17 words "Professional Land Surveyor, State of Illinois". A
18 Professional Land Surveyor shall seal or stamp all documents
19 prepared by or under the direct supervision and control of
20 the Professional Land Surveyor. Any seal authorized or
21 approved by the Department under the Illinois Land Surveyors
22 Act shall serve the same purpose as the seal provided for by
23 this Act.
24 (Source: P.A. 86-987; revised 7-7-97.)
25 Section 120. The Child Protective Investigator and Child
26 Welfare Specialist Certification Act of 1987 is amended by
27 changing Section 9 as follows:
28 (225 ILCS 420/9) (from Ch. 111, par. 7659)
29 Sec. 9. (a) The Department may refuse to certify, or may
30 revoke, suspend, place on probation, censure, reprimand or
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1 take other disciplinary action against a certification status
2 in accordance with grievance and due process procedures
3 applicable to existing collective bargaining agreements for
4 any of the following reasons:
5 (1) material misstatement in furnishing information to
6 the Department;
7 (2) willfully violating this Act, or of the rules
8 promulgated thereunder;
9 (3) conviction of any crime under the laws of the United
10 States or any state or territory thereof which is a felony or
11 which is a misdemeanor, an essential element of which is
12 dishonesty, or of any crime which is directly related to the
13 duties of a child protective investigator or a child welfare
14 specialist;
15 (4) making any misrepresentation for the purpose of
16 obtaining certification;
17 (5) having demonstrated incompetence to act as a child
18 protective investigator or child welfare specialist in such a
19 manner as to endanger the safety of the public;
20 (6) willfully aiding or assisting another person in
21 violating any provisions of this Act or rules;
22 (7) engaging in unethical or unprofessional conduct of a
23 character likely to deceive, defraud or harm the public;
24 (8) willfully making or filing false records or reports
25 in the capacity of a child protective investigator or child
26 welfare specialist, including but not limited to false
27 records filed with the State agencies or department;
28 (9) physical or mental deterioration which results in
29 the inability to perform the duties of the profession with
30 reasonable judgment, skill or safety as determined by a
31 qualified physician;
32 (10) gross negligence;
33 (11) accepting commissions or rebates or other forms of
34 remuneration for referring persons to other professionals,
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1 persons or institutions, during the course of duties.
2 (b) The determination by a circuit court that a
3 certified child protective investigator or child welfare
4 specialist is subject to involuntary admission or judicial
5 admission as provided in the Mental Health and Developmental
6 Disabilities Code, as now or hereafter amended, operates as
7 an automatic suspension. Such suspension will end only upon a
8 release of the patient from form such involuntary admission
9 or judicial admission.
10 (Source: P.A. 85-206; revised 12-18-97.)
11 Section 121. The Illinois Public Accounting Act is
12 amended by changing Section 20.01 as follows:
13 (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
14 Sec. 20.01. Grounds for discipline.
15 (a) The Department may refuse to issue or renew, or may
16 revoke, suspend, or reprimand any license or licensee, place
17 a licensee on probation for a period of time subject to any
18 conditions the Committee may specify including requiring the
19 licensee to attend continuing education courses or to work
20 under the supervision of another licensee, impose a fine not
21 to exceed $5,000 for each violation, restrict the authorized
22 scope of practice, or require a licensee to undergo a peer
23 review program, for any one or more of the following:
24 (1) Violation of any provision of this Act.;
25 (2) Attempting to procure a license to practice
26 public accounting by bribery or fraudulent
27 misrepresentations.;
28 (3) Having a license to practice public accounting
29 revoked, suspended, or otherwise acted against, including
30 the denial of licensure, by the licensing authority of
31 another state, territory, or country. No disciplinary
32 action shall be taken in Illinois if the action taken in
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1 another jurisdiction was based upon failure to meet the
2 continuing professional education requirements of that
3 jurisdiction and the applicable Illinois continuing
4 professional education requirements are met.;
5 (4) Being convicted or found guilty, regardless of
6 adjudication, of a crime in any jurisdiction which
7 directly relates to the practice of public accounting or
8 the ability to practice public accounting.;
9 (5) Making or filing a report or record which the
10 registrant knows to be be false, willfully failing to
11 file a report or record required by state or federal law,
12 willfully impeding or obstructing the filing, or inducing
13 another person to impede or obstruct the filing. The
14 reports or records shall include only those that are
15 signed in the capacity of a public accountant.;
16 (6) Conviction in this or another State or the
17 District of Columbia, or any United States Territory, of
18 any crime that is punishable by one year or more in
19 prison or conviction of a crime in a federal court that
20 is punishable by one year or more in prison.;
21 (7) Proof that the licensee is guilty of fraud or
22 deceit, or of gross negligence, incompetency, or
23 misconduct, in the practice of public accounting.;
24 (8) Violation of any rule adopted under this Act.;
25 (9) Practicing on a revoked, suspended, or inactive
26 license.;
27 (10) Suspension or revocation of the right to
28 practice before any State.;
29 (11) Conviction of any crime under the laws of the
30 United States or any state or territory of the United
31 States that is a felony or misdemeanor and has dishonesty
32 as essential element, or of any crime that is directly
33 related to the practice of the profession.
34 (12) Making any misrepresentation for the purpose
-787- LRB9000999EGfgam01
1 of obtaining a license, or material misstatement in
2 furnishing information to the Department.
3 (13) Aiding or assisting another person in
4 violating any provision of this Act or rules promulgated
5 hereunder.
6 (14) Engaging in dishonorable, unethical, or
7 unprofessional conduct of a character likely to deceive,
8 defraud, or harm the public and violating the rules of
9 professional conduct adopted by the Department.
10 (15) Habitual or excessive use or addiction to
11 alcohol, narcotics, stimulants, or any other chemical
12 agent or drug that results in the inability to practice
13 with reasonable skill, judgment, or safety.
14 (16) Directly or indirectly giving to or receiving
15 from any person, firm, corporation, partnership, or
16 association any fee, commission, rebate, or other form of
17 compensation for any professional service not actually
18 rendered.
19 (17) Physical or mental disability, including
20 deterioration through the aging process or loss of
21 abilities and skills that results in the inability to
22 practice the profession with reasonable judgment, skill
23 or safety.
24 (18) Solicitation of professional services by using
25 false or misleading advertising.
26 (19) Failure to file a return, or pay the tax,
27 penalty or interest shown in a filed return, or to pay
28 any final assessment of tax, penalty or interest, as
29 required by any tax Act administered by the Illinois
30 Department of Revenue or any successor agency or the
31 Internal Revenue Service or any successor agency.
32 (20) Practicing or attempting to practice under a
33 name other than the full name as shown on the license or
34 any other legally authorized name.
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1 (21) A finding by the Department that a licensee
2 has not complied with a provision of any lawful order
3 issued by the Department.
4 (22) Making a false statement to the Department
5 regarding compliance with continuing professional
6 education requirements.
7 (23) Failing to make a substantive response to a
8 request for information by the Department within 30 days
9 of the request.
10 (b) (Blank).
11 (c) In rendering an order, the Director shall take into
12 consideration the facts and circumstances involving the type
13 of acts or omissions in subsection (a) including, but not
14 limited to:
15 (1) the extent to which public confidence in the
16 public accounting profession was, might have been, or may
17 be injured;
18 (2) the degree of trust and dependence among the
19 involved parties;
20 (3) the character and degree of financial or
21 economic harm which did or might have resulted; and
22 (4) the intent or mental state of the person
23 charged at the time of the acts or omissions.
24 (d) The Department shall reissue the license upon
25 certification by the Committee that the disciplined licensee
26 has complied with all of the terms and conditions set forth
27 in the final order.
28 (e) The Department shall deny any application for a
29 license or renewal, without hearing, to any person who has
30 defaulted on an educational loan guaranteed by the Illinois
31 Student Assistance Commission; however, the Department may
32 issue a license or renewal if the person in default has
33 established a satisfactory repayment record as determined by
34 the Illinois Student Assistance Commission.
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1 (f) The determination by a court that a licensee is
2 subject to involuntary admission or judicial admission as
3 provided in the Mental Health and Developmental Disabilities
4 Code will result in the automatic suspension of his or her
5 license. The suspension will end upon a finding by a court
6 that the licensee is no longer subject to involuntary
7 admission or judicial admission, the issuance of an order so
8 finding and discharging the patient, and the recommendation
9 of the Committee to the Director that the licensee be allowed
10 to resume professional practice.
11 (Source: P.A. 88-36; revised 7-7-97.)
12 Section 122. The Private Employment Agency Act is
13 amended by changing Section 5 as follows:
14 (225 ILCS 515/5) (from Ch. 111, par. 905)
15 Sec. 5. No such licensee shall charge a registration fee
16 without having first obtained a permit to charge such
17 registration fee from the Department of Labor. Any such
18 licensee desiring to charge a registration fee shall make
19 application in writing to the Department of Labor, and shall
20 set out in the application the type of applicants from whom
21 they intend to accept a registration fee, the amount of the
22 fee to be charged, and shall furnish any other information on
23 the subject that the Department of Labor may deem necessary
24 to enable it to determine whether the agency's business
25 methods and past record entitle the agency to a permit.
26 It is the duty of the Department of Labor to make an
27 investigation, upon receipt of the application, as to the
28 truthfulness of the application and the necessity of the
29 charge of a registration fee; and if it is shown that the
30 agency's method of doing business is of such a nature that a
31 permit to charge a registration fee is necessary, and that
32 the agency's record has been reasonable and fair, then the
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1 Department of Labor shall grant a permit to such agency. Such
2 permit shall remain in force until revoked for cause. No
3 permit shall be granted until after 10 days from the date of
4 filing of the application.
5 When a permit is granted, such licensed person may charge
6 a registration fee not to exceed $4. In all such cases a
7 complete record of all such registration fees and references
8 of applicants shall be kept on file, which record shall,
9 during all business hours, be open for the inspection of the
10 Department of Labor. It is the duty of such licensee to
11 communicate in writing with at least 2 of the persons
12 mentioned as reference by every applicant from whom a
13 registration fee is accepted. Failure on the part of a
14 licensee to make such investigation shall be deemed cause to
15 revoke the permit to charge a registration fee. For such
16 registration fee a receipt shall be given to the applicant
17 for employees or employment, and shall state therein the name
18 of such applicant, date and amount of payment, the character
19 of position or employee applied for, and the name and address
20 of such agency. If no position has been furnished by the
21 licensed agency to the applicant, then the registration fee
22 shall be returned to the applicant on demand after 30 days
23 and within 6 months from the date of receipt thereof, less
24 the amount that has been actually expended by the licensee in
25 checking the references of the applicant, and an itemized
26 account of such expenditures shall be presented to the
27 applicant on request at the time of returning the unused
28 portion of such registration fee.
29 Any such permit granted by the Department of Labor may be
30 revoked by it upon due notice to the holder of said permit
31 and due cause shown and hearing thereon.
32 No such licensee shall, as a condition to registering or
33 obtaining employment for such applicant, require such
34 applicant to subscribe to any publication or to any postal
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1 card service, or advertisement, or exact any other fees,
2 compensation or reward, (except that in the case of
3 applicants for positions paying salaries of $5,000 or more
4 per annum, where the agency has secured from the Department
5 of Labor a permit to furnish a letter service in accordance
6 with regulations of the department governing the furnishing
7 of such service, a special fee not to exceed $250, to be
8 credited on the fee charged for any placement resulting from
9 such letter service, may be charged for furnishing such
10 letter service) other than the aforesaid registration fee and
11 a further fee, called a placement fee, the amount of which
12 shall be agreed upon between such applicant and such licensee
13 to be payable at such time as may be agreed upon in writing.
14 The employment agency shall furnish to each applicant a copy
15 of any contract or any form he signs with the agency
16 regarding the method of payment of the placement or
17 employment service fee. Such contract or form shall contain
18 the name and address of such agency, and such other
19 information as the Department of Labor may deem proper. The
20 contract or form or copy thereof furnished the applicant must
21 state immediately above, below or close to the place provided
22 for the signature of the applicant that he has received a
23 copy of the contract or form and his signature shall
24 acknowledge receipt thereof. The placement or employment
25 service fee shall not be received by such licensee before the
26 applicant has accepted a position tendered by the employer. A
27 copy of each contract or other form to which the applicant
28 becomes a party with the licensee shall be given to the
29 applicant by the licensee at the time of executing such
30 contract or document and on any such form on which the word
31 acceptance appears, and such contract or other form shall
32 have the definition of acceptance as defined by this Act
33 printed in not less than 10 point type immediately following
34 the word acceptance. In the event the position so tendered is
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1 not accepted by or given to such applicant, the licensee
2 shall refund all fees paid other than the registration fee
3 and special fee aforesaid, within 3 days of demand therefor.
4 The fee charged for placing an applicant in domestic service
5 shall be a single fee for each placement and shall be based
6 upon the applicant's compensation or salary for a period not
7 to exceed one year.
8 No such licensee shall send out any applicant for
9 employment unless the licensee has a bona fide job order for
10 such employment and the job order is valid in accordance with
11 the renewal requirements of Section 3 of this Act. If no
12 position of the kind applied for was open at the place where
13 the applicant was directed, then the licensee shall refund to
14 such applicant on demand any sum paid or expended by the
15 applicant for transportation in going to and returning from
16 the place, and all fees paid by the applicant. However, in
17 the event a substitute position is taken, the fee to be
18 charged shall be computed on the salary agreed upon for such
19 position.
20 In addition to the receipt herein provided to be given
21 for a registration fee, it shall be the duty of such licensee
22 to give to every applicant for employment or employees from
23 whom other fee, or fees shall be received, an additional
24 receipt in which shall be stated the name of the applicant,
25 the amount paid and the date of payment. All such receipts
26 shall be in duplicate, numbered consecutively, shall contain
27 the name and address of such agency, and such other
28 information as the Department of Labor may deem proper. The
29 duplicate receipt shall be kept on file in the agency for at
30 least one year.
31 Every such licensee shall give to every applicant, who is
32 sent out for a job or for an interview with a prospective
33 employer, a card or printed paper or letter of introduction
34 which shall be called a "referral slip" containing the name
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1 of the applicant, the name and address of the employer to
2 whom the applicant is sent for employment, the name and
3 address of the agency, the name of the person referring the
4 applicant, and the probable duration of the work, whether
5 temporary or permanent. The referral slip shall contain a
6 blank space in which the employment counselor shall insert
7 and specify in a prominent and legible manner whether the
8 employment service fee is to be paid by the applicant or by
9 the employer, or in the case of a split-fee, the percentage
10 of the fee to be paid by the applicant and the percentage of
11 the fee to be paid by the employer, or shall state whether
12 the fee is to be negotiable between the employer and the
13 employee. A duplicate of all such referral slips shall be
14 kept on file in the agency for a period of one year. In the
15 event that the applicant is referred to a job or to a
16 prospective employer by telephone or telegraph, the referral
17 slip shall be mailed to the applicant and to the prospective
18 employer before the close of the business day on which the
19 telephoned or telegraphed referral was given. No person shall
20 be sent out for a job or to interview a prospective employer
21 unless he has been personally interviewed by the agency or
22 has corresponded with the agency with the purpose of securing
23 employment.
24 If the employer pays the fee, and the employee fails to
25 remain in the position for a period of 30 days, such licensee
26 shall refund to the employer all fees, less an amount equal
27 to 25% of the total salary or wages paid such employee during
28 the period of such employee during the period of such
29 employment, within 3 days after the licensed person has been
30 notified of the employee's failure to remain in the
31 employment, provided such 25% does not exceed the amount
32 charged for a permanent position of like nature.
33 If the employee pays the fee and is discharged at any
34 time within 30 days for any reason other than intoxication,
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1 dishonesty, unexcused tardiness, unexcused absenteeism or
2 insubordination, or otherwise fails to remain in the position
3 for a period of 30 days, thru no fault of his own, such
4 licensee shall refund to the employee all fees less an amount
5 equal to 25% of the total salary or wages paid such employee
6 during the period of such employment within 3 days of the
7 time such licensee has been notified of the employee's
8 failure to remain in the employment, provided the 25% does
9 not exceed the charge for a permanent position of like
10 nature. All refunds shall be in cash or negotiable check.
11 If the employee has promised his prospective employer to
12 report to work at a definite time and place and then fails to
13 report to work, such circumstances shall be considered prima
14 facie evidence that the employee has accepted the employment
15 offered.
16 Where a dispute concerning a fee exists, the department
17 may conduct a hearing to determine all facts concerning the
18 dispute and shall after such hearing make such
19 recommendations concerning such dispute as shall be
20 reasonable.
21 Every such licensee shall post in a conspicuous place in
22 the main room of the agency sections of this Act as required
23 by the Department of Labor, to be supplied by the Department
24 of Labor, and shall also post his license in the main room of
25 the agency.
26 Every such licensee shall furnish the Department of
27 Labor, under rules to be prescribed by such Department,
28 annual statements showing the number and character of
29 placements made.
30 (Source: P.A. 81-1509; revised 12-18-97.)
31 Section 123. The Meat and Poultry Inspection Act is
32 amended by changing Section 3 as follows:
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1 (225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
2 Sec. 3. Licenses.
3 (a) No person shall operate an establishment as defined
4 in Section 2.5 or act as a broker as defined in Section 2.19
5 without first securing a license from the Department except
6 as otherwise exempted.
7 (b) The following annual fees shall accompany each
8 license application for the license year from July 1 to June
9 30 or any part thereof. These fees are not returnable.
10 Meatbroker, Poultry broker or Meat and
11 Poultry broker ......................................$50
12 Type I Establishment - Processor, Slaughterer, or
13 Processor and Slaughterer Slaughter of Meat, Poultry or
14 Meat and Poultry .....................................$50
15 Type II Establishment - Processor, Slaughterer, or
16 Processor and Slaughterer of Meat, Poultry or Meat and
17 Poultry ..............................................$50
18 Application for licenses shall be made to the Department in
19 writing on forms prescribed by the Department.
20 (c) The license issued shall be in such form as the
21 Department prescribes, shall be under the seal of the
22 Department and shall contain the name of the licensee, the
23 location for which the license is issued, the type of
24 operation, the period of the license, and such other
25 information as the Department requires. The original license
26 or a certified copy of it shall be conspicuously displayed by
27 the licensee in the establishment.
28 (d) A penalty of $25 shall be assessed if any such
29 license is not renewed by July 1 of each year.
30 (Source: P.A. 83-759; revised 12-18-97.)
31 Section 124. The Surface Coal Mining Land Conservation
32 and Reclamation Act is amended by changing Sections 3.11 and
33 8.10 as follows:
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1 (225 ILCS 720/3.11) (from Ch. 96 1/2, par. 7903.11)
2 Sec. 3.11. Wastes.
3 (a) With respect to surface disposal of mine wastes,
4 tailings, coal processing wastes, and other wastes in areas
5 other than the mine working or excavations, the operator
6 shall stabilize all waste piles in designated areas through
7 construction in compacted layers, including the use of
8 noncombustible noncumbustible and impervious materials if
9 necessary, and shall assure that the final contour of the
10 waste pile will be compatible with natural surroundings and
11 that the site can and will be stabilized and revegetated
12 according to the provisions of this Act.
13 (b) The operator shall design, locate, construct,
14 operate, maintain, enlarge, modify, and remove or abandon, in
15 accordance with the standards and criteria developed pursuant
16 to the Federal Act, all existing and new coal mine waste
17 piles consisting of mine wastes, tailings, coal processing
18 wastes, or other liquid and solid wastes, and used either
19 temporarily or permanently as dams or embankments.
20 (c) All debris, acid-forming materials, toxic materials,
21 or materials constituting a fire hazard shall be treated or
22 buried and compacted or otherwise disposed of in a manner
23 designed to prevent contamination of ground or surface
24 waters. At a minimum, such materials constituting a fire
25 hazard present in the exposed face of the mined mineral seam
26 or seams in the final cut shall, if approved by the
27 Department, be covered at all times with not less than 4 four
28 feet of water or other materials which shall be placed with
29 slopes having no more than 30% grade, capable of supporting
30 plant and animal life. Final cuts or other depressed
31 affected areas, no longer in use in mining operations, which
32 accumulate toxic waters will not meet reclamation
33 requirements. Contingency plans shall be developed to
34 prevent sustained combustion.
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1 (d) Slurry shall be confined in depressed or mined areas
2 bounded by levees or dams constructed from materials capable
3 of supporting acceptable vegetation and built in accordance
4 with sound engineering practices. Such areas shall be
5 screened with border plantings of tree species which by their
6 seeding habits will encourage propagation of vegetation on
7 these areas, and levees or dams built to confine slurry shall
8 be adapted to established species of grasses. Gob and slurry
9 not capable of supporting vegetation shall be covered to a
10 minimum depth of 4 four feet with soil or other material in
11 accordance with sound soil conservation practices as
12 prescribed by the Department. Such material shall be capable
13 of being vegetated and an acceptable cover shall be
14 established. The reclamation measures set forth in this
15 subsection are minimum performance standards and do not
16 supersede any other requirements of this Act.
17 (Source: P.A. 81-1015; revised 7-7-97.)
18 (225 ILCS 720/8.10) (from Ch. 96 1/2, par. 7908.10)
19 Sec. 8.10. Review under Administrative Administration
20 Review Law. All final administrative decisions of the
21 Department under this Act shall be subject to judicial review
22 pursuant to the Administrative Review Law, as amended, and
23 the rules adopted under it, except that the remedies created
24 by this Act are not excluded or impaired by any provision of
25 the Administrative Review Law.
26 (Source: P.A. 82-783; revised 12-18-97.)
27 Section 125. The Professional Geologist Licensing Act is
28 amended by changing Section 170 as follows:
29 (225 ILCS 745/170)
30 Sec. 170. Illinois Administrative Procedure Act;
31 application. The Illinois Administrative Procedure Act is
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1 expressly adopted and incorporated in this Act as if all of
2 the provisions of that Act were included in this Act, except
3 that the provision of paragraph (d) (c) of Section 10-65 16
4 of the Illinois Administrative Procedure Act, which provides
5 that at hearings the registrant or licensee has the right to
6 show compliance with all lawful requirements for retention or
7 continuation or renewal of the license, is specifically
8 excluded. For the purpose of this Act, the notice required
9 under Section 10-25 10 of the Illinois Administrative
10 Procedure Act is considered sufficient when mailed to the
11 last known address of a party.
12 (Source: P.A. 89-366, eff. 7-1-96; revised 12-18-97.)
13 Section 126. The Liquor Control Act of 1934 is amended
14 by changing Sections 3-12, 5-1, 6-6, 6-11, and 6-16 as
15 follows:
16 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
17 Sec. 3-12. The State commission shall have the following
18 powers, functions and duties:
19 (1) To receive applications and to issue licenses to
20 manufacturers, foreign importers, importing distributors,
21 distributors, non-resident dealers, on premise consumption
22 retailers, off premise sale retailers, special event retailer
23 licensees, special use permit licenses, auction liquor
24 licenses, brew pubs, caterer retailers, non-beverage users,
25 railroads, including owners and lessees of sleeping, dining
26 and cafe cars, airplanes and boats, in accordance with the
27 provisions of this Act, and to suspend or revoke such
28 licenses upon the State commission's determination, upon
29 notice after hearing, that a licensee has violated any
30 provision of this Act or any rule or regulation issued
31 pursuant thereto and in effect for 30 days prior to such
32 violation.
-799- LRB9000999EGfgam01
1 In lieu of suspending or revoking a license, the
2 commission may impose a fine, upon the State commission's
3 determination and notice after hearing, that a licensee has
4 violated any provision of this Act or any rule or regulation
5 issued pursuant thereto and in effect for 30 days prior to
6 such violation. The fine imposed under this paragraph may
7 not exceed $500 for each violation. Each day that the
8 activity, which gave rise to the original fine, continues is
9 a separate violation. The maximum fine that may be levied
10 against any licensee, for the period of the license, shall
11 not exceed $20,000. The maximum penalty that may be imposed
12 on a licensee for selling a bottle of alcoholic liquor with a
13 foreign object in it or serving from a bottle of alcoholic
14 liquor with a foreign object in it shall be the destruction
15 of that bottle of alcoholic liquor for the first 10 bottles
16 so sold or served from by the licensee. For the eleventh
17 bottle of alcoholic liquor and for each third bottle
18 thereafter sold or served from by the licensee with a foreign
19 object in it, the maximum penalty that may be imposed on the
20 licensee is the destruction of the bottle of alcoholic liquor
21 and a fine of up to $50.
22 (2) To adopt such rules and regulations consistent with
23 the provisions of this Act which shall be necessary to carry
24 on its functions and duties to the end that the health,
25 safety and welfare of the People of the State of Illinois
26 shall be protected and temperance in the consumption of
27 alcoholic liquors shall be fostered and promoted and to
28 distribute copies of such rules and regulations to all
29 licensees affected thereby.
30 (3) To call upon other administrative departments of the
31 State, county and municipal governments, county and city
32 police departments and upon prosecuting officers for such
33 information and assistance as it deems necessary in the
34 performance of its duties.
-800- LRB9000999EGfgam01
1 (4) To recommend to local commissioners rules and
2 regulations, not inconsistent with the law, for the
3 distribution and sale of alcoholic liquors throughout the
4 State.
5 (5) To inspect, or cause to be inspected, any premises
6 where alcoholic liquors are manufactured, distributed or
7 sold.
8 (6) To hear and determine appeals from orders of a local
9 commission in accordance with the provisions of this Act, as
10 hereinafter set forth. Hearings under this subsection shall
11 be held in Springfield or Chicago, at whichever location is
12 the more convenient for the majority of persons who are
13 parties to the hearing.
14 (7) The commission shall establish uniform systems of
15 accounts to be kept by all retail licensees having more than
16 4 employees, and for this purpose the commission may classify
17 all retail licensees having more than 4 employees and
18 establish a uniform system of accounts for each class and
19 prescribe the manner in which such accounts shall be kept.
20 The commission may also prescribe the forms of accounts to be
21 kept by all retail licensees having more than 4 employees,
22 including but not limited to accounts of earnings and
23 expenses and any distribution, payment, or other distribution
24 of earnings or assets, and any other forms, records and
25 memoranda which in the judgment of the commission may be
26 necessary or appropriate to carry out any of the provisions
27 of this Act, including but not limited to such forms, records
28 and memoranda as will readily and accurately disclose at all
29 times the beneficial ownership of such retail licensed
30 business. The accounts, forms, records and memoranda shall
31 be available at all reasonable times for inspection by
32 authorized representatives of the State commission or by any
33 local liquor control commissioner or his or her authorized
34 representative. The commission, may, from time to time,
-801- LRB9000999EGfgam01
1 alter, amend or repeal, in whole or in part, any uniform
2 system of accounts, or the form and manner of keeping
3 accounts.
4 (8) In the conduct of any hearing authorized to be held
5 by the commission, to examine, or cause to be examined, under
6 oath, any licensee, and to examine or cause to be examined
7 the books and records of such licensee; to hear testimony and
8 take proof material for its information in the discharge of
9 its duties hereunder; to administer or cause to be
10 administered oaths; and for any such purpose to issue
11 subpoena or subpoenas to require the attendance of witnesses
12 and the production of books, which shall be effective in any
13 part of this State.
14 Any Circuit Court may by order duly entered, require the
15 attendance of witnesses and the production of relevant books
16 subpoenaed by the State commission and the court may compel
17 obedience to its order by proceedings for contempt.
18 (9) To investigate the administration of laws in
19 relation to alcoholic liquors in this and other states and
20 any foreign countries, and to recommend from time to time to
21 the Governor and through him or her to the legislature of
22 this State, such amendments to this Act, if any, as it may
23 think desirable and as will serve to further the general
24 broad purposes contained in Section 1-2 hereof.
25 (10) To adopt such rules and regulations consistent with
26 the provisions of this Act which shall be necessary for the
27 control, sale or disposition of alcoholic liquor damaged as a
28 result of an accident, wreck, flood, fire or other similar
29 occurrence.
30 (11) To develop industry educational programs related to
31 responsible serving and selling, particularly in the areas of
32 overserving consumers and illegal underage purchasing and
33 consumption of alcoholic beverages.
34 (12) To develop and maintain a repository of license and
-802- LRB9000999EGfgam01
1 regulatory information.
2 (13) On or before January 15, 1994, the Commission shall
3 issue a written report to the Governor and General Assembly
4 that is to be based on a comprehensive study of the impact on
5 and implications for the State of Illinois of Section 1926 of
6 the Federal ADAMHA Reorganization Act of 1992 (Public Law
7 102-321). This study shall address the extent to which
8 Illinois currently complies with the provisions of P.L.
9 102-321 and the rules promulgated pursuant thereto.
10 As part of its report, the Commission shall provide the
11 following essential information:
12 (i) the number of retail distributors of tobacco
13 products, by type and geographic area, in the State;
14 (ii) the number of reported citations and
15 successful convictions, categorized by type and location
16 of retail distributor, for violation of the Sale of
17 Tobacco to Minors Act and the Smokeless Tobacco
18 Limitation Act;
19 (iii) the extent and nature of organized
20 educational and governmental activities that are intended
21 to promote, encourage or otherwise secure compliance with
22 any Illinois laws that prohibit the sale or distribution
23 of tobacco products to minors; and
24 (iv) the level of access and availability of
25 tobacco products to individuals under the age of 18.
26 To obtain the data necessary to comply with the
27 provisions of P.L. 102-321 and the requirements of this
28 report, the Commission shall conduct random, unannounced
29 inspections of a geographically and scientifically
30 representative sample of the State's retail tobacco
31 distributors.
32 The Commission shall consult with the Department of
33 Public Health, the Department of Human Services, the Illinois
34 State Police and any other executive branch agency, and
-803- LRB9000999EGfgam01
1 private organizations that may have information relevant to
2 this report.
3 The Commission may contract with the Food and Drug
4 Administration of the U.S. Department of Health and Human
5 Services to conduct unannounced investigations of Illinois
6 tobacco vendors to determine compliance with federal laws
7 relating to the illegal sale of cigarettes and smokeless
8 tobacco products to persons under the age of 18.
9 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
10 eff. 1-1-98; revised 11-5-97.)
11 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
12 Sec. 5-1. Licenses issued by the Illinois Liquor Control
13 Commission shall be of the following classes:
14 (a) Manufacturer's license - Class 1. Distiller, Class
15 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
16 Manufacturer, Class 5. Second Class Wine Manufacturer,
17 Class 6. First Class Winemaker, Class 7. Second Class
18 Winemaker, Class 8. Limited Wine Manufacturer,
19 (b) Distributor's license,
20 (c) Importing Distributor's license,
21 (d) Retailer's license,
22 (e) Special Event Retailer's license (not-for-profit),
23 (f) Railroad license,
24 (g) Boat license,
25 (h) Non-Beverage User's license,
26 (i) Wine-maker's retail license,
27 (j) Airplane license,
28 (k) Foreign importer's license,
29 (l) Broker's license,
30 (m) Non-resident dealer's license,
31 (n) Brew Pub license,
32 (o) Auction liquor license,
33 (p) Caterer retailer license,
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1 (q) Special use permit license.
2 Nothing in this provision, nor in any subsequent
3 provision of this Act shall be interpreted as forbidding an
4 individual or firm from concurrently obtaining and holding a
5 Winemaker's and a Wine manufacturer's license.
6 (a) A manufacturer's license shall allow the
7 manufacture, importation in bulk, storage, distribution and
8 sale of alcoholic liquor to persons without the State, as may
9 be permitted by law and to licensees in this State as
10 follows:
11 Class 1. A Distiller may make sales and deliveries of
12 alcoholic liquor to distillers, rectifiers, importing
13 distributors, distributors and non-beverage users and to no
14 other licensees.
15 Class 2. A Rectifier, who is not a distiller, as defined
16 herein, may make sales and deliveries of alcoholic liquor to
17 rectifiers, importing distributors, distributors, retailers
18 and non-beverage users and to no other licensees.
19 Class 3. A Brewer may make sales and deliveries of beer
20 to importing distributors, distributors, and to
21 non-licensees, and to retailers provided the brewer obtains
22 an importing distributor's license or distributor's license
23 in accordance with the provisions of this Act.
24 Class 4. A first class wine-manufacturer may make sales
25 and deliveries of between 40,000 and 50,000 gallons of wine
26 to manufacturers, importing distributors and distributors,
27 and to no other licensees.
28 Class 5. A second class Wine manufacturer may make sales
29 and deliveries of more than 50,000 gallons of wine to
30 manufacturers, importing distributors and distributors and to
31 no other licensees.
32 Class 6. A first-class wine-maker's license shall allow
33 the manufacture of less than 20,000 gallons of wine per year,
34 and the storage and sale of such wine to distributors and
-805- LRB9000999EGfgam01
1 retailers in the State and to persons without the State, as
2 may be permitted by law.
3 Class 7. A second-class wine-maker's license shall allow
4 the manufacture of up to 50,000 gallons of wine per year, and
5 the storage and sale of such wine to distributors in this
6 State and to persons without the State, as may be permitted
7 by law. A second-class wine-maker's license shall allow the
8 sale of no more than 10,000 gallons of the licensee's wine
9 directly to retailers.
10 Class 8. A limited wine-manufacturer may make sales and
11 deliveries not to exceed 40,000 gallons of wine per year to
12 distributors, and to non-licensees in accordance with the
13 provisions of this Act.
14 (a-1) A manufacturer which is licensed in this State to
15 make sales or deliveries of alcoholic liquor and which
16 enlists agents, representatives, or individuals acting on its
17 behalf who contact licensed retailers on a regular and
18 continual basis in this State must register those agents,
19 representatives, or persons acting on its behalf with the
20 State Commission.
21 Registration of agents, representatives, or persons
22 acting on behalf of a manufacturer is fulfilled by submitting
23 a form to the Commission. The form shall be developed by the
24 Commission and shall include the name and address of the
25 applicant, the name and address of the manufacturer he or she
26 represents, the territory or areas assigned to sell to or
27 discuss pricing terms of alcoholic liquor, and any other
28 questions deemed appropriate and necessary. All statements
29 in the forms required to be made by law or by rule shall be
30 deemed material, and any person who knowingly misstates any
31 material fact under oath in an application is guilty of a
32 Class B misdemeanor. Fraud, misrepresentation, false
33 statements, misleading statements, evasions, or suppression
34 of material facts in the securing of a registration are
-806- LRB9000999EGfgam01
1 grounds for suspension or revocation of the registration.
2 (b) A distributor's license shall allow the wholesale
3 purchase and storage of alcoholic liquors and sale of
4 alcoholic liquors to licensees in this State and to persons
5 without the State, as may be permitted by law.
6 (c) An importing distributor's license may be issued to
7 and held by those only who are duly licensed distributors,
8 upon the filing of an application by a duly licensed
9 distributor, with the Commission and the Commission shall,
10 without the payment of any fee, immediately issue such
11 importing distributor's license to the applicant, which shall
12 allow the importation of alcoholic liquor by the licensee
13 into this State from any point in the United States outside
14 this State, and the purchase of alcoholic liquor in barrels,
15 casks or other bulk containers and the bottling of such
16 alcoholic liquors before resale thereof, but all bottles or
17 containers so filled shall be sealed, labeled, stamped and
18 otherwise made to comply with all provisions, rules and
19 regulations governing manufacturers in the preparation and
20 bottling of alcoholic liquors. The importing distributor's
21 license shall permit such licensee to purchase alcoholic
22 liquor from Illinois licensed non-resident dealers and
23 foreign importers only.
24 (d) A retailer's license shall allow the licensee to
25 sell and offer for sale at retail, only in the premises
26 specified in such license, alcoholic liquor for use or
27 consumption, but not for resale in any form: Provided that
28 any retail license issued to a manufacturer shall only permit
29 such manufacturer to sell beer at retail on the premises
30 actually occupied by such manufacturer.
31 After January 1, 1995 there shall be 2 classes of
32 licenses issued under a retailers license.
33 (1) A "retailers on premise consumption license"
34 shall allow the licensee to sell and offer for sale at
-807- LRB9000999EGfgam01
1 retail, only on the premises specified in the license,
2 alcoholic liquor for use or consumption on the premises
3 or on and off the premises, but not for resale in any
4 form.
5 (2) An "off premise sale license" shall allow the
6 licensee to sell, or offer for sale at retail, alcoholic
7 liquor intended only for off premise consumption and not
8 for resale in any form.
9 Notwithstanding any other provision of this subsection
10 (d), a retail licensee may sell alcoholic liquors to a
11 special event retailer licensee for resale to the extent
12 permitted under subsection (e).
13 (e) A special event retailer's license (not-for-profit)
14 shall permit the licensee to purchase alcoholic liquors from
15 an Illinois licensed distributor (unless the licensee
16 purchases less than $500 of alcoholic liquors for the special
17 event, in which case the licensee may purchase the alcoholic
18 liquors from a licensed retailer) and shall allow the
19 licensee to sell and offer for sale, at retail, alcoholic
20 liquors for use or consumption, but not for resale in any
21 form and only at the location and on the specific dates
22 designated for the special event in the license. An
23 applicant for a special event retailer license must also
24 submit with the application proof satisfactory to the State
25 Commission that the applicant will provide dram shop
26 liability insurance in the maximum limits and have local
27 authority approval.
28 (f) A railroad license shall permit the licensee to
29 import alcoholic liquors into this State from any point in
30 the United States outside this State and to store such
31 alcoholic liquors in this State; to make wholesale purchases
32 of alcoholic liquors directly from manufacturers, foreign
33 importers, distributors and importing distributors from
34 within or outside this State; and to store such alcoholic
-808- LRB9000999EGfgam01
1 liquors in this State; provided that the above powers may be
2 exercised only in connection with the importation, purchase
3 or storage of alcoholic liquors to be sold or dispensed on a
4 club, buffet, lounge or dining car operated on an electric,
5 gas or steam railway in this State; and provided further,
6 that railroad licensees exercising the above powers shall be
7 subject to all provisions of Article VIII of this Act as
8 applied to importing distributors. A railroad license shall
9 also permit the licensee to sell or dispense alcoholic
10 liquors on any club, buffet, lounge or dining car operated on
11 an electric, gas or steam railway regularly operated by a
12 common carrier in this State, but shall not permit the sale
13 for resale of any alcoholic liquors to any licensee within
14 this State. A license shall be obtained for each car in
15 which such sales are made.
16 (g) A boat license shall allow the sale of alcoholic
17 liquor in individual drinks, on any passenger boat regularly
18 operated as a common carrier on navigable waters in this
19 State, which boat maintains a public dining room or
20 restaurant thereon.
21 (h) A non-beverage user's license shall allow the
22 licensee to purchase alcoholic liquor from a licensed
23 manufacturer or importing distributor, without the imposition
24 of any tax upon the business of such licensed manufacturer or
25 importing distributor as to such alcoholic liquor to be used
26 by such licensee solely for the non-beverage purposes set
27 forth in subsection (a) of Section 8-1 of this Act, and such
28 licenses shall be divided and classified and shall permit the
29 purchase, possession and use of limited and stated quantities
30 of alcoholic liquor as follows:
31 Class 1, not to exceed ....................... 500 gallons
32 Class 2, not to exceed ....................... 1,000 gallons
33 Class 3, not to exceed ....................... 5,000 gallons
34 Class 4, not to exceed ....................... 10,000 gallons
-809- LRB9000999EGfgam01
1 Class 5, not to exceed ....................... 50,000 gallons
2 (i) A wine-maker's retail license shall allow the
3 licensee to sell and offer for sale at retail in the premises
4 specified in such license not more than 50,000 gallons of
5 wine per year for use or consumption, but not for resale in
6 any form; this license shall be issued only to a person
7 licensed as a first-class or second-class wine-maker. A
8 wine-maker's retail licensee, upon receiving permission from
9 the Commission, may conduct business at a second location
10 that is separate from the location specified in its
11 wine-maker's retail license. One wine-maker's retail
12 license-second location may be issued to a wine-maker's
13 retail licensee allowing the licensee to sell and offer for
14 sale at retail in the premises specified in the wine-maker's
15 retail license-second location up to 50,000 gallons of wine
16 that was produced at the licensee's first location per year
17 for use and consumption and not for resale.
18 (j) An airplane license shall permit the licensee to
19 import alcoholic liquors into this State from any point in
20 the United States outside this State and to store such
21 alcoholic liquors in this State; to make wholesale purchases
22 of alcoholic liquors directly from manufacturers, foreign
23 importers, distributors and importing distributors from
24 within or outside this State; and to store such alcoholic
25 liquors in this State; provided that the above powers may be
26 exercised only in connection with the importation, purchase
27 or storage of alcoholic liquors to be sold or dispensed on an
28 airplane; and provided further, that airplane licensees
29 exercising the above powers shall be subject to all
30 provisions of Article VIII of this Act as applied to
31 importing distributors. An airplane licensee shall also
32 permit the sale or dispensing of alcoholic liquors on any
33 passenger airplane regularly operated by a common carrier in
34 this State, but shall not permit the sale for resale of any
-810- LRB9000999EGfgam01
1 alcoholic liquors to any licensee within this State. A
2 single airplane license shall be required of an airline
3 company if liquor service is provided on board aircraft in
4 this State. The annual fee for such license shall be as
5 determined in Section 5-3.
6 (k) A foreign importer's license shall permit such
7 licensee to purchase alcoholic liquor from Illinois licensed
8 non-resident dealers only, and to import alcoholic liquor
9 other than in bulk from any point outside the United States
10 and to sell such alcoholic liquor to Illinois licensed
11 importing distributors and to no one else in Illinois.
12 (l) A broker's license shall be required of all brokers
13 who solicit orders for, offer to sell or offer to supply
14 alcoholic liquor to retailers in the State of Illinois, or
15 who offer to retailers to ship or cause to be shipped or to
16 make contact with distillers, rectifiers, brewers or
17 manufacturers or any other party within or without the State
18 of Illinois in order that alcoholic liquors be shipped to a
19 distributor, importing distributor or foreign importer,
20 whether such solicitation or offer is consummated within or
21 without the State of Illinois.
22 No holder of a retailer's license issued by the Illinois
23 Liquor Control Commission shall purchase or receive any
24 alcoholic liquor, the order for which was solicited or
25 offered for sale to such retailer by a broker unless the
26 broker is the holder of a valid broker's license.
27 The broker shall, upon the acceptance by a retailer of
28 the broker's solicitation of an order or offer to sell or
29 supply or deliver or have delivered alcoholic liquors,
30 promptly forward to the Illinois Liquor Control Commission a
31 notification of said transaction in such form as the
32 Commission may by regulations prescribe.
33 Such license shall not entitle the holder to buy or sell
34 any alcoholic liquors for his own account or to take or
-811- LRB9000999EGfgam01
1 deliver title to such alcoholic liquors.
2 This subsection shall not apply to distributors,
3 employees of distributors, or employees of a manufacturer who
4 has registered the trademark, brand or name of the alcoholic
5 liquor pursuant to Section 6-9 of this Act, and who regularly
6 sells such alcoholic liquor in the State of Illinois only to
7 its registrants thereunder.
8 Any agent, representative, or person subject to
9 registration pursuant to subsection (a-1) of this Section
10 shall not be eligible to receive a broker's license.
11 (m) A non-resident dealer's license shall permit such
12 licensee to ship into and warehouse alcoholic liquor into
13 this State from any point outside of this State, and to sell
14 such alcoholic liquor to Illinois licensed foreign importers
15 and importing distributors and to no one else in this State;
16 provided that said non-resident dealer shall register with
17 the Illinois Liquor Control Commission each and every brand
18 of alcoholic liquor which it proposes to sell to Illinois
19 licensees during the license period; and further provided
20 that it shall comply with all of the provisions of Section
21 6-9 hereof with respect to registration of such Illinois
22 licensees as may be granted the right to sell such brands at
23 wholesale.
24 (n) A brew pub license shall allow the licensee to
25 manufacture beer only on the premises specified in the
26 license, to make sales of the beer manufactured on the
27 premises to importing distributors, distributors, and to
28 non-licensees for use and consumption, to store the beer upon
29 the premises, and to sell and offer for sale at retail from
30 the licensed premises, provided that a brew pub licensee
31 shall not sell for off-premises consumption more than 50,000
32 gallons per year.
33 (o) A caterer retailer license shall allow the holder to
34 serve alcoholic liquors as an incidental part of a food
-812- LRB9000999EGfgam01
1 service that serves prepared meals which excludes the serving
2 of snacks as the primary meal, either on or off-site whether
3 licensed or unlicensed.
4 (p) An auction liquor license shall allow the licensee
5 to sell and offer for sale at auction wine and spirits for
6 use or consumption, or for resale by an Illinois liquor
7 licensee in accordance with provisions of this Act. An
8 auction liquor license will be issued to a person and it will
9 permit the auction liquor licensee to hold the auction
10 anywhere in the State. An auction liquor license must be
11 obtained for each auction at least 14 days in advance of the
12 auction date.
13 (q) A special use permit license shall allow an Illinois
14 licensed retailer to transfer a portion of its alcoholic
15 liquor inventory from its retail licensed premises to the
16 premises specified in the license hereby created, and to sell
17 or offer for sale at retail, only in the premises specified
18 in the license hereby created, the transferred alcoholic
19 liquor for use or consumption, but not for resale in any
20 form. A special use permit license may be granted for the
21 following time periods: one day or less; 2 or more days to a
22 maximum of 15 days per location in any 12 month period. An
23 applicant for the special use permit license must also submit
24 with the application proof satisfactory to the State
25 Commission that the applicant will provide dram shop
26 liability insurance to the maximum limits and have local
27 authority approval.
28 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
29 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
30 revised 11-5-97.)
31 (235 ILCS 5/6-6) (from Ch. 43, par. 123)
32 Sec. 6-6. Except as otherwise provided in this Act no
33 manufacturer or distributor or importing distributor shall,
-813- LRB9000999EGfgam01
1 directly, or indirectly, sell, supply, furnish, give or pay
2 for, or loan or lease, any furnishing, fixture or equipment
3 on the premises of a place of business of another licensee
4 authorized under this Act to sell alcoholic liquor at retail,
5 either for consumption on or off the premises, nor shall he
6 or she directly or indirectly, pay for any such license, or
7 advance, furnish, lend or give money for payment of such
8 license, or purchase or become the owner of any note,
9 mortgage, or other evidence of indebtedness of such licensee
10 or any form of security therefor, nor shall such
11 manufacturer, or distributor, or importing distributor,
12 directly or indirectly, be interested in the ownership,
13 conduct or operation of the business of any licensee
14 authorized to sell alcoholic liquor at retail, nor shall any
15 manufacturer, or distributor, or importing distributor be
16 interested directly or indirectly or as owner or part owner
17 of said premises or as lessee or lessor thereof, in any
18 premises upon which alcoholic liquor is sold at retail.
19 No manufacturer or distributor or importing distributor
20 shall, directly or indirectly or through a subsidiary or
21 affiliate, or by any officer, director or firm of such
22 manufacturer, distributor or importing distributor, furnish,
23 give, lend or rent, install, repair or maintain, to or for
24 any retail licensee in this State, any signs or inside
25 advertising materials except as provided in this Section and
26 Section 6-5. With respect to retail licensees, other than any
27 government owned or operated auditorium, exhibition hall,
28 recreation facility or other similar facility holding a
29 retailer's license as described in Section 6-5, a
30 manufacturer, distributor, or importing distributor may
31 furnish, give, lend or rent and erect, install, repair and
32 maintain to or for any retail licensee, for use at any one
33 time in or about or in connection with a retail establishment
34 on which the products of the manufacturer, distributor or
-814- LRB9000999EGfgam01
1 importing distributor are sold, the following signs and
2 inside advertising materials as authorized in subparts (i),
3 (ii), (iii), and (iv):
4 (i) Permanent outside signs shall be limited to one
5 outside sign, per brand, in place and in use at any one
6 time, costing not more than $893, exclusive of erection,
7 installation, repair and maintenance costs, and permit
8 fees and shall bear only the manufacturer's name, brand
9 name, trade name, slogans, markings, trademark, or other
10 symbols commonly associated with and generally used in
11 identifying the product including, but not limited to,
12 "cold beer", "on tap", "carry out", and "packaged
13 liquor".
14 (ii) Temporary outside signs shall be limited to
15 one temporary outside sign per brand. Examples of
16 temporary outside signs are banners, flags, pennants,
17 streamers, and other items of a temporary and
18 non-permanent nature. Each temporary outside sign must
19 include the manufacturer's name, brand name, trade name,
20 slogans, markings, trademark, or other symbol commonly
21 associated with and generally used in identifying the
22 product. Temporary outside signs may also include, for
23 example, the product, price, packaging, date or dates of
24 a promotion and an announcement of a retail licensee's
25 specific sponsored event, if the temporary outside sign
26 is intended to promote a product, and provided that the
27 announcement of the retail licensee's event and the
28 product promotion are held simultaneously. However,
29 temporary outside signs may not include names, slogans,
30 markings, or logos that relate to the retailer. Nothing
31 in this subpart (ii) shall prohibit a distributor or
32 importing distributor from bearing the cost of creating
33 or printing a temporary outside sign for the retail
34 licensee's specific sponsored event or from bearing the
-815- LRB9000999EGfgam01
1 cost of creating or printing a temporary sign for a
2 retail licensee containing, for example, community
3 goodwill expressions, regional sporting event
4 announcements, or seasonal messages, provided that the
5 primary purpose of the temporary outside sign is to
6 highlight, promote, or advertise the product. In
7 addition, temporary outside signs provided by the
8 manufacturer to the distributor or importing distributor
9 may also include, for example, subject to the limitations
10 of this Section, preprinted community goodwill
11 expressions, sporting event announcements, seasonal
12 messages, and manufacturer promotional announcements.
13 However, a distributor or importing distributor shall not
14 bear the cost of such manufacturer preprinted signs.
15 (iii) Permanent inside signs, whether visible from
16 the outside or the inside of the premises, include, but
17 are not limited to: alcohol lists and menus that may
18 include names, slogans, markings, or logos that relate to
19 the retailer; neons; illuminated signs; clocks; table
20 lamps; mirrors; tap handles; decalcomanias; window
21 painting; and window trim. All permanent inside signs in
22 place and in use at any one time shall cost in the
23 aggregate not more than $2000 per manufacturer. A
24 permanent inside sign must include the manufacturer's
25 name, brand name, trade name, slogans, markings,
26 trademark, or other symbol commonly associated with and
27 generally used in identifying the product. However,
28 permanent inside signs may not include names, slogans,
29 markings, or logos that relate to the retailer. For the
30 purpose of this subpart (iii), all permanent inside signs
31 may be displayed in an adjacent courtyard or patio
32 commonly referred to as a "beer garden" that is a part of
33 the retailer's licensed premises.
34 (iv) Temporary inside signs shall include, but are
-816- LRB9000999EGfgam01
1 not limited to, lighted chalk boards, acrylic table tent
2 beverage or hors d'oeuvre list holders, banners, flags,
3 pennants, streamers, and inside advertising materials
4 such as posters, placards, bowling sheets, table tents,
5 inserts for acrylic table tent beverage or hors d'oeuvre
6 list holders, sports schedules, or similar printed or
7 illustrated materials; however, such items, for example,
8 as coasters, trays, napkins, glassware and cups shall not
9 be deemed to be inside signs or advertising materials and
10 may only be sold to retailers. All temporary inside
11 signs and inside advertising materials in place and in
12 use at any one time shall cost in the aggregate not more
13 than $325 per manufacturer. Nothing in this subpart (iv)
14 prohibits a distributor or importing distributor from
15 paying the cost of printing or creating any temporary
16 inside banner or inserts for acrylic table tent beverage
17 or hors d'oeuvre list holders for a retail licensee,
18 provided that the primary purpose for the banner or
19 insert is to highlight, promote, or advertise the
20 product. For the purpose of this subpart (iv), all
21 temporary inside signs and inside advertising materials
22 may be displayed in an adjacent courtyard or patio
23 commonly referred to as a "beer garden" that is a part of
24 the retailer's licensed premises.
25 A "cost adjustment factor" shall be used to periodically
26 update the dollar limitations prescribed in subparts (i),
27 (iii), and (iv). The Commission shall establish the adjusted
28 dollar limitation on an annual basis beginning in January,
29 1997. The term "cost adjustment factor" means a percentage
30 equal to the change in the Bureau of Labor Statistics
31 Consumer Price Index or 5%, whichever is greater. The
32 restrictions contained in this Section 6-6 do not apply to
33 signs, or promotional or advertising materials furnished by
34 manufacturers, distributors or importing distributors to a
-817- LRB9000999EGfgam01
1 government owned or operated facility holding a retailer's
2 license as described in Section 6-5.
3 No distributor or importing distributor shall directly or
4 indirectly or through a subsidiary or affiliate, or by any
5 officer, director or firm of such manufacturer, distributor
6 or importing distributor, furnish, give, lend or rent,
7 install, repair or maintain, to or for any retail licensee in
8 this State, any signs or inside advertising materials
9 described in subparts (i), (ii), (iii), or (iv) of this
10 Section except as the agent for or on behalf of a
11 manufacturer, provided that the total cost of any signs and
12 inside advertising materials including but not limited to
13 labor, erection, installation and permit fees shall be paid
14 by the manufacturer whose product or products said signs, and
15 inside advertising materials advertise and except as follows:
16 A distributor or importing distributor may purchase from
17 or enter into a written agreement with a manufacturer or a
18 manufacturer's designated supplier and such manufacturer or
19 the manufacturer's designated supplier may sell or enter into
20 an agreement to sell to a distributor or importing
21 distributor permitted signs and advertising materials
22 described in subparts (ii), (iii), or (iv) of this Section
23 for the purpose of furnishing, giving, lending, renting,
24 installing, repairing, or maintaining such signs or
25 advertising materials to or for any retail licensee in this
26 State. Any purchase by a distributor or importing
27 distributor from a manufacturer or a manufacturer's
28 designated supplier shall be voluntary and the manufacturer
29 may not require the distributor or the importing distributor
30 to purchase signs or advertising materials from the
31 manufacturer or the manufacturer's designated supplier.
32 A distributor or importing distributor shall be deemed
33 the owner of such signs or advertising materials purchased
34 from a manufacturer or a manufacturer's designated supplier.
-818- LRB9000999EGfgam01
1 The provisions of Public Act 90-373 this amendatory Act
2 of 1997 concerning signs or advertising materials delivered
3 by a manufacturer to a distributor or importing distributor
4 shall apply only to signs or advertising materials delivered
5 on or after August 14, the effective date of this amendatory
6 Act of 1997.
7 No person engaged in the business of manufacturing,
8 importing or distributing alcoholic liquors shall, directly
9 or indirectly, pay for, or advance, furnish, or lend money
10 for the payment of any license for another. Any licensee who
11 shall permit or assent, or be a party in any way to any
12 violation or infringement of the provisions of this Section
13 shall be deemed guilty of a violation of this Act, and any
14 money loaned contrary to a provision of this Act shall not be
15 recovered back, or any note, mortgage or other evidence of
16 indebtedness, or security, or any lease or contract obtained
17 or made contrary to this Act shall be unenforceable and void.
18 This Section shall not apply to airplane licensees
19 exercising powers provided in paragraph (i) of Section 5-1 of
20 this Act.
21 (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96;
22 90-373, eff. 8-14-97; 90-432, eff. 1-1-98; revised 11-5-97.)
23 (235 ILCS 5/6-11) (from Ch. 43, par. 127)
24 Sec. 6-11. No license shall be issued for the sale at
25 retail of any alcoholic liquor within 100 feet of any church,
26 school other than an institution of higher learning,
27 hospital, home for aged or indigent persons or for veterans,
28 their spouses or children or any military or naval station,
29 provided, that this prohibition shall not apply to hotels
30 offering restaurant service, regularly organized clubs, or to
31 restaurants, food shops or other places where sale of
32 alcoholic liquors is not the principal business carried on if
33 the place of business so exempted is not located in a
-819- LRB9000999EGfgam01
1 municipality of more than 500,000 persons, unless required by
2 local ordinance; nor to the renewal of a license for the sale
3 at retail of alcoholic liquor on premises within 100 feet of
4 any church or school where the church or school has been
5 established within such 100 feet since the issuance of the
6 original license. In the case of a church, the distance of
7 100 feet shall be measured to the nearest part of any
8 building used for worship services or educational programs
9 and not to property boundaries.
10 In the interest of further developing Illinois' economy
11 in the area of tourism, convention, and banquet business,
12 nothing in this Section shall prohibit issuance of a retail
13 license authorizing the sale of alcoholic beverages to a
14 restaurant, banquet facility, or hotel having not fewer than
15 150 guest room accommodations located in a municipality of
16 more than 500,000 persons, notwithstanding the proximity of
17 such hotel, restaurant, or banquet facility to any church or
18 school, if the licensed premises described on the license are
19 located within an enclosed mall or building of a height of at
20 least 6 stories, or 60 feet in the case of a building that
21 has been registered as a national landmark, and in either
22 case if the sale of alcoholic liquors is not the principal
23 business carried on by the license.
24 For purposes of this Section, a "banquet facility" is any
25 part of a building that caters to private parties and where
26 the sale of alcoholic liquors is not the principal business.
27 Nothing in this Section shall prohibit the issuance of a
28 license to a church or private school to sell at retail
29 alcoholic liquor if any such sales are limited to periods
30 when groups are assembled on the premises solely for the
31 promotion of some common object other than the sale or
32 consumption of alcoholic liquors.
33 Nothing in this Section shall prohibit a church or church
34 affiliated school located in a municipality with 75,000 or
-820- LRB9000999EGfgam01
1 more inhabitants from locating within 100 feet of a property
2 for which there is a preexisting license to sell alcoholic
3 liquor at retail. In these instances, the local zoning
4 authority may, by ordinance adopted simultaneously with the
5 granting of an initial special use zoning permit for the
6 church or church affiliated school, provide that the 100-foot
7 restriction in this Section shall not apply to that church or
8 church affiliated school and future retail liquor licenses.
9 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
10 revised 2-20-97.)
11 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
12 Sec. 6-16. Prohibited sales and possession.
13 (a) No licensee nor any officer, associate, member,
14 representative, agent, or employee of such licensee shall
15 sell, give, or deliver alcoholic liquor to any person under
16 the age of 21 years or to any intoxicated person, except as
17 provided in Section 6-16.1 16.1. No person, after purchasing
18 or otherwise obtaining alcoholic liquor, shall sell, give, or
19 deliver such alcoholic liquor to another person under the age
20 of 21 years, except in the performance of a religious
21 ceremony or service. Any person who violates the provisions
22 of this paragraph of this subsection (a) is guilty of a Class
23 A misdemeanor and the person's sentence shall include, but
24 shall not be limited to, a fine of not less than $500. If a
25 licensee or officer, associate, member, representative,
26 agent, or employee of the licensee is prosecuted under this
27 paragraph of this subsection (a) for selling, giving, or
28 delivering alcoholic liquor to a person under the age of 21
29 years, the person under 21 years of age who attempted to buy
30 or receive the alcoholic liquor may be prosecuted pursuant to
31 Section 6-20 of this Act, unless the person under 21 years of
32 age was acting under the authority of a law enforcement
33 agency, the Illinois Liquor Control Commission, or a local
-821- LRB9000999EGfgam01
1 liquor control commissioner pursuant to a plan or action to
2 investigate, patrol, or conduct any similar enforcement
3 action.
4 For the purpose of preventing the violation of this
5 section, any licensee, or his agent or employee, may refuse
6 to sell or serve alcoholic beverages to any person who is
7 unable to produce adequate written evidence of identity and
8 of the fact that he or she is over the age of 21 years.
9 Adequate written evidence of age and identity of the
10 person is a document issued by a federal, state, county, or
11 municipal government, or subdivision or agency thereof,
12 including, but not limited to, a motor vehicle operator's
13 license, a registration certificate issued under the Federal
14 Selective Service Act, or an identification card issued to a
15 member of the Armed Forces. Proof that the
16 defendant-licensee, or his employee or agent, demanded, was
17 shown and reasonably relied upon such written evidence in any
18 transaction forbidden by this Section is an affirmative
19 defense in any criminal prosecution therefor or to any
20 proceedings for the suspension or revocation of any license
21 based thereon. It shall not, however, be an affirmative
22 defense if the agent or employee accepted the written
23 evidence knowing it to be false or fraudulent. If a false or
24 fraudulent Illinois driver's license or Illinois
25 identification card is presented by a person less than 21
26 years of age to a licensee or the licensee's agent or
27 employee for the purpose of ordering, purchasing, attempting
28 to purchase, or otherwise obtaining or attempting to obtain
29 the serving of any alcoholic beverage, the law enforcement
30 officer or agency investigating the incident shall, upon the
31 conviction of the person who presented the fraudulent license
32 or identification, make a report of the matter to the
33 Secretary of State on a form provided by the Secretary of
34 State.
-822- LRB9000999EGfgam01
1 However, no agent or employee of the licensee shall be
2 disciplined or discharged for selling or furnishing liquor to
3 a person under 21 years of age if the agent or employee
4 demanded and was shown, before furnishing liquor to a person
5 under 21 years of age, adequate written evidence of age and
6 identity of the person 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. This paragraph, however, shall
12 not apply if the agent or employee accepted the written
13 evidence knowing it to be false or fraudulent.
14 Any person who sells, gives, or furnishes to any person
15 under the age of 21 years any false or fraudulent written,
16 printed, or photostatic evidence of the age and identity of
17 such person or who sells, gives or furnishes to any person
18 under the age of 21 years evidence of age and identification
19 of any other person is guilty of a Class A misdemeanor and
20 the person's sentence shall include, but shall not be limited
21 to, a fine of not less than $500.
22 Any person under the age of 21 years who presents or
23 offers to any licensee, his agent or employee, any written,
24 printed or photostatic evidence of age and identity that is
25 false, fraudulent, or not actually his or her own for the
26 purpose of ordering, purchasing, attempting to purchase or
27 otherwise procuring or attempting to procure, the serving of
28 any alcoholic beverage, or who has in his or her possession
29 any false or fraudulent written, printed, or photostatic
30 evidence of age and identity, is guilty of a Class A
31 misdemeanor and the person's sentence shall include, but
32 shall not be limited to, the following: a fine of not less
33 than $500 and at least 25 hours of community service. If
34 possible, any community service shall be performed for an
-823- LRB9000999EGfgam01
1 alcohol abuse prevention program.
2 Any person under the age of 21 years who has any
3 alcoholic beverage in his or her possession on any street or
4 highway or in any public place or in any place open to the
5 public is guilty of a Class A misdemeanor. This Section does
6 not apply to possession by a person under the age of 21 years
7 making a delivery of an alcoholic beverage in pursuance of
8 the order of his or her parent or in pursuance of his or her
9 employment.
10 (a-1) It is unlawful for any parent or guardian to
11 permit his or her residence to be used by an invitee of the
12 parent's child or the guardian's ward, if the invitee is
13 under the age of 21, in a manner that constitutes a violation
14 of this Section. A parent or guardian is deemed to have
15 permitted his or her residence to be used in violation of
16 this Section if he or she knowingly authorizes, enables, or
17 permits such use to occur by failing to control access to
18 either the residence or the alcoholic liquor maintained in
19 the residence. Any person who violates this subsection (a-1)
20 is guilty of a Class A misdemeanor and the person's sentence
21 shall include, but shall not be limited to, a fine of not
22 less than $500. Nothing in this subsection (a-1) shall be
23 construed to prohibit the giving of alcoholic liquor to a
24 person under the age of 21 years in the performance of a
25 religious ceremony or service.
26 (b) Except as otherwise provided in this Section whoever
27 violates this Section shall, in addition to other penalties
28 provided for in this Act, be guilty of a Class A misdemeanor.
29 (c) Any person shall be guilty of a Class A misdemeanor
30 where he or she knowingly permits a gathering at a residence
31 which he or she occupies of two or more persons where any one
32 or more of the persons is under 21 years of age and the
33 following factors also apply:
34 (1) the person occupying the residence knows that
-824- LRB9000999EGfgam01
1 any such person under the age of 21 is in possession of
2 or is consuming any alcoholic beverage; and
3 (2) the possession or consumption of the alcohol by
4 the person under 21 is not otherwise permitted by this
5 Act; and
6 (3) the person occupying the residence knows that
7 the person under the age of 21 leaves the residence in an
8 intoxicated condition.
9 For the purposes of this subsection (c) where the
10 residence has an owner and a tenant or lessee, there is a
11 rebuttable presumption that the residence is occupied only by
12 the tenant or lessee.
13 (d) Any person who rents a hotel or motel room from the
14 proprietor or agent thereof for the purpose of or with the
15 knowledge that such room shall be used for the consumption of
16 alcoholic liquor by persons under the age of 21 years shall
17 be guilty of a Class A misdemeanor.
18 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
19 90-432, eff. 1-1-98; revised 11-5-97.)
20 Section 127. The Illinois Public Aid Code is amended by
21 changing Sections 4-2, 4-8, 5-4, 5-16.3, 5-16.6, 5-22, 9A-9,
22 10-10, 10-11, 10-16.2, 11-8, 12-4.11, 12-4.31, 12-4.101, and
23 12-17.4 as follows:
24 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
25 Sec. 4-2. Amount of aid.
26 (a) The amount and nature of financial aid shall be
27 determined in accordance with the grant amounts, rules and
28 regulations of the Illinois Department. Due regard shall be
29 given to the self-sufficiency requirements of the family and
30 to the income, money contributions and other support and
31 resources available, from whatever source. Beginning July 1,
32 1992, the supplementary grants previously paid under this
-825- LRB9000999EGfgam01
1 Section shall no longer be paid. However, the amount and
2 nature of any financial aid is not affected by the payment of
3 any grant under the "Senior Citizens and Disabled Persons
4 Property Tax Relief and Pharmaceutical Assistance Act". The
5 aid shall be sufficient, when added to all other income,
6 money contributions and support to provide the family with a
7 grant in the amount established by Department regulation.
8 (b) The Illinois Department may conduct special
9 projects, which may be known as Grant Diversion Projects,
10 under which recipients of financial aid under this Article
11 are placed in jobs and their grants are diverted to the
12 employer who in turn makes payments to the recipients in the
13 form of salary or other employment benefits. The Illinois
14 Department shall by rule specify the terms and conditions of
15 such Grant Diversion Projects. Such projects shall take into
16 consideration and be coordinated with the programs
17 administered under the Illinois Emergency Employment
18 Development Act.
19 (c) The amount and nature of the financial aid for a
20 child requiring care outside his own home shall be determined
21 in accordance with the rules and regulations of the Illinois
22 Department, with due regard to the needs and requirements of
23 the child in the foster home or institution in which he has
24 been placed.
25 (d) If the Department establishes grants for family
26 units consisting exclusively of a pregnant woman with no
27 dependent child or including her husband if living with her,
28 the grant amount for such a unit shall be equal to the grant
29 amount for an assistance unit consisting of one adult, or 2
30 persons if the husband is included. Other than as herein
31 described, an unborn child shall not be counted in
32 determining the size of an assistance unit or for calculating
33 grants.
34 Payments for basic maintenance requirements of a child or
-826- LRB9000999EGfgam01
1 children and the relative with whom the child or children are
2 living shall be prescribed, by rule, by the Illinois
3 Department.
4 These grants may be increased in the following circumstances:
5 1. If the child is living with both parents or with
6 persons standing in the relationship of parents, and if
7 the grant is necessitated because of the unemployment or
8 insufficient earnings of the parent or parents and
9 neither parent is receiving benefits under "The
10 Unemployment Compensation Act", approved June 30, 1937,
11 as amended, the maximum may be increased by not more than
12 $25.
13 2. If a child is age 13 or over, the maximum may be
14 increased by not more than $15.
15 The allowances provided under Article IX for recipients
16 participating in the training and rehabilitation programs
17 shall be in addition to the maximum payments established in
18 this Section.
19 Grants under this Article shall not be supplemented by
20 General Assistance provided under Article VI.
21 (e) Grants shall be paid to the parent or other person
22 with whom the child or children are living, except for such
23 amount as is paid in behalf of the child or his parent or
24 other relative to other persons or agencies pursuant to this
25 Code or the rules and regulations of the Illinois Department.
26 (f) An assistance unit, receiving financial aid under
27 this Article or temporarily ineligible to receive aid under
28 this Article under a penalty imposed by the Illinois
29 Department for failure to comply with the eligibility
30 requirements or that voluntarily requests termination of
31 financial assistance under this Article and becomes
32 subsequently eligible for assistance within 9 months, shall
33 not receive any increase in the amount of aid solely on
34 account of the birth of a child; except that an increase is
-827- LRB9000999EGfgam01
1 not prohibited when the birth is (i) of a child of a pregnant
2 woman who became eligible for aid under this Article during
3 the pregnancy, or (ii) of a child born within 10 months after
4 the date of implementation of this subsection, or (iii) of a
5 child conceived after a family became ineligible for
6 assistance due to income or marriage and at least 3 months of
7 ineligibility expired before any reapplication for
8 assistance. This subsection does not, however, prevent a
9 unit from receiving a general increase in the amount of aid
10 that is provided to all recipients of aid under this Article.
11 The Illinois Department is authorized to transfer funds,
12 and shall use any budgetary savings attributable to not
13 increasing the grants due to the births of additional
14 children, to supplement existing funding for employment and
15 training services for recipients of aid under this Article
16 IV. The Illinois Department shall target, to the extent the
17 supplemental funding allows, employment and training services
18 to the families who do not receive a grant increase after the
19 birth of a child. In addition, the Illinois Department shall
20 provide, to the extent the supplemental funding allows, such
21 families with up to 24 months of transitional child care
22 pursuant to Illinois Department rules. All remaining
23 supplemental funds shall be used for employment and training
24 services or transitional child care support.
25 In making the transfers authorized by this subsection,
26 the Illinois Department shall first determine, pursuant to
27 regulations adopted by the Illinois Department for this
28 purpose, the amount of savings attributable to not increasing
29 the grants due to the births of additional children.
30 Transfers may be made from General Revenue Fund
31 appropriations for distributive purposes authorized by
32 Article IV of this Code only to General Revenue Fund
33 appropriations for employability development services
34 including operating and administrative costs and related
-828- LRB9000999EGfgam01
1 distributive purposes under Article IXA of this Code. The
2 Director, with the approval of the Governor, shall certify
3 the amount and affected line item appropriations to the State
4 Comptroller.
5 The Illinois Department shall apply for all waivers of
6 federal law and regulations necessary to implement this
7 subsection; implementation of this subsection is contingent
8 on the Illinois Department receiving all necessary federal
9 waivers. The Illinois Department may implement this
10 subsection through the use of emergency rules in accordance
11 with Section 5-45 of the Illinois Administrative Procedure
12 Act. For purposes of the Illinois Administrative Procedure
13 Act, the adoption of rules to implement this subsection shall
14 be considered an emergency and necessary for the public
15 interest, safety, and welfare.
16 Nothing in this subsection shall be construed to prohibit
17 the Illinois Department from using funds under this Article
18 IV to provide assistance in the form of vouchers that may be
19 used to pay for goods and services deemed by the Illinois
20 Department, by rule, as suitable for the care of the child
21 such as diapers, clothing, school supplies, and cribs.
22 (g) (Blank).
23 (h) Notwithstanding any other provision of this Code,
24 the Illinois Department is authorized to reduce payment
25 levels used to determine cash grants under this Article after
26 December 31 of any fiscal year if the Illinois Department
27 determines that the caseload upon which the appropriations
28 for the current fiscal year are based have increased by more
29 than 5% and the appropriation is not sufficient to ensure
30 that cash benefits under this Article do not exceed the
31 amounts appropriated for those cash benefits. Reductions in
32 payment levels may be accomplished by emergency rule under
33 Section 5-45 of the Illinois Administrative Procedure Act,
34 except that the limitation on the number of emergency rules
-829- LRB9000999EGfgam01
1 that may be adopted in a 24-month period shall not apply and
2 the provisions of Sections 5-115 and 5-125 of the Illinois
3 Administrative Procedure Act shall not apply. Increases in
4 payment levels shall be accomplished only in accordance with
5 Section 5-40 of the Illinois Administrative Procedure Act.
6 Before any rule to increase payment levels promulgated under
7 this Section shall become effective, a joint resolution
8 approving the rule must be adopted by a roll call vote by a
9 majority of the members elected to each chamber of the
10 General Assembly.
11 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
12 89-641, eff. 8-9-96; 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
13 revised 11-18-97.)
14 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
15 Sec. 4-8. Mismanagement of assistance grant.
16 (a) If the County Department has reason to believe that
17 the money payment for basic maintenance is not being used, or
18 may not be used, in the best interests of the child and the
19 family and that there is present or potential damage to the
20 standards of health and well-being that the grant is intended
21 to assure, the County Department shall provide the parent or
22 other relative with the counseling and guidance services with
23 respect to the use of the grant and the management of other
24 funds available to the family as may be required to assure
25 use of the grant in the best interests of the child and
26 family. The Illinois Department shall by rule prescribe
27 criteria which shall constitute evidence of grant
28 mismanagement. The criteria shall include but not be limited
29 to the following:
30 (1) A determination that a child in the assistance
31 unit is not receiving proper and necessary support or
32 other care for which assistance is being provided under
33 this Code.
-830- LRB9000999EGfgam01
1 (2) A record establishing that the parent or
2 relative has been found guilty of public assistance fraud
3 under Article VIIIA.
4 (3) A determination by an appropriate person,
5 entity, or agency that the parent or other relative
6 requires treatment for alcohol or substance abuse, mental
7 health services, or other special care or treatment.
8 The Department shall at least consider non-payment of
9 rent for two consecutive months as evidence of grant
10 mismanagement by a parent or relative of a recipient who is
11 responsible for making rental payments for the housing or
12 shelter of the child or family, unless the Department
13 determines that the non-payment is necessary for the
14 protection of the health and well-being of the recipient. The
15 County Department shall advise the parent or other relative
16 grantee that continued mismanagement will result in the
17 application of one of the sanctions specified in this
18 Section.
19 The Illinois Department shall consider irregular school
20 attendance by children of school age grades 1 through 8, as
21 evidence of lack of proper and necessary support or care.
22 The Department may extend this consideration to children in
23 grades higher than 8.
24 The Illinois Department shall develop preventive programs
25 in collaboration with school and social service networks to
26 encourage school attendance of children receiving assistance
27 under Article IV. To the extent that Illinois Department and
28 community resources are available, the programs shall serve
29 families whose children in grades 1 through 8 are not
30 attending school regularly, as defined by the school. The
31 Department may extend these programs to families whose
32 children are in grades higher than 8. The programs shall
33 include referrals from the school to a social service
34 network, assessment and development of a service plan by one
-831- LRB9000999EGfgam01
1 or more network representatives, and the Illinois
2 Department's encouragement of the family to follow through
3 with the service plan. Families that fail to follow the
4 service plan as determined by the service provider, shall be
5 subject to the protective payment provisions of this Section
6 and Section 4-9 of this Code.
7 Families for whom a protective payment plan has been in
8 effect for at least 3 months and whose school children
9 continue to regularly miss school shall be subject to
10 sanction under Section 4-21. The sanction shall continue
11 until the children demonstrate satisfactory attendance, as
12 defined by the school. To the extent necessary to implement
13 this Section, the Illinois Department shall seek appropriate
14 waivers of federal requirements from the U.S. Department of
15 Health and Human Services.
16 The Illinois Department may implement the amendatory
17 changes to this Section made by this amendatory Act of 1995
18 through the use of emergency rules in accordance with the
19 provisions of Section 5-45 of the Illinois Administrative
20 Procedure Act. For purposes of the Illinois Administrative
21 Procedure Act, the adoption of rules to implement the
22 amendatory changes to this Section made by this amendatory
23 Act of 1995 shall be deemed an emergency and necessary for
24 the public interest, safety, and welfare.
25 (b) In areas of the State where clinically appropriate
26 substance abuse treatment capacity is available, if the local
27 office has reason to believe that a caretaker relative is
28 experiencing substance abuse, the local office shall refer
29 the caretaker relative to a licensed treatment provider for
30 assessment. If the assessment indicates that the caretaker
31 relative is experiencing substance abuse, the local office
32 shall require the caretaker relative to comply with all
33 treatment recommended by the assessment. If the caretaker
34 relative refuses without good cause, as determined by rules
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1 of the Illinois Department, to submit to the assessment or
2 treatment, the caretaker relative shall be ineligible for
3 assistance, and the local office shall take one or more of
4 the following actions:
5 (i) If there is another family member or friend who
6 is ensuring that the family's needs are being met, that
7 person, if willing, shall be assigned as protective
8 payee.
9 (ii) If there is no family member or close friend
10 to serve as protective payee, the local office shall
11 provide for a protective payment to a substitute payee as
12 provided in Section 4-9. The Department also shall
13 determine whether if a referral to the Department of
14 Children and Family Services is warranted and, if
15 appropriate, shall make the referral.
16 (iii) The Department shall contact the individual
17 who is thought to be experiencing substance abuse and
18 explain why the protective payee has been assigned and
19 refer the individual to treatment.
20 (c) This subsection (c) applies to cases other than
21 those described in subsection (b). If the efforts to correct
22 the mismanagement of the grant have failed, the County
23 Department, in accordance with the rules and regulations of
24 the Illinois Department, shall initiate one or more of the
25 following actions:
26 1. Provide for a protective payment to a substitute
27 payee, as provided in Section 4-9. This action may be
28 initiated for any assistance unit containing a child
29 determined to be neglected by the Department of Children
30 and Family Services under the Abused and Neglected Child
31 Reporting Act, and in any case involving a record of
32 public assistance fraud.
33 2. Provide for issuance of all or part of the grant
34 in the form of disbursing orders. This action may be
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1 initiated in any case involving a record of public
2 assistance fraud, or upon the request of a substitute
3 payee designated under Section 4-9.
4 3. File a petition under the Juvenile Court Act of
5 1987 for an Order of Protection under Sections 2-25,
6 2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that
7 Act.
8 4. Institute a proceeding under the Juvenile Court
9 Act of 1987 for the appointment of a guardian or legal
10 representative for the purpose of receiving and managing
11 the public aid grant.
12 5. If the mismanagement of the grant, together with
13 other factors, have rendered the home unsuitable for the
14 best welfare of the child, file a neglect petition under
15 the Juvenile Court Act of 1987, requesting the removal of
16 the child or children.
17 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
18 eff. 1-1-98; revised 8-4-97.)
19 (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
20 Sec. 5-4. Amount and nature of medical assistance. The
21 amount and nature of medical assistance shall be determined
22 by the County Departments in accordance with the standards,
23 rules, and regulations of the Illinois Department of Public
24 Aid, with due regard to the requirements and conditions in
25 each case, including contributions available from legally
26 responsible relatives. However, the amount and nature of
27 such medical assistance shall not be affected by the payment
28 of any grant under the "Senior Citizens and Disabled Persons
29 Property Tax Relief and Pharmaceutical Assistance Act." The
30 amount and nature of medical assistance shall not be affected
31 by the receipt of donations or benefits from fundraisers in
32 cases of serious illness, as long as neither the person nor
33 members of the person's family have actual control over the
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1 donations or benefits or the disbursement of the donations or
2 benefits.
3 In determining the income and assets available to the
4 institutionalized spouse and to the community spouse, the
5 Illinois Department of Public Aid shall follow the procedures
6 established by federal law. The community spouse resource
7 allowance shall be established and maintained at the maximum
8 level permitted pursuant to Section 1924(f)(2) of the Social
9 Security Act, as now or hereafter amended, or an amount set
10 after a fair hearing, whichever is greater. The monthly
11 maintenance allowance for the community spouse shall be
12 established and maintained at the maximum level permitted
13 pursuant to Section 1924(d)(3)(C) of the Social Security Act,
14 as now or hereafter amended. Subject to the approval of the
15 Secretary of the United States Department of Health and Human
16 Services, the provisions of this Section shall be extended to
17 persons who but for the the provision of home or
18 community-based services under Section 4.02 of the Illinois
19 Act on the Aging, would require the level of care provided in
20 an institution, as is provided for in federal law.
21 The Department of Human Services shall notify in writing
22 each institutionalized spouse who is a recipient of medical
23 assistance under this Article, and each such person's
24 community spouse, of the changes in treatment of income and
25 resources, including provisions for protecting income for a
26 community spouse and permitting the transfer of resources to
27 a community spouse, required by enactment of the federal
28 Medicare Catastrophic Coverage Act of 1988 (Public Law
29 100-360). The notification shall be in language likely to be
30 easily understood by those persons. The Department of Human
31 Services also shall reassess the amount of medical assistance
32 for which each such recipient is eligible as a result of the
33 enactment of that federal Act, whether or not a recipient
34 requests such a reassessment.
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1 (Source: P.A. 89-507, eff. 7-1-97; revised 7-7-97.)
2 (305 ILCS 5/5-16.3)
3 Sec. 5-16.3. System for integrated health care services.
4 (a) It shall be the public policy of the State to adopt,
5 to the extent practicable, a health care program that
6 encourages the integration of health care services and
7 manages the health care of program enrollees while preserving
8 reasonable choice within a competitive and cost-efficient
9 environment. In furtherance of this public policy, the
10 Illinois Department shall develop and implement an integrated
11 health care program consistent with the provisions of this
12 Section. The provisions of this Section apply only to the
13 integrated health care program created under this Section.
14 Persons enrolled in the integrated health care program, as
15 determined by the Illinois Department by rule, shall be
16 afforded a choice among health care delivery systems, which
17 shall include, but are not limited to, (i) fee for service
18 care managed by a primary care physician licensed to practice
19 medicine in all its branches, (ii) managed health care
20 entities, and (iii) federally qualified health centers
21 (reimbursed according to a prospective cost-reimbursement
22 methodology) and rural health clinics (reimbursed according
23 to the Medicare methodology), where available. Persons
24 enrolled in the integrated health care program also may be
25 offered indemnity insurance plans, subject to availability.
26 For purposes of this Section, a "managed health care
27 entity" means a health maintenance organization or a managed
28 care community network as defined in this Section. A "health
29 maintenance organization" means a health maintenance
30 organization as defined in the Health Maintenance
31 Organization Act. A "managed care community network" means
32 an entity, other than a health maintenance organization, that
33 is owned, operated, or governed by providers of health care
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1 services within this State and that provides or arranges
2 primary, secondary, and tertiary managed health care services
3 under contract with the Illinois Department exclusively to
4 enrollees of the integrated health care program. A managed
5 care community network may contract with the Illinois
6 Department to provide only pediatric health care services. A
7 county provider as defined in Section 15-1 of this Code may
8 contract with the Illinois Department to provide services to
9 enrollees of the integrated health care program as a managed
10 care community network without the need to establish a
11 separate entity that provides services exclusively to
12 enrollees of the integrated health care program and shall be
13 deemed a managed care community network for purposes of this
14 Code only to the extent of the provision of services to those
15 enrollees in conjunction with the integrated health care
16 program. A county provider shall be entitled to contract
17 with the Illinois Department with respect to any contracting
18 region located in whole or in part within the county. A
19 county provider shall not be required to accept enrollees who
20 do not reside within the county.
21 Each managed care community network must demonstrate its
22 ability to bear the financial risk of serving enrollees under
23 this program. The Illinois Department shall by rule adopt
24 criteria for assessing the financial soundness of each
25 managed care community network. These rules shall consider
26 the extent to which a managed care community network is
27 comprised of providers who directly render health care and
28 are located within the community in which they seek to
29 contract rather than solely arrange or finance the delivery
30 of health care. These rules shall further consider a variety
31 of risk-bearing and management techniques, including the
32 sufficiency of quality assurance and utilization management
33 programs and whether a managed care community network has
34 sufficiently demonstrated its financial solvency and net
-837- LRB9000999EGfgam01
1 worth. The Illinois Department's criteria must be based on
2 sound actuarial, financial, and accounting principles. In
3 adopting these rules, the Illinois Department shall consult
4 with the Illinois Department of Insurance. The Illinois
5 Department is responsible for monitoring compliance with
6 these rules.
7 This Section may not be implemented before the effective
8 date of these rules, the approval of any necessary federal
9 waivers, and the completion of the review of an application
10 submitted, at least 60 days before the effective date of
11 rules adopted under this Section, to the Illinois Department
12 by a managed care community network.
13 All health care delivery systems that contract with the
14 Illinois Department under the integrated health care program
15 shall clearly recognize a health care provider's right of
16 conscience under the Health Care Right of Conscience Act. In
17 addition to the provisions of that Act, no health care
18 delivery system that contracts with the Illinois Department
19 under the integrated health care program shall be required to
20 provide, arrange for, or pay for any health care or medical
21 service, procedure, or product if that health care delivery
22 system is owned, controlled, or sponsored by or affiliated
23 with a religious institution or religious organization that
24 finds that health care or medical service, procedure, or
25 product to violate its religious and moral teachings and
26 beliefs.
27 (b) The Illinois Department may, by rule, provide for
28 different benefit packages for different categories of
29 persons enrolled in the program. Mental health services,
30 alcohol and substance abuse services, services related to
31 children with chronic or acute conditions requiring
32 longer-term treatment and follow-up, and rehabilitation care
33 provided by a free-standing rehabilitation hospital or a
34 hospital rehabilitation unit may be excluded from a benefit
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1 package if the State ensures that those services are made
2 available through a separate delivery system. An exclusion
3 does not prohibit the Illinois Department from developing and
4 implementing demonstration projects for categories of persons
5 or services. Benefit packages for persons eligible for
6 medical assistance under Articles V, VI, and XII shall be
7 based on the requirements of those Articles and shall be
8 consistent with the Title XIX of the Social Security Act.
9 Nothing in this Act shall be construed to apply to services
10 purchased by the Department of Children and Family Services
11 and the Department of Human Services (as successor to the
12 Department of Mental Health and Developmental Disabilities)
13 under the provisions of Title 59 of the Illinois
14 Administrative Code, Part 132 ("Medicaid Community Mental
15 Health Services Program").
16 (c) The program established by this Section may be
17 implemented by the Illinois Department in various contracting
18 areas at various times. The health care delivery systems and
19 providers available under the program may vary throughout the
20 State. For purposes of contracting with managed health care
21 entities and providers, the Illinois Department shall
22 establish contracting areas similar to the geographic areas
23 designated by the Illinois Department for contracting
24 purposes under the Illinois Competitive Access and
25 Reimbursement Equity Program (ICARE) under the authority of
26 Section 3-4 of the Illinois Health Finance Reform Act or
27 similarly-sized or smaller geographic areas established by
28 the Illinois Department by rule. A managed health care entity
29 shall be permitted to contract in any geographic areas for
30 which it has a sufficient provider network and otherwise
31 meets the contracting terms of the State. The Illinois
32 Department is not prohibited from entering into a contract
33 with a managed health care entity at any time.
34 (c-5) A managed health care entity may not engage in
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1 door-to-door marketing activities or marketing activities at
2 an office of the Illinois Department or a county department
3 in order to enroll in the entity's health care delivery
4 system persons who are enrolled in the integrated health care
5 program established under this Section. The Illinois
6 Department shall adopt rules defining "marketing activities"
7 prohibited by this subsection (c-5).
8 Before a managed health care entity may market its health
9 care delivery system to persons enrolled in the integrated
10 health care program established under this Section, the
11 Illinois Department must approve a marketing plan submitted
12 by the entity to the Illinois Department. The Illinois
13 Department shall adopt guidelines for approving marketing
14 plans submitted by managed health care entities under this
15 subsection. Besides prohibiting door-to-door marketing
16 activities and marketing activities at public aid offices,
17 the guidelines shall include at least the following:
18 (1) A managed health care entity may not offer or
19 provide any gift, favor, or other inducement in marketing
20 its health care delivery system to integrated health care
21 program enrollees. A managed health care entity may
22 provide health care related items that are of nominal
23 value and pre-approved by the Illinois Department to
24 prospective enrollees. A managed health care entity may
25 also provide to enrollees health care related items that
26 have been pre-approved by the Illinois Department as an
27 incentive to manage their health care appropriately.
28 (2) All persons employed or otherwise engaged by a
29 managed health care entity to market the entity's health
30 care delivery system to integrated health care program
31 enrollees or to supervise that marketing shall register
32 with the Illinois Department.
33 The Inspector General appointed under Section 12-13.1 may
34 conduct investigations to determine whether the marketing
-840- LRB9000999EGfgam01
1 practices of managed health care entities participating in
2 the integrated health care program comply with the
3 guidelines.
4 (d) A managed health care entity that contracts with the
5 Illinois Department for the provision of services under the
6 program shall do all of the following, solely for purposes of
7 the integrated health care program:
8 (1) Provide that any individual physician licensed
9 under the Medical Practice Act of 1987, any pharmacy, any
10 federally qualified health center, any therapeutically
11 certified optometrist, and any podiatrist, that
12 consistently meets the reasonable terms and conditions
13 established by the managed health care entity, including
14 but not limited to credentialing standards, quality
15 assurance program requirements, utilization management
16 requirements, financial responsibility standards,
17 contracting process requirements, and provider network
18 size and accessibility requirements, must be accepted by
19 the managed health care entity for purposes of the
20 Illinois integrated health care program. Notwithstanding
21 the preceding sentence, only a physician licensed to
22 practice medicine in all its branches shall act as a
23 primary care physician within a managed health care
24 entity for purposes of the Illinois integrated health
25 care program. Any individual who is either terminated
26 from or denied inclusion in the panel of physicians of
27 the managed health care entity shall be given, within 10
28 business days after that determination, a written
29 explanation of the reasons for his or her exclusion or
30 termination from the panel. This paragraph (1) does not
31 apply to the following:
32 (A) A managed health care entity that
33 certifies to the Illinois Department that:
34 (i) it employs on a full-time basis 125
-841- LRB9000999EGfgam01
1 or more Illinois physicians licensed to
2 practice medicine in all of its branches; and
3 (ii) it will provide medical services
4 through its employees to more than 80% of the
5 recipients enrolled with the entity in the
6 integrated health care program; or
7 (B) A domestic stock insurance company
8 licensed under clause (b) of class 1 of Section 4 of
9 the Illinois Insurance Code if (i) at least 66% of
10 the stock of the insurance company is owned by a
11 professional corporation organized under the
12 Professional Service Corporation Act that has 125 or
13 more shareholders who are Illinois physicians
14 licensed to practice medicine in all of its branches
15 and (ii) the insurance company certifies to the
16 Illinois Department that at least 80% of those
17 physician shareholders will provide services to
18 recipients enrolled with the company in the
19 integrated health care program.
20 (2) Provide for reimbursement for providers for
21 emergency care, as defined by the Illinois Department by
22 rule, that must be provided to its enrollees, including
23 an emergency room screening fee, and urgent care that it
24 authorizes for its enrollees, regardless of the
25 provider's affiliation with the managed health care
26 entity. Providers shall be reimbursed for emergency care
27 at an amount equal to the Illinois Department's
28 fee-for-service rates for those medical services rendered
29 by providers not under contract with the managed health
30 care entity to enrollees of the entity.
31 (3) Provide that any provider affiliated with a
32 managed health care entity may also provide services on a
33 fee-for-service basis to Illinois Department clients not
34 enrolled in a managed health care entity.
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1 (4) Provide client education services as determined
2 and approved by the Illinois Department, including but
3 not limited to (i) education regarding appropriate
4 utilization of health care services in a managed care
5 system, (ii) written disclosure of treatment policies and
6 any restrictions or limitations on health services,
7 including, but not limited to, physical services,
8 clinical laboratory tests, hospital and surgical
9 procedures, prescription drugs and biologics, and
10 radiological examinations, and (iii) written notice that
11 the enrollee may receive from another provider those
12 services covered under this program that are not provided
13 by the managed health care entity.
14 (5) Provide that enrollees within its system may
15 choose the site for provision of services and the panel
16 of health care providers.
17 (6) Not discriminate in its enrollment or
18 disenrollment practices among recipients of medical
19 services or program enrollees based on health status.
20 (7) Provide a quality assurance and utilization
21 review program that (i) for health maintenance
22 organizations meets the requirements of the Health
23 Maintenance Organization Act and (ii) for managed care
24 community networks meets the requirements established by
25 the Illinois Department in rules that incorporate those
26 standards set forth in the Health Maintenance
27 Organization Act.
28 (8) Issue a managed health care entity
29 identification card to each enrollee upon enrollment.
30 The card must contain all of the following:
31 (A) The enrollee's signature.
32 (B) The enrollee's health plan.
33 (C) The name and telephone number of the
34 enrollee's primary care physician.
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1 (D) A telephone number to be used for
2 emergency service 24 hours per day, 7 days per week.
3 The telephone number required to be maintained
4 pursuant to this subparagraph by each managed health
5 care entity shall, at minimum, be staffed by
6 medically trained personnel and be provided
7 directly, or under arrangement, at an office or
8 offices in locations maintained solely within the
9 State of Illinois. For purposes of this
10 subparagraph, "medically trained personnel" means
11 licensed practical nurses or registered nurses
12 located in the State of Illinois who are licensed
13 pursuant to the Illinois Nursing Act of 1987.
14 (9) Ensure that every primary care physician and
15 pharmacy in the managed health care entity meets the
16 standards established by the Illinois Department for
17 accessibility and quality of care. The Illinois
18 Department shall arrange for and oversee an evaluation of
19 the standards established under this paragraph (9) and
20 may recommend any necessary changes to these standards.
21 The Illinois Department shall submit an annual report to
22 the Governor and the General Assembly by April 1 of each
23 year regarding the effect of the standards on ensuring
24 access and quality of care to enrollees.
25 (10) Provide a procedure for handling complaints
26 that (i) for health maintenance organizations meets the
27 requirements of the Health Maintenance Organization Act
28 and (ii) for managed care community networks meets the
29 requirements established by the Illinois Department in
30 rules that incorporate those standards set forth in the
31 Health Maintenance Organization Act.
32 (11) Maintain, retain, and make available to the
33 Illinois Department records, data, and information, in a
34 uniform manner determined by the Illinois Department,
-844- LRB9000999EGfgam01
1 sufficient for the Illinois Department to monitor
2 utilization, accessibility, and quality of care.
3 (12) Except for providers who are prepaid, pay all
4 approved claims for covered services that are completed
5 and submitted to the managed health care entity within 30
6 days after receipt of the claim or receipt of the
7 appropriate capitation payment or payments by the managed
8 health care entity from the State for the month in which
9 the services included on the claim were rendered,
10 whichever is later. If payment is not made or mailed to
11 the provider by the managed health care entity by the due
12 date under this subsection, an interest penalty of 1% of
13 any amount unpaid shall be added for each month or
14 fraction of a month after the due date, until final
15 payment is made. Nothing in this Section shall prohibit
16 managed health care entities and providers from mutually
17 agreeing to terms that require more timely payment.
18 (13) Provide integration with community-based
19 programs provided by certified local health departments
20 such as Women, Infants, and Children Supplemental Food
21 Program (WIC), childhood immunization programs, health
22 education programs, case management programs, and health
23 screening programs.
24 (14) Provide that the pharmacy formulary used by a
25 managed health care entity and its contract providers be
26 no more restrictive than the Illinois Department's
27 pharmaceutical program on the effective date of this
28 amendatory Act of 1994 and as amended after that date.
29 (15) Provide integration with community-based
30 organizations, including, but not limited to, any
31 organization that has operated within a Medicaid
32 Partnership as defined by this Code or by rule of the
33 Illinois Department, that may continue to operate under a
34 contract with the Illinois Department or a managed health
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1 care entity under this Section to provide case management
2 services to Medicaid clients in designated high-need
3 areas.
4 The Illinois Department may, by rule, determine
5 methodologies to limit financial liability for managed health
6 care entities resulting from payment for services to
7 enrollees provided under the Illinois Department's integrated
8 health care program. Any methodology so determined may be
9 considered or implemented by the Illinois Department through
10 a contract with a managed health care entity under this
11 integrated health care program.
12 The Illinois Department shall contract with an entity or
13 entities to provide external peer-based quality assurance
14 review for the integrated health care program. The entity
15 shall be representative of Illinois physicians licensed to
16 practice medicine in all its branches and have statewide
17 geographic representation in all specialties of medical care
18 that are provided within the integrated health care program.
19 The entity may not be a third party payer and shall maintain
20 offices in locations around the State in order to provide
21 service and continuing medical education to physician
22 participants within the integrated health care program. The
23 review process shall be developed and conducted by Illinois
24 physicians licensed to practice medicine in all its branches.
25 In consultation with the entity, the Illinois Department may
26 contract with other entities for professional peer-based
27 quality assurance review of individual categories of services
28 other than services provided, supervised, or coordinated by
29 physicians licensed to practice medicine in all its branches.
30 The Illinois Department shall establish, by rule, criteria to
31 avoid conflicts of interest in the conduct of quality
32 assurance activities consistent with professional peer-review
33 standards. All quality assurance activities shall be
34 coordinated by the Illinois Department.
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1 (e) All persons enrolled in the program shall be
2 provided with a full written explanation of all
3 fee-for-service and managed health care plan options and a
4 reasonable opportunity to choose among the options as
5 provided by rule. The Illinois Department shall provide to
6 enrollees, upon enrollment in the integrated health care
7 program and at least annually thereafter, notice of the
8 process for requesting an appeal under the Illinois
9 Department's administrative appeal procedures.
10 Notwithstanding any other Section of this Code, the Illinois
11 Department may provide by rule for the Illinois Department to
12 assign a person enrolled in the program to a specific
13 provider of medical services or to a specific health care
14 delivery system if an enrollee has failed to exercise choice
15 in a timely manner. An enrollee assigned by the Illinois
16 Department shall be afforded the opportunity to disenroll and
17 to select a specific provider of medical services or a
18 specific health care delivery system within the first 30 days
19 after the assignment. An enrollee who has failed to exercise
20 choice in a timely manner may be assigned only if there are 3
21 or more managed health care entities contracting with the
22 Illinois Department within the contracting area, except that,
23 outside the City of Chicago, this requirement may be waived
24 for an area by rules adopted by the Illinois Department after
25 consultation with all hospitals within the contracting area.
26 The Illinois Department shall establish by rule the procedure
27 for random assignment of enrollees who fail to exercise
28 choice in a timely manner to a specific managed health care
29 entity in proportion to the available capacity of that
30 managed health care entity. Assignment to a specific provider
31 of medical services or to a specific managed health care
32 entity may not exceed that provider's or entity's capacity as
33 determined by the Illinois Department. Any person who has
34 chosen a specific provider of medical services or a specific
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1 managed health care entity, or any person who has been
2 assigned under this subsection, shall be given the
3 opportunity to change that choice or assignment at least once
4 every 12 months, as determined by the Illinois Department by
5 rule. The Illinois Department shall maintain a toll-free
6 telephone number for program enrollees' use in reporting
7 problems with managed health care entities.
8 (f) If a person becomes eligible for participation in
9 the integrated health care program while he or she is
10 hospitalized, the Illinois Department may not enroll that
11 person in the program until after he or she has been
12 discharged from the hospital. This subsection does not apply
13 to newborn infants whose mothers are enrolled in the
14 integrated health care program.
15 (g) The Illinois Department shall, by rule, establish
16 for managed health care entities rates that (i) are certified
17 to be actuarially sound, as determined by an actuary who is
18 an associate or a fellow of the Society of Actuaries or a
19 member of the American Academy of Actuaries and who has
20 expertise and experience in medical insurance and benefit
21 programs, in accordance with the Illinois Department's
22 current fee-for-service payment system, and (ii) take into
23 account any difference of cost to provide health care to
24 different populations based on gender, age, location, and
25 eligibility category. The rates for managed health care
26 entities shall be determined on a capitated basis.
27 The Illinois Department by rule shall establish a method
28 to adjust its payments to managed health care entities in a
29 manner intended to avoid providing any financial incentive to
30 a managed health care entity to refer patients to a county
31 provider, in an Illinois county having a population greater
32 than 3,000,000, that is paid directly by the Illinois
33 Department. The Illinois Department shall by April 1, 1997,
34 and annually thereafter, review the method to adjust
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1 payments. Payments by the Illinois Department to the county
2 provider, for persons not enrolled in a managed care
3 community network owned or operated by a county provider,
4 shall be paid on a fee-for-service basis under Article XV of
5 this Code.
6 The Illinois Department by rule shall establish a method
7 to reduce its payments to managed health care entities to
8 take into consideration (i) any adjustment payments paid to
9 hospitals under subsection (h) of this Section to the extent
10 those payments, or any part of those payments, have been
11 taken into account in establishing capitated rates under this
12 subsection (g) and (ii) the implementation of methodologies
13 to limit financial liability for managed health care entities
14 under subsection (d) of this Section.
15 (h) For hospital services provided by a hospital that
16 contracts with a managed health care entity, adjustment
17 payments shall be paid directly to the hospital by the
18 Illinois Department. Adjustment payments may include but
19 need not be limited to adjustment payments to:
20 disproportionate share hospitals under Section 5-5.02 of this
21 Code; primary care access health care education payments (89
22 Ill. Adm. Code 149.140); payments for capital, direct medical
23 education, indirect medical education, certified registered
24 nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
25 Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
26 Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
27 148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
28 Code 148.290(d)); perinatal center payments (89 Ill. Adm.
29 Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
30 Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
31 148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
32 148.290(h)); and outpatient indigent volume adjustments (89
33 Ill. Adm. Code 148.140(b)(5)).
34 (i) For any hospital eligible for the adjustment
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1 payments described in subsection (h), the Illinois Department
2 shall maintain, through the period ending June 30, 1995,
3 reimbursement levels in accordance with statutes and rules in
4 effect on April 1, 1994.
5 (j) Nothing contained in this Code in any way limits or
6 otherwise impairs the authority or power of the Illinois
7 Department to enter into a negotiated contract pursuant to
8 this Section with a managed health care entity, including,
9 but not limited to, a health maintenance organization, that
10 provides for termination or nonrenewal of the contract
11 without cause upon notice as provided in the contract and
12 without a hearing.
13 (k) Section 5-5.15 does not apply to the program
14 developed and implemented pursuant to this Section.
15 (l) The Illinois Department shall, by rule, define those
16 chronic or acute medical conditions of childhood that require
17 longer-term treatment and follow-up care. The Illinois
18 Department shall ensure that services required to treat these
19 conditions are available through a separate delivery system.
20 A managed health care entity that contracts with the
21 Illinois Department may refer a child with medical conditions
22 described in the rules adopted under this subsection directly
23 to a children's hospital or to a hospital, other than a
24 children's hospital, that is qualified to provide inpatient
25 and outpatient services to treat those conditions. The
26 Illinois Department shall provide fee-for-service
27 reimbursement directly to a children's hospital for those
28 services pursuant to Title 89 of the Illinois Administrative
29 Code, Section 148.280(a), at a rate at least equal to the
30 rate in effect on March 31, 1994. For hospitals, other than
31 children's hospitals, that are qualified to provide inpatient
32 and outpatient services to treat those conditions, the
33 Illinois Department shall provide reimbursement for those
34 services on a fee-for-service basis, at a rate at least equal
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1 to the rate in effect for those other hospitals on March 31,
2 1994.
3 A children's hospital shall be directly reimbursed for
4 all services provided at the children's hospital on a
5 fee-for-service basis pursuant to Title 89 of the Illinois
6 Administrative Code, Section 148.280(a), at a rate at least
7 equal to the rate in effect on March 31, 1994, until the
8 later of (i) implementation of the integrated health care
9 program under this Section and development of actuarially
10 sound capitation rates for services other than those chronic
11 or acute medical conditions of childhood that require
12 longer-term treatment and follow-up care as defined by the
13 Illinois Department in the rules adopted under this
14 subsection or (ii) March 31, 1996.
15 Notwithstanding anything in this subsection to the
16 contrary, a managed health care entity shall not consider
17 sources or methods of payment in determining the referral of
18 a child. The Illinois Department shall adopt rules to
19 establish criteria for those referrals. The Illinois
20 Department by rule shall establish a method to adjust its
21 payments to managed health care entities in a manner intended
22 to avoid providing any financial incentive to a managed
23 health care entity to refer patients to a provider who is
24 paid directly by the Illinois Department.
25 (m) Behavioral health services provided or funded by the
26 Department of Human Services, the Department of Children and
27 Family Services, and the Illinois Department shall be
28 excluded from a benefit package. Conditions of an organic or
29 physical origin or nature, including medical detoxification,
30 however, may not be excluded. In this subsection,
31 "behavioral health services" means mental health services and
32 subacute alcohol and substance abuse treatment services, as
33 defined in the Illinois Alcoholism and Other Drug Dependency
34 Act. In this subsection, "mental health services" includes,
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1 at a minimum, the following services funded by the Illinois
2 Department, the Department of Human Services (as successor to
3 the Department of Mental Health and Developmental
4 Disabilities), or the Department of Children and Family
5 Services: (i) inpatient hospital services, including related
6 physician services, related psychiatric interventions, and
7 pharmaceutical services provided to an eligible recipient
8 hospitalized with a primary diagnosis of psychiatric
9 disorder; (ii) outpatient mental health services as defined
10 and specified in Title 59 of the Illinois Administrative
11 Code, Part 132; (iii) any other outpatient mental health
12 services funded by the Illinois Department pursuant to the
13 State of Illinois Medicaid Plan; (iv) partial
14 hospitalization; and (v) follow-up stabilization related to
15 any of those services. Additional behavioral health services
16 may be excluded under this subsection as mutually agreed in
17 writing by the Illinois Department and the affected State
18 agency or agencies. The exclusion of any service does not
19 prohibit the Illinois Department from developing and
20 implementing demonstration projects for categories of persons
21 or services. The Department of Children and Family Services
22 and the Department of Human Services shall each adopt rules
23 governing the integration of managed care in the provision of
24 behavioral health services. The State shall integrate managed
25 care community networks and affiliated providers, to the
26 extent practicable, in any separate delivery system for
27 mental health services.
28 (n) The Illinois Department shall adopt rules to
29 establish reserve requirements for managed care community
30 networks, as required by subsection (a), and health
31 maintenance organizations to protect against liabilities in
32 the event that a managed health care entity is declared
33 insolvent or bankrupt. If a managed health care entity other
34 than a county provider is declared insolvent or bankrupt,
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1 after liquidation and application of any available assets,
2 resources, and reserves, the Illinois Department shall pay a
3 portion of the amounts owed by the managed health care entity
4 to providers for services rendered to enrollees under the
5 integrated health care program under this Section based on
6 the following schedule: (i) from April 1, 1995 through June
7 30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
8 through June 30, 2001, 80% of the amounts owed; and (iii)
9 from July 1, 2001 through June 30, 2005, 75% of the amounts
10 owed. The amounts paid under this subsection shall be
11 calculated based on the total amount owed by the managed
12 health care entity to providers before application of any
13 available assets, resources, and reserves. After June 30,
14 2005, the Illinois Department may not pay any amounts owed to
15 providers as a result of an insolvency or bankruptcy of a
16 managed health care entity occurring after that date. The
17 Illinois Department is not obligated, however, to pay amounts
18 owed to a provider that has an ownership or other governing
19 interest in the managed health care entity. This subsection
20 applies only to managed health care entities and the services
21 they provide under the integrated health care program under
22 this Section.
23 (o) Notwithstanding any other provision of law or
24 contractual agreement to the contrary, providers shall not be
25 required to accept from any other third party payer the rates
26 determined or paid under this Code by the Illinois
27 Department, managed health care entity, or other health care
28 delivery system for services provided to recipients.
29 (p) The Illinois Department may seek and obtain any
30 necessary authorization provided under federal law to
31 implement the program, including the waiver of any federal
32 statutes or regulations. The Illinois Department may seek a
33 waiver of the federal requirement that the combined
34 membership of Medicare and Medicaid enrollees in a managed
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1 care community network may not exceed 75% of the managed care
2 community network's total enrollment. The Illinois
3 Department shall not seek a waiver of this requirement for
4 any other category of managed health care entity. The
5 Illinois Department shall not seek a waiver of the inpatient
6 hospital reimbursement methodology in Section 1902(a)(13)(A)
7 of Title XIX of the Social Security Act even if the federal
8 agency responsible for administering Title XIX determines
9 that Section 1902(a)(13)(A) applies to managed health care
10 systems.
11 Notwithstanding any other provisions of this Code to the
12 contrary, the Illinois Department shall seek a waiver of
13 applicable federal law in order to impose a co-payment system
14 consistent with this subsection on recipients of medical
15 services under Title XIX of the Social Security Act who are
16 not enrolled in a managed health care entity. The waiver
17 request submitted by the Illinois Department shall provide
18 for co-payments of up to $0.50 for prescribed drugs and up to
19 $0.50 for x-ray services and shall provide for co-payments of
20 up to $10 for non-emergency services provided in a hospital
21 emergency room and up to $10 for non-emergency ambulance
22 services. The purpose of the co-payments shall be to deter
23 those recipients from seeking unnecessary medical care.
24 Co-payments may not be used to deter recipients from seeking
25 necessary medical care. No recipient shall be required to
26 pay more than a total of $150 per year in co-payments under
27 the waiver request required by this subsection. A recipient
28 may not be required to pay more than $15 of any amount due
29 under this subsection in any one month.
30 Co-payments authorized under this subsection may not be
31 imposed when the care was necessitated by a true medical
32 emergency. Co-payments may not be imposed for any of the
33 following classifications of services:
34 (1) Services furnished to person under 18 years of
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1 age.
2 (2) Services furnished to pregnant women.
3 (3) Services furnished to any individual who is an
4 inpatient in a hospital, nursing facility, intermediate
5 care facility, or other medical institution, if that
6 person is required to spend for costs of medical care all
7 but a minimal amount of his or her income required for
8 personal needs.
9 (4) Services furnished to a person who is receiving
10 hospice care.
11 Co-payments authorized under this subsection shall not be
12 deducted from or reduce in any way payments for medical
13 services from the Illinois Department to providers. No
14 provider may deny those services to an individual eligible
15 for services based on the individual's inability to pay the
16 co-payment.
17 Recipients who are subject to co-payments shall be
18 provided notice, in plain and clear language, of the amount
19 of the co-payments, the circumstances under which co-payments
20 are exempted, the circumstances under which co-payments may
21 be assessed, and their manner of collection.
22 The Illinois Department shall establish a Medicaid
23 Co-Payment Council to assist in the development of co-payment
24 policies for the medical assistance program. The Medicaid
25 Co-Payment Council shall also have jurisdiction to develop a
26 program to provide financial or non-financial incentives to
27 Medicaid recipients in order to encourage recipients to seek
28 necessary health care. The Council shall be chaired by the
29 Director of the Illinois Department, and shall have 6
30 additional members. Two of the 6 additional members shall be
31 appointed by the Governor, and one each shall be appointed by
32 the President of the Senate, the Minority Leader of the
33 Senate, the Speaker of the House of Representatives, and the
34 Minority Leader of the House of Representatives. The Council
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1 may be convened and make recommendations upon the appointment
2 of a majority of its members. The Council shall be appointed
3 and convened no later than September 1, 1994 and shall report
4 its recommendations to the Director of the Illinois
5 Department and the General Assembly no later than October 1,
6 1994. The chairperson of the Council shall be allowed to
7 vote only in the case of a tie vote among the appointed
8 members of the Council.
9 The Council shall be guided by the following principles
10 as it considers recommendations to be developed to implement
11 any approved waivers that the Illinois Department must seek
12 pursuant to this subsection:
13 (1) Co-payments should not be used to deter access
14 to adequate medical care.
15 (2) Co-payments should be used to reduce fraud.
16 (3) Co-payment policies should be examined in
17 consideration of other states' experience, and the
18 ability of successful co-payment plans to control
19 unnecessary or inappropriate utilization of services
20 should be promoted.
21 (4) All participants, both recipients and
22 providers, in the medical assistance program have
23 responsibilities to both the State and the program.
24 (5) Co-payments are primarily a tool to educate the
25 participants in the responsible use of health care
26 resources.
27 (6) Co-payments should not be used to penalize
28 providers.
29 (7) A successful medical program requires the
30 elimination of improper utilization of medical resources.
31 The integrated health care program, or any part of that
32 program, established under this Section may not be
33 implemented if matching federal funds under Title XIX of the
34 Social Security Act are not available for administering the
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1 program.
2 The Illinois Department shall submit for publication in
3 the Illinois Register the name, address, and telephone number
4 of the individual to whom a request may be directed for a
5 copy of the request for a waiver of provisions of Title XIX
6 of the Social Security Act that the Illinois Department
7 intends to submit to the Health Care Financing Administration
8 in order to implement this Section. The Illinois Department
9 shall mail a copy of that request for waiver to all
10 requestors at least 16 days before filing that request for
11 waiver with the Health Care Financing Administration.
12 (q) After the effective date of this Section, the
13 Illinois Department may take all planning and preparatory
14 action necessary to implement this Section, including, but
15 not limited to, seeking requests for proposals relating to
16 the integrated health care program created under this
17 Section.
18 (r) In order to (i) accelerate and facilitate the
19 development of integrated health care in contracting areas
20 outside counties with populations in excess of 3,000,000 and
21 counties adjacent to those counties and (ii) maintain and
22 sustain the high quality of education and residency programs
23 coordinated and associated with local area hospitals, the
24 Illinois Department may develop and implement a demonstration
25 program for managed care community networks owned, operated,
26 or governed by State-funded medical schools. The Illinois
27 Department shall prescribe by rule the criteria, standards,
28 and procedures for effecting this demonstration program.
29 (s) (Blank).
30 (t) On April 1, 1995 and every 6 months thereafter, the
31 Illinois Department shall report to the Governor and General
32 Assembly on the progress of the integrated health care
33 program in enrolling clients into managed health care
34 entities. The report shall indicate the capacities of the
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1 managed health care entities with which the State contracts,
2 the number of clients enrolled by each contractor, the areas
3 of the State in which managed care options do not exist, and
4 the progress toward meeting the enrollment goals of the
5 integrated health care program.
6 (u) The Illinois Department may implement this Section
7 through the use of emergency rules in accordance with Section
8 5-45 of the Illinois Administrative Procedure Act. For
9 purposes of that Act, the adoption of rules to implement this
10 Section is deemed an emergency and necessary for the public
11 interest, safety, and welfare.
12 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
13 89-673, eff. 8-14-96; 90-14, eff. 7-1-97; 90-254, eff.
14 1-1-98; 90-538, eff. 12-1-97; revised 12-3-97.)
15 (305 ILCS 5/5-16.6)
16 Sec. 5-16.6. Provider compliance with certain
17 requirements. The Illinois Department shall inquire of
18 appropriate State agencies concerning the status of all
19 providers' compliance with State income tax requirements,
20 child support payments in accordance with Article X of this
21 Code, and educational loans guaranteed by the Illinois State
22 Scholarship Commission. The Illinois Department may suspend
23 from participation in the medical assistance program, after
24 reasonable notice and opportunity for a hearing in accordance
25 with Section 12-4.25 of Article V of this Code, those
26 providers not in compliance with these requirements, unless
27 payment arrangements acceptable to the appropriate State
28 agency are made.
29 (Source: P.A. 88-554, eff. 7-26-94; revised 12-18-97.)
30 (305 ILCS 5/5-22)
31 Sec. 5-22. Healthy Moms/Healthy Kids reporting
32 requirement. The Illinois Department shall submit a report
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1 concerning the Healthy Moms/Healthy Kids Program on July 31,
2 1994 and on that day each year thereafter. The report shall
3 contain the following information:
4 (1) A list of each Primary Care Provider participating
5 in the Healthy Moms/Healthy Kids Managed Care Program and the
6 following information for each listed provider:
7 (A) zip code;
8 (B) specialty (as indicated on their HMHK Managed
9 Care Provider Agreement);
10 (C) total number of patients that the provider has
11 agreed to enroll each month under the signed agreement
12 including the total number of pregnant women and the
13 total number of children each provider has agreed to
14 serve; and
15 (D) total number of unduplicated patients the
16 provider has enrolled (by month and for the year) under
17 the signed agreement including the number of pregnant
18 women and the total number of children.
19 (2) The unduplicated number of children who are Medicaid
20 enrolled in the Healthy Moms/Healthy Kids Managed Care
21 Program's target area during the year.
22 (3) The unduplicated number of children who were
23 enrolled in the Healthy Moms/Healthy Kids Managed Care
24 Program during the year:
25 (A) The unduplicated number of children who were
26 assigned to a Primary Care Provider enrolled physician.
27 (B) The unduplicated number of children who were
28 assigned to a Federally Qualified Health Center (number
29 of FQHC name).
30 (C) The unduplicated number of children who were
31 assigned to a hospital outpatient or other clinic type
32 (number of hospital outpatient or other clinic name).
33 (D) The unduplicated number of children who were
34 assigned to an HMO (number of HMO name).
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1 (4) The unduplicated number of known pregnant women who
2 are Medicaid enrolled during their pregnancy in the Healthy
3 Moms/Healthy Kids Managed Care Program's target area during
4 the year.
5 (5) The unduplicated number of pregnant women who were
6 enrolled in the Healthy Moms/Healthy Kids Managed Care
7 Program during the year:
8 (A) The unduplicated number of pregnant women who
9 were assigned to a Primary Care Provider enrolled
10 physician.
11 (B) The unduplicated number of pregnant women who
12 were assigned to a Federally Qualified Health Center
13 (number by FQHC name).
14 (C) The unduplicated number of pregnant women who
15 were assigned to a hospital outpatient or other clinic
16 type (number of hospital outpatient or other clinic
17 name).
18 (D) The unduplicated number of women who were
19 pregnant at the time of assignment to an HMO (number of
20 HMO name).
21 (6) The number of unduplicated children who were
22 Medicaid enrolled in the Healthy Moms/Healthy Kids Managed
23 Care Program's target area, but who were not enrolled with
24 one of the Primary Care Provider types or an HMO during the
25 year.
26 (7) The number of known unduplicated pregnant women who
27 were Medicaid enrolled in the Healthy Moms/Healthy Kids
28 Managed Care Program's target area but who were not enrolled
29 with one of the Primary Care Provider types or an HMO during
30 the year.
31 (8) The number of unduplicated children enrolled in the
32 Healthy Moms/Healthy Kids Managed Care Program who were
33 referred to a specialist, indicating the number of children
34 by specialty, as identified in the Medicaid Provider
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1 Enrollment system.
2 (9) The number of unduplicated pregnant women enrolled
3 in the Healthy Moms/Healthy Kids Managed Care Program who
4 were referred to a specialist, indicating the number of
5 pregnant women by specialty, as identified in the Medicaid
6 Provider Enrollment system.
7 (10) A list of each case management agency participating
8 in the Healthy Moms/Healthy Kids Managed Care Program and the
9 following information for each listed agency:
10 (A) name;
11 (B) address and zip code;
12 (C) the number of cases assigned by category (i.e.
13 ie. families with pregnant women; families with infants;
14 families with children over age one) by month and an
15 unduplicated total for the year; and
16 (D) the amount of payment for case management
17 services by month and a total for the year.
18 (11) A list of each case management agency participating
19 in the Healthy Moms/Healthy Kids Program (outside of the
20 target Healthy Moms/Healthy Kids Managed Care Program area)
21 and the following information for each listed agency:
22 (A) name;
23 (B) address and zip code;
24 (B-5) (C) county/area served;
25 (C) the number of cases assigned by category (i.e.
26 ie. families with pregnant women; families with infants;
27 families with children over age one) by month and an
28 unduplicated total for the year; and
29 (D) the amount of payment for case management
30 services by month and an unduplicated total for the year.
31 (12) The total number of physicians by county, who have
32 signed Healthy Moms/Healthy Kids Provider Agreements (outside
33 of the target Healthy Moms/Healthy Kids Managed Care Program
34 area).
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1 (Source: P.A. 88-514; 88-670, eff. 12-2-94; revised
2 12-23-97.)
3 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
4 Sec. 9A-9. Program Activities. The Department shall
5 establish education, training and placement activities by
6 rule. Not all of the same activities need be provided in
7 each county in the State. Such activities may include the
8 following:
9 (a) Education (Below post secondary). In the Education
10 (below post secondary) activity, the individual receives
11 information, referral, counseling services and support
12 services to increase the individual's employment potential.
13 Participants may be referred to testing, counseling and
14 education resources. Educational activities will include
15 basic and remedial education; English proficiency classes;
16 high school or its equivalency (e.g., GED) or alternative
17 education at the secondary level; and with any educational
18 program, structured study time to enhance successful
19 participation. An individual's participation in an education
20 program such as literacy, basic adult education, high school
21 equivalency (GED), or a remedial program shall be limited to
22 2 years unless the individual also is working or
23 participating in a work activity approved by the Illinois
24 Department as defined by rule; this requirement does not
25 apply, however, to students enrolled in high school.
26 (b) Job Skills Training (Vocational). Job Skills
27 Training is designed to increase the individual's ability to
28 obtain and maintain employment. Job Skills Training
29 activities will include vocational skill classes designed to
30 increase a participant's ability to obtain and maintain
31 employment. Job Skills Training may include certificate
32 programs.
33 (c) Job Readiness. The job readiness activity is
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1 designed to enhance the quality of the individual's level of
2 participation in the world of work while learning the
3 necessary essentials to obtain and maintain employment. This
4 activity helps individuals gain the necessary job finding
5 skills to help them find and retain employment that will lead
6 to economic independence.
7 (d) Job Search. Job Search may be conducted
8 individually or in groups. Job Search includes the provision
9 of counseling, job seeking skills training and information
10 dissemination. Group job search may include training in a
11 group session. Assignment exclusively to job search cannot
12 be in excess of 8 consecutive weeks (or its equivalent) in
13 any period of 12 consecutive months.
14 (e) Work Experience. Work Experience assignments may be
15 with private employers or not-for-profit or public agencies
16 in the State. The Illinois Department shall provide workers'
17 compensation coverage. Participants who are not members of a
18 2-parent assistance unit may not be assigned more hours than
19 their cash grant amount plus food stamps divided by the
20 minimum wage. Private employers and not-for-profit and
21 public agencies shall not use Work Experience participants to
22 displace regular employees. Participants in Work Experience
23 may perform work in the public interest (which otherwise
24 meets the requirements of this Section) for a federal office
25 or agency with its consent, and notwithstanding the
26 provisions of 31 U.S.C. 1342, or any other provision of law,
27 such agency may accept such services, but participants shall
28 not be considered federal employees for any purpose. A
29 participant shall be reassessed at the end of assignment to
30 Work Experience. The participant may be reassigned to Work
31 Experience or assigned to another activity, based on the
32 reassessment.
33 (f) On the Job Training. In On the Job Training, a
34 participant is hired by a private or public employer and
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1 while engaged in productive work receives training that
2 provides knowledge or skills essential to full and adequate
3 performance of the job.
4 (g) Work Supplementation. In work supplementation, the
5 Department pays a wage subsidy to an employer who hires a
6 participant. The cash grant which a participant would
7 receive if not employed is diverted and the diverted cash
8 grant is used to pay the wage subsidy.
9 (h) Post Secondary Education. Post secondary education
10 must be administered by an educational institution accredited
11 under requirements of State law. The Illinois Department may
12 not approve an individual's participation in any
13 post-secondary education program, other than full-time,
14 short-term vocational training for a specific job, unless the
15 individual also is employed part-time, as defined by the
16 Illinois Department by rule.
17 (i) Self Initiated Education. Participants who are
18 attending an institution of higher education or a vocational
19 or technical program of their own choosing and who are in
20 good standing, may continue to attend and receive supportive
21 services only if the educational program is approved by the
22 Department, and is in conformity with the participant's
23 personal plan for achieving employment and self-sufficiency
24 and the participant is employed part-time, as defined by the
25 Illinois Department by rule.
26 (j) Job Development and Placement. Department staff
27 shall develop through contacts with public and private
28 employers unsubsidized job openings for participants. Job
29 interviews will be secured for clients by the marketing of
30 participants for specific job openings. Job ready
31 individuals may be assigned to Job Development and Placement.
32 (k) Job Retention. The job retention component is
33 designed to assist participants in retaining employment.
34 Initial employment expenses and job retention services are
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1 provided. The individual's support service needs are
2 assessed and the individual receives counseling regarding job
3 retention skills.
4 (l) (Blank).
5 (m) Pay-after-performance Program. A parent may be
6 required to participate in a pay-after-performance program in
7 which the parent must work a specified number of hours to
8 earn the grant. The program shall comply with provisions of
9 this Code governing work experience programs.
10 (n) (l) Community Service. A participant whose youngest
11 child is 13 years of age or older may be required to perform
12 at least 20 hours of community service per week as a
13 condition of eligibility for aid under Article IV. The
14 Illinois Department shall give priority to community service
15 placements in public schools, where participants can serve as
16 hall and lunchroom monitors, assist teachers, and perform
17 other appropriate services.
18 (Source: P.A. 89-289, eff. 1-1-96; 90-17, eff. 7-1-97;
19 90-457, eff. 1-1-98; revised 11-7-97.)
20 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
21 Sec. 10-10. Court enforcement; applicability also to
22 persons who are not applicants or recipients. Except where
23 the Illinois Department, by agreement, acts for the local
24 governmental unit, as provided in Section 10-3.1, local
25 governmental units shall refer to the State's Attorney or to
26 the proper legal representative of the governmental unit, for
27 judicial enforcement as herein provided, instances of
28 non-support or insufficient support when the dependents are
29 applicants or recipients under Article VI. The Child and
30 Spouse Support Unit established by Section 10-3.1 may
31 institute in behalf of the Illinois Department any actions
32 under this Section for judicial enforcement of the support
33 liability when the dependents are (a) applicants or
-865- LRB9000999EGfgam01
1 recipients under Articles III, IV, V or VII (b) applicants or
2 recipients in a local governmental unit when the Illinois
3 Department, by agreement, acts for the unit; or (c)
4 non-applicants or non-recipients who are receiving support
5 enforcement services under this Article X, as provided in
6 Section 10-1. Where the Child and Spouse Support Unit has
7 exercised its option and discretion not to apply the
8 provisions of Sections 10-3 through 10-8, the failure by the
9 Unit to apply such provisions shall not be a bar to bringing
10 an action under this Section.
11 Action shall be brought in the circuit court to obtain
12 support, or for the recovery of aid granted during the period
13 such support was not provided, or both for the obtainment of
14 support and the recovery of the aid provided. Actions for
15 the recovery of aid may be taken separately or they may be
16 consolidated with actions to obtain support. Such actions
17 may be brought in the name of the person or persons requiring
18 support, or may be brought in the name of the Illinois
19 Department or the local governmental unit, as the case
20 requires, in behalf of such persons.
21 The court may enter such orders for the payment of moneys
22 for the support of the person as may be just and equitable
23 and may direct payment thereof for such period or periods of
24 time as the circumstances require, including support for a
25 period before the date the order for support is entered. The
26 order may be entered against any or all of the defendant
27 responsible relatives and may be based upon the proportionate
28 ability of each to contribute to the person's support.
29 The Court shall determine the amount of child support
30 (including child support for a period before the date the
31 order for child support is entered) by using the guidelines
32 and standards set forth in subsection (a) of Section 505 and
33 in Section 505.2 of the Illinois Marriage and Dissolution of
34 Marriage Act. For purposes of determining the amount of
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1 child support to be paid for a period before the date the
2 order for child support is entered, there is a rebuttable
3 presumption that the responsible relative's net income for
4 that period was the same as his or her net income at the time
5 the order is entered.
6 An order entered under this Section shall include a
7 provision requiring the obligor to report to the obligee and
8 to the clerk of court within 10 days each time the obligor
9 obtains new employment, and each time the obligor's
10 employment is terminated for any reason. The report shall be
11 in writing and shall, in the case of new employment, include
12 the name and address of the new employer. Failure to report
13 new employment or the termination of current employment, if
14 coupled with nonpayment of support for a period in excess of
15 60 days, is indirect criminal contempt. For any obligor
16 arrested for failure to report new employment bond shall be
17 set in the amount of the child support that should have been
18 paid during the period of unreported employment. An order
19 entered under this Section shall also include a provision
20 requiring the obligor and obligee parents to advise each
21 other of a change in residence within 5 days of the change
22 except when the court finds that the physical, mental, or
23 emotional health of a party or that of a minor child, or
24 both, would be seriously endangered by disclosure of the
25 party's address.
26 The Court shall determine the amount of maintenance using
27 the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 Any new or existing support order entered by the court
30 under this Section shall be deemed to be a series of
31 judgments against the person obligated to pay support
32 thereunder, each such judgment to be in the amount of each
33 payment or installment of support and each such judgment to
34 be deemed entered as of the date the corresponding payment or
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1 installment becomes due under the terms of the support order.
2 Each such judgment shall have the full force, effect and
3 attributes of any other judgment of this State, including the
4 ability to be enforced. Any such judgment is subject to
5 modification or termination only in accordance with Section
6 510 of the Illinois Marriage and Dissolution of Marriage Act.
7 A lien arises by operation of law against the real and
8 personal property of the noncustodial parent for each
9 installment of overdue support owed by the noncustodial
10 parent.
11 When an order is entered for the support of a minor, the
12 court may provide therein for reasonable visitation of the
13 minor by the person or persons who provided support pursuant
14 to the order. Whoever willfully refuses to comply with such
15 visitation order or willfully interferes with its enforcement
16 may be declared in contempt of court and punished therefor.
17 Except where the local governmental unit has entered into
18 an agreement with the Illinois Department for the Child and
19 Spouse Support Unit to act for it, as provided in Section
20 10-3.1, support orders entered by the court in cases
21 involving applicants or recipients under Article VI shall
22 provide that payments thereunder be made directly to the
23 local governmental unit. Orders for the support of all other
24 applicants or recipients shall provide that payments
25 thereunder be made directly to the Illinois Department. In
26 accordance with federal law and regulations, the Illinois
27 Department may continue to collect current maintenance
28 payments or child support payments, or both, after those
29 persons cease to receive public assistance and until
30 termination of services under Article X. The Illinois
31 Department shall pay the net amount collected to those
32 persons after deducting any costs incurred in making the
33 collection or any collection fee from the amount of any
34 recovery made. In both cases the order shall permit the
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1 local governmental unit or the Illinois Department, as the
2 case may be, to direct the responsible relative or relatives
3 to make support payments directly to the needy person, or to
4 some person or agency in his behalf, upon removal of the
5 person from the public aid rolls or upon termination of
6 services under Article X.
7 If the notice of support due issued pursuant to Section
8 10-7 directs that support payments be made directly to the
9 needy person, or to some person or agency in his behalf, and
10 the recipient is removed from the public aid rolls, court
11 action may be taken against the responsible relative
12 hereunder if he fails to furnish support in accordance with
13 the terms of such notice.
14 Actions may also be brought under this Section in behalf
15 of any person who is in need of support from responsible
16 relatives, as defined in Section 2-11 of Article II who is
17 not an applicant for or recipient of financial aid under this
18 Code. In such instances, the State's Attorney of the county
19 in which such person resides shall bring action against the
20 responsible relatives hereunder. If the Illinois Department,
21 as authorized by Section 10-1, extends the support services
22 provided by this Article to spouses and dependent children
23 who are not applicants or recipients under this Code, the
24 Child and Spouse Support Unit established by Section 10-3.1
25 shall bring action against the responsible relatives
26 hereunder and any support orders entered by the court in such
27 cases shall provide that payments thereunder be made directly
28 to the Illinois Department.
29 Whenever it is determined in a proceeding to establish or
30 enforce a child support or maintenance obligation that the
31 person owing a duty of support is unemployed, the court may
32 order the person to seek employment and report periodically
33 to the court with a diary, listing or other memorandum of his
34 or her efforts in accordance with such order. Additionally,
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1 the court may order the unemployed person to report to the
2 Department of Employment Security for job search services or
3 to make application with the local Jobs Training Partnership
4 Act provider for participation in job search, training or
5 work programs and where the duty of support is owed to a
6 child receiving support services under this Article X, the
7 court may order the unemployed person to report to the
8 Illinois Department for participation in job search, training
9 or work programs established under Section 9-6 and Article
10 IXA of this Code.
11 Whenever it is determined that a person owes past-due
12 support for a child receiving assistance under this Code, the
13 court shall order at the request of the Illinois Department:
14 (1) that the person pay the past-due support in
15 accordance with a plan approved by the court; or
16 (2) if the person owing past-due support is
17 unemployed, is subject to such a plan, and is not
18 incapacitated, that the person participate in such job
19 search, training, or work programs established under
20 Section 9-6 and Article IXA of this Code as the court
21 deems appropriate.
22 A determination under this Section shall not be
23 administratively reviewable by the procedures specified in
24 Sections 10-12, and 10-13 to 10-13.10. Any determination
25 under these Sections, if made the basis of court action under
26 this Section, shall not affect the de novo judicial
27 determination required under this Section.
28 A one-time charge of 20% is imposable upon the amount of
29 past-due child support owed on July 1, 1988 which has accrued
30 under a support order entered by the court. The charge shall
31 be imposed in accordance with the provisions of Section 10-21
32 of this Code and shall be enforced by the court upon
33 petition.
34 All orders for support, when entered or modified, shall
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1 include a provision requiring the non-custodial parent to
2 notify the court and, in cases in which a party is receiving
3 child and spouse support services under this Article X, the
4 Illinois Department, within 7 days, (i) of the name, address,
5 and telephone number of any new employer of the non-custodial
6 parent, (ii) whether the non-custodial parent has access to
7 health insurance coverage through the employer or other group
8 coverage and, if so, the policy name and number and the names
9 of persons covered under the policy, and (iii) of any new
10 residential or mailing address or telephone number of the
11 non-custodial parent. In any subsequent action to enforce a
12 support order, upon a sufficient showing that a diligent
13 effort has been made to ascertain the location of the
14 non-custodial parent, service of process or provision of
15 notice necessary in the case may be made at the last known
16 address of the non-custodial parent in any manner expressly
17 provided by the Code of Civil Procedure or this Code, which
18 service shall be sufficient for purposes of due process.
19 In cases in which a party is receiving child and spouse
20 support services under this Article X and the order for
21 support provides that child support payments be made to the
22 obligee, the Illinois Department of Public Aid may provide
23 notice to the obligor and the obligor's payor, when income
24 withholding is in effect under Section 10-16.2, to make all
25 payments after receipt of the Illinois Department's notice to
26 the clerk of the court until further notice by the Illinois
27 Department or order of the court. Copies of the notice shall
28 be provided to the obligee and the clerk. The clerk's copy
29 shall contain a proof of service on the obligor and the
30 obligor's payor, where applicable. The clerk shall file the
31 clerk's copy of the notice in the court file. The notice to
32 the obligor and the payor, if applicable, may be sent by
33 ordinary mail, certified mail, return receipt requested,
34 facsimile transmission, or other electronic process, or may
-871- LRB9000999EGfgam01
1 be served upon the obligor or payor using any method provided
2 by law for service of a summons. An obligor who fails to
3 comply with a notice provided under this paragraph is guilty
4 of a Class B misdemeanor. A payor who fails to comply with a
5 notice provided under this paragraph is guilty of a business
6 offense and subject to a fine of up to $1,000.
7 An order for support shall include a date on which the
8 current support obligation terminates. The termination date
9 shall be no earlier than the date on which the child covered
10 by the order will attain the age of majority or is otherwise
11 emancipated. The order for support shall state that the
12 termination date does not apply to any arrearage that may
13 remain unpaid on that date. Nothing in this paragraph shall
14 be construed to prevent the court from modifying the order.
15 Upon notification in writing or by electronic
16 transmission from the Illinois Department to the clerk of the
17 court that a person who is receiving support payments under
18 this Section is receiving services under the Child Support
19 Enforcement Program established by Title IV-D of the Social
20 Security Act, any support payments subsequently received by
21 the clerk of the court shall be transmitted in accordance
22 with the instructions of the Illinois Department until the
23 Illinois Department gives notice to the clerk of the court to
24 cease the transmittal. After providing the notification
25 authorized under this paragraph, the Illinois Department
26 shall be entitled as a party to notice of any further
27 proceedings in the case. The clerk of the court shall file a
28 copy of the Illinois Department's notification in the court
29 file. The clerk's failure to file a copy of the notification
30 in the court file shall not, however, affect the Illinois
31 Department's right to receive notice of further proceedings.
32 Payments under this Section to the Illinois Department
33 pursuant to the Child Support Enforcement Program established
34 by Title IV-D of the Social Security Act shall be paid into
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1 the Child Support Enforcement Trust Fund. All other payments
2 under this Section to the Illinois Department shall be
3 deposited in the Public Assistance Recoveries Trust Fund.
4 Disbursements from these funds shall be as provided in
5 Sections 12-9 and 12-10.2 of this Code. Payments received by
6 a local governmental unit shall be deposited in that unit's
7 General Assistance Fund.
8 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
9 revised 12-23-97.)
10 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
11 Sec. 10-11. Administrative Orders. In lieu of actions
12 for court enforcement of support under Section 10-10, the
13 Child and Spouse Support Unit of the Illinois Department, in
14 accordance with the rules of the Illinois Department, may
15 issue an administrative order requiring the responsible
16 relative to comply with the terms of the determination and
17 notice of support due, determined and issued under Sections
18 10-6 and 10-7. The Unit may also enter an administrative
19 order under subsection (b) of Section 10-7. The
20 administrative order shall be served upon the responsible
21 relative by United States registered or certified mail.
22 If a responsible relative fails to petition the Illinois
23 Department for release from or modification of the
24 administrative order, as provided in Section 10-12, the order
25 shall become final and there shall be no further
26 administrative or judicial remedy. Likewise a decision by
27 the Illinois Department as a result of an administrative
28 hearing, as provided in Sections 10-13 to 10-13.10, shall
29 become final and enforceable if not judicially reviewed under
30 the Administrative Review Law, as provided in Section 10-14.
31 Any new or existing support order entered by the Illinois
32 Department under this Section shall be deemed to be a series
33 of judgments against the person obligated to pay support
-873- LRB9000999EGfgam01
1 thereunder, each such judgment to be in the amount of each
2 payment or installment of support and each such judgment to
3 be deemed entered as of the date the corresponding payment or
4 installment becomes due under the terms of the support order.
5 Each such judgment shall have the full force, effect and
6 attributes of any other judgment of this State, including the
7 ability to be enforced. Any such judgment is subject to
8 modification or termination only in accordance with Section
9 510 of the Illinois Marriage and Dissolution of Marriage Act.
10 A lien arises by operation of law against the real and
11 personal property of the noncustodial parent for each
12 installment of overdue support owed by the noncustodial
13 parent.
14 An order entered under this Section shall include a
15 provision requiring the obligor to report to the obligee and
16 to the clerk of court within 10 days each time the obligor
17 obtains new employment, and each time the obligor's
18 employment is terminated for any reason. The report shall be
19 in writing and shall, in the case of new employment, include
20 the name and address of the new employer. Failure to report
21 new employment or the termination of current employment, if
22 coupled with nonpayment of support for a period in excess of
23 60 days, is indirect criminal contempt. For any obligor
24 arrested for failure to report new employment bond shall be
25 set in the amount of the child support that should have been
26 paid during the period of unreported employment. An order
27 entered under this Section shall also include a provision
28 requiring the obligor and obligee parents to advise each
29 other of a change in residence within 5 days of the change
30 except when the court finds that the physical, mental, or
31 emotional health of a party or that of a minor child, or
32 both, would be seriously endangered by disclosure of the
33 party's address.
34 A one-time charge of 20% is imposable upon the amount of
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1 past-due child support owed on July 1, 1988, which has
2 accrued under a support order entered by the Illinois
3 Department under this Section. The charge shall be imposed
4 in accordance with the provisions of Section 10-21 and shall
5 be enforced by the court in a suit filed under Section 10-15.
6 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
7 revised 12-23-97.)
8 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
9 Sec. 10-16.2. Withholding of Income to Secure Payment of
10 Support.
11 (A) Definitions.
12 (1) "Order for support" means any order of the court
13 which provides for periodic payment of funds for the support
14 of a child or maintenance of a spouse, whether temporary or
15 final, and includes any such order which provides for:
16 (a) Modification or resumption of, or payment of
17 arrearage accrued under, a previously existing order;
18 (b) Reimbursement of support; or
19 (c) Enrollment in a health insurance plan that is
20 available to the obligor through an employer or labor
21 union or trade union.
22 (2) "Arrearage" means the total amount of unpaid support
23 obligations as determined by the court and incorporated into
24 an order for support.
25 (3) "Delinquency" means any payment under an order for
26 support which becomes due and remains unpaid after entry of
27 the order for support.
28 (4) "Income" means any form of periodic payment to an
29 individual, regardless of source, including, but not limited
30 to: wages, salary, commission, compensation as an independent
31 contractor, workers' compensation, disability, annuity,
32 pension, and retirement benefits, lottery prize awards,
33 insurance proceeds, vacation pay, bonuses, profit-sharing
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1 payments, interest, and any other payments, made by any
2 person, private entity, federal or state government, any unit
3 of local government, school district or any entity created by
4 Public Act; however, "income" excludes:
5 (a) Any amounts required by law to be withheld,
6 other than creditor claims, including, but not limited
7 to, federal, State and local taxes, Social Security and
8 other retirement and disability contributions;
9 (b) Union dues;
10 (c) Any amounts exempted by the federal Consumer
11 Credit Protection Act;
12 (d) Public assistance payments; and
13 (e) Unemployment insurance benefits except as
14 provided by law.
15 Any other State or local laws which limit or exempt
16 income or the amount or percentage of income that can be
17 withheld shall not apply.
18 (5) "Obligor" means the individual who owes a duty to
19 make payments under an order for support.
20 (6) "Obligee" means the individual to whom a duty of
21 support is owed or the individual's legal representative.
22 (7) "Payor" means any payor of income to an obligor.
23 (8) "Public office" means any elected official or any
24 State or local agency which is or may become responsible by
25 law for enforcement of, or which is or may become authorized
26 to enforce, an order for support, including, but not limited
27 to: the Attorney General, the Illinois Department of Public
28 Aid, the Illinois Department of Human Services (as successor
29 to the Department of Mental Health and Developmental
30 Disabilities), the Illinois Department of Children and Family
31 Services, and the various State's Attorneys, Clerks of the
32 Circuit Court and supervisors of general assistance.
33 (9) "Premium" means the dollar amount for which the
34 obligor is liable to his employer or labor union or trade
-876- LRB9000999EGfgam01
1 union and which must be paid to enroll or maintain a child in
2 a health insurance plan that is available to the obligor
3 through an employer or labor union or trade union.
4 (B) Entry of Order for Support Containing Income Withholding
5 Provisions; Income Withholding Notice.
6 (1) In addition to any content required under other
7 laws, every order for support entered on or after July 1,
8 1997, shall:
9 (a) Require an income withholding notice to be
10 prepared and served immediately upon any payor of the
11 obligor by the obligee or public office, unless a written
12 agreement is reached between and signed by both parties
13 providing for an alternative arrangement, approved and
14 entered into the record by the court, which ensures
15 payment of support. In that case, the order for support
16 shall provide that an income withholding notice is to be
17 prepared and served only if the obligor becomes
18 delinquent in paying the order for support; and
19 (b) Contain a dollar amount to be paid until
20 payment in full of any delinquency that accrues after
21 entry of the order for support. The amount for payment
22 of delinquency shall not be less than 20% of the total of
23 the current support amount and the amount to be paid
24 periodically for payment of any arrearage stated in the
25 order for support; and
26 (c) Include the obligor's Social Security Number,
27 which the obligor shall disclose to the court. If the
28 obligor is not a United States citizen, the obligor shall
29 disclose to the court, and the court shall include in the
30 order for support, the obligor's alien registration
31 number, passport number, and home country's social
32 security or national health number, if applicable.
33 (2) At the time the order for support is entered, the
34 Clerk of the Circuit Court shall provide a copy of the order
-877- LRB9000999EGfgam01
1 to the obligor and shall make copies available to the obligee
2 and public office.
3 (3) The income withholding notice shall:
4 (a) Be in the standard format prescribed by the
5 federal Department of Health and Human Services; and
6 (b) Direct any payor to withhold the dollar amount
7 required for current support under the order for support;
8 and
9 (c) Direct any payor to withhold the dollar amount
10 required to be paid periodically under the order for
11 support for payment of the amount of any arrearage stated
12 in the order for support; and
13 (d) Direct any payor or labor union or trade union
14 to enroll a child as a beneficiary of a health insurance
15 plan and withhold or cause to be withheld, if applicable,
16 any required premiums; and
17 (e) State the amount of the payor income
18 withholding fee specified under this Section; and
19 (f) State that the amount actually withheld from
20 the obligor's income for support and other purposes,
21 including the payor withholding fee specified under this
22 Section, may not be in excess of the maximum amount
23 permitted under the federal Consumer Credit Protection
24 Act; and
25 (g) State the duties of the payor and the fines and
26 penalties for failure to withhold and pay over income and
27 for discharging, disciplining, refusing to hire, or
28 otherwise penalizing the obligor because of the duty to
29 withhold and pay over income under this Section; and
30 (h) State the rights, remedies, and duties of the
31 obligor under this Section; and
32 (i) Include the obligor's Social Security Number;
33 and
34 (j) Include the date that withholding for current
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1 support terminates, which shall be the date of
2 termination of the current support obligation set forth
3 in the order for support.
4 (4) The accrual of a delinquency as a condition for
5 service of an income withholding notice, under the exception
6 to immediate withholding in paragraph (1) of this subsection,
7 shall apply only to the initial service of an income
8 withholding notice on a payor of the obligor.
9 (5) Notwithstanding the exception to immediate
10 withholding contained in paragraph (1) of this subsection, if
11 the court finds at the time of any hearing that an arrearage
12 has accrued, the court shall order immediate service of an
13 income withholding notice upon the payor.
14 (6) If the order for support, under the exception to
15 immediate withholding contained in paragraph (1) of this
16 subsection, provides that an income withholding notice is to
17 be prepared and served only if the obligor becomes delinquent
18 in paying the order for support, the obligor may execute a
19 written waiver of that condition and request immediate
20 service on the payor.
21 (7) The obligee or public office may serve the income
22 withholding notice on the payor or its superintendent,
23 manager, or other agent by ordinary mail or certified mail
24 return receipt requested, by facsimile transmission or other
25 electronic means, by personal delivery, or by any method
26 provided by law for service of a summons. At the time of
27 service on the payor and as notice that withholding has
28 commenced, the obligee or public office shall serve a copy of
29 the income withholding notice on the obligor by ordinary mail
30 addressed to his or her last known address. Proofs of
31 service on the payor and the obligor shall be filed with the
32 Clerk of the Circuit Court.
33 (8) At any time after the initial service of an income
34 withholding notice under this Section, any other payor of the
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1 obligor may be served with the same income withholding notice
2 without further notice to the obligor.
3 (9) (4) New service of an income order for withholding
4 notice is not required in order to resume withholding of
5 income in the case of an obligor with respect to whom an
6 income order for withholding notice was previously served on
7 the payor if withholding of income was terminated because of
8 an interruption in the obligor's employment of less than 180
9 days.
10 (C) Income Withholding After Accrual of Delinquency.
11 (1) Whenever an obligor accrues a delinquency, the
12 obligee or public office may prepare and serve upon the
13 obligor's payor an income withholding notice that:
14 (a) Contains the information required under
15 paragraph (3) of subsection (B); and
16 (b) Contains a computation of the period and total
17 amount of the delinquency as of the date of the notice;
18 and
19 (c) Directs the payor to withhold the dollar amount
20 required to be withheld periodically under the order for
21 support for payment of the delinquency.
22 (2) The income withholding notice and the obligor's copy
23 of the income withholding notice shall be served as provided
24 in paragraph (7) of subsection (B).
25 (3) The obligor may contest withholding commenced under
26 this subsection by filing a petition to contest withholding
27 with the Clerk of the Circuit Court within 20 days after
28 service of a copy of the income withholding notice on the
29 obligor. However, the grounds for the petition to contest
30 withholding shall be limited to:
31 (a) A dispute concerning the existence or amount of
32 the delinquency; or
33 (b) The identity of the obligor.
34 The Clerk of the Circuit Court shall notify the obligor
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1 and the obligee or public office of the time and place of the
2 hearing on the petition to contest withholding. The court
3 shall hold the hearing pursuant to the provisions of
4 subsection (F).
5 (D) Initiated Withholding.
6 (1) Notwithstanding any other provision of this Section,
7 if the court has not required that income withholding take
8 effect immediately, the obligee or public office may initiate
9 withholding, regardless of whether a delinquency has accrued,
10 by preparing and serving an income withholding notice on the
11 payor that contains the information required under paragraph
12 (3) of subsection (B) and states that the parties' written
13 agreement providing an alternative arrangement to immediate
14 withholding under paragraph (1) of subsection (B) no longer
15 ensures payment of support and the reason or reasons why it
16 does not.
17 (2) The income withholding notice and the obligor's copy
18 of the income withholding notice shall be served as provided
19 in paragraph (7) of subsection (B).
20 (3) The obligor may contest withholding commenced under
21 this subsection by filing a petition to contest withholding
22 with the Clerk of the Circuit Court within 20 days after
23 service of a copy of the income withholding notice on the
24 obligor. However, the grounds for the petition shall be
25 limited to a dispute concerning:
26 (a) whether the parties' written agreement providing
27 an alternative arrangement to immediate withholding under
28 paragraph (1) of subsection (B) continues to ensure
29 payment of support; or
30 (b) the identity of the obligor.
31 It shall not be grounds for filing a petition that the
32 obligor has made all payments due by the date of the
33 petition.
34 (4) If the obligor files a petition contesting
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1 withholding within the 20-day period required under paragraph
2 (3), the Clerk of the Circuit Court shall notify the obligor
3 and the obligee or public office, as appropriate, of the time
4 and place of the hearing on the petition. The court shall
5 hold the hearing pursuant to the provisions of subsection
6 (F). regular or facsimile regular or facsimile
7 (E) Duties of Payor.
8 (1) It shall be the duty of any payor who has been
9 served with an income withholding notice to deduct and pay
10 over income as provided in this subsection. The payor shall
11 deduct the amount designated in the income withholding
12 notice, as supplemented by any notice provided pursuant to
13 paragraph (6) of subsection (G), beginning no later than the
14 next payment of income which is payable or creditable to the
15 obligor that occurs 14 days following the date the income
16 withholding notice was mailed, sent by facsimile or other
17 electronic means, or placed for personal delivery to or
18 service on the payor. The payor may combine all amounts
19 withheld for the benefit of an obligee or public office into
20 a single payment and transmit the payment with a listing of
21 obligors from whom withholding has been effected. The payor
22 shall pay the amount withheld to the obligee or public office
23 within 7 business days after the date the amount would (but
24 for the duty to withhold income) have been paid or credited
25 to the obligor. If the payor knowingly fails to pay any
26 amount withheld to the obligee or public office within 7
27 business days after the date the amount would have been paid
28 or credited to the obligor, the payor shall pay a penalty of
29 $100 for each day that the withheld amount is not paid to the
30 obligee or public office after the period of 7 business days
31 has expired. The failure of a payor, on more than one
32 occasion, to pay amounts withheld to the obligee or public
33 office within 7 business days after the date the amount would
34 have been paid or credited to the obligor creates a
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1 presumption that the payor knowingly failed to pay over the
2 amounts. This penalty may be collected in a civil action
3 which may be brought against the payor in favor of the
4 obligee or public office. A finding of a payor's
5 nonperformance within the time required under this Section
6 must be documented by a certified mail return receipt showing
7 the date the income order for withholding notice was served
8 on the payor. For purposes of this Section, a withheld amount
9 shall be considered paid by a payor on the date it is mailed
10 by the payor, or on the date an electronic funds transfer of
11 the amount has been initiated by the payor, or on the date
12 delivery of the amount has been initiated by the payor. For
13 each deduction, the payor shall provide the obligee or public
14 office, at the time of transmittal, with the date the amount
15 would (but for the duty to withhold income) have been paid or
16 credited to the obligor.
17 Upon receipt of an income withholding notice requiring
18 that a minor child be named as a beneficiary of a health
19 insurance plan available through an employer or labor union
20 or trade union, the employer or labor union or trade union
21 shall immediately enroll the minor child as a beneficiary in
22 the health insurance plan designated by the income
23 withholding notice. The employer shall withhold any required
24 premiums and pay over any amounts so withheld and any
25 additional amounts the employer pays to the insurance carrier
26 in a timely manner. The employer or labor union or trade
27 union shall mail to the obligee, within 15 days of enrollment
28 or upon request, notice of the date of coverage, information
29 on the dependent coverage plan, and all forms necessary to
30 obtain reimbursement for covered health expenses, such as
31 would be made available to a new employee. When an order for
32 dependent coverage is in effect and the insurance coverage is
33 terminated or changed for any reason, the employer or labor
34 union or trade union shall notify the obligee within 10 days
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1 of the termination or change date along with notice of
2 conversion privileges.
3 For withholding of income, the payor shall be entitled to
4 receive a fee not to exceed $5 per month to be taken from the
5 income to be paid to the obligor.
6 (2) Whenever the obligor is no longer receiving income
7 from the payor, the payor shall return a copy of the income
8 withholding notice to the obligee or public office and shall
9 provide information for the purpose of enforcing this
10 Section.
11 (3) Withholding of income under this Section shall be
12 made without regard to any prior or subsequent garnishments,
13 attachments, wage assignments, or any other claims of
14 creditors. Withholding of income under this Section shall
15 not be in excess of the maximum amounts permitted under the
16 federal Consumer Credit Protection Act. If the payor has been
17 served with more than one income withholding notice
18 pertaining to the same obligor, the payor shall allocate
19 income available for withholding on a proportionate share
20 basis, giving priority to current support payments. If there
21 is any income available for withholding after withholding for
22 all current support obligations, the payor shall allocate the
23 income to past due support payments ordered in cases in which
24 cash assistance under this Code is not being provided to the
25 obligee and then to past due support payments ordered in
26 cases in which cash assistance under this Code is being
27 provided to the obligee, both on a proportionate share basis.
28 A payor who complies with an income withholding notice that
29 is regular on its face shall not be subject to civil
30 liability with respect to any individual, any agency, or any
31 creditor of the obligor for conduct in compliance with the
32 notice.
33 (4) No payor shall discharge, discipline, refuse to hire
34 or otherwise penalize any obligor because of the duty to
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1 withhold income.
2 (F) Petitions to Contest Withholding or to Modify, Suspend,
3 Terminate, or Correct Income Withholding Notices.
4 (1) When an obligor files a petition to contest
5 withholding, the court, after due notice to all parties,
6 shall hear the matter as soon as practicable and shall enter
7 an order granting or denying relief, ordering service of an
8 amended income withholding notice, where applicable, or
9 otherwise resolving the matter.
10 The court shall deny the obligor's petition if the court
11 finds that when the income withholding notice was mailed,
12 sent by facsimile transmission or other electronic means, or
13 placed for personal delivery to or service on the payor:
14 (a) A delinquency existed; or
15 (b) The parties' written agreement providing an
16 alternative arrangement to immediate withholding under
17 paragraph (1) of subsection (B) no longer ensured payment
18 of support.
19 (2) At any time, an obligor, obligee, public office or
20 Clerk of the Circuit Court may petition the court to:
21 (a) Modify, suspend or terminate the income
22 withholding notice because of a modification, suspension
23 or termination of the underlying order for support; or
24 (b) Modify the amount of income to be withheld to
25 reflect payment in full or in part of the delinquency or
26 arrearage by income withholding or otherwise; or
27 (c) Suspend the income withholding notice because
28 of inability to deliver income withheld to the obligee
29 due to the obligee's failure to provide a mailing address
30 or other means of delivery.
31 (3) At any time an obligor may petition the court to
32 correct a term contained in an income withholding notice to
33 conform to that stated in the underlying order for support
34 for:
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1 (a) The amount of current support;
2 (b) The amount of the arrearage;
3 (c) The periodic amount for payment of the
4 arrearage; or
5 (d) The periodic amount for payment of the
6 delinquency.
7 (4) The obligor, obligee or public office shall serve on
8 the payor, in the manner provided for service of income
9 withholding notices in paragraph (7) of subsection (B), a
10 copy of any order entered pursuant to this subsection that
11 affects the duties of the payor.
12 (5) At any time, a public office or Clerk of the Circuit
13 Court may serve a notice on the payor to:
14 (a) Cease withholding of income for payment of
15 current support for a child when the support obligation
16 for that child has automatically ceased under the order
17 for support through emancipation or otherwise; or
18 (b) Cease withholding of income for payment of
19 delinquency or arrearage when the delinquency or
20 arrearage has been paid in full.
21 (6) The notice provided for under paragraph (5) of this
22 subsection shall be served on the payor in the manner
23 provided for service of income withholding notices in
24 paragraph (7) of subsection (B), and a copy shall be provided
25 to the obligor and the obligee.
26 (7) The income withholding notice shall continue to be
27 binding upon the payor until service of an amended income
28 withholding notice or any order of the court or notice
29 entered or provided for under this subsection.
30 (G) Additional Duties.
31 (1) An obligee who is receiving income withholding
32 payments under this Section shall notify the payor, if the
33 obligee receives the payments directly from the payor, or the
34 public office or the Clerk of the Circuit Court, as
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1 appropriate, of any change of address within 7 days of such
2 change.
3 (2) An obligee who is a recipient of public aid shall
4 send a copy of any income withholding notice served by the
5 obligee to the Division of Child Support Enforcement of the
6 Illinois Department of Public Aid.
7 (3) Each obligor shall notify the obligee, the public
8 office, and the Clerk of the Circuit Court of any change of
9 address within 7 days.
10 (4) An obligor whose income is being withheld or who has
11 been served with a notice of delinquency pursuant to this
12 Section shall notify the obligee, the public office, and the
13 Clerk of the Circuit Court of any new payor, within 7 days.
14 (5) When the Illinois Department of Public Aid is no
15 longer authorized to receive payments for the obligee, it
16 shall, within 7 days, notify the payor or, where appropriate,
17 the Clerk of the Circuit Court, to redirect income
18 withholding payments to the obligee.
19 (6) The obligee or public office shall provide notice to
20 the payor and Clerk of the Circuit Court of any other support
21 payment made, including but not limited to, a set-off under
22 federal and State law or partial payment of the delinquency
23 or arrearage, or both.
24 (7) Any public office and Clerk of the Circuit Court
25 which collects, disburses or receives payments pursuant to
26 income withholding notices shall maintain complete, accurate,
27 and clear records of all payments and their disbursements.
28 Certified copies of payment records maintained by a public
29 office or Clerk of the Circuit Court shall, without further
30 proof, be admitted into evidence in any legal proceedings
31 under this Section.
32 (8) The Illinois Department of Public Aid shall design
33 suggested legal forms for proceeding under this Section and
34 shall make available to the courts such forms and
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1 informational materials which describe the procedures and
2 remedies set forth herein for distribution to all parties in
3 support actions.
4 (9) At the time of transmitting each support payment,
5 the clerk of the circuit court shall provide the obligee or
6 public office, as appropriate, with any information furnished
7 by the payor as to the date the amount would (but for the
8 duty to withhold income) have been paid or credited to the
9 obligor.
10 (H) Penalties.
11 (1) Where a payor wilfully fails to withhold or pay over
12 income pursuant to a properly served income withholding
13 notice, or wilfully discharges, disciplines, refuses to hire
14 or otherwise penalizes an obligor as prohibited by subsection
15 (E), or otherwise fails to comply with any duties imposed by
16 this Section, the obligee, public office or obligor, as
17 appropriate, may file a complaint with the court against the
18 payor. The clerk of the circuit court shall notify the
19 obligee or public office, as appropriate, and the obligor and
20 payor of the time and place of the hearing on the complaint.
21 The court shall resolve any factual dispute including, but
22 not limited to, a denial that the payor is paying or has paid
23 income to the obligor. Upon a finding in favor of the
24 complaining party, the court:
25 (a) Shall enter judgment and direct the enforcement
26 thereof for the total amount that the payor wilfully
27 failed to withhold or pay over; and
28 (b) May order employment or reinstatement of or
29 restitution to the obligor, or both, where the obligor
30 has been discharged, disciplined, denied employment or
31 otherwise penalized by the payor and may impose a fine
32 upon the payor not to exceed $200.
33 (2) Any obligee, public office or obligor who wilfully
34 initiates a false proceeding under this Section or who
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1 wilfully fails to comply with the requirements of this
2 Section shall be punished as in cases of contempt of court.
3 (I) Alternative Procedures for Service of an Income
4 Withholding Notice.
5 (1) The procedures of this subsection may be used in any
6 matter to serve an income withholding notice on a payor if:
7 (a) For any reason the most recent order for
8 support entered does not contain the income withholding
9 provisions required under subsection (B), irrespective of
10 whether a separate order for withholding was entered
11 prior to July 1, 1997; and
12 (b) The obligor has accrued a delinquency after
13 entry of the most recent order for support.
14 (2) The obligee or public office shall prepare and serve
15 the income withholding notice in accordance with the
16 provisions of subsection (C), except that the notice shall
17 contain a periodic amount for payment of the delinquency
18 equal to 20% of the total of the current support amount and
19 the amount to be paid periodically for payment of any
20 arrearage stated in the most recent order for support.
21 (3) If the obligor requests in writing that income
22 withholding become effective prior to the obligor accruing a
23 delinquency under the most recent order for support, the
24 obligee or public office may prepare and serve an income
25 withholding notice on the payor as provided in subsection
26 (B). In addition to filing proofs of service of the income
27 withholding notice on the payor and the obligor, the obligee
28 or public office shall file a copy of the obligor's written
29 request for income withholding with the Clerk of the Circuit
30 Court.
31 (4) All other provisions of this Section shall be
32 applicable with respect to the provisions of this subsection
33 (I).
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1 (J) Remedies in Addition to Other Laws.
2 (1) The rights, remedies, duties and penalties created
3 by this Section are in addition to and not in substitution
4 for any other rights, remedies, duties and penalties created
5 by any other law.
6 (2) Nothing in this Section shall be construed as
7 invalidating any assignment of wages or benefits executed
8 prior to January 1, 1984 or any order for withholding served
9 prior to July 1, 1997.
10 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
11 90-425, eff. 8-15-97; revised 9-29-97.)
12 (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
13 Sec. 11-8. Appeals - to whom taken. Applicants or
14 recipients of aid may, at any time within 60 days after the
15 decision of the County Department or local governmental unit,
16 as the case may be, appeal a decision denying or terminating
17 aid, or granting aid in an amount which is deemed inadequate,
18 or changing, cancelling, revoking or suspending grants as
19 provided in Section 11-16, or determining to make a
20 protective payment under the provisions of Sections 3-5a or
21 4-9, or a decision by an administrative review board to
22 impose administrative safeguards as provided in Section 8A-8.
23 An appeal shall also lie when an application is not acted
24 upon within the time period after filing of the application
25 as provided by rule of the Illinois Department.
26 If an appeal is not made, the action of the County
27 Department or local governmental unit shall be final.
28 Appeals by applicants or recipients under Articles III,
29 IV, V or VII shall be taken to the Illinois Department.
30 Appeals by applicants or recipients under Article VI
31 shall be taken as follows:
32 (1) In counties under township organization (except
33 such counties in which the governing authority is a Board
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1 of Commissioners) appeals shall be to a Public Aid
2 Committee consisting of the Chairman of the County Board,
3 and 4 members who are township supervisors of general
4 assistance, appointed by the Chairman, with the advice
5 and consent of the county board.
6 (2) In counties in excess of 3,000,000 population
7 and under township organization in which the governing
8 authority is a Board of Commissioners, appeals of persons
9 from government units outside the corporate limits of a
10 city, village or incorporated town of more than 500,000
11 population, and of persons from incorporated towns which
12 have superseded civil townships in respect to aid under
13 Article VI, shall be to the Cook County Townships Public
14 Aid Committee consisting of 2 township supervisors and 3
15 persons knowledgeable in the area of General Assistance
16 and the regulations of the Illinois Department pertaining
17 thereto and who are not officers, agents or employees of
18 any township, except that township supervisors may serve
19 as members of the Cook County Township Public Aid and
20 Committee. The 5 member committee shall be appointed by
21 the township supervisors. The first appointments shall be
22 made with one person serving a one year term, 2 persons
23 serving a 2 year term, and 2 persons serving a 3 year
24 term. Committee members shall thereafter serve 3 year
25 terms. In any appeal involving a local governmental unit
26 whose supervisor of general assistance is a member of the
27 Committee, such supervisor shall not act as a member of
28 the Committee for the purposes of such appeal. The
29 township whose action, inaction, or decision is being
30 appealed shall bear the expenses related to the appeal as
31 determined by the Cook County Townships Public Aid
32 Committee. A township supervisor's compensation for
33 general assistance or township related duties shall not
34 be considered an expense related to the appeal except for
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1 expenses related to service on the Committee.
2 (3) In counties described in paragraph (2) appeals
3 of persons from a city, village or incorporated town of
4 more than 500,000 population shall be to a Commissioner
5 of Appeals, appointed as an employee of the County
6 Department of Public Aid in accordance with and subject
7 to the provisions of Section 12-21.3.
8 (4) In counties not under township organization,
9 appeals shall be to the County Board of Commissioners
10 which shall for this purpose be the Public Aid Committee
11 of the County.
12 In counties designated in paragraph (1) the Chairman or
13 President of the County Board shall appoint, with the advice
14 and consent of the county board, one or more alternate
15 members of the Public Aid Committee. All regular and
16 alternate members shall be Supervisors of General Assistance.
17 In any appeal involving a local governmental unit whose
18 Supervisor of General Assistance is a member of the
19 Committee, he shall be replaced for that appeal by an
20 alternate member designated by the Chairman or President of
21 the County Board, with the advice and consent of the county
22 board. In these counties not more than 3 of the 5 regular
23 appointees shall be members of the same political party
24 unless the political composition of the Supervisors of the
25 General Assistance precludes such a limitation. In these
26 counties at least one member of the Public Aid Committee
27 shall be a person knowledgeable in the area of general
28 assistance and the regulations of the Illinois Department
29 pertaining thereto. If no member of the Committee possesses
30 such knowledge, the Illinois Department shall designate an
31 employee of the Illinois Department having such knowledge to
32 be present at the Committee hearings to advise the Committee.
33 In every county the County Board shall provide facilities
34 for the conduct of hearings on appeals under Article VI. All
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1 expenses incident to such hearings shall be borne by the
2 county except that in counties under township organization in
3 which the governing authority is a Board of Commissioners (1)
4 the salary and other expenses of the Commissioner of Appeals
5 shall be paid from General Assistance funds available for
6 administrative purposes, and (2) all expenses incident to
7 such hearings shall be borne by the township and the per diem
8 and traveling expenses of the township supervisors serving on
9 the Public Aid Committee shall be fixed and paid by their
10 respective townships. In all other counties the members of
11 the Public Aid Committee shall receive the compensation and
12 expenses provided by law for attendance at meetings of the
13 County Board.
14 In appeals under Article VI involving a governmental unit
15 receiving State funds, the Public Aid Committee and the
16 Commissioner of Appeals shall be bound by the rules and
17 regulations of the Illinois Department which are relevant to
18 the issues on appeal, and shall file such reports concerning
19 appeals as the Illinois Department requests.
20 An appeal shall be without cost to the appellant and
21 shall be made, at the option of the appellant, either upon
22 forms provided and prescribed by the Illinois Department or,
23 for appeals to a Public Aid Committee, upon forms prescribed
24 by the County Board; or an appeal may be made by calling a
25 toll-free number provided for that purpose by the Illinois
26 Department and providing the necessary information. The
27 Illinois Department may assist County Boards or a
28 Commissioner of Appeals in the preparation of appeal forms,
29 or upon request of a County Board or Commissioner of Appeals
30 may furnish such forms. County Departments and local
31 governmental units shall render all possible aid to persons
32 desiring to make an appeal. The provisions of Sections
33 11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
34 (Source: P.A. 90-17, eff. 7-1-97; 90-210, eff. 7-25-97;
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1 revised 8-4-97.)
2 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
3 Sec. 12-4.11. Grant amounts. The Department, with due
4 regard for and subject to budgetary limitations, shall
5 establish grant amounts for each of the programs, by
6 regulation. The grant amounts may vary by program, size of
7 assistance unit and geographic area.
8 Aid payments shall not be reduced except: (1) for changes
9 in the cost of items included in the grant amounts, or (2)
10 for changes in the expenses of the recipient, or (3) for
11 changes in the income or resources available to the
12 recipient, or (4) for changes in grants resulting from
13 adoption of a consolidated grant amount, or (5).
14 In fixing standards to govern payments or reimbursements
15 for funeral and burial expenses, the Department shall take
16 into account the services essential to a dignified, low-cost
17 funeral and burial, but no payment shall be authorized from
18 public aid funds for the funeral in excess of $650, exclusive
19 of reasonable amounts as may be necessary for burial space
20 and cemetery charges, and any applicable taxes or other
21 required governmental fees or charges. The Department shall
22 authorize no payment in excess of $325 for a cemetery burial.
23 Nothing contained in this Section or in any other Section
24 of this Code shall be construed to prohibit the Illinois
25 Department (1) from consolidating existing standards on the
26 basis of any standards which are or were in effect on, or
27 subsequent to July 1, 1969, or (2) from employing any
28 consolidated standards in determining need for public aid and
29 the amount of money payment or grant for individual
30 recipients or recipient families.
31 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97,
32 90-326, eff. 8-8-97; 90-372, eff. 7-1-98; revised 10-23-97.)
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1 (305 ILCS 5/12-4.31)
2 Sec. 12-4.31. Paternity establishment and continued
3 eligibility.
4 (a) In this Section, "nonmarital child" means a child
5 born to a woman who was not married to the child's father at
6 the time of the child's birth.
7 (b) The Illinois Department is authorized to conduct a
8 paternity establishment and continued eligibility program as
9 a demonstration program in certain geographic areas as
10 defined by rule. Upon completion of the demonstration, the
11 Illinois Department may expand the program statewide. If the
12 Illinois Department, as part of the demonstration program or
13 statewide program, makes administrative determinations of
14 paternity, it shall do so according to rules adopted under
15 Section 10-17.7.
16 Under the paternity establishment and continued
17 eligibility program, the custodial parent of a nonmarital
18 child otherwise eligible for assistance under Article IV, V,
19 or VI of this Code shall receive assistance for the custodial
20 parent and that child for no longer than 6 full months
21 unless:
22 (1) the paternity of the child is established
23 before the beginning of or within the 6-month period;
24 (2) the parent has fully cooperated with efforts to
25 establish the child's paternity, but, through no fault of
26 the parent, paternity has not been established;
27 (3) the parent begins to receive assistance while a
28 court action to establish the child's paternity is
29 pending, and the parent continues to cooperate with the
30 Illinois Department's efforts to establish paternity;
31 (4) the parent attests under oath to fear of abuse
32 by the putative father of the child and provides
33 documentation to substantiate that fear, or the parent
34 claims good cause for failing to cooperate in the
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1 establishment of paternity due to rape by an unknown
2 assailant, and the person is found to be exempt from
3 cooperating to establish paternity under rules adopted by
4 the Illinois Department;
5 (5) the parent has not yet given birth to the
6 nonmarital child; or
7 (6) the putative father of the child is
8 incarcerated and inaccessible to the process for
9 establishing the child's paternity.
10 (b-5) (b) The 6-month period referred to in subsection
11 (b) (a) shall begin on the date the first full monthly
12 payment of assistance is made, if the parent applied for
13 assistance on or after the effective date of this amendatory
14 Act of 1995. That 6-month period shall begin on the
15 effective date of this amendatory Act of 1995 if the parent
16 was receiving assistance on behalf of the nonmarital child on
17 the effective date of this amendatory Act of 1995.
18 (c) The Illinois Department shall apply for all waivers
19 of federal law and regulations necessary to implement this
20 Section. Implementation of this Section is conditioned upon
21 the Illinois Department's receipt of those waivers.
22 (d) The Illinois Department may implement this Section
23 through the use of emergency rules in accordance with Section
24 5-45 of the Illinois Administrative Procedure Act. For
25 purposes of the Illinois Administrative Procedure Act, the
26 adoption of rules to implement this Section shall be
27 considered an emergency and necessary for the public
28 interest, safety, and welfare.
29 (Source: P.A. 89-6, eff. 3-6-95; revised 12-18-97.)
30 (305 ILCS 5/12-4.101)
31 Sec. 12-4.101. AFDC recipient benefits study.
32 (a) The Illinois Department may conduct a study of the
33 benefits received by families receiving aid under Article IV
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1 of this Code (AFDC). If the study is undertaken, the study
2 shall be of a randomly selected sample of families receiving
3 AFDC. The sample must be large enough to provide reliable
4 information on each of the following 2 groups:
5 (1) All families receiving AFDC.
6 (2) Families that received AFDC during the full 12
7 months of the study period and had no income from any
8 source other than the programs listed in subsection (b).
9 (b) The study shall determine the degree to which
10 families receiving AFDC participated in any of the following
11 other programs over a prior 12-month period:
12 (1) Food stamps.
13 (2) The Special Supplemental Nutrition Program for
14 Women, Infants and Children (WIC) Womens', Infants', and
15 Children's Food Program.
16 (3) The school lunch program.
17 (4) The school breakfast program.
18 (5) Medical assistance under Article V of this Code
19 (Medicaid).
20 (6) Public housing.
21 (7) Section 8 housing subsidy program of the United
22 States Department of Housing and Urban Development.
23 (8) Other housing subsidies.
24 (9) Low income energy assistance.
25 (10) Emergency assistance.
26 (11) Head Start.
27 (12) Child support funds "passed through" to a
28 welfare parent under the AFDC program.
29 (13) Summer Youth Employment under Title IV of the
30 Job Training Partnership Act.
31 (14) Assistance to adults and youth under Title IIA
32 of the Job Training Partnership Act.
33 (15) Earned Income Tax Credit.
34 (16) Supplemental Security Income.
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1 (17) General Assistance.
2 (18) Social Service Block Grant Funds.
3 (19) Any other welfare assistance provided by
4 federal, State, or local government.
5 (c) The study shall determine the degree to which
6 families receiving AFDC participate in the following programs
7 or receive income from the following sources:
8 (1) Earnings.
9 (2) Interest income, dividends, and capital gains.
10 (3) Social Security.
11 (4) Veteran's benefits.
12 (5) Workers' compensation.
13 (6) Unemployment insurance.
14 (7) Medicare.
15 (8) Other sources of income.
16 (d) The Illinois Department shall determine whether each
17 family in the sample population participated in each of the
18 programs listed in subsection (b) and the number of months of
19 participation during the time period of the study. Data
20 concerning participation or nonparticipation in each program
21 listed in subsection (b) and the given number of months of
22 receipt of benefits shall be verified for each family in the
23 sample population by an examination of records of the
24 government office within the State that operates each
25 assistance program.
26 The Department shall also determine, for each family, the
27 amount of income received from sources listed in subsection
28 (c). Data concerning income from sources specified in
29 subsection (c) shall be verified by an examination of State
30 and federal tax records.
31 No penalty or recovery of prior wrongful payments shall
32 be imposed on a family in the sample population because of
33 any inappropriate or unlawful provision to the family of
34 governmental aid which is discovered as a result of the
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1 study.
2 (e) The study shall determine and verify the rental,
3 heating, water, and electric utility payments made by each
4 family in the sample population.
5 (f) The study shall seek to determine the length of time
6 that each family in the sample population has received AFDC
7 benefits, including previous intermittent periods of
8 receiving AFDC benefits before the family's current
9 enrollment in the AFDC program.
10 (g) The study shall determine the cost to the public of
11 benefits provided to families in the sample population. For
12 AFDC and food stamp benefits, the actual dollar value
13 provided to each family in the sample population shall be
14 recorded. For programs other than AFDC and food stamps for
15 which it is not feasible to determine an exact dollar value
16 of benefits to each family in the sample population, an
17 average benefit cost per recipient or per family within the
18 State may be estimated.
19 (h) For the purpose of gathering information, the
20 Illinois Department may augment the survey currently
21 conducted by the United States Department of Health and Human
22 Services for the National Integrated Quality Control System.
23 (Source: P.A. 88-412; revised 7-14-97.)
24 (305 ILCS 5/12-17.4) (from Ch. 23, par. 12-17.4)
25 Sec. 12-17.4. Additional powers and duties. In addition
26 to serving as agent of the Illinois Ilinois Department in
27 administration of the public aid programs designated in
28 Section 12-2, the County Department, in accordance with the
29 rules and regulations of the Illinois Department and under
30 its supervision and direction, shall:
31 1. Serve as the agent of the Illinois Department within
32 the county in the administration of such other forms of
33 public aid and welfare services as the Illinois Department
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1 may designate, and perform such duties in connection with
2 such aid and service programs as the Illinois Department may
3 require.
4 2. Investigate, study, and give service on problems of
5 assistance, corrections, and general welfare within the
6 county.
7 3. Make use of, aid, cooperate co-operate with, and
8 assist federal, State and local governmental agencies and
9 private agencies and organizations engaged in functions
10 affecting the general welfare within the county.
11 4. When requested by a circuit court, or a division
12 thereof, in respect to any case before it, provide such
13 investigative or other services as the court or division and
14 the Illinois Department agree upon.
15 5. Serve as agent of the Illinois Department within the
16 county, when so designated, in carrying out the Illinois
17 Department's powers and duties pertaining to public aid under
18 Articles VI and IX of this Code.
19 6. Maintain such records and file such reports with the
20 Illinois Department as it may require.
21 (Source: P.A. 81-1085; revised 7-7-97.)
22 Section 128. The Housing Authorities Act is amended by
23 changing Sections 25.04 and 25.05 as follows:
24 (310 ILCS 10/25.04) (from Ch. 67 1/2, par. 25.04)
25 Sec. 25.04. Any person who by means of any false
26 statement or willful wilfull misrepresentation, misleads,
27 defrauds, or induces a local housing authority to fix the
28 rent in an amount less than required under the regulations of
29 the local housing authority, or by other fraudulent device or
30 means obtains or attempts to obtain, or aids and abets any
31 person in fraudulently obtaining or attempting to obtain, the
32 fixing of the rent in an amount less than the sum required
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1 under the regulations of the local housing authority, is
2 deemed guilty of a Class A misdemeanor.
3 (Source: P.A. 77-2524; revised 7-7-97.)
4 (310 ILCS 10/25.05) (from Ch. 67 1/2, par. 25.05)
5 Sec. 25.05. Any person who by means of any fraudulent
6 misstatement or willful wilfull misrepresentation made in
7 connection with an application for tenancy or renewal of
8 tenancy in a housing project of a local housing authority
9 misleads, defrauds, or induces the said authority to fix a
10 rental payment for his or her tenancy at a sum less than
11 required under the regulations of the local housing authority
12 shall be answerable to that said authority for payment of a
13 sum equivalent to the difference between the rental charged
14 to the tenant and the rent which the tenant should have been
15 charged in accordance with the regulations of the local
16 housing authority, and in the event such payment is not made
17 it shall be recoverable in a civil action. In any such civil
18 action where fraud is proven, the court may, as a penalty
19 receivable by the said authority, assess an additional sum of
20 money up to but not in excess of the entire amount of the
21 difference in rent charged to the tenant and that which
22 should have been charged but for the willful wilfull
23 misrepresentation and misstatements.
24 (Source: Laws 1959, p. 2199; revised 7-7-97.)
25 Section 129. The Family Support Demonstration Project is
26 amended by changing Section 7 as follows:
27 (325 ILCS 30/7) (from Ch. 23, par. 4107)
28 Sec. 7. Reporting. The Department shall monitor and
29 evaluate the demonstration project and shall submit a status
30 report on its findings to the General Assembly on February 1,
31 1994 and 1995, and a final report on its findings to the
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1 General Assembly on February 1, 1996. Status and final
2 reports shall include, but not be limited to:
3 (a) A descriptive summary of the operation of the family
4 support center, including the services provided and a copy of
5 the service plan developed by the center, the number of
6 recipients receipients of services at the center, the
7 allocation of funds, staffing information, and the role and
8 responsibility of the community family support center board.
9 (b) An assessment of the impact of the center upon the
10 community served.
11 (c) The composition and role of the family support
12 center.
13 (d) Recommendations regarding the continuance of the
14 family support center demonstration project and plans for the
15 implementation of other project sites.
16 (e) Recommendations regarding the process by which
17 family support centers are allocated resources.
18 (f) A projected budget for the expenditures required to
19 continue or to expand the demonstration project.
20 (g) Proposals for legislation necessary to facilitate
21 the continuation or expansion of the demonstration project.
22 (Source: P.A. 87-678; revised 7-7-97.)
23 Section 130. The Child Vision and Hearing Test Act is
24 amended by changing Section 7 as follows:
25 (410 ILCS 205/7) (from Ch. 23, par. 2337)
26 Sec. 7. The Director shall appoint a Children's Hearing
27 Services Advisory Committee and a Children's Vision Services
28 Advisory Committee. The membership of each committee shall
29 not exceed 10 individuals. In making appointments to the
30 Children's Hearing Services Advisory Committee, the Director
31 shall appoint individuals with knowledge of or experience in
32 the problems of hearing handicapped children and shall
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1 appoint at least 2 two licensed physicians who specialize in
2 the field of otolaryngology and are recommended by that
3 organization representing the largest number of physicians
4 licensed to practice medicine in all of its branches in the
5 State of Illinois, and at least 2 two audiologists. In
6 making appointments to the Children's Vision Services
7 Advisory Committee, the Director shall appoint 2 two members
8 (and one alternate) recommended by the Illinois Society for
9 the Prevention of Blindness, 2 two licensed physicians (and
10 one alternate) who specialize in ophthalmology opthalmology
11 and are recommended by that organization representing the
12 largest number of physicians licensed to practice medicine in
13 all of its branches in the State of Illinois, and 2 two
14 licensed optometrists (and one alternate) recommended by that
15 organization representing the largest number of licensed
16 optometrists in the State of Illinois, as members of the
17 Children's Vision Services Advisory Committee.
18 The Children's Hearing Services Advisory Committee shall
19 advise the Department in the implementation and
20 administration of the hearing services program and in the
21 development of rules and regulations pertaining to that
22 program. The Children's Vision Services Advisory Committee
23 shall advise the Department in the development of rules and
24 regulations pertaining to that program. Each committee shall
25 select a chairman from its membership and shall meet at least
26 once in each calendar year.
27 The members of the Advisory Committees shall receive no
28 compensation for their services;, however, the
29 nongovernmental members shall be reimbursed for actual
30 expenses incurred in the performance of their duties in
31 accordance with the State of Illinois travel regulations.
32 (Source: P.A. 81-174; revised 7-7-97.)
33 Section 131. The Infant Eye Disease Act is amended by
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1 changing Section 5 as follows:
2 (410 ILCS 215/5) (from Ch. 111 1/2, par. 4705)
3 Sec. 5. The Department of Public Health shall:
4 (1) enforce the provisions of this Act;
5 (2) provide for the gratuitous distribution of a
6 scientific prophylactic for ophthalmia opthalmia neonatorum,
7 together with proper directions for the use and
8 administration thereof, to all physicians and midwives
9 authorized by law to attend at the birth of any child;
10 (3) have printed and published for distribution
11 throughout the State advice and information concerning the
12 dangers of ophthalmia neonatorum and the necessity for the
13 prompt and effective treatment thereof;
14 (4) furnish similar advice and information, together
15 with copies of this law, to all physicians, midwives, and
16 others authorized by law to attend at the birth of any child;
17 (5) prepare appropriate report blanks and furnish them
18 to all local health officers for distribution to physicians
19 and midwives free of charge;
20 (6) report any and all violations of this Act to the
21 prosecuting attorney of the district wherein the violation is
22 committed.
23 (Source: Laws 1943, vol. 1, p. 909; revised 7-7-97.)
24 Section 132. The Illinois Food, Drug and Cosmetic Act is
25 amended by changing Section 20 as follows:
26 (410 ILCS 620/20) (from Ch. 56 1/2, par. 520)
27 Sec. 20. False or misleading advertisement.
28 (a) An advertisement of a food, drug, device or cosmetic
29 shall be deemed to be false if it is false or misleading in
30 any particular.
31 (b) For the purpose of this Act the advertisement of a
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1 drug or device representing it to have any effect in
2 albuminuria, appendicitis, arteriosclerosis, blood poison,
3 bone disease, Bright's disease, cancer, carbuncles,
4 cholecystitis, diabetes, diphtheria, dropsy, erysipelas,
5 gallstones, heart and vascular diseases, high blood pressure,
6 mastoiditis, measles, meningitis, mumps, nephritis, otitis
7 media, paralysis, pneumonia, poliomyelitis, (infantile
8 paralysis), prostate gland disorders, pyelitis, scarlet
9 fever, sexual impotence, sinus infection, smallpox,
10 tuberculosis, tumors, typhoid, uremia and sexually
11 transmitted disease shall also be deemed to be false, except
12 that no advertisement not in violation of subsection (a)
13 shall be deemed to be false under this subsection if it is
14 disseminated only to members of the medical, dental or
15 veterinary professions or appears only in the scientific
16 periodicals of these professions or is disseminated only for
17 the purpose of public-health education by persons not
18 commercially interested directly or indirectly in the sale of
19 such drugs or devices. However, whenever the Director
20 determines that an advance in medical science has made any
21 type of self-medication safe as to any of the diseases named
22 above, the Director shall by regulation authorize the
23 advertisement of drugs having curative or therapeutic effect
24 for such disease, subject to such conditions and restrictions
25 as the Director may deem necessary in the interests of public
26 health. However, this subsection shall not be construed as
27 indicating that self-medication for diseases other than those
28 named herein is safe or efficacious.
29 (Source: P.A. 89-187, eff. 7-19-95; revised 8-5-97.)
30 Section 133. The Environmental Protection Act is amended
31 by changing Sections 21, 21.3, 22.2b, 22.44, 39, 39.2, 39.3,
32 and 44 as follows:
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1 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
2 Sec. 21. No person shall:
3 (a) Cause or allow the open dumping of any waste.
4 (b) Abandon, dump, or deposit any waste upon the public
5 highways or other public property, except in a sanitary
6 landfill approved by the Agency pursuant to regulations
7 adopted by the Board.
8 (c) Abandon any vehicle in violation of the "Abandoned
9 Vehicles Amendment to the Illinois Vehicle Code", as enacted
10 by the 76th General Assembly.
11 (d) Conduct any waste-storage, waste-treatment, or
12 waste-disposal operation:
13 (1) without a permit granted by the Agency or in
14 violation of any conditions imposed by such permit,
15 including periodic reports and full access to adequate
16 records and the inspection of facilities, as may be
17 necessary to assure compliance with this Act and with
18 regulations and standards adopted thereunder; provided,
19 however, that, except for municipal solid waste landfill
20 units that receive waste on or after October 9, 1993, no
21 permit shall be required for (i) any person conducting a
22 waste-storage, waste-treatment, or waste-disposal
23 operation for wastes generated by such person's own
24 activities which are stored, treated, or disposed within
25 the site where such wastes are generated, or (ii) a
26 facility located in a county with a population over
27 700,000, operated and located in accordance with Section
28 22.38 of this Act, and used exclusively for the transfer,
29 storage, or treatment of general construction or
30 demolition debris;
31 (2) in violation of any regulations or standards
32 adopted by the Board under this Act; or
33 (3) which receives waste after August 31, 1988,
34 does not have a permit issued by the Agency, and is (i) a
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1 landfill used exclusively for the disposal of waste
2 generated at the site, (ii) a surface impoundment
3 receiving special waste not listed in an NPDES permit,
4 (iii) a waste pile in which the total volume of waste is
5 greater than 100 cubic yards or the waste is stored for
6 over one year, or (iv) a land treatment facility
7 receiving special waste generated at the site; without
8 giving notice of the operation to the Agency by January
9 1, 1989, or 30 days after the date on which the operation
10 commences, whichever is later, and every 3 years
11 thereafter. The form for such notification shall be
12 specified by the Agency, and shall be limited to
13 information regarding: the name and address of the
14 location of the operation; the type of operation; the
15 types and amounts of waste stored, treated or disposed of
16 on an annual basis; the remaining capacity of the
17 operation; and the remaining expected life of the
18 operation.
19 Item (3) of this subsection (d) shall not apply to any
20 person engaged in agricultural activity who is disposing of a
21 substance that constitutes solid waste, if the substance was
22 acquired for use by that person on his own property, and the
23 substance is disposed of on his own property in accordance
24 with regulations or standards adopted by the Board.
25 This subsection (d) shall not apply to hazardous waste.
26 (e) Dispose, treat, store or abandon any waste, or
27 transport any waste into this State for disposal, treatment,
28 storage or abandonment, except at a site or facility which
29 meets the requirements of this Act and of regulations and
30 standards thereunder.
31 (f) Conduct any hazardous waste-storage, hazardous
32 waste-treatment or hazardous waste-disposal operation:
33 (1) without a RCRA permit for the site issued by
34 the Agency under subsection (d) of Section 39 of this
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1 Act, or in violation of any condition imposed by such
2 permit, including periodic reports and full access to
3 adequate records and the inspection of facilities, as may
4 be necessary to assure compliance with this Act and with
5 regulations and standards adopted thereunder; or
6 (2) in violation of any regulations or standards
7 adopted by the Board under this Act; or
8 (3) in violation of any RCRA permit filing
9 requirement established under standards adopted by the
10 Board under this Act; or
11 (4) in violation of any order adopted by the Board
12 under this Act.
13 Notwithstanding the above, no RCRA permit shall be
14 required under this subsection or subsection (d) of Section
15 39 of this Act for any person engaged in agricultural
16 activity who is disposing of a substance which has been
17 identified as a hazardous waste, and which has been
18 designated by Board regulations as being subject to this
19 exception, if the substance was acquired for use by that
20 person on his own property and the substance is disposed of
21 on his own property in accordance with regulations or
22 standards adopted by the Board.
23 (g) Conduct any hazardous waste-transportation
24 operation:
25 (1) without registering with and obtaining a permit
26 from the Agency in accordance with the Uniform Program
27 implemented under subsection (l-5) of Section 22.2; or
28 (2) in violation of any regulations or standards
29 adopted by the Board under this Act.
30 (h) Conduct any hazardous waste-recycling or hazardous
31 waste-reclamation or hazardous waste-reuse operation in
32 violation of any regulations, standards or permit
33 requirements adopted by the Board under this Act.
34 (i) Conduct any process or engage in any act which
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1 produces hazardous waste in violation of any regulations or
2 standards adopted by the Board under subsections (a) and (c)
3 of Section 22.4 of this Act.
4 (j) Conduct any special waste transportation operation
5 in violation of any regulations, standards or permit
6 requirements adopted by the Board under this Act. However,
7 sludge from a water or sewage treatment plant owned and
8 operated by a unit of local government which (1) is subject
9 to a sludge management plan approved by the Agency or a
10 permit granted by the Agency, and (2) has been tested and
11 determined not to be a hazardous waste as required by
12 applicable State and federal laws and regulations, may be
13 transported in this State without a special waste hauling
14 permit, and the preparation and carrying of a manifest shall
15 not be required for such sludge under the rules of the
16 Pollution Control Board. The unit of local government which
17 operates the treatment plant producing such sludge shall file
18 a semiannual report with the Agency identifying the volume of
19 such sludge transported during the reporting period, the
20 hauler of the sludge, and the disposal sites to which it was
21 transported. This subsection (j) shall not apply to hazardous
22 waste.
23 (k) Fail or refuse to pay any fee imposed under this
24 Act.
25 (l) Locate a hazardous waste disposal site above an
26 active or inactive shaft or tunneled mine or within 2 miles
27 of an active fault in the earth's crust. In counties of
28 population less than 225,000 no hazardous waste disposal site
29 shall be located (1) within 1 1/2 miles of the corporate
30 limits as defined on June 30, 1978, of any municipality
31 without the approval of the governing body of the
32 municipality in an official action; or (2) within 1000 feet
33 of an existing private well or the existing source of a
34 public water supply measured from the boundary of the actual
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1 active permitted site and excluding existing private wells on
2 the property of the permit applicant. The provisions of this
3 subsection do not apply to publicly-owned sewage works or the
4 disposal or utilization of sludge from publicly-owned sewage
5 works.
6 (m) Transfer interest in any land which has been used as
7 a hazardous waste disposal site without written notification
8 to the Agency of the transfer and to the transferee of the
9 conditions imposed by the Agency upon its use under
10 subsection (g) of Section 39.
11 (n) Use any land which has been used as a hazardous
12 waste disposal site except in compliance with conditions
13 imposed by the Agency under subsection (g) of Section 39.
14 (o) Conduct a sanitary landfill operation which is
15 required to have a permit under subsection (d) of this
16 Section, in a manner which results in any of the following
17 conditions:
18 (1) refuse in standing or flowing waters;
19 (2) leachate flows entering waters of the State;
20 (3) leachate flows exiting the landfill confines
21 (as determined by the boundaries established for the
22 landfill by a permit issued by the Agency);
23 (4) open burning of refuse in violation of Section
24 9 of this Act;
25 (5) uncovered refuse remaining from any previous
26 operating day or at the conclusion of any operating day,
27 unless authorized by permit;
28 (6) failure to provide final cover within time
29 limits established by Board regulations;
30 (7) acceptance of wastes without necessary permits;
31 (8) scavenging as defined by Board regulations;
32 (9) deposition of refuse in any unpermitted portion
33 of the landfill;
34 (10) acceptance of a special waste without a
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1 required manifest;
2 (11) failure to submit reports required by permits
3 or Board regulations;
4 (12) failure to collect and contain litter from the
5 site by the end of each operating day;
6 (13) failure to submit any cost estimate for the
7 site or any performance bond or other security for the
8 site as required by this Act or Board rules.
9 The prohibitions specified in this subsection (o) shall
10 be enforceable by the Agency either by administrative
11 citation under Section 31.1 of this Act or as otherwise
12 provided by this Act. The specific prohibitions in this
13 subsection do not limit the power of the Board to establish
14 regulations or standards applicable to sanitary landfills.
15 (p) In violation of subdivision (a) of this Section,
16 cause or allow the open dumping of any waste in a manner
17 which results in any of the following occurrences at the dump
18 site:
19 (1) litter;
20 (2) scavenging;
21 (3) open burning;
22 (4) deposition of waste in standing or flowing
23 waters;
24 (5) proliferation of disease vectors;
25 (6) standing or flowing liquid discharge from the
26 dump site.
27 The prohibitions specified in this subsection (p) shall
28 be enforceable by the Agency either by administrative
29 citation under Section 31.1 of this Act or as otherwise
30 provided by this Act. The specific prohibitions in this
31 subsection do not limit the power of the Board to establish
32 regulations or standards applicable to open dumping.
33 (q) Conduct a landscape waste composting operation
34 without an Agency permit, provided, however, that no permit
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1 shall be required for any person:
2 (1) conducting a landscape waste composting
3 operation for landscape wastes generated by such person's
4 own activities which are stored, treated or disposed of
5 within the site where such wastes are generated; or
6 (2) applying landscape waste or composted landscape
7 waste at agronomic rates; or
8 (3) operating a landscape waste composting facility
9 on a farm, if the facility meets all of the following
10 criteria:
11 (A) the composting facility is operated by the
12 farmer on property on which the composting material
13 is utilized, and the composting facility constitutes
14 no more than 2% of the property's total acreage,
15 except that the Agency may allow a higher percentage
16 for individual sites where the owner or operator has
17 demonstrated to the Agency that the site's soil
18 characteristics or crop needs require a higher rate;
19 (B) the property on which the composting
20 facility is located, and any associated property on
21 which the compost is used, is principally and
22 diligently devoted to the production of agricultural
23 crops and is not owned, leased or otherwise
24 controlled by any waste hauler or generator of
25 nonagricultural compost materials, and the operator
26 of the composting facility is not an employee,
27 partner, shareholder, or in any way connected with
28 or controlled by any such waste hauler or generator;
29 (C) all compost generated by the composting
30 facility is applied at agronomic rates and used as
31 mulch, fertilizer or soil conditioner on land
32 actually farmed by the person operating the
33 composting facility, and the finished compost is not
34 stored at the composting site for a period longer
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1 than 18 months prior to its application as mulch,
2 fertilizer, or soil conditioner;
3 (D) the owner or operator, by January 1, 1990
4 (or the January 1 following commencement of
5 operation, whichever is later) and January 1 of each
6 year thereafter, (i) registers the site with the
7 Agency, (ii) reports to the Agency on the volume of
8 composting material received and used at the site,
9 (iii) certifies to the Agency that the site complies
10 with the requirements set forth in subparagraphs
11 (A), (B) and (C) of this paragraph (q)(3), and (iv)
12 certifies to the Agency that all composting material
13 was placed more than 200 feet from the nearest
14 potable water supply well, was placed outside the
15 boundary of the 10-year floodplain or on a part of
16 the site that is floodproofed, was placed at least
17 1/4 mile from the nearest residence (other than a
18 residence located on the same property as the
19 facility) and there are not more than 10 occupied
20 non-farm residences within 1/2 mile of the
21 boundaries of the site on the date of application,
22 and was placed more than 5 feet above the water
23 table.
24 For the purposes of this subsection (q), "agronomic
25 rates" means the application of not more than 20 tons per
26 acre per year, except that the Agency may allow a higher rate
27 for individual sites where the owner or operator has
28 demonstrated to the Agency that the site's soil
29 characteristics or crop needs require a higher rate.
30 (r) Cause or allow the storage or disposal of coal
31 combustion waste unless:
32 (1) such waste is stored or disposed of at a site
33 or facility for which a permit has been obtained or is
34 not otherwise required under subsection (d) of this
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1 Section; or
2 (2) such waste is stored or disposed of as a part
3 of the design and reclamation of a site or facility which
4 is an abandoned mine site in accordance with the
5 Abandoned Mined Lands and Water Reclamation Act; or
6 (3) such waste is stored or disposed of at a site
7 or facility which is operating under NPDES and Subtitle D
8 permits issued by the Agency pursuant to regulations
9 adopted by the Board for mine-related water pollution and
10 permits issued pursuant to the Federal Surface Mining
11 Control and Reclamation Act of 1977 (P.L. 95-87) or the
12 rules and regulations thereunder or any law or rule or
13 regulation adopted by the State of Illinois pursuant
14 thereto, and the owner or operator of the facility agrees
15 to accept the waste; and either
16 (i) such waste is stored or disposed of in
17 accordance with requirements applicable to refuse
18 disposal under regulations adopted by the Board for
19 mine-related water pollution and pursuant to NPDES
20 and Subtitle D permits issued by the Agency under
21 such regulations; or
22 (ii) the owner or operator of the facility
23 demonstrates all of the following to the Agency, and
24 the facility is operated in accordance with the
25 demonstration as approved by the Agency: (1) the
26 disposal area will be covered in a manner that will
27 support continuous vegetation, (2) the facility will
28 be adequately protected from wind and water erosion,
29 (3) the pH will be maintained so as to prevent
30 excessive leaching of metal ions, and (4) adequate
31 containment or other measures will be provided to
32 protect surface water and groundwater from
33 contamination at levels prohibited by this Act, the
34 Illinois Groundwater Protection Act, or regulations
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1 adopted pursuant thereto.
2 Notwithstanding any other provision of this Title, the
3 disposal of coal combustion waste pursuant to item (2) or (3)
4 of this subdivision (r) shall be exempt from the other
5 provisions of this Title V, and notwithstanding the
6 provisions of Title X of this Act, the Agency is authorized
7 to grant experimental permits which include provision for the
8 disposal of wastes from the combustion of coal and other
9 materials pursuant to items (2) and (3) of this subdivision
10 (r).
11 (s) After April 1, 1989, offer for transportation,
12 transport, deliver, receive or accept special waste for which
13 a manifest is required, unless the manifest indicates that
14 the fee required under Section 22.8 of this Act has been
15 paid.
16 (t) Cause or allow a lateral expansion of a municipal
17 solid waste landfill unit on or after October 9, 1993,
18 without a permit modification, granted by the Agency, that
19 authorizes the lateral expansion.
20 (u) Conduct any vegetable by-product treatment, storage,
21 disposal or transportation operation in violation of any
22 regulation, standards or permit requirements adopted by the
23 Board under this Act. However, no permit shall be required
24 under this Title V for the land application of vegetable
25 by-products conducted pursuant to Agency permit issued under
26 Title III of this Act to the generator of the vegetable
27 by-products. In addition, vegetable by-products may be
28 transported in this State without a special waste hauling
29 permit, and without the preparation and carrying of a
30 manifest.
31 (v) Conduct any operation for the receipt, transfer,
32 recycling, or other management of construction or demolition
33 debris, clean or otherwise, without maintenance of load
34 tickets and other manifests reflecting receipt of the debris
-915- LRB9000999EGfgam01
1 from the hauler and generator of the debris. The load ticket
2 and manifest shall identify the hauler, generator, place of
3 origin of the debris, the weight and volume of the debris,
4 the time and date of the receipt of the debris, and the
5 disposition of the debris by the operator of the receiving
6 facility. This subsection (v) shall not apply to a public
7 utility as that term is defined in the Public Utilities Act,
8 but it shall apply to an entity that contracts with a public
9 utility.
10 (w) Conduct any generation, transportation, transfer, or
11 disposal of construction or demolition debris, clean or
12 otherwise, without the maintenance of load tickets and
13 manifests reflecting the transfer, disposal, or other
14 disposition of the debris. The load ticket and manifest
15 shall identify the hauler, generator, place of origin of the
16 debris, the weight and volume of the debris, the time and
17 date of the disposition of the debris, and the location,
18 owner, and operator of the facility to which the debris was
19 transferred or disposed. This subsection (w) shall not apply
20 to a public utility as that term is defined in the Public
21 Utilities Act, but it shall apply to an entity that contracts
22 with a public utility.
23 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
24 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
25 8-17-97; revised 10-15-97.)
26 (415 ILCS 5/21.3) (from Ch. 111 1/2, par. 1021.3)
27 Sec. 21.3. (a) All costs and damages for which a person
28 is liable to the State of Illinois under Section 22.2 and
29 Section 22.18 shall constitute an environmental reclamation
30 lien in favor of the State of Illinois upon all real property
31 and rights to such property which:
32 (1) belong to such person; and
33 (2) are subject to or affected by a removal or
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1 remedial action under Section 22.2 or preventive action,
2 corrective action or enforcement action under Section
3 22.18.
4 (b) An environmental reclamation lien shall continue
5 until the liability for the costs and damages, or a judgment
6 against the person arising out of such liability, is
7 satisfied.
8 (c) An environmental reclamation lien shall be effective
9 upon the filing by the Agency of a Notice of Environmental
10 Reclamation Lien with the recorder or the registrar of titles
11 of the county in which the real property lies. The Agency
12 shall not file an environmental reclamation lien, and no such
13 lien shall be valid, unless the Agency has sent notice
14 pursuant to subsection subsections (q) or (v) of Section 4 of
15 this Act to owners of the real property. Nothing in this
16 Section shall be construed to give the Agency's lien a
17 preference over the rights of any bona fide purchaser or
18 mortgagee or other lienholder leinholder (not including the
19 United States when holding an unfiled lien) arising prior to
20 the filing of a notice of environmental reclamation lien in
21 the office of the recorder or registrar of titles of the
22 county in which the property subject to the lien is located.
23 For purposes of this Section, the term "bona fide" shall not
24 include any mortgage of real or personal property or any
25 other credit transaction that results in the mortgagee or the
26 holder of the security acting as trustee for unsecured
27 creditors of the liable person mentioned in the notice of
28 lien who executed such chattel or real property mortgage or
29 the document evidencing such credit transaction. Such lien
30 shall be inferior to the lien of general taxes, special
31 assessments and special taxes heretofore or hereafter levied
32 by any political subdivision of this State.
33 (d) The environmental reclamation lien shall not exceed
34 the amount of expenditures as itemized on the Affidavit of
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1 Expenditures attached to and filed with the Notice of
2 Environmental Reclamation Lien. The Affidavit of
3 Expenditures may be amended if additional costs or damages
4 are incurred.
5 (e) Upon filing of the Notice of Environmental
6 Reclamation Lien a copy with attachments shall be served upon
7 the owners of the real property. Notice of such service
8 shall be served on all lienholders lien holders of record as
9 of the date of filing.
10 (f) Within 120 days after the effective date of this
11 Section or within 60 days after initiating response or
12 remedial action at the site under Section 22.2 or 22.18, the
13 Agency shall file a Notice of Response Action in Progress.
14 The Notice shall be filed with the recorder or registrar of
15 titles of the county in which the real property lies.
16 (g) In addition to any other remedy provided by the laws
17 of this State, the Agency may foreclose in the circuit court
18 an environmental reclamation lien on real property for any
19 costs or damages imposed under Section 22.2 or Section 22.18
20 to the same extent and in the same manner as in the
21 enforcement of other liens. The process, practice and
22 procedure for such foreclosure shall be the same as provided
23 in Article XV of the Code of Civil Procedure Practice Law, as
24 amended. Nothing in this Section shall affect the right of
25 the State of Illinois to bring an action against any person
26 to recover all costs and damages for which such person is
27 liable under Section 22.2 or Section 22.18.
28 (h) Any liability to the State under Section 22.2 or
29 Section 22.18 shall constitute a debt to the State. Interest
30 on such debt shall begin to accrue at a rate of 12% per annum
31 from the date of the filing of the Notice of Environmental
32 Reclamation Lien under paragraph (c). Accrued interest shall
33 be included as a cost incurred by the State of Illinois under
34 Section 22.2 or Section 22.18.
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1 (i) "Environmental reclamation lien" means a lien
2 established under this Section.
3 (Source: P.A. 86-745; 86-820; 86-1028; revised 7-7-97.)
4 (415 ILCS 5/22.2b)
5 Sec. 22.2b. Limit of liability for prospective purchasers
6 of real property.
7 (a) The State of Illinois may grant a release of
8 liability that provides that a person is not potentially
9 liable under subsection (f) of Section Sec. 22.2 of this Act
10 as a result of a release or a threatened release of a
11 hazardous substance or pesticide if:
12 (1) the person performs the response actions to
13 remove or remedy all releases or threatened releases of a
14 hazardous substance or pesticide at an identified area or
15 at identified areas of the property in accordance with a
16 response action plan approved by the Agency under this
17 Section;
18 (2) the person did not cause, allow, or contribute
19 to the release or threatened release of a hazardous
20 substance or pesticide through any act or omission;
21 (3) the person requests, in writing, that the
22 Agency provide review and evaluation services under
23 subsection (m) of Section 22.2 of this Act and the Agency
24 agrees to provide the review and evaluation services; and
25 (4) the person is not otherwise liable under
26 subsection (f) of Section 22.2 under, and complies with,
27 regulations adopted by the Agency under subsection (e).
28 (b) The Agency may approve a response action plan under
29 this Section, including but not limited to a response action
30 plan that does not require the removal or remedy of all
31 releases or threatened releases of hazardous substances or
32 pesticides, if the person described under subsection (a)
33 proves:
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1 (1) the response action will prevent or mitigate
2 immediate and significant risk of harm to human life and
3 health and the environment;
4 (2) activities at the property will not cause,
5 allow, contribute to, or aggravate the release or
6 threatened release of a hazardous substance or pesticide;
7 (3) due consideration has been given to the effect
8 that activities at the property will have on the health
9 of those persons likely to be present at the property;
10 (4) irrevocable access to the property is given to
11 the State of Illinois and its authorized representatives;
12 (5) the person is financially capable of performing
13 the proposed response action; and
14 (6) the person complies with regulations adopted by
15 the Agency under subsection (e).
16 (c) The limit of liability granted by the State of
17 Illinois under this Section does not apply to any person:
18 (1) Who is potentially liable under subsection (f)
19 of Section 22.2 of this Act for any costs of removal or
20 remedial action incurred by the State of Illinois or any
21 unit of local government as a result of the release or
22 substantial threat of a release of a hazardous substance
23 or pesticide that was the subject of the response action
24 plan approved by the Agency under this Section.
25 (2) Who agrees to perform the response action
26 contained in a response action plan approved by the
27 Agency under this Section and fails to perform in
28 accordance with the approved response action plan.
29 (3) Whose willful wilfull and wanton conduct
30 contributes to a release or threatened release of a
31 hazardous substance or pesticide.
32 (4) Whose negligent conduct contributes to a
33 release or threatened release of a hazardous substance or
34 pesticide.
-920- LRB9000999EGfgam01
1 (5) Who is seeking a construction or development
2 permit for a new municipal waste incinerator or other new
3 waste-to-energy facility.
4 (d) If a release or threatened release released of a
5 hazardous substance or pesticide occurs within the area
6 identified in the response action plan approved by the Agency
7 under this Section and such release or threatened release is
8 not specifically identified in the response action plan, for
9 any person to whom this Section applies, the numeric cleanup
10 level established by the Agency in the response action plan
11 shall also apply to the release or threatened release not
12 specifically identified in the response action plan if the
13 response action plan has a numeric cleanup level for the
14 hazardous substance or pesticide released or threatened to be
15 released. Nothing in this subsection (d) shall limit the
16 authority of the Agency to require, for any person to whom
17 this Section does not apply, a numeric cleanup level that
18 differs from the numeric cleanup level established in the
19 response action plan approved by the Agency under this
20 Section.
21 (e) The Agency may adopt regulations relating to this
22 Section. The regulations may include, but are not limited to,
23 both all of the following:
24 (1) Requirements and procedures for a response
25 action plan.
26 (2) Additional requirements that a person must meet
27 in order not to be liable under subsection (f) of Section
28 22.2.
29 (Source: P.A. 88-462; 89-101, eff. 7-7-95; revised 12-23-97.)
30 (415 ILCS 5/22.44)
31 Sec. 22.44. Subtitle D management fees.
32 (a) There is created within the State treasury a special
33 fund to be known as the "Subtitle D Management Fund"
-921- LRB9000999EGfgam01
1 constituted from the fees collected by the State under this
2 Section.
3 (b) On and after January 1, 1994, the Agency shall
4 assess and collect a fee in the amount set forth in this
5 subsection from the owner or operator of each sanitary
6 landfill permitted or required to be permitted by the Agency
7 to dispose of solid waste if the sanitary landfill is located
8 off the site where the waste was produced and if the sanitary
9 landfill is owned, controlled, and operated by a person other
10 than the generator of the waste. The Agency shall deposit
11 all fees collected under this subsection into the Subtitle D
12 Management Fund. If a site is contiguous to one or more
13 landfills owned or operated by the same person, the volumes
14 permanently disposed of by each landfill shall be combined
15 for purposes of determining the fee under this subsection.
16 (1) If more than 150,000 cubic yards of
17 non-hazardous solid waste is permanently disposed of at a
18 site in a calendar year, the owner or operator shall
19 either pay a fee of 5.5 cents per cubic yard or,
20 alternatively, the owner or operator may weigh the
21 quantity of the solid waste permanently disposed of with
22 a device for which certification has been obtained under
23 the Weights and Measures Act and pay a fee of 12 cents
24 per ton of waste permanently disposed of.
25 (2) If more than 100,000 cubic yards, but not more
26 than 150,000 cubic yards, of non-hazardous waste is
27 permanently disposed of at a site in a calendar year, the
28 owner or operator shall pay a fee of $3,825.
29 (3) If more than 50,000 cubic yards, but not more
30 than 100,000 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 $1,700.
33 (4) If more than 10,000 cubic yards, but not more
34 than 50,000 cubic yards, of non-hazardous solid waste is
-922- LRB9000999EGfgam01
1 permanently disposed of at a site in a calendar year, the
2 owner or operator shall pay a fee of $530.
3 (5) If not more than 10,000 cubic yards of
4 non-hazardous solid waste is permanently disposed of at a
5 site in a calendar year, the owner or operator shall pay
6 a fee of $110.
7 (c) The fee under subsection (b) shall not apply to any
8 of the following:
9 (1) Hazardous waste.
10 (2) Pollution control waste.
11 (3) Waste from recycling, reclamation, or reuse
12 processes that have been approved by the Agency as being
13 designed to remove any contaminant from wastes so as to
14 render the wastes reusable, provided that the process
15 renders at least 50% of the waste reusable.
16 (4) Non-hazardous solid waste that is received at a
17 sanitary landfill and composted or recycled through a
18 process permitted by the Agency.
19 (5) Any landfill that is permitted by the Agency to
20 receive only demolition or construction debris or
21 landscape waste.
22 (d) The Agency shall establish rules relating to the
23 collection of the fees authorized by this Section. These
24 rules shall include, but not be limited to the following:
25 (1) Necessary records identifying the quantities of
26 solid waste received or disposed.
27 (2) The form and submission of reports to accompany
28 the payment of fees to the Agency.
29 (3) The time and manner of payment of fees to the
30 Agency, which payments shall not be more often than
31 quarterly.
32 (4) Procedures setting forth criteria establishing
33 when an owner or operator may measure by weight or volume
34 during any given quarter or other fee payment period.
-923- LRB9000999EGfgam01
1 (e) Fees collected under this Section shall be in
2 addition to any other fees collected under any other Section.
3 (f) The Agency shall not refund any fee paid to it under
4 this Section.
5 (g) Pursuant to appropriation, all moneys in the
6 Subtitle D Management Fund shall be used by the Agency to
7 administer the United States Environmental Protection
8 Agency's Subtitle D Program provided in Sections 4004 and
9 4010 of the Resource Conservation and Recovery Act of 1976
10 (P.L. 94-580 94-850) as it relates to a municipal solid waste
11 landfill program in Illinois and to fund a delegation of
12 inspecting, investigating, and enforcement functions, within
13 the municipality only, pursuant to subsection (r) of Section
14 4 of this Act to a municipality having a population of more
15 than 1,000,000 inhabitants. The Agency shall execute a
16 delegation agreement pursuant to subsection (r) of Section 4
17 of this Act with a municipality having a population of more
18 than 1,000,000 inhabitants within 90 days of the effective
19 date of this amendatory Act of 1993 and shall on an annual
20 basis distribute from the Subtitle D Management Fund to that
21 municipality no less than $150,000.
22 (Source: P.A. 88-496; revised 12-18-97.)
23 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
24 Sec. 39. Issuance of permits; procedures.
25 (a) When the Board has by regulation required a permit
26 for the construction, installation, or operation of any type
27 of facility, equipment, vehicle, vessel, or aircraft, the
28 applicant shall apply to the Agency for such permit and it
29 shall be the duty of the Agency to issue such a permit upon
30 proof by the applicant that the facility, equipment, vehicle,
31 vessel, or aircraft will not cause a violation of this Act or
32 of regulations hereunder. The Agency shall adopt such
33 procedures as are necessary to carry out its duties under
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1 this Section. In granting permits the Agency may impose such
2 conditions as may be necessary to accomplish the purposes of
3 this Act, and as are not inconsistent with the regulations
4 promulgated by the Board hereunder. Except as otherwise
5 provided in this Act, a bond or other security shall not be
6 required as a condition for the issuance of a permit. If the
7 Agency denies any permit under this Section, the Agency shall
8 transmit to the applicant within the time limitations of this
9 Section specific, detailed statements as to the reasons the
10 permit application was denied. Such statements shall
11 include, but not be limited to the following:
12 (i) the Sections of this Act which may be violated
13 if the permit were granted;
14 (ii) the provision of the regulations, promulgated
15 under this Act, which may be violated if the permit were
16 granted;
17 (iii) the specific type of information, if any,
18 which the Agency deems the applicant did not provide the
19 Agency; and
20 (iv) a statement of specific reasons why the Act
21 and the regulations might not be met if the permit were
22 granted.
23 If there is no final action by the Agency within 90 days
24 after the filing of the application for permit, the applicant
25 may deem the permit issued; except that this time period
26 shall be extended to 180 days when (1) notice and
27 opportunity for public hearing are required by State or
28 federal law or regulation, (2) the application which was
29 filed is for any permit to develop a landfill subject to
30 issuance pursuant to this subsection, or (3) the application
31 that was filed is for a MSWLF unit required to issue public
32 notice under subsection (p) of Section 39.
33 The Agency shall publish notice of all final permit
34 determinations for development permits for MSWLF units and
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1 for significant permit modifications for lateral expansions
2 for existing MSWLF units one time in a newspaper of general
3 circulation in the county in which the unit is or is proposed
4 to be located.
5 After January 1, 1994 and until July 1, 1998, operating
6 permits issued under this Section by the Agency for sources
7 of air pollution permitted to emit less than 25 tons per year
8 of any combination of regulated air pollutants, as defined in
9 Section 39.5 of this Act, shall be required to be renewed
10 only upon written request by the Agency consistent with
11 applicable provisions of this Act and regulations promulgated
12 hereunder. Such operating permits shall expire 180 days
13 after the date of such a request. The Board shall revise its
14 regulations for the existing State air pollution operating
15 permit program consistent with this provision by January 1,
16 1994.
17 After June 30, 1998, operating permits issued under this
18 Section by the Agency for sources of air pollution that are
19 not subject to Section 39.5 of this Act and are not required
20 to have a federally enforceable State operating permit shall
21 be required to be renewed only upon written request by the
22 Agency consistent with applicable provisions of this Act and
23 its rules. Such operating permits shall expire 180 days
24 after the date of such a request. Before July 1, 1998, the
25 Board shall revise its rules for the existing State air
26 pollution operating permit program consistent with this
27 paragraph and shall adopt rules that require a source to
28 demonstrate that it qualifies for a permit under this
29 paragraph.
30 (b) The Agency may issue NPDES permits exclusively under
31 this subsection for the discharge of contaminants from point
32 sources into navigable waters, all as defined in the Federal
33 Water Pollution Control Act, as now or hereafter amended,
34 within the jurisdiction of the State, or into any well.
-926- LRB9000999EGfgam01
1 All NPDES permits shall contain those terms and
2 conditions, including but not limited to schedules of
3 compliance, which may be required to accomplish the purposes
4 and provisions of this Act.
5 The Agency may issue general NPDES permits for discharges
6 from categories of point sources which are subject to the
7 same permit limitations and conditions. Such general permits
8 may be issued without individual applications and shall
9 conform to regulations promulgated under Section 402 of the
10 Federal Water Pollution Control Act, as now or hereafter
11 amended.
12 The Agency may include, among such conditions, effluent
13 limitations and other requirements established under this
14 Act, Board regulations, the Federal Water Pollution Control
15 Act, as now or hereafter amended, and regulations pursuant
16 thereto, and schedules for achieving compliance therewith at
17 the earliest reasonable date.
18 The Agency shall adopt filing requirements and procedures
19 which are necessary and appropriate for the issuance of NPDES
20 permits, and which are consistent with the Act or regulations
21 adopted by the Board, and with the Federal Water Pollution
22 Control Act, as now or hereafter amended, and regulations
23 pursuant thereto.
24 The Agency, subject to any conditions which may be
25 prescribed by Board regulations, may issue NPDES permits to
26 allow discharges beyond deadlines established by this Act or
27 by regulations of the Board without the requirement of a
28 variance, subject to the Federal Water Pollution Control Act,
29 as now or hereafter amended, and regulations pursuant
30 thereto.
31 (c) Except for those facilities owned or operated by
32 sanitary districts organized under the Metropolitan Water
33 Reclamation District Act, no permit for the development or
34 construction of a new pollution control facility may be
-927- LRB9000999EGfgam01
1 granted by the Agency unless the applicant submits proof to
2 the Agency that the location of the facility has been
3 approved by the County Board of the county if in an
4 unincorporated area, or the governing body of the
5 municipality when in an incorporated area, in which the
6 facility is to be located in accordance with Section 39.2 of
7 this Act.
8 In the event that siting approval granted pursuant to
9 Section 39.2 has been transferred to a subsequent owner or
10 operator, that subsequent owner or operator may apply to the
11 Agency for, and the Agency may grant, a development or
12 construction permit for the facility for which local siting
13 approval was granted. Upon application to the Agency for a
14 development or construction permit by that subsequent owner
15 or operator, the permit applicant shall cause written notice
16 of the permit application to be served upon the appropriate
17 county board or governing body of the municipality that
18 granted siting approval for that facility and upon any party
19 to the siting proceeding pursuant to which siting approval
20 was granted. In that event, the Agency shall conduct an
21 evaluation of the subsequent owner or operator's prior
22 experience in waste management operations in the manner
23 conducted under subsection (i) of Section 39 of this Act.
24 Beginning August 20, 1993, if the pollution control
25 facility consists of a hazardous or solid waste disposal
26 facility for which the proposed site is located in an
27 unincorporated area of a county with a population of less
28 than 100,000 and includes all or a portion of a parcel of
29 land that was, on April 1, 1993, adjacent to a municipality
30 having a population of less than 5,000, then the local siting
31 review required under this subsection (c) in conjunction with
32 any permit applied for after that date shall be performed by
33 the governing body of that adjacent municipality rather than
34 the county board of the county in which the proposed site is
-928- LRB9000999EGfgam01
1 located; and for the purposes of that local siting review,
2 any references in this Act to the county board shall be
3 deemed to mean the governing body of that adjacent
4 municipality; provided, however, that the provisions of this
5 paragraph shall not apply to any proposed site which was, on
6 April 1, 1993, owned in whole or in part by another
7 municipality.
8 In the case of a pollution control facility for which a
9 development permit was issued before November 12, 1981, if an
10 operating permit has not been issued by the Agency prior to
11 August 31, 1989 for any portion of the facility, then the
12 Agency may not issue or renew any development permit nor
13 issue an original operating permit for any portion of such
14 facility unless the applicant has submitted proof to the
15 Agency that the location of the facility has been approved by
16 the appropriate county board or municipal governing body
17 pursuant to Section 39.2 of this Act.
18 After January 1, 1994, if a solid waste disposal
19 facility, any portion for which an operating permit has been
20 issued by the Agency, has not accepted waste disposal for 5
21 or more consecutive calendars years, before that facility may
22 accept any new or additional waste for disposal, the owner
23 and operator must obtain a new operating permit under this
24 Act for that facility unless the owner and operator have
25 applied to the Agency for a permit authorizing the temporary
26 suspension of waste acceptance. The Agency may not issue a
27 new operation permit under this Act for the facility unless
28 the applicant has submitted proof to the Agency that the
29 location of the facility has been approved or re-approved by
30 the appropriate county board or municipal governing body
31 under Section 39.2 of this Act after the facility ceased
32 accepting waste.
33 Except for those facilities owned or operated by sanitary
34 districts organized under the Metropolitan Water Reclamation
-929- LRB9000999EGfgam01
1 District Act, and except for new pollution control facilities
2 governed by Section 39.2, and except for fossil fuel mining
3 facilities, the granting of a permit under this Act shall not
4 relieve the applicant from meeting and securing all necessary
5 zoning approvals from the unit of government having zoning
6 jurisdiction over the proposed facility.
7 Before beginning construction on any new sewage treatment
8 plant or sludge drying site to be owned or operated by a
9 sanitary district organized under the Metropolitan Water
10 Reclamation District Act for which a new permit (rather than
11 the renewal or amendment of an existing permit) is required,
12 such sanitary district shall hold a public hearing within the
13 municipality within which the proposed facility is to be
14 located, or within the nearest community if the proposed
15 facility is to be located within an unincorporated area, at
16 which information concerning the proposed facility shall be
17 made available to the public, and members of the public shall
18 be given the opportunity to express their views concerning
19 the proposed facility.
20 The Agency may issue a permit for a municipal waste
21 transfer station without requiring approval pursuant to
22 Section 39.2 provided that the following demonstration is
23 made:
24 (1) the municipal waste transfer station was in
25 existence on or before January 1, 1979 and was in
26 continuous operation from January 1, 1979 to January 1,
27 1993;
28 (2) the operator submitted a permit application to
29 the Agency to develop and operate the municipal waste
30 transfer station during April of 1994;
31 (3) the operator can demonstrate that the county
32 board of the county, if the municipal waste transfer
33 station is in an unincorporated area, or the governing
34 body of the municipality, if the station is in an
-930- LRB9000999EGfgam01
1 incorporated area, does not object to resumption of the
2 operation of the station; and
3 (4) the site has local zoning approval.
4 (d) The Agency may issue RCRA permits exclusively under
5 this subsection to persons owning or operating a facility for
6 the treatment, storage, or disposal of hazardous waste as
7 defined under this Act.
8 All RCRA permits shall contain those terms and
9 conditions, including but not limited to schedules of
10 compliance, which may be required to accomplish the purposes
11 and provisions of this Act. The Agency may include among
12 such conditions standards and other requirements established
13 under this Act, Board regulations, the Resource Conservation
14 and Recovery Act of 1976 (P.L. 94-580), as amended, and
15 regulations pursuant thereto, and may include schedules for
16 achieving compliance therewith as soon as possible. The
17 Agency shall require that a performance bond or other
18 security be provided as a condition for the issuance of a
19 RCRA permit.
20 In the case of a permit to operate a hazardous waste or
21 PCB incinerator as defined in subsection (k) of Section 44,
22 the Agency shall require, as a condition of the permit, that
23 the operator of the facility perform such analyses of the
24 waste to be incinerated as may be necessary and appropriate
25 to ensure the safe operation of the incinerator.
26 The Agency shall adopt filing requirements and procedures
27 which are necessary and appropriate for the issuance of RCRA
28 permits, and which are consistent with the Act or regulations
29 adopted by the Board, and with the Resource Conservation and
30 Recovery Act of 1976 (P.L. 94-580), as amended, and
31 regulations pursuant thereto.
32 The applicant shall make available to the public for
33 inspection all documents submitted by the applicant to the
34 Agency in furtherance of an application, with the exception
-931- LRB9000999EGfgam01
1 of trade secrets, at the office of the county board or
2 governing body of the municipality. Such documents may be
3 copied upon payment of the actual cost of reproduction during
4 regular business hours of the local office. The Agency shall
5 issue a written statement concurrent with its grant or denial
6 of the permit explaining the basis for its decision.
7 (e) The Agency may issue UIC permits exclusively under
8 this subsection to persons owning or operating a facility for
9 the underground injection of contaminants as defined under
10 this Act.
11 All UIC permits shall contain those terms and conditions,
12 including but not limited to schedules of compliance, which
13 may be required to accomplish the purposes and provisions of
14 this Act. The Agency may include among such conditions
15 standards and other requirements established under this Act,
16 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
17 as amended, and regulations pursuant thereto, and may include
18 schedules for achieving compliance therewith. The Agency
19 shall require that a performance bond or other security be
20 provided as a condition for the issuance of a UIC permit.
21 The Agency shall adopt filing requirements and procedures
22 which are necessary and appropriate for the issuance of UIC
23 permits, and which are consistent with the Act or regulations
24 adopted by the Board, and with the Safe Drinking Water Act
25 (P.L. 93-523), as amended, and regulations pursuant thereto.
26 The applicant shall make available to the public for
27 inspection, all documents submitted by the applicant to the
28 Agency in furtherance of an application, with the exception
29 of trade secrets, at the office of the county board or
30 governing body of the municipality. Such documents may be
31 copied upon payment of the actual cost of reproduction during
32 regular business hours of the local office. The Agency shall
33 issue a written statement concurrent with its grant or denial
34 of the permit explaining the basis for its decision.
-932- LRB9000999EGfgam01
1 (f) In making any determination pursuant to Section 9.1
2 of this Act:
3 (1) The Agency shall have authority to make the
4 determination of any question required to be determined
5 by the Clean Air Act, as now or hereafter amended, this
6 Act, or the regulations of the Board, including the
7 determination of the Lowest Achievable Emission Rate,
8 Maximum Achievable Control Technology, or Best Available
9 Control Technology, consistent with the Board's
10 regulations, if any.
11 (2) The Agency shall, after conferring with the
12 applicant, give written notice to the applicant of its
13 proposed decision on the application including the terms
14 and conditions of the permit to be issued and the facts,
15 conduct or other basis upon which the Agency will rely to
16 support its proposed action.
17 (3) Following such notice, the Agency shall give
18 the applicant an opportunity for a hearing in accordance
19 with the provisions of Sections 10-25 through 10-60 of
20 the Illinois Administrative Procedure Act.
21 (g) The Agency shall include as conditions upon all
22 permits issued for hazardous waste disposal sites such
23 restrictions upon the future use of such sites as are
24 reasonably necessary to protect public health and the
25 environment, including permanent prohibition of the use of
26 such sites for purposes which may create an unreasonable risk
27 of injury to human health or to the environment. After
28 administrative and judicial challenges to such restrictions
29 have been exhausted, the Agency shall file such restrictions
30 of record in the Office of the Recorder of the county in
31 which the hazardous waste disposal site is located.
32 (h) A hazardous waste stream may not be deposited in a
33 permitted hazardous waste site unless specific authorization
34 is obtained from the Agency by the generator and disposal
-933- LRB9000999EGfgam01
1 site owner and operator for the deposit of that specific
2 hazardous waste stream. The Agency may grant specific
3 authorization for disposal of hazardous waste streams only
4 after the generator has reasonably demonstrated that,
5 considering technological feasibility and economic
6 reasonableness, the hazardous waste cannot be reasonably
7 recycled for reuse, nor incinerated or chemically, physically
8 or biologically treated so as to neutralize the hazardous
9 waste and render it nonhazardous. In granting authorization
10 under this Section, the Agency may impose such conditions as
11 may be necessary to accomplish the purposes of the Act and
12 are consistent with this Act and regulations promulgated by
13 the Board hereunder. If the Agency refuses to grant
14 authorization under this Section, the applicant may appeal as
15 if the Agency refused to grant a permit, pursuant to the
16 provisions of subsection (a) of Section 40 of this Act. For
17 purposes of this subsection (h), the term "generator" has the
18 meaning given in Section 3.12 of this Act, unless: (1) the
19 hazardous waste is treated, incinerated, or partially
20 recycled for reuse prior to disposal, in which case the last
21 person who treats, incinerates, or partially recycles the
22 hazardous waste prior to disposal is the generator; or (2)
23 the hazardous waste is from a response action, in which case
24 the person performing the response action is the generator.
25 This subsection (h) does not apply to any hazardous waste
26 that is restricted from land disposal under 35 Ill. Adm. Code
27 728.
28 (i) Before issuing any RCRA permit or any permit for a
29 waste storage site, sanitary landfill, waste disposal site,
30 waste transfer station, waste treatment facility, waste
31 incinerator, or any waste-transportation operation, the
32 Agency shall conduct an evaluation of the prospective owner's
33 or operator's prior experience in waste management
34 operations. The Agency may deny such a permit if the
-934- LRB9000999EGfgam01
1 prospective owner or operator or any employee or officer of
2 the prospective owner or operator has a history of:
3 (1) repeated violations of federal, State, or local
4 laws, regulations, standards, or ordinances in the
5 operation of waste management facilities or sites; or
6 (2) conviction in this or another State of any
7 crime which is a felony under the laws of this State, or
8 conviction of a felony in a federal court; or
9 (3) proof of gross carelessness or incompetence in
10 handling, storing, processing, transporting or disposing
11 of waste.
12 (j) The issuance under this Act of a permit to engage in
13 the surface mining of any resources other than fossil fuels
14 shall not relieve the permittee from its duty to comply with
15 any applicable local law regulating the commencement,
16 location or operation of surface mining facilities.
17 (k) A development permit issued under subsection (a) of
18 Section 39 for any facility or site which is required to have
19 a permit under subsection (d) of Section 21 shall expire at
20 the end of 2 calendar years from the date upon which it was
21 issued, unless within that period the applicant has taken
22 action to develop the facility or the site. In the event that
23 review of the conditions of the development permit is sought
24 pursuant to Section 40 or 41, or permittee is prevented from
25 commencing development of the facility or site by any other
26 litigation beyond the permittee's control, such two-year
27 period shall be deemed to begin on the date upon which such
28 review process or litigation is concluded.
29 (l) No permit shall be issued by the Agency under this
30 Act for construction or operation of any facility or site
31 located within the boundaries of any setback zone established
32 pursuant to this Act, where such construction or operation is
33 prohibited.
34 (m) The Agency may issue permits to persons owning or
-935- LRB9000999EGfgam01
1 operating a facility for composting landscape waste. In
2 granting such permits, the Agency may impose such conditions
3 as may be necessary to accomplish the purposes of this Act,
4 and as are not inconsistent with applicable regulations
5 promulgated by the Board. Except as otherwise provided in
6 this Act, a bond or other security shall not be required as a
7 condition for the issuance of a permit. If the Agency denies
8 any permit pursuant to this subsection, the Agency shall
9 transmit to the applicant within the time limitations of this
10 subsection specific, detailed statements as to the reasons
11 the permit application was denied. Such statements shall
12 include but not be limited to the following:
13 (1) the Sections of this Act that may be violated
14 if the permit were granted;
15 (2) the specific regulations promulgated pursuant
16 to this Act that may be violated if the permit were
17 granted;
18 (3) the specific information, if any, the Agency
19 deems the applicant did not provide in its application to
20 the Agency; and
21 (4) a statement of specific reasons why the Act and
22 the regulations might be violated if the permit were
23 granted.
24 If no final action is taken by the Agency within 90 days
25 after the filing of the application for permit, the applicant
26 may deem the permit issued. Any applicant for a permit may
27 waive the 90 day limitation by filing a written statement
28 with the Agency.
29 The Agency shall issue permits for such facilities upon
30 receipt of an application that includes a legal description
31 of the site, a topographic map of the site drawn to the scale
32 of 200 feet to the inch or larger, a description of the
33 operation, including the area served, an estimate of the
34 volume of materials to be processed, and documentation that:
-936- LRB9000999EGfgam01
1 (1) the facility includes a setback of at least 200
2 feet from the nearest potable water supply well;
3 (2) the facility is located outside the boundary of
4 the 10-year floodplain or the site will be floodproofed;
5 (3) the facility is located so as to minimize
6 incompatibility with the character of the surrounding
7 area, including at least a 200 foot setback from any
8 residence, and in the case of a facility that is
9 developed or the permitted composting area of which is
10 expanded after November 17, 1991, the composting area is
11 located at least 1/8 mile from the nearest residence
12 (other than a residence located on the same property as
13 the facility);
14 (4) the design of the facility will prevent any
15 compost material from being placed within 5 feet of the
16 water table, will adequately control runoff from the
17 site, and will collect and manage any leachate that is
18 generated on the site;
19 (5) the operation of the facility will include
20 appropriate dust and odor control measures, limitations
21 on operating hours, appropriate noise control measures
22 for shredding, chipping and similar equipment, management
23 procedures for composting, containment and disposal of
24 non-compostable wastes, procedures to be used for
25 terminating operations at the site, and recordkeeping
26 sufficient to document the amount of materials received,
27 composted and otherwise disposed of; and
28 (6) the operation will be conducted in accordance
29 with any applicable rules adopted by the Board.
30 The Agency shall issue renewable permits of not longer
31 than 10 years in duration for the composting of landscape
32 wastes, as defined in Section 3.70 of this Act, based on the
33 above requirements.
34 The operator of any facility permitted under this
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1 subsection (m) must submit a written annual statement to the
2 Agency on or before April 1 of each year that includes an
3 estimate of the amount of material, in tons, received for
4 composting.
5 (n) The Agency shall issue permits jointly with the
6 Department of Transportation for the dredging or deposit of
7 material in Lake Michigan in accordance with Section 18 of
8 the Rivers, Lakes, and Streams Act.
9 (o) From September 4, 1990 until December 31, 1993, no
10 permit shall be issued by the Agency for the development or
11 construction of any new facility intended to be used for the
12 incineration of any hazardous waste. This subsection shall
13 not apply to facilities intended for use for combustion of
14 potentially infectious medical waste, for use as part of a
15 State or federally designated clean-up action, or for use
16 solely for the conduct of research and the development and
17 demonstration of technologies for the incineration of
18 hazardous waste.
19 (p) (1) Any person submitting an application for a
20 permit for a new MSWLF unit or for a lateral expansion under
21 subsection (t) of Section 21 of this Act for an existing
22 MSWLF unit that has not received and is not subject to local
23 siting approval under Section 39.2 of this Act shall publish
24 notice of the application in a newspaper of general
25 circulation in the county in which the MSWLF unit is or is
26 proposed to be located. The notice must be published at
27 least 15 days before submission of the permit application to
28 the Agency. The notice shall state the name and address of
29 the applicant, the location of the MSWLF unit or proposed
30 MSWLF unit, the nature and size of the MSWLF unit or proposed
31 MSWLF unit, the nature of the activity proposed, the probable
32 life of the proposed activity, the date the permit
33 application will be submitted, and a statement that persons
34 may file written comments with the Agency concerning the
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1 permit application within 30 days after the filing of the
2 permit application unless the time period to submit comments
3 is extended by the Agency.
4 When a permit applicant submits information to the Agency
5 to supplement a permit application being reviewed by the
6 Agency, the applicant shall not be required to reissue the
7 notice under this subsection.
8 (2) The Agency shall accept written comments concerning
9 the permit application that are postmarked no later than then
10 30 days after the filing of the permit application, unless
11 the time period to accept comments is extended by the Agency.
12 (3) Each applicant for a permit described in part (1) of
13 this subsection shall file a copy of the permit application
14 with the county board or governing body of the municipality
15 in which the MSWLF unit is or is proposed to be located at
16 the same time the application is submitted to the Agency.
17 The permit application filed with the county board or
18 governing body of the municipality shall include all
19 documents submitted to or to be submitted to the Agency,
20 except trade secrets as determined under Section 7.1 of this
21 Act. The permit application and other documents on file with
22 the county board or governing body of the municipality shall
23 be made available for public inspection during regular
24 business hours at the office of the county board or the
25 governing body of the municipality and may be copied upon
26 payment of the actual cost of reproduction.
27 (Source: P.A. 89-487, eff. 6-21-96; 89-556, eff. 7-26-96;
28 90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-537, eff.
29 11-26-97; revised 12-31-97.)
30 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
31 Sec. 39.2. Local siting review approval.
32 (a) The county board of the county or the governing body
33 of the municipality, as determined by paragraph (c) of
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1 Section 39 of this Act, shall approve or disapprove the
2 request for local siting approval for each pollution control
3 facility which is subject to such review. An applicant for
4 local siting approval shall submit sufficient details
5 describing the proposed facility to demonstrate compliance,
6 and local siting approval shall be granted only if the
7 proposed facility meets the following criteria:
8 (i) the facility is necessary to accommodate the
9 waste needs of the area it is intended to serve;
10 (ii) the facility is so designed, located and
11 proposed to be operated that the public health, safety
12 and welfare will be protected;
13 (iii) the facility is located so as to minimize
14 incompatibility with the character of the surrounding
15 area and to minimize the effect on the value of the
16 surrounding property;
17 (iv) (A) for a facility other than a sanitary
18 landfill or waste disposal site, the facility is located
19 outside the boundary of the 100 year flood plain or the
20 site is flood-proofed; (B) for a facility that is a
21 sanitary landfill or waste disposal site, the facility is
22 located outside the boundary of the 100-year floodplain,
23 or if the facility is a facility described in subsection
24 (b) of Section 22.19a, the site is flood-proofed;
25 (v) the plan of operations for the facility is
26 designed to minimize the danger to the surrounding area
27 from fire, spills, or other operational accidents;
28 (vi) the traffic patterns to or from the facility
29 are so designed as to minimize the impact on existing
30 traffic flows;
31 (vii) if the facility will be treating, storing or
32 disposing of hazardous waste, an emergency response plan
33 exists for the facility which includes notification,
34 containment and evacuation procedures to be used in case
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1 of an accidental release;
2 (viii) if the facility is to be located in a county
3 where the county board has adopted a solid waste
4 management plan consistent with the planning requirements
5 of the Local Solid Waste Disposal Act or the Solid Waste
6 Planning and Recycling Act, the facility is consistent
7 with that plan; and
8 (ix) if the facility will be located within a
9 regulated recharge area, any applicable requirements
10 specified by the Board for such areas have been met.
11 The county board or the governing body of the
12 municipality may also consider as evidence the previous
13 operating experience and past record of convictions or
14 admissions of violations of the applicant (and any subsidiary
15 or parent corporation) in the field of solid waste management
16 when considering criteria (ii) and (v) under this Section.
17 (b) No later than 14 days prior to a request for
18 location approval the applicant shall cause written notice of
19 such request to be served either in person or by registered
20 mail, return receipt requested, on the owners of all property
21 within the subject area not solely owned by the applicant,
22 and on the owners of all property within 250 feet in each
23 direction of the lot line of the subject property, said
24 owners being such persons or entities which appear from the
25 authentic tax records of the County in which such facility is
26 to be located; provided, that the number of all feet occupied
27 by all public roads, streets, alleys and other public ways
28 shall be excluded in computing the 250 feet requirement;
29 provided further, that in no event shall this requirement
30 exceed 400 feet, including public streets, alleys and other
31 public ways.
32 Such written notice shall also be served upon members of
33 the General Assembly from the legislative district in which
34 the proposed facility is located and shall be published in a
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1 newspaper of general circulation published in the county in
2 which the site is located.
3 Such notice shall state the name and address of the
4 applicant, the location of the proposed site, the nature and
5 size of the development, the nature of the activity proposed,
6 the probable life of the proposed activity, the date when the
7 request for site approval will be submitted, and a
8 description of the right of persons to comment on such
9 request as hereafter provided.
10 (c) An applicant shall file a copy of its request with
11 the county board of the county or the governing body of the
12 municipality in which the proposed site is located. The
13 request shall include (i) the substance of the applicant's
14 proposal and (ii) all documents, if any, submitted as of that
15 date to the Agency pertaining to the proposed facility,
16 except trade secrets as determined under Section 7.1 of this
17 Act. All such documents or other materials on file with the
18 county board or governing body of the municipality shall be
19 made available for public inspection at the office of the
20 county board or the governing body of the municipality and
21 may be copied upon payment of the actual cost of
22 reproduction.
23 Any person may file written comment with the county board
24 or governing body of the municipality concerning the
25 appropriateness of the proposed site for its intended
26 purpose. The county board or governing body of the
27 municipality shall consider any comment received or
28 postmarked not later than 30 days after the date of the last
29 public hearing.
30 (d) At least one public hearing is to be held by the
31 county board or governing body of the municipality no sooner
32 than 90 days but no later than 120 days from receipt of the
33 request for site approval. No later than 14 days prior to
34 such hearing notice shall be published in a newspaper of
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1 general circulation published in the county of the proposed
2 site, and delivered by certified mail to all members of the
3 General Assembly from the district in which the proposed site
4 is located, to the governing authority of every municipality
5 contiguous to the proposed site or contiguous to the
6 municipality in which the proposed site is to be located, to
7 the county board of the county where the proposed site is to
8 be located, if the proposed site is located within the
9 boundaries of a municipality, and to the Agency. Members or
10 representatives of the governing authority of a municipality
11 contiguous to the proposed site or contiguous to the
12 municipality in which the proposed site is to be located
13 and, if the proposed site is located in a municipality,
14 members or representatives of the county board of a county in
15 which the proposed site is to be located may appear at and
16 participate in public hearings held pursuant to this Section.
17 The public hearing shall develop a record sufficient to form
18 the basis of appeal of the decision in accordance with
19 Section 40.1 of this Act. The fact that a member of the
20 county board or governing body of the municipality has
21 publicly expressed an opinion on an issue related to a site
22 review proceeding shall not preclude the member from taking
23 part in the proceeding and voting on the issue.
24 (e) Decisions of the county board or governing body of
25 the municipality are to be in writing, specifying the reasons
26 for the decision, such reasons to be in conformance with
27 subsection (a) of this Section. In granting approval for a
28 site the county board or governing body of the municipality
29 may impose such conditions as may be reasonable and necessary
30 to accomplish the purposes of this Section and as are not
31 inconsistent with regulations promulgated by the Board. Such
32 decision shall be available for public inspection at the
33 office of the county board or governing body of the
34 municipality and may be copied upon payment of the actual
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1 cost of reproduction. If there is no final action by the
2 county board or governing body of the municipality within 180
3 days after the filing of the request for site approval the
4 applicant may deem the request approved.
5 At any time prior to completion by the applicant of the
6 presentation of the applicant's factual evidence and an
7 opportunity for cross-questioning by the county board or
8 governing body of the municipality and any participants, the
9 applicant may file not more than one amended application upon
10 payment of additional fees pursuant to subsection (k); in
11 which case the time limitation for final action set forth in
12 this subsection (e) shall be extended for an additional
13 period of 90 days.
14 If, prior to making a final local siting decision, a
15 county board or governing body of a municipality has
16 negotiated and entered into a host agreement with the local
17 siting applicant, the terms and conditions of the host
18 agreement, whether written or oral, shall be disclosed and
19 made a part of the hearing record for that local siting
20 proceeding. In the case of an oral agreement, the disclosure
21 shall be made in the form of a written summary jointly
22 prepared and submitted by the county board or governing body
23 of the municipality and the siting applicant and shall
24 describe the terms and conditions of the oral agreement.
25 (e-5) Siting approval obtained pursuant to this Section
26 is transferable and may be transferred to a subsequent owner
27 or operator. In the event that siting approval has been
28 transferred to a subsequent owner or operator, that
29 subsequent owner or operator assumes and takes subject to any
30 and all conditions imposed upon the prior owner or operator
31 by the county board of the county or governing body of the
32 municipality pursuant to subsection (e). However, any such
33 conditions imposed pursuant to this Section may be modified
34 by agreement between the subsequent owner or operator and the
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1 appropriate county board or governing body. Further, in the
2 event that siting approval obtained pursuant to this Section
3 has been transferred to a subsequent owner or operator, that
4 subsequent owner or operator assumes all rights and
5 obligations and takes the facility subject to any and all
6 terms and conditions of any existing host agreement between
7 the prior owner or operator and the appropriate county board
8 or governing body.
9 (f) A local siting approval granted under this Section
10 shall expire at the end of 2 calendar years from the date
11 upon which it was granted, unless the local siting approval
12 granted under this Section is for a sanitary landfill
13 operation, in which case the approval shall expire at the end
14 of 3 calendar years from the date upon which it was granted,
15 and unless within that period the applicant has made
16 application to the Agency for a permit to develop the site.
17 In the event that the local siting decision has been
18 appealed, such expiration period shall be deemed to begin on
19 the date upon which the appeal process is concluded.
20 Except as otherwise provided in this subsection, upon the
21 expiration of a development permit under subsection (k) of
22 Section 39, any associated local siting approval granted for
23 the facility under this Section shall also expire.
24 If a first development permit for a municipal waste
25 incineration facility expires under subsection (k) of Section
26 39 after September 30, 1989 due to circumstances beyond the
27 control of the applicant, any associated local siting
28 approval granted for the facility under this Section may be
29 used to fulfill the local siting approval requirement upon
30 application for a second development permit for the same
31 site, provided that the proposal in the new application is
32 materially the same, with respect to the criteria in
33 subsection (a) of this Section, as the proposal that received
34 the original siting approval, and application for the second
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1 development permit is made before January 1, 1990.
2 (g) The siting approval procedures, criteria and appeal
3 procedures provided for in this Act for new pollution control
4 facilities shall be the exclusive siting procedures and rules
5 and appeal procedures for facilities subject to such
6 procedures. Local zoning or other local land use requirements
7 shall not be applicable to such siting decisions.
8 (h) Nothing in this Section shall apply to any existing
9 or new pollution control facility located within the
10 corporate limits of a municipality with a population of over
11 1,000,000.
12 (i) The Department shall make a study of technical
13 considerations relating to the siting of new pollution
14 control facilities. Such study shall include, but need not be
15 limited to, a determination of the geologic and hydrologic
16 conditions in the State most suitable for the siting of such
17 facilities, the establishment of a data base on such
18 conditions in Illinois, and recommendations for the
19 establishment of technical guidelines and criteria to be used
20 in making such siting decisions. The Department shall report
21 such study and recommendations to the General Assembly, the
22 Governor, the Board and the public no later than October 1,
23 1984.
24 The Board shall adopt regulations establishing the
25 geologic and hydrologic siting criteria necessary to protect
26 usable groundwater resources which are to be followed by the
27 Agency in its review of permit applications for new pollution
28 control facilities. Such regulations, insofar as they apply
29 to new pollution control facilities authorized to store,
30 treat or dispose of any hazardous waste, shall be at least as
31 stringent as the requirements of the Resource Conservation
32 and Recovery Act and any State or federal regulations adopted
33 pursuant thereto.
34 (j) Any new pollution control facility which has never
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1 obtained local siting approval under the provisions of this
2 Section shall be required to obtain such approval after a
3 final decision on an appeal of a permit denial.
4 (k) A county board or governing body of a municipality
5 may charge applicants for siting review under this Section a
6 reasonable fee to cover the reasonable and necessary costs
7 incurred by such county or municipality in the siting review
8 process.
9 (l) The governing Authority as determined by subsection
10 (c) of Section 39 of this Act may request the Department of
11 Transportation to perform traffic impact studies of proposed
12 or potential locations for required pollution control
13 facilities.
14 (m) An applicant may not file a request for local siting
15 approval which is substantially the same as a request which
16 was disapproved pursuant to a finding against the applicant
17 under any of criteria (i) through (ix) of subsection (a) of
18 this Section within the preceding 2 years.
19 (n) In any review proceeding of a decision of the county
20 board or governing body of a municipality made pursuant to
21 the local siting review process, the petitioner in the review
22 proceeding shall pay to the county or municipality the cost
23 of preparing and certifying the record of proceedings.
24 Should the petitioner in the review proceeding fail to make
25 payment, the provisions of Section 3-109 of the Code of Civil
26 Procedure shall apply.
27 In the event the petitioner is a citizens' group that
28 participated in the siting proceeding and is so located as to
29 be affected by the proposed facility, such petitioner shall
30 be exempt from paying the costs of preparing and certifying
31 the record.
32 (o) Notwithstanding any other provision of this Section,
33 a transfer station used exclusively for landscape waste,
34 where landscape waste is held no longer than 24 hours from
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1 the time it was received, is not subject to the requirements
2 of local siting approval under this Section, but is subject
3 only to local zoning approval.
4 (Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96;
5 89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff.
6 8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; revised
7 12-1-97.)
8 (415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3)
9 Sec. 39.3. (a) The provisions of this Section apply to
10 any application for a permit under the Solid Waste Rules of
11 the Board's Rules and Regulations to develop a new pollution
12 control facility for the disposal of hazardous waste, and to
13 any application to modify the development of an existing site
14 or facility which would allow the disposal of hazardous waste
15 for the first time. The requirements of this Section are in
16 addition to any other procedures as may be required by law.
17 (b) Any application for a permit under this Section
18 shall be made to the Agency, and shall be accompanied by
19 proof that notice of the application has been served upon the
20 Attorney General, the State's Attorney and the Chairman of
21 the County Board of the county in which the facility is
22 proposed to be located, each member of the General Assembly
23 from the legislative district in which the facility is
24 proposed to be located, and the clerk of each municipality,
25 any portion of which is within three miles of the boundary of
26 the facility. Upon the request of any person upon whom
27 notice is required to be served, the applicant shall promptly
28 furnish a copy of the application to the person making the
29 request.
30 (c) (i) Not more than 90 days after receipt of a
31 complete application for a permit under this Section, the
32 Agency shall give public notice of its preliminary
33 determination to either issue or deny the permit, and shall
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1 give notice of the opportunity for a public hearing on that
2 preliminary determination under this Section. Upon the
3 request of the permit applicant, or of any other person who
4 is admitted as a party pursuant to subsection (d), the Agency
5 shall schedule a public hearing pursuant to subsection (e).
6 (ii) The Agency notice shall be published in a newspaper
7 of general circulation in the county in which the site is
8 proposed to be located, and shall be served upon the Attorney
9 General, the State's Attorney and the Chairman of the County
10 Board of the county in which the facility is proposed to be
11 located, each member of the General Assembly from the
12 legislative district in which the facility is proposed to be
13 located, and the clerk of each municipality, any portion of
14 which is within three miles of the boundary of the facility.
15 (iii) The contents, form, and manner of service of the
16 Agency notice shall conform to the requirements of Section
17 10-25 of the Illinois Administrative Procedure Act.
18 (d) Within 60 days after the date of the Agency notice
19 required by subsection (c) of this Section, any person who
20 may be adversely affected by an Agency decision on the permit
21 application may petition the Agency to intervene before the
22 Agency as a party. The petition to intervene shall contain a
23 short and plain statement identifying the petitioner and
24 stating the petitioner's interest. The petitioner shall
25 serve the petition upon the applicant for the permit and upon
26 any other persons who have petitioned to intervene. Unless
27 the Agency determines that the petition is duplicitous or
28 frivolous, it shall admit the petitioner as a party.
29 (e) (i) Not less than 60 days nor more than 180 days
30 after the date of the Agency notice required by subsection
31 (c) of this Section, the Agency shall commence the public
32 hearing required by this Section.
33 (ii) The public hearing and other proceedings required
34 by this Section shall be conducted in accordance with the
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1 provisions concerning contested cases of the Illinois
2 Administrative Procedure Act shall apply.
3 (iii) The public hearing required by this Section may,
4 with the concurrence of the Agency, the permit applicant and
5 the County Board of the county or the governing body of the
6 municipality, be conducted jointly with the public hearing
7 required by Section 39.2 of this Act.
8 (iv) All documents submitted to the Agency in connection
9 with the public hearing shall be reproduced and filed at the
10 office of the county board or governing body of the
11 municipality and may be copied upon payment of the actual
12 cost of reproduction.
13 (f) Within sixty days of the completion of the public
14 hearing required by this Section the Agency shall render a
15 final decision either granting or denying the permit.
16 (g) The Agency shall adopt such procedural rules as may
17 be necessary and appropriate to carry out its duties under
18 this Section which are not inconsistent with the requirements
19 of this Section. In adopting such procedural rules the
20 Agency shall follow the requirements concerning rulemaking of
21 the Illinois Administrative Procedure Act.
22 (h) This Section shall not apply to permits issued by
23 the Agency pursuant to authority delegated from the United
24 States pursuant to the Resource Conservation and Recovery Act
25 of 1976, P.L. 94-580, as amended, or the Safe Drinking Water
26 Act, P.L. 93-523, as amended.
27 (Source: P.A. 88-45; 88-681, eff. 12-22-94; revised
28 12-18-97.)
29 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
30 Sec. 44. Criminal acts crimes; penalties.
31 (a) Except as otherwise provided in this Section, it
32 shall be a Class A misdemeanor to violate this Act or
33 regulations thereunder, or any permit or term or condition
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1 thereof, or knowingly to submit any false information under
2 this Act or regulations adopted thereunder, or under any
3 permit or term or condition thereof. A court may, in addition
4 to any other penalty herein imposed, order a person convicted
5 of any violation of this Act to perform community service for
6 not less than 100 hours and not more than 300 hours if
7 community service is available in the jurisdiction. It shall
8 be the duty of all State and local law-enforcement officers
9 to enforce such Act and regulations, and all such officers
10 shall have authority to issue citations for such violations.
11 (b) Calculated Criminal Disposal of Hazardous Waste.
12 (1) A person commits the offense of Calculated
13 Criminal Disposal of Hazardous Waste when, without lawful
14 justification, he knowingly disposes of hazardous waste
15 while knowing that he thereby places another person in
16 danger of great bodily harm or creates an immediate or
17 long-term danger to the public health or the environment.
18 (2) Calculated Criminal Disposal of Hazardous Waste
19 is a Class 2 felony. In addition to any other penalties
20 prescribed by law, a person convicted of the offense of
21 Calculated Criminal Disposal of Hazardous Waste is
22 subject to a fine not to exceed $500,000 for each day of
23 such offense.
24 (c) Criminal Disposal of Hazardous Waste.
25 (1) A person commits the offense of Criminal
26 Disposal of Hazardous Waste when, without lawful
27 justification, he knowingly disposes of hazardous waste.
28 (2) Criminal Disposal of Hazardous Waste is a Class
29 3 felony. In addition to any other penalties prescribed
30 by law, a person convicted of the offense of Criminal
31 Disposal of Hazardous Waste is subject to a fine not to
32 exceed $250,000 for each day of such offense.
33 (d) Unauthorized Use of Hazardous Waste.
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1 (1) A person commits the offense of Unauthorized
2 Use of Hazardous Waste when he, being required to have a
3 permit, registration, or license under this Act or any
4 other law regulating the treatment, transportation, or
5 storage of hazardous waste, knowingly:
6 (A) treats, transports, or stores any
7 hazardous waste without such permit, registration,
8 or license;
9 (B) treats, transports, or stores any
10 hazardous waste in violation of the terms and
11 conditions of such permit or license;
12 (C) transports any hazardous waste to a
13 facility which does not have a permit or license
14 required under this Act; or
15 (D) transports by vehicle any hazardous waste
16 without having in each vehicle credentials issued to
17 the transporter by the transporter's base state
18 pursuant to procedures established under the Uniform
19 Program.
20 (2) A person who is convicted of a violation of
21 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
22 is guilty of a Class 4 felony. A person who is convicted
23 of a violation of subdivision (1)(D) is guilty of a Class
24 A misdemeanor. In addition to any other penalties
25 prescribed by law, a person convicted of violating
26 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
27 not to exceed $100,000 for each day of such violation,
28 and a person who is convicted of violating subdivision
29 (1)(D) is subject to a fine not to exceed $1,000.
30 (e) Unlawful Delivery of Hazardous Waste.
31 (1) Except as authorized by this Act or the federal
32 Resource Conservation and Recovery Act, and the
33 regulations promulgated thereunder, it is unlawful for
34 any person to knowingly deliver hazardous waste.
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1 (2) Unlawful Delivery of Hazardous Waste is a Class
2 3 felony. In addition to any other penalties prescribed
3 by law, a person convicted of the offense of Unlawful
4 Delivery of Hazardous Waste is subject to a fine not to
5 exceed $250,000 for each such violation.
6 (3) For purposes of this Section, "deliver" or
7 "delivery" means the actual, constructive, or attempted
8 transfer of possession of hazardous waste, with or
9 without consideration, whether or not there is an agency
10 relationship.
11 (f) Reckless Disposal of Hazardous Waste.
12 (1) A person commits Reckless Disposal of Hazardous
13 Waste if he disposes of hazardous waste, and his acts
14 which cause the hazardous waste to be disposed of,
15 whether or not those acts are undertaken pursuant to or
16 under color of any permit or license, are performed with
17 a conscious disregard of a substantial and unjustifiable
18 risk that such disposing of hazardous waste is a gross
19 deviation from the standard of care which a reasonable
20 person would exercise in the situation.
21 (2) Reckless Disposal of Hazardous Waste is a Class
22 4 felony. In addition to any other penalties prescribed
23 by law, a person convicted of the offense of Reckless
24 Disposal of Hazardous Waste is subject to a fine not to
25 exceed $50,000 for each day of such offense.
26 (g) Concealment of Criminal Disposal of Hazardous Waste.
27 (1) A person commits the offense of Concealment of
28 Criminal Disposal of Hazardous Waste when he conceals,
29 without lawful justification, the disposal of hazardous
30 waste with the knowledge that such hazardous waste has
31 been disposed of in violation of this Act.
32 (2) Concealment of Criminal Disposal of a Hazardous
33 Waste is a Class 4 felony. In addition to any other
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1 penalties prescribed by law, a person convicted of the
2 offense of Concealment of Criminal Disposal of Hazardous
3 Waste is subject to a fine not to exceed $50,000 for each
4 day of such offense.
5 (h) Violations; False Statements.
6 (1) Any person who knowingly makes a false material
7 statement in an application for a permit or license
8 required by this Act to treat, transport, store, or
9 dispose of hazardous waste commits the offense of perjury
10 and shall be subject to the penalties set forth in
11 Section 32-2 of the Criminal Code of 1961.
12 (2) Any person who knowingly makes a false material
13 statement or representation in any label, manifest,
14 record, report, permit or license, or other document
15 filed, maintained or used for the purpose of compliance
16 with this Act in connection with the generation,
17 disposal, treatment, storage, or transportation of
18 hazardous waste commits a Class 4 felony. A second or
19 any subsequent offense after conviction hereunder is a
20 Class 3 felony.
21 (3) Any person who knowingly destroys, alters or
22 conceals any record required to be made by this Act in
23 connection with the disposal, treatment, storage, or
24 transportation of hazardous waste, commits a Class 4
25 felony. A second or any subsequent offense after a
26 conviction hereunder is a Class 3 felony.
27 (4) Any person who knowingly makes a false material
28 statement or representation in any application, bill,
29 invoice, or other document filed, maintained, or used for
30 the purpose of receiving money from the Underground
31 Storage Tank Fund commits a Class 4 felony. A second or
32 any subsequent offense after conviction hereunder is a
33 Class 3 felony.
34 (5) Any person who knowingly destroys, alters, or
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1 conceals any record required to be made or maintained by
2 this Act or required to be made or maintained by Board or
3 Agency rules for the purpose of receiving money from the
4 Underground Storage Tank Fund commits a Class 4 felony. A
5 second or any subsequent offense after a conviction
6 hereunder is a Class 3 felony.
7 (6) A person who knowingly and falsely certifies
8 under Section 22.48 that an industrial process waste or
9 pollution control waste is not special waste commits a
10 Class 4 felony for a first offense and commits a Class 3
11 felony for a second or subsequent offense.
12 (7) In addition to any other penalties prescribed
13 by law, a person convicted of violating this subsection
14 (h) is subject to a fine not to exceed $50,000 for each
15 day of such violation.
16 (i) Verification.
17 (1) Each application for a permit or license to
18 dispose of, transport, treat, store or generate hazardous
19 waste under this Act shall contain an affirmation that
20 the facts are true and are made under penalty of perjury
21 as defined in Section 32-2 of the Criminal Code of 1961.
22 It is perjury for a person to sign any such application
23 for a permit or license which contains a false material
24 statement, which he does not believe to be true.
25 (2) Each request for money from the Underground
26 Storage Tank Fund shall contain an affirmation that the
27 facts are true and are made under penalty of perjury as
28 defined in Section 32-2 of the Criminal Code of 1961. It
29 is perjury for a person to sign any request that contains
30 a false material statement that he does not believe to be
31 true.
32 (j) Violations of Other Provisions.
33 (1) It is unlawful for a person knowingly to
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1 violate:
2 (A) subsection (f) of Section 12 of this Act;
3 (B) subsection (g) of Section 12 of this Act;
4 (C) any term or condition of any Underground
5 Injection Control (UIC) permit;
6 (D) any filing requirement, regulation, or
7 order relating to the State Underground Injection
8 Control (UIC) program;
9 (E) any provision of any regulation, standard,
10 or filing requirement under subsection (b) of
11 Section 13 of this Act;
12 (F) any provision of any regulation, standard,
13 or filing requirement under subsection (b) of
14 Section 39 of this Act;
15 (G) any National Pollutant Discharge
16 Elimination System (NPDES) permit issued under this
17 Act or any term or condition of such permit;
18 (H) subsection (h) of Section 12 of this Act;
19 (I) subsection 6 of Section 39.5 of this Act;
20 (J) any provision of any regulation, standard
21 or filing requirement under Section 39.5 of this
22 Act; or
23 (K) a provision of the Procedures for Asbestos
24 Emission Control in subsection (c) of Section 61.145
25 of Title 40 of the Code of Federal Regulations.
26 (2) A person convicted of a violation of
27 subdivision (1) of this subsection commits a Class 4
28 felony, and in addition to any other penalty prescribed
29 by law is subject to a fine not to exceed $25,000 for
30 each day of such violation.
31 (3) A person who negligently violates the following
32 shall be subject to a fine not to exceed $10,000 for each
33 day of such violation:
34 (A) subsection (f) of Section 12 of this Act;
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1 (B) subsection (g) of Section 12 of this Act;
2 (C) any provision of any regulation, standard,
3 or filing requirement under subsection (b) of
4 Section 13 of this Act;
5 (D) any provision of any regulation, standard,
6 or filing requirement under subsection (b) of
7 Section 39 of this Act;
8 (E) any National Pollutant Discharge
9 Elimination System (NPDES) permit issued under this
10 Act;
11 (F) subsection 6 of Section 39.5 of this Act;
12 or
13 (G) any provision of any regulation, standard,
14 or filing requirement under Section 39.5 of this
15 Act.
16 (4) It is unlawful for a person knowingly to:
17 (A) make any false statement, representation,
18 or certification in an application form, or form
19 pertaining to, a National Pollutant Discharge
20 Elimination System (NPDES) permit;
21 (B) render inaccurate any monitoring device or
22 record required by the Agency or Board in connection
23 with any such permit or with any discharge which is
24 subject to the provisions of subsection (f) of
25 Section 12 of this Act;
26 (C) make any false statement, representation,
27 or certification in any form, notice or report
28 pertaining to a CAAPP permit under Section 39.5 of
29 this Act;
30 (D) render inaccurate any monitoring device or
31 record required by the Agency or Board in connection
32 with any CAAPP permit or with any emission which is
33 subject to the provisions of Section 39.5 of this
34 Act; or
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1 (E) violate subsection 6 of Section 39.5 of
2 this Act or any CAAPP permit, or term or condition
3 thereof, or any fee or filing requirement.
4 (5) A person convicted of a violation of
5 subdivision (4) of this subsection commits a Class A
6 misdemeanor, and in addition to any other penalties
7 provided by law is subject to a fine not to exceed
8 $10,000 for each day of violation.
9 (k) Criminal operation of a hazardous waste or PCB
10 incinerator.
11 (1) A person commits the offense of criminal
12 operation of a hazardous waste or PCB incinerator when,
13 in the course of operating a hazardous waste or PCB
14 incinerator, he knowingly and without justification
15 operates the incinerator (i) without an Agency permit, or
16 in knowing violation of the terms of an Agency permit,
17 and (ii) as a result of such violation, knowingly places
18 any person in danger of great bodily harm or knowingly
19 creates an immediate or long term material danger to the
20 public health or the environment.
21 (2) Any person who commits the offense of criminal
22 operation of a hazardous waste or PCB incinerator for the
23 first time commits a Class 4 felony and, in addition to
24 any other penalties prescribed by law, shall be subject
25 to a fine not to exceed $100,000 for each day of the
26 offense.
27 Any person who commits the offense of criminal
28 operation of a hazardous waste or PCB incinerator for a
29 second or subsequent time commits a Class 3 felony and,
30 in addition to any other penalties prescribed by law,
31 shall be subject to a fine not to exceed $250,000 for
32 each day of the offense.
33 (3) For the purpose of this subsection (k), the
34 term "hazardous waste or PCB incinerator" means a
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1 pollution control facility at which either hazardous
2 waste or PCBs, or both, are incinerated. "PCBs" means any
3 substance or mixture of substances that contains one or
4 more polychlorinated biphenyls in detectable amounts.
5 (l) It shall be the duty of all State and local law
6 enforcement officers to enforce this Act and the regulations
7 adopted hereunder, and all such officers shall have authority
8 to issue citations for such violations.
9 (m) Any action brought under this Section shall be
10 brought by the State's Attorney of the county in which the
11 violation occurred, or by the Attorney General, and shall be
12 conducted in accordance with the applicable provisions of the
13 Code of Criminal Procedure of 1963.
14 (n) For an offense described in this Section, the period
15 for commencing prosecution prescribed by the statute of
16 limitations shall not begin to run until the offense is
17 discovered by or reported to a State or local agency having
18 the authority to investigate violations of this Act.
19 (o) In addition to any other penalties provided under
20 this Act, if a person is convicted of (or agrees to a
21 settlement in an enforcement action over) illegal dumping of
22 waste on the person's own property, the Attorney General, the
23 Agency or local prosecuting authority shall file notice of
24 the conviction, finding or agreement in the office of the
25 Recorder in the county in which the landowner lives.
26 (p) Criminal Disposal of Waste.
27 (1) A person commits the offense of Criminal
28 Disposal of Waste when he or she:
29 (A) if required to have a permit under
30 subsection (d) of Section 21 of this Act, knowingly
31 conducts a waste-storage, waste-treatment, or
32 waste-disposal operation in a quantity that exceeds
33 250 cubic feet of waste without a permit; or
34 (B) knowingly conducts open dumping of waste
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1 in violation of subsection (a) of Section 21 of this
2 Act.
3 (2) (A) A person who is convicted of a violation of
4 item (A) of subdivision (1) of this subsection is
5 guilty of a Class 4 felony for a first offense and,
6 in addition to any other penalties provided by law,
7 is subject to a fine not to exceed $25,000 for each
8 day of violation. A person who is convicted of a
9 violation of item (A) of subdivision (1) of this
10 subsection is guilty of a Class 3 felony for a
11 second or subsequent offense and, in addition to any
12 other penalties provided by law, is subject to a
13 fine not to exceed $50,000 for each day of
14 violation.
15 (B) A person who is convicted of a violation
16 of item (B) of subdivision (1) of this subsection is
17 guilty of a Class A misdemeanor. However, a person
18 who is convicted of a second or subsequent violation
19 of item (B) of subdivision (1) of this subsection
20 for the open dumping of waste in a quantity that
21 exceeds 250 cubic feet is guilty of a Class 4 felony
22 and, in addition to any other penalties provided by
23 law, is subject to a fine not to exceed $5,000 for
24 each day of violation.
25 (Source: P.A. 89-235, eff. 8-4-95; 90-219, eff. 7-25-97;
26 90-344, eff. 1-1-98; 90-502, eff. 8-19-97; revised 10-27-97.)
27 Section 134. The Illinois Solid Waste Management Act is
28 amended by changing Section 3 as follows:
29 (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
30 Sec. 3. State agency materials recycling program.
31 (a) All State agencies responsible for the maintenance
32 of public lands in the State shall, to the maximum extent
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1 feasible, give due consideration and preference to the use of
2 compost materials in all land maintenance activities which
3 are to be paid with public funds.
4 (b) The Department of Central Management Services, in
5 coordination with the Department of Commerce and Community
6 Affairs, shall implement waste reduction programs, including
7 source separation and collection, for office wastepaper,
8 corrugated containers, newsprint and mixed paper, in all
9 State buildings as appropriate and feasible. Such waste
10 reduction programs shall be designed to achieve waste
11 reductions of at least 25% of all such waste by December 31,
12 1995, and at least 50% of all such waste by December 31,
13 2000. Any source separation and collection program shall
14 include, at a minimum, procedures for collecting and storing
15 recyclable materials, bins or containers for storing
16 materials, and contractual or other arrangements with buyers
17 of recyclable materials. If market conditions so warrant,
18 the Department of Central Management Services, in
19 coordination with the Department of Commerce and Community
20 Affairs, may modify programs developed pursuant to this
21 Section.
22 The Department of Commerce and Community Affairs shall
23 conduct waste categorization studies of all State facilities
24 for calendar years 1991, 1995 and 2000. Such studies shall
25 be designed to assist the Department of Central Management
26 Services to achieve the waste reduction goals established in
27 this subsection.
28 (c) Each State agency shall, upon consultation with the
29 Department of Commerce and Community Affairs, periodically
30 review its procurement procedures and specifications related
31 to the purchase of products or supplies. Such procedures and
32 specifications shall be modified as necessary to require the
33 procuring agency to seek out products and supplies that
34 contain recycled materials, and to ensure that purchased
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1 products or supplies are reusable, durable or made from
2 recycled materials whenever economically and practically
3 feasible. In choosing among products or supplies that
4 contain recycled material, consideration shall be given to
5 products and supplies with the highest recycled material
6 content that is consistent with the effective and efficient
7 use of the product or supply.
8 (d) Wherever economically and practically feasible, the
9 Department of Central Management Services shall procure
10 recycled paper and paper products as follows:
11 (1) Beginning July 1, 1989, at least 10% 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 (2) Beginning July 1, 1992, at least 25% 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 (3) Beginning July 1, 1996, at least 40% 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 (4) Beginning July 1, 2000, at least 50% of the
24 total dollar value of paper and paper products purchased
25 by the Department of Central Management Services shall be
26 recycled paper and paper products.
27 (e) Paper and paper products purchased from private
28 vendors pursuant to printing contracts are not considered
29 paper products for the purposes of subsection (d). However,
30 the Department of Central Management Services shall report to
31 the General Assembly on an annual basis the total dollar
32 value of printing contracts awarded to private sector vendors
33 that included the use of recycled paper.
34 (f)(1) Wherever economically and practically feasible,
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1 the recycled paper and paper products referred to in
2 subsection (d) shall contain postconsumer or recovered
3 paper materials as specified by paper category in this
4 subsection:
5 (i) Recycled high grade printing and writing
6 paper shall contain at least 50% recovered paper
7 material. Such recovered paper material, until July
8 1, 1994, shall consist of at least 20% deinked stock
9 or postconsumer material; and beginning July 1,
10 1994, shall consist of at least 25% deinked stock or
11 postconsumer material; and beginning July 1, 1996,
12 shall consist of at least 30% deinked stock or
13 postconsumer material; and beginning July 1, 1998,
14 shall consist of at least 40% deinked stock or
15 postconsumer material; and beginning July 1, 2000,
16 shall consist of at least 50% deinked stock or
17 postconsumer material.
18 (ii) Recycled tissue products, until July 1,
19 1994, shall contain at least 25% postconsumer
20 material; and beginning July 1, 1994, shall contain
21 at least 30% postconsumer material; and beginning
22 July 1, 1996, shall contain at least 35%
23 postconsumer material; and beginning July 1, 1998,
24 shall contain at least 40% postconsumer material;
25 and beginning July 1, 2000, shall contain at least
26 45% postconsumer material.
27 (iii) Recycled newsprint, until July 1, 1994,
28 shall contain at least 40% postconsumer material;
29 and beginning July 1, 1994, shall contain at least
30 50% postconsumer material; and beginning July 1,
31 1996, shall contain at least 60% postconsumer
32 material; and beginning July 1, 1998, shall contain
33 at least 70% postconsumer material; and beginning
34 July 1, 2000, shall contain at least 80%
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1 postconsumer material.
2 (iv) Recycled unbleached packaging, until July
3 1, 1994, shall contain at least 35% postconsumer
4 material; and beginning July 1, 1994, shall contain
5 at least 40% postconsumer material; and beginning
6 July 1, 1996, shall contain at least 45%
7 postconsumer material; and beginning July 1, 1998,
8 shall contain at least 50% postconsumer material;
9 and beginning July 1, 2000, shall contain at least
10 55% postconsumer material.
11 (v) Recycled paperboard, until July 1, 1994,
12 shall contain at least 80% postconsumer material;
13 and beginning July 1, 1994, shall contain at least
14 85% postconsumer material; and beginning July 1,
15 1996, shall contain at least 90% postconsumer
16 material; and beginning July 1, 1998, shall contain
17 at least 95% postconsumer material.
18 (2) For the purposes of this Section, "postconsumer
19 material" includes:
20 (i) paper, paperboard, and fibrous wastes from
21 retail stores, office buildings, homes, and so
22 forth, after the waste has passed through its end
23 usage as a consumer item, including used corrugated
24 boxes, old newspapers, mixed waste paper, tabulating
25 cards, and used cordage; and
26 (ii) all paper, paperboard, and fibrous wastes
27 that are diverted or separated from the municipal
28 solid waste stream.
29 (3) For the purposes of this Section, "recovered
30 paper material" includes:
31 (i) postconsumer material;
32 (ii) dry paper and paperboard waste generated
33 after completion of the papermaking process (that
34 is, those manufacturing operations up to and
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1 including the cutting and trimming of the paper
2 machine reel into smaller rolls or rough sheets),
3 including envelope cuttings, bindery trimmings, and
4 other paper and paperboard waste resulting from
5 printing, cutting, forming, and other converting
6 operations, or from bag, box and carton
7 manufacturing, and butt rolls, mill wrappers, and
8 rejected unused stock; and
9 (iii) finished paper and paperboard from
10 obsolete inventories of paper and paperboard
11 manufacturers, merchants, wholesalers, dealers,
12 printers, converters, or others.
13 (g) The Department of Central Management Services may
14 adopt regulations to carry out the provisions and purposes of
15 this Section.
16 (h) Every State agency shall, in its procurement
17 documents, specify that, whenever economically and
18 practically feasible, a product to be procured must consist,
19 wholly or in part, of recycled materials, or be recyclable or
20 reusable in whole or in part. When applicable, if state
21 guidelines are not already prescribed, State agencies shall
22 follow USEPA guidelines for federal procurement.
23 (i) All State agencies shall cooperate with the
24 Department of Central Management Services in carrying out
25 this Section. The Department of Central Management Services
26 may enter into cooperative purchasing agreements with other
27 governmental units in order to obtain volume discounts, or
28 for other reasons in accordance with the Governmental Joint
29 Purchasing Act, or in accordance with the Intergovernmental
30 Cooperation Act if governmental units of other states or the
31 federal government are involved.
32 (j) The Department of Central Management Services shall
33 submit an annual report to the General Assembly concerning
34 its implementation of the State's collection and recycled
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1 paper procurement programs. This report shall include a
2 description of the actions that the Department of Central
3 Management Services has taken in the previous fiscal year to
4 implement this Section. This report shall be submitted on or
5 before November 1 of each year.
6 (k) The Department of Central Management Services, in
7 cooperation with all other appropriate departments and
8 agencies of the State, shall institute whenever economically
9 and practically feasible the use of re-refined motor oil in
10 all State-owned motor vehicles and the use of remanufactured
11 and retread tires whenever such use is practical, beginning
12 no later than July 1, 1992.
13 (l) (Blank).
14 (m) The Department of Central Management Services, in
15 coordination with the Department of Commerce and Community
16 Affairs, shall implement an aluminum can recycling program in
17 all State buildings within 270 days of the effective date of
18 this amendatory Act of 1997. The program shall provide for
19 (1) the collection and storage of used aluminum cans in bins
20 or other appropriate containers made reasonably available to
21 occupants and visitors of State buildings and (2) the sale of
22 used aluminum cans to buyers of recyclable materials.
23 Proceeds from the sale of used aluminum cans shall be
24 deposited into I-CYCLE accounts maintained in the State
25 Surplus Property Revolving Fund and, subject to
26 appropriation, shall be used by the Department of Central
27 Management Services and any other State agency to offset the
28 costs of implementing the aluminum can recycling program
29 under this Section.
30 All State agencies having an aluminum can recycling
31 program in place shall continue with their current plan. If a
32 State agency has an existing recycling program in place,
33 proceeds from the aluminum can recycling program may be
34 retained and distributed pursuant to that program, otherwise
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1 all revenue resulting from these programs shall be forwarded
2 to Central Management Services, I-CYCLE for placement into
3 the appropriate account within the State Surplus Property
4 Revolving Fund, minus any operating costs associated with the
5 program.
6 (Source: P.A. 89-445, eff. 2-7-96; 90-180, eff. 7-23-97;
7 90-372, eff. 7-1-98; revised 11-18-97.)
8 Section 135. The Illinois Groundwater Protection Act is
9 amended by changing Section 8 as follows:
10 (415 ILCS 55/8) (from Ch. 111 1/2, par. 7458)
11 Sec. 8. (a) The Agency, after consultation with the
12 Committee and the Council, shall propose regulations
13 establishing comprehensive water quality standards which are
14 specifically for the protection of groundwater. In preparing
15 such regulations, the Agency shall address, to the extent
16 feasible, those contaminants which have been found in the
17 groundwaters of the State and which are known to cause, or
18 are suspected of causing, cancer, birth defects, or any other
19 adverse effect on human health according to nationally
20 accepted guidelines. Such regulations shall be submitted to
21 the Board by July 1, 1989.
22 (b) Within 2 years after the date upon which the Agency
23 files the proposed regulations, the Board shall promulgate
24 the water quality standards for groundwater. In promulgating
25 these regulations, the Board shall, in addition to the
26 factors set forth in Title VII of the Environmental
27 Protection Act, consider the following:
28 (1) recognition that groundwaters differ in many
29 important respects from surface waters, including water
30 quality, rate of movement, direction of flow,
31 accessibility, susceptibility to pollution, and use;
32 (2) classification of groundwaters on an
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1 appropriate basis, such as their utility as a resource or
2 susceptibility susceptability to contamination;
3 (3) preference for numerical water quality
4 standards, where possible, over narrative standards,
5 especially where specific contaminants have been commonly
6 detected in groundwaters or where federal drinking water
7 levels or advisories are available;
8 (4) application of nondegradation provisions for
9 appropriate groundwaters, including notification
10 limitations to trigger preventive response activities;
11 (5) relevant experiences from other states where
12 groundwater protection programs have been implemented;
13 and
14 (6) existing methods of detecting and quantifying
15 contaminants with reasonable analytical certainty.
16 (c) To provide a process to expedite promulgation of
17 groundwater quality standards, the provisions of this Section
18 shall be exempt from the requirements of subsection (b) of
19 Section 27 of the "Environmental Protection Act", approved
20 June 29, 1970, as amended; and shall be exempt from the
21 provisions of Sections 4 and 5 of "An Act in relation to
22 natural resources, research, data collection and
23 environmental studies", approved July 1, 1978, as amended.
24 (d) The Department of Natural Resources, with the
25 cooperation of the Committee and the Agency, shall conduct a
26 study of the economic impact of the regulations developed
27 pursuant to this Section. The study shall include, but need
28 not be limited to, consideration of the criteria established
29 in subsection (a) of Section 4 of "An Act in relation to
30 natural resources, research, data collection and
31 environmental studies", approved July 1, 1978, as amended.
32 This study shall be conducted concurrently with the
33 development of the regulations developed pursuant to this
34 Section. Work on this study shall commence as soon as is
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1 administratively practicable after the Agency begins
2 development of the regulations. The study shall be submitted
3 to the Board no later than 60 days after the proposed
4 regulations are filed with the Board.
5 The Department shall consult with the Economic Technical
6 Advisory Committee during the development of the regulations
7 and the economic impact study required in this Section and
8 shall consider the comments of the Committee in the study.
9 (e) The Board may combine public hearings on the
10 economic impact study conducted by the Department with any
11 hearings required under Board rules.
12 (Source: P.A. 89-445, eff. 2-7-96; revised 7-7-97.)
13 Section 136. The Illinois Pesticide Act is amended by
14 changing Section 23 as follows:
15 (415 ILCS 60/23) (from Ch. 5, par. 823)
16 Sec. 23. Subpoenas. The Director may issue subpoenas to
17 compel the attendance of witnesses or the production of
18 books, documents, records, or other information in the State
19 at any hearing affecting the privilege granted by license,
20 certification, registration or permit issued under provisions
21 of this Act.
22 (Source: P.A. 81-197; revised 12-18-97.)
23 Section 137. The Recycled Newsprint Use Act is amended
24 by changing Section 2013 as follows:
25 (415 ILCS 110/2013) (from Ch. 96 1/2, par. 9763)
26 Sec. 2013. Mandatory recycling.
27 (a) If the Department determines that the 1993 annual
28 aggregate average of recycled fiber usage does not meet or
29 exceed the goal established in Section 2003 3 of this Act,
30 the provisions of this Section shall be implemented.
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1 (b) During the year 1994 every consumer of newsprint in
2 Illinois shall be required to ensure that its recycled fiber
3 usage is at least 28%, unless he complies with subsection (c)
4 or (d).
5 (c) If recycled content newsprint cannot be found that
6 meets quality standards established by the Department, or if
7 recycled content newsprint cannot be found in sufficient
8 quantities to meet recycled fiber usage requirements within a
9 given year, or if recycled newsprint cannot be found at a
10 price comparable to that of newsprint made from 100% virgin
11 fibers, the consumer of newsprint shall so certify to the
12 Department and provide the Department with the specific
13 reasons for failing to meet recycled fiber usage
14 requirements.
15 (d) A consumer of newsprint who has made previous
16 contracts with newsprint suppliers before January 1, 1991,
17 may be exempt from the requirements of this Act if those
18 requirements are in conflict with the agreements set forth in
19 the contract. The consumer of newsprint must conform to the
20 conditions of this Act immediately upon expiration or
21 nullification of the contract. Contracts may not be entered
22 into or renewed as an attempt to evade the requirements of
23 this Act.
24 (e) Any consumer of newsprint who knowingly provides the
25 Department with a false or misleading certificate concerning
26 why the consumer of newsprint was unable to obtain the
27 minimum amount of recycled content newsprint needed to
28 achieve the recycled fiber usage requirements, commits a
29 Class C misdemeanor, and the Department, within 30 days of
30 making this determination, shall refer the false or
31 misleading certificate to the Attorney General for
32 prosecution.
33 (f) Any person who knowingly violates subsection (b) of
34 this Section is guilty of a business offense punishable by a
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1 fine of not more than $1,000.
2 (Source: P.A. 86-1443; revised 12-18-97.)
3 Section 138. The Illinois Low-Level Radioactive Waste
4 Management Act is amended by changing Sections 13 and 19 as
5 follows:
6 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
7 Sec. 13. Waste fees.
8 (a) The Department shall collect a fee from each
9 generator of low-level radioactive wastes in this State.
10 Except as provided in subsections (b), (c), and (d), the
11 amount of the fee shall be $50.00 or the following amount,
12 whichever is greater:
13 (1) $1 per cubic foot of waste shipped for storage,
14 treatment or disposal if storage of the waste for
15 shipment occurred prior to September 7, 1984;
16 (2) $2 per cubic foot of waste stored for shipment
17 if storage of the waste occurs on or after September 7,
18 1984, but prior to October 1, 1985;
19 (3) $3 per cubic foot of waste stored for shipment
20 if storage of the waste occurs on or after October 1,
21 1985;
22 (4) $2 per cubic foot of waste shipped for storage,
23 treatment or disposal if storage of the waste for
24 shipment occurs on or after September 7, 1984 but prior
25 to October 1, 1985, provided that no fee has been
26 collected previously for storage of the waste;.
27 (5) $3 per cubic foot of waste shipped for storage,
28 treatment or disposal if storage of the waste for
29 shipment occurs on or after October 1, 1985, provided
30 that no fees have been collected previously for storage
31 of the waste.
32 Such fees shall be collected annually or as determined by
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1 the Department and shall be deposited in the low-level
2 radioactive waste funds as provided in Section 14 of this
3 Act. Notwithstanding any other provision of this Act, no fee
4 under this Section shall be collected from a generator for
5 waste generated incident to manufacturing before December 31,
6 1980, and shipped for disposal outside of this State before
7 December 31, 1992, as part of a site reclamation leading to
8 license termination.
9 (b) Each nuclear power reactor in this State for which
10 an operating license has been issued by the Nuclear
11 Regulatory Commission shall not be subject to the fee
12 required by subsection (a) with respect to (1) waste stored
13 for shipment if storage of the waste occurs on or after
14 January 1, 1986; and (2) waste shipped for storage, treatment
15 or disposal if storage of the waste for shipment occurs on or
16 after January 1, 1986. In lieu of the fee, each reactor
17 shall be required to pay an annual fee of $90,000 for the
18 treatment, storage and disposal of low-level radioactive
19 waste. Beginning with State fiscal year 1986 and through
20 State fiscal year 1997, fees shall be due and payable on
21 January 1st of each year. For State fiscal year 1998 and all
22 subsequent State fiscal years, fees shall be due and payable
23 on July 1 of each fiscal year. The fee due on July 1, 1997
24 shall be payable on that date, or within 10 days after the
25 effective date of this amendatory Act of 1997, whichever is
26 later.
27 After September 15, 1987, for each nuclear power reactor
28 for which an operating license is issued after January 1, the
29 owner of each such reactor shall be required to pay for the
30 year in which the operating license is issued a prorated fee
31 equal to $246.57 multiplied by the number of days in the year
32 during which the nuclear power reactor will be licensed. The
33 prorated fee shall be due and payable 30 days after the
34 operating license is issued.
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1 (c) In each of State fiscal years 1988, 1989 and 1990,
2 in addition to the fee imposed in subsections (b) and (d),
3 the owner of each nuclear power reactor in this State for
4 which an operating license has been issued by the Nuclear
5 Regulatory Commission shall pay a fee of $408,000. If an
6 operating license is issued during one of those 3 fiscal
7 years, the owner shall pay a prorated amount of the fee equal
8 to $1,117.80 multiplied by the number of days in the fiscal
9 year during which the nuclear power reactor was licensed.
10 The fee shall be due and payable as follows: in fiscal
11 year 1988, $204,000 shall be paid on October 1, 1987 and
12 $102,000 shall be paid on each of January 1, 1988 and April
13 1, 1988; in fiscal year 1989, $102,000 shall be paid on each
14 of July 1, 1988, October 1, 1988, January 1, 1989 and April
15 1, 1989; and in fiscal year 1990, $102,000 shall be paid on
16 each of July 1, 1989, October 1, 1989, January 1, 1990 and
17 April 1, 1990. If the operating license is issued during one
18 of the 3 fiscal years, the owner shall be subject to those
19 payment dates, and their corresponding amounts, on which the
20 owner possesses an operating license and, on June 30 of the
21 fiscal year of issuance of the license, whatever amount of
22 the prorated fee remains outstanding.
23 All of the amounts collected by the Department under this
24 subsection (c) shall be deposited into the Low-Level
25 Radioactive Waste Facility Development and Operation Fund
26 created under subsection (a) of Section 14 of this Act and
27 expended, subject to appropriation, for the purposes provided
28 in that subsection.
29 (d) In addition to the fees imposed in subsections (b)
30 and (c), the owners of nuclear power reactors in this State
31 for which operating licenses have been issued by the Nuclear
32 Regulatory Commission shall pay the following fees for each
33 such nuclear power reactor: for State fiscal year 1989,
34 $325,000 payable on October 1, 1988, $162,500 payable on
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1 January 1, 1989, and $162,500 payable on April 1, 1989; for
2 State fiscal year 1990, $162,500 payable on July 1, $300,000
3 payable on October 1, $300,000 payable on January 1 and
4 $300,000 payable on April 1; for State fiscal year 1991,
5 either (1) $150,000 payable on July 1, $650,000 payable on
6 September 1, $675,000 payable on January 1, and $275,000
7 payable on April 1, or (2) $150,000 on July 1, $130,000 on
8 the first day of each month from August through December,
9 $225,000 on the first day of each month from January through
10 March and $92,000 on the first day of each month from April
11 through June; for State fiscal year 1992, $260,000 payable on
12 July 1, $900,000 payable on September 1, $300,000 payable on
13 October 1, $150,000 payable on January 1, and $100,000
14 payable on April 1; for State fiscal year 1993, $100,000
15 payable on July 1, $230,000 payable on August 1 or within 10
16 days after July 31, 1992, whichever is later, and $355,000
17 payable on October 1; for State fiscal year 1994, $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 1995, $100,000
20 payable on July 1, $75,000 payable on October 1, and $75,000
21 payable on April 1, for State fiscal year 1996, $100,000
22 payable on July 1, $75,000 payable on October 1, and $75,000
23 payable on April 1; for State fiscal year 1998 and subsequent
24 fiscal years, $30,000, payable on July 1 of each fiscal year.
25 The fee due on July 1, 1997 shall be payable on that date or
26 within 10 days after the effective date of this amendatory
27 Act of 1997, whichever is later. If the payments under this
28 subsection for fiscal year 1993 due on January 1, 1993, or on
29 April 1, 1993, or both, were due before the effective date of
30 this amendatory Act of the 87th General Assembly, then those
31 payments are waived and need not be made.
32 All of the amounts collected by the Department under this
33 subsection (d) shall be deposited into the Low-Level
34 Radioactive Waste Facility Development and Operation Fund
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1 created pursuant to subsection (a) of Section 14 of this Act
2 and expended, subject to appropriation, for the purposes
3 provided in that subsection.
4 All payments made by licensees under this subsection (d)
5 for fiscal year 1992 that are not appropriated and obligated
6 by the Department above $1,750,000 per reactor in fiscal year
7 1992, shall be credited to the licensees making the payments
8 to reduce the per reactor fees required under this subsection
9 (d) for fiscal year 1993.
10 (e) The Department shall promulgate rules and
11 regulations establishing standards for the collection of the
12 fees authorized by this Section. The regulations shall
13 include, but need not be limited to:
14 (1) the records necessary to identify the amounts
15 of low-level radioactive wastes produced;
16 (2) the form and submission of reports to accompany
17 the payment of fees to the Department; and
18 (3) the time and manner of payment of fees to the
19 Department, which payments shall not be more frequent
20 than quarterly.
21 (f) Any operating agreement entered into under
22 subsection (b) of Section 5 of this Act between the
23 Department and any disposal facility contractor shall,
24 subject to the provisions of this Act, authorize the
25 contractor to impose upon and collect from persons using the
26 disposal facility fees designed and set at levels reasonably
27 calculated to produce sufficient revenues (1) to pay all
28 costs and expenses properly incurred or accrued in
29 connection with, and properly allocated to, performance of
30 the contractor's obligations under the operating agreement,
31 and (2) to provide reasonable and appropriate compensation or
32 profit to the contractor under the operating agreement. For
33 purposes of this subsection (f), the term "costs and
34 expenses" may include, without limitation, (i) direct and
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1 indirect costs and expenses for labor, services, equipment,
2 materials, insurance and other risk management costs,
3 interest and other financing charges, and taxes or fees in
4 lieu of taxes; (ii) payments to or required by the United
5 States, the State of Illinois or any agency or department
6 thereof, the Central Midwest Interstate Low-Level Radioactive
7 Waste Compact, and subject to the provisions of this Act, any
8 unit of local government; (iii) amortization of capitalized
9 costs with respect to the disposal facility and its
10 development, including any capitalized reserves; and (iv)
11 payments with respect to reserves, accounts, escrows or trust
12 funds required by law or otherwise provided for under the
13 operating agreement.
14 (g) (Blank).
15 (h) (Blank)..
16 (i) (Blank)..
17 (j) (Blank).
18 (j-5) Prior to commencement of facility operations, the
19 Department shall adopt rules providing for the establishment
20 and collection of fees and charges with respect to the use of
21 the disposal facility as provided in subsection (f) of this
22 Section.
23 (k) The regional disposal facility shall be subject to
24 ad valorem real estate taxes lawfully imposed by units of
25 local government and school districts with jurisdiction over
26 the facility. No other local government tax, surtax, fee or
27 other charge on activities at the regional disposal facility
28 shall be allowed except as authorized by the Department.
29 (l) The Department shall have the power, in the event
30 that acceptance of waste for disposal at the regional
31 disposal facility is suspended, delayed or interrupted, to
32 impose emergency fees on the generators of low-level
33 radioactive waste. Generators shall pay emergency fees within
34 30 days of receipt of notice of the emergency fees. The
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1 Department shall deposit all of the receipts of any fees
2 collected under this subsection into the Low-Level
3 Radioactive Waste Facility Development and Operation Fund
4 created under subsection (b) of Section 14. Emergency fees
5 may be used to mitigate the impacts of the suspension or
6 interruption of acceptance of waste for disposal. The
7 requirements for rulemaking in the Illinois Administrative
8 Procedure Act shall not apply to the imposition of emergency
9 fees under this subsection.
10 (m) The Department shall promulgate any other rules and
11 regulations as may be necessary to implement this Section.
12 (Source: P.A. 90-29, eff. 6-26-97; revised 8-6-97.)
13 (420 ILCS 20/19) (from Ch. 111 1/2, par. 241-19)
14 Sec. 19. Agreement State Status. The Governor, on
15 behalf of this State, is authorized to enter into agreements
16 with the federal government providing for discontinuance of
17 certain of the federal government's responsibilities with
18 respect to low level waste disposal.
19 In accordance with P.L. 86-373, Section 274b of the
20 Atomic Energy Act, and the Notice, published in the Federal
21 Register, Vol. 46, No. 15, January 23, 1981, (7540-7546)
22 "Criteria for Guidance of States and NRC in Discontinuance of
23 NRC Regulatory Authority and Assumption thereof by States
24 through Agreement", the Governor is hereby authorized to
25 enter into Full or Limited Agreement State Status for Low
26 Level Waste Disposal with the federal government for
27 regulatory authority over radioactive byproduct, source and
28 special nuclear material as defined in Section 11e(1) and
29 Section 11e(2) of the Atomic Energy Act.
30 (Source: P.A. 83-991; revised 7-7-97.)
31 Section 139. The Radiation Protection Act of 1990 is
32 amended by changing Sections 15 and 35 as follows:
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1 (420 ILCS 40/15) (from Ch. 111 1/2, par. 210-15)
2 Sec. 15. Radiologic Technologist Accreditation Advisory
3 Board.
4 (a) There shall be created a Radiologic Technologist
5 Accreditation Advisory Board consisting of 13 members to be
6 appointed by the Governor on the basis of demonstrated
7 interest in and capacity to further the purposes of this Act:
8 one physician licensed to practice medicine in all its
9 branches specializing in nuclear medicine; one physician
10 licensed to practice medicine in all its branches
11 specializing in diagnostic radiology; one physician licensed
12 to practice medicine in all its branches specializing in
13 therapeutic radiology; 3 physicians licensed to practice
14 medicine in all its branches who do does not specialize in
15 radiology; one medical radiation physicist; one radiologic
16 technologist (radiography); one radiologic technologist
17 (nuclear medicine); one radiologic technologist (therapy);
18 one chiropractor; one person accredited by the Department to
19 perform a limited scope of diagnostic radiography procedures;
20 and one registered nurse. The Director of the Department of
21 Nuclear Safety or his representative shall be an ex officio
22 member of the Board with voting privileges in case of a tie.
23 The Board may appoint consultants to assist in administering
24 this Act.
25 (b) Any person serving on the Board who is a
26 practitioner of a profession or occupation required to be
27 accredited pursuant to this Act, shall be the holder of an
28 appropriate accreditation issued by the State, except in the
29 case of the initial Board members.
30 (c) Members of the Board shall be appointed for 3 year
31 terms, except that of the initial members, the terms of 5
32 shall expire at the end of the first year, 5 at the end of
33 the second year, and 3 at the end of the third year. Any
34 member appointed to fill a vacancy occurring prior to the
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1 expiration of the term for which his predecessor was
2 appointed shall be appointed for the remainder of such term.
3 No more than 2 successive terms shall be served by a Board
4 member.
5 (d) The Chairman of the Board shall be selected by and
6 from the Board membership.
7 (e) The Board members shall serve without compensation
8 but shall be reimbursed for their actual expenses incurred in
9 line of duty.
10 (f) All members of the Board shall be legal residents of
11 the State and shall have practiced for a minimum period of 2
12 years immediately preceding appointment.
13 (g) The Board shall meet at least once a year, and at
14 other times on the call of the Chairman or by a majority of
15 the Board membership.
16 (h) The Board shall advise, consult with and make
17 recommendations to the Department with respect to
18 accreditation requirements to be promulgated by the
19 Department; however, the actions of the Board shall be
20 advisory only with respect to the Department.
21 (i) Individuals who serve on advisory boards of the
22 Department of Nuclear Safety shall be defended by the
23 Attorney General and indemnified for all actions alleging a
24 violation of any duty arising within the scope of their
25 service on such advisory board. Nothing contained herein
26 shall be deemed to afford defense or indemnification for any
27 willful or wanton violation of law. Such defense and
28 indemnification shall be afforded in accordance with the
29 terms and provisions of "An Act to provide for representation
30 and indemnification in certain civil lawsuits", approved
31 December 3, 1977.
32 (Source: P.A. 86-1341; revised 12-18-97.)
33 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
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1 Sec. 35. Radiation Protection Fund.
2 (a) All moneys received by the Department under this Act
3 shall be deposited in the State Treasury and shall be set
4 apart in a special fund to be known as the "Radiation
5 Protection Fund". All monies within the Radiation Protection
6 Fund shall be invested by the State Treasurer in accordance
7 with established investment practices. Interest earned by
8 such investment shall be returned to the Radiation Protection
9 Fund. Monies deposited in this Fund shall be expended by the
10 Director pursuant to appropriation only to support the
11 activities of the Department under this Act and as provided
12 in the Laser System Act of 1997 and the Radon Industry
13 Licensing Act.
14 (b) On August 15, the effective date of this amendatory
15 Act of 1997, all moneys remaining in the Federal Facilities
16 Compliance Fund shall be transferred to the Radiation
17 Protection Fund.
18 (Source: P.A. 90-209, eff. 7-25-97; 90-262, eff. 7-30-97;
19 90-391, eff. 8-15-97; revised 11-25-97.)
20 Section 140. The Space Heating Safety Act is amended by
21 changing Sections 6 and 8 as follows:
22 (425 ILCS 65/6) (from Ch. 127 1/2, par. 706)
23 Sec. 6. Advertising of kerosene for use in approved
24 portable kerosene heaters.
25 (a) All persons who offer kerosene for sale within this
26 State must post a conspicuous notice visible visable to all
27 purchasers at the place of sale in letters at least 3 inches
28 in height, stating whether the kerosene being sold from the
29 storage facility is graded a 1-k or 2-k as defined by the
30 American Society for Testing and Materials.
31 (b) All persons who offer kerosene graded 2-k for sale
32 within this State must post conspicuously the following
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1 notice, in letters at least 3 inches in height, near the
2 kerosene storage tank, and next to or immediately below any
3 listing or prices for the kerosene: "This is grade 2-k
4 kerosene and it is not to be used in portable unvented
5 kerosene heaters".
6 (Source: P.A. 84-834; revised 7-7-97.)
7 (425 ILCS 65/8) (from Ch. 127 1/2, par. 708)
8 Sec. 8. Regulation of use in multifamily dwellings. The
9 use of approved kerosene fueled heaters shall be permitted in
10 a multifamily dwelling in accordance with the following
11 requirements if:
12 (i) The owner or his designated agent shall have
13 received an authorized permit from the local fire and
14 building authority or the State Fire Marshal.
15 (ii) A central storage area must be provided for the
16 kerosene containers, wherein all containers must be stored,
17 and all refueling of the kerosene heaters must take place.
18 The storage area shall abide by the standards listed in
19 National Fire Protection Association (NFPA) No. Thirty,
20 (1984), Chapter Four "Container and Portable Tank Storage".
21 Such storage area, if under the same roof as the multifamily
22 dwelling, may not have a door opening into the interior of
23 the multifamily dwelling. The storage area must be equipped
24 with both a fire extinguisher meeting the standards listed in
25 NFPA No. Thirty, (1984), Chapter Four "Container and Portable
26 Tank Storage", and smoke detection equipment meeting the
27 requirements of NFPA No. Seventy-four (1984).
28 (iii) If the central storage area is not under the same
29 roof as the multifamily dwelling, the area must meet the
30 standards of the local fire and building authority or the
31 standards established in NFPA No. Thirty (1984), Chapter
32 Four, (1984), "Container and Portable Tank Storage". The
33 central storage area must be equipped with a fire
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1 extinguisher described in subsection (ii) of this Section.
2 (iv) No more than 60 gallons of kerosene fuel may be
3 stored at any time within a central storage area under the
4 same roof as a multifamily dwelling. No more than 250
5 gallons of kerosene fuel may be stored in a central storage
6 area not under the same roof as the multifamily dwelling.
7 (v) In no event may an inhabitant of a multifamily
8 dwelling keep kerosene fuel stored within the living quarters
9 or common area of such entrances and hallways except for fuel
10 contained within the tank of the kerosene heater which cannot
11 be stored or kept in entrances or hallways.
12 (vi) No other combustible items or volatiles including,
13 but not limited to, items such as paint, paint thinner,
14 naphtha naptha, gasoline, diesel fuel, turpentine or items
15 with a flash point below 140 degrees Fahrenheit, may be
16 stored in the same central storage area used for kerosene
17 storage.
18 (Source: P.A. 84-834; revised 7-7-97.)
19 Section 141. The Illinois Hazardous Materials
20 Transportation Act is amended by changing Section 11.1 as
21 follows:
22 (430 ILCS 30/11.1) (from Ch. 95 1/2, par. 700-11.1)
23 Sec. 11.1. (a) Notwithstanding any provision of law to
24 the contrary, no person who provides assistance or advice in
25 mitigating or attempting to mitigate the effects of an actual
26 or threatened discharge of hazardous materials, or in
27 preventing, cleaning up, or disposing of or in attempting to
28 prevent, clean up, or dispose of any such discharge, shall be
29 subject to civil liability or civil penalties of any type
30 growing out of such assistance or advice.
31 (b) The immunities provided in subsection (a) of this
32 Section shall not apply to any person:
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1 1. whose act or omission caused in whole or in part
2 such actual or threatened discharge and who would
3 otherwise be liable therefor; or
4 2. who receives compensation, other than
5 reimbursement for out-of-pocket expenses, for services in
6 rendering such assistance or advice.
7 (c) Nothing contained in subsection (a) of this Section
8 shall be construed to limit or otherwise affect the liability
9 of any person for damages resulting from such person's gross
10 negligence, or from such person's persons's reckless, wanton,
11 or intentional misconduct.
12 (d) This Section shall not apply to hazardous waste as
13 defined in the "Environmental Protection Act", approved June
14 29, 1970, as amended.
15 (Source: P.A. 83-684; revised 7-7-97.)
16 Section 142. The Firearm Owners Identification Card Act
17 is amended by changing Section 8 as follows:
18 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
19 Sec. 8. The Department of State Police has authority to
20 deny an application for or to revoke and seize a Firearm
21 Owner's Identification Card previously issued under this Act
22 only if the Department finds that the applicant or the person
23 to whom such card was issued is or was at the time of
24 issuance:
25 (a) A person under 21 years of age who has been
26 convicted of a misdemeanor other than a traffic offense or
27 adjudged delinquent;
28 (b) A person under 21 years of age who does not have the
29 written consent of his parent or guardian to acquire and
30 possess firearms and firearm ammunition, or whose parent or
31 guardian has revoked such written consent, or where such
32 parent or guardian does not qualify to have a Firearm Owner's
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1 Identification Card;
2 (c) A person convicted of a felony under the laws of
3 this or any other jurisdiction;
4 (d) A person addicted to narcotics;
5 (e) A person who has been a patient of a mental
6 institution within the past 5 years;
7 (f) A person whose mental condition is of such a nature
8 that it poses a clear and present danger to the applicant,
9 any other person or persons or the community;
10 For the purposes of this Section, "mental condition"
11 means a state of mind manifested by violent, suicidal,
12 threatening or assaultive behavior.
13 (g) A person who is mentally retarded;
14 (h) A person who intentionally makes a false statement
15 in the Firearm Owner's Identification Card application;
16 (i) An alien who is unlawfully present in the United
17 States under the laws of the United States;
18 (j) A person who is subject to an existing order of
19 protection prohibiting him or her from possessing a firearm;
20 (k) A person who has been convicted within the past 5
21 years of battery, assault, aggravated assault, violation of
22 an order of protection, or a substantially similar offense in
23 another jurisdiction, in which a firearm was used or
24 possessed; or
25 (l) A person who has been convicted of domestic battery
26 or a substantially similar offense in another jurisdiction
27 committed on or after January 1, 1998; the effective date of
28 this amendatory Act of 1997; or
29 (m) A person who has been convicted within the past 5
30 years of domestic battery or a substantially similar offense
31 in another jurisdiction committed before January 1, 1998; or
32 the effective date of this amendatory Act of 1997.
33 (n) (l) A person who is prohibited from acquiring or
34 possessing firearms or firearm ammunition by any Illinois
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1 State statute or by federal law.
2 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
3 90-493, eff. 1-1-98; revised 11-17-97.)
4 Section 143. The Beef Market Development Act is amended
5 by changing Section 1 as follows:
6 (505 ILCS 25/1) (from Ch. 5, par. 1401)
7 Sec. 1. Legislative Legislature intent. The legislature
8 intends by this Act: to promote the growth of the cattle
9 industry in Illinois, to assure the State and American public
10 an adequate and wholesome food supply and to provide for the
11 general economic welfare of both producers and consumers of
12 beef and the State of Illinois; and to provide the beef
13 cattle production and feeding industry of this State with
14 authority to establish a self-financed, self-governed program
15 to help develop, maintain and expand the State, national and
16 foreign markets for beef and beef products produced,
17 processed or manufactured in this State.
18 (Source: P.A. 83-84; revised 12-18-97.)
19 Section 144. The Illinois Pseudorabies Control Act is
20 amended by changing Section 7 as follows:
21 (510 ILCS 90/7) (from Ch. 8, par. 807)
22 Sec. 7. The Department of Agriculture is authorized to
23 cooperate with the United States Department of Agriculture in
24 the control of pseudorabies in swine in this State.
25 The Department may recognize areas, both within and
26 outside of the State, as pseudorabies free or low prevalence
27 prevalance areas in accordance with the recommendations of
28 the National Pseudorabies Control Board or any other
29 nationally recognized plan.
30 (Source: P.A. 86-231; revised 7-7-97.)
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1 Section 145. The Fish and Aquatic Life Code is amended
2 by changing Section 15-32 as follows:
3 (515 ILCS 5/15-32) (from Ch. 56, par. 15-32)
4 Sec. 15-32. Yellow perch and bloater chub; commercial
5 licenses.
6 (a) The Department shall issue 5 commercial licenses for
7 taking yellow perch and bloater chub. Five licenses shall be
8 issued for the fishing year that began April 1, 1992, and the
9 Department shall issue licenses from time to time so that 5
10 valid licenses are always outstanding at any one time. All
11 licenses issued under this Section shall be valid for a
12 period of 3 years. The catch limits established by the
13 Department for the taking of yellow perch and bloater chub
14 shall be the same for all active licensees.
15 (b) Each commercial commerical license for the 1992
16 fishing year and thereafter shall be issued as follows:
17 (1) As to all individuals or corporations who held
18 valid licenses as of April 1, 1992, the licenses shall
19 remain in force and effect.
20 (2) Thereafter, licenses shall be issued as
21 necessary to reach and maintain a total of 5 outstanding
22 licenses as follows:
23 (A) First, to any individual or corporation as
24 described in Section 15-5 who was licensed through a
25 harvest contract pursuant to the public lottery
26 drawing conducted by the Director on June 27, 1975,
27 but such individual or corporation did not hold a
28 valid commercial commerical license, for whatever
29 reason, on April 1, 1992; provided, that the
30 contractor shall have served any stated period of
31 any license suspension or revocation established by
32 an order of the Director. Among those individuals or
33 corporations that meet the criteria under this item
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1 (A), priority shall be given to the individual or
2 corporation that has been without a valid commercial
3 commerical license for the longest period of time.
4 (B) Second, to any other individual or
5 corporate entrant who had his specific name drawn in
6 the public lottery drawing conducted by the Director
7 on June 27, 1975, but was not licensed as a harvest
8 contractor at that time or thereafter.
9 (C) Third, if there are insufficient license
10 applicants available at the beginning of any fishing
11 year who meet the requirements for licensure under
12 this Section for the Director to issue 5 licenses,
13 the Director shall order and conduct a new public
14 lottery drawing before the commencement of the
15 fishing year and shall draw the his applicant list
16 from a roster of qualified operators.
17 (Source: P.A. 87-869; revised 7-7-97.)
18 Section 146. The Wildlife Code is amended by changing
19 Section 2.26 as follows:
20 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
21 Sec. 2.26. Any person attempting to take deer shall
22 first obtain a "Deer Hunting Permit" in accordance with
23 prescribed regulations set forth in an Administrative Rule.
24 Deer Hunting Permits shall be issued by the Department. The
25 fee for a Deer Hunting Permit to take deer with either bow
26 and arrow or gun shall not exceed $15.00 for residents of the
27 State. The Department may by administrative rule provide for
28 non-resident deer hunting permits for which the fee will not
29 exceed $100 except as provided below for non-resident
30 landowners. Permits shall be issued without charge to:
31 (a) Illinois landowners residing in Illinois who
32 own at least 40 acres of Illinois land and wish to hunt
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1 their land only,
2 (b) resident tenants of at least 40 acres of
3 commercial agricultural land where they will hunt, and
4 (c) shareholders of a corporation which owns at
5 least 40 acres of land in a county in Illinois who wish
6 to hunt on the corporation's land only. One permit shall
7 be issued without charge to one shareholder for each 40
8 acres of land owned by the corporation in a county;
9 however, the number of permits issued without charge to
10 shareholders of any corporation in any county shall not
11 exceed 15.
12 Bona fide landowners or tenants who do not wish to hunt
13 only on the land they own, rent or lease or shareholders who
14 do not wish to hunt only on the land owned by the corporation
15 shall be charged the same fee as the applicant who is not a
16 landowner, tenant or shareholder. Nonresidents of Illinois
17 who own at least 40 acres of land and wish to hunt on their
18 land only shall be charged a fee set by administrative rule.
19 The method for obtaining these permits shall be prescribed by
20 administrative rule.
21 The deer hunting permit issued without fee shall be valid
22 on all farm lands which the person to whom it is issued owns,
23 leases or rents, except that in the case of a permit issued
24 to a shareholder, the permit shall be valid on all lands
25 owned by the corporation in the county.
26 The Department may set aside, in accordance with the
27 prescribed regulations set forth in an administrative rule of
28 the Department, a limited number of Deer Hunting Permits to
29 be available to persons providing evidence of a contractual
30 arrangement to hunt on properties controlled by a bona fide
31 Illinois outfitter. The number of available permits shall be
32 based on a percentage of unfilled permits remaining after the
33 previous year's lottery. Eligible outfitters shall be those
34 having membership in, and accreditation conferred by, a
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1 professional association of outfitters approved by the
2 Department. The association shall be responsible for setting
3 professional standards and codes of conduct for its
4 membership, subject to Departmental approval. In addition to
5 the fee normally charged for resident and nonresident
6 permits, a reservation fee not to exceed $200 shall be
7 charged to the outfitter for each permit set aside in
8 accordance with this Act. The reservation fee shall be
9 deposited into the Wildlife and Fish Fund.
10 The standards and specifications for use of guns and bow
11 and arrow for deer hunting shall be established by
12 administrative rule.
13 No person may have in his possession any firearm not
14 authorized by administrative rule for a specific hunting
15 season when taking deer.
16 Persons having a firearm deer hunting permit shall be
17 permitted to take deer only during the period from 1/2 hour
18 before sunrise to sunset, and only during those days for
19 which an open season is established for the taking of deer by
20 use of shotgun or muzzle loading rifle.
21 Persons having an archery deer hunting permit shall be
22 permitted to take deer only during the period from 1/2 hour
23 before sunrise to 1/2 hour after sunset, and only during
24 those days for which an open season is established for the
25 taking of deer by use of bow and arrow.
26 It shall be unlawful for any person to take deer by use
27 of dogs, horses, automobiles, aircraft or other vehicles, or
28 by the use of salt or bait of any kind. An area is
29 considered as baited during the presence of and for 10
30 consecutive days following the removal of bait.
31 It shall be unlawful to possess or transport any wild
32 deer which has been injured or killed in any manner upon a
33 public highway or public right-of-way of this State unless
34 exempted by administrative rule.
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1 Persons hunting deer must have gun unloaded and no bow
2 and arrow device shall be carried with the arrow in the
3 nocked position during hours when deer hunting is unlawful.
4 It shall be unlawful for any person, having taken the
5 legal limit of deer by gun, to further participate with gun
6 in any deer hunting party.
7 It shall be unlawful for any person, having taken the
8 legal limit of deer by bow and arrow, to further participate
9 with bow and arrow in any deer hunting party.
10 The Department may prohibit upland game hunting during
11 the gun deer season by administrative rule.
12 It shall be legal for handicapped persons, as defined in
13 Section 2.33, to utilize a crossbow device, as defined in
14 Department rules, to take deer.
15 Any person who violates any of the provisions of this
16 Section, including administrative rules, shall be guilty of a
17 Class B misdemeanor.
18 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
19 90-490, eff. 8-17-97; revised 10-23-97.)
20 Section 147. The Illinois Highway Code is amended by
21 changing Sections 6-207 and 6-512 as follows:
22 (605 ILCS 5/6-207) (from Ch. 121, par. 6-207)
23 Sec. 6-207. Compensation of highway commissioner and
24 other officers.
25 (a) Unless an annual salary is fixed as provided in this
26 Section, the highway commissioner shall receive for each day
27 he or she is necessarily employed in the discharge of
28 official duties a per diem to be fixed by the county board in
29 road districts in counties not under township organization,
30 by the highway board of trustees in consolidated township
31 road districts, and by the board of town trustees in
32 districts composed of a single township. Before any per diem
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1 is paid, a sworn statement shall be filed by the commissioner
2 in the office of the district clerk, showing the number of
3 days the commissioner was employed, the kind of employment,
4 and the dates of employment.
5 The boards specified in the preceding paragraph may,
6 instead of a per diem, fix an annual salary for the highway
7 commissioner at not less than $3,000, to be paid in equal
8 monthly installments. The boards shall fix the compensation
9 of the commissioner, whether an annual salary or a per diem,
10 on or before the last Tuesday in March before the date of
11 election of the commissioner.
12 If the term of any highway commissioner is extended by
13 operation of law, the board that fixes the commissioner's
14 rate of compensation may increase the rate of the
15 compensation, within the limits provided in this Section, in
16 relation to that portion of the commissioner's term that
17 extends beyond the period for which he or she was elected.
18 The board of town trustees shall order payment of the
19 amount of per diem claimed in the highway commissioner's
20 sworn statement at the first regular meeting following the
21 filing of the statement. In consolidated township road
22 districts, the compensation and the expenses of the offices
23 of the highway commissioner, district clerk, and district
24 treasurer shall be audited by the highway board of trustees.
25 The compensation of the highway commissioner shall be
26 paid from the general township fund in districts comprised of
27 a single township and shall be paid from the regular road
28 fund in all other districts having highway commissioners;
29 however, in districts comprised of a single township, a
30 portion (not exceeding 50%) of the highway commissioner's
31 salary may be paid from the corporate road and bridge fund or
32 the permanent road fund if approved by the township board and
33 the highway commissioner.
34 (b) The officers composing the highway board of trustees
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1 in consolidated township road districts shall be entitled to
2 $3 per day for attending meetings of the board, to be paid
3 out of the town fund of their respective townships. In
4 consolidated township road districts, the compensation of the
5 district clerk and the district treasurer shall be paid out
6 of the road fund of the district.
7 (c) The district clerk shall receive:
8 (1) for each day he or she is necessarily employed
9 in the discharge of official duties, a per diem to be
10 fixed by the county board in road districts in counties
11 not under township organization and by the highway board
12 of trustees in consolidated township road districts; or
13 (2) $4 per day for each day he or she shall be
14 required to meet with the highway commissioner and the
15 same amount per day for the time he or she shall be
16 employed in canvassing the returns of elections. The
17 district clerk shall receive no other per diem. In
18 addition to the above, the district clerk shall also
19 receive fees for the following services, to be paid out
20 of the district road fund, except where otherwise
21 specified:
22 (A) For serving notice of election or
23 appointment upon district officers as required by
24 this Code, 25 cents each.
25 (B) For posting up notices required by law, 25
26 cents each.
27 (C) For copying any record in the district
28 clerk's office and certifying to the copy, 10 cents
29 for every 100 words, to be paid by the person
30 applying for the certified copy.
31 (d) Except as otherwise provided in this Code, the
32 district treasurer shall, in addition to any other
33 compensation to which he or she is by law entitled, receive
34 an annual salary of not less than $100 nor more than $1,000
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1 per year to be fixed by the highway board of trustees in
2 consolidated township road districts and by the board of town
3 trustees in districts composed of a single township.
4 Except as otherwise provided in this Code, the district
5 treasurer shall, in addition to any other compensation to
6 which he or she is by law entitled, receive an annual salary
7 deemed appropriate and to be fixed by the county board in
8 road districts in counties not under township organization.
9 The compensation of the district treasurer shall be paid
10 from the general township fund in districts composed of a
11 single township and shall be paid from the regular road fund
12 in all other districts having district treasurers.
13 (Source: P.A. 89-662, eff. 8-14-96; 90-81, eff. 1-1-98;
14 90-183, eff. 1-1-98; revised 11-17-97.)
15 (605 ILCS 5/6-512) (from Ch. 121, par. 6-512)
16 Sec. 6-512. For the purpose of constructing, maintaining
17 and repairing county unit district roads, bridges and
18 drainage structures and the acquisition, maintenance, housing
19 and repair of machinery and equipment, the county board, in
20 any county in which a county unit road district is
21 established, may levy annual separate taxes upon all taxable
22 property of the county to be known as the "County Unit Road
23 District Road Tax" and the "County Unit Road District Bridge
24 Tax". Such taxes shall be levied and collected as other
25 county taxes, but the road district taxes shall be in
26 addition to the maximum of all other county taxes which the
27 county is now or may hereafter be authorized by law to levy.
28 The tax levies authorized in this Section shall not be
29 extended in counties having less than 1,000,000 inhabitants
30 at a rate in excess of .165% for the road tax, unless the
31 maximum rate has been increased as provided in Section
32 6-512.1, and .05% for the bridge tax, both figures based on
33 the value of all the taxable property within the county, as
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1 equalized or assessed by the Department of Revenue, or .01%
2 in counties having 1,000,000 or more inhabitants, of the
3 value, as equalized or assessed by the Department of Revenue,
4 of all taxable property within the county; however, 1/2 of
5 the County Unit Road District Road tax levied under this
6 Section, on property lying within a municipality in which the
7 streets and alleys are under the care of the municipality,
8 shall, when collected, be paid over to the treasurer of the
9 municipality to be appropriated to the improvement of roads,
10 streets and bridges therein. In determining the amount of
11 tax necessary to be raised and levied, the county board shall
12 state separately the several amounts to be raised and levied
13 for the construction of roads, the construction and
14 maintenance of bridges and drainage structures, the purchase
15 of machinery, the repair of machinery, the oiling of roads
16 and the prevention and extirpation of weeds.
17 All tax moneys collected as a result of the levies
18 authorized by this Section shall be deposited in in a
19 separate county unit road district accounts known,
20 respectively, as the "county unit road district road fund"
21 and the "county unit road district bridge and drainage fund".
22 The county treasurer shall be custodian of these funds, but
23 the road district funds shall be maintained separate and
24 apart from the general county fund.
25 (Source: P.A. 81-1509; revised 12-18-97.)
26 Section 148. The Illinois Waterway Act is amended by
27 changing Section 18 as follows:
28 (615 ILCS 10/18) (from Ch. 19, par. 96)
29 Sec. 18. In the construction of such waterway through the
30 City of Joliet, the elevation of the water surface at normal
31 stage shall not be higher at Granite Street than minus 40.5
32 forty and five tenths (40-5/10) Chicago city datum, and in
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1 the event that the shoal reach between the upper basin of the
2 Illinois and Michigan Canal and the crossing of the Elgin,
3 Joliet and Eastern Railway is deepened 2 two feet or more,
4 then than the elevation of the water surface at normal stage
5 shall not be higher at Granite Street than minus 41 forty-one
6 Chicago city datum, and the channel through said city shall
7 not be less than 270 two hundred and seventy feet in width
8 between Spring Street on the north and Lafayette Street on
9 the south. Any dams constructed in connection with and for
10 the maintenance of this pool of water shall be of such design
11 as to quickly dispose of all flood waters. Adequate
12 intercepting sewers shall be constructed of sufficient size
13 and at such depth as will provide outlets not only for the
14 present sewers that may be interfered with by the
15 construction of such waterway, but also of sufficient size
16 and depth to take care of all the watershed tributary to the
17 Des Plaines DesPlaines River that may be interfered with by
18 changing the water levels through the City of Joliet. The
19 Department of Natural Resources is authorized to utilize such
20 riparian rights of the Sanitary District of Chicago in,
21 through and near the City of Joliet and along the Des Plaines
22 DesPlaines River in the County of Will as, in its judgment,
23 may be found necessary for the construction, maintenance and
24 operation of such waterway, or for the development of water
25 power in connection therewith, and the Department of Natural
26 Resources shall not be required to make compensation to such
27 Sanitary District for the right so utilized, except that the
28 Department of Natural Resources shall reimburse such Sanitary
29 District for any expense to which it may be put as a result
30 of such act of the Department of Natural Resources in the
31 maintenance and operation of such Sanitary District channel.
32 The Sanitary District of Chicago shall not be deprived of
33 access to such waterway over any walls or embankments
34 constructed, or of the enjoyment of dockage rights in
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1 connection with any property it has acquired or owns, subject
2 only to the use of such property by the Department of Natural
3 Resources for waterway and power purposes.
4 (Source: P.A. 89-445, eff. 2-7-96; revised 7-11-97.)
5 Section 149. The Illinois and Michigan Canal Management
6 Act is amended by changing Section 2 as follows:
7 (615 ILCS 30/2) (from Ch. 19, par. 9)
8 Sec. 2. Nothing in this Act contained shall be construed
9 to repeal or affect any of the provisions of the Metropolitan
10 Water Reclamation District Act an act entitled, "An act to
11 create Sanitary Districts and to remove obstructions in the
12 DesPlaines and Illinois rivers," approved May 29, 1889, in
13 force July 1, 1889, or any Act amendatory thereof.
14 (Source: Laws 1899, p. 82; revised 7-7-97.)
15 Section 150. The Des Plaines and Illinois Rivers Act is
16 amended by changing Section 1 as follows:
17 (615 ILCS 60/1) (from Ch. 19, par. 41)
18 Sec. 1. The Des Plaines DesPlaines and Illinois rivers
19 throughout their courses from and below the water power plant
20 of the main channel of the Sanitary District of Chicago in
21 the township of Lockport, at or near Lockport, in the county
22 of Will, are hereby recognized as and are hereby declared to
23 be navigable streams; and it is made the special duty of the
24 Governor and of the Attorney General Attorney-General to
25 prevent the erection of any structure in or across said
26 streams without explicit authority from the General Assembly;
27 and the Governor and Attorney General Attorney-General are
28 hereby authorized and directed to take the necessary legal
29 action or actions to remove all and every obstruction now
30 existing in said rivers that in any wise interferes with the
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1 intent and purpose of this Act.
2 (Source: P.A. 84-1308; revised 7-11-97.)
3 Section 151. The Airport Zoning Act is amended by
4 changing Section 19 as follows:
5 (620 ILCS 25/19) (from Ch. 15 1/2, par. 48.19)
6 Sec. 19. Notice and hearing for adoption of zoning
7 regulations. No airport zoning regulations shall be adopted,
8 amended, or changed under this Act except by action of the
9 Department, or by action of the legislative body of the
10 political subdivision in question, or by action of the joint
11 board provided for in Section 14, after a public hearing in
12 relation thereto, at which parties in interest and citizens
13 shall have an opportunity to be heard. Notice of the hearing
14 shall be published at least once not more than 30 nor less
15 than 15 days before the hearing in a newspaper of general
16 circulation circulations, in the political subdivision or
17 subdivisions in which is located, wholly or partly, the
18 airport hazard area to be zoned, or, if no newspaper is
19 generally circulated in any such political subdivision, then
20 in a newspaper of general circulation in the county in which
21 such political subdivision is located.
22 (Source: Laws 1951, p. 988; revised 7-7-97.)
23 Section 152. The County Airports Act is amended by
24 changing Sections 45 and 61 as follows:
25 (620 ILCS 50/45) (from Ch. 15 1/2, par. 149)
26 Sec. 45. The county board shall consider for election to
27 the Commission, only those persons whose names are presented
28 by the county clerk. The county clerk shall present to the
29 county board as candidates the names of all persons who have
30 been nominated in the following manner: For whom a petition
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1 signed by 2% two percent of the voters of such county or by
2 10% of the membership of the county board, or both, has been
3 filed 48 forty-eight hours prior to the convening of the
4 county board meeting, provided such petition states that the
5 person nominated is a candidate for election as a county
6 board member, an Aviation member or a Non-Aviation member.
7 The county board shall proceed by roll call vote to elect
8 the members of the Commission. Voting on county board members
9 of the Commission shall not be joined with the voting for
10 non-county board members of the Commission, nor "Aviation"
11 with "Non-Aviation" members. No person shall be eligible to
12 serve as a member of the Commission unless he has
13 individually been elected by a majority of the members of the
14 county board present at said meeting, whether voting or not
15 voting.
16 (Source: Laws 1945, p. 594; revised 12-18-97.)
17 (620 ILCS 50/61) (from Ch. 15 1/2, par. 165)
18 Sec. 61. If the resolution adopted by the county board
19 or by petition, provides for the issuance of revenue bonds or
20 other evidence of indebtedness, the retirement of the
21 principal thereof and the interest thereon, to be
22 accomplished from sources other than direct county taxes, the
23 county board shall issue and sell such amounts of such bonds
24 or other evidences of indebtedness as the Commission shall
25 determine and certify, from time to time as being necessary
26 to provide the means for accomplishing the purposes for which
27 such bonds or other evidences of indebtedness are is to be
28 issued as set forth in said resolution. Such bonds or other
29 evidence of indebtedness shall be issued in conformity to the
30 requirements and provisions of the said resolution
31 authorizing such issuance. The principal of such bonds or
32 other evidences of indebtedness shall be discharged within
33 thirty years after the date of the adoption of said
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1 resolution. Such bonds or other evidences of indebtedness
2 shall bear interest, payable semi-annually, at a rate not to
3 exceed that permitted in "An Act to authorize public
4 corporations to issue bonds, other evidences of indebtedness
5 and tax anticipation warrants subject to interest rate
6 limitations set forth therein", approved May 26, 1970, as now
7 or hereafter amended. The proceeds from the sale of each
8 issue of bonds shall be deposited in the county treasury and
9 identified as "County Airports Revenue Bond Fund No. ....."
10 Such proceeds shall be used only for the purposes stated in
11 the said resolution and as specified in the certificate of
12 the Commission as in this section provided. All such revenue
13 bonds and other evidences of indebtedness shall not, in any
14 event, constitute or be deemed an indebtedness of the county
15 within the meaning of any constitutional provisions or
16 statutory limitations as to debt, and it shall be so stated
17 plainly on the face of each such bond or other evidence of
18 indebtedness.
19 (Source: P.A. 82-902; revised 12-18-97.)
20 Section 153. The Illinois Vehicle Code is amended by
21 changing Sections 1-197.5, 1-201, 2-123, 3-104, 3-112, 3-201,
22 3-412, 4-304, 6-206, 6-301.2, 6-507, 7-309, 11-208, 11-209,
23 11-501, 12-215, 12-601, 12-603, 15-107, 15-108, 15-111,
24 15-301, 16-102.5, 18b-105, 18c-3203, 18c-6302, and 18c-7503
25 and by setting forth and renumbering multiple versions of
26 Sections 3-639 and 11-1301.5 as follows:
27 (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
28 Sec. 1-197.5. Statutory summary alcohol or other drug
29 related suspension of driver's privileges. The withdrawal by
30 the circuit court of a person's license or privilege to
31 operate a motor vehicle on the public highways for the
32 periods provided in Section 6-208.1. Reinstatement after the
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1 suspension period shall occur after all appropriate fees have
2 been paid, unless the court notifies the Secretary of State
3 that the person should be disqualified. The bases for this
4 withdrawal of driving privileges shall be the individual's
5 refusal to submit to or failure to complete a chemical test
6 or tests following an arrest for the offense of driving under
7 the influence of alcohol or other drugs, or both, or
8 submission to such a test or tests indicating an alcohol
9 concentration of 0.08 or more as provided in Section 11-501.1
10 of this Code.
11 (Source: P.A. 90-89, eff. 1-1-98; incorporates 90-43, eff.
12 7-2-97; revised 10-8-97.)
13 (625 ILCS 5/1-201) (from Ch. 95 1/2, par. 1-201)
14 Sec. 1-201. Street. The entire width between boundary
15 lines of every way everyway publicly maintained, when any
16 part thereof is open to the use of the public for purposes of
17 vehicular travel.
18 (Source: P.A. 76-1586; revised 7-7-97.)
19 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
20 Sec. 2-123. Sale and Distribution of Information.
21 (a) Except as otherwise provided in this Section, the
22 Secretary may make the driver's license, vehicle and title
23 registration lists, in part or in whole, and any statistical
24 information derived from these lists available to local
25 governments, elected state officials, state educational
26 institutions, public libraries and all other governmental
27 units of the State and Federal Government requesting them for
28 governmental purposes. The Secretary shall require any such
29 applicant for services to pay for the costs of furnishing
30 such services and the use of the equipment involved, and in
31 addition is empowered to establish prices and charges for the
32 services so furnished and for the use of the electronic
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1 equipment utilized.
2 (b) The Secretary is further empowered to and he may, in
3 his discretion, furnish to any applicant, other than listed
4 in subsection (a) of this Section, vehicle or driver data on
5 a computer tape, disk, or printout at a fixed fee of $200 in
6 advance and require in addition a further sufficient deposit
7 based upon the Secretary of State's estimate of the total
8 cost of the information requested and a charge of $20 per
9 1,000 units or part thereof identified or the actual cost,
10 whichever is greater. The Secretary is authorized to refund
11 any difference between the additional deposit and the actual
12 cost of the request. This service shall not be in lieu of an
13 abstract of a driver's record nor of a title or registration
14 search. The information sold pursuant to this subsection
15 shall be the entire vehicle or driver data list, or part
16 thereof.
17 (c) Secretary of State may issue registration lists.
18 The Secretary of State shall compile and publish, at least
19 annually, a list of all registered vehicles. Each list of
20 registered vehicles shall be arranged serially according to
21 the registration numbers assigned to registered vehicles and
22 shall contain in addition the names and addresses of
23 registered owners and a brief description of each vehicle
24 including the serial or other identifying number thereof.
25 Such compilation may be in such form as in the discretion of
26 the Secretary of State may seem best for the purposes
27 intended.
28 (d) The Secretary of State shall furnish no more than 2
29 current available lists of such registrations to the sheriffs
30 of all counties and to the chiefs of police of all cities and
31 villages and towns of 2,000 population and over in this State
32 at no cost. Additional copies may be purchased at the fee of
33 $400 each or at the cost of producing the list as determined
34 by the Secretary of State.
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1 (e) The Secretary of State shall upon written request
2 and the payment of the fee of $400 furnish the current
3 available list of such motor vehicle registrations to any
4 person so long as the supply of available registration lists
5 shall last.
6 (e-1) Commercial purchasers of driver and vehicle record
7 databases shall enter into a written agreement with the
8 Secretary of State that includes disclosure of the commercial
9 use of the intended purchase. Affected drivers, vehicle
10 owners, or registrants may request that their personally
11 identifiable information not be used for commercial
12 solicitation purposes.
13 (f) Title or registration search and certification
14 thereof - Fee. The Secretary of State shall make a title or
15 registration search of the records of his office and a
16 written report on the same for any person, upon written
17 application of such person, accompanied by a fee of $4 for
18 each registration or title search. No fee shall be charged
19 for a title or registration search, or for the certification
20 thereof requested by a government agency.
21 The Secretary of State shall certify a title or
22 registration record upon written request. The fee for
23 certification shall be $4 in addition to the fee required for
24 a title or registration search. Certification shall be made
25 under the signature of the Secretary of State and shall be
26 authenticated by Seal of the Secretary of State.
27 The Secretary of State may notify the vehicle owner or
28 registrant of the request for purchase of his title or
29 registration information as the Secretary deems appropriate.
30 The vehicle owner or registrant residence address and
31 other personally identifiable information on the record shall
32 not be disclosed. This nondisclosure shall not apply to
33 requests made by law enforcement officials, government
34 agencies, financial institutions, attorneys, insurers,
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1 employers, automobile associated businesses, other business
2 entities for purposes consistent with the Illinois Vehicle
3 Code, the vehicle owner or registrant, or other entities as
4 the Secretary may exempt by rule and regulation. This
5 information may be withheld from the entities listed above,
6 except law enforcement and government agencies upon
7 presentation of a valid court order of protection for the
8 duration of the order.
9 No information shall be released to the requestor until
10 expiration of a 10 day period. This 10 day period shall not
11 apply to requests for information made by law enforcement
12 officials, government agencies, financial institutions,
13 attorneys, insurers, employers, automobile associated
14 businesses, persons licensed as a private detective or firms
15 licensed as a private detective agency under the Private
16 Detective, Private Alarm, and Private Security Act of 1983,
17 who are employed by or are acting on behalf of law
18 enforcement officials, government agencies, financial
19 institutions, attorneys, insurers, employers, automobile
20 associated businesses, and other business entities for
21 purposes consistent with the Illinois Vehicle Code, the
22 vehicle owner or registrant or other entities as the
23 Secretary may exempt by rule and regulation.
24 Any misrepresentation made by a requestor of title or
25 vehicle information shall be punishable as a petty offense,
26 except in the case of persons licensed as a private detective
27 or firms licensed as a private detective agency which shall
28 be subject to disciplinary sanctions under Section 22 or 25
29 of the Private Detective, Private Alarm, and Private Security
30 Act of 1983.
31 (g) 1. The Secretary of State may, upon receipt of a
32 written request and a fee of $5, furnish to the person or
33 agency so requesting a driver's record. Such document
34 may include a record of: current driver's license
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1 issuance information, except that the information on
2 judicial driving permits shall be available only as
3 otherwise provided by this Code; convictions; orders
4 entered revoking, suspending or cancelling a driver's
5 license or privilege; and notations of accident
6 involvement. All other information, unless otherwise
7 permitted by this Code, shall remain confidential.
8 2. The Secretary of State may certify an abstract
9 of a driver's record upon written request therefor.
10 Such certification shall be made under the signature of
11 the Secretary of State and shall be authenticated by the
12 Seal of his office.
13 3. All requests for driving record information
14 shall be made in a manner prescribed by the Secretary.
15 The Secretary of State may notify the affected
16 driver of the request for purchase of his driver's record
17 as the Secretary deems appropriate.
18 The affected driver residence address and other
19 personally identifiable information on the record shall
20 not be disclosed. This nondisclosure shall not apply to
21 requests made by law enforcement officials, government
22 agencies, financial institutions, attorneys, insurers,
23 employers, automobile associated businesses, other
24 business entities for purposes consistent with the
25 Illinois Vehicle Code, the affected driver, or other
26 entities as the Secretary may exempt by rule and
27 regulation. This information may be withheld from the
28 entities listed above, except law enforcement and
29 government agencies, upon presentation of a valid court
30 order of protection for the duration of the order.
31 No information shall be released to the requester
32 until expiration of a 10 day period. This 10 day period
33 shall not apply to requests for information made by law
34 enforcement officials, government agencies, financial
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1 institutions, attorneys, insurers, employers, automobile
2 associated businesses, persons licensed as a private
3 detective or firms licensed as a private detective agency
4 under the Private Detective, Private Alarm, and Private
5 Security Act of 1983, who are employed by or are acting
6 on behalf of law enforcement officials, government
7 agencies, financial institutions, attorneys, insurers,
8 employers, automobile associated businesses, and other
9 business entities for purposes consistent with the
10 Illinois Vehicle Code, the affected driver or other
11 entities as the Secretary may exempt by rule and
12 regulation.
13 Any misrepresentation made by a requestor of driver
14 information shall be punishable as a petty offense,
15 except in the case of persons licensed as a private
16 detective or firms licensed as a private detective agency
17 which shall be subject to disciplinary sanctions under
18 Section 22 or 25 of the Private Detective, Private Alarm,
19 and Private Security Act of 1983.
20 4. The Secretary of State may furnish without fee,
21 upon the written request of a law enforcement agency, any
22 information from a driver's record on file with the
23 Secretary of State when such information is required in
24 the enforcement of this Code or any other law relating to
25 the operation of motor vehicles, including records of
26 dispositions; documented information involving the use of
27 a motor vehicle; whether such individual has, or
28 previously had, a driver's license; and the address and
29 personal description as reflected on said driver's
30 record.
31 5. Except as otherwise provided in this Section,
32 the Secretary of State may furnish, without fee,
33 information from an individual driver's record on file,
34 if a written request therefor is submitted by any public
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1 transit system or authority, public defender, law
2 enforcement agency, a state or federal agency, or an
3 Illinois local intergovernmental association, if the
4 request is for the purpose of a background check of
5 applicants for employment with the requesting agency, or
6 for the purpose of an official investigation conducted by
7 the agency, or to determine a current address for the
8 driver so public funds can be recovered or paid to the
9 driver, or for any other lawful purpose.
10 The Secretary may also furnish the courts a copy of
11 an abstract of a driver's record, without fee, subsequent
12 to an arrest for a violation of Section 11-501 or a
13 similar provision of a local ordinance. Such abstract
14 may include records of dispositions; documented
15 information involving the use of a motor vehicle as
16 contained in the current file; whether such individual
17 has, or previously had, a driver's license; and the
18 address and personal description as reflected on said
19 driver's record.
20 6. Any certified abstract issued by the Secretary
21 of State or transmitted electronically by the Secretary
22 of State pursuant to this Section, to a court or on
23 request of a law enforcement agency, for the record of a
24 named person as to the status of the person's driver's
25 license shall be prima facie evidence of the facts
26 therein stated and if the name appearing in such abstract
27 is the same as that of a person named in an information
28 or warrant, such abstract shall be prima facie evidence
29 that the person named in such information or warrant is
30 the same person as the person named in such abstract and
31 shall be admissible for any prosecution under this Code
32 and be admitted as proof of any prior conviction or proof
33 of records, notices, or orders recorded on individual
34 driving records maintained by the Secretary of State.
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1 7. Subject to any restrictions contained in the
2 Juvenile Court Act of 1987, and upon receipt of a proper
3 request and a fee of $5, the Secretary of State shall
4 provide a driver's record to the affected driver, or the
5 affected driver's attorney, upon verification. Such
6 record shall contain all the information referred to in
7 paragraph 1 of this subsection (g) plus: any recorded
8 accident involvement as a driver; information recorded
9 pursuant to subsection (e) of Section 6-117 and paragraph
10 4 of subsection (a) of Section 6-204 of this Code. All
11 other information, unless otherwise permitted by this
12 Code, shall remain confidential.
13 (h) The Secretary shall not disclose social security
14 numbers except pursuant to a written request by, or with the
15 prior written consent of, the individual except to: (1)
16 officers and employees of the Secretary who have a need to
17 know the social security numbers in performance of their
18 official duties, (2) law enforcement officials for a lawful,
19 civil or criminal law enforcement investigation, and if the
20 head of the law enforcement agency has made a written request
21 to the Secretary specifying the law enforcement investigation
22 for which the social security numbers are being sought, (3)
23 the United States Department of Transportation, or any other
24 State, pursuant to the administration and enforcement of the
25 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
26 the order of a court of competent jurisdiction, or (5) the
27 Department of Public Aid for utilization in the child support
28 enforcement duties assigned to that Department under
29 provisions of the Public Aid Code after the individual has
30 received advanced meaningful notification of what
31 redisclosure is sought by the Secretary in accordance with
32 the federal Privacy Act; provided, the redisclosure shall not
33 be authorized by the Secretary prior to September 30, 1992.
34 (i) The Secretary of State is empowered to promulgate
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1 rules and regulations to effectuate this Section.
2 (j) Medical statements or medical reports received in
3 the Secretary of State's Office shall be confidential. No
4 confidential information may be open to public inspection or
5 the contents disclosed to anyone, except officers and
6 employees of the Secretary who have a need to know the
7 information contained in the medical reports and the Driver
8 License Medical Advisory Board, unless so directed by an
9 order of a court of competent jurisdiction.
10 (k) All fees collected under this Section shall be paid
11 into the Road Fund of the State Treasury, except that $3 of
12 the $5 fee for a driver's record shall be paid into the
13 Secretary of State Special Services Fund.
14 (l) The Secretary of State shall report his
15 recommendations to the General Assembly by January 1, 1993,
16 regarding the sale and dissemination of the information
17 maintained by the Secretary, including the sale of lists of
18 driver and vehicle records.
19 (m) Notations of accident involvement that may be
20 disclosed under this Section shall not include notations
21 relating to damage to a vehicle or other property being
22 transported by a tow truck. This information shall remain
23 confidential, provided that nothing in this subsection (m)
24 shall limit disclosure of any notification of accident
25 involvement to any law enforcement agency or official.
26 (n) (m) Requests made by the news media for driver's
27 license, vehicle, or title registration information may be
28 furnished without charge or at a reduced charge, as
29 determined by the Secretary, when the specific purpose for
30 requesting the documents is deemed to be in the public
31 interest. Waiver or reduction of the fee is in the public
32 interest if the principal purpose of the request is to access
33 and disseminate information regarding the health, safety, and
34 welfare or the legal rights of the general public and is not
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1 for the principal purpose of gaining a personal or commercial
2 benefit.
3 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
4 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; revised 10-27-97.)
5 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
6 Sec. 3-104. Application for certificate of title.
7 (a) The application for a certificate of title for a
8 vehicle in this State must be made by the owner to the
9 Secretary of State on the form prescribed and must contain:
10 1. The name, Illinois residence and mail address of
11 the owner;
12 2. A description of the vehicle including, so far
13 as the following data exists: Its make, year-model,
14 identifying number, type of body, whether new or used, as
15 to house trailers as defined in Section 1-128 of this
16 Code, the square footage of the house trailer based upon
17 the outside dimensions of the house trailer excluding the
18 length of the tongue and hitch, and, as to vehicles of
19 the second division, whether for-hire, not-for-hire, or
20 both for-hire and not-for-hire;
21 3. The date of purchase by applicant and, if
22 applicable, the name and address of the person from whom
23 the vehicle was acquired and the names and addresses of
24 any lienholders in the order of their priority and
25 signatures of owners;
26 4. The current odometer reading at the time of
27 transfer and that the stated odometer reading is one of
28 the following: actual mileage, not the actual mileage or
29 mileage is in excess of its mechanical limits; and
30 5. Any further information the Secretary of State
31 reasonably requires to identify the vehicle and to enable
32 him to determine whether the owner is entitled to a
33 certificate of title and the existence or nonexistence of
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1 security interests in the vehicle.
2 (b) If the application refers to a vehicle purchased
3 from a dealer, it must also be signed by the dealer as well
4 as the owner, and the dealer must promptly mail or deliver
5 the application and required documents to the Secretary of
6 State.
7 (c) If the application refers to a vehicle last
8 previously registered in another State or country, the
9 application must contain or be accompanied by:
10 1. Any certified document of ownership so
11 recognized and issued by the other State or country and
12 acceptable to the Secretary of State, and
13 2. Any other information and documents the
14 Secretary of State reasonably requires to establish the
15 ownership of the vehicle and the existence or
16 nonexistence of security interests in it.
17 (d) If the application refers to a new vehicle it must
18 be accompanied by the Manufacturer's Statement of Origin, or
19 other documents as required and acceptable by the Secretary
20 of State, with such assignments as may be necessary to show
21 title in the applicant.
22 (e) If an application refers to a vehicle rebuilt from a
23 vehicle previously salvaged, that application shall comply
24 with the provisions set forth in Sections 3-302 through 3-304
25 of this Code.
26 (f) An application for a certificate of title for any
27 vehicle, whether purchased in Illinois or outside Illinois,
28 and even if previously registered in another State, must be
29 accompanied by either an exemption determination from the
30 Department of Revenue showing that no tax imposed pursuant to
31 the Use Tax Act or the vehicle use tax imposed by Section
32 3-1001 of the Illinois Vehicle Code is owed by anyone with
33 respect to that vehicle, or a receipt from the Department of
34 Revenue showing that any tax so imposed has been paid. An
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1 application for a certificate of title for any vehicle
2 purchased outside Illinois, even if previously registered in
3 another state, must be accompanied by either an exemption
4 determination from the Department of Revenue showing that no
5 tax imposed pursuant to the Municipal Use Tax Act or the
6 County Use Tax Act is owed by anyone with respect to that
7 vehicle, or a receipt from the Department of Revenue showing
8 that any tax so imposed has been paid. In the absence of
9 such a receipt for payment or determination of exemption from
10 the Department, no certificate of title shall be issued to
11 the applicant.
12 If the proof of payment of the tax or of nonliability
13 therefor is, after the issuance of the certificate of title
14 and display certificate of title, found to be invalid, the
15 Secretary of State shall revoke the certificate and require
16 that the certificate of title and, when applicable, the
17 display certificate of title be returned to him.
18 (g) If the application refers to a vehicle not
19 manufactured in accordance with federal safety and emission
20 standards, the application must be accompanied by all
21 documents required by federal governmental agencies to meet
22 their standards before a vehicle is allowed to be issued
23 title and registration.
24 (h) If the application refers to a vehicle sold at
25 public sale by a sheriff, it must be accompanied by the
26 required fee and a bill of sale issued and signed by a
27 sheriff. The bill of sale must identify the new owner's name
28 and address, the year model, make and vehicle identification
29 number of the vehicle, court order document number
30 authorizing such sale, if applicable, and the name and
31 address of any lienholders in order of priority, if
32 applicable.
33 (i) If the application refers to a vehicle for which a
34 court of law determined the ownership, it must be accompanied
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1 with a certified copy of such court order and the required
2 fee. The court order must indicate the new owner's name and
3 address, the complete description of the vehicle, if known,
4 the name and address of the lienholder, if any, and must be
5 signed and dated by the judge issuing such order.
6 (j) If the application refers to a vehicle sold at
7 public auction pursuant to the Labor and Storage Lien (Small
8 Amount) Act, it must be accompanied by an affidavit or
9 affirmation furnished by the Secretary of State along with
10 the documents described in the affidavit or affirmation and
11 the required fee.
12 (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97;
13 revised 10-30-97.)
14 (625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
15 Sec. 3-112. Transfer.
16 (a) If an owner transfers his interest in a vehicle,
17 other than by the creation of a security interest, at the
18 time of the delivery of the vehicle he shall execute to the
19 transferee an assignment and warranty of title in the space
20 provided on the certificate of title, or as the Secretary of
21 State prescribes, and cause the certificate and assignment to
22 be mailed or delivered to the transferee or to the Secretary
23 of State.
24 If the vehicle is subject to a tax under the Mobile Home
25 Local Services Tax Act in a county with a population of less
26 than 3,000,000, the owner shall also provide to the
27 transferee a certification by the treasurer of the county in
28 which the vehicle is situated that all taxes imposed upon the
29 vehicle for the years the owner was the actual titleholder of
30 the vehicle have been paid. The transferee shall be liable
31 only for the taxes he or she incurred while he or she was the
32 actual titleholder of the mobile home. The county treasurer
33 shall refund any amount of taxes paid by the transferee that
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1 were imposed in years when the transferee was not the actual
2 titleholder. The provisions of this amendatory Act of 1997
3 (P.A. 90-542) apply retroactively to January 1, 1996. In no
4 event may the county treasurer refund amounts paid by the
5 transferee during any year except the 10 years immediately
6 preceding the year in which the refund is made. If the owner
7 is a licensed dealer who has purchased the vehicle and is
8 holding it for resale, in lieu of acquiring a certification
9 from the county treasurer he shall forward the certification
10 received from the previous owner to the next buyer of the
11 vehicle. The owner shall cause the certification to be
12 mailed or delivered to the Secretary of State with the
13 certificate of title and assignment.
14 (b) Except as provided in Section 3-113, the transferee
15 shall, promptly and within 20 days after delivery to him of
16 the vehicle and the assigned title, execute the application
17 for a new certificate of title in the space provided therefor
18 on the certificate or as the Secretary of State prescribes,
19 and cause the certificate and application to be mailed or
20 delivered to the Secretary of State.
21 (c) Upon request of the owner or transferee, a
22 lienholder in possession of the certificate of title shall,
23 unless the transfer was a breach of his security agreement,
24 either deliver the certificate to the transferee for delivery
25 to the Secretary of State or, upon receipt from the
26 transferee of the owner's assignment, the transferee's
27 application for a new certificate and the required fee, mail
28 or deliver them to the Secretary of State. The delivery of
29 the certificate does not affect the rights of the lienholder
30 under his security agreement.
31 (d) If a security interest is reserved or created at the
32 time of the transfer, the certificate of title shall be
33 retained by or delivered to the person who becomes the
34 lienholder, and the parties shall comply with the provisions
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1 of Section 3-203.
2 (e) Except as provided in Section 3-113 and as between
3 the parties, a transfer by an owner is not effective until
4 the provisions of this Section and Section 3-115 have been
5 complied with; however, an owner who has delivered possession
6 of the vehicle to the transferee and has complied with the
7 provisions of this Section and Section 3-115 requiring action
8 by him as not liable as owner for any damages thereafter
9 resulting from operation of the vehicle.
10 (f) The Secretary of State shall not process any
11 application for a transfer of an interest in a vehicle if any
12 fees or taxes due under this Act from the transferor or the
13 transferee have not been paid upon reasonable notice and
14 demand.
15 (g) If the Secretary of State receives an application
16 for transfer of a vehicle subject to a tax under the Mobil
17 Home Local Services Tax Act in a county with a population of
18 less than 3,000,000, such application must be accompanied by
19 the required certification by the county treasurer or tax
20 assessor authorizing the issuance of the title.
21 (Source: P.A. 90-212, eff. 1-1-98; 90-542, eff. 12-1-97;
22 revised 1-6-98.)
23 (625 ILCS 5/3-201) (from Ch. 95 1/2, par. 3-201)
24 Sec. 3-201. Excepted liens and security interests.
25 This Article does not apply to or affect:
26 (a) A lien given by statute or rule of law to a supplier
27 of services or materials for the vehicle;
28 (b) A lien given by the statute to the United States,
29 this State or any political subdivision of this State, except
30 liens on trailer coaches and mobile homes for public
31 assistance, as provided in Section 3-12 (now repealed) 3-15
32 of "the Illinois Public Aid Code", enacted by the 75th
33 General Assembly.
-1014- LRB9000999EGfgam01
1 (c) A security interest in a vehicle created by a
2 manufacturer or dealer who holds the vehicle for sale, but a
3 buyer in the ordinary course of trade from the manufacturer
4 or dealer takes free of the security interest.
5 (Source: P.A. 76-1586; revised 12-18-97.)
6 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
7 Sec. 3-412. Registration plates and registration
8 stickers to be furnished by the Secretary of State.
9 (a) The Secretary of State upon registering a vehicle
10 subject to annual registration for the first time shall
11 issue or shall cause to be issued to the owner one
12 registration plate for a motorcycle, trailer, semitrailer,
13 motorized pedalcycle or truck-tractor, 2 registration plates
14 for other motor vehicles and, where applicable, current
15 registration stickers for motor vehicles of the first
16 division. The provisions of this Section may be made
17 applicable to such vehicles of the second division, as the
18 Secretary of State may, from time to time, in his discretion
19 designate. On subsequent annual registrations during the term
20 of the registration plate as provided in Section 3-414.1, the
21 Secretary shall issue or cause to be issued registration
22 stickers as evidence of current registration. However, the
23 issuance of annual registration stickers to vehicles
24 registered under the provisions of Section 3-402.1 of this
25 Code may not be required if the Secretary deems the issuance
26 unnecessary.
27 (b) Every registration plate shall have displayed upon
28 it the registration number assigned to the vehicle for which
29 it is issued, the name of this State, which may be
30 abbreviated, the year number for which it was issued, which
31 may be abbreviated, the phrase "Land of Lincoln", except as
32 provided in Sections 3-626, 3-629, 3-633, 3-634, 3-637, and
33 3-638, and 3-642 3-639, and such other letters or numbers as
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1 the Secretary may prescribe. However, for apportionment
2 plates issued to vehicles registered under Section 3-402.1,
3 the phrase "Land of Lincoln" may be omitted to allow for the
4 word "apportioned" to be displayed. The Secretary may in his
5 discretion prescribe that letters be used as prefixes only on
6 registration plates issued to vehicles of the first division
7 which are registered under this Code and only as suffixes on
8 registration plates issued to other vehicles. Every
9 registration sticker issued as evidence of current
10 registration shall designate the year number for which it is
11 issued and such other letters or numbers as the Secretary may
12 prescribe and shall be of a contrasting color with the
13 registration plates and registration stickers of the previous
14 year.
15 (c) Each registration plate and the required letters and
16 numerals thereon, except the year number for which issued,
17 shall be of sufficient size to be plainly readable from a
18 distance of 100 feet during daylight, and shall be coated
19 with reflectorizing material. The dimensions of the plate
20 issued to vehicles of the first division shall be 6 by 12
21 inches.
22 (d) The Secretary of State shall issue for every
23 passenger motor vehicle rented without a driver the same type
24 of registration plates as the type of plates issued for a
25 private passenger vehicle.
26 (e) The Secretary of State shall issue for every
27 passenger car used as a taxicab or livery, distinctive
28 registration plates.
29 (f) The Secretary of State shall issue for every
30 motorcycle distinctive registration plates distinguishing
31 between motorcycles having 150 or more cubic centimeters
32 piston displacement, or having less than 150 cubic centimeter
33 piston displacement.
34 (g) Registration plates issued to vehicles for-hire may
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1 display a designation as determined by the Secretary that
2 such vehicles are for-hire.
3 (h) The Secretary of State shall issue for each electric
4 vehicle distinctive registration plates which shall
5 distinguish between electric vehicles having a maximum
6 operating speed of 45 miles per hour or more and those having
7 a maximum operating speed of less than 45 miles per hour.
8 (i) The Secretary of State shall issue for every public
9 and private ambulance registration plates identifying the
10 vehicle as an ambulance. The Secretary shall forward to the
11 Department of Public Aid registration information for the
12 purpose of verification of claims filed with the Department
13 by ambulance owners for payment for services to public
14 assistance recipients.
15 (j) The Secretary of State shall issue for every public
16 and private medical carrier or rescue vehicle livery
17 registration plates displaying numbers within ranges of
18 numbers reserved respectively for medical carriers and rescue
19 vehicles. The Secretary shall forward to the Department of
20 Public Aid registration information for the purpose of
21 verification of claims filed with the Department by owners of
22 medical carriers or rescue vehicles for payment for services
23 to public assistance recipients.
24 (Source: P.A. 89-424, eff. 6-1-96; 89-564, eff. 7-1-97;
25 89-612, eff. 8-9-96; 89-621, eff. 1-1-97; 89-639, eff.
26 1-1-97; 90-14, eff. 7-1-97; 90-533, eff. 11-14-97; revised
27 1-6-98.)
28 (625 ILCS 5/3-639)
29 Sec. 3-639. Special registration plate for a president
30 of a village or incorporated town or mayor.
31 (a) The Secretary, upon receipt of all applicable fees
32 and applications made in the form prescribed by the
33 Secretary, may issue special registration plates to
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1 presidents of villages and incorporated towns and mayors.
2 The special plates issued under this Section shall be
3 affixed only to passenger vehicles of the first division or
4 motor vehicles of the second division weighing not more than
5 8,000 pounds.
6 Plates issued under this Section shall expire according
7 to the multi-year procedure established by Section 3-414.1 of
8 this Code.
9 (b) The design and color of the special plates shall be
10 wholly within the discretion of the Secretary. Appropriate
11 documentation, as determined by the Secretary, shall
12 accompany each application.
13 (c) An applicant for the special plate shall be charged
14 a $15 fee for original issuance in addition to the
15 appropriate registration fee. This additional fee shall be
16 deposited into the Secretary of State Special License Plate
17 Fund, to be used by the Secretary to help defray the
18 administrative processing costs.
19 For each registration renewal period, a $2 fee, in
20 addition to the appropriate registration fee, shall be
21 charged. This additional fee shall be deposited into the
22 Secretary of State Special License Plate Fund.
23 (Source: P.A. 90-527, eff. 11-13-97.)
24 (625 ILCS 5/3-641)
25 Sec. 3-641. 3-639. Deceased police officer or
26 firefighter plates.
27 (a) The Secretary, upon receipt of all applicable fees
28 and applications made in the form prescribed by the
29 Secretary, may issue special registration plates to the
30 surviving spouse or, if no spouse exists, the parents of a
31 police officer or firefighter who has died in the line of
32 duty in this State. The special plates issued pursuant to
33 this Section shall be affixed only to passenger vehicles of
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1 the first division or motor vehicles of the second division
2 weighing not more than 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. 90-530, eff. 1-1-98; revised 1-6-98.)
21 (625 ILCS 5/3-642)
22 Sec. 3-642. 3-639. Silver Star plates.
23 (a) The Secretary, upon receipt of all applicable fees
24 and applications made in the form prescribed by the
25 Secretary, may issue special registration plates to residents
26 of Illinois who have been awarded the Silver Star by the
27 United States Armed Forces. The special plate issued under
28 this Section shall be affixed only to passenger vehicles of
29 the first division or motor vehicles of the second division
30 weighing not more than 8,000 pounds. Plates issued under this
31 Section shall expire according to the staggered multi-year
32 procedure established by Section 3-414.1 of this Code.
33 (b) The design, color, and format of the plates shall be
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1 wholly within the discretion of the Secretary. The Secretary
2 may, in his or her discretion, allow the plates to be issued
3 as vanity plates or personalized in accordance with Section
4 3-405.1 of this Code. The plates are not required to
5 designate "Land Of Lincoln", as prescribed in subsection (b)
6 of Section 3-412 of this Code. The Secretary shall prescribe
7 the eligibility requirements and, in his or her discretion,
8 shall approve and prescribe stickers or decals as provided
9 under Section 3-412.
10 (c) An applicant shall be charged a $15 fee for original
11 issuance in addition to the appropriate registration fee.
12 This additional fee shall be deposited into the Secretary
13 of State Special License Plate Fund. For each registration
14 renewal period, a $2 fee, in addition to the appropriate
15 registration fee, shall be charged and deposited into the
16 Secretary of State Special License Plate Fund.
17 (Source: P.A. 90-533, eff. 11-14-97; revised 1-6-98.)
18 (625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
19 Sec. 4-304. Implementation and administration of policy.
20 The Board shall consider and adopt such programs as are
21 designed to implement and administer the policies
22 hereinbefore expressed and within the appropriations provided
23 for by the General Assembly.
24 In adopting such programs, the Board shall take into
25 consideration the programs of the federal government in the
26 same field, so as to assure full coordination therewith and
27 that the State of Illinois does not duplicate federal actions
28 and programs. The programs to be considered by the Board
29 shall in addition be designed to:
30 1. Effect the efficient removal of abandoned vehicles
31 from the highways, streets, roads, other public property, as
32 well as from private property within Illinois;
33 2. Effect the efficient removal of abandoned and
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1 derelict vehicles from private property to be junked,
2 salvaged, recycled, or reclaimed, to wrecking, recycling or
3 salvaging facilities, or to a temporary impoundment or area
4 collection center;
5 3. Effect efficient recycling or scrap processing of
6 retired vehicles and the salvaging of usable parts;
7 4. Permit the restoration of antique and historic
8 vehicles by private persons or agencies;
9 5. Work with other State agencies to effect the
10 efficient and effective recycling of solid and liquid motor
11 vehicle waste, including motor vehicle drain oil, derived in
12 the recycling of a motor vehicle.
13 6. Recoup the costs of removal and disposal of abandoned
14 and derelict vehicles from vehicle owners, land owners and
15 persons who abandon or discard such vehicles and from other
16 suitable sources.
17 7. Promote and publicize individual responsibility of
18 vehicle owners for their personal disposal of unwanted and
19 discarded vehicles and develop an effective promotional
20 campaign to show owners how to properly dispose of such
21 vehicles; and the legal consequences of not doing so.
22 8. Provide State coordination, expertise and assistance
23 to all local units of government, as needed, seeking
24 legislative remedy where appropriate regarding: vehicle
25 detitling procedure; impoundment time periods; the legal
26 restrictions unnecessarily delaying vehicle disposal; and,
27 to promote and advance the technology, growth and development
28 of the legitimate auto recycling industry to the end that
29 this industry can effectively recycle all vehicles annually
30 retired and accumulated in Illinois with a minimum of
31 assistance from the State or its subdivisions.
32 The Board is empowered to negotiate and enter into
33 reciprocal agreements with other states and State and federal
34 agencies, in furtherance of the provisions of this Act, as
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1 amended; provided, however, that no such reciprocal agreement
2 may be entered into without the approval and authorization of
3 the State body legally required to approve such agreements.
4 The Board shall make rules, regulations and by-laws, not
5 inconsistent with this Act or of any other law of this State,
6 as to its own organization and conduct and for the
7 implementation and administration of this Act.
8 The Board is further empowered to enter into an agreement
9 with any State agency represented on the Board, to carry out
10 the administration of the abandoned and derelict vehicle
11 abatement program of the Board, and to make such funds
12 available as may be found necessary by the Board, as
13 appropriated by the General Assembly.
14 (Source: P.A. 84-470; revised 12-18-97.)
15 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
16 Sec. 6-206. Discretionary authority to suspend or revoke
17 license or permit; Right to a hearing.
18 (a) The Secretary of State is authorized to suspend or
19 revoke the driving privileges of any person without
20 preliminary hearing upon a showing of the person's records or
21 other sufficient evidence that the person:
22 1. Has committed an offense for which mandatory
23 revocation of a driver's license or permit is required
24 upon conviction;
25 2. Has been convicted of not less than 3 offenses
26 against traffic regulations governing the movement of
27 vehicles committed within any 12 month period. No
28 revocation or suspension shall be entered more than 6
29 months after the date of last conviction;
30 3. Has been repeatedly involved as a driver in
31 motor vehicle collisions or has been repeatedly convicted
32 of offenses against laws and ordinances regulating the
33 movement of traffic, to a degree that indicates lack of
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1 ability to exercise ordinary and reasonable care in the
2 safe operation of a motor vehicle or disrespect for the
3 traffic laws and the safety of other persons upon the
4 highway;
5 4. Has by the unlawful operation of a motor vehicle
6 caused or contributed to an accident resulting in death
7 or injury requiring immediate professional treatment in a
8 medical facility or doctor's office to any person, except
9 that any suspension or revocation imposed by the
10 Secretary of State under the provisions of this
11 subsection shall start no later than 6 months after being
12 convicted of violating a law or ordinance regulating the
13 movement of traffic, which violation is related to the
14 accident, or shall start not more than one year after the
15 date of the accident, whichever date occurs later;
16 5. Has permitted an unlawful or fraudulent use of a
17 driver's license, identification card, or permit;
18 6. Has been lawfully convicted of an offense or
19 offenses in another state, including the authorization
20 contained in Section 6-203.1, which if committed within
21 this State would be grounds for suspension or revocation;
22 7. Has refused or failed to submit to an
23 examination provided for by Section 6-207 or has failed
24 to pass the examination;
25 8. Is ineligible for a driver's license or permit
26 under the provisions of Section 6-103;
27 9. Has made a false statement or knowingly
28 concealed a material fact or has used false information
29 or identification in any application for a license,
30 identification card, or permit;
31 10. Has possessed, displayed, or attempted to
32 fraudulently use any license, identification card, or
33 permit not issued to the person;
34 11. Has operated a motor vehicle upon a highway of
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1 this State when the person's driving privilege or
2 privilege to obtain a driver's license or permit was
3 revoked or suspended unless the operation was authorized
4 by a judicial driving permit, probationary license to
5 drive, or a restricted driving permit issued under this
6 Code;
7 12. Has submitted to any portion of the application
8 process for another person or has obtained the services
9 of another person to submit to any portion of the
10 application process for the purpose of obtaining a
11 license, identification card, or permit for some other
12 person;
13 13. Has operated a motor vehicle upon a highway of
14 this State when the person's driver's license or permit
15 was invalid under the provisions of Sections 6-107.1 and
16 6-110;
17 14. Has committed a violation of Section 6-301,
18 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
19 14B of the Illinois Identification Card Act;
20 15. Has been convicted of violating Section 21-2 of
21 the Criminal Code of 1961 relating to criminal trespass
22 to vehicles in which case, the suspension shall be for
23 one year;
24 16. Has been convicted of violating Section 11-204
25 of this Code relating to fleeing from a police officer;
26 17. Has refused to submit to a test, or tests, as
27 required under Section 11-501.1 of this Code and the
28 person has not sought a hearing as provided for in
29 Section 11-501.1;
30 18. Has, since issuance of a driver's license or
31 permit, been adjudged to be afflicted with or suffering
32 from any mental disability or disease;
33 19. Has committed a violation of paragraph (a) or
34 (b) of Section 6-101 relating to driving without a
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1 driver's license;
2 20. Has been convicted of violating Section 6-104
3 relating to classification of driver's license;
4 21. Has been convicted of violating Section 11-402
5 of this Code relating to leaving the scene of an accident
6 resulting in damage to a vehicle in excess of $1,000, in
7 which case the suspension shall be for one year;
8 22. Has used a motor vehicle in violating paragraph
9 (3), (4), (7), or (9) of subsection (a) of Section 24-1
10 of the Criminal Code of 1961 relating to unlawful use of
11 weapons, in which case the suspension shall be for one
12 year;
13 23. Has, as a driver, been convicted of committing
14 a violation of paragraph (a) of Section 11-502 of this
15 Code for a second or subsequent time within one year of a
16 similar violation;
17 24. Has been convicted by a court-martial or
18 punished by non-judicial punishment by military
19 authorities of the United States at a military
20 installation in Illinois of or for a traffic related
21 offense that is the same as or similar to an offense
22 specified under Section 6-205 or 6-206 of this Code;
23 25. Has permitted any form of identification to be
24 used by another in the application process in order to
25 obtain or attempt to obtain a license, identification
26 card, or permit;
27 26. Has altered or attempted to alter a license or
28 has possessed an altered license, identification card, or
29 permit;
30 27. Has violated Section 6-16 of the Liquor Control
31 Act of 1934;
32 28. Has been convicted of the illegal possession,
33 while operating or in actual physical control, as a
34 driver, of a motor vehicle, of any controlled substance
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1 prohibited under the Illinois Controlled Substances Act
2 or any cannabis prohibited under the provisions of the
3 Cannabis Control Act, in which case the person's driving
4 privileges shall be suspended for one year, and any
5 driver who is convicted of a second or subsequent
6 offense, within 5 years of a previous conviction, for the
7 illegal possession, while operating or in actual physical
8 control, as a driver, of a motor vehicle, of any
9 controlled substance prohibited under the provisions of
10 the Illinois Controlled Substances Act or any cannabis
11 prohibited under the Cannabis Control Act shall be
12 suspended for 5 years. Any defendant found guilty of this
13 offense while operating a motor vehicle, shall have an
14 entry made in the court record by the presiding judge
15 that this offense did occur while the defendant was
16 operating a motor vehicle and order the clerk of the
17 court to report the violation to the Secretary of State;
18 29. Has been convicted of the following offenses
19 that were committed while the person was operating or in
20 actual physical control, as a driver, of a motor vehicle:
21 criminal sexual assault, predatory criminal sexual
22 assault of a child, aggravated criminal sexual assault,
23 criminal sexual abuse, aggravated criminal sexual abuse,
24 juvenile pimping, soliciting for a juvenile prostitute
25 and the manufacture, sale or delivery of controlled
26 substances or instruments used for illegal drug use or
27 abuse in which case the driver's driving privileges shall
28 be suspended for one year;
29 30. Has been convicted a second or subsequent time
30 for any combination of the offenses named in paragraph 29
31 of this subsection, in which case the person's driving
32 privileges shall be suspended for 5 years;
33 31. Has refused to submit to a test as required by
34 Section 11-501.6 or has submitted to a test resulting in
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1 an alcohol concentration of 0.08 or more or any amount of
2 a drug, substance, or compound resulting from the
3 unlawful use or consumption of cannabis as listed in the
4 Cannabis Control Act or a controlled substance as listed
5 in the Illinois Controlled Substances Act in which case
6 the penalty shall be as prescribed in Section 6-208.1;
7 32. Has been convicted of Section 24-1.2 of the
8 Criminal Code of 1961 relating to the aggravated
9 discharge of a firearm if the offender was located in a
10 motor vehicle at the time the firearm was discharged, in
11 which case the suspension shall be for 3 years;
12 33. Has as a driver, who was less than 21 years of
13 age on the date of the offense, been convicted a first
14 time of a violation of paragraph (a) of Section 11-502 of
15 this Code or a similar provision of a local ordinance; or
16 34. Has committed a violation of Section 11-1301.5
17 of this Code; or
18 35. Has committed a violation of Section 11-1301.6
19 of this Code; or.
20 36. 34. Is under the age of 21 years at the time of
21 arrest and has been convicted of not less than 2
22 offenses against traffic regulations governing the
23 movement of vehicles committed within any 24 month
24 period. No revocation or suspension shall be entered
25 more than 6 months after the date of last conviction.
26 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
27 and 27 of this subsection, license means any driver's
28 license, any traffic ticket issued when the person's driver's
29 license is deposited in lieu of bail, a suspension notice
30 issued by the Secretary of State, a duplicate or corrected
31 driver's license, a probationary driver's license or a
32 temporary driver's license.
33 (b) If any conviction forming the basis of a suspension
34 or revocation authorized under this Section is appealed, the
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1 Secretary of State may rescind or withhold the entry of the
2 order of suspension or revocation, as the case may be,
3 provided that a certified copy of a stay order of a court is
4 filed with the Secretary of State. If the conviction is
5 affirmed on appeal, the date of the conviction shall relate
6 back to the time the original judgment of conviction was
7 entered and the 6 month limitation prescribed shall not
8 apply.
9 (c) 1. Upon suspending or revoking the driver's license
10 or permit of any person as authorized in this Section,
11 the Secretary of State shall immediately notify the
12 person in writing of the revocation or suspension. The
13 notice to be deposited in the United States mail, postage
14 prepaid, to the last known address of the person.
15 2. If the Secretary of State suspends the driver's
16 license of a person under subsection 2 of paragraph (a)
17 of this Section, a person's privilege to operate a
18 vehicle as an occupation shall not be suspended, provided
19 an affidavit is properly completed, the appropriate fee
20 received, and a permit issued prior to the effective date
21 of the suspension, unless 5 offenses were committed, at
22 least 2 of which occurred while operating a commercial
23 vehicle in connection with the driver's regular
24 occupation. All other driving privileges shall be
25 suspended by the Secretary of State. Any driver prior to
26 operating a vehicle for occupational purposes only must
27 submit the affidavit on forms to be provided by the
28 Secretary of State setting forth the facts of the
29 person's occupation. The affidavit shall also state the
30 number of offenses committed while operating a vehicle in
31 connection with the driver's regular occupation. The
32 affidavit shall be accompanied by the driver's license.
33 Upon receipt of a properly completed affidavit, the
34 Secretary of State shall issue the driver a permit to
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1 operate a vehicle in connection with the driver's regular
2 occupation only. Unless the permit is issued by the
3 Secretary of State prior to the date of suspension, the
4 privilege to drive any motor vehicle shall be suspended
5 as set forth in the notice that was mailed under this
6 Section. If an affidavit is received subsequent to the
7 effective date of this suspension, a permit may be issued
8 for the remainder of the suspension period.
9 The provisions of this subparagraph shall not apply
10 to any driver required to obtain a commercial driver's
11 license under Section 6-507 during the period of a
12 disqualification of commercial driving privileges under
13 Section 6-514.
14 Any person who falsely states any fact in the
15 affidavit required herein shall be guilty of perjury
16 under Section 6-302 and upon conviction thereof shall
17 have all driving privileges revoked without further
18 rights.
19 3. At the conclusion of a hearing under Section
20 2-118 of this Code, the Secretary of State shall either
21 rescind or continue an order of revocation or shall
22 substitute an order of suspension; or, good cause
23 appearing therefor, rescind, continue, change, or extend
24 the order of suspension. If the Secretary of State does
25 not rescind the order, the Secretary may upon
26 application, to relieve undue hardship, issue a
27 restricted driving permit granting the privilege of
28 driving a motor vehicle between the petitioner's
29 residence and petitioner's place of employment or within
30 the scope of his employment related duties, or to allow
31 transportation for the petitioner, or a household member
32 of the petitioner's family, to receive necessary medical
33 care and if the professional evaluation indicates,
34 provide transportation for alcohol remedial or
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1 rehabilitative activity, or for the petitioner to attend
2 classes, as a student, in an accredited educational
3 institution; if the petitioner is able to demonstrate
4 that no alternative means of transportation is reasonably
5 available and the petitioner will not endanger the public
6 safety or welfare. In each case the Secretary may issue a
7 restricted driving permit for a period deemed
8 appropriate, except that all permits shall expire within
9 one year from the date of issuance. A restricted driving
10 permit issued under this Section shall be subject to
11 cancellation, revocation, and suspension by the Secretary
12 of State in like manner and for like cause as a driver's
13 license issued under this Code may be cancelled, revoked,
14 or suspended; except that a conviction upon one or more
15 offenses against laws or ordinances regulating the
16 movement of traffic shall be deemed sufficient cause for
17 the revocation, suspension, or cancellation of a
18 restricted driving permit. The Secretary of State may, as
19 a condition to the issuance of a restricted driving
20 permit, require the applicant to participate in a
21 designated driver remedial or rehabilitative program. The
22 Secretary of State is authorized to cancel a restricted
23 driving permit if the permit holder does not successfully
24 complete the program.
25 (c-5) The Secretary of State may, as a condition of the
26 reissuance of a driver's license or permit to an applicant
27 under the age of 18 years whose driver's license or permit
28 has been suspended pursuant to any of the provisions of this
29 Section, require the applicant to participate in a driver
30 remedial education course and be retested under Section 6-109
31 of this Code.
32 (d) This Section is subject to the provisions of the
33 Drivers License Compact.
34 (e) The Secretary of State shall not issue a restricted
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1 driving permit to a person under the age of 16 years whose
2 driving privileges have been suspended or revoked under any
3 provisions of this Code.
4 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
5 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
6 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)
7 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
8 Sec. 6-301.2. Fraudulent driver's license or permit.
9 (a) (Blank). or permit-making or permit or permit or
10 permit
11 (b) It is a violation of this Section for any person:
12 1. To knowingly possess any fraudulent driver's
13 license or permit;
14 2. To knowingly possess, display or cause to be
15 displayed any fraudulent driver's license or permit for
16 the purpose of obtaining any account, credit, credit card
17 or debit card from a bank, financial institution or
18 retail mercantile establishment;
19 3. To knowingly possess any fraudulent driver's
20 license or permit with the intent to commit a theft,
21 deception or credit or debit card fraud in violation of
22 any law of this State or any law of any other
23 jurisdiction;
24 4. To knowingly possess any fraudulent driver's
25 license or permit with the intent to commit any other
26 violation of any laws of this State or any law of any
27 other jurisdiction for which a sentence to a term of
28 imprisonment in a penitentiary for one year or more is
29 provided;
30 5. To knowingly possess any fraudulent driver's
31 license or permit while in unauthorized possession of any
32 document, instrument or device capable of defrauding
33 another;
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1 6. To knowingly possess any fraudulent driver's
2 license or permit with the intent to use the license or
3 permit to acquire any other identification document;
4 7. To knowingly possess without authority any
5 driver's license-making or permit-making implement;
6 8. To knowingly possess any stolen driver's
7 license-making or permit-making implement;
8 9. To knowingly duplicate, manufacture, sell or
9 transfer any fraudulent driver's license or permit;
10 10. To advertise or distribute any information or
11 materials that promote the selling, giving, or furnishing
12 of a fraudulent driver's license or permit.
13 (c) Sentence.
14 1. Any person convicted of a violation of paragraph
15 1 of subsection (b) of this Section shall be guilty of a
16 Class 4 felony and shall be sentenced to a minimum fine
17 of $500 or 50 hours of community service, preferably at
18 an alcohol abuse prevention program, if available.
19 2. Any person convicted of a violation of any of
20 paragraphs 2 through 9 of subsection (b) of this Section
21 shall be guilty of a Class 4 felony. A person convicted
22 of a second or subsequent violation shall be guilty of a
23 Class 3 felony.
24 3. Any person convicted of a violation of paragraph
25 10 of subsection (b) of this Section shall be guilty of a
26 Class B misdemeanor.
27 (d) This Section does not prohibit any lawfully
28 authorized investigative, protective, law enforcement or
29 other activity of any agency of the United States, State of
30 Illinois or any other state or political subdivision thereof.
31 (e) The Secretary may request the Attorney General to
32 seek a restraining order in the circuit court against any
33 person who violates this Section by advertising fraudulent
34 driver's licenses or permits.
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1 (Source: P.A. 89-283, eff. 1-1-96; 90-89, eff. 1-1-98;
2 90-191, eff. 1-1-98; revised 10-8-97.)
3 (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
4 Sec. 6-507. Commercial Driver's License (CDL) Required.
5 (a) Except as expressly permitted by this UCDLA, or when
6 driving pursuant to the issuance of a commercial driver
7 instruction permit and accompanied by the holder of a CDL
8 valid for the vehicle being driven; no person shall drive a
9 commercial motor vehicle on the highways unless the person
10 has been issued, and is in the immediate possession of, a CDL
11 bearing all applicable endorsements valid for type or
12 classification of the commercial vehicle being driven.
13 (b) Except as otherwise provided by this Code, no person
14 may drive a commercial motor vehicle on the highways while
15 such person's driving privilege, license or permit is:
16 (1) Suspended, revoked, cancelled, or subject to
17 disqualification. Any person convicted of violating this
18 provision or a similar provision of this or any other
19 state shall have their driving privileges revoked under
20 paragraph 12 of subsection (a) of Section 6-205 of this
21 Code.
22 (2) Subject to or in violation of an
23 "out-of-service" order. Any person who has been issued a
24 CDL and is convicted of violating this provision or a
25 similar provision of any other state shall be
26 disqualified from operating a commercial motor vehicle
27 under subsection (i) of Section 6-514 of this Code.
28 (3) Subject to or in violation of an "out of
29 service" order and while transporting passengers or
30 hazardous materials. Any person who has been issued a
31 CDL and is convicted of violating this provision or a
32 similar provision of this or any other state shall be
33 disqualified from operating a commercial motor vehicle
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1 under subsection (i) of Section 6-514 of this Code.
2 (c) Pursuant to the options provided to the States by
3 FHWA Docket No. MC-88-8, the driver of any motor vehicle
4 controlled or operated by or for a farmer is waived from the
5 requirements of this Section, when such motor vehicle is
6 being used to transport: agricultural products; implements
7 of husbandry; or farm supplies; as long as such movement is
8 not over 150 air miles from the originating farm. This
9 waiver does not apply to the driver of any motor vehicle
10 being used in a common or contract carrier type operation.
11 However, for those drivers of any truck-tractor semitrailer
12 combination or combinations registered under subsection (c)
13 of Section 3-815 of this Code, this waiver shall apply only
14 when the driver is a farmer or a member of the farmer's
15 family and the driver is 21 years of age or more and has
16 successfully completed any tests the Secretary of State deems
17 necessary.
18 In addition, the farmer or a member of the farmer's
19 family who operates a truck-tractor semitrailer combination
20 or combinations pursuant to this waiver shall be granted all
21 of the rights and shall be subject to all of the duties and
22 restrictions with respect to Sections 6-514 and 6-515 of this
23 Code applicable to the driver who possesses a commercial
24 driver's license issued under this Code, except that the
25 driver shall not be subject to any additional duties or
26 restrictions contained in Part 382 of the Federal Motor
27 Carrier Safety Regulations that are not otherwise imposed
28 under Section 6-514 or 6-515 of this Code.
29 For purposes of this subsection (c), a member of the
30 farmer's family is a natural or in-law spouse, child, parent,
31 or sibling.
32 (c-5) An employee of a township or road district with a
33 population of less than 3,000 operating a vehicle within the
34 boundaries of the township or road district for the purpose
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1 of removing snow or ice from a roadway by plowing, sanding,
2 or salting is waived from the requirements of this Section
3 when the employee is needed to operate the vehicle because
4 the employee of the township or road district who ordinarily
5 operates the vehicle and who has a commercial driver's
6 license is unable to operate the vehicle or is in need of
7 additional assistance due to a snow emergency.
8 (d) Any person convicted of violating this Section,
9 shall be guilty of a Class A misdemeanor.
10 (e) Any person convicted of violating paragraph (b) of
11 this Section, shall have all driving privileges revoked by
12 the Secretary of State.
13 (f) This Section shall not apply to:
14 (1) A person who currently holds a valid Illinois
15 driver's license, for the type of vehicle being operated,
16 until the expiration of such license or April 1, 1992,
17 whichever is earlier; or
18 (2) A non-Illinois domiciliary who is properly
19 licensed in another State, until April 1, 1992. A
20 non-Illinois domiciliary, if such domiciliary is properly
21 licensed in another State or foreign jurisdiction, until
22 April 1, 1992.
23 (Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 10-1-96;
24 90-386, eff. 8-15-97; revised 10-30-97.)
25 (625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
26 Sec. 7-309. Suspension to continue until judgments paid
27 and proof given.
28 (a) The suspension of such driver's license, license
29 plates and registration stickers shall remain in effect and
30 no other vehicle shall be registered in the name of such
31 judgment debtor, nor any new license issued to such person
32 (including any such person not previously licensed), unless
33 and until the Secretary of State receives authenticated
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1 documentation that such judgment is satisfied, or dormant as
2 provided for in Section 12-108 of the Code of Civil
3 Procedure, as now or hereafter amended, or stayed by court
4 order, and the judgment debtor gives proof of financial
5 responsibility, as hereinafter provided. The Secretary of
6 State may terminate the suspension of such person's persons's
7 driver's license, license plates and registration stickers
8 and no proof of financial responsibility shall be required on
9 any existing suspensions under this Article which are more
10 than 20 years old.
11 (b) Whenever, after one judgment is satisfied and proof
12 of financial responsibility is given as herein required,
13 another such judgment is rendered against the judgment debtor
14 for any motor vehicle accident occurring prior to the date of
15 the giving of said proof and such person fails to satisfy the
16 latter judgment within the amounts specified herein within 30
17 days after the same becomes final, then the Secretary of
18 State shall again suspend the driver's license of such
19 judgment debtor and shall again suspend the registration of
20 any vehicle registered in the name of such judgment debtor as
21 owner. Such driver's license and registration shall not be
22 renewed nor shall a driver's license and registration of any
23 vehicle be issued to such judgment debtor while such latter
24 judgment remains in effect and unsatisfied within the amount
25 specified herein.
26 (Source: P.A. 86-500; revised 7-7-97.)
27 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
28 Sec. 11-208. Powers of local authorities.
29 (a) The provisions of this Code shall not be deemed to
30 prevent local authorities with respect to streets and
31 highways under their jurisdiction and within the reasonable
32 exercise of the police power from:
33 1. Regulating the standing or parking of vehicles,
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1 except as limited by Section 11-1306 of this Act;
2 2. Regulating traffic by means of police officers
3 or traffic control signals;
4 3. Regulating or prohibiting processions or
5 assemblages on the highways;
6 4. Designating particular highways as one-way
7 highways and requiring that all vehicles thereon be moved
8 in one specific direction;
9 5. Regulating the speed of vehicles in public parks
10 subject to the limitations set forth in Section 11-604;
11 6. Designating any highway as a through highway, as
12 authorized in Section 11-302, and requiring that all
13 vehicles stop before entering or crossing the same or
14 designating any intersection as a stop intersection or a
15 yield right-of-way intersection and requiring all
16 vehicles to stop or yield the right-of-way at one or more
17 entrances to such intersections;
18 7. Restricting the use of highways as authorized in
19 Chapter 15;
20 8. Regulating the operation of bicycles and
21 requiring the registration and licensing of same,
22 including the requirement of a registration fee;
23 9. Regulating or prohibiting the turning of
24 vehicles or specified types of vehicles at intersections;
25 10. Altering the speed limits as authorized in
26 Section 11-604;
27 11. Prohibiting U-turns;
28 12. Prohibiting pedestrian crossings at other than
29 designated and marked crosswalks or at intersections;
30 13. Prohibiting parking during snow removal
31 operation;
32 14. Imposing fines in accordance with Section
33 11-1301.3 as penalties for use of any parking place
34 reserved for persons with disabilities, as defined by
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1 Section 1-159.1, or disabled veterans by any person using
2 a motor vehicle not bearing registration plates specified
3 in Section 11-1301.1 or a special decal or device as
4 defined in Section 11-1301.2 as evidence that the vehicle
5 is operated by or for a person with disabilities or
6 disabled veteran;
7 15. Adopting such other traffic regulations as are
8 specifically authorized by this Code; or
9 16. Enforcing the provisions of subsection (f) of
10 Section 3-413 of this Code or a similar local ordinance.
11 (b) No ordinance or regulation enacted under subsections
12 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
13 effective until signs giving reasonable notice of such local
14 traffic regulations are posted.
15 (c) The provisions of this Code shall not prevent any
16 municipality having a population of 500,000 or more
17 inhabitants from prohibiting any person from driving or
18 operating any motor vehicle upon the roadways of such
19 municipality with headlamps on high beam or bright.
20 (d) The provisions of this Code shall not be deemed to
21 prevent local authorities within the reasonable exercise of
22 their police power from prohibiting, on private property, the
23 unauthorized use of parking spaces reserved for persons with
24 disabilities.
25 (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97;
26 revised 11-17-97.)
27 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
28 Sec. 11-209. Powers of municipalities and counties -
29 Contract with school boards, hospitals, churches, condominium
30 complex unit owners' associations, and commercial and
31 industrial facility, shopping center, and apartment complex
32 owners for regulation of traffic.
33 (a) The corporate authorities of any municipality or the
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1 county board of any county, and a school board, hospital,
2 church, condominium complex unit owners' association, or
3 owner of any commercial and industrial facility, shopping
4 center, or apartment complex which controls a parking area
5 located within the limits of the municipality, or outside the
6 limits of the municipality and within the boundaries of the
7 county, may, by contract, empower the municipality or county
8 to regulate the parking of automobiles and the traffic at
9 such parking area. Such contract shall empower the
10 municipality or county to accomplish all or any part of the
11 following:
12 1. The erection of stop signs, flashing signals,
13 person with disabilities parking area signs or yield
14 signs at specified locations in a parking area and the
15 adoption of appropriate regulations thereto pertaining,
16 or the designation of any intersection in the parking
17 area as a stop intersection or as a yield intersection
18 and the ordering of like signs or signals at one or more
19 entrances to such intersection, subject to the provisions
20 of this Chapter.
21 2. The prohibition or regulation of the turning of
22 vehicles or specified types of vehicles at intersections
23 or other designated locations in the parking area.
24 3. The regulation of a crossing of any roadway in
25 the parking area by pedestrians.
26 4. The designation of any separate roadway in the
27 parking area for one-way traffic.
28 5. The establishment and regulation of loading
29 zones.
30 6. The prohibition, regulation, restriction or
31 limitation of the stopping, standing or parking of
32 vehicles in specified areas of the parking area.
33 7. The designation of safety zones in the parking
34 area and fire lanes.
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1 8. Providing for the removal and storage of
2 vehicles parked or abandoned in the parking area during
3 snowstorms, floods, fires, or other public emergencies,
4 or found unattended in the parking area, (a) where they
5 constitute an obstruction to traffic, or (b) where
6 stopping, standing or parking is prohibited, and for the
7 payment of reasonable charges for such removal and
8 storage by the owner or operator of any such vehicle.
9 9. Providing that the cost of planning,
10 installation, maintenance and enforcement of parking and
11 traffic regulations pursuant to any contract entered into
12 under the authority of this paragraph (a) of this Section
13 be borne by the municipality or county, or by the school
14 board, hospital, church, property owner, apartment
15 complex owner, or condominium complex unit owners'
16 association, or that a percentage of the cost be shared
17 by the parties to the contract.
18 10. Causing the installation of parking meters on
19 the parking area and establishing whether the expense of
20 installing said parking meters and maintenance thereof
21 shall be that of the municipality or county, or that of
22 the school board, hospital, church, condominium complex
23 unit owners' association, shopping center or apartment
24 complex owner. All moneys obtained from such parking
25 meters as may be installed on any parking area shall
26 belong to the municipality or county.
27 11. Causing the installation of parking signs in
28 accordance with Section 11-301 in areas of the parking
29 lots covered by this Section and where desired by the
30 person contracting with the appropriate authority listed
31 in paragraph (a) of this Section, indicating that such
32 parking spaces are reserved for persons with
33 disabilities.
34 12. Contracting for such additional reasonable
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1 rules and regulations with respect to traffic and parking
2 in a parking area as local conditions may require for the
3 safety and convenience of the public or of the users of
4 the parking area.
5 (b) No contract entered into pursuant to this Section
6 shall exceed a period of 20 years. No lessee of a shopping
7 center or apartment complex shall enter into such a contract
8 for a longer period of time than the length of his lease.
9 (c) Any contract entered into pursuant to this Section
10 shall be recorded in the office of the recorder in the county
11 in which the parking area is located, and no regulation made
12 pursuant to the contract shall be effective or enforceable
13 until 3 days after the contract is so recorded.
14 (d) At such time as parking and traffic regulations have
15 been established at any parking area pursuant to the contract
16 as provided for in this Section, then it shall be a petty
17 offense for any person to do any act forbidden or to fail to
18 perform any act required by such parking or traffic
19 regulation. If the violation is the parking in a parking
20 space reserved for persons with disabilities under paragraph
21 (11) of this Section, by a person without special
22 registration plates issued to a person with disabilities, as
23 defined by Section 1-159.1, pursuant to Section 3-616 of this
24 Code, or to a disabled veteran pursuant to Section 3-609 of
25 this Code, the local police of the contracting corporate
26 municipal authorities shall issue a parking ticket to such
27 parking violator and issue a fine in accordance with Section
28 11-1301.3.
29 (e) The term "shopping center", as used in this Section,
30 means premises having one or more stores or business
31 establishments in connection with which there is provided on
32 privately-owned property near or contiguous thereto an area,
33 or areas, of land used by the public as the means of access
34 to and egress from the stores and business establishments on
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1 such premises and for the parking of motor vehicles of
2 customers and patrons of such stores and business
3 establishments on such premises.
4 (f) The term "parking area", as used in this Section,
5 means an area, or areas, of land near or contiguous to a
6 school, church, or hospital building, shopping center,
7 apartment complex, or condominium complex, but not the public
8 highways or alleys, and used by the public as the means of
9 access to and egress from such buildings and the stores and
10 business establishments at a shopping center and for the
11 parking of motor vehicles.
12 (g) The terms "owner", "property owner", "shopping
13 center owner", and "apartment complex owner", as used in this
14 Section, mean the actual legal owner of the shopping center
15 parking area or apartment complex, the trust officer of a
16 banking institution having the right to manage and control
17 such property, or a person having the legal right, through
18 lease or otherwise, to manage or control the property.
19 (g-5) The term "condominium complex unit owners'
20 association", as used in this Section, means a "unit owners'
21 association" as defined in Section 2 of the Condominium
22 Property Act.
23 (h) The term "fire lane", as used in this Section, means
24 travel lanes for the fire fighting equipment upon which there
25 shall be no standing or parking of any motor vehicle at any
26 time so that fire fighting equipment can move freely thereon.
27 (i) The term "apartment complex", as used in this
28 Section, means premises having one or more apartments in
29 connection with which there is provided on privately-owned
30 property near or contiguous thereto an area, or areas, of
31 land used by occupants of such apartments or their guests as
32 a means of access to and egress from such apartments or for
33 the parking of motor vehicles of such occupants or their
34 guests.
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1 (j) The term "condominium complex", as used in this
2 Section, means the units, common elements, and limited common
3 elements that are located on the parcels, as those terms are
4 defined in Section 2 of the Condominium Property Act.
5 (k) The term "commercial and industrial facility", as
6 used in this Section, means a premises containing one or more
7 commercial and industrial facility establishments
8 establishment in connection with which there is provided on
9 privately-owned property near or contiguous to the premises
10 an area or areas of land used by the public as the means of
11 access to and egress from the commercial and industrial
12 facility establishment on the premises and for the parking of
13 motor vehicles of customers, patrons, and employees of the
14 commercial and industrial facility establishment on the
15 premises.
16 (l) (k) The provisions of this Section shall not be
17 deemed to prevent local authorities from enforcing, on
18 private property, local ordinances imposing fines, in
19 accordance with Section 11-1301.3, as penalties for use of
20 any parking place reserved for persons with disabilities, as
21 defined by Section 1-159.1, or disabled veterans by any
22 person using a motor vehicle not bearing registration plates
23 specified in Section 11-1301.1 or a special decal or device
24 as defined in Section 11-1301.2 as evidence that the vehicle
25 is operated by or for a person with disabilities or disabled
26 veteran.
27 This amendatory Act of 1972 is not a prohibition upon the
28 contractual and associational powers granted by Article VII,
29 Section 10 of the Illinois Constitution.
30 (Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98;
31 90-145, eff. 1-1-98; 90-481, eff. 8-17-97; revised 11-14-97.)
32 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
33 Sec. 11-501. Driving while under the influence of
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1 alcohol, other drug, or combination of both.
2 (a) A person shall not drive or be in actual physical
3 control of any vehicle within this State while:
4 (1) the alcohol concentration in the person's blood
5 or breath is 0.08 or more based on the definition of
6 blood and breath units in Section 11-501.2;
7 (2) under the influence of alcohol;
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;
11 (4) under the combined influence of alcohol and any
12 other drug or drugs to a degree that renders the person
13 incapable of safely driving; or
14 (5) there is any amount of a drug, substance, or
15 compound in the person's blood or urine resulting from
16 the unlawful use or consumption of cannabis listed in the
17 Cannabis Control Act, or a controlled substance listed in
18 the Illinois Controlled Substances Act.
19 (b) The fact that any person charged with violating this
20 Section is or has been legally entitled to use alcohol, or
21 other drugs, or any combination of both, shall not
22 constitute a defense against any charge of violating this
23 Section.
24 (c) Except as provided under paragraphs (c-3) and (d) of
25 this Section, every person convicted of violating this
26 Section or a similar provision of a local ordinance, shall be
27 guilty of a Class A misdemeanor and, in addition to any other
28 criminal or administrative action, for any second conviction
29 of violating this Section or a similar provision of a law of
30 another state or local ordinance committed within 5 years of
31 a previous violation of this Section or a similar provision
32 of a local ordinance shall be mandatorily sentenced to a
33 minimum of 48 consecutive hours of imprisonment or assigned
34 to a minimum of 100 hours of community service as may be
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1 determined by the court. Every person convicted of violating
2 this Section or a similar provision of a local ordinance
3 shall be subject to a mandatory minimum fine of $500 and a
4 mandatory 5 days of community service in a program benefiting
5 children if the person committed a violation of paragraph (a)
6 or a similar provision of a local ordinance while
7 transporting a person under age 16. Every person convicted a
8 second time for violating this Section or a similar provision
9 of a local ordinance within 5 years of a previous violation
10 of this Section or a similar provision of a law of another
11 state or local ordinance shall be subject to a mandatory
12 minimum fine of $500 and 10 days of mandatory community
13 service in a program benefiting children if the current
14 offense was committed while transporting a person under age
15 16. The imprisonment or assignment under this subsection
16 shall not be subject to suspension nor shall the person be
17 eligible for probation in order to reduce the sentence or
18 assignment.
19 (c-1) A person who violates this Section during a period
20 in which his or her driving privileges are revoked or
21 suspended, where the revocation or suspension was for a
22 violation of this Section or Section 11-501.1 shall, unless
23 sentenced to a term of imprisonment in the penitentiary, in
24 addition to any other criminal or administrative action, be
25 sentenced to a minimum term of 30 consecutive days of
26 imprisonment, 40 days of 24 hour periodic imprisonment or 720
27 hours of community service, as may be determined by the
28 court. This mandatory minimum term of imprisonment or
29 assignment of community service shall not be suspended and
30 shall not be subject to reduction by the court.
31 (c-2) (Blank).
32 (c-3) Every person convicted of violating this Section
33 or a similar provision of a local ordinance who had a child
34 under age 16 in the vehicle at the time of the offense shall
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1 have his or her punishment under this Act enhanced by 2 days
2 of imprisonment for a first offense, 10 days of imprisonment
3 for a second offense, 30 days of imprisonment for a third
4 offense, and 90 days of imprisonment for a fourth or
5 subsequent offense, in addition to the fine and community
6 service required under subsection (c) and the possible
7 imprisonment required under subsection (d). The imprisonment
8 or assignment under this subsection shall not be subject to
9 suspension nor shall the person be eligible for probation in
10 order to reduce the sentence or assignment.
11 (d) (1) Every person convicted of committing a violation
12 of this Section shall be guilty of aggravated driving under
13 the influence of alcohol or drugs or a combination of both
14 if:
15 (A) the person committed a violation of this
16 Section, or a similar provision of a law of another state
17 or a local ordinance when the cause of action is the same
18 as or substantially similar to this Section, for the
19 third or subsequent time;
20 (B) the person committed a violation of paragraph
21 (a) while driving a school bus with children on board;
22 (C) the person in committing a violation of
23 paragraph (a) was involved in a motor vehicle accident
24 that resulted in great bodily harm or permanent
25 disability or disfigurement to another, when the
26 violation was a proximate cause of the injuries; or
27 (D) the person committed a violation of paragraph
28 (a) for a second time and has been previously convicted
29 of violating Section 9-3 of the Criminal Code of 1961
30 relating to reckless homicide in which the person was
31 determined to have been under the influence of alcohol or
32 any other drug or drugs as an element of the offense or
33 the person has previously been convicted under
34 subparagraph (C) of this paragraph (1).
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1 (2) Aggravated driving under the influence of alcohol or
2 drugs or a combination of both is a Class 4 felony for which
3 a person, if sentenced to a term of imprisonment, shall be
4 sentenced to not less than one year and not more than 3 years
5 for a violation of subparagraph (A), (B) or (D) of paragraph
6 (1) of this subsection (d) and not less than one year and not
7 more than 12 years for a violation of subparagraph (C) of
8 paragraph (1) of this subsection (d). For any prosecution
9 under this subsection (d), a certified copy of the driving
10 abstract of the defendant shall be admitted as proof of any
11 prior conviction.
12 (e) After a finding of guilt and prior to any final
13 sentencing, or an order for supervision, for an offense based
14 upon an arrest for a violation of this Section or a similar
15 provision of a local ordinance, individuals shall be required
16 to undergo a professional evaluation to determine if an
17 alcohol or other drug abuse problem exists and the extent of
18 the problem. Programs conducting these evaluations shall be
19 licensed by the Department of Human Services. The cost of
20 any professional evaluation shall be paid for by the
21 individual required to undergo the professional evaluation.
22 (f) Every person found guilty of violating this Section,
23 whose operation of a motor vehicle while in violation of this
24 Section proximately caused any incident resulting in an
25 appropriate emergency response, shall be liable for the
26 expense of an emergency response as provided under Section
27 5-5-3 of the Unified Code of Corrections.
28 (g) The Secretary of State shall revoke the driving
29 privileges of any person convicted under this Section or a
30 similar provision of a local ordinance.
31 (h) Every person sentenced under subsection (d) of this
32 Section and who receives a term of probation or conditional
33 discharge shall be required to serve a minimum term of either
34 30 days community service or, beginning July 1, 1993, 48
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1 consecutive hours of imprisonment as a condition of the
2 probation or conditional discharge. This mandatory minimum
3 term of imprisonment or assignment of community service shall
4 not be suspended and shall not be subject to reduction by the
5 court.
6 (i) The Secretary of State shall establish a pilot
7 program to test the effectiveness of ignition interlock
8 device requirements upon individuals who have been arrested
9 for a second or subsequent offense of this Section. The
10 Secretary shall establish by rule and regulation the
11 population and procedures for use of the interlock system.
12 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
13 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
14 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
15 10-24-97.)
16 (625 ILCS 5/11-1301.5)
17 Sec. 11-1301.5. Fictitious or unlawfully altered person
18 with disabilities license plate or parking decal or device.
19 (a) As used in this Section:
20 "Fictitious person with disabilities license plate or
21 parking decal or device" means any issued person with
22 disabilities license plate or parking decal or device that
23 has been issued by the Secretary of State or an authorized
24 unit of local government that was issued based upon false
25 information contained on the required application.
26 "False information" means any incorrect or inaccurate
27 information concerning the name, date of birth, social
28 security number, driver's license number, physician
29 certification, or any other information required on the
30 application for a person with disabilities license plate or
31 parking permit or device that falsifies the content of the
32 application.
33 "Unlawfully altered person with disabilities license
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1 plate or parking permit or device" means any person with
2 disabilities license plate or parking permit or device issued
3 by the Secretary of State or an authorized unit of local
4 government that has been physically altered or changed in
5 such manner that false information appears on the license
6 plate or parking decal or device.
7 "Authorized holder" means an individual issued a person
8 with disabilities license plate under Section 3-616 of this
9 Code or an individual issued a person with disabilities
10 parking decal or device under Section 11-1301.2 of this Code.
11 (b) It is a violation of this Section for any person:
12 (1) to knowingly possess any fictitious or
13 unlawfully altered person with disabilities license plate
14 or parking decal or device;
15 (2) to knowingly issue or assist in the issuance
16 of, by the Secretary of State or unit of local
17 government, any fictitious person with disabilities
18 license plate or parking decal or device;
19 (3) to knowingly alter any person with disabilities
20 license plate or parking decal or device;
21 (4) to knowingly manufacture, possess, transfer, or
22 provide any documentation used in the application process
23 whether real or fictitious, for the purpose of obtaining
24 a fictitious person with disabilities license plate or
25 parking decal or device;
26 (5) to knowingly provide any false information to
27 the Secretary of State or a unit of local government in
28 order to obtain a person with disabilities license plate
29 or parking decal or device; or
30 (6) to knowingly transfer a person with
31 disabilities license plate or parking decal or device for
32 the purpose of exercising the privileges granted to an
33 authorized holder of a person with disabilities license
34 plate or parking decal or device under this Code in the
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1 absence of the authorized holder.
2 (c) Sentence.
3 (1) Any person convicted of a violation of this
4 Section shall be guilty of a Class A misdemeanor.
5 (2) Any person who commits a violation of this
6 Section may have his or her driving privileges suspended
7 or revoked by the Secretary of State for a period of time
8 determined by the Secretary of State.
9 (Source: P.A. 90-106, eff. 1-1-98; revised 8-14-97.)
10 (625 ILCS 5/11-1301.7)
11 Sec. 11-1301.7. 11-1301.5. Appointed volunteers and
12 contracted entities; disabled person parking violations.
13 (a) The chief of police of a municipality and the
14 sheriff of a county authorized to enforce parking laws may
15 appoint volunteers or contract with public or private
16 entities to issue parking violation notices for violations of
17 Section 11-1301.3 or ordinances dealing with parking
18 privileges for persons with disabilities. Volunteers
19 appointed under this Section and any employees of public or
20 private entities that the chief of police or sheriff has
21 contracted with under this Section who are issuing these
22 parking violation notices must be at least 21 years of age.
23 The chief of police or sheriff appointing the volunteers or
24 contracting with public or private entities may establish any
25 other qualifications that he or she deems desirable.
26 (b) The chief of police or sheriff appointing volunteers
27 under this Section shall provide training to the volunteers
28 before authorizing them to issue parking violation notices.
29 (c) A parking violation notice issued by a volunteer
30 appointed under this Section or by a public or private entity
31 that the chief of police or sheriff has contracted with under
32 this Section shall have the same force and effect as a
33 parking violation notice issued by a police officer for the
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1 same offense.
2 (d) All funds collected as a result of the payment of
3 the parking violation notices issued under this Section shall
4 go to the municipality or county where the notice is issued.
5 (e) An appointed volunteer or private or public entity
6 under contract pursuant to this Section is not liable for his
7 or her or its act or omission in the execution or enforcement
8 of laws or ordinances if acting within the scope of the
9 appointment or contract authorized by this Section, unless
10 the act or omission constitutes willful and wanton conduct.
11 (f) Except as otherwise provided by statute, a local
12 government, a chief of police, sheriff, or employee of a
13 police department or sheriff, as such and acting within the
14 scope of his or her employment, is not liable for an injury
15 caused by the act or omission of an appointed volunteer or
16 private or public entity under contract pursuant to this
17 Section. No local government, chief of police, sheriff, or
18 an employee of a local government, police department or
19 sheriff shall be liable for any actions regarding the
20 supervision or direction, or the failure to supervise and
21 direct, an appointed volunteer or private or public entity
22 under contract pursuant to this Section unless the act or
23 omission constitutes willful and wanton conduct.
24 (g) An appointed volunteer or private or public entity
25 under contract pursuant to this Section shall assume all
26 liability for and hold the property owner and his agents and
27 employees harmless from any and all claims of action
28 resulting from the work of the appointed volunteer or public
29 or private entity.
30 (Source: P.A. 90-181, eff. 7-23-97; revised 8-14-97.)
31 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
32 Sec. 12-215. Oscillating, rotating or flashing lights on
33 motor vehicles. Except as otherwise provided in this Code:
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1 (a) The use of red or white oscillating, rotating or
2 flashing lights, whether lighted or unlighted, is prohibited
3 except on:
4 1. Law enforcement vehicles of State, Federal or
5 local authorities;
6 2. A vehicle operated by a police officer or county
7 coroner and designated or authorized by local
8 authorities, in writing, as a law enforcement vehicle;
9 however, such designation or authorization must be
10 carried in the vehicle;
11 3. Vehicles of local fire departments and State or
12 federal firefighting vehicles;
13 4. Vehicles which are designed and used exclusively
14 as ambulances or rescue vehicles; furthermore, such
15 lights shall not be lighted except when responding to an
16 emergency call for and while actually conveying the sick
17 or injured; and
18 5. Tow trucks licensed in a state that requires
19 such lights; furthermore, such lights shall not be
20 lighted on any such tow truck while the tow truck is
21 operating in the State of Illinois.
22 (b) The use of amber oscillating, rotating or flashing
23 lights, whether lighted or unlighted, is prohibited except
24 on:
25 1. Second division vehicles designed and used for
26 towing or hoisting vehicles; furthermore, such lights
27 shall not be lighted except as required in this paragraph
28 1; such lights shall be lighted when such vehicles are
29 actually being used at the scene of an accident or
30 disablement; if the towing vehicle is equipped with a
31 flat bed that supports all wheels of the vehicle being
32 transported, the lights shall not be lighted while the
33 vehicle is engaged in towing on a highway; if the towing
34 vehicle is not equipped with a flat bed that supports all
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1 wheels of a vehicle being transported, the lights shall
2 be lighted while the towing vehicle is engaged in towing
3 on a highway during all times when the use of headlights
4 is required under Section 12-201 of this Code;
5 2. Motor vehicles or equipment of the State of
6 Illinois, local authorities and contractors; furthermore,
7 such lights shall not be lighted except while such
8 vehicles are engaged in maintenance or construction
9 operations within the limits of construction projects;
10 3. Vehicles or equipment used by engineering or
11 survey crews; furthermore, such lights shall not be
12 lighted except while such vehicles are actually engaged
13 in work on a highway;
14 4. Vehicles of public utilities, municipalities, or
15 other construction, maintenance or automotive service
16 vehicles except that such lights shall be lighted only as
17 a means for indicating the presence of a vehicular
18 traffic hazard requiring unusual care in approaching,
19 overtaking or passing while such vehicles are engaged in
20 maintenance, service or construction on a highway;
21 5. Oversized vehicle or load; however, such lights
22 shall only be lighted when moving under permit issued by
23 the Department under Section 15-301 of this Code;
24 6. The front and rear of motorized equipment owned
25 and operated by the State of Illinois or any political
26 subdivision thereof, which is designed and used for
27 removal of snow and ice from highways;
28 7. Fleet safety vehicles registered in another
29 state, furthermore, such lights shall not be lighted
30 except as provided for in Section 12-212 of this Code;
31 8. Such other vehicles as may be authorized by
32 local authorities;
33 9. Law enforcement vehicles of State or local
34 authorities when used in combination with red
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1 oscillating, rotating or flashing lights;
2 10. Vehicles used for collecting or delivering mail
3 for the United States Postal Service provided that such
4 lights shall not be lighted except when such vehicles are
5 actually being used for such purposes;
6 11. Any vehicle displaying a slow-moving vehicle
7 emblem as provided in Section 12-205.1;
8 12. All trucks equipped with self-compactors or
9 roll-off hoists and roll-on containers for garbage or
10 refuse hauling. Such lights shall not be lighted except
11 when such vehicles are actually being used for such
12 purposes;
13 13. Vehicles used by a security company, alarm
14 responder, or control agency, if the security company,
15 alarm responder, or control agency is bound by a contract
16 with a federal, State, or local government entity to use
17 the lights; and
18 14. Security vehicles of the Department of Human
19 Services; however, the lights shall not be lighted except
20 when being used for security related purposes under the
21 direction of the superintendent of the facility where the
22 vehicle is located.
23 (c) The use of blue oscillating, rotating or flashing
24 lights, whether lighted or unlighted is prohibited except:
25 1. On vehicles owned or fully operated by a:
26 voluntary firefighter;
27 paid firefighter;
28 part-paid firefighter;
29 call firefighter;
30 member of the board of trustees of a fire
31 protection district;
32 paid or unpaid member of a rescue squad;
33 paid or unpaid member of a voluntary ambulance
34 unit;
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1 rescue squad vehicles not owned by a fire
2 department.
3 However, such lights are not to be lighted except
4 when responding to a bona fide emergency.
5 2. Police department vehicles in cities having a
6 population of 500,000 or more inhabitants.
7 3. Law enforcement vehicles of State or local
8 authorities when used in combination with red
9 oscillating, rotating or flashing lights.
10 4. Vehicles of local fire departments and State or
11 federal firefighting vehicles when used in combination
12 with red oscillating, rotating or flashing lights.
13 5. Vehicles which are designed and used exclusively
14 as ambulances or rescue vehicles when used in combination
15 with red oscillating, rotating or flashing lights;
16 furthermore, such lights shall not be lighted except when
17 responding to an emergency call.
18 6. Vehicles that are equipped and used exclusively
19 as organ transport vehicles when used in combination with
20 red oscillating, rotating, or flashing lights;
21 furthermore, these lights shall only be lighted when the
22 transportation is declared an emergency by a member of
23 the transplant team or a representative of the organ
24 procurement organization.
25 (d) The use of a combination of amber and white
26 oscillating, rotating or flashing lights, whether lighted or
27 unlighted, is prohibited, except motor vehicles or equipment
28 of the State of Illinois, local authorities and contractors
29 may be so equipped; furthermore, such lights shall not be
30 lighted except while such vehicles are engaged in highway
31 maintenance or construction operations within the limits of
32 highway construction projects.
33 (e) All oscillating, rotating or flashing lights
34 referred to in this Section shall be of sufficient intensity,
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1 when illuminated, to be visible at 500 feet in normal
2 sunlight.
3 (f) Nothing in this Section shall prohibit a
4 manufacturer of oscillating, rotating or flashing lights or
5 his representative from temporarily mounting such lights on a
6 vehicle for demonstration purposes only.
7 (g) Any person violating the provisions of subsections
8 (a), (b), (c) or (d) of this Section who without lawful
9 authority stops or detains or attempts to stop or detain
10 another person shall be guilty of a Class 4 felony.
11 (h) Except as provided in subsection (g) above, any
12 person violating the provisions of subsections (a) or (c) of
13 this Section shall be guilty of a Class A misdemeanor.
14 (Source: P.A. 89-433, eff. 12-15-95; 89-507, eff. 7-1-97;
15 90-330, eff. 8-8-97; 90-347, eff. 1-1-98; revised 10-27-97.)
16 (625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
17 Sec. 12-601. Horns and warning devices.
18 (a) Every motor vehicle when operated upon a highway
19 shall be equipped with a horn in good working order and
20 capable of emitting sound audible under normal conditions
21 from a distance of not less than 200 feet, but no horn or
22 other warning device shall emit an unreasonable loud or harsh
23 sound or a whistle. The driver of a motor vehicle shall when
24 reasonably necessary to insure safe operation give audible
25 warning with his horn but shall not otherwise use such horn
26 when upon a highway.
27 (b) No vehicle shall be equipped with nor shall any
28 person use upon a vehicle any siren, whistle, or bell, except
29 as otherwise permitted in this section. Any authorized
30 emergency vehicle or organ transport vehicle as defined in
31 Chapter 1 of this Act may be equipped with a siren, whistle,
32 or bell, capable of emitting sound audible under normal
33 conditions from a distance of not less than 500 feet, but
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1 such siren, whistle or bell, shall not be used except when
2 such vehicle is operated in response to an emergency call or
3 in the immediate pursuit pursuant of an actual or suspected
4 violator of the law in either of which events the driver of
5 such vehicle shall sound such siren, whistle or bell, when
6 necessary to warn pedestrians and other drivers of the
7 approach thereof.
8 (c) Trackless trolley coaches, as defined by Section
9 1-206 of this Code, and replica trolleys, as defined by
10 Section 1-171.04 of this Code, may be equipped with a bell or
11 bells in lieu of a horn, and may, in addition to the
12 requirements of paragraph (a) of this Section, use a bell or
13 bells for the purpose of indicating arrival or departure at
14 designated stops during the hours of scheduled operation.
15 (Source: P.A. 89-345, eff. 1-1-96; 89-687, eff. 6-1-97;
16 90-347, eff. 1-1-98; revised 12-18-97.)
17 (625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
18 Sec. 12-603. Seat safety belts.
19 (a) No person shall sell any 1965 or later model motor
20 vehicle of the first division unless the front seat of such
21 motor vehicle is equipped with 2 sets of seat safety belts.
22 Motorcycles are exempted from the provisions of this Section.
23 (b) No person shall operate any 1965 or later model
24 motor vehicle of the first division that is titled or
25 licensed by the Secretary of State unless the front seat of
26 such motor vehicle is equipped with 2 sets of seat safety
27 belts.
28 (b-5) No person under the age of 18 years shall operate
29 any motor vehicle, except a motor driven cycle or motorcycle,
30 with more than one passenger in the front seat of the motor
31 vehicle and no more passengers in the back seats than the
32 number of available seat safety belts, except that each
33 driver under the age of 18 years operating a second division
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1 vehicle having a gross vehicle weight rating of 8,000 pounds
2 or less that contains only a front seat may operate the
3 vehicle with more than one passenger in the front seat,
4 provided that each passenger is wearing a properly adjusted
5 and fastened seat safety belt.
6 (c) (Blank).
7 (d) The Department shall establish performance
8 specifications for seat safety belts and for the attachment
9 and installation thereof.
10 (Source: P.A. 89-120, eff. 7-7-95; 90-89, eff. 1-1-98;
11 90-369, eff. 1-1-98; revised 10-8-97.)
12 (625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
13 Sec. 15-107. Length of vehicles.
14 (a) Unless otherwise provided for in this Code, no
15 single vehicle, with or without load, other than a
16 semitrailer that is not a housetrailer, shall exceed an
17 overall length of 42 feet.
18 (b) Subject to the provisions of paragraph (f) and
19 unless otherwise provided in this Code, no truck tractor and
20 semitrailer, unladen or with load, except a semitrailer other
21 than a house trailer, shall exceed a length of 55 feet
22 extreme overall dimension, except that the combination when
23 specially designed to transport motor vehicles may have a
24 length of 60 feet extreme overall dimension, subject to those
25 exceptions and special rules otherwise stated in this Code.
26 No other combination of vehicles, unladen or with load, shall
27 exceed a length of 60 feet extreme overall dimension.
28 (c) A truck tractor semitrailer may draw one trailer, or
29 a converter dolly, or a vehicle that is special mobile
30 equipment if the extreme length of the combination does not
31 exceed 60 feet, and a truck in transit may draw 3 trucks in
32 transit coupled together by the triple saddlemount method.
33 Except as otherwise provided, no other combinations of
-1058- LRB9000999EGfgam01
1 vehicles coupled together shall consist of more than 2
2 vehicles. For the purposes of this paragraph, a tow-dolly
3 that merely serves as substitute wheels for another legally
4 licensed vehicle will be considered part of the vehicle and
5 not as a separate vehicle.
6 Vehicles in combination, whether being operated
7 intrastate or interstate, shall be operated and towed in
8 compliance with all requirements of Federal Highway
9 Administration, Title 49, C. F. R., Motor Carrier Safety
10 Regulations, pertaining to coupling devices and towing
11 methods and all other equipment safety requirements set forth
12 in the regulations.
13 (d) Notwithstanding any other provisions of this Code,
14 there is no overall length limitation on motor vehicles
15 operating in truck tractor-semitrailer or truck
16 tractor-semitrailer-trailer combinations, except that
17 maxi-cube combinations as defined in this Section, and a
18 combination of vehicles specifically designed to transport
19 motor vehicles or boats, shall not exceed 65 feet overall
20 length, and provided that a stinger steered combination of
21 vehicles specifically designed to transport motor vehicles or
22 boats and a truck in transit transporting 3 trucks coupled
23 together by the triple saddlemount method shall not exceed 75
24 feet overall length, with the length limitations inclusive of
25 front and rear bumpers but exclusive of the overhang of the
26 transported vehicles as provided for in paragraph (i) of this
27 Section, upon the National System of Interstate and Defense
28 Highways or any other highways in the system of State
29 highways that have been designated Class I highways by the
30 Department or any street or highway designated by local
31 authorities or road district commissioners; provided that the
32 length of the semitrailer unit, unladen or with load,
33 operated in a truck tractor-semitrailer combination shall not
34 exceed 53 feet and the distance between the kingpin and the
-1059- LRB9000999EGfgam01
1 center of the rear axle of a semitrailer longer than 48 feet
2 shall not exceed 45 feet, 6 inches; and provided that the
3 length of any semitrailer or trailer, unladen or with load,
4 operated in a truck tractor-semitrailer-trailer combination
5 shall not exceed 28 feet 6 inches.
6 The length limitations described in this paragraph (d)
7 shall be exclusive of safety and energy conservation devices,
8 such as rear view mirrors, turn signals, marker lamps, steps
9 and handholds for entry and egress, flexible fender
10 extensions, bumpers, mudflaps and splash and spray
11 suppressant devices, load-induced tire bulge, refrigeration
12 units or air compressors and other devices, that the
13 Department may interpret as necessary for safe and efficient
14 operation; except that no device excluded under this
15 paragraph shall have by its design or use the capability to
16 carry cargo.
17 Vehicles operating under this paragraph (d) shall have
18 access for a distance of one highway mile to or from a Class
19 I highway on any street or highway, unless there is a sign
20 prohibiting the access, or 5 highway miles on a street or
21 highway in the system of State highways, and upon any street
22 or highway designated, without additional fees, by local
23 authorities or road district commissioners, to points of
24 loading and unloading and facilities for food, fuel, repairs
25 and rest. Household goods carriers shall have access to
26 points of loading and unloading.
27 Section 5-35 of the Illinois Administrative Procedure Act
28 relating to procedures for rulemaking shall not apply to the
29 designation of highways under this paragraph (d).
30 (e) In addition to the designation of highways under
31 paragraph (d) the Department may designate other streets or
32 highways in the system of State highways as Class II
33 highways. Notwithstanding any other provisions of this Code,
34 effective June 1, 1996 there is no overall length limitation
-1060- LRB9000999EGfgam01
1 on motor vehicles operating in truck tractor-semitrailer
2 combinations operating upon designated Class II highways,
3 provided the length of the semitrailer unit, unladen or with
4 load, operated in a truck tractor-semitrailer combination
5 shall not exceed 53 feet and the distance between the kingpin
6 and the center of the rear axle of a semitrailer longer than
7 48 feet shall not exceed 45 feet, 6 inches. A truck
8 tractor-semitrailer-trailer combination may be operated
9 provided that the wheelbase between the front axle and rear
10 axle shall not exceed 65 feet and the length of any
11 semitrailer or trailer, unladen or with load, in a
12 combination shall not exceed 28 feet 6 inches. Local
13 authorities and road district commissioners with respect to
14 streets and highways under their jurisdiction, may also by
15 ordinance or resolution allow the length limitations of this
16 paragraph (e).
17 A maxi-cube combination, a truck in transit transporting
18 3 trucks coupled together by the triple saddlemount method,
19 and a combination of vehicles specifically designed to
20 transport motor vehicles or boats may operate on the
21 designated streets or highways provided the overall length
22 shall not exceed 65 feet, and provided that a stinger steered
23 combination of vehicles specifically designed to transport
24 motor vehicles or boats shall not exceed 75 feet overall
25 length, with the length limitations inclusive of front and
26 rear bumpers but exclusive of the overhang of the transported
27 vehicles as provided for in paragraph (i) of this Section.
28 The length limitations described in this paragraph (e)
29 shall be exclusive of safety and energy conservation devices,
30 such as rear view mirrors, turn signals, marker lamps, steps
31 and handholds for entry and egress, flexible fender
32 extensions, bumpers, mudflaps and splash and spray
33 suppressant devices, load-induced tire bulge, refrigeration
34 units or air compressors and other devices, that the
-1061- LRB9000999EGfgam01
1 Department may interpret as necessary for safe and efficient
2 operation; except that no device excluded under this
3 paragraph shall have by its design or use the capability to
4 carry cargo.
5 Vehicles operating under this paragraph (e) shall have
6 access for a distance of 5 highway miles on a street or
7 highway in the system of State highways, and upon any street
8 or 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. Household goods
11 carriers shall have access to points of loading and
12 unloading.
13 Section 5-35 of the Illinois Administrative Procedure Act
14 relating to procedures for rulemaking shall not apply to the
15 designation of highways under this paragraph (e).
16 (f) On any street or highway in the system of State
17 highways that has not been designated by the Department under
18 paragraph (d) or (e), the wheelbase between the front axle
19 and the rear axle in a truck tractor-semitrailer combination
20 shall not exceed 55 feet or, effective June 1, 1996, no truck
21 tractor and semitrailer, unladen or with load, except a
22 semitrailer other than a house trailer, shall exceed a length
23 of 65 feet between extreme overall dimensions, the length of
24 the semitrailer, unladen or with load, shall not exceed 53
25 feet and the distance between the kingpin and the center of
26 the rear axle of a semitrailer longer than 48 feet shall not
27 exceed 42 feet, 6 inches. On any street or highway in the
28 State system of highways that has not been designated by the
29 Department under paragraph (d) or (e), no truck
30 tractor-semitrailer-trailer combination shall exceed a length
31 of 60 feet extreme overall dimension.
32 (g) Length limitations in the preceding subsections of
33 this Section 15-107 shall not apply to vehicles operated in
34 the daytime, except on Saturdays, Sundays or legal holidays,
-1062- LRB9000999EGfgam01
1 when transporting poles, pipe, machinery or other objects of
2 a structural nature that cannot readily be dismembered, nor
3 to vehicles transporting those objects operated on Saturdays,
4 Sundays or legal holidays or at nighttime by a public utility
5 when required for emergency repair of public service
6 facilities or properties, but in respect to the night
7 operation every vehicle and the load thereon shall be
8 equipped with a sufficient number of clearance lamps on both
9 sides and marker lamps upon the extreme ends of any
10 projecting load to clearly mark the dimensions of the load,
11 provided that the overall length of vehicle and load shall
12 not exceed 100 feet and no object exceeding 80 feet in length
13 shall be transported, except by a public utility when
14 required for emergency repairs, unless a permit has first
15 been obtained as authorized in Section 15-301. A combination
16 of vehicles, including a tow truck and a disabled vehicle or
17 disabled combination of vehicles, that exceeds the length
18 restriction imposed by this Code, may be operated on a public
19 highway in this State upon the following conditions:
20 (1) The towing vehicle must be:
21 a. specifically designed as a tow truck having
22 a gross vehicle weight rating of at least 18,000
23 lbs. and equipped with air brakes;
24 b. equipped with flashing, rotating or
25 oscillating amber lights, visible for a 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 vehicles on the highways of this
31 State shall not exceed 50 miles from the initial point of
32 wreck or disablement. Any additional movement of the
33 vehicles shall only occur upon issuance of authorization
34 for that movement under the provisions of Section 15-301
-1063- LRB9000999EGfgam01
1 through 15-319 of this Chapter.
2 The Department may by rule or regulation prescribe
3 additional requirements regarding length limitations for a
4 tow truck towing another vehicle.
5 For the purpose of this subsection, gross vehicle weight
6 rating, or GVWR, shall mean the value specified by the
7 manufacturer as the loaded weight of the tow truck. Legal
8 holidays referred to in this Section shall be specified as
9 the day on which the following traditional holidays are
10 celebrated:
11 New Year's Day;
12 Memorial Day;
13 Independence Day;
14 Labor Day;
15 Thanksgiving Day; and
16 Christmas Day.
17 (h) The load upon any vehicle operated alone, or the
18 load upon the front vehicle of a combination of vehicles,
19 shall not extend more than 3 feet beyond the front wheels of
20 the vehicle or the front bumper of the vehicle if it is
21 equipped with a front bumper. The provisions of this
22 subsection (h) shall not apply to any vehicle or combination
23 of vehicles specifically designed for the collection and
24 transportation of waste, garbage, or recyclable materials
25 during the vehicle's operation in the course of collecting
26 garbage, waste, or recyclable materials if the such vehicle
27 is traveling at a speed not in excess of 15 miles per hour
28 during the vehicle's operation and in the course of
29 collecting garbage, waste, or recyclable materials. However,
30 in no instance shall the load extend more than 7 feet beyond
31 the front wheels of the vehicle or the front bumper of the
32 vehicle if it is equipped with a front bumper.
33 (i) The load upon the front vehicle of a combination of
34 vehicles specifically designed to transport motor vehicles
-1064- LRB9000999EGfgam01
1 shall not extend more than 3 feet beyond the foremost part of
2 the transporting vehicle and the load upon the rear
3 transporting vehicle shall not extend more than 4 feet beyond
4 the rear of the bed or body of the vehicle. This paragraph
5 shall only be applicable upon highways designated in
6 paragraphs (d) and (e) of this Section.
7 (j) Articulated vehicles comprised of 2 sections,
8 neither of which exceeds a length of 42 feet, designed for
9 the carrying of more than 10 persons, may be up to 60 feet in
10 length, not including energy absorbing bumpers, provided that
11 the vehicles are:
12 1. operated by or for any public body or motor
13 carrier authorized by law to provide public
14 transportation services; or
15 2. operated in local public transportation service
16 by any other person and the municipality in which the
17 service is to be provided approved the operation of the
18 vehicle.
19 (j-1) Charter or regulated route buses may be up to 45
20 feet in length, not including energy absorbing bumpers.
21 (k) Any person who is convicted of violating this
22 Section is subject to the penalty as provided in paragraph
23 (b) of Section 15-113.
24 (l) A combination of 3 vehicles not to exceed 60 feet
25 overall length may be operated on the highways of the State,
26 provided that the vehicles meet the following requirements:
27 (1) The towing vehicle is a properly registered
28 vehicle capable of towing another vehicle using a
29 fifth-wheel type assembly.
30 (2) The second vehicle in the combination of
31 vehicles shall be a recreational vehicle that is towed by
32 a fifth-wheel assembly. This vehicle shall be properly
33 registered and be equipped with brakes regardless of
34 weight.
-1065- LRB9000999EGfgam01
1 (3) The third vehicle shall be the lightest of the
2 3 vehicles and be a trailer or semi-trailer designed or
3 used for transporting a boat, all-terrain vehicle,
4 personal watercraft, or motorcycle.
5 (4) The towed vehicles may only be for the use of
6 the operator of the towing vehicle.
7 (5) All vehicles shall be properly equipped with
8 operating brakes and safety equipment required by this
9 Code, except the additional brake requirement in
10 paragraph (2) above.
11 (Source: P.A. 89-219, eff. 1-1-96; 89-434, eff. 6-1-96;
12 89-626, eff. 8-9-96; 90-89, eff. 1-1-98; 90-147, eff.
13 7-23-97; 90-407, eff. 8-15-97; revised 10-8-97.)
14 (625 ILCS 5/15-108) (from Ch. 95 1/2, par. 15-108)
15 Sec. 15-108. Planking edge of a pavement. No tractor,
16 traction engine or of other metal tired vehicle, weighing
17 more than 4 four tons, including the weight of the vehicle
18 and its load, shall drive up onto, off or over the edge of
19 any paved public highway in this State, without protecting
20 such edge by putting down solid planks or other suitable
21 device to prevent such vehicle from breaking off the edges or
22 corners of such pavement.
23 (Source: P.A. 76-1586; revised 12-18-97.)
24 (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
25 Sec. 15-111. Wheel and axle loads and gross weights.
26 (a) No vehicle or combination of vehicles equipped with
27 pneumatic tires shall be operated, unladen or with load, upon
28 the highways of this State when the gross weight on the road
29 surface through any single axle thereof exceeds 18,000
30 pounds, except when a different limit is established and
31 posted in accordance with Section 15-316 and except any
32 single axle of a 2 axle motor vehicle weighing 36,000 pounds
-1066- LRB9000999EGfgam01
1 or less and not a part of a combination of vehicles, shall
2 not exceed 20,000 pounds. Provided, however, that any single
3 axle of a 2 axle motor vehicle equipped with a personnel lift
4 or digger derrick, weighing 36,000 pounds or less, owned and
5 operated by a public utility, shall not exceed 20,000 pounds.
6 No vehicle or combination of vehicles equipped with other
7 than pneumatic tires shall be operated, unladen or with load,
8 upon the highways of this State when the gross weight on the
9 road surface through any wheel thereof exceeds 800 pounds per
10 inch width of tire tread or when the gross weight on the road
11 surface through any axle thereof exceeds 16,000 pounds. The
12 gross weight transmitted to the road surface through tandem
13 axles shall not exceed 32,000 pounds and no axle of the
14 series shall exceed the maximum weight permitted under this
15 Section for a single axle. Provided that on a 4 axle vehicle
16 or on a 5 or more axle combination of vehicles the weight on
17 a series of 3 axles whose centers are more than 96 inches
18 apart, measured between extreme axles in the series, shall
19 not exceed those allowed on 3 axles in the table contained in
20 subsection (f) of this Section and no axle or tandem axle of
21 the series shall exceed the maximum weight permitted under
22 this Section for a single or tandem axle. Provided also that
23 a 3 axle vehicle or 3 axle truck mixer registered as a
24 Special Hauling Vehicle, used exclusively for the mixing and
25 transportation of concrete, specially equipped with a road
26 surface engaging mixer trailing 4th axle, manufactured
27 prior to or in the model year of 2004 and first registered in
28 Illinois prior to January 1, 2005, with a distance greater
29 than 72 inches but not more than 96 inches between any series
30 of 2 axles may transmit to the road surface a maximum weight
31 of 18,000 pounds on each of these axles with a gross weight
32 on these 2 axles not to exceed 36,000 pounds. Any such
33 vehicle manufactured in the model year of 2004 or thereafter
34 or first registered in Illinois after December 31, 2004 may
-1067- LRB9000999EGfgam01
1 transmit to the road surface a maximum of 32,000 pounds
2 through these 2 axles and none of the axles shall exceed
3 18,000 pounds.
4 A truck, not in combination and specially equipped with a
5 selfcompactor, or an industrial roll-off hoist and roll-off
6 container, used exclusively for garbage or refuse operations,
7 and a truck used exclusively for the collection of rendering
8 materials may, however, when laden, transmit upon the road
9 surface of any highway except when part of the National
10 System of Interstate and Defense Highways, a gross weight
11 upon a single axle not more than 22,000 pounds, and upon a
12 tandem axle not more than 40,000 pounds. When unladen,
13 however, those trucks shall comply with the axle limitations
14 applicable to all other trucks.
15 A 2 axle truck specially equipped with a front loading
16 compactor used exclusively for garbage, refuse, or recycling
17 may transmit 20,000 pounds per axle provided that the gross
18 weight of the vehicle does not exceed 40,000 pounds.
19 (b) The gross weight of vehicles and combination of
20 vehicles including the weight of the vehicle or combination
21 and its maximum load shall be subject to the foregoing
22 limitations and further shall not exceed the following gross
23 weights dependent upon the number of axles and distance
24 between extreme axles of the vehicle or combination measured
25 longitudinally to the nearest foot.
26 VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
27 VEHICLES OR COMBINATIONS
28 HAVING 3 AXLES
29 With Tandem With or
30 Axles Without
31 Tandem Axles
32 Minimum Minimum
33 distance to Maximum distance to Maximum
-1068- LRB9000999EGfgam01
1 nearest foot Gross nearest foot Gross
2 between Weight between Weight
3 extreme axles (pounds) extreme axles (pounds)
4 10 feet 41,000 16 feet 46,000
5 11 42,000 17 47,000
6 12 43,000 18 47,500
7 13 44,000 19 48,000
8 14 44,500 20 49,000
9 15 45,000 21 feet or more 50,000
10 VEHICLES OR COMBINATIONS
11 HAVING 4 AXLES
12 Minimum Minimum
13 distance to Maximum distance to Maximum
14 nearest foot Gross nearest foot Gross
15 between Weight between Weight
16 extreme axles (pounds) extreme axles (pounds)
17 15 feet 50,000 26 feet 57,500
18 16 50,500 27 58,000
19 17 51,500 28 58,500
20 18 52,000 29 59,500
21 19 52,500 30 60,000
22 20 53,500 31 60,500
23 21 54,000 32 61,500
24 22 54,500 33 62,000
25 23 55,500 34 62,500
26 24 56,000 35 63,500
27 25 56,500 36 feet or more 64,000
28 In applying the above table to a vehicle having more than
29 4 axles that is not in combination, only 4 axles shall be
30 considered in determining the maximum gross weights.
31 COMBINATIONS HAVING 5 OR MORE AXLES
32 Minimum distance to Maximum
33 nearest foot between Gross Weight
34 extreme axles (pounds)
-1069- LRB9000999EGfgam01
1 42 feet or less 72,000
2 43 73,000
3 44 feet or more 73,280
4 VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
5 TRUCKS EQUIPPED WITH SELFCOMPACTORS
6 OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
7 OR REFUSE HAULS ONLY AND TRUCKS USED FOR
8 THE COLLECTION OF RENDERING MATERIALS
9 On Highway Not Part of National System
10 of Interstate and Defense Highways
11 with 2 axles 36,000 pounds
12 with 3 axles 54,000 pounds
13 TWO AXLE TRUCKS EQUIPPED WITH
14 A FRONT LOADING COMPACTOR USED EXCLUSIVELY
15 FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
16 with 2 axles 40,000 pounds
17 (c) Cities having a population of more than 50,000 may
18 permit by ordinance axle loads on 2 axle motor vehicles 33
19 1/2% above those provided for herein, but the increase shall
20 not become effective until the city has officially notified
21 the Department of the passage of the ordinance and shall not
22 apply to those vehicles when outside of the limits of the
23 city, nor shall the gross weight of any 2 axle motor vehicle
24 operating over any street of the city exceed 40,000 pounds.
25 (d) Weight limitations shall not apply to vehicles
26 (including loads) operated by a public utility when
27 transporting equipment required for emergency repair of
28 public utility facilities or properties or water wells.
29 A combination of vehicles, including a tow truck and a
30 disabled vehicle or disabled combination of vehicles, that
31 exceeds the weight restriction imposed by this Code, may be
32 operated on a public highway in this State provided that
-1070- LRB9000999EGfgam01
1 neither the disabled vehicle nor any vehicle being towed nor
2 the tow truck itself shall exceed the weight limitations
3 permitted under this Chapter. During the towing operation,
4 neither the tow truck nor the vehicle combination shall
5 exceed the following axle weight limitations:
6 A. 24,000 pounds - Single rear axle;
7 B. 44,000 pounds - Tandem rear axle;
8 Gross weight limits shall not apply to the combination of
9 the tow truck and vehicles being towed. The tow truck
10 license plate must cover the operating empty weight of the
11 tow truck only. The weight of each vehicle being towed shall
12 be covered by a valid license plate issued to the owner or
13 operator of the vehicle being towed and displayed on that
14 vehicle. If no valid plate issued to the owner or operator of
15 that vehicle is displayed on that vehicle, or the plate
16 displayed on that vehicle does not cover the weight of the
17 vehicle, the weight of the vehicle shall be covered by the
18 third tow truck plate issued to the owner or operator of the
19 tow truck and temporarily affixed to the vehicle being towed.
20 In addition, the following conditions must be met:
21 (1) the towing vehicle must be:
22 a. specifically designed as a tow truck having
23 a gross vehicle weight rating of at least 18,000
24 lbs. and equipped with air brakes provided that air
25 brakes shall be required only if the towing vehicle
26 is towing a vehicle, semitrailer, or tractor-trailer
27 combination that is equipped with airbrakes;
28 b. equipped with flashing, rotating or
29 oscillating amber lights, visible for at least 500
30 feet in all directions; and
31 c. capable of utilizing the lighting and
32 braking systems of the disabled vehicle or
33 combination of vehicles.
34 (2) The towing of the vehicles on the highways of
-1071- LRB9000999EGfgam01
1 this State shall not exceed 20 miles from the initial
2 point of wreck or disablement. Any additional movement of
3 the vehicles shall only occur upon issuance of
4 authorization for that movement under the provisions of
5 Sections 15-301 through 15-319 of this Chapter.
6 The Department may by rule or regulation prescribe
7 additional requirements. However, nothing in this Code shall
8 prohibit a tow truck under instructions of a police officer
9 from legally clearing a disabled vehicle, that may be in
10 violation of weight limitations of this Chapter, from the
11 roadway to the berm or shoulder of the highway.
12 For the purpose of this subsection, gross vehicle weight
13 rating, or GVWR, shall mean the value specified by the
14 manufacturer as the loaded weight of the tow truck.
15 (e) No vehicle or combination of vehicles equipped with
16 pneumatic tires shall be operated, unladen or with load, upon
17 the highways of this State in violation of the provisions of
18 any permit issued under the provisions of Sections 15-301
19 through 15-319 of this Chapter.
20 (f) Notwithstanding any other provision in this Code,
21 except for those provisions of subsection (d) of this Section
22 relating to emergency operations of public utilities and tow
23 trucks while actually engaged in the towing of a disabled
24 vehicle, and those vehicles for which the Department issues
25 overweight permits under authority of Section 15-301 of this
26 Code, the weight limitations contained in this subsection
27 shall apply to the National System of Interstate and Defense
28 Highways and other highways in the system of State highways
29 that have been designated by the Department as Class I, II,
30 or III. No vehicle shall be operated on the highways with a
31 weight in excess of 20,000 pounds carried on any one axle or
32 with a tandem axle weight in excess of 34,000 pounds, or a
33 gross weight in excess of 80,000 pounds for vehicle
34 combinations of 5 axles or more, or a gross weight on a group
-1072- LRB9000999EGfgam01
1 of 2 or more consecutive axles in excess of that weight
2 produced by the application of the following formula:
3 W = 500 times the sum of (LN divided by N-1) + 12N + 36
4 Where "W" equals overall gross weight on any group of 2 or
5 more consecutive axles to the nearest 500 pounds; "L" equals
6 the distance measured to the nearest foot between extremes of
7 any group of 2 or more consecutive axles; and "N" equals the
8 number of axles in the group under consideration, except that
9 2 consecutive sets of tandem axles may carry a gross load of
10 34,000 pounds each, provided the overall distance between the
11 first and last axles of the consecutive sets of tandem axles
12 is 36 feet or more. Provided also that a 3-axle vehicle
13 registered as a Special Hauling Vehicle manufactured prior to
14 or in the model year of 2004, and first registered in
15 Illinois prior to January 1, 2005, with a distance greater
16 than 72 inches but not more than 96 inches between the 2 rear
17 axles may transmit to the road surface a maximum weight of
18 18,000 pounds on each of the 2 rear axles with a gross weight
19 on these 2 axles not to exceed 36,000 pounds. Any vehicle
20 registered as a Special Hauling Vehicle manufactured prior to
21 or in the model year of 2004 or thereafter or first
22 registered in Illinois after December 31, 2004, may transmit
23 to the road surface a maximum of 34,000 pounds through the 2
24 rear axles and neither of the rear axles shall exceed 20,000
25 pounds.
26 The above formula when expressed in tabular form results
27 in allowable loads as follows:
28 Distance measured
29 to the nearest
30 foot between the
31 extremes of any Maximum load in pounds
32 group of 2 or carried on any group of
33 more consecutive 2 or more consecutive axles
34 axles
-1073- LRB9000999EGfgam01
1 feet 2 axles 3 axles 4 axles 5 axles 6 axles
2 4 34,000
3 5 34,000
4 6 34,000
5 7 34,000
6 8 38,000* 42,000
7 9 39,000 42,500
8 10 40,000 43,500
9 11 44,000
10 12 45,000 50,000
11 13 45,500 50,500
12 14 46,500 51,500
13 15 47,000 52,000
14 16 48,000 52,500 58,000
15 17 48,500 53,500 58,500
16 18 49,500 54,000 59,000
17 19 50,000 54,500 60,000
18 20 51,000 55,500 60,500 66,000
19 21 51,500 56,000 61,000 66,500
20 22 52,500 56,500 61,500 67,000
21 23 53,000 57,500 62,500 68,000
22 24 54,000 58,000 63,000 68,500
23 25 54,500 58,500 63,500 69,000
24 26 55,500 59,500 64,000 69,500
25 27 56,000 60,000 65,000 70,000
26 28 57,000 60,500 65,500 71,000
27 29 57,500 61,500 66,000 71,500
28 30 58,500 62,000 66,500 72,000
29 31 59,000 62,500 67,500 72,500
30 32 60,000 63,500 68,000 73,000
31 33 64,000 68,500 74,000
32 34 64,500 69,000 74,500
33 35 65,500 70,000 75,000
34 36 66,000 70,500 75,500
-1074- LRB9000999EGfgam01
1 37 66,500 71,000 76,000
2 38 67,500 72,000 77,000
3 39 68,000 72,500 77,500
4 40 68,500 73,000 78,000
5 41 69,500 73,500 78,500
6 42 70,000 74,000 79,000
7 43 70,500 75,000 80,000
8 44 71,500 75,500
9 45 72,000 76,000
10 46 72,500 76,500
11 47 73,500 77,500
12 48 74,000 78,000
13 49 74,500 78,500
14 50 75,500 79,000
15 51 76,000 80,000
16 52 76,500
17 53 77,500
18 54 78,000
19 55 78,500
20 56 79,500
21 57 80,000
22 *If the distance between 2 axles is 96 inches or less, the 2
23 axles are tandem axles and the maximum load permitted is
24 34,000 pounds, notwithstanding the higher limit resulting
25 from the application of the formula.
26 In applying the above formula to a vehicle having more
27 than 4 axles that is not a combination, only 4 axles shall be
28 considered in determining the maximum gross weight, and for a
29 combination of vehicles having more than 6 axles, only 6
30 axles shall be considered in determining the maximum gross
31 weight.
32 Notwithstanding the above table, 2 consecutive sets of
33 tandem axles may carry a gross weight of 34,000 pounds each
34 if the overall distance between the first and last axles of
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1 the consecutive sets of tandem axles is 36 feet or more.
2 Local authorities and road district highway
3 commissioners, with respect to streets and highways under
4 their jurisdiction, without additional fees, may also by
5 ordinance or resolution allow the weight limitations of this
6 subsection, provided the maximum gross weight on any one axle
7 shall not exceed 20,000 pounds and the maximum gross weight
8 on any tandem axle shall not exceed 34,000 pounds, on
9 designated highways when appropriate regulatory signs giving
10 notice are erected upon the street or highway or portion of
11 any street or highway affected by the ordinance or
12 resolution.
13 Combinations of vehicles, registered as Special Hauling
14 Vehicles that include a semitrailer manufactured prior to or
15 in the model year of 2004, and first registered in Illinois
16 prior to January 1, 2005, having 5 axles with a distance of
17 42 feet or less between extreme axles shall be limited to the
18 weights prescribed in subsections (a) and (b) of this Section
19 and not subject to the bridge formula on the National System
20 of Interstate and Defense Highways and other highways in the
21 system of State highways designated by the Department. For
22 all those combinations of vehicles, that include a
23 semitrailer manufactured after the effective date of this
24 amendatory Act of 1986, the overall distance between the
25 first and last axles of the 2 sets of tandems must be 18 feet
26 6 inches or more. All combinations of vehicles registered as
27 Special Hauling Vehicles that include a semitrailer
28 manufactured prior to or in the model year of 2004 or
29 thereafter or first registered in Illinois after December 31,
30 2004, or that has had its cargo container replaced in its
31 entirety after December 31, 2004, are limited to the gross
32 weight allowed by the above formula.
33 A truck not in combination, equipped with a self
34 compactor or an industrial roll-off hoist and roll-off
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1 container, used exclusively for garbage or refuse operations,
2 shall be allowed the weights as prescribed in subsections (a)
3 and (b) of this Section and not subject to the bridge
4 formula, provided they are not operated on a highway that is
5 part of the Interstate and Defense Highway System.
6 Vehicles operating under this subsection shall have
7 access for a distance of one highway mile to or from a Class
8 I highway on any street or highway, unless there is a sign
9 prohibiting the access, or 5 highway miles to or from either
10 a Class I, II, or III highway on a street or highway included
11 in the system of State highways and upon any street or
12 highway designated by local authorities or road district
13 commissioners to points of loading and unloading and to
14 facilities for food, fuel, repairs and rest.
15 Section 5-35 of the Illinois Administrative Procedure Act
16 relating to procedures for rulemaking shall not apply to the
17 designation of highways under this subsection.
18 (g) No person shall operate a vehicle or combination of
19 vehicles over a bridge or other elevated structure
20 constituting part of a highway with a gross weight that is
21 greater than the maximum weight permitted by the Department,
22 when the structure is sign posted as provided in this
23 Section.
24 (h) The Department upon request from any local authority
25 shall, or upon its own initiative may, conduct an
26 investigation of any bridge or other elevated structure
27 constituting a part of a highway, and if it finds that the
28 structure cannot with safety to itself withstand the weight
29 of vehicles otherwise permissible under this Code the
30 Department shall determine and declare the maximum weight of
31 vehicles that the structures can withstand, and shall cause
32 or permit suitable signs stating maximum weight to be erected
33 and maintained before each end of the structure. No person
34 shall operate a vehicle or combination of vehicles over any
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1 structure with a gross weight that is greater than the posted
2 maximum weight.
3 (i) Upon the trial of any person charged with a
4 violation of subsections (g) or (h) of this Section, proof of
5 the determination of the maximum allowable weight by the
6 Department and the existence of the signs, constitutes
7 conclusive evidence of the maximum weight that can be
8 maintained with safety to the bridge or structure.
9 (Source: P.A. 89-117, eff. 7-7-95; 89-433, eff. 12-15-95;
10 90-89, eff. 1-1-98; 90-330, eff. 8-8-97; revised 10-8-97.)
11 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
12 Sec. 15-301. Permits for excess size and weight.
13 (a) The Department with respect to highways under its
14 jurisdiction and local authorities with respect to highways
15 under their jurisdiction may, in their discretion, upon
16 application and good cause being shown therefor, issue a
17 special permit authorizing the applicant to operate or move a
18 vehicle or combination of vehicles of a size or weight of
19 vehicle or load exceeding the maximum specified in this Act
20 or otherwise not in conformity with this Act upon any highway
21 under the jurisdiction of the party granting such permit and
22 for the maintenance of which the party is responsible.
23 Applications and permits other than those in written or
24 printed form may only be accepted from and issued to the
25 company or individual making the movement. Except for an
26 application to move directly across a highway, it shall be
27 the duty of the applicant to establish in the application
28 that the load to be moved by such vehicle or combination is
29 composed of a single nondivisible object that cannot
30 reasonably be dismantled or disassembled. More than one
31 object may be carried under permit as long as the carriage of
32 the additional object or objects does not cause the size or
33 weight of the vehicle or load to exceed beyond that required
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1 for carriage of the single, nondivisible object itself. For
2 the purpose of over length movements, more than one object
3 may be carried side by side as long as the height, width, and
4 weight laws are not exceeded and the cause for the over
5 length is not due to multiple objects. For the purpose of
6 over height movements, more than one object may be carried as
7 long as the cause for the over height is not due to multiple
8 objects and the length, width, and weight laws are not
9 exceeded. For the purpose of an over width movement, more
10 than one object may be carried as long as the cause for the
11 over width is not due to multiple objects and length, height,
12 and weight laws are not exceeded. No state or local agency
13 shall authorize the issuance of excess size or weight permits
14 for vehicles and loads that are divisible and that can be
15 carried, when divided, within the existing size or weight
16 maximums specified in this Chapter. Any excess size or
17 weight permit issued in violation of the provisions of this
18 Section shall be void at issue and any movement made
19 thereunder shall not be authorized under the terms of the
20 void permit. In any prosecution for a violation of this
21 Chapter when the authorization of an excess size or weight
22 permit is at issue, it is the burden of the defendant to
23 establish that the permit was valid because the load to be
24 moved could not reasonably be dismantled or disassembled, or
25 was otherwise nondivisible.
26 (b) The application for any such permit shall: (1) state
27 whether such permit is requested for a single trip or for
28 limited continuous operation; (2) state if the applicant is
29 an authorized carrier under the Illinois Motor Carrier of
30 Property Law, if so, his certificate, registration or permit
31 number issued by the Illinois Commerce Commission; (3)
32 specifically describe and identify the vehicle or vehicles
33 and load to be operated or moved except that for vehicles or
34 vehicle combinations registered by the Department as provided
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1 in Section 15-319 of this Chapter, only the Illinois
2 Department of Transportation's (IDT) registration number or
3 classification need be given; (4) state the routing requested
4 including the points of origin and destination, and may
5 identify and include a request for routing to the nearest
6 certified scale in accordance with the Department's rules and
7 regulations, provided the applicant has approval to travel on
8 local roads; and (5) state if the vehicles or loads are being
9 transported for hire. No permits for the movement of a
10 vehicle or load for hire shall be issued to any applicant who
11 is required under the Illinois Motor Carrier of Property Law
12 to have a certificate, registration or permit and does not
13 have such certificate, registration or permit.
14 (c) The Department or local authority when not
15 inconsistent with traffic safety is authorized to issue or
16 withhold such permit at its discretion; or, if such permit is
17 issued at its discretion to prescribe the route or routes to
18 be traveled, to limit the number of trips, to establish
19 seasonal or other time limitations within which the vehicles
20 described may be operated on the highways indicated, or
21 otherwise to limit or prescribe conditions of operations of
22 such vehicle or vehicles, when necessary to assure against
23 undue damage to the road foundations, surfaces or structures,
24 and may require such undertaking or other security as may be
25 deemed necessary to compensate for any injury to any roadway
26 or road structure. The Department shall maintain a daily
27 record of each permit issued along with the fee and the
28 stipulated dimensions, weights, conditions and restrictions
29 authorized and this record shall be presumed correct in any
30 case of questions or dispute. The Department shall install an
31 automatic device for recording applications received and
32 permits issued by telephone. In making application by
33 telephone, the Department and applicant waive all objections
34 to the recording of the conversation.
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1 (d) The Department shall, upon application in writing
2 from any local authority, issue an annual permit authorizing
3 the local authority to move oversize highway construction,
4 transportation, utility and maintenance equipment over roads
5 under the jurisdiction of the Department. The permit shall be
6 applicable only to equipment and vehicles owned by or
7 registered in the name of the local authority, and no fee
8 shall be charged for the issuance of such permits.
9 (e) As an exception to paragraph (a) of this Section,
10 the Department and local authorities, with respect to
11 highways under their respective jurisdictions, in their
12 discretion and upon application in writing may issue a
13 special permit for limited continuous operation, authorizing
14 the applicant to move loads of sweet corn, soybeans, corn,
15 wheat, milo, other small grains and ensilage during the
16 harvest season only on a 2 axle single vehicle registered by
17 the Secretary of State with axle loads not to exceed 35%
18 above those provided in Section 15-111. Permits may be issued
19 for a period not to exceed 40 days and moves may be made of a
20 distance not to exceed 25 miles from a field to a specified
21 processing plant over any highway except the National System
22 of Interstate and Defense Highways. All such vehicles shall
23 be operated in the daytime except when weather or crop
24 conditions require emergency operation at night, but with
25 respect to such night operation, every such vehicle with load
26 shall be equipped with flashing amber lights as specified
27 under Section 12-215. Upon a declaration by the Governor that
28 an emergency harvest situation exists, a special permit
29 issued by the Department under this Section shall not be
30 required from September 1 through December 31 during harvest
31 season emergencies, provided that the weight does not exceed
32 20% above the limits provided in Section 15-111. All other
33 restrictions that apply to permits issued under this Section
34 shall apply during the declared time period. With respect to
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1 highways under the jurisdiction of local authorities, the
2 local authorities may, at their discretion, waive special
3 permit requirements during harvest season emergencies. This
4 permit exemption shall apply to all vehicles eligible to
5 obtain permits under this Section, including commercial
6 vehicles in use during the declared time period.
7 (f) The form and content of the permit shall be
8 determined by the Department with respect to highways under
9 its jurisdiction and by local authorities with respect to
10 highways under their jurisdiction. Every permit shall be in
11 written form and carried in the vehicle or combination of
12 vehicles to which it refers and shall be open to inspection
13 by any police officer or authorized agent of any authority
14 granting the permit and no person shall violate any of the
15 terms or conditions of such special permit. Violation of the
16 terms and conditions of the permit shall not be deemed a
17 revocation of the permit; however, any vehicle and load found
18 to be off the route prescribed in the permit shall be held to
19 be operating without a permit. Any off route vehicle and
20 load shall be required to obtain a new permit or permits, as
21 necessary, to authorize the movement back onto the original
22 permit routing. No rule or regulation, nor anything herein
23 shall be construed to authorize any police officer, court, or
24 authorized agent of any authority granting the permit to
25 remove the permit from the possession of the permittee unless
26 the permittee is charged with a fraudulent permit violation
27 as provided in paragraph (i). However, upon arrest for an
28 offense of violation of permit, operating without a permit
29 when the vehicle is off route, or any size or weight offense
30 under this Chapter when the permittee plans to raise the
31 issuance of the permit as a defense, the permittee, or his
32 agent, must produce the permit at any court hearing
33 concerning the alleged offense.
34 If the permit designates and includes a routing to a
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1 certified scale, the permitee, while enroute to the
2 designated scale, shall be deemed in compliance with the
3 weight provisions of the permit provided the axle or gross
4 weights do not exceed any of the permitted limits by more
5 than the following amounts:
6 Single axle 2000 pounds
7 Tandem axle 3000 pounds
8 Gross 5000 pounds
9 (g) The Department is authorized to adopt, amend, and to
10 make available to interested persons a policy concerning
11 reasonable rules, limitations and conditions or provisions of
12 operation upon highways under its jurisdiction in addition to
13 those contained in this Section for the movement by special
14 permit of vehicles, combinations, or loads which cannot
15 reasonably be dismantled or disassembled, including
16 manufactured and modular home sections and portions thereof.
17 All rules, limitations and conditions or provisions adopted
18 in the policy shall have due regard for the safety of the
19 traveling public and the protection of the highway system and
20 shall have been promulgated in conformity with the provisions
21 of the Illinois Administrative Procedure Act. The
22 requirements of the policy for flagmen and escort vehicles
23 shall be the same for all moves of comparable size and
24 weight. When escort vehicles are required, they shall meet
25 the following requirements:
26 (1) All operators shall be 18 years of age or over
27 and properly licensed to operate the vehicle.
28 (2) Vehicles escorting oversized loads more than
29 12-feet wide must be equipped with a rotating or flashing
30 amber light mounted on top as specified under Section
31 12-215.
32 The Department shall establish reasonable rules and
33 regulations regarding liability insurance or self insurance
34 for vehicles with oversized loads promulgated under The
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1 Illinois Administrative Procedure Act. Police vehicles may be
2 required for escort under circumstances as required by rules
3 and regulations of the Department.
4 (h) Violation of any rule, limitation or condition or
5 provision of any permit issued in accordance with the
6 provisions of this Section shall not render the entire permit
7 null and void but the violator shall be deemed guilty of
8 violation of permit and guilty of exceeding any size, weight
9 or load limitations in excess of those authorized by the
10 permit. The prescribed route or routes on the permit are not
11 mere rules, limitations, conditions, or provisions of the
12 permit, but are also the sole extent of the authorization
13 granted by the permit. If a vehicle and load are found to be
14 off the route or routes prescribed by any permit authorizing
15 movement, the vehicle and load are operating without a
16 permit. Any off route movement shall be subject to the size
17 and weight maximums, under the applicable provisions of this
18 Chapter, as determined by the type or class highway upon
19 which the vehicle and load are being operated.
20 (i) Whenever any vehicle is operated or movement made
21 under a fraudulent permit the permit shall be void, and the
22 person, firm, or corporation to whom such permit was granted,
23 the driver of such vehicle in addition to the person who
24 issued such permit and any accessory, shall be guilty of
25 fraud and either one or all persons may be prosecuted for
26 such violation. Any person, firm, or corporation committing
27 such violation shall be guilty of a Class 4 felony and the
28 Department shall not issue permits to the person, firm or
29 corporation convicted of such violation for a period of one
30 year after the date of conviction. Penalties for violations
31 of this Section shall be in addition to any penalties imposed
32 for violation of other Sections of this Act.
33 (j) Whenever any vehicle is operated or movement made in
34 violation of a permit issued in accordance with this Section,
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1 the person to whom such permit was granted, or the driver of
2 such vehicle, is guilty of such violation and either, but not
3 both, persons may be prosecuted for such violation as stated
4 in this subsection (j). Any person, firm or corporation
5 convicted of such violation shall be guilty of a petty
6 offense and shall be fined for the first offense, not less
7 than $50 nor more than $200 and, for the second offense by
8 the same person, firm or corporation within a period of one
9 year, not less than $200 nor more than $300 and, for the
10 third offense by the same person, firm or corporation within
11 a period of one year after the date of the first offense, not
12 less than $300 nor more than $500 and the Department shall
13 not issue permits to the person, firm or corporation
14 convicted of a third offense during a period of one year
15 after the date of conviction for such third offense.
16 (k) Whenever any vehicle is operated on local roads
17 under permits for excess width or length issued by local
18 authorities, such vehicle may be moved upon a State highway
19 for a distance not to exceed one-half mile without a permit
20 for the purpose of crossing the State highway.
21 (l) Notwithstanding any other provision of this Section,
22 the Department, with respect to highways under its
23 jurisdiction, and local authorities, with respect to highways
24 under their jurisdiction, may at their discretion authorize
25 the movement of a vehicle in violation of any size or weight
26 requirement, or both, that would not ordinarily be eligible
27 for a permit, when there is a showing of extreme necessity
28 that the vehicle and load should be moved without unnecessary
29 delay.
30 For the purpose of this subsection, showing of extreme
31 necessity shall be limited to the following: shipments of
32 livestock, hazardous materials, liquid concrete being hauled
33 in a mobile cement mixer, or hot asphalt.
34 (m) Penalties for violations of this Section shall be in
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1 addition to any penalties imposed for violating any other
2 Section of this Code.
3 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
4 revised 10-8-97.)
5 (625 ILCS 5/16-102.5)
6 Sec. 16-102.5. Enforcement by municipality.
7 (a) If a municipality adopts an ordinance similar to
8 subsection (f) of Section 3-413 of this Code, any person that
9 a municipality designates to enforce ordinances regulating
10 the standing or parking of vehicles shall have the authority
11 to enforce the provisions of subsection (f) of Section 3-413
12 of this Code or the similar local ordinance. However, the
13 authority to enforce subsection (f) of Section 3-413 of this
14 Code or a similar local ordinance shall not be given to an
15 appointed volunteer or private or public entity under
16 contract contact to enforce person with disabilities parking
17 laws.
18 (b) To enforce the provisions of subsection (f) of
19 Section 3-413 of this Code or a similar local ordinance, a
20 municipality shall impose a fine not exceeding $25.
21 (Source: P.A. 90-513, eff. 8-22-97; revised 11-17-97.)
22 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
23 Sec. 18b-105. Rules and Regulations.
24 (a) The Department is authorized to make and adopt
25 reasonable rules and regulations and orders consistent with
26 law necessary to carry out the provisions of this Chapter.
27 (b) The following parts of Title 49 of the Code of
28 Federal Regulations, as now in effect, are hereby adopted by
29 reference as though they were set out in full:
30 Part 390-Federal Motor Carrier Safety Regulations:
31 General;
32 Part 391-Qualifications of Drivers;
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1 Part 392-Driving of Motor Vehicles;
2 Part 393-Parts and Accessories Necessary for Safe
3 Operation;
4 Part 395-Hours of Service of Drivers; and
5 Part 396-Inspection, Repair and Maintenance.
6 (c) The following parts and Sections of the Federal
7 Motor Carrier Safety Regulations shall not apply to those
8 intrastate carriers, drivers or vehicles subject to
9 subsection (b).
10 (1) Section 393.93 of Part 393 for those vehicles
11 manufactured before June 30, 1972.
12 (2) Section 393.86 of Part 393 for those vehicles
13 which are registered as farm trucks under subsection (c)
14 of Section 3-815 of The Illinois Vehicle Code.
15 (3) (Blank).
16 (4) (Blank).
17 (5) Paragraph (b)(1) of Section 391.11 of Part 391.
18 (6) All of Part 395 for all agricultural movements
19 as defined in Chapter 1, between the period of February
20 15 through June 30 each year, and all farm to market
21 agricultural transportation as defined in Chapter 1 and
22 for grain hauling operations within a radius of 200 air
23 miles of the normal work reporting location.
24 (7) Paragraphs (b)(3) (insulin dependent diabetic)
25 and (b)(10) (minimum visual acuity) of Section 391.41 of
26 part 391, but only for any driver who immediately prior
27 to July 29, 1986 was eligible and licensed to operate a
28 motor vehicle subject to this Section and was engaged in
29 operating such vehicles, and who was disqualified on July
30 29, 1986 by the adoption of Part 391 by reason of the
31 application of paragraphs (b)(3) and (b)(10) of Section
32 391.41 with respect to a physical condition existing at
33 that time unless such driver has a record of accidents
34 which would indicate a lack of ability to operate a motor
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1 vehicle in a safe manner.
2 (d) Intrastate carriers subject to the recording
3 provisions of Section 395.8 of Part 395 of the Federal Motor
4 Carrier Safety Regulations shall be exempt as established
5 under paragraph (1) of Section 395.8; provided, however, for
6 the purpose of this Code, drivers shall operate within a 150
7 air-mile radius of the normal work reporting location to
8 qualify for exempt status.
9 (e) Regulations adopted by the Department subsequent to
10 those adopted under subsection (b) hereof shall be identical
11 in substance to the Federal Motor Carrier Safety Regulations
12 of the United States Department of Transportation and adopted
13 in accordance with the procedures for rulemaking in Section
14 5-35 of the Illinois Administrative Procedure Act.
15 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
16 revised 10-8-97.)
17 (625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
18 Sec. 18c-3203. Filing, publishing and posting of tariffs
19 and schedules.
20 (1) General requirement of filing, publication and
21 posting. Each common carrier of household goods or passengers
22 shall file, publish, and make available for public inspection
23 its current tariffs (other than rail contract rate tariffs).
24 Copies of such tariffs shall be provided by the carrier to
25 any member of the public on request and at a reasonable cost.
26 Each contract carrier of household goods shall file its
27 current schedule of rates and provisions.
28 (2) Tariff and schedule specifications. Tariffs and
29 schedules filed in accordance with this subsection shall be
30 in such form and contain such information as the Commission
31 may specify. The Commission may, by special permission for
32 good cause shown, grant permission to deviate from its tariff
33 and schedule regulations.
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1 (3) Rejection of tariffs and schedules. The Commission
2 may, at any time prior to the effective date of a tariff or
3 schedule, reject or suspend a tariff or schedule which does
4 not conform to its specifications or which on its face is in
5 violation of this Chapter, Commission regulations or orders.
6 (4) Right of independent action. Each carrier subject
7 to this Chapter shall have the individual right to publish,
8 file, and post any rate for transportation provided by such
9 carrier or in connection with any other carrier.; No carrier
10 shall be a member of any bureau, tariff publishing agency, or
11 other organization which, directly or indirectly, prohibits
12 such carrier from publishing and filing any rate or which
13 requires that such rate be by published or and/or filed by
14 the bureau, publishing agency, or other organization.
15 (Source: P.A. 89-444, eff. 1-25-96; revised 12-18-97.)
16 (625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
17 Sec. 18c-6302. Definitions. The following terms, when
18 used in this Article, shall have the hereinafter designated
19 meanings.
20 (1) "Addition" to service means that the institution of
21 new scheduled service.
22 (2) "Change" in service means a change in the time or
23 times of scheduled service which does not constitute a
24 reduction or discontinuance of service.
25 (3) "Reduction" of service means any reduction in the
26 level of scheduled service which does not constitute
27 discontinuance of the carrier's service.
28 (4) "Discontinuance" of service means total
29 discontinuance of service to any point along a route over
30 which the carrier is authorized to provide service or
31 reduction in the level of service to any such point to less
32 than one round trip per weekday (Monday through Friday).
33 (Source: P.A. 84-796; revised 12-18-97.)
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1 (625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
2 Sec. 18c-7503. Trespass on Railroad Rights of Way and
3 Yards. (1) Trespass on Rights of Way and Yards Prohibited.
4 (a) General Prohibition. Except as otherwise provided
5 in paragraph (b) of this subsection, no person may walk,
6 ride, drive or be upon or along the right of way or rail yard
7 of a rail carrier within the State, at a place other than a
8 public crossing.
9 (b) Exceptions. This subsection shall not apply to:
10 (i) passengers on trains or employees of a rail carrier;
11 (ii) an authorized representative of rail carrier
12 employees, while performing required duties in accordance
13 with reasonable rail carrier company guidelines;
14 (iii) a person going upon the right of way or into the
15 rail yard to save human life or to protect property;
16 (iv) a person being on the station grounds or in the
17 depot of the rail carrier for the purpose of transacting
18 business;
19 (v) a person, his family, or his employees or agents
20 going across a farm crossing, as defined in this Chapter, for
21 the purpose of crossing from one part to another part of a
22 farm he owns or leases, where the farm lies on both sides of
23 the right of way;
24 (vi) a person having written permission from the rail
25 carrier to go upon the right of way or into the rail yard;
26 and
27 (vii) representatives of state and federal governmental
28 agencies in performance of their official duties.
29 (2) Penalties. Violation of this Section shall subject
30 the violator to a fine line of not more than $500.
31 (3) Definition. For purposes of this Section, a "right
32 of way" means the track or roadbed owned or leased by a rail
33 carrier which is located on either side of its tracks and
34 which is readily recognizable to a reasonable person as being
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1 rail carrier property or is reasonably identified as such by
2 fencing or appropriate signs.
3 (Source: P.A. 84-796; revised 12-18-97.)
4 Section 154. The Boat Registration and Safety Act is
5 amended by changing Sections 5-16 and 5-19 as follows:
6 (625 ILCS 45/5-16)
7 Sec. 5-16. Operating a watercraft under the influence of
8 alcohol, other drug, or combination thereof.
9 (A) 1. A person shall not operate any watercraft within
10 this State while:
11 (a) The alcohol concentration in such person's
12 blood or breath is a concentration at which driving a
13 motor vehicle is prohibited under subdivision (1) of
14 subsection (a) of Section 11-501 of the Illinois Vehicle
15 Code;
16 (b) Under the influence of alcohol;
17 (c) Under the influence of any other drug or
18 combination of drugs to a degree which renders such
19 person incapable of safely operating any watercraft;
20 (d) Under the combined influence of alcohol and any
21 other drug or drugs to a degree which renders such person
22 incapable of safely operating a watercraft; or
23 (e) There is any amount of a drug, substance, or
24 compound in the person's blood or urine resulting from
25 the unlawful use or consumption of cannabis as defined in
26 the Cannabis Control Act or a controlled substance listed
27 in the Illinois Controlled Substances Act.
28 2. The fact that any person charged with violating this
29 Section is or has been legally entitled to use alcohol, or
30 other drugs, or any combination of both, shall not constitute
31 a defense against any charge of violating this Section.
32 3. Every person convicted of violating this Section
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1 shall be guilty of a Class A misdemeanor, except as otherwise
2 provided in this Section.
3 4. Every person convicted of violating this Section
4 shall be guilty of a Class 4 felony if:
5 (a) He has a previous conviction under this
6 Section; or
7 (b) The offense results in personal injury where a
8 person other than the operator suffers great bodily harm
9 or permanent disability or disfigurement.
10 5. Every person convicted of violating this Section
11 shall be guilty of a Class 3 felony if the offense results in
12 the death of a person.
13 6. (a) In addition to any criminal penalties imposed,
14 the Department of Natural Resources shall suspend the
15 watercraft operation privileges of any person convicted of a
16 misdemeanor under this Section for a period of one year.
17 (b) In addition to any criminal penalties imposed, the
18 Department of Natural Resources shall suspend the watercraft
19 operation privileges of any person convicted of a felony
20 under this Section for a period of 3 years.
21 (B) 1. Any person who operates any watercraft upon the
22 waters of this State shall be deemed to have given consent to
23 a chemical test or tests of blood, breath or urine for the
24 purpose of determining the alcohol, other drug, or
25 combination thereof content of such person's blood if
26 arrested for any offense of subsection (A) above. The test or
27 tests shall be administered at the direction of the arresting
28 officer.
29 2. Any person who is dead, unconscious or who is
30 otherwise in a condition rendering such person incapable of
31 refusal, shall be deemed not to have withdrawn the consent
32 provided above.
33 3. A person requested to submit to a test as provided
34 above shall be verbally advised by the law enforcement
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1 officer requesting the test that a refusal to submit to the
2 test will result in suspension of such person's privilege to
3 operate a watercraft. Following this warning, if a person
4 under arrest refuses upon the request of a law enforcement
5 officer to submit to a test designated by the officer, none
6 shall be given, but the law enforcement officer shall file
7 with the clerk of the circuit court for the county in which
8 the arrest was made, a sworn statement naming the person
9 refusing to take and complete the test or tests requested
10 under the provisions of this Section. Such sworn statement
11 shall identify the arrested person, such person's current
12 residence address and shall specify that a refusal by such
13 person to take the test or tests was made. Such sworn
14 statement shall include a statement that the arresting
15 officer had reasonable cause to believe the person was
16 operating the watercraft within this State while under the
17 influence of alcohol, other drug, or combination thereof and
18 that such test or tests were made as an incident to and
19 following the lawful arrest for an offense as defined in this
20 Section or a similar provision of a local ordinance, and that
21 the person after being arrested for an offense arising out of
22 acts alleged to have been committed while so operating a
23 watercraft refused to submit to and complete a test or tests
24 as requested by the law enforcement officer.
25 The clerk shall thereupon notify such person in writing
26 that the person's privilege to operate a watercraft will be
27 suspended unless, within 28 days from the date of mailing of
28 the notice, such person shall request in writing a hearing
29 thereon; if the person desires a hearing, such person shall
30 file a complaint in the circuit court for and in the county
31 in which such person was arrested for such hearing. Such
32 hearing shall proceed in the court in the same manner as
33 other civil proceedings, shall cover only the issues of
34 whether the person was placed under arrest for an offense as
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1 defined in this Section or a similar provision of a local
2 ordinance as evidenced by the issuance of a uniform citation;
3 whether the arresting officer had reasonable grounds to
4 believe that such person was operating a watercraft while
5 under the influence of alcohol, other drug, or combination
6 thereof; and whether such person refused to submit and
7 complete the test or tests upon the request of the law
8 enforcement officer. Whether the person was informed that
9 such person's privilege to operate a watercraft would be
10 suspended if such person refused to submit to the test or
11 tests shall not be an issue.
12 If the court finds against the person on the issues
13 before the court, the clerk shall immediately notify the
14 Department of Natural Resources of the court's decision, and
15 the Department shall suspend the watercraft operation
16 privileges of the person for at least 2 years.
17 4. A person must submit to each test offered by the law
18 enforcement officer in order to comply with the implied
19 consent provisions of this Section.
20 5. The provisions of Section 11-501.2 of the Illinois
21 Vehicle Code, as amended, concerning the certification and
22 use of chemical tests apply to the use of such tests under
23 this Section.
24 (C) Upon the trial of any civil or criminal action or
25 proceeding arising out of acts alleged to have been committed
26 by any person while operating a watercraft while under the
27 influence of alcohol, the concentration of alcohol in the
28 person's blood or breath at the time alleged as shown by
29 analysis of a person's blood, urine, breath, or other bodily
30 substance shall give rise to the presumptions specified in
31 subdivisions 1, 2, and 3 of subsection (b) of Section
32 11-501.2 of the Illinois Vehicle Code. The foregoing
33 provisions of this subsection (C) shall not be construed as
34 limiting the introduction of any other relevant evidence
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1 bearing upon the question whether the person was under the
2 influence of alcohol.
3 (D) If a person under arrest refuses to submit to a
4 chemical test under the provisions of this Section, evidence
5 of refusal shall be admissible in any civil or criminal
6 action or proceeding arising out of acts alleged to have been
7 committed while the person under the influence of alcohol, or
8 other drugs, or combination of both was operating a
9 watercraft.
10 (E) The owner of any watercraft or any person given
11 supervisory authority over a watercraft, may not knowingly
12 permit a watercraft to be operated by any person under the
13 influence of alcohol, other drug, or combination thereof.
14 (F) Whenever any person is convicted of a violation of
15 this Section, the court shall notify the Division of Law
16 Enforcement of the Department of Natural Resources, to
17 provide the Department with the records essential for the
18 performance of the Department's duties to monitor and enforce
19 any order of suspension or revocation concerning the
20 privilege to operate a watercraft.
21 (G) No person who has been arrested and charged for
22 violating paragraph 1 of subsection (A) of this Section shall
23 operate any watercraft within this State for a period of 6
24 hours after such arrest.
25 (Source: P.A. 89-445, eff. 2-7-96; 90-215, eff. 1-1-98;
26 revised 10-9-97.)
27 (625 ILCS 45/5-19) (from Ch. 95 1/2, par. 315-14)
28 Sec. 5-19. Skin diving.
29 (A) 1. No person may engage in underwater diving or
30 swimming with the use of swimming fins or skin diving in
31 waters other than marked swimming areas or within 150 feet of
32 shoreline.
33 2. No person may engage in underwater diving or swimming
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1 with the use of self-contained underwater breathing apparatus
2 in waters other than marked swimming areas, unless the
3 location of such diving or swimming is distinctly marked by a
4 diver's flag, not less than 12 inches high and 15 inches
5 long, displaying one diagonal white stripe 3 inches wide on a
6 red background, and of a height above the water so as to be
7 by clearly apparent at a distance of 100 yards under normal
8 conditions, and so designed and displayed as to be visible
9 from any point on the horizon.
10 3. Except in case of emergency, anyone engaging in such
11 diving or swimming shall not rise to the surface outside of a
12 radius of 50 feet from such flag.
13 4. No person engaged in such diving or swimming shall
14 interfere with the operation of anyone fishing, nor engage in
15 such diving or swimming in established traffic lanes; nor
16 shall any person acting alone, or with another, intentionally
17 or unintentionally block or obstruct any boat in any manner
18 from proceeding to its destination where a reasonable
19 alternative is unavailable. A reasonable alternative route
20 is available when the otherwise unobstructed boat can proceed
21 to its destination without reducing its lawful speed, by
22 passing to the right or to the left of a marked diving
23 operation.
24 (B) An alternate flag recognized and approved by the
25 United States Coast Guard may be substituted for the flag
26 required in subsection (A)2 of this Section.
27 (C) No watercraft shall be operated within 150 feet of a
28 diving flag except for watercraft directly associated with
29 that diving activity.
30 (Source: P.A. 87-895; revised 12-18-97.)
31 Section 155. The Clerks of Courts Act is amended by
32 setting forth and renumbering multiple versions of Section
33 27.7 as follows:
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1 (705 ILCS 105/27.7)
2 Sec. 27.7. Children's waiting room. The expense of
3 establishing and maintaining a children's waiting room for
4 children whose parents or guardians are attending a court
5 hearing as a litigant, witness, or for other court purposes
6 as determined by the court may be borne by the county. To
7 defray that expense in any county having established a
8 children's waiting room or that elects to establish such a
9 system, the county board may require the clerk of the circuit
10 court in the county to charge and collect a children's
11 waiting room fee of not more than $5. The fee shall be paid
12 at the time of filing the first pleading, paper, or other
13 appearance filed by each party in all civil cases. No
14 additional fee shall be required if more than one party is
15 presented in a single pleading, paper, or other appearance.
16 The fee shall be collected in the manner in which all other
17 fees or costs are collected.
18 Each clerk shall commence the charges and collection upon
19 receipt of written notice from the chairman of the county
20 board together with a certified copy of the board's
21 resolution. The clerk shall file the resolution of record in
22 his or her office.
23 The fees shall be in addition to all other fees and
24 charges of the clerks, shall be assessable as costs, and may
25 be waived only if the judge specifically provides for the
26 waiver of the children's waiting room fee. The fees shall be
27 remitted monthly by the clerk to the county treasurer, to be
28 retained by the treasurer in a special fund designated as the
29 children's waiting room fund. The fund shall be audited by
30 the county auditor, and the county board shall make
31 expenditure from the fund in payment of any cost related to
32 the establishment and maintenance of the children's waiting
33 room, including personnel, heat, light, telephone, security,
34 rental of space, or any other item in connection with the
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1 operation of a children's waiting room.
2 The fees shall not be charged in any matter coming to the
3 clerk on a change of venue, nor in any proceeding to review
4 the decision of any administrative officer, agency, or body.
5 (Source: P.A. 89-717, eff. 1-1-98; 90-117, eff. 1-1-98.)
6 (705 ILCS 105/27.8)
7 Sec. 27.8. 27.7. Annual audit.
8 (a) Beginning with fiscal years ending in 1999 and all
9 fiscal years thereafter, in addition to any other audits
10 required by law, the county board of each county shall cause
11 an audit of the office of the circuit clerk to be made
12 annually at the close of the county's fiscal year by a
13 licensed public accountant. The county auditor and his or
14 her staff may assist with the audit. The audit shall consist
15 of a letter report that expresses an opinion on the financial
16 statements of the circuit clerk, a letter report that
17 expresses an opinion on internal controls of the circuit
18 clerk, a letter report on the circuit clerk's compliance with
19 applicable statutes, rules, and procedures relating to
20 assessment, collection, and distribution of funds, including
21 the timeliness of those actions, any documentation or
22 statements necessary to support the findings and opinions of
23 the auditors, and any supplemental schedules or other
24 documents required by the audit guidelines. A listing of
25 applicable legal requirements shall be compiled by the
26 Administrative Office of the Illinois Courts and made
27 available to auditors for their compliance testing.
28 The county board may include additional requirements in
29 the audit.
30 (b) The audits shall be completed in accordance with
31 generally accepted government auditing standards and
32 generally accepted auditing standards. The audit shall be
33 completed within 6 months after the end of the fiscal year.
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1 The county board may grant an extension of up to 6 months for
2 the completion of the audit.
3 (c) The expenses of conducting and filing the audit
4 shall be paid by the county from the circuit clerk's
5 appropriations, and the county board shall make provisions
6 for the payment unless another person or entity agrees, in
7 writing, to pay the expenses.
8 (d) The audit shall be filed with the Administrative
9 Office of the Illinois Courts, the State Comptroller, the
10 circuit clerk, and the county board within one month after
11 the completion of the audit.
12 (e) The Administrative Office of the Illinois Courts
13 shall disseminate auditing guidelines to the county boards
14 and the circuit clerks. The Auditor General's Office shall
15 update, with the assistance of the Administrative Office of
16 the Illinois Courts, the auditing guidelines as necessary
17 from time to time. Revised guidelines shall be available to
18 the Administrative Office of the Illinois Courts for
19 dissemination to the county boards and the circuit clerks.
20 (f) The auditing requirements of this Section may be
21 included in the audit required by Section 6-31003 of the
22 Counties Code.
23 (g) This Section is intended to require a comprehensive
24 audit of the circuit clerks and to eliminate duplicative
25 audits of the circuit clerk. The audit performed under this
26 Section shall be available, upon request, to the public.
27 (Source: P.A. 90-350, eff. 1-1-98; revised 11-19-97.)
28 (705 ILCS 105/27.9)
29 Sec. 27.9. 27.7. Frivolous lawsuits filed by prisoners.
30 (a) The fees of the clerks of the circuit court shall
31 not be waived for a petitioner who is a prisoner in an
32 Illinois Department of Corrections facility who files a
33 pleading, motion, or other filing which purports to be a
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1 legal document in a lawsuit seeking post-conviction relief
2 under Article 122 of the Code of Criminal Procedure of 1963,
3 pursuant to Section 116-3 of the Code of Criminal Procedure
4 of 1963, or in a habeas corpus action under Article X of the
5 Code of Civil Procedure and the defendant is the State, the
6 Illinois Department of Corrections, or the Prisoner Review
7 Board or any of their officers or employees, and the court
8 makes a specific finding that the pleading, motion, or other
9 filing which purports to be a legal document is frivolous.
10 (b) "Frivolous" means that a pleading, motion, or other
11 filing which purports to be a legal document filed by a
12 prisoner in his or her lawsuit meets any or all of the
13 following criteria:
14 (1) it lacks an arguable basis either in law or in
15 fact;
16 (2) it is being presented for any improper purpose,
17 such as to harass or to cause unnecessary delay or
18 needless increase in the cost of litigation;
19 (3) the claims, defenses, and other legal
20 contentions therein are not warranted by existing law or
21 by a nonfrivolous argument for the extension,
22 modification, or reversal of existing law or the
23 establishment of new law;
24 (4) the allegations and other factual contentions
25 do not have evidentiary support or, if specifically so
26 identified, are not likely to have evidentiary support
27 after a reasonable opportunity for further investigation
28 or discovery; or
29 (5) the denials of factual contentions are not
30 warranted on the evidence, or if specifically so
31 identified, are not reasonably based on a lack of
32 information or belief.
33 (Source: P.A. 90-505, eff. 8-19-97; revised 11-19-97.)
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1 Section 156. The Juvenile Court Act of 1987 is amended
2 by changing Sections 1-3, 1-8, 2-10, 2-14, 2-22, 2-23, 2-25,
3 2-27, 2-28, 2-28.01, 2-28.1, 2-31, 3-26, 3-33, 4-23, and 6-9
4 as follows:
5 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
6 Sec. 1-3. Definitions. Terms used in this Act, unless
7 the context otherwise requires, have the following meanings
8 ascribed to them:
9 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
10 hearing to determine whether the allegations of a petition
11 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
12 of age is abused, neglected or dependent, or requires
13 authoritative intervention, or addicted, respectively, are
14 supported by a preponderance of the evidence or whether the
15 allegations of a petition under Section 5-13 that a minor is
16 delinquent are proved beyond a reasonable doubt.
17 (2) Adult. "Adult" means a person 21 years of age or
18 older.
19 (3) Agency. "Agency" means a public or private child
20 care facility legally authorized or licensed by this State
21 for placement or institutional care or for both placement and
22 institutional care.
23 (4) Association. "Association" means any organization,
24 public or private, engaged in welfare functions which include
25 services to or on behalf of children but does not include
26 "agency" as herein defined.
27 (4.05) Best Interests. Whenever a "best interest"
28 determination is required, the following factors shall be
29 considered in the context of the child's age and
30 developmental needs:
31 (a) the physical safety and welfare of the child,
32 including food, shelter, health, and clothing;
33 (b) the development of the child's identity;
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1 (c) the child's background and ties, including familial,
2 racial, cultural, and religious;
3 (d) the child's sense of attachments, including:
4 (i) where the child actually feels love,
5 attachment, and a sense of being valued (as opposed to
6 where adults believe the child should feel such love,
7 attachment, and a sense of being valued);
8 (ii) the child's sense of security;
9 (iii) the child's sense of familiarity;
10 (iv) continuity of affection for the child;
11 (v) the least disruptive placement alternative for
12 the child;
13 (e) the child's wishes and long-term goals;
14 (f) the child's community ties, including church,
15 school, and friends;
16 (g) permanence for the child;
17 (h) the uniqueness of every family and child;
18 (i) the risks attendant to entering and being in
19 substitute care; and
20 (j) the preferences of the persons available to care for
21 the child.
22 (4.1) Chronic truant. "Chronic truant" shall have the
23 definition ascribed to it in Section 26-2a of the School
24 Code.
25 (5) Court. "Court" means the circuit court in a session
26 or division assigned to hear proceedings under this Act.
27 (6) Dispositional hearing. "Dispositional hearing" means
28 a hearing to determine whether a minor should be adjudged to
29 be a ward of the court, and to determine what order of
30 disposition should be made in respect to a minor adjudged to
31 be a ward of the court.
32 (7) Emancipated minor. "Emancipated minor" means any
33 minor 16 years of age or over who has been completely or
34 partially emancipated under the "Emancipation of Mature
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1 Minors Act", enacted by the Eighty-First General Assembly, or
2 under this Act.
3 (8) Guardianship of the person. "Guardianship of the
4 person" of a minor means the duty and authority to act in the
5 best interests of the minor, subject to residual parental
6 rights and responsibilities, to make important decisions in
7 matters having a permanent effect on the life and development
8 of the minor and to be concerned with his or her general
9 welfare. It includes but is not necessarily limited to:
10 (a) the authority to consent to marriage, to
11 enlistment in the armed forces of the United States, or
12 to a major medical, psychiatric, and surgical treatment;
13 to represent the minor in legal actions; and to make
14 other decisions of substantial legal significance
15 concerning the minor;
16 (b) the authority and duty of reasonable
17 visitation, except to the extent that these have been
18 limited in the best interests of the minor by court
19 order;
20 (c) the rights and responsibilities of legal
21 custody except where legal custody has been vested in
22 another person or agency; and
23 (d) the power to consent to the adoption of the
24 minor, but only if expressly conferred on the guardian in
25 accordance with Section 2-29, 3-30, 4-27 or 5-31.
26 (9) Legal custody. "Legal custody" means the
27 relationship created by an order of court in the best
28 interests of the minor which imposes on the custodian the
29 responsibility of physical possession of a minor and the duty
30 to protect, train and discipline him and to provide him with
31 food, shelter, education and ordinary medical care, except as
32 these are limited by residual parental rights and
33 responsibilities and the rights and responsibilities of the
34 guardian of the person, if any.
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1 (10) Minor. "Minor" means a person under the age of 21
2 years subject to this Act.
3 (11) Parents. "Parent" means the father or mother of a
4 child and includes any adoptive parent. It also includes the
5 father whose paternity is presumed or has been established
6 under the law of this or another jurisdiction. It does not
7 include a parent whose rights in respect to the minor have
8 been terminated in any manner provided by law.
9 (11.1) "Permanency goal" means a goal set by the court
10 as defined in subdivision (2)(c) of Section 2-28 or
11 subsection (c) of Section 2-28.01 or in counties with a
12 population of 3,000,000 or more, a goal ordered by a judge.
13 (11.2) "Permanency hearing" means a hearing to review
14 and determine (i) the appropriateness of the permanency goal,
15 (ii) the appropriateness of the services contained in the
16 plan and whether those services have been provided, (iii)
17 whether reasonable efforts have been made by all the parties
18 to the service plan to achieve the goal, and (iv) whether the
19 plan and goal have been achieved.
20 (12) Petition. "Petition" means the petition provided
21 for in Section 2-13, 3-15, 4-12 or 5-13, including any
22 supplemental petitions thereunder in Section 3-15, 4-12 or
23 5-13.
24 (13) Residual parental rights and responsibilities.
25 "Residual parental rights and responsibilities" means those
26 rights and responsibilities remaining with the parent after
27 the transfer of legal custody or guardianship of the person,
28 including, but not necessarily limited to, the right to
29 reasonable visitation (which may be limited by the court in
30 the best interests of the minor as provided in subsection
31 (8)(b) of this Section), the right to consent to adoption,
32 the right to determine the minor's religious affiliation, and
33 the responsibility for his support.
34 (14) Shelter. "Shelter" means the temporary care of a
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1 minor in physically unrestricting facilities pending court
2 disposition or execution of court order for placement.
3 (15) Station adjustment. "Station adjustment" means the
4 informal handling of an alleged offender by a juvenile police
5 officer.
6 (16) Ward of the court. "Ward of the court" means a
7 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
8 5-22, after a finding of the requisite jurisdictional facts,
9 and thus is subject to the dispositional powers of the court
10 under this Act.
11 (17) Juvenile police officer. "Juvenile police officer"
12 means a sworn police officer who has completed a Basic
13 Recruit Training Course, has been assigned to the position of
14 juvenile police officer by his or her chief law enforcement
15 officer and has completed the necessary juvenile officers
16 training as prescribed by the Illinois Law Enforcement
17 Training Standards Board, or in the case of a State police
18 officer, juvenile officer training approved by the Director
19 of the Department of State Police.
20 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
21 11-12-97.)
22 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
23 Sec. 1-8. Confidentiality and accessibility of juvenile
24 court records.
25 (A) Inspection and copying of juvenile court records
26 relating to a minor who is the subject of a proceeding under
27 this Act shall be restricted to the following:
28 (1) The minor who is the subject of record, his
29 parents, guardian and counsel.
30 (2) Law enforcement officers and law enforcement
31 agencies when such information is essential to executing
32 an arrest or search warrant or other compulsory process,
33 or to conducting an ongoing investigation or relating to
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1 a minor who has been adjudicated delinquent and there has
2 been a previous finding that the act which constitutes
3 the previous offense was committed in furtherance of
4 criminal activities by a criminal street gang.
5 Before July 1, 1994, for the purposes of this
6 Section, "criminal street gang" means any ongoing
7 organization, association, or group of 3 or more persons,
8 whether formal or informal, having as one of its primary
9 activities the commission of one or more criminal acts
10 and that has a common name or common identifying sign,
11 symbol or specific color apparel displayed, and whose
12 members individually or collectively engage in or have
13 engaged in a pattern of criminal activity.
14 Beginning July 1, 1994, for purposes of this
15 Section, "criminal street gang" has the meaning ascribed
16 to it in Section 10 of the Illinois Streetgang Terrorism
17 Omnibus Prevention Act.
18 (3) Judges, hearing officers, prosecutors,
19 probation officers, social workers or other individuals
20 assigned by the court to conduct a pre-adjudication or
21 predisposition investigation, and individuals responsible
22 for supervising or providing temporary or permanent care
23 and custody for minors pursuant to the order of the
24 juvenile court when essential to performing their
25 responsibilities.
26 (4) Judges, prosecutors and probation officers:
27 (a) in the course of a trial when institution
28 of criminal proceedings has been permitted under
29 Section 5-4 or required under Section 5-4; or
30 (b) when criminal proceedings have been
31 permitted under Section 5-4 or required under
32 Section 5-4 and a minor is the subject of a
33 proceeding to determine the amount of bail; or
34 (c) when criminal proceedings have been
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1 permitted under Section 5-4 or required under
2 Section 5-4 and a minor is the subject of a
3 pre-trial investigation, pre-sentence investigation
4 or fitness hearing, or proceedings on an application
5 for probation; or
6 (d) when a minor becomes 17 years of age or
7 older, and is the subject of criminal proceedings,
8 including a hearing to determine the amount of bail,
9 a pre-trial investigation, a pre-sentence
10 investigation, a fitness hearing, or proceedings on
11 an application for probation.
12 (5) Adult and Juvenile Prisoner Review Boards.
13 (6) Authorized military personnel.
14 (7) Victims, their subrogees and legal
15 representatives; however, such persons shall have access
16 only to the name and address of the minor and information
17 pertaining to the disposition or alternative adjustment
18 plan of the juvenile court.
19 (8) Persons engaged in bona fide research, with the
20 permission of the presiding judge of the juvenile court
21 and the chief executive of the agency that prepared the
22 particular records; provided that publication of such
23 research results in no disclosure of a minor's identity
24 and protects the confidentiality of the record.
25 (9) The Secretary of State to whom the Clerk of the
26 Court shall report the disposition of all cases, as
27 required in Section 6-204 of The Illinois Vehicle Code.
28 However, information reported relative to these offenses
29 shall be privileged and available only to the Secretary
30 of State, courts, and police officers.
31 (10) The administrator of a bonafide substance
32 abuse student assistance program with the permission of
33 the presiding judge of the juvenile court.
34 (B) A minor who is the victim in a juvenile proceeding
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1 shall be provided the same confidentiality regarding
2 disclosure of identity as the minor who is the subject of
3 record.
4 (C) Except as otherwise provided in this subsection (C),
5 juvenile court records shall not be made available to the
6 general public but may be inspected by representatives of
7 agencies, associations and news media or other properly
8 interested persons by general or special order of the court.
9 The State's Attorney, the minor, his parents, guardian and
10 counsel shall at all times have the right to examine court
11 files and records.
12 (1) The court shall allow the general public to
13 have access to the name, address, and offense of a minor
14 who is adjudicated a delinquent minor under this Act
15 under either of the following circumstances:
16 (A) The adjudication of delinquency was based
17 upon the minor's commission of first degree murder,
18 attempt to commit first degree murder, aggravated
19 criminal sexual assault, or criminal sexual assault;
20 or
21 (B) The court has made a finding that the
22 minor was at least 13 years of age at the time the
23 act was committed and the adjudication of
24 delinquency was based upon the minor's commission
25 of: (i) an act in furtherance of the commission of a
26 felony as a member of or on behalf of a criminal
27 street gang, (ii) an act involving the use of a
28 firearm in the commission of a felony, (iii) an act
29 that would be a Class X felony offense under or the
30 minor's second or subsequent Class 2 or greater
31 felony offense under the Cannabis Control Act if
32 committed by an adult, (iv) an act that would be a
33 second or subsequent offense under Section 402 of
34 the Illinois Controlled Substances Act if committed
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1 by an adult, or (v) an act that would be an offense
2 under Section 401 of the Illinois Controlled
3 Substances Act if committed by an adult.
4 (2) The court shall allow the general public to
5 have access to the name, address, and offense of a minor
6 who is at least 13 years of age at the time the offense
7 is committed and who is convicted, in criminal
8 proceedings permitted or required under Section 5-4,
9 under either of the following circumstances:
10 (A) The minor has been convicted of first
11 degree murder, attempt to commit first degree
12 murder, aggravated criminal sexual assault, or
13 criminal sexual assault,
14 (B) The court has made a finding that the
15 minor was at least 13 years of age at the time the
16 offense was committed and the conviction was based
17 upon the minor's commission of: (i) an offense in
18 furtherance of the commission of a felony as a
19 member of or on behalf of a criminal street gang,
20 (ii) an offense involving the use of a firearm in
21 the commission of a felony, (iii) a Class X felony
22 offense under or a second or subsequent Class 2 or
23 greater felony offense under the Cannabis Control
24 Act, (iv) a second or subsequent offense under
25 Section 402 of the Illinois Controlled Substances
26 Act, or (v) an offense under Section 401 of the
27 Illinois Controlled Substances Act.
28 (D) Pending or following any adjudication of delinquency
29 for any offense defined in Sections 12-13 through 12-16 of
30 the Criminal Code of 1961, the victim of any such offense
31 shall receive the rights set out in Sections 4 and 6 of the
32 Bill of Rights for Victims and Witnesses of Violent Crime
33 Act; and the juvenile who is the subject of the adjudication,
34 notwithstanding any other provision of this Act, shall be
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1 treated as an adult for the purpose of affording such rights
2 to the victim.
3 (E) Nothing in this Section shall affect the right of a
4 Civil Service Commission or appointing authority of any
5 state, county or municipality examining the character and
6 fitness of an applicant for employment with a law enforcement
7 agency or correctional institution to ascertain whether that
8 applicant was ever adjudicated to be a delinquent minor and,
9 if so, to examine the records of disposition or evidence
10 which were made in proceedings under this Act.
11 (F) Following any adjudication of delinquency for a
12 crime which would be a felony if committed by an adult, or
13 following any adjudication of delinquency for a violation of
14 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
15 1961, the State's Attorney shall ascertain whether the minor
16 respondent is enrolled in school and, if so, shall provide a
17 copy of the dispositional order to the principal or chief
18 administrative officer of the school. Access to such
19 juvenile records shall be limited to the principal or chief
20 administrative officer of the school and any guidance
21 counselor designated by him.
22 (G) Nothing contained in this Act prevents the sharing
23 or disclosure of information or records relating or
24 pertaining to juveniles subject to the provisions of the
25 Serious Habitual Offender Comprehensive Action Program when
26 that information is used to assist in the early
27 identification and treatment of habitual juvenile offenders.
28 (H) When a Court hearing a proceeding under Article II
29 of this Act becomes aware that an earlier proceeding under
30 Article II had been heard in a different county, that Court
31 shall request, and the Court in which the earlier proceedings
32 were initiated shall transmit, an authenticated copy of the
33 Court record, including all documents, petitions, and orders
34 filed therein and the minute orders, transcript of
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1 proceedings, and docket entries of the Court.
2 (I) The Clerk of the Circuit Court shall report to the
3 Department of State Police, in the form and manner required
4 by the Department of State Police, the final disposition of
5 each minor who has been arrested or taken into custody before
6 his or her 17th birthday for those offenses required to be
7 reported under Section 5 of the Criminal Identification Act.
8 Information reported to the Department under this Section may
9 be maintained with records that the Department files under
10 Section 2.1 of the Criminal Identification Act.
11 (Source: P.A. 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
12 89-377, eff. 8-18-95; 89-626, eff. 8-9-96; 90-28, eff.
13 1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; revised
14 8-4-97.)
15 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
16 Sec. 2-10. Temporary custody hearing. At the appearance
17 of the minor before the court at the temporary custody
18 hearing, all witnesses present shall be examined before the
19 court in relation to any matter connected with the
20 allegations made in the petition.
21 (1) If the court finds that there is not probable cause
22 to believe that the minor is abused, neglected or dependent
23 it shall release the minor and dismiss the petition.
24 (2) If the court finds that there is probable cause to
25 believe that the minor is abused, neglected or dependent, the
26 court shall state in writing the factual basis supporting its
27 finding and the minor, his or her parent, guardian, custodian
28 and other persons able to give relevant testimony shall be
29 examined before the court. The Department of Children and
30 Family Services shall give testimony concerning indicated
31 reports of abuse and neglect, of which they are aware of
32 through the central registry, involving the minor's parent,
33 guardian or custodian. After such testimony, the court may,
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1 consistent with the health, safety and best interests of the
2 minor, enter an order that the minor shall be released upon
3 the request of parent, guardian or custodian if the parent,
4 guardian or custodian appears to take custody. Custodian
5 shall include any agency of the State which has been given
6 custody or wardship of the child. If it is consistent with
7 the health, safety and best interests of the minor, the court
8 may also prescribe shelter care and order that the minor be
9 kept in a suitable place designated by the court or in a
10 shelter care facility designated by the Department of
11 Children and Family Services or a licensed child welfare
12 agency; however, a minor charged with a criminal offense
13 under the Criminal Code of 1961 or adjudicated delinquent
14 shall not be placed in the custody of or committed to the
15 Department of Children and Family Services by any court,
16 except a minor less than 13 years of age and committed to the
17 Department of Children and Family Services under Section 5-23
18 of this Act or a minor for whom an independent basis of
19 abuse, neglect, or dependency exists, which must be defined
20 by departmental rule. In placing the minor, the Department or
21 other agency shall, to the extent compatible with the court's
22 order, comply with Section 7 of the Children and Family
23 Services Act. In determining the health, safety and best
24 interests of the minor to prescribe shelter care, the court
25 must find that it is a matter of immediate and urgent
26 necessity for the safety and protection of the minor or of
27 the person or property of another that the minor be placed in
28 a shelter care facility or that he or she is likely to flee
29 the jurisdiction of the court, and must further find that
30 reasonable efforts have been made or that, consistent with
31 the health, safety and best interests of the minor, no
32 efforts reasonably can be made to prevent or eliminate the
33 necessity of removal of the minor from his or her home. The
34 court shall require documentation from the Department of
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1 Children and Family Services as to the reasonable efforts
2 that were made to prevent or eliminate the necessity of
3 removal of the minor from his or her home or the reasons why
4 no efforts reasonably could be made to prevent or eliminate
5 the necessity of removal. When a minor is placed in the home
6 of a relative, the Department of Children and Family Services
7 shall complete a preliminary background review of the members
8 of the minor's custodian's household in accordance with
9 Section 4.3 of the Child Care Act of 1969 within 90 days of
10 that placement. If the minor is ordered placed in a shelter
11 care facility of the Department of Children and Family
12 Services or a licensed child welfare agency, the court shall,
13 upon request of the appropriate Department or other agency,
14 appoint the Department of Children and Family Services
15 Guardianship Administrator or other appropriate agency
16 executive temporary custodian of the minor and the court may
17 enter such other orders related to the temporary custody as
18 it deems fit and proper, including the provision of services
19 to the minor or his family to ameliorate the causes
20 contributing to the finding of probable cause or to the
21 finding of the existence of immediate and urgent necessity.
22 Acceptance of services shall not be considered an admission
23 of any allegation in a petition made pursuant to this Act,
24 nor may a referral of services be considered as evidence in
25 any proceeding pursuant to this Act, except where the issue
26 is whether the Department has made reasonable efforts to
27 reunite the family. In making its findings that it is
28 consistent with the health, safety and best interests of the
29 minor to prescribe shelter care, the court shall state in
30 writing (i) the factual basis supporting its findings
31 concerning the immediate and urgent necessity for the
32 protection of the minor or of the person or property of
33 another and (ii) the factual basis supporting its findings
34 that reasonable efforts were made to prevent or eliminate the
-1113- LRB9000999EGfgam01
1 removal of the minor from his or her home or that no efforts
2 reasonably could be made to prevent or eliminate the removal
3 of the minor from his or her home. The parents, guardian,
4 custodian, temporary custodian and minor shall each be
5 furnished a copy of such written findings. The temporary
6 custodian shall maintain a copy of the court order and
7 written findings in the case record for the child. The order
8 together with the court's findings of fact in support thereof
9 shall be entered of record in the court.
10 Once the court finds that it is a matter of immediate and
11 urgent necessity for the protection of the minor that the
12 minor be placed in a shelter care facility, the minor shall
13 not be returned to the parent, custodian or guardian until
14 the court finds that such placement is no longer necessary
15 for the protection of the minor.
16 If the child is placed in the temporary custody of the
17 Department of Children and Family Services for his or her
18 protection, the court shall admonish the parents, guardian,
19 custodian or responsible relative that the parents must
20 cooperate with the Department of Children and Family
21 Services, comply with the terms of the service plans, and
22 correct the conditions which require the child to be in care,
23 or risk termination of their parental rights.
24 (3) If prior to the shelter care hearing for a minor
25 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
26 is unable to serve notice on the party respondent, the
27 shelter care hearing may proceed ex-parte. A shelter care
28 order from an ex-parte hearing shall be endorsed with the
29 date and hour of issuance and shall be filed with the clerk's
30 office and entered of record. The order shall expire after 10
31 days from the time it is issued unless before its expiration
32 it is renewed, at a hearing upon appearance of the party
33 respondent, or upon an affidavit of the moving party as to
34 all diligent efforts to notify the party respondent by notice
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1 as herein prescribed. The notice prescribed shall be in
2 writing and shall be personally delivered to the minor or the
3 minor's attorney and to the last known address of the other
4 person or persons entitled to notice. The notice shall also
5 state the nature of the allegations, the nature of the order
6 sought by the State, including whether temporary custody is
7 sought, and the consequences of failure to appear and shall
8 contain a notice that the parties will not be entitled to
9 further written notices or publication notices of proceedings
10 in this case, including the filing of an amended petition or
11 a motion to terminate parental rights, except as required by
12 Supreme Court Rule 11; and shall explain the right of the
13 parties and the procedures to vacate or modify a shelter care
14 order as provided in this Section. The notice for a shelter
15 care hearing shall be substantially as follows:
16 NOTICE TO PARENTS AND CHILDREN
17 OF SHELTER CARE HEARING
18 On ................ at ........., before the
19 Honorable ................, (address:) .................,
20 the State of Illinois will present evidence (1) that
21 (name of child or children) ....................... are
22 abused, neglected or dependent for the following reasons:
23 .............................................. and (2)
24 that there is "immediate and urgent necessity" to remove
25 the child or children from the responsible relative.
26 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
27 PLACEMENT of the child or children in foster care until a
28 trial can be held. A trial may not be held for up to 90
29 days. You will not be entitled to further notices of
30 proceedings in this case, including the filing of an
31 amended petition or a motion to terminate parental
32 rights.
33 At the shelter care hearing, parents have the
34 following rights:
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1 1. To ask the court to appoint a lawyer if
2 they cannot afford one.
3 2. To ask the court to continue the hearing to
4 allow them time to prepare.
5 3. To present evidence concerning:
6 a. Whether or not the child or children
7 were abused, neglected or dependent.
8 b. Whether or not there is "immediate and
9 urgent necessity" to remove the child from home
10 (including: their ability to care for the
11 child, conditions in the home, alternative
12 means of protecting the child other than
13 removal).
14 c. The best interests of the child.
15 4. To cross examine the State's witnesses.
16 The Notice for rehearings shall be substantially as
17 follows:
18 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
19 TO REHEARING ON TEMPORARY CUSTODY
20 If you were not present at and did not have adequate
21 notice of the Shelter Care Hearing at which temporary
22 custody of ............... was awarded to
23 ................, you have the right to request a full
24 rehearing on whether the State should have temporary
25 custody of ................. To request this rehearing,
26 you must file with the Clerk of the Juvenile Court
27 (address): ........................, in person or by
28 mailing a statement (affidavit) setting forth the
29 following:
30 1. That you were not present at the shelter
31 care hearing.
32 2. That you did not get adequate notice
33 (explaining how the notice was inadequate).
34 3. Your signature.
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1 4. Signature must be notarized.
2 The rehearing should be scheduled within 48 hours of
3 your filing this affidavit.
4 At the rehearing, your rights are the same as at the
5 initial shelter care hearing. The enclosed notice
6 explains those rights.
7 At the Shelter Care Hearing, children have the
8 following rights:
9 1. To have a guardian ad litem appointed.
10 2. To be declared competent as a witness and
11 to present testimony concerning:
12 a. Whether they are abused, neglected or
13 dependent.
14 b. Whether there is "immediate and urgent
15 necessity" to be removed from home.
16 c. Their best interests.
17 3. To cross examine witnesses for other
18 parties.
19 4. To obtain an explanation of any proceedings
20 and orders of the court.
21 (4) If the parent, guardian, legal custodian,
22 responsible relative, minor age 8 or over, or counsel of the
23 minor did not have actual notice of or was not present at the
24 shelter care hearing, he or she may file an affidavit setting
25 forth these facts, and the clerk shall set the matter for
26 rehearing not later than 48 hours, excluding Sundays and
27 legal holidays, after the filing of the affidavit. At the
28 rehearing, the court shall proceed in the same manner as upon
29 the original hearing.
30 (5) Only when there is reasonable cause to believe that
31 the minor taken into custody is a person described in Section
32 5-3 may the minor be kept or detained in a detention home or
33 county or municipal jail. This Section shall in no way be
34 construed to limit subsection (6).
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1 (6) No minor under 16 years of age may be confined in a
2 jail or place ordinarily used for the confinement of
3 prisoners in a police station. Minors under 17 years of age
4 must be kept separate from confined adults and may not at any
5 time be kept in the same cell, room, or yard with adults
6 confined pursuant to the criminal law.
7 (7) If the minor is not brought before a judicial
8 officer within the time period as specified in Section 2-9,
9 the minor must immediately be released from custody.
10 (8) If neither the parent, guardian or custodian appears
11 within 24 hours to take custody of a minor released upon
12 request pursuant to subsection (2) of this Section, then the
13 clerk of the court shall set the matter for rehearing not
14 later than 7 days after the original order and shall issue a
15 summons directed to the parent, guardian or custodian to
16 appear. At the same time the probation department shall
17 prepare a report on the minor. If a parent, guardian or
18 custodian does not appear at such rehearing, the judge may
19 enter an order prescribing that the minor be kept in a
20 suitable place designated by the Department of Children and
21 Family Services or a licensed child welfare agency.
22 (9) Notwithstanding any other provision of this Section
23 any interested party, including the State, the temporary
24 custodian, an agency providing services to the minor or
25 family under a service plan pursuant to Section 8.2 of the
26 Abused and Neglected Child Reporting Act, foster parent, or
27 any of their representatives, on notice to all parties
28 entitled to notice, may file a motion that it is in the best
29 interests of the minor to modify or vacate a temporary
30 custody order on any of the following grounds:
31 (a) It is no longer a matter of immediate and
32 urgent necessity that the minor remain in shelter care;
33 or
34 (b) There is a material change in the circumstances
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1 of the natural family from which the minor was removed
2 and the child can be cared for at home without
3 endangering the child's health or safety; or
4 (c) A person not a party to the alleged abuse,
5 neglect or dependency, including a parent, relative or
6 legal guardian, is capable of assuming temporary custody
7 of the minor; or
8 (d) Services provided by the Department of Children
9 and Family Services or a child welfare agency or other
10 service provider have been successful in eliminating the
11 need for temporary custody and the child can be cared for
12 at home without endangering the child's health or safety.
13 In ruling on the motion, the court shall determine
14 whether it is consistent with the health, safety and best
15 interests of the minor to modify or vacate a temporary
16 custody order.
17 The clerk shall set the matter for hearing not later than
18 14 days after such motion is filed. In the event that the
19 court modifies or vacates a temporary custody order but does
20 not vacate its finding of probable cause, the court may order
21 that appropriate services be continued or initiated in behalf
22 of the minor and his or her family.
23 (10) When the court finds or has found that there is
24 probable cause to believe a minor is an abused minor as
25 described in subsection (2) of Section 2-3 and that there is
26 an immediate and urgent necessity for the abused minor to be
27 placed in shelter care, immediate and urgent necessity shall
28 be presumed for any other minor residing in the same
29 household as the abused minor provided:
30 (a) Such other minor is the subject of an abuse or
31 neglect petition pending before the court; and
32 (b) A party to the petition is seeking shelter care
33 for such other minor.
34 Once the presumption of immediate and urgent necessity
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1 has been raised, the burden of demonstrating the lack of
2 immediate and urgent necessity shall be on any party that is
3 opposing shelter care for the other minor.
4 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff.
5 1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
6 9-1-97; revised 8-4-97.)
7 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
8 Sec. 2-14. Date for Adjudicatory Hearing.
9 (a) Purpose and policy. The legislature recognizes that
10 serious delay in the adjudication of abuse, neglect, or
11 dependency cases can cause grave harm to the minor and the
12 family and that it frustrates the health, safety and best
13 interests of the minor and the effort to establish permanent
14 homes for children in need. The purpose of this Section is
15 to insure that, consistent with the federal Adoption
16 Assistance and Child Welfare Act of 1980, Public Law 96-272,
17 as amended, and the intent of this Act, the State of Illinois
18 will act in a just and speedy manner to determine the best
19 interests of the minor, including providing for the safety of
20 the minor, identifying families in need, reunifying families
21 where the minor can be cared for at home without endangering
22 the minor's health or safety and it is in the best interests
23 of the minor, and, if reunification is not consistent with
24 the health, safety and best interests of the minor, finding
25 another permanent home for the minor.
26 (b) When a petition is filed alleging that the minor is
27 abused, neglected or dependent, an adjudicatory hearing shall
28 be commenced within 90 days of the date of service of process
29 upon the minor, parents, any guardian and any legal
30 custodian. Once commenced, subsequent delay in the
31 proceedings may be allowed by the court when necessary to
32 ensure a fair hearing.
33 (c) Upon written motion of a party filed no later than
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1 10 days prior to hearing, or upon the court's own motion and
2 only for good cause shown, the Court may continue the hearing
3 for a period not to exceed 30 days, and only if the
4 continuance is consistent with the health, safety and best
5 interests of the minor. When the court grants a continuance,
6 it shall enter specific factual findings to support its
7 order, including factual findings supporting the court's
8 determination that the continuance is in the best interests
9 of the minor. Only one such continuance shall be granted. A
10 period of continuance for good cause as described in this
11 Section shall temporarily suspend as to all parties, for the
12 time of the delay, the period within which a hearing must be
13 held. On the day of the expiration of the delay, the period
14 shall continue at the point at which it was suspended.
15 The term "good cause" as applied in this Section shall be
16 strictly construed and be in accordance with Supreme Court
17 Rule 231 (a) through (f). Neither stipulation by counsel nor
18 the convenience of any party constitutes good cause. If the
19 adjudicatory hearing is not heard within the time limits
20 required by subsection (b) or (c) of this Section, upon
21 motion by any party the petition shall be dismissed without
22 prejudice.
23 (d) The time limits of this Section may be waived only
24 by consent of all parties and approval by the court.
25 (e) For all cases filed before July 1, 1991, an
26 adjudicatory hearing must, be held within 180 days of July 1,
27 1991.
28 (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
29 revised 11-17-97.)
30 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
31 Sec. 2-22. Dispositional hearing; evidence; continuance.
32 (1) At the dispositional hearing, the court shall
33 determine whether it is in the best interests of the minor
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1 and the public that he be made a ward of the court, and, if
2 he is to be made a ward of the court, the court shall
3 determine the proper disposition best serving the health,
4 safety and interests of the minor and the public. The court
5 also shall consider the permanency goal set for the minor,
6 the nature of the service plan for the minor and the services
7 delivered and to be delivered under the plan. All evidence
8 helpful in determining these questions, including oral and
9 written reports, may be admitted and may be relied upon to
10 the extent of its probative value, even though not competent
11 for the purposes of the adjudicatory hearing.
12 (2) Notice in compliance with Supreme Court Rule 11 must
13 be given to all parties-respondent prior to proceeding to a
14 dispositional hearing. Before making an order of disposition
15 the court shall advise the State's Attorney, the parents,
16 guardian, custodian or responsible relative or their counsel
17 of the factual contents and the conclusions of the reports
18 prepared for the use of the court and considered by it, and
19 afford fair opportunity, if requested, to controvert them.
20 The court may order, however, that the documents containing
21 such reports need not be submitted to inspection, or that
22 sources of confidential information need not be disclosed
23 except to the attorneys for the parties. Factual contents,
24 conclusions, documents and sources disclosed by the court
25 under this paragraph shall not be further disclosed without
26 the express approval of the court pursuant to an in camera
27 hearing.
28 (3) A record of a prior continuance under supervision
29 under Section 2-20, whether successfully completed with
30 regard to the child's health, safety and best interest, or
31 not, is admissible at the dispositional hearing.
32 (4) On its own motion or that of the State's Attorney, a
33 parent, guardian, custodian, responsible relative or counsel,
34 the court may adjourn the hearing for a reasonable period to
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1 receive reports or other evidence, if the adjournment is
2 consistent with the health, safety and best interests of the
3 minor, but in no event shall continuances be granted so that
4 the dispositional hearing occurs more than 6 months after the
5 initial removal of a minor from his or her home. In
6 scheduling investigations and hearings, the court shall give
7 priority to proceedings in which a minor has been removed
8 from his or her home before an order of disposition has been
9 made.
10 (5) Unless already set by the court, at the conclusion
11 of the dispositional hearing, the court shall set the date
12 for the first permanency hearing, to be conducted under
13 subsection (2) of Section 2-28 or subsection (c) of Section
14 2-28.01, which shall be held no later than 12 months after
15 the minor is taken into temporary custody or in counties with
16 a population over 3,000,000, no later than 12 months after
17 the minor is taken into temporary custody.
18 (6) When the court declares a child to be a ward of the
19 court and awards guardianship to the Department of Children
20 and Family Services, the court shall admonish the parents,
21 guardian, custodian or responsible relative that the parents
22 must cooperate with the Department of Children and Family
23 Services, comply with the terms of the service plans, and
24 correct the conditions which require the child to be in care,
25 or risk termination of their parental rights.
26 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
27 eff. 9-1-97; revised 11-12-97.)
28 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
29 Sec. 2-23. Kinds of dispositional orders.
30 (1) The following kinds of orders of disposition may be
31 made in respect of wards of the court:
32 (a) A minor under 18 years of age found to be
33 neglected or abused under Section 2-3 may be (1)
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1 continued in the custody of his or her parents, guardian
2 or legal custodian; (2) placed in accordance with Section
3 2-27; or (3) ordered partially or completely emancipated
4 in accordance with the provisions of the Emancipation of
5 Mature Minors Act.
6 However, in any case in which a minor is found by
7 the court to be neglected or abused under Section 2-3 of
8 this Act, custody of the minor shall not be restored to
9 any parent, guardian or legal custodian found by the
10 court to have caused the neglect or to have inflicted the
11 abuse on the minor, unless it is in the best interests of
12 the minor, until such time as a hearing is held on the
13 issue of the best interests of the minor and the fitness
14 of such parent, guardian or legal custodian to care for
15 the minor without endangering the minor's health or
16 safety, and the court enters an order that such parent,
17 guardian or legal custodian is fit to care for the minor.
18 (b) A minor under 18 years of age found to be
19 dependent under Section 2-4 may be (1) placed in
20 accordance with Section 2-27 or (2) ordered partially or
21 completely emancipated in accordance with the provisions
22 of the Emancipation of Mature Minors Act.
23 However, in any case in which a minor is found by
24 the court to be dependent under Section 2-4 of this Act
25 and the court has made a further finding under paragraph
26 (2) of Section 2-21 that such dependency is the result of
27 physical abuse, custody of the minor shall not be
28 restored to any parent, guardian or legal custodian found
29 by the court to have inflicted physical abuse on the
30 minor until such time as a hearing is held on the issue
31 of the fitness of such parent, guardian or legal
32 custodian to care for the minor without endangering the
33 minor's health or safety, and the court enters an order
34 that such parent, guardian or legal custodian is fit to
-1124- LRB9000999EGfgam01
1 care for the minor.
2 (c) When the court awards guardianship to the
3 Department of Children and Family Services, the court
4 shall order the parents to cooperate with the Department
5 of Children and Family Services, comply with the terms of
6 the service plans, and correct the conditions that
7 require the child to be in care, or risk termination of
8 their parental rights.
9 (d) When the court orders a child restored to the
10 custody of the parent or parents, the court shall order
11 the parent or parents to cooperate with the Department of
12 Children and Family Services and comply with the terms of
13 an after-care plan, or risk the loss of custody of the
14 child and the possible termination of their parental
15 rights.
16 (2) Any order of disposition may provide for protective
17 supervision under Section 2-24 and may include an order of
18 protection under Section 2-25.
19 Unless the order of disposition expressly so provides, it
20 does not operate to close proceedings on the pending
21 petition, but is subject to modification, not inconsistent
22 with Section 2-28 or 2-28.01, whichever is applicable, until
23 final closing and discharge of the proceedings under Section
24 2-31.
25 (3) The court also shall enter any other orders
26 necessary to fulfill the service plan, including, but not
27 limited to, (i) orders requiring parties to cooperate with
28 services, (ii) restraining orders controlling the conduct of
29 any party likely to frustrate the achievement of the goal,
30 and (iii) visiting orders. Unless otherwise specifically
31 authorized by law, the court is not empowered under this
32 subsection (3) to order specific placements, specific
33 services, or specific service providers to be included in the
34 plan. If the court concludes that the Department of Children
-1125- LRB9000999EGfgam01
1 and Family Services has abused its discretion in setting the
2 current service plan or permanency goal for the minor, the
3 court shall enter specific findings in writing based on the
4 evidence and shall enter an order for the Department to
5 develop and implement a new permanency goal and service plan
6 consistent with the court's findings. The new service plan
7 shall be filed with the court and served on all parties. The
8 court shall continue the matter until the new service plan is
9 filed.
10 (4) In addition to any other order of disposition, the
11 court may order any minor adjudicated neglected with respect
12 to his or her own injurious behavior to make restitution, in
13 monetary or non-monetary form, under the terms and conditions
14 of Section 5-5-6 of the Unified Code of Corrections, except
15 that the "presentence hearing" referred to therein shall be
16 the dispositional hearing for purposes of this Section. The
17 parent, guardian or legal custodian of the minor may pay some
18 or all of such restitution on the minor's behalf.
19 (5) Any order for disposition where the minor is
20 committed or placed in accordance with Section 2-27 shall
21 provide for the parents or guardian of the estate of such
22 minor to pay to the legal custodian or guardian of the person
23 of the minor such sums as are determined by the custodian or
24 guardian of the person of the minor as necessary for the
25 minor's needs. Such payments may not exceed the maximum
26 amounts provided for by Section 9.1 of the Children and
27 Family Services Act.
28 (6) Whenever the order of disposition requires the minor
29 to attend school or participate in a program of training, the
30 truant officer or designated school official shall regularly
31 report to the court if the minor is a chronic or habitual
32 truant under Section 26-2a of the School Code.
33 (7) The court may terminate the parental rights of a
34 parent at the initial dispositional hearing if all of the
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1 conditions in subsection (5) of Section 2-21 are met.
2 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
3 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
4 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
5 Sec. 2-25. Order of protection.
6 (1) The court may make an order of protection in
7 assistance of or as a condition of any other order authorized
8 by this Act. The order of protection shall be based on the
9 health, safety and best interests of the minor and may set
10 forth reasonable conditions of behavior to be observed for a
11 specified period. Such an order may require a person:
12 (a) to stay away from the home or the minor;
13 (b) to permit a parent to visit the minor at stated
14 periods;
15 (c) to abstain from offensive conduct against the
16 minor, his parent or any person to whom custody of the
17 minor is awarded;
18 (d) to give proper attention to the care of the
19 home;
20 (e) to cooperate in good faith with an agency to
21 which custody of a minor is entrusted by the court or
22 with an agency or association to which the minor is
23 referred by the court;
24 (f) to prohibit and prevent any contact whatsoever
25 with the respondent minor by a specified individual or
26 individuals who are alleged in either a criminal or
27 juvenile proceeding to have caused injury to a respondent
28 minor or a sibling of a respondent minor;
29 (g) to refrain from acts of commission or omission
30 that tend to make the home not a proper place for the
31 minor; .
32 (h) to refrain from contacting the minor and the
33 foster parents in any manner that is not specified in
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1 writing in the case plan.
2 (2) The court shall enter an order of protection to
3 prohibit and prevent any contact between a respondent minor
4 or a sibling of a respondent minor and any person named in a
5 petition seeking an order of protection who has been
6 convicted of heinous battery under Section 12-4.1, aggravated
7 battery of a child under Section 12-4.3, criminal sexual
8 assault under Section 12-13, aggravated criminal sexual
9 assault under Section 12-14, predatory criminal sexual
10 assault of a child under Section 12-14.1, criminal sexual
11 abuse under Section 12-15, or aggravated criminal sexual
12 abuse under Section 12-16 of the Criminal Code of 1961, or
13 has been convicted of an offense that resulted in the death
14 of a child, or has violated a previous order of protection
15 under this Section.
16 (3) When the court issues an order of protection against
17 any person as provided by this Section, the court shall
18 direct a copy of such order to the Sheriff of that county.
19 The Sheriff shall furnish a copy of the order of protection
20 to the Department of State Police within with 24 hours of
21 receipt, in the form and manner required by the Department.
22 The Department of State Police shall maintain a complete
23 record and index of such orders of protection and make this
24 data available to all local law enforcement agencies.
25 (4) After notice and opportunity for hearing afforded to
26 a person subject to an order of protection, the order may be
27 modified or extended for a further specified period or both
28 or may be terminated if the court finds that the health,
29 safety, and best interests of the minor and the public will
30 be served thereby.
31 (5) An order of protection may be sought at any time
32 during the course of any proceeding conducted pursuant to
33 this Act if such an order is consistent with the health,
34 safety, and best interests of the minor. Any person against
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1 whom an order of protection is sought may retain counsel to
2 represent him at a hearing, and has rights to be present at
3 the hearing, to be informed prior to the hearing in writing
4 of the contents of the petition seeking a protective order
5 and of the date, place and time of such hearing, and to cross
6 examine witnesses called by the petitioner and to present
7 witnesses and argument in opposition to the relief sought in
8 the petition.
9 (6) Diligent efforts shall be made by the petitioner to
10 serve any person or persons against whom any order of
11 protection is sought with written notice of the contents of
12 the petition seeking a protective order and of the date,
13 place and time at which the hearing on the petition is to be
14 held. When a protective order is being sought in conjunction
15 with a temporary custody hearing, if the court finds that the
16 person against whom the protective order is being sought has
17 been notified of the hearing or that diligent efforts have
18 been made to notify such person, the court may conduct a
19 hearing. If a protective order is sought at any time other
20 than in conjunction with a temporary custody hearing, the
21 court may not conduct a hearing on the petition in the
22 absence of the person against whom the order is sought unless
23 the petitioner has notified such person by personal service
24 at least 3 days before the hearing or has sent written
25 notice by first class mail to such person's last known
26 address at least 5 days before the hearing.
27 (7) A person against whom an order of protection is
28 being sought who is neither a parent, guardian, legal
29 custodian or responsible relative as described in Section 1-5
30 is not a party or respondent as defined in that Section and
31 shall not be entitled to the rights provided therein. Such
32 person does not have a right to appointed counsel or to be
33 present at any hearing other than the hearing in which the
34 order of protection is being sought or a hearing directly
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1 pertaining to that order. Unless the court orders otherwise,
2 such person does not have a right to inspect the court file.
3 (8) All protective orders entered under this Section
4 shall be in writing. Unless the person against whom the
5 order was obtained was present in court when the order was
6 issued, the sheriff, other law enforcement official or
7 special process server shall promptly serve that order upon
8 that person and file proof of such service, in the manner
9 provided for service of process in civil proceedings. The
10 person against whom the protective order was obtained may
11 seek a modification of the order by filing a written motion
12 to modify the order within 7 days after actual receipt by the
13 person of a copy of the order. Any modification of the order
14 granted by the court must be determined to be consistent with
15 the best interests of the minor.
16 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
17 90-15, eff. 6-13-97; 90-28, eff. 1-1-98; revised 12-22-97.)
18 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
19 Sec. 2-27. Placement; legal custody or guardianship.
20 (1) If the court determines and puts in writing the
21 factual basis supporting the determination of whether the
22 parents, guardian, or legal custodian of a minor adjudged a
23 ward of the court are unfit or are unable, for some reason
24 other than financial circumstances alone, to care for,
25 protect, train or discipline the minor or are unwilling to do
26 so, and that the health, safety, and best interest of the
27 minor will be jeopardized if the minor remains in the custody
28 of his or her parents, guardian or custodian, the court may
29 at this hearing and at any later point:
30 (a) place the minor in the custody of a suitable
31 relative or other person as legal custodian or guardian;
32 (a-5) with the approval of the Department of
33 Children and Family Services, place the minor in the
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1 subsidized guardianship of a suitable relative or other
2 person as legal guardian; "subsidized guardianship" means
3 a private guardianship arrangement for children for whom
4 the permanency goals of return home and adoption have
5 been ruled out and who meet the qualifications for
6 subsidized guardianship as defined by the Department of
7 Children and Family Services in administrative rules;
8 (b) place the minor under the guardianship of a
9 probation officer;
10 (c) commit the minor to an agency for care or
11 placement, except an institution under the authority of
12 the Department of Corrections or of the Department of
13 Children and Family Services;
14 (d) commit the minor to the Department of Children
15 and Family Services for care and service; however, a
16 minor charged with a criminal offense under the Criminal
17 Code of 1961 or adjudicated delinquent shall not be
18 placed in the custody of or committed to the Department
19 of Children and Family Services by any court, except a
20 minor less than 13 years of age and committed to the
21 Department of Children and Family Services under Section
22 5-23 of this Act. The Department shall be given due
23 notice of the pendency of the action and the Guardianship
24 Administrator of the Department of Children and Family
25 Services shall be appointed guardian of the person of the
26 minor. Whenever the Department seeks to discharge a minor
27 from its care and service, the Guardianship Administrator
28 shall petition the court for an order terminating
29 guardianship. The Guardianship Administrator may
30 designate one or more other officers of the Department,
31 appointed as Department officers by administrative order
32 of the Department Director, authorized to affix the
33 signature of the Guardianship Administrator to documents
34 affecting the guardian-ward relationship of children for
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1 whom he or she has been appointed guardian at such times
2 as he or she is unable to perform the duties of his or
3 her office. The signature authorization shall include but
4 not be limited to matters of consent of marriage,
5 enlistment in the armed forces, legal proceedings,
6 adoption, major medical and surgical treatment and
7 application for driver's license. Signature
8 authorizations made pursuant to the provisions of this
9 paragraph shall be filed with the Secretary of State and
10 the Secretary of State shall provide upon payment of the
11 customary fee, certified copies of the authorization to
12 any court or individual who requests a copy.
13 (1.5) In making a determination under this Section, the
14 court shall also consider whether, based on health, safety,
15 and the best interests of the minor,
16 (a) appropriate services aimed at family
17 preservation and family reunification have been
18 unsuccessful in rectifying the conditions that have led
19 to a finding of unfitness or inability to care for,
20 protect, train, or discipline the minor, or
21 (b) no family preservation or family reunification
22 services would be appropriate,
23 and if the petition or amended petition contained an
24 allegation that the parent is an unfit person as defined in
25 subdivision (D) of Section 1 of the Adoption Act, and the
26 order of adjudication recites that parental unfitness was
27 established by clear and convincing evidence, the court
28 shall, when appropriate and in the best interest of the
29 minor, enter an order terminating parental rights and
30 appointing a guardian with power to consent to adoption in
31 accordance with Section 2-29.
32 When making a placement, the court, wherever possible,
33 shall require the Department of Children and Family Services
34 to select a person holding the same religious belief as that
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1 of the minor or a private agency controlled by persons of
2 like religious faith of the minor and shall require the
3 Department to otherwise comply with Section 7 of the Children
4 and Family Services Act in placing the child. In addition,
5 whenever alternative plans for placement are available, the
6 court shall ascertain and consider, to the extent appropriate
7 in the particular case, the views and preferences of the
8 minor.
9 (2) When a minor is placed with a suitable relative or
10 other person pursuant to item (a) of subsection (1), the
11 court shall appoint him or her the legal custodian or
12 guardian of the person of the minor. When a minor is
13 committed to any agency, the court shall appoint the proper
14 officer or representative thereof as legal custodian or
15 guardian of the person of the minor. Legal custodians and
16 guardians of the person of the minor have the respective
17 rights and duties set forth in subsection (9) of Section 1-3
18 except as otherwise provided by order of court; but no
19 guardian of the person may consent to adoption of the minor
20 unless that authority is conferred upon him or her in
21 accordance with Section 2-29. An agency whose representative
22 is appointed guardian of the person or legal custodian of the
23 minor may place the minor in any child care facility, but the
24 facility must be licensed under the Child Care Act of 1969 or
25 have been approved by the Department of Children and Family
26 Services as meeting the standards established for such
27 licensing. No agency may place a minor adjudicated under
28 Sections 2-3 or 2-4 in a child care facility unless the
29 placement is in compliance with the rules and regulations for
30 placement under this Section promulgated by the Department of
31 Children and Family Services under Section 5 of the Children
32 and Family Services Act. Like authority and restrictions
33 shall be conferred by the court upon any probation officer
34 who has been appointed guardian of the person of a minor.
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1 (3) No placement by any probation officer or agency
2 whose representative is appointed guardian of the person or
3 legal custodian of a minor may be made in any out of State
4 child care facility unless it complies with the Interstate
5 Compact on the Placement of Children. Placement with a
6 parent, however, is not subject to that Interstate Compact.
7 (4) The clerk of the court shall issue to the legal
8 custodian or guardian of the person a certified copy of the
9 order of court, as proof of his authority. No other process
10 is necessary as authority for the keeping of the minor.
11 (5) Custody or guardianship granted under this Section
12 continues until the court otherwise directs, but not after
13 the minor reaches the age of 19 years except as set forth in
14 Section 2-31.
15 (6) At the dispositional hearing, the court shall
16 consider whether it is appropriate for a motion to be filed
17 to terminate parental rights and appoint a guardian with
18 power to consent to adoption with regard to a parent:
19 (A) whose identity still remains unknown;
20 (B) whose whereabouts remain unknown;
21 (C) who was found in default at the adjudicatory
22 hearing and has not obtained an order setting aside the
23 default in accordance with Section 2-1301 of the Code of
24 Civil Procedure.
25 Notice to a parent for whom an order of default has been
26 entered on the petition for wardship and has not been set
27 aside shall be provided in accordance with Sections 2-15 and
28 2-16. If a parent's identity or whereabouts are unknown, and
29 a diligent inquiry for such parent has been made at any time
30 within the preceding 12 months, no further inquiry is
31 required to support notice by publication.
32 If the court determines such a motion to be appropriate,
33 it may order the motion to be filed. The court, upon motion,
34 may enter an order terminating parental rights upon
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1 appropriate finding and appoint a guardian with power to
2 consent to adoption in accordance with this subsection before
3 or at the first permanency hearing.
4 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
5 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
6 8-22-97; revised 11-17-97.)
7 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
8 Sec. 2-28. Court review in counties with a population
9 under 3,000,000.
10 (0.5) This Section applies in counties with a population
11 under 3,000,000.
12 (1) The court may require any legal custodian or
13 guardian of the person appointed under this Act to report
14 periodically to the court or may cite him into court and
15 require him or his agency, to make a full and accurate report
16 of his or its doings in behalf of the minor. The custodian
17 or guardian, within 10 days after such citation, shall make
18 the report, either in writing verified by affidavit or orally
19 under oath in open court, or otherwise as the court directs.
20 Upon the hearing of the report the court may remove the
21 custodian or guardian and appoint another in his stead or
22 restore the minor to the custody of his parents or former
23 guardian or custodian. However, custody of the minor shall
24 not be restored to any parent, guardian or legal custodian in
25 any case in which the minor is found to be neglected or
26 abused under Section 2-3 of this Act, unless the minor can be
27 cared for at home without endangering the minor's health or
28 safety and it is in the best interests of the minor, and if
29 such neglect or abuse is found by the court under paragraph
30 (2) of Section 2-21 of this Act to be the result of physical
31 abuse inflicted on the minor by such parent, guardian or
32 legal custodian, until such time as an investigation is made
33 as provided in paragraph (5) and a hearing is held on the
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1 issue of the fitness of such parent, guardian or legal
2 custodian to care for the minor and the court enters an order
3 that such parent, guardian or legal custodian is fit to care
4 for the minor.
5 (2) In counties under 3,000,000 population, Permanency
6 hearings shall be conducted by the judge. In counties with a
7 population of 3,000,000 or more, the first permanency hearing
8 shall be conducted by a judge. Subsequent permanency
9 hearings may be heard by a judge or by hearing officers
10 appointed or approved by the court in the manner set forth in
11 Section 2-28.1 of this Act. The initial hearing shall be
12 held within 12 months from the date temporary custody was
13 taken. Subsequent permanency hearings shall be held every 6
14 months or more frequently if necessary in the court's
15 determination following the initial permanency hearing, in
16 accordance with the standards set forth in this Section,
17 until the court determines that the plan and goal have been
18 achieved. Once the plan and goal have been achieved, if the
19 minor remains in substitute care, the case shall be reviewed
20 at least every 6 months thereafter, subject to the provisions
21 of this Section, unless the minor is placed in the
22 guardianship of a suitable relative or other person and the
23 court determines that further monitoring by the court does
24 not further the health, safety or best interest of the child
25 and that this is a stable permanent placement. The
26 permanency hearings must occur within the time frames set
27 forth in this subsection and may not be delayed in
28 anticipation of a report from any source on or due to the
29 agency's failure to timely file its written report (this
30 written report means the one required under the next
31 paragraph and does not mean the service plan also referred to
32 in that paragraph).
33 The public agency that is the custodian or guardian of
34 the minor, or another agency responsible for the minor's
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1 care, shall ensure that all parties to the permanency
2 hearings are provided a copy of the most recent service plan
3 prepared within the prior 6 months at least 14 days in
4 advance of the hearing. If not contained in the plan, the
5 agency shall also include a report setting forth (i) any
6 special physical, psychological, educational, medical,
7 emotional, or other needs of the minor or his or her family
8 that are relevant to a permanency or placement determination
9 and (ii) for any minor age 16 or over, a written description
10 of the programs and services that will enable the minor to
11 prepare for independent living. The agency's written report
12 must detail what progress or lack of progress the parent has
13 made in correcting the conditions requiring the child to be
14 in care; whether the child can be returned home without
15 jeopardizing the child's health, safety, and welfare, and if
16 not, what permanency goal is recommended to be in the best
17 interests of the child, and why the other permanency goals
18 are not appropriate. The caseworker must appear and testify
19 at the permanency hearing. If a permanency hearing has not
20 previously been scheduled by the court, the moving party
21 shall move for the setting of a permanency hearing and the
22 entry of an order within the time frames set forth in this
23 subsection.
24 At the permanency hearing, the court shall determine the
25 future status of the child. The court shall set one of the
26 following permanency goals:
27 (A) The minor will be returned home by a specific
28 date within 5 months.
29 (B) The minor will be in short-term care with a
30 continued goal to return home within a period not to
31 exceed one year, where the progress of the parent or
32 parents is substantial giving particular consideration to
33 the age and individual needs of the minor.
34 (B-1) The minor will be in short-term care with a
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1 continued goal to return home pending a status hearing.
2 When the court finds that a parent has not made
3 reasonable efforts or reasonable progress to date, the
4 court shall identify what actions the parent and the
5 Department must take in order to justify a finding of
6 reasonable efforts or reasonable progress and shall set a
7 status hearing to be held not earlier than 9 months from
8 the date of adjudication nor later than 11 months from
9 the date of adjudication during which the parent's
10 progress will again be reviewed.
11 (C) The minor will be in substitute care pending
12 court determination on termination of parental rights.
13 (D) Adoption, provided that parental rights have
14 been terminated or relinquished.
15 (E) The guardianship of the minor will be
16 transferred to an individual or couple on a permanent
17 basis provided that goals (A) through (D) have been ruled
18 out.
19 (F) The minor over age 12 will be in substitute
20 care pending independence.
21 (G) The minor will be in substitute care because he
22 or she cannot be provided for in a home environment due
23 to developmental disabilities or mental illness or
24 because he or she is a danger to self or others, provided
25 that goals (A) through (D) have been ruled out.
26 In selecting any permanency goal, the court shall
27 indicate in writing the reasons the goal was selected and why
28 the preceding goals were ruled out. Where the court has
29 selected a permanency goal other than (A), (B), or (B-1), the
30 Department of Children and Family Services shall not provide
31 further reunification services, but shall provide services
32 consistent with the goal selected.
33 The court shall consider the following factors when
34 setting the permanency goal:
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1 (1) Age of the child.
2 (2) Options available for permanence.
3 (3) Current placement of the child and the intent
4 of the family regarding adoption.
5 (4) Emotional, physical, and mental status or
6 condition of the child.
7 (5) Types of services previously offered and
8 whether or not the services were successful and, if not
9 successful, the reasons the services failed.
10 (6) Availability of services currently needed and
11 whether the services exist.
12 (7) Status of siblings of the minor.
13 The court shall consider (i) the permanency goal
14 contained in the service plan, (ii) the appropriateness of
15 the services contained in the plan and whether those services
16 have been provided, (iii) whether reasonable efforts have
17 been made by all the parties to the service plan to achieve
18 the goal, and (iv) whether the plan and goal have been
19 achieved. All evidence relevant to determining these
20 questions, including oral and written reports, may be
21 admitted and may be relied on to the extent of their
22 probative value.
23 If the goal has been achieved, the court shall enter
24 orders that are necessary to conform the minor's legal
25 custody and status to those findings.
26 If, after receiving evidence, the court determines that
27 the services contained in the plan are not reasonably
28 calculated to facilitate achievement of the permanency goal,
29 the court shall put in writing the factual basis supporting
30 the determination and enter specific findings based on the
31 evidence. The court also shall enter an order for the
32 Department to develop and implement a new service plan or to
33 implement changes to the current service plan consistent with
34 the court's findings. The new service plan shall be filed
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1 with the court and served on all parties within 45 days of
2 the date of the order. The court shall continue the matter
3 until the new service plan is filed. Unless otherwise
4 specifically authorized by law, the court is not empowered
5 under this subsection (2) or under subsection (3) to order
6 specific placements, specific services, or specific service
7 providers to be included in the plan.
8 A guardian or custodian appointed by the court pursuant
9 to this Act shall file updated case plans with the court
10 every 6 months.
11 Rights of wards of the court under this Act are
12 enforceable against any public agency by complaints for
13 relief by mandamus filed in any proceedings brought under
14 this Act.
15 (3) Following the permanency hearing, the court shall
16 enter a written order that includes the determinations
17 required under subsection (2) of this Section 2-28, and sets
18 forth the following:
19 (a) The future status of the minor, including the
20 permanency goal, and any order necessary to conform the
21 minor's legal custody and status to such determination;
22 or
23 (b) If the permanency goal of the minor cannot be
24 achieved immediately, the specific reasons for continuing
25 the minor in the care of the Department of Children and
26 Family Services or other agency for short term placement,
27 and the following determinations:
28 (i) (Blank).
29 (ii) Whether the services required by the
30 court and by any service plan prepared within the
31 prior 6 months have been provided and (A) if so,
32 whether the services were reasonably calculated to
33 facilitate the achievement of the permanency goal or
34 (B) if not provided, why the services were not
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1 provided.
2 (iii) Whether the minor's placement is
3 necessary, and appropriate to the plan and goal,
4 recognizing the right of minors to the least
5 restrictive (most family-like) setting available and
6 in close proximity to the parents' home consistent
7 with the health, safety, best interest and special
8 needs of the minor and, if the minor is placed
9 out-of-State, whether the out-of-State placement
10 continues to be appropriate and consistent with the
11 health, safety, and best interest of the minor.
12 (iv) (Blank).
13 (v) (Blank).
14 Any order entered pursuant to this subsection (3) shall
15 be immediately appealable as a matter of right under Supreme
16 Court Rule 304(b)(1).
17 (4) The minor or any person interested in the minor may
18 apply to the court for a change in custody of the minor and
19 the appointment of a new custodian or guardian of the person
20 or for the restoration of the minor to the custody of his
21 parents or former guardian or custodian.
22 When return home is not selected as the permanency goal:
23 (a) The State's Attorney or the current foster
24 parent or relative caregiver seeking private guardianship
25 may file a motion for private guardianship of the minor.
26 Appointment of a guardian under this Section requires
27 approval of the court and the Department of Children and
28 Family Services.
29 (b) The State's Attorney may file a motion to
30 terminate parental rights of any parent who has failed to
31 make reasonable efforts to correct the conditions which
32 led to the removal of the child or reasonable progress
33 toward the return of the child, as defined in subdivision
34 (D)(m) of Section 1 of the Adoption Act or for whom any
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1 other unfitness ground for terminating parental rights as
2 defined in subdivision (D) of Section 1 of the Adoption
3 Act exists.
4 Custody of the minor shall not be restored to any parent,
5 guardian or legal custodian in any case in which the minor is
6 found to be neglected or abused under Section 2-3 of this
7 Act, unless the minor can be cared for at home without
8 endangering his or her health or safety and it is in the best
9 interest of the minor, and if such neglect or abuse is found
10 by the court under paragraph (2) of Section 2-21 of this Act
11 to be the result of physical abuse inflicted on the minor by
12 such parent, guardian or legal custodian, until such time as
13 an investigation is made as provided in paragraph (4) and a
14 hearing is held on the issue of the health, safety and best
15 interest of the minor and the fitness of such parent,
16 guardian or legal custodian to care for the minor and the
17 court enters an order that such parent, guardian or legal
18 custodian is fit to care for the minor. In the event that
19 the minor has attained 18 years of age and the guardian or
20 custodian petitions the court for an order terminating his
21 guardianship or custody, guardianship or custody shall
22 terminate automatically 30 days after the receipt of the
23 petition unless the court orders otherwise. No legal
24 custodian or guardian of the person may be removed without
25 his consent until given notice and an opportunity to be heard
26 by the court.
27 When the court orders a child restored to the custody of
28 the parent or parents, the court shall order the parent or
29 parents to cooperate with the Department of Children and
30 Family Services and comply with the terms of an after-care
31 plan, or risk the loss of custody of the child and possible
32 termination of their parental rights. The court may also
33 enter an order of protective supervision in accordance with
34 Section 2-24.
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1 (5) Whenever a parent, guardian, or legal custodian
2 files a motion for restoration of custody of the minor, and
3 the minor was adjudicated neglected or abused as a result of
4 physical abuse, the court shall cause to be made an
5 investigation as to whether the movant has ever been charged
6 with or convicted of any criminal offense which would
7 indicate the likelihood of any further physical abuse to the
8 minor. Evidence of such criminal convictions shall be taken
9 into account in determining whether the minor can be cared
10 for at home without endangering his or her health or safety
11 and fitness of the parent, guardian, or legal custodian.
12 (a) Any agency of this State or any subdivision
13 thereof shall co-operate with the agent of the court in
14 providing any information sought in the investigation.
15 (b) The information derived from the investigation
16 and any conclusions or recommendations derived from the
17 information shall be provided to the parent, guardian, or
18 legal custodian seeking restoration of custody prior to
19 the hearing on fitness and the movant shall have an
20 opportunity at the hearing to refute the information or
21 contest its significance.
22 (c) All information obtained from any investigation
23 shall be confidential as provided in Section 1-10 of this
24 Act.
25 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
26 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
27 90-87, eff. 9-1-97; revised 11-12-97.)
28 (705 ILCS 405/2-28.01)
29 Sec. 2-28.01. Court review in counties with a population
30 of 3,000,000 or more.
31 (a) This Section applies in counties with a population
32 of 3,000,000 or more.
33 (b) The court may require any legal custodian or
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1 guardian of the person appointed under this Act to report
2 periodically to the court or may cite him or her into court
3 and require him or her, or his or her agency, to make a full
4 and accurate report of his or her or its doings in behalf of
5 the minor. The custodian or guardian, within 10 days after
6 the citation, shall make the report, either in writing
7 verified by affidavit or orally under oath in open court, or
8 otherwise as the court directs. Upon the hearing of the
9 report, the court may remove the custodian or guardian and
10 appoint another in his or her stead or restore the minor to
11 the custody of his or her parents or former guardian or
12 custodian. However, custody of the minor shall not be
13 restored to any parent, guardian, or legal custodian in any
14 case in which the minor is found to be neglected or abused
15 under Section 2-3 of this Act, unless the minor can be cared
16 for at home without endangering the minor's health or safety
17 and it is in the best interests of the minor, and if the
18 neglect or abuse is found by the court under paragraph (2) of
19 Section 2-21 of this Act to be the result of physical abuse
20 inflicted on the minor by the parent, guardian, or legal
21 custodian, until such time as an investigation is made as
22 provided in paragraph (g) of this Section and a hearing is
23 held on the issue of the fitness of the parent, guardian, or
24 legal custodian to care for the minor and the court enters an
25 order that the parent, guardian, or legal custodian is fit to
26 care for the minor.
27 (c) The first permanency hearing shall be conducted by a
28 judge. Subsequent permanency hearings may be heard by a
29 judge or by a hearing officer appointed or approved by the
30 court in the manner set forth in Section 2-28.1 of this Act.
31 The initial hearing shall be held within 12 months from the
32 date temporary custody was taken. Permanency hearings shall
33 be held every 6 months or more frequently if necessary in the
34 court's determination following the initial permanency
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1 hearing, in accordance with the standards set forth in this
2 Section, until the court determines that the plan and goal
3 have been achieved. Once the plan and goal have been
4 achieved, if the minor remains in substitute care, the case
5 shall be reviewed at least every 6 months thereafter, subject
6 to the provisions of this Section, unless the minor is placed
7 in the guardianship of a suitable relative or other person
8 and the court determines that further monitoring by the court
9 does not further the health, safety or best interest of the
10 child and that this is a stable permanent placement. The
11 permanency hearings must occur within the time frames set
12 forth in this subsection and may not be delayed in
13 anticipation of a report from any source, or due to the
14 agency's failure to timely file its written report (this
15 written report means the one required under the next
16 paragraph and does not mean the service plan also referred to
17 in that paragraph).
18 (1) The public agency that is the custodian or
19 guardian of the minor, or another agency responsible for
20 the minor's care, shall ensure that all parties to the
21 permanency hearings are provided a copy of the most
22 recent service plan prepared within the prior 6 months at
23 least 14 days in advance of the hearing. If not
24 contained in the plan, the agency shall also include a
25 report setting forth (i) any special physical,
26 psychological, educational, medical, emotional, or other
27 needs of the minor or his or her family that are relevant
28 to a permanency or placement determination and (ii) for
29 any minor age 16 years or over, a written description of
30 the programs and services that will enable the minor to
31 prepare for independent living. The agency's written
32 report must detail what progress or lack of progress the
33 parent has made in correcting the conditions requiring
34 the child to be in care; whether the child can be
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1 returned home without jeopardizing the child's health,
2 safety, and welfare, and if not, what permanency goal is
3 recommended to be in the best interests of the child, and
4 why the other permanency goals are not appropriate. The
5 caseworker must appear and testify at the permanency
6 hearing. If a permanency review hearing has not
7 previously been scheduled by the court, the moving party
8 shall move for the setting of a permanency hearing and
9 the entry of an order within the time frames set forth in
10 this subsection (c).
11 (2) At the permanency hearing, the court shall
12 determine the future status of the child. The court
13 shall set one of the following permanency goals:
14 (A) The minor will be returned home by a
15 specific date within 5 months.
16 (B)(1) The minor will be in short-term care
17 with a continued goal to return home within a period
18 not to exceed one year, when the progress of the
19 parent or parents is substantial giving particular
20 consideration to the age and individual needs of the
21 minor, or
22 (2) If the permanency hearing is held less
23 than 9 months after adjudication and the court finds
24 that the parent or parents have not made substantial
25 progress the court may:
26 (i) make a finding regarding reasonable
27 progress or efforts at that point;
28 (ii) when appropriate identify what
29 actions the parent or the Department of
30 Children and Family Services must take in order
31 to justify a finding of reasonable efforts and
32 reasonable progress; and
33 (iii) enter an order continuing the
34 permanency hearing to a date not earlier than 9
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1 months from the date of the adjudication nor
2 later than 11 months from the date of the
3 adjudication.
4 (C) The minor will be in substitute care
5 pending court determination on termination of
6 parental rights.
7 (D) Adoption, provided that parental rights
8 have been terminated or relinquished.
9 (E) The guardianship of the minor will be
10 transferred to an individual or couple on a
11 permanent basis provided that goals (A) through (D)
12 have been ruled out.
13 (F) The minor over age 12 will be in
14 substitute care pending independence.
15 (G) The minor will be in substitute care
16 because he or she cannot be provided for in a home
17 environment due to developmental disabilities or
18 mental illness or because he or she is a danger to
19 self or others, provided that goals (A) through (D)
20 have been ruled out.
21 In selecting any permanency goal, the court shall
22 indicate in writing the reasons the goal was selected and
23 why the preceding goals were ruled out. If the court has
24 selected a permanency goal other than (A) or (B) the
25 Department of Children and Family Services shall not
26 provide further reunification services, but shall provide
27 services consistent with the goal selected.
28 The court shall consider the following factors when
29 setting the permanency goal:
30 (i) Age of the child.
31 (ii) Options available for permanence.
32 (iii) Current placement of the child and the
33 intent of the family regarding adoption.
34 (iv) Emotional, physical, and mental status or
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1 condition of the child.
2 (v) Types of services previously offered and
3 whether or not the services were successful and, if
4 not successful, the reasons the services failed.
5 (vi) Availability of services currently needed
6 and whether the services exist.
7 (vii) Status of siblings of the minor.
8 (3) The court shall consider (i) the permanency
9 goal contained in the service case plan, (ii) the
10 appropriateness of the services contained in the plan and
11 whether those services have been provided, (iii) whether
12 reasonable efforts have been made by all the parties to
13 the service plan to achieve the goal, and (iv) whether
14 the plan and goal have been achieved.
15 (4) 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 (d) 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 after
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
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1 under this subsection (d) or under subsection (c) or (e) to
2 order specific placements, specific services, or specific
3 service 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 (e) Following the permanency hearing, the court shall
12 enter a written order that includes the determinations
13 required under subsections (c) and (d) of this Section and
14 sets forth the following an order setting forth the following
15 determinations in writing:
16 (1) The future status of the minor, including the
17 permanency goal, and any orders necessary to conform the
18 minor's legal custody and status to the determination; or
19 (2) 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 (A) Whether the services required by the court
25 and by any service plan prepared within the prior 6
26 months have been provided and (i) if so, whether the
27 services were reasonably calculated to facilitate
28 the achievement of the permanency goal or (ii) if
29 not provided, why the services were not provided.
30 (B) Whether the minor's placement is
31 necessary, and appropriate to the plan and goal,
32 recognizing the right of minors to the least
33 restrictive (most family-like) setting available and
34 in close proximity to the parents' home consistent
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1 with the health, safety, best interest and special
2 needs of the minor and, if the minor is placed
3 out-of-State, whether the out-of-State placement
4 continues to be appropriate and consistent with in
5 the health, safety, and best interest of the minor.
6 Any order entered pursuant to this subsection (e) shall
7 be immediately appealable as a matter of right under Supreme
8 Court Rule 304(b)(1).
9 (f) The minor or any person interested in the minor may
10 apply to the court for a change in custody of the minor and
11 the appointment of a new custodian or guardian of the person
12 or for the restoration of the minor to the custody of his or
13 her parents or former guardian or custodian.
14 When return home is not selected as the permanency goal:
15 (1) The State's Attorney or the current foster
16 parent or relative caregiver seeking private guardianship
17 may file a motion for private guardianship of the minor.
18 Appointment of a guardian under this Section requires
19 approval of the court and the Department of Children and
20 Family Services.
21 (2) The State's Attorney may file a motion to
22 terminate parental rights of any parent who has failed to
23 make reasonable efforts to correct the conditions which
24 led to the removal of the child or reasonable progress
25 toward the return of the child, as defined in subdivision
26 (D)(m) of Section 1 of the Adoption Act or for whom any
27 other unfitness ground for terminating parental rights as
28 defined in subdivision (D) of Section 1 of the Adoption
29 Act exists.
30 However, Custody of the minor shall not be restored to any
31 parent, guardian, or legal custodian in any case in which the
32 minor is found to be neglected or abused under Section 2-3 of
33 this Act, unless the minor can be cared for at home without
34 endangering his or her health or safety and it is in the best
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1 interest of the minor, and if the neglect or abuse is found
2 by the court under paragraph (2) of Section 2-21 of this Act
3 to be the result of physical abuse inflicted on the minor by
4 the parent, guardian, or legal custodian, until such time as
5 an investigation is made as provided in paragraph (g) and a
6 hearing is held on the issue of the health, safety and best
7 interest of the minor and the fitness of the parent,
8 guardian, or legal custodian to care for the minor and the
9 court enters an order that the parent, guardian, or legal
10 custodian is fit to care for the minor. In the event that
11 the minor has attained 18 years of age and the guardian or
12 custodian petitions the court for an order terminating his or
13 her guardianship or custody, guardianship or custody shall
14 terminate automatically 30 days after the receipt of the
15 petition unless the court orders otherwise. No legal
16 custodian or guardian of the person may be removed without
17 his or her consent until given notice and an opportunity to
18 be heard by the court.
19 When the court orders a child restored to the custody of
20 the parent or parents, the court shall order the parent or
21 parents to cooperate with the Department of Children and
22 Family Services and comply with the terms of an after-care
23 plan, or risk the loss of custody of the child and possible
24 termination of their parental rights. The court may also
25 enter an order of protective supervision in accordance with
26 Section 2-24.
27 (g) Whenever a parent, guardian, or legal custodian
28 files a motion petitions for restoration of custody of the
29 minor, and the minor was adjudicated neglected or abused as a
30 result of physical abuse, the court shall cause to be made an
31 investigation as to whether the movant petitioner has ever
32 been charged with or convicted of any criminal offense that
33 would indicate the likelihood of any further physical abuse
34 to the minor. Evidence of these criminal convictions shall
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1 be taken into account in determining whether the minor can be
2 cared for at home without endangering his or her health or
3 safety and the fitness of the parent, guardian, or legal
4 custodian.
5 (1) Any agency of this State or any subdivision of
6 the State shall cooperate with the agent of the court in
7 providing any information sought in the investigation.
8 (2) The information derived from the investigation
9 and any conclusions or recommendations derived from the
10 information shall be provided to the parent, guardian, or
11 legal custodian seeking restoration of custody prior to
12 the hearing on fitness and the movant petitioner shall
13 have an opportunity at the hearing to refute the
14 information or contest its significance.
15 (3) All information obtained from any investigation
16 shall be confidential as provided in Section 1-10 of this
17 Act.
18 (Source: P.A. 90-87, eff. 9-1-97; revised 11-12-97.)
19 (705 ILCS 405/2-28.1)
20 Sec. 2-28.1. Permanency hearings; before hearing
21 officers.
22 (a) The chief judge of the circuit court may appoint
23 hearing officers to conduct the permanency hearings set forth
24 in subsection (2) of Section 2-28 or subsection (c) of
25 Section 2-28.01 of this Act, in accordance with the
26 provisions of this Section. The hearing officers shall be
27 attorneys with at least 3 years experience in child abuse and
28 neglect or permanency planning and in counties with a
29 population of 3,000,000 or more, admitted to practice for at
30 least 7 years. Once trained by the court, hearing officers
31 shall be authorized to do the following:
32 (1) Conduct a fair and impartial hearing.
33 (2) Summon and compel the attendance of witnesses.
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1 (3) Administer the oath or affirmation and take
2 testimony under oath or affirmation.
3 (4) Require the production of evidence relevant to
4 the permanency hearing to be conducted. That evidence
5 may include, but need not be limited to case plans,
6 social histories, medical and psychological evaluations,
7 child placement histories, visitation records, and other
8 documents and writings applicable to those items.
9 (5) Rule on the admissibility of evidence using the
10 standard applied at a dispositional hearing under Section
11 2-22 of this Act.
12 (6) When necessary, cause notices to be issued
13 requiring parties, the public agency that is custodian or
14 guardian of the minor, or another agency responsible for
15 the minor's care to appear either before the hearing
16 officer or in court.
17 (7) Analyze the evidence presented to the hearing
18 officer and prepare written recommended orders, including
19 findings of fact, based on the evidence.
20 (8) Prior to the hearing, conduct any pre-hearings
21 that may be necessary.
22 (9) Conduct in camera interviews with children when
23 requested by a child or the child's guardian ad litem.
24 In counties with a population of 3,000,000 or more, hearing
25 officers shall also be authorized to do the following:
26 (i) (1) (10) Accept specific consents for adoption
27 or surrenders of parental rights from a parent or
28 parents.
29 (ii) (2) (11) Conduct hearings on the progress made
30 toward the permanency goal set for the minor.
31 (iii) (3) (12) Perform other duties as assigned by
32 the court.
33 (b) The hearing officer shall consider evidence and
34 conduct the permanency hearings as set forth in subsections
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1 (2) and (3) of Section 2-28 or subsection (c) of Section
2 2-28.01 of this Act in accordance with the standards set
3 forth therein. The hearing officer shall assure that a
4 verbatim record of the proceedings is made and retained for a
5 period of 12 months or until the next permanency hearing,
6 whichever date is later, and shall direct to the clerk of the
7 court all documents and evidence to be made part of the court
8 file. The hearing officer shall inform the participants of
9 their individual rights and responsibilities. The hearing
10 officer shall identify the issues to be reviewed under
11 subsection (2) of Section 2-28 or subsection (c) of Section
12 2-28.01, consider all relevant facts, and receive or request
13 any additional information necessary to make recommendations
14 to the court.
15 If a party fails to appear at the hearing, the hearing
16 officer may proceed to the permanency hearing with the
17 parties present at the hearing. The hearing officer shall
18 specifically note for the court the absence of any parties.
19 If all parties are present at the permanency hearing, and the
20 parties and the Department are in agreement that the service
21 plan and permanency goal are appropriate or are in agreement
22 that the permanency goal for the child has been achieved, the
23 hearing officer shall prepare a recommended order, including
24 findings of fact, to be submitted to the court, and all
25 parties and the Department shall sign the recommended order
26 at the time of the hearing. The recommended order will then
27 be submitted to the court for its immediate consideration and
28 the entry of an appropriate order.
29 The court may enter an order consistent with the
30 recommended order without further hearing or notice to the
31 parties, may refer the matter to the hearing officer for
32 further proceedings, or may hold such additional hearings as
33 the court deems necessary. All parties present at the
34 hearing and the Department shall be tendered a copy of the
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1 court's order at the conclusion of the hearing.
2 (c) If one or more parties are not present at the
3 permanency hearing, or any party or the Department of
4 Children and Family Services objects to the hearing officer's
5 recommended order, including any findings of fact, the
6 hearing officer shall set the matter for a judicial
7 determination within 30 days of the permanency hearing for
8 the entry of the recommended order or for receipt of the
9 parties' objections. Any objections shall identify the
10 specific findings or recommendations that are contested, the
11 basis for the objections, and the evidence or applicable law
12 supporting the objection. The recommended order and its
13 contents may not be disclosed to anyone other than the
14 parties and the Department or other agency unless otherwise
15 specifically ordered by a judge of the court.
16 Following the receipt of objections consistent with this
17 subsection from any party or the Department of Children and
18 Family Services to the hearing officer's recommended orders,
19 the court shall make a judicial determination of those
20 portions of the order to which objections were made, and
21 shall enter an appropriate order. The court may refuse to
22 review any objections that fail to meet the requirements of
23 this subsection.
24 (d) The following are judicial functions and shall be
25 performed only by a circuit judge or associate judge:
26 (1) Review of the recommended orders of the hearing
27 officer and entry of orders the court deems appropriate.
28 (2) Conduct of judicial hearings on all pre-hearing
29 motions and other matters that require a court order and
30 entry of orders as the court deems appropriate.
31 (3) Conduct of judicial determinations on all
32 matters in which the parties or the Department of
33 Children and Family Services disagree with the hearing
34 officer's recommended orders under subsection (3).
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1 (4) Issuance of rules to show cause, conduct of
2 contempt proceedings, and imposition of appropriate
3 sanctions or relief.
4 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
5 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
6 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
7 Sec. 2-31. Duration of wardship and discharge of
8 proceedings.
9 (1) All proceedings under this Act in respect of any
10 minor for whom a petition was filed after the effective date
11 of this amendatory Act of 1991 automatically terminate upon
12 his attaining the age of 19 years, except that a court may
13 continue the wardship of a minor until age 21 for good cause
14 when there is satisfactory evidence presented to the court
15 and the court makes written factual findings that the health,
16 safety, and best interest of the minor and the public require
17 the continuation of the wardship.
18 (2) Whenever the court determines, and makes written
19 factual findings, that health, safety, and the best interests
20 of the minor and the public no longer require the wardship of
21 the court, the court shall order the wardship terminated and
22 all proceedings under this Act respecting that minor finally
23 closed and discharged. The court may at the same time
24 continue or terminate any custodianship or guardianship
25 theretofore ordered but the termination must be made in
26 compliance with Section 2-28 or 2-28.01, whichever is
27 applicable.
28 (3) The wardship of the minor and any custodianship or
29 guardianship respecting the minor for whom a petition was
30 filed after the effective date of this amendatory Act of 1991
31 automatically terminates when he attains the age of 19 years
32 except as set forth in subsection (1) of this Section. The
33 clerk of the court shall at that time record all proceedings
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1 under this Act as finally closed and discharged for that
2 reason.
3 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
4 (705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
5 Sec. 3-26. Order of protection.
6 (1) The court may make an order of protection in
7 assistance of or as a condition of any other order authorized
8 by this Act. The order of protection may set forth reasonable
9 conditions of behavior to be observed for a specified period.
10 Such an order may require a person:
11 (a) To stay away from the home or the minor;
12 (b) To permit a parent to visit the minor at stated
13 periods;
14 (c) To abstain from offensive conduct against the
15 minor, his parent or any person to whom custody of the
16 minor is awarded;
17 (d) To give proper attention to the care of the
18 home;
19 (e) To cooperate in good faith with an agency to
20 which custody of a minor is entrusted by the court or
21 with an agency or association to which the minor is
22 referred by the court;
23 (f) To prohibit and prevent any contact whatsoever
24 with the respondent minor by a specified individual or
25 individuals who are alleged in either a criminal or
26 juvenile proceeding to have caused injury to a respondent
27 minor or a sibling of a respondent minor;
28 (g) To refrain from acts of commission or omission
29 that tend to make the home not a proper place for the
30 minor.
31 (2) The court shall enter an order of protection to
32 prohibit and prevent any contact between a respondent minor
33 or a sibling of a respondent minor and any person named in a
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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 best
25 interests of the minor and the public will be served thereby.
26 (5) An order of protection may be sought at any time
27 during the course of any proceeding conducted pursuant to
28 this Act. Any person against whom an order of protection is
29 sought may retain counsel to represent him at a hearing, and
30 has rights to be present at the hearing, to be informed prior
31 to the hearing in writing of the contents of the petition
32 seeking a protective order and of the date, place and time of
33 such hearing, and to cross examine witnesses called by the
34 petitioner and to present witnesses and argument in
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1 opposition to the relief sought in the petition.
2 (6) Diligent efforts shall be made by the petitioner to
3 serve any person or persons against whom any order of
4 protection is sought with written notice of the contents of
5 the petition seeking a protective order and of the date,
6 place and time at which the hearing on the petition is to be
7 held. When a protective order is being sought in conjunction
8 with a shelter care hearing, if the court finds that the
9 person against whom the protective order is being sought has
10 been notified of the hearing or that diligent efforts have
11 been made to notify such person, the court may conduct a
12 hearing. If a protective order is sought at any time other
13 than in conjunction with a shelter care hearing, the court
14 may not conduct a hearing on the petition in the absence of
15 the person against whom the order is sought unless the
16 petitioner has notified such person by personal service at
17 least 3 days before the hearing or has sent written notice by
18 first class mail to such person's last known address at least
19 5 days before the hearing.
20 (7) A person against whom an order of protection is
21 being sought who is neither a parent, guardian, legal
22 custodian or responsible relative as described in Section 1-5
23 is not a party or respondent as defined in that Section and
24 shall not be entitled to the rights provided therein. Such
25 person does not have a right to appointed counsel or to be
26 present at any hearing other than the hearing in which the
27 order of protection is being sought or a hearing directly
28 pertaining to that order. Unless the court orders otherwise,
29 such person does not have a right to inspect the court file.
30 (8) All protective orders entered under this Section
31 shall be in writing. Unless the person against whom the
32 order was obtained was present in court when the order was
33 issued, the sheriff, other law enforcement official or
34 special process server shall promptly serve that order upon
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1 that person and file proof of such service, in the manner
2 provided for service of process in civil proceedings. The
3 person against whom the protective order was obtained may
4 seek a modification of the order by filing a written motion
5 to modify the order within 7 days after actual receipt by the
6 person of a copy of the order.
7 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
8 revised 12-18-97.)
9 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
10 Sec. 3-33. Truant Minor in Need of Supervision.
11 (a) Definition. A minor who is reported by a regional
12 superintendent of schools, or in cities of over 500,000
13 inhabitants, by the Office of Chronic Truant Adjudication, as
14 a chronic truant shall be adjudged a truant minor in need of
15 supervision.
16 (a-1) There is a rebuttable presumption that a chronic
17 truant is a truant minor in need of supervision.
18 (a-2) There is a rebuttable presumption that school
19 records of a minor's attendance at school are authentic.
20 (a-3) For purposes of this Section, "chronic truant" has
21 the meaning ascribed to it in Section 26-2a of the School
22 Code.
23 (b) Kinds of dispositional orders. A minor found to be
24 a truant minor in need of supervision may be:
25 (1) committed to the appropriate regional
26 superintendent of schools for a multi-disciplinary case
27 staffing, individualized educational plan or service plan, or
28 referral to comprehensive community-based youth services;
29 (2) required to comply with an individualized
30 educational plan or service plan as specifically provided by
31 the appropriate regional superintendent of schools;
32 (3) ordered to obtain counseling or other supportive
33 services;
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1 (4) subject to a fine in an amount in excess of $5, but
2 not exceeding $100, and each day of absence without valid
3 cause as defined in Section 26-2a of The School Code is a
4 separate offense;
5 (5) required to perform some reasonable public service
6 work such as, but not limited to, the picking up of litter in
7 public parks or along public highways or the maintenance of
8 public facilities; or
9 (6) subject to having his or her driver's license or
10 privilege suspended.
11 A dispositional order may include a fine, public service,
12 or suspension of a driver's license or privilege only if the
13 court has made an express written finding that a truancy
14 prevention program has been offered by the school, regional
15 superintendent of schools, or a community social service
16 agency to the truant minor in need of supervision.
17 (c) Orders entered under this Section may be enforced by
18 contempt proceedings.
19 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
20 revised 10-23-97.)
21 (705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
22 Sec. 4-23. Order of protection.
23 (1) The court may make an order of protection in
24 assistance of or as a condition of any other order authorized
25 by this Act. The order of protection may set forth reasonable
26 conditions of behavior to be observed for a specified period.
27 Such an order may require a person:
28 (a) To stay away from the home or the minor;
29 (b) To permit a parent to visit the minor at stated
30 periods;
31 (c) To abstain from offensive conduct against the
32 minor, his parent or any person to whom custody of the
33 minor is awarded;
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1 (d) To give proper attention to the care of the
2 home;
3 (e) To cooperate in good faith with an agency to
4 which custody of a minor is entrusted by the court or
5 with an agency or association to which the minor is
6 referred by the court;
7 (f) To prohibit and prevent any contact whatsoever
8 with the respondent minor by a specified individual or
9 individuals who are alleged in either a criminal or
10 juvenile proceeding to have caused injury to a respondent
11 minor or a sibling of a respondent minor;
12 (g) To refrain from acts of commission or omission
13 that tend to make the home not a proper place for the
14 minor.
15 (2) The court shall enter an order of protection to
16 prohibit and prevent any contact between a respondent minor
17 or a sibling of a respondent minor and any person named in a
18 petition seeking an order of protection who has been
19 convicted of heinous battery under Section 12-4.1, aggravated
20 battery of a child under Section 12-4.3, criminal sexual
21 assault under Section 12-13, aggravated criminal sexual
22 assault under Section 12-14, predatory criminal sexual
23 assault of a child under Section 12-14.1, criminal sexual
24 abuse under Section 12-15, or aggravated criminal sexual
25 abuse under Section 12-16 of the Criminal Code of 1961, or
26 has been convicted of an offense that resulted in the death
27 of a child, or has violated a previous order of protection
28 under this Section.
29 (3) When the court issues an order of protection against
30 any person as provided by this Section, the court shall
31 direct a copy of such order to the Sheriff of that county.
32 The Sheriff shall furnish a copy of the order of protection
33 to the Department of State Police within with 24 hours of
34 receipt, in the form and manner required by the Department.
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1 The Department of State Police shall maintain a complete
2 record and index of such orders of protection and make this
3 data available to all local law enforcement agencies.
4 (4) After notice and opportunity for hearing afforded to
5 a person subject to an order of protection, the order may be
6 modified or extended for a further specified period or both
7 or may be terminated if the court finds that the best
8 interests of the minor and the public will be served thereby.
9 (5) An order of protection may be sought at any time
10 during the course of any proceeding conducted pursuant to
11 this Act. Any person against whom an order of protection is
12 sought may retain counsel to represent him at a hearing, and
13 has rights to be present at the hearing, to be informed prior
14 to the hearing in writing of the contents of the petition
15 seeking a protective order and of the date, place and time of
16 such hearing, and to cross examine witnesses called by the
17 petitioner and to present witnesses and argument in
18 opposition to the relief sought in the petition.
19 (6) Diligent efforts shall be made by the petitioner to
20 serve any person or persons against whom any order of
21 protection is sought with written notice of the contents of
22 the petition seeking a protective order and of the date,
23 place and time at which the hearing on the petition is to be
24 held. When a protective order is being sought in conjunction
25 with a shelter care hearing, if the court finds that the
26 person against whom the protective order is being sought has
27 been notified of the hearing or that diligent efforts have
28 been made to notify such person, the court may conduct a
29 hearing. If a protective order is sought at any time other
30 than in conjunction with a shelter care hearing, the court
31 may not conduct a hearing on the petition in the absence of
32 the person against whom the order is sought unless the
33 petitioner has notified such person by personal service at
34 least 3 days before the hearing or has sent written notice by
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1 first class mail to such person's last known address at least
2 5 days before the hearing.
3 (7) A person against whom an order of protection is
4 being sought who is neither a parent, guardian, legal
5 custodian or responsible relative as described in Section 1-5
6 is not a party or respondent as defined in that Section and
7 shall not be entitled to the rights provided therein. Such
8 person does not have a right to appointed counsel or to be
9 present at any hearing other than the hearing in which the
10 order of protection is being sought or a hearing directly
11 pertaining to that order. Unless the court orders otherwise,
12 such person does not have a right to inspect the court file.
13 (8) All protective orders entered under this Section
14 shall be in writing. Unless the person against whom the
15 order was obtained was present in court when the order was
16 issued, the sheriff, other law enforcement official or
17 special process server shall promptly serve that order upon
18 that person and file proof of such service, in the manner
19 provided for service of process in civil proceedings. The
20 person against whom the protective order was obtained may
21 seek a modification of the order by filing a written motion
22 to modify the order within 7 days after actual receipt by the
23 person of a copy of the order.
24 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
25 revised 12-18-97.)
26 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
27 Sec. 6-9. Enforcement of liability of parents and
28 others.
29 (1) If parentage is at issue in any proceeding under
30 this Act, the Illinois Parentage Act of 1984 shall apply and
31 the court shall enter orders consistent with that Act. If it
32 appears at any hearing that a parent or any other person
33 named in the petition, liable under the law for the support
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1 of the minor, is able to contribute to his or her support,
2 the court shall enter an order requiring that parent or other
3 person to pay the clerk of the court, or to the guardian or
4 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
5 a reasonable sum from time to time for the care, support and
6 necessary special care or treatment, of the minor. The court
7 may require reasonable security for the payments. Upon
8 failure to pay, the court may enforce obedience to the order
9 by a proceeding as for contempt of court.
10 If it appears that the person liable for the support of
11 the minor is able to contribute to legal fees for
12 representation of the minor, the court shall enter an order
13 requiring that person to pay a reasonable sum for the
14 representation, to the attorney providing the representation
15 or to the clerk of the court for deposit in the appropriate
16 account or fund. The sum may be paid as the court directs,
17 and the payment thereof secured and enforced as provided in
18 this Section for support.
19 If it appears at the detention or shelter care hearing of
20 a minor before the court under Section 5-10 that a parent or
21 any other person liable for support of the minor is able to
22 contribute to his or her support, that parent or other person
23 shall be required to pay a fee for room and board at a rate
24 not to exceed $10 per day established, with the concurrence
25 of the chief judge of the judicial circuit, by the county
26 board of the county in which the minor is detained unless the
27 court determines that it is in the best interest and welfare
28 of the minor to waive the fee. The concurrence of the chief
29 judge shall be in the form of an administrative order. Each
30 week, on a day designated by the clerk of the circuit court,
31 that parent or other person shall pay the clerk for the
32 minor's room and board. All fees for room and board
33 collected by the circuit court clerk shall be disbursed into
34 the separate county fund under Section 6-7.
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1 Upon application, the court shall waive liability for
2 support or legal fees under this Section if the parent or
3 other person establishes that he or she is indigent and
4 unable to pay the incurred liability, and the court may
5 reduce or waive liability if the parent or other person
6 establishes circumstances showing that full payment of
7 support or legal fees would result in financial hardship to
8 the person or his or her family.
9 (2) When a person so ordered to pay for the care and
10 support of a minor is employed for wages, salary or
11 commission, the court may order him to make the support
12 payments for which he is liable under this Act out of his
13 wages, salary or commission and to assign so much thereof as
14 will pay the support. The court may also order him to make
15 discovery to the court as to his place of employment and the
16 amounts earned by him. Upon his failure to obey the orders of
17 court he may be punished as for contempt of court.
18 (3) If the minor is a recipient of public aid under the
19 Illinois Public Aid Code, the court shall order that payments
20 made by a parent or through assignment of his wages, salary
21 or commission be made directly to (a) the Illinois Department
22 of Public Aid if the minor is a recipient of aid under
23 Article V of the Code, (b) the Department of Human Services
24 if the minor is a recipient of aid under Article IV of the
25 Code, or (c) the local governmental unit responsible for the
26 support of the minor if he is a recipient under Articles VI
27 or VII of the Code. The order shall permit the Illinois
28 Department of Public Aid, the Department of Human Services,
29 or the local governmental unit, as the case may be, to direct
30 that subsequent payments be made directly to the guardian or
31 custodian of the minor, or to some other person or agency in
32 the minor's behalf, upon removal of the minor from the public
33 aid rolls; and upon such direction and removal of the minor
34 from the public aid rolls, the Illinois Department of Public
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1 Aid, Department of Human Services, or local governmental
2 unit, as the case requires, shall give written notice of such
3 action to the court. Payments received by the Illinois
4 Department of Public Aid, Department of Human Services, or
5 local governmental unit are to be covered, respectively, into
6 the General Revenue Fund of the State Treasury or General
7 Assistance Fund of the governmental unit, as provided in
8 Section 10-19 of the Illinois Public Aid Code.
9 (Source: P.A. 89-507, eff. 7-1-97; 90-157, eff. 1-1-98;
10 90-483, eff. 1-1-98; revised 11-14-97.)
11 Section 157. The Court of Claims Act is amended by
12 changing Section 21 as follows:
13 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
14 Sec. 21. The court is authorized to impose, by uniform
15 rules, a fee of $15 for the filing of a petition in any case
16 in which the award sought is more than $50 and less than
17 $1,000 and $35 in any case in which the award sought is
18 $1,000 or more; and to charge and collect for copies of
19 opinions or other documents filed in the Court of Claims such
20 fees as may be prescribed by the rules of the Court. All fees
21 and charges so collected shall be forthwith paid into the
22 State Treasury.
23 A petitioner who is a prisoner in an Illinois Department
24 of Corrections facility who files a pleading, motion, or
25 other filing that purports to be a legal document against the
26 State, the Illinois Department of Corrections, the Prisoner
27 Review Board, or any of their officers or employees in which
28 the court makes a specific finding that it is frivolous shall
29 pay all filing fees and court costs in the manner provided in
30 Article XXII of the Code of Civil Procedure.
31 In claims based upon lapsed appropriations or lost
32 warrant or in claims filed under the Law Enforcement
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1 Officers, Civil Defense Workers, Civil Air Patrol Members,
2 Paramedics, Firemen, Chaplains, and State Employees
3 Compensation Act, the Illinois National Guardsman's
4 Compensation Act, or the Crime Victims Compensation Act or in
5 claims filed by medical vendors for medical services rendered
6 by the claimant to persons eligible for Medical Assistance
7 under programs administered by the Illinois Department of
8 Public Aid, no filing fee shall be required.
9 (Source: P.A. 90-492, eff. 8-17-97; 90-505, eff. 8-19-97;
10 revised 11-14-97.)
11 Section 158. The Health Care Arbitration Act is amended
12 by changing Section 2 as follows:
13 (710 ILCS 15/2) (from Ch. 10, par. 202)
14 Sec. 2. (a) Definitions. As used in this Act:
15 (a) "Health care provider" means a person, partnership,
16 corporation, or other entity lawfully engaged in the practice
17 of medicine, surgery, chiropractic chiropractics, dentistry,
18 podiatry, optometry, physical therapy or nursing.
19 (b) "Hospital" means a person, partnership, corporation
20 or other entity lawfully engaged in the operation or
21 administration of a hospital, clinic, nursing home or
22 sanitarium.
23 (c) "Supplier" means a person, corporation, partnership
24 or other entity that has manufactured, designed, distributed,
25 sold, or otherwise provided any medication, device,
26 equipment, service, or other product used in the diagnosis or
27 treatment of a patient.
28 (d) "Health care arbitration agreement" or "agreement"
29 means a written agreement between a patient and a hospital or
30 health care provider to submit to binding arbitration a claim
31 for damages arising out of (1) injuries alleged to have been
32 received by a patient or (2) death of a patient, due to
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1 hospital or health care provider negligence or other wrongful
2 act, but not including intentional torts.
3 (Source: P.A. 80-1012; revised 7-7-97.)
4 Section 159. The Seed Arbitration Act is amended by
5 changing Section 25 as follows:
6 (710 ILCS 25/25) (from Ch. 10, par. 251-25)
7 Sec. 25. Filing and serving of answer. Within 10 days
8 after the seller receives of a copy of the complaint, the
9 seller shall file with the Director an answer to the
10 complaint and serve a copy of the answer upon the purchaser
11 by certified mail.
12 (Source: P.A. 87-186; revised 12-18-97.)
13 Section 160. The Criminal Code of 1961 is amended by
14 changing Sections 9-3, 12-6.2, 16-5, 16-10, 31A-1.2, 36-1,
15 and 47-15 and setting forth and renumbering multiple versions
16 of Section 11-9.2 as follows:
17 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
18 Sec. 9-3. Involuntary Manslaughter and Reckless
19 Homicide.
20 (a) A person who unintentionally kills an individual
21 without lawful justification commits involuntary manslaughter
22 if his acts whether lawful or unlawful which cause the death
23 are such as are likely to cause death or great bodily harm to
24 some individual, and he performs them recklessly, except in
25 cases in which the cause of the death consists of the driving
26 of a motor vehicle, in which case the person commits reckless
27 homicide.
28 (b) In cases involving reckless homicide, being under
29 the influence of alcohol or any other drug or drugs at the
30 time of the alleged violation shall be presumed to be
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1 evidence of a reckless act unless disproved by evidence to
2 the contrary.
3 (c) For the purposes of this Section, a person shall be
4 considered to be under the influence of alcohol or other
5 drugs while:
6 1. The alcohol concentration in the person's blood
7 or breath is 0.08 or more based on the definition of
8 blood and breath units in Section 11-501.2 of the
9 Illinois Vehicle Code;
10 2. Under the influence of alcohol to a degree that
11 renders the person incapable of safely driving;
12 3. Under the influence of any other drug or
13 combination of drugs to a degree that renders the person
14 incapable of safely driving; or
15 4. Under the combined influence of alcohol and any
16 other drug or drugs to a degree which renders the person
17 incapable of safely driving.
18 (d) Sentence.
19 (1) Involuntary manslaughter is a Class 3 felony.
20 (2) Reckless homicide is a Class 3 felony.
21 (e) In cases involving reckless homicide in which the
22 defendant was determined to have been under the influence of
23 alcohol or any other drug or drugs as an element of the
24 offense, or in cases in which the defendant is proven beyond
25 a reasonable doubt to have been under the influence of
26 alcohol or any other drug or drugs, the penalty shall be a
27 Class 2 felony, for which a person, if sentenced to a term of
28 imprisonment, shall be sentenced to a term of not less than 3
29 years and not more than 14 years.
30 (f) In cases involving involuntary manslaughter in which
31 the victim was a family or household member as defined in
32 paragraph (3) of Section 112A-3 of the Code of Criminal
33 Procedure of 1963, the penalty shall be a Class 2 felony, for
34 which a person if sentenced to a term of imprisonment, shall
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1 be sentenced to a term of not less than 3 years and not more
2 than 14 years.
3 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
4 revised 8-15-97.)
5 (720 ILCS 5/11-9.2)
6 Sec. 11-9.2. Custodial sexual misconduct.
7 (a) A person commits the offense of custodial sexual
8 misconduct when he or she is an employee of a penal system
9 and engages in sexual conduct or sexual penetration with a
10 person who is in the custody of that penal system.
11 (b) A probation or supervising officer commits the
12 offense of custodial sexual misconduct when the probation or
13 supervising officer engages in sexual conduct or sexual
14 penetration with a probationer, parolee, or releasee who is
15 under the supervisory, disciplinary, or custodial authority
16 of the officer so engaging in the sexual conduct or sexual
17 penetration.
18 (c) Custodial sexual misconduct is a Class 3 felony.
19 (d) Any person convicted of violating this Section
20 immediately shall forfeit his or her employment with a penal
21 system.
22 (e) For purposes of this Section, the consent of the
23 probationer, parolee, releasee, or inmate in custody of the
24 penal system shall not be a defense to a prosecution under
25 this Section. A person is deemed incapable of consent, for
26 purposes of this Section, when he or she is a probationer,
27 parolee, releasee, or inmate in custody of a penal system.
28 (f) This Section does not apply to:
29 (1) Any employee, probation, or supervising officer
30 who is lawfully married to a person in custody if the
31 marriage occurred before the date of custody.
32 (2) Any employee, probation, or supervising officer
33 who has no knowledge, and would have no reason to
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1 believe, that the person with whom he or she engaged in
2 custodial sexual misconduct was a person in custody.
3 (g) In this Section:
4 (1) "Custody" means:
5 (i) pretrial incarceration or detention;
6 (ii) incarceration or detention under a
7 sentence or commitment to a State or local penal
8 institution;
9 (iii) parole or mandatory supervised release;
10 (iv) electronic home detention;
11 (v) probation.
12 (2) "Penal system" means any system which includes
13 institutions as defined in Section 2-14 of this Code or a
14 county shelter care or detention home established under
15 Section 1 of the County Shelter Care and Detention Home
16 Act.
17 (3) "Employee" means:
18 (i) an employee of any governmental agency of
19 this State or any county or municipal corporation
20 that has by statute, ordinance, or court order the
21 responsibility for the care, control, or supervision
22 of pretrial or sentenced persons in a penal system;
23 (ii) a contractual employee of a penal system
24 as defined in paragraph (g)(2) of this Section who
25 works in a penal institution as defined in Section
26 2-14 of this Code;
27 (4) "Sexual conduct" or "sexual penetration" means
28 any act of sexual conduct or sexual penetration as
29 defined in Section 12-12 of this Code.
30 (5) "Probation officer" means any person employed
31 in a probation or court services department as defined in
32 Section 9b of the Probation and Probation Officers Act.
33 (6) "Supervising officer" means any person employed
34 to supervise persons placed on parole or mandatory
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1 supervised release with the duties described in Section
2 3-14-2 of the Unified Code of Corrections.
3 (Source: P.A. 90-66, eff. 7-7-97.)
4 (720 ILCS 5/11-9.3)
5 Sec. 11-9.3. 11-9.2. Presence within school zone by
6 child sex offenders prohibited.
7 (a) It is unlawful for a child sex offender to knowingly
8 be present in any school building, on real property
9 comprising any school, or in any conveyance owned, leased, or
10 contracted by a school to transport students to or from
11 school or a school related activity when persons under the
12 age of 18 are present in the building, on the grounds or in
13 the conveyance, unless the offender:
14 (1) is a parent or guardian of a student present in
15 the building, on the grounds or in the conveyance; or
16 (2) has permission to be present from the principal
17 or administrator of the school or from the school board.
18 (b) It is unlawful for a child sex offender to knowingly
19 loiter on a public way within 500 feet of a school building
20 or real property comprising any school while persons under
21 the age of 18 are present in the building or on the grounds,
22 unless the offender:
23 (1) is a parent or guardian of a student present in
24 the building or on the grounds; or
25 (2) has permission to be present from the principal
26 or administrator of the school or from the school board.
27 (c) Definitions. In this Section:
28 (1) "Child sex offender" means any person who:
29 (i) has been charged under Illinois law, or
30 any substantially similar federal law or law of
31 another state, with a sex offense set forth in
32 paragraph (2) of this subsection (c) or the attempt
33 to commit an included sex offense, and:
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1 (A) is convicted of such offense or an
2 attempt to commit such offense; or
3 (B) is found not guilty by reason of
4 insanity of such offense or an attempt to
5 commit such offense; or
6 (C) is found not guilty by reason of
7 insanity pursuant to subsection (c) of Section
8 104-25 of the Code of Criminal Procedure of
9 1963 of such offense or an attempt to commit
10 such offense; or
11 (D) is the subject of a finding not
12 resulting in an acquittal at a hearing
13 conducted pursuant to subsection (a) of Section
14 104-25 of the Code of Criminal Procedure of
15 1963 for the alleged commission or attempted
16 commission of such offense; or
17 (E) is found not guilty by reason of
18 insanity following a hearing conducted pursuant
19 to a federal law or the law of another state
20 substantially similar to subsection (c) of
21 Section 104-25 of the Code of Criminal
22 Procedure of 1963 of such offense or of the
23 attempted commission of such offense; or
24 (F) is the subject of a finding not
25 resulting in an acquittal at a hearing
26 conducted pursuant to a federal law or the law
27 of another state substantially similar to
28 subsection (a) of Section 104-25 of the Code of
29 Criminal Procedure of 1963 for the alleged
30 violation or attempted commission of such
31 offense; or
32 (ii) is certified as a sexually dangerous
33 person pursuant to the Illinois Sexually Dangerous
34 Persons Act, or any substantially similar federal
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1 law or the law of another state, when any conduct
2 giving rise to such certification is committed or
3 attempted against a person less than 18 years of
4 age; or
5 (iii) is subject to the provisions of Section
6 2 of the Interstate Agreements on Sexually Dangerous
7 Persons Act.
8 Convictions that result from or are connected with the
9 same act, or result from offenses committed at the same time,
10 shall be counted for the purpose of this Section as one
11 conviction. Any conviction set aside pursuant to law is not
12 a conviction for purposes of this Section.
13 (2) As used in this Section, "sex offense" means:
14 (i) A violation of any of the following
15 Sections of the Criminal Code of 1961: 10-7 (aiding
16 and abetting child abduction under Section
17 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
18 (indecent solicitation of a child), 11-6.5 (indecent
19 solicitation of an adult), 11-9 (public indecency
20 when committed in a school, on the real property
21 comprising a school, or on a conveyance, owned,
22 leased, or contracted by a school to transport
23 students to or from school or a school related
24 activity), 11-9.1 (sexual exploitation of a child),
25 11-15.1 (soliciting for a juvenile prostitute),
26 11-17.1 (keeping a place of juvenile prostitution),
27 11-18.1 (patronizing a juvenile prostitute), 11-19.1
28 (juvenile pimping), 11-19.2 (exploitation of a
29 child), 11-20.1 (child pornography), 11-21 (harmful
30 material), 12-14.1 (predatory criminal sexual
31 assault of a child), 12-33 (ritualized abuse of a
32 child), 11-20 (obscenity) (when that offense was
33 committed in any school, on real property comprising
34 any school, in any conveyance owned, leased, or
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1 contracted by a school to transport students to or
2 from school or a school related activity). An
3 attempt to commit any of these offenses.
4 (ii) A violation of any of the following
5 Sections of the Criminal Code of 1961, when the
6 victim is a person under 18 years of age: 12-13
7 (criminal sexual assault), 12-14 (aggravated
8 criminal sexual assault), 12-15 (criminal sexual
9 abuse), 12-16 (aggravated criminal sexual abuse).
10 An attempt to commit any of these offenses.
11 (iii) A violation of any of the following
12 Sections of the Criminal Code of 1961, when the
13 victim is a person under 18 years of age and the
14 defendant is not a parent of the victim:
15 10-1 (kidnapping),
16 10-2 (aggravated kidnapping),
17 10-3 (unlawful restraint),
18 10-3.1 (aggravated unlawful restraint).
19 An attempt to commit any of these offenses.
20 (iv) A violation of any former law of this
21 State substantially equivalent to any offense listed
22 in clause (2)(i) of subsection (c) of this Section.
23 (3) A conviction for an offense of federal law or
24 the law of another state that is substantially equivalent
25 to any offense listed in paragraph (2) of subsection (c)
26 of this Section shall constitute a conviction for the
27 purpose of this Article. A finding or adjudication as a
28 sexually dangerous person under any federal law or law of
29 another state that is substantially equivalent to the
30 Sexually Dangerous Persons Act shall constitute an
31 adjudication for the purposes of this Section.
32 (4) As used in this Section, "school" means a
33 public or private pre-school, elementary, or secondary
34 school.
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1 (5) As used in this Section, "loiter" means:
2 (i) Standing, sitting idly, whether or not the
3 person is in a vehicle or remaining in or around
4 school property.
5 (ii) Standing, sitting idly, whether or not
6 the person is in a vehicle or remaining in or around
7 school property, for the purpose of committing or
8 attempting to commit a sex offense.
9 (d) Sentence. A person who violates this Section is
10 guilty of a Class 4 felony.
11 (Source: P.A. 90-234, eff. 1-1-98; revised 10-18-97.)
12 (720 ILCS 5/12-6.2)
13 Sec. 12-6.2. Aggravated intimidation.
14 (a) Any streetgang member who commits the offense of
15 intimidation in furtherance of the activities of an organized
16 gang commits the offense of aggravated intimidation.
17 (b) Sentence. Aggravated intimidation is a Class 1
18 felony.
19 (c) For the purposes of this Section, "streetgang",
20 "streetgang steetgang member", and "organized gang" have the
21 meanings ascribed to them in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
24 (720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
25 Sec. 16-5. Theft from coin-operated machines.
26 (a) A person commits theft from a coin-operated machine
27 when he knowingly and without authority and with intent to
28 commit a theft from such machine, opens, breaks into, tampers
29 with, or damages a coin-operated machine.
30 (b) As used in this Section, the term "coin-operated
31 machine" shall include any automatic vending machine or any
32 part thereof, parking meter, coin telephone, coin laundry
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1 machine, coin dry cleaning machine, amusement machine, music
2 machine, vending machine dispensing goods or services, or
3 money changer.
4 (c) Sentence. A person convicted of theft from a
5 coin-operated machine shall be guilty of a Class A
6 misdemeanor. A person who has been convicted of theft from a
7 coin-operated machine and who has been previously convicted
8 of any type of theft, robbery, armed robbery, burglary,
9 residential burglary, possession of burglary tools, or home
10 invasion is guilty of a Class 4 felony. When a person has
11 any such prior conviction, the information or indictment
12 charging that person shall state such prior conviction so as
13 to give notice of the State's intention to treat the charge
14 as a felony. The fact of such prior conviction is not an
15 element of the offense and may not be disclosed to the jury
16 during trial unless otherwise permitted by issues properly
17 raised during such trial.
18 (Source: P.A. 85-691; revised 7-7-97.)
19 (720 ILCS 5/16-10) (from Ch. 38, par. 16-10)
20 Sec. 16-10. (a) 1. As used in this subsection "cable
21 television service" means any and all services provided by or
22 through the facilities of any cable television system or
23 closed circuit coaxial cable communication system, or any
24 microwave or similar transmission service used in connection
25 with any cable television system or similar closed circuit
26 coaxial cable communications system.
27 2. No person shall knowingly obtain or use cable
28 television service without the authorization of or
29 compensation paid to the operator of such service. The
30 existence of any connection, wire, conductor, or other device
31 whatsoever, which effects the use of cable television service
32 by any person without such use being specifically authorized
33 by, or compensation paid to the operator of the cable
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1 television service may be considered as evidence of intent to
2 violate this Section.
3 3. No person shall, with intent to defraud a cable
4 television operator, assist or instruct any other person in
5 obtaining any cable television service.
6 4. No person shall, with intent to defraud a cable
7 television operator, sell or rent, or offer to sell or rent
8 any instrument, apparatus, equipment or device, or any
9 plans, specifications or instructions for making or
10 assembling any instrument, apparatus, equipment or device to
11 any person with knowledge that the person to whom the item is
12 sold or offered intends to use it to make unauthorized use of
13 cable television service.
14 (b) Sentence.
15 A person convicted under subsection (a) of this Section
16 is guilty of a Class A misdemeanor unless the person
17 committed the offense for remuneration renumeration, in which
18 event it is a Class 4 felony.
19 (Source: P.A. 88-466; revised 7-7-97.)
20 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
21 Sec. 31A-1.2. Unauthorized bringing of contraband into a
22 penal institution by an employee; unauthorized possessing of
23 contraband in a penal institution by an employee;
24 unauthorized delivery of contraband in a penal institution by
25 an employee.
26 (a) A person commits the offense of unauthorized
27 bringing of contraband into a penal institution by an
28 employee when a person who is an employee knowingly and
29 without authority or any person designated or authorized to
30 grant such authority:
31 (1) brings or attempts to bring an item of
32 contraband listed in paragraphs (i) through (iv) of
33 subsection (d)(4) into a penal institution, or
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1 (2) causes or permits another to bring an item of
2 contraband listed in paragraphs (i) through (iv) of
3 subsection (d)(4) into a penal institution.
4 (b) A person commits the offense of unauthorized
5 possession of contraband in a penal institution by an
6 employee when a person who is an employee knowingly and
7 without authority of any person designated or authorized to
8 grant such authority possesses contraband listed in
9 paragraphs (i) through (iv) of subsection (d)(4) in a penal
10 institution, regardless of the intent with which he possesses
11 it.
12 (c) A person commits the offense of unauthorized
13 delivery of contraband in a penal institution by an employee
14 when a person who is an employee knowingly and without
15 authority of any person designated or authorized to grant
16 such authority:
17 (1) delivers or possesses with intent to deliver an
18 item of contraband to any inmate of a penal institution,
19 or
20 (2) conspires to deliver or solicits the delivery
21 of an item of contraband to any inmate of a penal
22 institution, or
23 (3) causes or permits the delivery of an item of
24 contraband to any inmate of a penal institution, or
25 (4) permits another person to attempt to deliver an
26 item of contraband to any inmate of a penal institution.
27 (d) For purpose of this Section, the words and phrases
28 listed below shall be defined as follows:
29 (1) "Penal Institution" shall have the meaning
30 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
31 this Code;
32 (2) "Employee" means any elected or appointed
33 officer, trustee or employee of a penal institution or of
34 the governing authority of the penal institution, or any
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1 person who performs services for the penal institution
2 pursuant to contract with the penal institution or its
3 governing authority.
4 (3) "Deliver" or "delivery" means the actual,
5 constructive or attempted transfer of possession of an
6 item of contraband, with or without consideration,
7 whether or not there is an agency relationship;
8 (4) "Item of contraband" means any of the
9 following:
10 (i) "Alcoholic liquor" as such term is defined
11 in Section 1-3.05 of the Liquor Control Act of 1934.
12 (ii) "Cannabis" as such term is defined in
13 subsection (a) 9a) of Section 3 of the Cannabis
14 Control Act.
15 (iii) "Controlled substance" as such term is
16 defined in the Illinois Controlled Substance Act.
17 (iv) "Hypodermic syringe" or hypodermic
18 needle, or any instrument adapted for use of
19 controlled substances or cannabis by subcutaneous
20 injection.
21 (v) "Weapon" means any knife, dagger, dirk,
22 billy, razor, stiletto, broken bottle, or other
23 piece of glass which could be used as a dangerous
24 weapon. Such term includes any of the devices or
25 implements designated in subsections (a)(1), (a)(3)
26 and (a)(6) of Section 24-1 of this Act, or any other
27 dangerous weapon or instrument of like character.
28 (vi) "Firearm" means any device, by whatever
29 name known, which is designed to expel a projectile
30 or projectiles by the action of an explosion,
31 expansion of gas or escape of gas, including but not
32 limited to:
33 (A) any pneumatic gun, spring gun, or B-B
34 gun which expels a single globular projectile
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1 not exceeding .18 inch in diameter; or
2 (B) any device used exclusively for
3 signaling or safety and required or recommended
4 by the United States Coast Guard or the
5 Interstate Commerce Commission; or
6 (C) any device used exclusively for the
7 firing of stud cartridges, explosive rivets or
8 industrial ammunition; or
9 (D) any device which is powered by
10 electrical charging units, such as batteries,
11 and which fires one or several barbs attached
12 to a length of wire and which, upon hitting a
13 human, can send out current capable of
14 disrupting the person's nervous system in such
15 a manner as to render him incapable of normal
16 functioning, commonly referred to as a stun gun
17 or taser.
18 (vii) "Firearm ammunition" means any
19 self-contained cartridge or shotgun shell, by
20 whatever name known, which is designed to be used or
21 adaptable to use in a firearm, including but not
22 limited to:
23 (A) any ammunition exclusively designed
24 for use with a device used exclusively for
25 signaling or safety and required or recommended
26 by the United States Coast Guard or the
27 Interstate Commerce Commission; or
28 (B) any ammunition designed exclusively
29 for use with a stud or rivet driver or other
30 similar industrial ammunition.
31 (viii) "Explosive" means, but is not limited
32 to, bomb, bombshell, grenade, bottle or other
33 container containing an explosive substance of over
34 one-quarter ounce for like purposes such as black
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1 powder bombs and Molotov cocktails or artillery
2 projectiles.
3 (ix) "Tool to defeat security mechanisms"
4 means, but is not limited to, handcuff or security
5 restraint key, tool designed to pick locks, or
6 device or instrument capable of unlocking handcuff
7 or security restraints, doors to cells, rooms, gates
8 or other areas of the penal institution.
9 (x) "Cutting tool" means, but is not limited
10 to, hacksaw blade, wirecutter, or device, instrument
11 or file capable of cutting through metal.
12 (xi) "Electronic contraband" means, but is not
13 limited to, any electronic, video recording device,
14 computer, or cellular communications equipment,
15 including, but not limited to, cellular telephones,
16 cellular telephone batteries, videotape recorders,
17 pagers, computers, and computer peripheral
18 equipment.
19 (e) A violation of paragraphs (a) or (b) of this Section
20 involving alcohol is a Class 4 felony. A violation of
21 paragraph (a) or (b) of this Section involving cannabis is a
22 Class 2 felony. A violation of paragraph (a) or (b)
23 involving any amount of a controlled substance classified in
24 Schedules III, IV or V of Article II of the Controlled
25 Substances Act is a Class 1 felony. A violation of paragraph
26 (a) or (b) of this Section involving any amount of a
27 controlled substance classified in Schedules I or II of
28 Article II of the Controlled Substances Act is a Class X
29 felony. A violation of paragraph (a) or (b) involving an
30 item of contraband listed in paragraph (iv) of subsection
31 (d)(4) is a Class X felony. A violation of paragraph (a) or
32 (b) involving an item of contraband listed in paragraph (v)
33 or (xi) of subsection (d)(4) is a Class 1 felony. A
34 violation of paragraph (a) or (b) involving an item of
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1 contraband listed in paragraphs (vi), (vii) or (viii) of
2 subsection (d)(4) is a Class X felony.
3 (f) A violation of paragraph (c) of this Section
4 involving alcoholic liquor is a Class 3 felony. A violation
5 of paragraph (c) involving cannabis is a Class 1 felony. A
6 violation of paragraph (c) involving any amount of a
7 controlled substance classified in Schedules III, IV or V of
8 Article II of the Controlled Substances Act is a Class X
9 felony. A violation of paragraph (c) involving any amount of
10 a controlled substance classified in Schedules I or II of
11 Article II of the Controlled Substances Act is a Class X
12 felony for which the minimum term of imprisonment shall be 8
13 years. A violation of paragraph (c) involving an item of
14 contraband listed in paragraph (iv) of subsection (d)(4) is a
15 Class X felony for which the minimum term of imprisonment
16 shall be 8 years. A violation of paragraph (c) involving an
17 item of contraband listed in paragraph (v), (ix) or (x) of
18 subsection (d)(4) is a Class X felony for which the minimum
19 term of imprisonment shall be 10 years. A violation of
20 paragraph (c) involving an item of contraband listed in
21 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
22 Class X felony for which the minimum term of imprisonment
23 shall be 12 years.
24 (g) Items confiscated may be retained for use by the
25 Department of Corrections or disposed of as deemed
26 appropriate by the Chief Administrative Officer in accordance
27 with Department rules or disposed of as required by law.
28 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97;
29 revised 3-31-97.)
30 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
31 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
32 used with the knowledge and consent of the owner in the
33 commission of, or in the attempt to commit as defined in
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1 Section 8-4 of this Code, an offense prohibited by (a)
2 Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
3 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
4 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a)
5 of Section 12-15 or paragraphs (a), (c) or (d) of Section
6 12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
7 Cigarette Tax Act if the vessel, vehicle or aircraft contains
8 more than 10 cartons of such cigarettes; (c) Section 28, 29
9 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
10 aircraft contains more than 10 cartons of such cigarettes;
11 (d) Section 44 of the Environmental Protection Act; or (e)
12 11-204.1 of the Illinois Vehicle Code; may be seized and
13 delivered forthwith to the sheriff of the county of seizure.
14 Within 15 days after such delivery the sheriff shall give
15 notice of seizure to each person according to the following
16 method: Upon each such person whose right, title or interest
17 is of record in the office of the Secretary of State, the
18 Secretary of Transportation, the Administrator of the Federal
19 Aviation Agency, or any other Department of this State, or
20 any other state of the United States if such vessel, vehicle
21 or aircraft is required to be so registered, as the case may
22 be, by mailing a copy of the notice by certified mail to the
23 address as given upon the records of the Secretary of State,
24 the Department of Aeronautics, Department of Public Works and
25 Buildings or any other Department of this State or the United
26 States if such vessel, vehicle or aircraft is required to be
27 so registered. Within that 15 day period the sheriff shall
28 also notify the State's Attorney of the county of seizure
29 about the seizure.
30 In addition, any mobile or portable equipment used in the
31 commission of an act which is in violation of Section 7g of
32 the Metropolitan Water Reclamation District Act shall be
33 subject to seizure and forfeiture under the same procedures
34 provided in this Article for the seizure and forfeiture of
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1 vessels, vehicles and aircraft, and any such equipment shall
2 be deemed a vessel, vehicle or aircraft for purposes of this
3 Article.
4 When a person discharges a firearm at another individual
5 from a vehicle with the knowledge and consent of the owner of
6 the vehicle and with the intent to cause death or great
7 bodily harm to that individual and as a result causes death
8 or great bodily harm to that individual, the vehicle shall be
9 subject to seizure and forfeiture under the same procedures
10 provided in this Article for the seizure and forfeiture of
11 vehicles used in violations of clauses (a), (b), (c), or (d)
12 of this Section.
13 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
14 revised 10-15-97.)
15 (720 ILCS 5/47-15)
16 Sec. 47-15. Dumping garbage upon real property.
17 (a) It is unlawful for a person to dump, deposit, or
18 place garbage, rubbish rubbage, trash, or refuse upon real
19 property not owned by that person without the consent of the
20 owner or person in possession of the real property.
21 (b) A person who violates this Section is liable to the
22 owner or person in possession of the real property on which
23 the garbage, rubbish rubbage, trash, or refuse is dumped,
24 deposited, or placed for the reasonable costs incurred by the
25 owner or person in possession for cleaning up and properly
26 disposing of the garbage, rubbish rubbage, trash, or refuse,
27 and for reasonable attorneys' fees.
28 (c) A person violating this Section is guilty of a Class
29 B misdemeanor. A second conviction for an offense committed
30 after the first conviction is a Class A misdemeanor. A third
31 or subsequent violation, committed after a second conviction,
32 is a Class 4 felony. Personal property used by a person in
33 violation of this Section shall on the third or subsequent
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1 conviction of the person be forfeited to the county where the
2 violation occurred and disposed of at a public sale. Before
3 the forfeiture, the court shall conduct a hearing to
4 determine whether property is subject to forfeiture under
5 this Section. At the forfeiture hearing the State has the
6 burden of establishing by a preponderance of the evidence
7 that property is subject to forfeiture under this Section.
8 (Source: P.A. 89-234, eff. 1-1-96; revised 7-7-97.)
9 Section 161. The Wild Plant Conservation Act is amended
10 by changing Section 1 as follows:
11 (720 ILCS 400/1) (from Ch. 5, par. 231)
12 Sec. 1. Any person, firm or corporation who knowingly
13 buys, sells, offers or exposes for sale any blood root
14 (Sanguinaria canadensis), lady slipper (Cyprepedium
15 parviflorum and Cyprepedium hirsutum), columbine (Aquilegia
16 canadensis), trillium trillum (Trillium grandiflorum and
17 Trillium Trillum sessile), lotus (Nelumbo lutes), or gentian
18 (Gentiana crinta and Gentiana andrewsii), or any part
19 thereof, dug, pulled up or gathered from any public or
20 private land, unless in the case of private land the owner or
21 person lawfully occupying such land gives his consent in
22 writing thereto, is guilty of a petty offense.
23 (Source: P.A. 77-2494; revised 7-7-97.)
24 Section 162. The Illinois Controlled Substances Act is
25 amended by changing Section 402 as follows:
26 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
27 Sec. 402. Except as otherwise authorized by this Act, it
28 is unlawful for any person knowingly to possess a controlled
29 or counterfeit substance. A violation of this Act with
30 respect to each of the controlled substances listed herein
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1 constitutes a single and separate violation of this Act.
2 (a) Any person who violates this Section with respect to
3 the following controlled or counterfeit substances and
4 amounts, notwithstanding any of the provisions of subsection
5 (c) and (d) to the contrary, is guilty of a Class 1 felony
6 and shall, if sentenced to a term of imprisonment, be
7 sentenced as provided in this subsection (a) and fined as
8 provided in subsection (b):
9 (1) (A) not less than 4 years and not more than 15
10 years with respect to 15 grams or more but less than
11 100 grams of a substance containing heroin;
12 (B) not less than 6 years and not more than 30
13 years with respect to 100 grams or more but less
14 than 400 grams of a substance containing heroin;
15 (C) not less than 8 years and not more than 40
16 years with respect to 400 grams or more but less
17 than 900 grams of any substance containing heroin;
18 (D) not less than 10 years and not more than
19 50 years with respect to 900 grams or more of any
20 substance containing heroin;
21 (2) (A) not less than 4 years and not more than 15
22 years with respect to 15 grams or more but less than
23 100 grams of any substance containing cocaine;
24 (B) not less than 6 years and not more than 30
25 years with respect to 100 grams or more but less
26 than 400 grams of any substance containing cocaine;
27 (C) not less than 8 years and not more than 40
28 years with respect to 400 grams or more but less
29 than 900 grams of any substance containing cocaine;
30 (D) not less than 10 years and not more than
31 50 years with respect to 900 grams or more of any
32 substance containing cocaine;
33 (3) (A) not less than 4 years and not more than 15
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1 years with respect to 15 grams or more but less than
2 100 grams of any substance containing morphine;
3 (B) not less than 6 years and not more than 30
4 years with respect to 100 grams or more but less
5 than 400 grams of any substance containing morphine;
6 (C) not less than 8 years and not more than 40
7 years with respect to 400 grams or more but less
8 than 900 grams of any substance containing morphine;
9 (D) not less than 10 years and not more than
10 50 years with respect to 900 grams or more of any
11 substance containing morphine;
12 (4) 200 grams or more of any substance containing
13 peyote;
14 (5) 200 grams or more of any substance containing a
15 derivative of barbituric acid or any of the salts of a
16 derivative of barbituric acid;
17 (6) 200 grams or more of any substance containing
18 amphetamine or methamphetamine or any salt of an optical
19 isomer of amphetamine or methamphetamine;
20 (7) (A) not less than 4 years and not more than 15
21 years with respect to: (i) 15 grams or more but less
22 than 100 grams of any substance containing lysergic
23 acid diethylamide (LSD), or an analog thereof, or
24 (ii) 15 or more objects or 15 or more segregated
25 parts of an object or objects but less than 200
26 objects or 200 segregated parts of an object or
27 objects containing in them or having upon them any
28 amount of any substance containing lysergic acid
29 diethylamide (LSD), or an analog thereof;
30 (B) not less than 6 years and not more than 30
31 years with respect to: (i) 100 grams or more but
32 less than 400 grams of any substance containing
33 lysergic acid diethylamide (LSD), or an analog
34 thereof, or (ii) 200 or more objects or 200 or more
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1 segregated parts of an object or objects but less
2 than 600 objects or less than 600 segregated parts
3 of an object or objects containing in them or having
4 upon them any amount of any substance containing
5 lysergic acid diethylamide (LSD), or an analog
6 thereof;
7 (C) not less than 8 years and not more than 40
8 years with respect to: (i) 400 grams or more but
9 less than 900 grams of any substance containing
10 lysergic acid diethylamide (LSD), or an analog
11 thereof, or (ii) 600 or more objects or 600 or more
12 segregated parts of an object or objects but less
13 than 1500 objects or 1500 segregated parts of an
14 object or objects containing in them or having upon
15 them any amount of any substance containing lysergic
16 acid diethylamide (LSD), or an analog thereof;
17 (D) not less than 10 years and not more than
18 50 years with respect to: (i) 900 grams or more of
19 any substance containing lysergic acid diethylamide
20 (LSD), or an analog thereof, or (ii) 1500 or more
21 objects or 1500 or more segregated parts of an
22 object or objects containing in them or having upon
23 them any amount of a substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof;
25 (8) 30 grams or more of any substance containing
26 pentazocine or any of the salts, isomers and salts of
27 isomers of pentazocine, or an analog thereof;
28 (9) 30 grams or more of any substance containing
29 methaqualone or any of the salts, isomers and salts of
30 isomers of methaqualone;
31 (10) 30 grams or more of any substance containing
32 phencyclidine or any of the salts, isomers and salts of
33 isomers of phencyclidine (PCP);
34 (10.5) 30 grams or more of any substance containing
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1 ketamine or any of the salts, isomers and salts of
2 isomers of ketamine;
3 (11) 200 grams or more of any substance containing
4 any substance classified as a narcotic drug in Schedules
5 I or II which is not otherwise included in this
6 subsection.
7 (b) Any person sentenced with respect to violations of
8 paragraph (1), (2), (3) or (7) of subsection (a) involving
9 100 grams or more of the controlled substance named therein,
10 may in addition to the penalties provided therein, be fined
11 an amount not to exceed $200,000 or the full street value of
12 the controlled or counterfeit substances, whichever is
13 greater. The term "street value" shall have the meaning
14 ascribed in Section 110-5 of the Code of Criminal Procedure
15 of 1963. Any person sentenced with respect to any other
16 provision of subsection (a), may in addition to the penalties
17 provided therein, be fined an amount not to exceed $200,000.
18 (c) Any person who violates this Section with regard to
19 an amount of a controlled or counterfeit substance not set
20 forth in subsection (a) or (d) is guilty of a Class 4 felony.
21 The fine for a violation punishable under this subsection (c)
22 shall not be more than $25,000.
23 (d) Any person who violates this Section with regard to
24 any amount of anabolic steroid is guilty of a Class C
25 misdemeanor for the first offense and a Class B misdemeanor
26 for a subsequent offense committed within 2 years of a prior
27 conviction.
28 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
29 90-384, eff. 1-1-98; revised 11-13-97.)
30 Section 163. The Unified Code of Corrections is amended
31 by changing Sections 3-6-3, 5-4-3, 5-6-3, 5-6-3.1, 5-7-1,
32 5-9-1, 5-9-1.4, and 5-9-1.10 as follows:
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1 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
2 Sec. 3-6-3. Rules and Regulations for Early Release.
3 (a)(1) The Department of Corrections shall prescribe
4 rules and regulations for the early release on account of
5 good conduct of persons committed to the Department which
6 shall be subject to review by the Prisoner Review Board.
7 (2) The rules and regulations on early release
8 shall provide, with respect to offenses committed on or
9 after the effective date of this amendatory Act of 1995,
10 the following:
11 (i) that a prisoner who is serving a term of
12 imprisonment for first degree murder shall receive
13 no good conduct credit and shall serve the entire
14 sentence imposed by the court;
15 (ii) that a prisoner serving a sentence for
16 attempt to commit first degree murder, solicitation
17 of murder, solicitation of murder for hire,
18 intentional homicide of an unborn child, predatory
19 criminal sexual assault of a child, aggravated
20 criminal sexual assault, criminal sexual assault,
21 aggravated kidnapping, aggravated battery with a
22 firearm, heinous battery, aggravated battery of a
23 senior citizen, or aggravated battery of a child
24 shall receive no more than 4.5 days of good conduct
25 credit for each month of his or her sentence of
26 imprisonment; and
27 (iii) that a prisoner serving a sentence for
28 home invasion, armed robbery, aggravated vehicular
29 hijacking, aggravated discharge of a firearm, or
30 armed violence with a category I weapon or category
31 II weapon, when the court has made and entered a
32 finding, pursuant to subsection (c-1) of Section
33 5-4-1 of this Code, that the conduct leading to
34 conviction for the enumerated offense resulted in
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1 great bodily harm to a victim, shall receive no more
2 than 4.5 days of good conduct credit for each month
3 of his or her sentence of imprisonment.
4 (2.1) For all offenses, other than those enumerated
5 in subdivision (a)(2) committed on or after the effective
6 date of this amendatory Act of 1995, the rules and
7 regulations shall provide that a prisoner who is serving
8 a term of imprisonment shall receive one day of good
9 conduct credit for each day of his or her sentence of
10 imprisonment or recommitment under Section 3-3-9. Each
11 day of good conduct credit shall reduce by one day the
12 prisoner's period of imprisonment or recommitment under
13 Section 3-3-9.
14 (2.2) A prisoner serving a term of natural life
15 imprisonment or a prisoner who has been sentenced to
16 death shall receive no good conduct credit.
17 (3) The rules and regulations shall also provide
18 that the Director may award up to 180 days additional
19 good conduct credit for meritorious service in specific
20 instances as the Director deems proper; except that no
21 more than 90 days of good conduct credit for meritorious
22 service shall be awarded to any prisoner who is serving a
23 sentence for conviction of first degree murder, reckless
24 homicide while under the influence of alcohol or any
25 other drug, aggravated kidnapping, kidnapping, predatory
26 criminal sexual assault of a child, aggravated criminal
27 sexual assault, criminal sexual assault, deviate sexual
28 assault, aggravated criminal sexual abuse, aggravated
29 indecent liberties with a child, indecent liberties with
30 a child, child pornography, heinous battery, aggravated
31 battery of a spouse, aggravated battery of a spouse with
32 a firearm, stalking, aggravated stalking, aggravated
33 battery of a child, endangering the life or health of a
34 child, cruelty to a child, or narcotic racketeering.
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1 Notwithstanding the foregoing, good conduct credit for
2 meritorious service shall not be awarded on a sentence of
3 imprisonment imposed for conviction of one of the
4 offenses enumerated in subdivision (a)(2) when the
5 offense is committed on or after the effective date of
6 this amendatory Act of 1995.
7 (4) The rules and regulations shall also provide
8 that the good conduct credit accumulated and retained
9 under paragraph (2.1) of subsection (a) of this Section
10 by any inmate during specific periods of time in which
11 such inmate is engaged full-time in substance abuse
12 programs, correctional industry assignments, or
13 educational programs provided by the Department under
14 this paragraph (4) and satisfactorily completes the
15 assigned program as determined by the standards of the
16 Department, shall be multiplied by a factor of 1.25 for
17 program participation before the effective date of this
18 amendatory Act of 1993 and 1.50 for program participation
19 on or after that date. However, no inmate shall be
20 eligible for the additional good conduct credit under
21 this paragraph (4) while assigned to a boot camp, mental
22 health unit, or electronic detention, or if convicted of
23 an offense enumerated in paragraph (a)(2) of this Section
24 that is committed on or after the effective date of this
25 amendatory Act of 1995, or first degree murder, a Class X
26 felony, criminal sexual assault, felony criminal sexual
27 abuse, aggravated criminal sexual abuse, aggravated
28 battery with a firearm, or any predecessor or successor
29 offenses with the same or substantially the same
30 elements, or any inchoate offenses relating to the
31 foregoing offenses. No inmate shall be eligible for the
32 additional good conduct credit under this paragraph (4)
33 who (i) has previously received increased good conduct
34 credit under this paragraph (4) and has subsequently been
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1 convicted of a felony, or (ii) has previously served more
2 than one prior sentence of imprisonment for a felony in
3 an adult correctional facility.
4 Educational, vocational, substance abuse and
5 correctional industry programs under which good conduct
6 credit may be increased under this paragraph (4) shall be
7 evaluated by the Department on the basis of documented
8 standards. The Department shall report the results of
9 these evaluations to the Governor and the General
10 Assembly by September 30th of each year. The reports
11 shall include data relating to the recidivism rate among
12 program participants.
13 Availability of these programs shall be subject to
14 the limits of fiscal resources appropriated by the
15 General Assembly for these purposes. Eligible inmates
16 who are denied immediate admission shall be placed on a
17 waiting list under criteria established by the
18 Department. The inability of any inmate to become engaged
19 in any such programs by reason of insufficient program
20 resources or for any other reason established under the
21 rules and regulations of the Department shall not be
22 deemed a cause of action under which the Department or
23 any employee or agent of the Department shall be liable
24 for damages to the inmate.
25 (5) Whenever the Department is to release any
26 inmate earlier than it otherwise would because of a grant
27 of good conduct credit for meritorious service given at
28 any time during the term, the Department shall give
29 reasonable advance notice of the impending release to the
30 State's Attorney of the county where the prosecution of
31 the inmate took place.
32 (b) Whenever a person is or has been committed under
33 several convictions, with separate sentences, the sentences
34 shall be construed under Section 5-8-4 in granting and
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1 forfeiting of good time.
2 (c) The Department shall prescribe rules and regulations
3 for revoking good conduct credit, or suspending or reducing
4 the rate of accumulation of good conduct credit for specific
5 rule violations, during imprisonment. These rules and
6 regulations shall provide that no inmate may be penalized
7 more than one year of good conduct credit for any one
8 infraction.
9 When the Department seeks to revoke, suspend or reduce
10 the rate of accumulation of any good conduct credits for an
11 alleged infraction of its rules, it shall bring charges
12 therefor against the prisoner sought to be so deprived of
13 good conduct credits before the Prisoner Review Board as
14 provided in subparagraph (a)(4) of Section 3-3-2 of this
15 Code, if the amount of credit at issue exceeds 30 days or
16 when during any 12 month period, the cumulative amount of
17 credit revoked exceeds 30 days except where the infraction is
18 committed or discovered within 60 days of scheduled release.
19 In those cases, the Department of Corrections may revoke up
20 to 30 days of good conduct credit. The Board may subsequently
21 approve the revocation of additional good conduct credit, if
22 the Department seeks to revoke good conduct credit in excess
23 of 30 days. However, the Board shall not be empowered to
24 review the Department's decision with respect to the loss of
25 30 days of good conduct credit within any calendar year for
26 any prisoner or to increase any penalty beyond the length
27 requested by the Department.
28 The Director of the Department of Corrections, in
29 appropriate cases, may restore up to 30 days good conduct
30 credits which have been revoked, suspended or reduced. Any
31 restoration of good conduct credits in excess of 30 days
32 shall be subject to review by the Prisoner Review Board.
33 However, the Board may not restore good conduct credit in
34 excess of the amount requested by the Director.
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1 Nothing contained in this Section shall prohibit the
2 Prisoner Review Board from ordering, pursuant to Section
3 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
4 the sentence imposed by the court that was not served due to
5 the accumulation of good conduct credit.
6 (d) If a lawsuit is filed by a prisoner in an Illinois
7 or federal court against the State, the Department of
8 Corrections, or the Prisoner Review Board, or against any of
9 their officers or employees, and the court makes a specific
10 finding that a pleading, motion, or other paper filed by the
11 prisoner is frivolous, the Department of Corrections shall
12 conduct a hearing to revoke up to 180 days of good conduct
13 credit by bringing charges against the prisoner sought to be
14 deprived of the good conduct credits before the Prisoner
15 Review Board as provided in subparagraph (a)(8) of Section
16 3-3-2 of this Code. If the prisoner has not accumulated 180
17 days of good conduct credit at the time of the finding, then
18 the Prisoner Review Board may revoke all good conduct credit
19 accumulated by the prisoner.
20 For purposes of this subsection (d):
21 (1) "Frivolous" means that a pleading, motion, or
22 other filing which purports to be a legal document filed
23 by a prisoner in his or her lawsuit meets any or all of
24 the following criteria:
25 (A) it lacks an arguable basis either in law
26 or in fact;
27 (B) it is being presented for any improper
28 purpose, such as to harass or to cause unnecessary
29 delay or needless increase in the cost of
30 litigation;
31 (C) the claims, defenses, and other legal
32 contentions therein are not warranted by existing
33 law or by a nonfrivolous argument for the extension,
34 modification, or reversal of existing law or the
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1 establishment of new law;
2 (D) the allegations and other factual
3 contentions do not have evidentiary support or, if
4 specifically so identified, are not likely to have
5 evidentiary support after a reasonable opportunity
6 for further investigation or discovery; or
7 (E) the denials of factual contentions are not
8 warranted on the evidence, or if specifically so
9 identified, are not reasonably based on a lack of
10 information or belief.
11 (2) "Lawsuit" means a petition for post conviction
12 relief under Article 122 of the Code of Criminal
13 Procedure of 1963, a motion pursuant to Section 116-3 of
14 the Code of Criminal Procedure of 1963, a habeas corpus
15 action under Article X of the Code of Civil Procedure or
16 under federal law (28 U.S.C. 2254), a petition for claim
17 under the Court of Claims Act or an action under the
18 federal Civil Rights Act (42 U.S.C. 1983).
19 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
20 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
21 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
22 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
23 Sec. 5-4-3. Persons convicted of, or found delinquent
24 for, sexual offenses or institutionalized as sexually
25 dangerous; blood specimens; genetic marker groups.
26 (a) Any person convicted of, found delinquent for, or
27 who received a disposition of court supervision for, a sexual
28 offense or attempt of a sexual offense or institutionalized
29 as a sexually dangerous person under the Sexually Dangerous
30 Persons Act shall, regardless of the sentence or disposition
31 imposed, be required to submit specimens of blood to the
32 Illinois Department of State Police in accordance with the
33 provisions of this Section, provided such person is:
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1 (1) convicted of a sexual offense or attempt of a
2 sexual offense on or after the effective date of this
3 amendatory Act of 1989, and sentenced to a term of
4 imprisonment, periodic imprisonment, fine, probation,
5 conditional discharge or any other form of sentence, or
6 given a disposition of court supervision for the offense,
7 or
8 (1.5) found delinquent under the Juvenile Court Act
9 of 1987 for a sexual offense or attempt of a sexual
10 offense on or after the effective date of this amendatory
11 Act of 1996, or
12 (2) ordered institutionalized as a sexually
13 dangerous person on or after the effective date of this
14 amendatory Act of 1989, or
15 (3) convicted of a sexual offense or attempt of a
16 sexual offense before the effective date of this
17 amendatory Act of 1989 and is presently confined as a
18 result of such conviction in any State correctional
19 facility or county jail or is presently serving a
20 sentence of probation, conditional discharge or periodic
21 imprisonment as a result of such conviction, or
22 (4) presently institutionalized as a sexually
23 dangerous person or presently institutionalized as a
24 person found guilty but mentally ill of a sexual offense
25 or attempt to commit a sexual offense; or
26 (5) seeking transfer to or residency in Illinois
27 under Sections 3-3-11 through 3-3-11.5 of the Unified
28 Code of Corrections (Interstate Compact for the
29 Supervision of Parolees and Probationers) or the
30 Interstate Agreements on Sexually Dangerous Persons Act.
31 (b) Any person required by paragraphs (a)(1), (a)(1.5),
32 and (a)(2) to provide specimens of blood shall be ordered by
33 the court to have specimens of blood collected within 45 days
34 after sentencing or disposition at a collection site
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1 designated by the Illinois Department of State Police.
2 (c) Any person required by paragraphs (a)(3) and (a)(4)
3 to provide specimens of blood shall be required to provide
4 such samples prior to final discharge, parole, or release at
5 a collection site designated by the Illinois Department of
6 State Police.
7 (c-5) Any person required by paragraph (a)(5) to provide
8 specimens of blood shall, where feasible, be required to
9 provide the specimens before being accepted for conditioned
10 residency in Illinois under the interstate compact or
11 agreement, but no later than 45 days after arrival in this
12 State.
13 (d) The Illinois Department of State Police shall
14 provide all equipment and instructions necessary for the
15 collection of blood samples. The collection of samples shall
16 be performed in a medically approved manner. Only a
17 physician authorized to practice medicine, a registered nurse
18 or other qualified person approved by the Illinois Department
19 of Public Health may withdraw blood for the purposes of this
20 Act. The samples shall thereafter be forwarded to the
21 Illinois Department of State Police, Division of Forensic
22 Services, for analysis and categorizing into genetic marker
23 groupings.
24 (e) The genetic marker groupings shall be maintained by
25 the Illinois Department of State Police, Division of Forensic
26 Services.
27 (f) The genetic marker grouping analysis information
28 obtained pursuant to this Act shall be confidential and shall
29 be released only to peace officers of the United States, of
30 other states or territories, of the insular possessions of
31 the United States, of foreign countries duly authorized to
32 receive the same, to all peace officers of the State of
33 Illinois and to all prosecutorial agencies. Notwithstanding
34 any other statutory provision to the contrary, all
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1 information obtained under this Section shall be maintained
2 in a single data base and may not be subject to expungement.
3 (g) For the purposes of this Section, "sexual offense"
4 means any of the following:
5 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
6 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
7 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
8 Criminal Code of 1961, or
9 (2) Any former statute of this State which defined
10 a felony sexual offense, or
11 (3) Any violation of paragraph (10) of subsection
12 (b) of Section 10-5 of the Criminal Code of 1961 when the
13 sentencing court, upon a motion by the State's Attorney
14 or Attorney General, makes a finding that the child
15 luring involved an intent to commit sexual penetration or
16 sexual conduct as defined in Section 12-12 of the
17 Criminal Code of 1961.
18 (h) The Illinois Department of State Police shall be the
19 State central repository for all genetic marker grouping
20 analysis information obtained pursuant to this Act. The
21 Illinois Department of State Police may promulgate rules for
22 the form and manner of the collection of blood samples and
23 other procedures for the operation of this Act. The
24 provisions of the Administrative Review Law shall apply to
25 all actions taken under the rules so promulgated.
26 (i) A person ordered by the court to provide a blood
27 specimen shall cooperate with the collection of the specimen
28 and any deliberate act by that person intended to impede,
29 delay or stop the collection of the blood specimen shall be
30 punishable as contempt of court.
31 (j) Any person required by subsection (a) to submit
32 specimens of blood to the Illinois Department of State Police
33 for analysis and categorization into genetic marker grouping,
34 in addition to any other disposition, penalty, or fine
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1 imposed, shall pay an analysis fee of $500. Upon verified
2 petition of the person, the court may suspend payment of all
3 or part of the fee if it finds that the person does not have
4 the ability to pay the fee.
5 (k) All analysis and categorization fees provided for by
6 subsection (j) shall be regulated as follows:
7 (1) The State Offender DNA Identification System
8 Fund is hereby created as a special fund in the State
9 Treasury.
10 (2) All fees shall be collected by the clerk of the
11 court and forwarded to the State Offender DNA
12 Identification System Fund for deposit. The clerk of the
13 circuit court may retain the amount of $10 from each
14 collected analysis fee to offset administrative costs
15 incurred in carrying out the clerk's responsibilities
16 under this Section.
17 (3) Fees deposited into the State Offender DNA
18 Identification System Fund shall be used by Illinois
19 State Police crime laboratories as designated by the
20 Director of State Police. These funds shall be in
21 addition to any allocations made pursuant to existing
22 laws and shall be designated for the exclusive use of
23 State crime laboratories. These uses may include, but
24 are not limited to, the following:
25 (A) Costs incurred in providing analysis and
26 genetic marker categorization as required by
27 subsection (d).
28 (B) Costs incurred in maintaining genetic
29 marker groupings as required by subsection (e).
30 (C) Costs incurred in the purchase and
31 maintenance of equipment for use in performing
32 analyses.
33 (D) Costs incurred in continuing research and
34 development of new techniques for analysis and
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1 genetic marker categorization.
2 (E) Costs incurred in continuing education,
3 training, and professional development of forensic
4 scientists regularly employed by these laboratories.
5 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
6 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
7 1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)
8 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
9 Sec. 5-6-3. Conditions of Probation and of Conditional
10 Discharge.
11 (a) The conditions of probation and of conditional
12 discharge shall be that the person:
13 (1) not violate any criminal statute of any
14 jurisdiction;
15 (2) report to or appear in person before such
16 person or agency as directed by the court;
17 (3) refrain from possessing a firearm or other
18 dangerous weapon;
19 (4) not leave the State without the consent of the
20 court or, in circumstances in which the reason for the
21 absence is of such an emergency nature that prior consent
22 by the court is not possible, without the prior
23 notification and approval of the person's probation
24 officer;
25 (5) permit the probation officer to visit him at
26 his home or elsewhere to the extent necessary to
27 discharge his duties;
28 (6) perform no less than 30 hours of community
29 service and not more than 120 hours of community service,
30 if community service is available in the jurisdiction and
31 is funded and approved by the county board where the
32 offense was committed, where the offense was related to
33 or in furtherance of the criminal activities of an
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1 organized gang and was motivated by the offender's
2 membership in or allegiance to an organized gang. The
3 community service shall include, but not be limited to,
4 the cleanup and repair of any damage caused by a
5 violation of Section 21-1.3 of the Criminal Code of 1961
6 and similar damage to property located within the
7 municipality or county in which the violation occurred.
8 When possible and reasonable, the community service
9 should be performed in the offender's neighborhood. For
10 purposes of this Section, "organized gang" has the
11 meaning ascribed to it in Section 10 of the Illinois
12 Streetgang Terrorism Omnibus Prevention Act;
13 (7) if he or she is at least 17 years of age and
14 has been sentenced to probation or conditional discharge
15 for a misdemeanor or felony in a county of 3,000,000 or
16 more inhabitants and has not been previously convicted of
17 a misdemeanor or felony, may be required by the
18 sentencing court to attend educational courses designed
19 to prepare the defendant for a high school diploma and to
20 work toward a high school diploma or to work toward
21 passing the high school level Test of General Educational
22 Development (GED) or to work toward completing a
23 vocational training program approved by the court. The
24 person on probation or conditional discharge must attend
25 a public institution of education to obtain the
26 educational or vocational training required by this
27 clause (7). The court shall revoke the probation or
28 conditional discharge of a person who wilfully fails to
29 comply with this clause (7). The person on probation or
30 conditional discharge shall be required to pay for the
31 cost of the educational courses or GED test, if a fee is
32 charged for those courses or test. The court shall
33 resentence the offender whose probation or conditional
34 discharge has been revoked as provided in Section 5-6-4.
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1 This clause (7) does not apply to a person who has a high
2 school diploma or has successfully passed the GED test.
3 This clause (7) does not apply to a person who is
4 determined by the court to be developmentally disabled or
5 otherwise mentally incapable of completing the
6 educational or vocational program; and
7 (8) (7) if convicted of possession of a substance
8 prohibited by the Cannabis Control Act or Illinois
9 Controlled Substances Act after a previous conviction or
10 disposition of supervision for possession of a substance
11 prohibited by the Cannabis Control Act or Illinois
12 Controlled Substances Act or after a sentence of
13 probation under Section 10 of the Cannabis Control Act or
14 Section 410 of the Illinois Controlled Substances Act and
15 upon a finding by the court that the person is addicted,
16 undergo treatment at a substance abuse program approved
17 by the court.
18 (b) The Court may in addition to other reasonable
19 conditions relating to the nature of the offense or the
20 rehabilitation of the defendant as determined for each
21 defendant in the proper discretion of the Court require that
22 the person:
23 (1) serve a term of periodic imprisonment under
24 Article 7 for a period not to exceed that specified in
25 paragraph (d) of Section 5-7-1;
26 (2) pay a fine and costs;
27 (3) work or pursue a course of study or vocational
28 training;
29 (4) undergo medical, psychological or psychiatric
30 treatment; or treatment for drug addiction or alcoholism;
31 (5) attend or reside in a facility established for
32 the instruction or residence of defendants on probation;
33 (6) support his dependents;
34 (7) and in addition, if a minor:
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1 (i) reside with his parents or in a foster
2 home;
3 (ii) attend school;
4 (iii) attend a non-residential program for
5 youth;
6 (iv) contribute to his own support at home or
7 in a foster home;
8 (8) make restitution as provided in Section 5-5-6
9 of this Code;
10 (9) perform some reasonable public or community
11 service;
12 (10) serve a term of home confinement. In addition
13 to any other applicable condition of probation or
14 conditional discharge, the conditions of home confinement
15 shall be that the offender:
16 (i) remain within the interior premises of the
17 place designated for his confinement during the
18 hours designated by the court;
19 (ii) admit any person or agent designated by
20 the court into the offender's place of confinement
21 at any time for purposes of verifying the offender's
22 compliance with the conditions of his confinement;
23 and
24 (iii) if further deemed necessary by the court
25 or the Probation or Court Services Department, be
26 placed on an approved electronic monitoring device,
27 subject to Article 8A of Chapter V;
28 (iv) for persons convicted of any alcohol,
29 cannabis or controlled substance violation who are
30 placed on an approved monitoring device as a
31 condition of probation or conditional discharge, the
32 court shall impose a reasonable fee for each day of
33 the use of the device, as established by the county
34 board in subsection (g) of this Section, unless
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1 after determining the inability of the offender to
2 pay the fee, the court assesses a lesser fee or no
3 fee as the case may be. This fee shall be imposed in
4 addition to the fees imposed under subsections (g)
5 and (i) of this Section. The fee shall be collected
6 by the clerk of the circuit court. The clerk of the
7 circuit court shall pay all monies collected from
8 this fee to the county treasurer for deposit in the
9 substance abuse services fund under Section 5-1086.1
10 of the Counties Code; and
11 (v) for persons convicted of offenses other
12 than those referenced in clause (iv) above and who
13 are placed on an approved monitoring device as a
14 condition of probation or conditional discharge, the
15 court shall impose a reasonable fee for each day of
16 the use of the device, as established by the county
17 board in subsection (g) of this Section, unless
18 after determining the inability of the defendant to
19 pay the fee, the court assesses a lesser fee or no
20 fee as the case may be. This fee shall be imposed
21 in addition to the fees imposed under subsections
22 (g) and (i) of this Section 5-6-3. The fee shall be
23 collected by the clerk of the circuit court. The
24 clerk of the circuit court shall pay all monies
25 collected from this fee to the county treasurer who
26 shall use the monies collected to defray the costs
27 of corrections. The county treasurer shall deposit
28 the fee collected in the county working cash fund
29 under Section 6-27001 or Section 6-29002 of the
30 Counties Code, as the case may be.
31 (11) comply with the terms and conditions of an
32 order of protection issued by the court pursuant to the
33 Illinois Domestic Violence Act of 1986, as now or
34 hereafter amended. A copy of the order of protection
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1 shall be transmitted to the probation officer or agency
2 having responsibility for the case;
3 (12) reimburse any "local anti-crime program" as
4 defined in Section 7 of the Anti-Crime Advisory Council
5 Act for any reasonable expenses incurred by the program
6 on the offender's case, not to exceed the maximum amount
7 of the fine authorized for the offense for which the
8 defendant was sentenced;
9 (13) contribute a reasonable sum of money, not to
10 exceed the maximum amount of the fine authorized for the
11 offense for which the defendant was sentenced, to a
12 "local anti-crime program", as defined in Section 7 of
13 the Anti-Crime Advisory Council Act;
14 (14) refrain from entering into a designated
15 geographic area except upon such terms as the court finds
16 appropriate. Such terms may include consideration of the
17 purpose of the entry, the time of day, other persons
18 accompanying the defendant, and advance approval by a
19 probation officer, if the defendant has been placed on
20 probation or advance approval by the court, if the
21 defendant was placed on conditional discharge;
22 (15) refrain from having any contact, directly or
23 indirectly, with certain specified persons or particular
24 types of persons, including but not limited to members of
25 street gangs and drug users or dealers;
26 (16) refrain from having in his or her body the
27 presence of any illicit drug prohibited by the Cannabis
28 Control Act or the Illinois Controlled Substances Act,
29 unless prescribed by a physician, and submit samples of
30 his or her blood or urine or both for tests to determine
31 the presence of any illicit drug.
32 (c) The court may as a condition of probation or of
33 conditional discharge require that a person under 18 years of
34 age found guilty of any alcohol, cannabis or controlled
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1 substance violation, refrain from acquiring a driver's
2 license during the period of probation or conditional
3 discharge. If such person is in possession of a permit or
4 license, the court may require that the minor refrain from
5 driving or operating any motor vehicle during the period of
6 probation or conditional discharge, except as may be
7 necessary in the course of the minor's lawful employment.
8 (d) An offender sentenced to probation or to conditional
9 discharge shall be given a certificate setting forth the
10 conditions thereof.
11 (e) The court shall not require as a condition of the
12 sentence of probation or conditional discharge that the
13 offender be committed to a period of imprisonment in excess
14 of 6 months. This 6 month limit shall not include periods of
15 confinement given pursuant to a sentence of county impact
16 incarceration under Section 5-8-1.2.
17 Persons committed to imprisonment as a condition of
18 probation or conditional discharge shall not be committed to
19 the Department of Corrections.
20 (f) The court may combine a sentence of periodic
21 imprisonment under Article 7 or a sentence to a county impact
22 incarceration program under Article 8 with a sentence of
23 probation or conditional discharge.
24 (g) An offender sentenced to probation or to conditional
25 discharge and who during the term of either undergoes
26 mandatory drug or alcohol testing, or both, or is assigned to
27 be placed on an approved electronic monitoring device, shall
28 be ordered to pay all costs incidental to such mandatory drug
29 or alcohol testing, or both, and all costs incidental to such
30 approved electronic monitoring in accordance with the
31 defendant's ability to pay those costs. The county board
32 with the concurrence of the Chief Judge of the judicial
33 circuit in which the county is located shall establish
34 reasonable fees for the cost of maintenance, testing, and
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1 incidental expenses related to the mandatory drug or alcohol
2 testing, or both, and all costs incidental to approved
3 electronic monitoring, involved in a successful probation
4 program for the county. The concurrence of the Chief Judge
5 shall be in the form of an administrative order. The fees
6 shall be collected by the clerk of the circuit court. The
7 clerk of the circuit court shall pay all moneys collected
8 from these fees to the county treasurer who shall use the
9 moneys collected to defray the costs of drug testing, alcohol
10 testing, and electronic monitoring. The county treasurer
11 shall deposit the fees collected in the county working cash
12 fund under Section 6-27001 or Section 6-29002 of the Counties
13 Code, as the case may be.
14 (h) Jurisdiction over an offender may be transferred
15 from the sentencing court to the court of another circuit
16 with the concurrence of both courts. Further transfers or
17 retransfers of jurisdiction are also authorized in the same
18 manner. The court to which jurisdiction has been transferred
19 shall have the same powers as the sentencing court.
20 (i) The court shall impose upon an offender sentenced to
21 probation after January 1, 1989 or to conditional discharge
22 after January 1, 1992, as a condition of such probation or
23 conditional discharge, a fee of $25 for each month of
24 probation or conditional discharge supervision ordered by the
25 court, unless after determining the inability of the person
26 sentenced to probation or conditional discharge to pay the
27 fee, the court assesses a lesser fee. The court may not
28 impose the fee on a minor who is made a ward of the State
29 under the Juvenile Court Act of 1987 while the minor is in
30 placement. The fee shall be imposed only upon an offender who
31 is actively supervised by the probation and court services
32 department. The fee shall be collected by the clerk of the
33 circuit court. The clerk of the circuit court shall pay all
34 monies collected from this fee to the county treasurer for
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1 deposit in the probation and court services fund under
2 Section 15.1 of the Probation and Probation Officers Act.
3 (j) All fines and costs imposed under this Section for
4 any violation of Chapters 3, 4, 6, and 11 of the Illinois
5 Vehicle Code, or a similar provision of a local ordinance,
6 and any violation of the Child Passenger Protection Act, or a
7 similar provision of a local ordinance, shall be collected
8 and disbursed by the circuit clerk as provided under Section
9 27.5 of the Clerks of Courts Act.
10 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
11 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
12 90-504, eff. 1-1-98; revised 10-30-97.)
13 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
14 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
15 (a) When a defendant is placed on supervision, the court
16 shall enter an order for supervision specifying the period of
17 such supervision, and shall defer further proceedings in the
18 case until the conclusion of the period.
19 (b) The period of supervision shall be reasonable under
20 all of the circumstances of the case, but may not be longer
21 than 2 years, unless the defendant has failed to pay the
22 assessment required by Section 10.3 of the Cannabis Control
23 Act or Section 411.2 of the Illinois Controlled Substances
24 Act, in which case the court may extend supervision beyond 2
25 years. Additionally, the court shall order the defendant to
26 perform no less than 30 hours of community service and not
27 more than 120 hours of community service, if community
28 service is available in the jurisdiction and is funded and
29 approved by the county board where the offense was committed,
30 when the offense (1) was related to or in furtherance of the
31 criminal activities of an organized gang or was motivated by
32 the defendant's membership in or allegiance to an organized
33 gang; or (2) is a violation of any Section of Article 24 of
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1 the Criminal Code of 1961 where a disposition of supervision
2 is not prohibited by Section 5-6-1 of this Code. The
3 community service shall include, but not be limited to, the
4 cleanup and repair of any damage caused by violation of
5 Section 21-1.3 of the Criminal Code of 1961 and similar
6 damages to property located within the municipality or county
7 in which the violation occurred. Where possible and
8 reasonable, the community service should be performed in the
9 offender's neighborhood.
10 For the purposes of this Section, "organized gang" has
11 the meaning ascribed to it in Section 10 of the Illinois
12 Streetgang Terrorism Omnibus Prevention Act.
13 (c) 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) make a report to and appear in person before or
19 participate with the court or such courts, person, or
20 social service agency as directed by the court in the
21 order of supervision;
22 (2) pay a fine and costs;
23 (3) work or pursue a course of study or vocational
24 training;
25 (4) undergo medical, psychological or psychiatric
26 treatment; or treatment for drug addiction or alcoholism;
27 (5) attend or reside in a facility established for
28 the instruction or residence of defendants on probation;
29 (6) support his dependents;
30 (7) refrain from possessing a firearm or other
31 dangerous weapon;
32 (8) and in addition, if a minor:
33 (i) reside with his parents or in a foster
34 home;
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1 (ii) attend school;
2 (iii) attend a non-residential program for
3 youth;
4 (iv) contribute to his own support at home or
5 in a foster home; and
6 (9) make restitution or reparation in an amount not
7 to exceed actual loss or damage to property and pecuniary
8 loss or make restitution under Section 5-5-6 to a
9 domestic violence shelter. The court shall determine the
10 amount and conditions of payment;
11 (10) perform some reasonable public or community
12 service;
13 (11) comply with the terms and conditions of an
14 order of protection issued by the court pursuant to the
15 Illinois Domestic Violence Act of 1986. If the court has
16 ordered the defendant to make a report and appear in
17 person under paragraph (1) of this subsection, a copy of
18 the order of protection shall be transmitted to the
19 person or agency so designated by the court;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council
22 Act for any reasonable expenses incurred by the program
23 on the offender's case, not to exceed the maximum amount
24 of the fine authorized for the offense for which the
25 defendant was sentenced;
26 (13) contribute a reasonable sum of money, not to
27 exceed the maximum amount of the fine authorized for the
28 offense for which the defendant was sentenced, to a
29 "local anti-crime program", as defined in Section 7 of
30 the Anti-Crime Advisory Council Act;
31 (14) refrain from entering into a designated
32 geographic area except upon such terms as the court finds
33 appropriate. Such terms may include consideration of the
34 purpose of the entry, the time of day, other persons
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1 accompanying the defendant, and advance approval by a
2 probation officer;
3 (15) refrain from having any contact, directly or
4 indirectly, with certain specified persons or particular
5 types of person, including but not limited to members of
6 street gangs and drug users or dealers;
7 (16) refrain from having in his or her body the
8 presence of any illicit drug prohibited by the Cannabis
9 Control Act or the Illinois Controlled Substances Act,
10 unless prescribed by a physician, and submit samples of
11 his or her blood or urine or both for tests to determine
12 the presence of any illicit drug.
13 (d) The court shall defer entering any judgment on the
14 charges until the conclusion of the supervision.
15 (e) At the conclusion of the period of supervision, if
16 the court determines that the defendant has successfully
17 complied with all of the conditions of supervision, the court
18 shall discharge the defendant and enter a judgment dismissing
19 the charges.
20 (f) Discharge and dismissal upon a successful conclusion
21 of a disposition of supervision shall be deemed without
22 adjudication of guilt and shall not be termed a conviction
23 for purposes of disqualification or disabilities imposed by
24 law upon conviction of a crime. Two years after the
25 discharge and dismissal under this Section, unless the
26 disposition of supervision was for a violation of Sections
27 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
28 Vehicle Code or a similar provision of a local ordinance, or
29 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
30 Code of 1961, in which case it shall be 5 years after
31 discharge and dismissal, a person may have his record of
32 arrest sealed or expunged as may be provided by law.
33 However, any defendant placed on supervision before January
34 1, 1980, may move for sealing or expungement of his arrest
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1 record, as provided by law, at any time after discharge and
2 dismissal under this Section. A person placed on supervision
3 for a sexual offense committed against a minor as defined in
4 subsection (g) of Section 5 of the Criminal Identification
5 Act or for a violation of Section 11-501 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance
7 shall not have his or her record of arrest sealed or
8 expunged.
9 (g) A defendant placed on supervision and who during the
10 period of supervision undergoes mandatory drug or alcohol
11 testing, or both, or is assigned to be placed on an approved
12 electronic monitoring device, shall be ordered to pay the
13 costs incidental to such mandatory drug or alcohol testing,
14 or both, and costs incidental to such approved electronic
15 monitoring in accordance with the defendant's ability to pay
16 those costs. The county board with the concurrence of the
17 Chief Judge of the judicial circuit in which the county is
18 located shall establish reasonable fees for the cost of
19 maintenance, testing, and incidental expenses related to the
20 mandatory drug or alcohol testing, or both, and all costs
21 incidental to approved electronic monitoring, of all
22 defendants placed on supervision. The concurrence of the
23 Chief Judge shall be in the form of an administrative order.
24 The fees shall be collected by the clerk of the circuit
25 court. The clerk of the circuit court shall pay all moneys
26 collected from these fees to the county treasurer who shall
27 use the moneys collected to defray the costs of drug testing,
28 alcohol testing, and electronic monitoring. The county
29 treasurer shall deposit the fees collected in the county
30 working cash fund under Section 6-27001 or Section 6-29002 of
31 the Counties Code, as the case may be.
32 (h) A disposition of supervision is a final order for
33 the purposes of appeal.
34 (i) The court shall impose upon a defendant placed on
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1 supervision after January 1, 1992, as a condition of
2 supervision, a fee of $25 for each month of supervision
3 ordered by the court, unless after determining the inability
4 of the person placed on supervision to pay the fee, the court
5 assesses a lesser fee. The court may not impose the fee on a
6 minor who is made a ward of the State under the Juvenile
7 Court Act of 1987 while the minor is in placement. The fee
8 shall be imposed only upon a defendant who is actively
9 supervised by the probation and court services department.
10 The fee shall be collected by the clerk of the circuit court.
11 The clerk of the circuit court shall pay all monies collected
12 from this fee to the county treasurer for deposit in the
13 probation and court services fund pursuant to Section 15.1 of
14 the Probation and Probation Officers Act.
15 (j) All fines and costs imposed under this Section for
16 any violation of Chapters 3, 4, 6, and 11 of the Illinois
17 Vehicle Code, or a similar provision of a local ordinance,
18 and any violation of the Child Passenger Protection Act, or a
19 similar provision of a local ordinance, shall be collected
20 and disbursed by the circuit clerk as provided under Section
21 27.5 of the Clerks of Courts Act.
22 (k) A defendant at least 17 years of age who is placed
23 on supervision for a misdemeanor in a county of 3,000,000 or
24 more inhabitants and who has not been previously convicted of
25 a misdemeanor or felony may as a condition of his or her
26 supervision be required by the court to attend educational
27 courses designed to prepare the defendant for a high school
28 diploma and to work toward a high school diploma or to work
29 toward passing the high school level Test of General
30 Educational Development (GED) or to work toward completing a
31 vocational training program approved by the court. The
32 defendant placed on supervision must attend a public
33 institution of education to obtain the educational or
34 vocational training required by this subsection (k). The
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1 defendant placed on supervision shall be required to pay for
2 the cost of the educational courses or GED test, if a fee is
3 charged for those courses or test. The court shall revoke
4 the supervision of a person who wilfully fails to comply with
5 this subsection (k). The court shall resentence the
6 defendant upon revocation of supervision as provided in
7 Section 5-6-4. This subsection (k) does not apply to a
8 defendant who has a high school diploma or has successfully
9 passed the GED test. This subsection (k) does not apply to a
10 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 (l) (k) The court shall require a defendant placed on
14 supervision for possession of a substance prohibited by the
15 Cannabis Control Act or Illinois Controlled Substances Act
16 after a previous conviction or disposition of supervision for
17 possession of a substance prohibited by the Cannabis Control
18 Act or Illinois Controlled Substances Act or a sentence of
19 probation under Section 10 of the Cannabis Control Act or
20 Section 410 of the Illinois Controlled Substances Act and
21 after a finding by the court that the person is addicted, to
22 undergo treatment at a substance abuse program approved by
23 the court.
24 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
25 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
26 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
27 1-1-98; revised 10-30-97.)
28 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
29 Sec. 5-7-1. Sentence of Periodic Imprisonment.
30 (a) A sentence of periodic imprisonment is a sentence of
31 imprisonment during which the committed person may be
32 released for periods of time during the day or night or for
33 periods of days, or both, or if convicted of a felony, other
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1 than first degree murder, a Class X or Class 1 felony,
2 committed to any county, municipal, or regional correctional
3 or detention institution or facility in this State for such
4 periods of time as the court may direct. Unless the court
5 orders otherwise, the particular times and conditions of
6 release shall be determined by the Department of Corrections,
7 the sheriff, or the Superintendent of the house of
8 corrections, who is administering the program.
9 (b) A sentence of periodic imprisonment may be imposed
10 to permit the defendant to:
11 (1) seek employment;
12 (2) work;
13 (3) conduct a business or other self-employed
14 occupation including housekeeping;
15 (4) attend to family needs;
16 (5) attend an educational institution, including
17 vocational education;
18 (6) obtain medical or psychological treatment;
19 (7) perform work duties at a county, municipal, or
20 regional correctional or detention institution or
21 facility;
22 (8) continue to reside at home with or without
23 supervision involving the use of an approved electronic
24 monitoring device, subject to Article 8A of Chapter V; or
25 (9) for any other purpose determined by the court.
26 (c) Except where prohibited by other provisions of this
27 Code, the court may impose a sentence of periodic
28 imprisonment for a felony or misdemeanor on a person who is
29 17 years of age or older. The court shall not impose a
30 sentence of periodic imprisonment if it imposes a sentence of
31 imprisonment upon the defendant in excess of 90 days.
32 (d) A sentence of periodic imprisonment shall be for a
33 definite term of from 3 to 4 years for a Class 1 felony, 18
34 to 30 months for a Class 2 felony, and up to 18 months, or
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1 the longest sentence of imprisonment that could be imposed
2 for the offense, whichever is less, for all other offenses;
3 however, no person shall be sentenced to a term of periodic
4 imprisonment longer than one year if he is committed to a
5 county correctional institution or facility, and in
6 conjunction with that sentence participate in a county work
7 release program comparable to the work and day release
8 program provided for in Article 13 of the Unified Code of
9 Corrections in State facilities. The term of the sentence
10 shall be calculated upon the basis of the duration of its
11 term rather than upon the basis of the actual days spent in
12 confinement. No sentence of periodic imprisonment shall be
13 subject to the good time credit provisions of Section 3-6-3
14 of this Code.
15 (e) When the court imposes a sentence of periodic
16 imprisonment, it shall state:
17 (1) the term of such sentence;
18 (2) the days or parts of days which the defendant
19 is to be confined;
20 (3) the conditions.
21 (f) The court may issue an order of protection pursuant
22 to the Illinois Domestic Violence Act of 1986 as a condition
23 of a sentence of periodic imprisonment. The Illinois Domestic
24 Violence Act of 1986 shall govern the issuance, enforcement
25 and recording of orders of protection issued under this
26 Section. A copy of the order of protection shall be
27 transmitted to the person or agency having responsibility for
28 the case.
29 (g) An offender sentenced to periodic imprisonment who
30 undergoes mandatory drug or alcohol testing, or both, or is
31 assigned to be placed on an approved electronic monitoring
32 device, shall be ordered to pay the costs incidental to such
33 mandatory drug or alcohol testing, or both, and costs
34 incidental to such approved electronic monitoring in
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1 accordance with the defendant's ability to pay those costs.
2 The county board with the concurrence of the Chief Judge of
3 the judicial circuit in which the county is located shall
4 establish reasonable fees for the cost of maintenance,
5 testing, and incidental expenses related to the mandatory
6 drug or alcohol testing, or both, and all costs incidental to
7 approved electronic monitoring, of all offenders with a
8 sentence of periodic imprisonment. The concurrence of the
9 Chief Judge shall be in the form of an administrative order.
10 The fees shall be collected by the clerk of the circuit
11 court. The clerk of the circuit court shall pay all moneys
12 collected from these fees to the county treasurer who shall
13 use the moneys collected to defray the costs of drug
14 testing, alcohol testing, and electronic monitoring. The
15 county treasurer shall deposit the fees collected in the
16 county working cash fund under Section 6-27001 or Section
17 6-29002 of the Counties Code, as the case may be.
18 (h) All fees and costs imposed under this Section for
19 any violation of Chapters 3, 4, 6, and 11 of the Illinois
20 Vehicle Code, or a similar provision of a local ordinance,
21 and any violation of the Child Passenger Protection Act, or a
22 similar provision of a local ordinance, shall be collected
23 and disbursed by the circuit clerk as provided under Section
24 27.5 of the Clerks of Courts Act.
25 (i) A defendant at least 17 years of age who is
26 convicted of a misdemeanor or felony in a county of 3,000,000
27 or more inhabitants and who has not been previously convicted
28 of a misdemeanor or a felony and who is sentenced to a term
29 of periodic imprisonment may as a condition of his or her
30 sentence be required by the court to attend educational
31 courses designed to prepare the defendant for a high school
32 diploma and to work toward receiving a high school diploma or
33 to work toward passing the high school level Test of General
34 Educational Development (GED) or to work toward completing a
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1 vocational training program approved by the court. The
2 defendant sentenced to periodic imprisonment must attend a
3 public institution of education to obtain the educational or
4 vocational training required by this subsection (i). The
5 defendant sentenced to a term of periodic imprisonment shall
6 be required to pay for the cost of the educational courses or
7 GED test, if a fee is charged for those courses or test. The
8 court shall revoke the sentence of periodic imprisonment of
9 the defendant who wilfully fails to comply with this
10 subsection (i). The court shall resentence the defendant
11 whose sentence of periodic imprisonment has been revoked as
12 provided in Section 5-7-2. This subsection (i) does not
13 apply to a defendant who has a high school diploma or has
14 successfully passed the GED test. This subsection (i) does
15 not apply to a defendant who is determined by the court to be
16 developmentally disabled or otherwise mentally incapable of
17 completing the educational or vocational program.
18 (Source: P.A. 89-688, eff. 6-1-97; 90-399, eff. 1-1-98;
19 revised 10-30-97.)
20 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
21 Sec. 5-9-1. Authorized fines.
22 (a) An offender may be sentenced to pay a fine which
23 shall not exceed for each offense:
24 (1) for a felony, $25,000 or the amount specified
25 in the offense, whichever is greater, or where the
26 offender is a corporation, $50,000 or the amount
27 specified in the offense, whichever is greater;
28 (2) for a Class A misdemeanor, $2,500 or the amount
29 specified in the offense, whichever is greater;
30 (3) for a Class B or Class C misdemeanor, $1,500;
31 (4) for a petty offense, $1,000 or the amount
32 specified in the offense, whichever is less;
33 (5) for a business offense, the amount specified in
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1 the statute defining that offense.
2 (b) A fine may be imposed in addition to a sentence of
3 conditional discharge, probation, periodic imprisonment, or
4 imprisonment.
5 (c) There shall be added to every fine imposed in
6 sentencing for a criminal or traffic offense, except an
7 offense relating to parking or registration, or offense by a
8 pedestrian, an additional penalty of $5 for each $40, or
9 fraction thereof, of fine imposed. The additional penalty of
10 $5 for each $40, or fraction thereof, of fine imposed, if not
11 otherwise assessed, shall also be added to every fine imposed
12 upon a plea of guilty, stipulation of facts or findings of
13 guilty, resulting in a judgment of conviction, or order of
14 supervision in criminal, traffic, local ordinance, county
15 ordinance, and conservation cases (except parking,
16 registration, or pedestrian violations), or upon a sentence
17 of probation without entry of judgment under Section 10 of
18 the Cannabis Control Act or Section 410 of the Controlled
19 Substances Act.
20 Such additional amounts shall be assessed by the court
21 imposing the fine and shall be collected by the Circuit Clerk
22 in addition to the fine and costs in the case. Each such
23 additional penalty shall be remitted by the Circuit Clerk
24 within one month after receipt to the State Treasurer. The
25 State Treasurer shall deposit $1 for each $40, or fraction
26 thereof, of fine imposed into the LEADS Maintenance Fund.
27 The remaining surcharge amount shall be deposited into the
28 Traffic and Criminal Conviction Surcharge Fund, unless the
29 fine, costs or additional amounts are subject to disbursement
30 by the circuit clerk under Section 27.5 of the Clerks of
31 Courts Act. Such additional penalty shall not be considered
32 a part of the fine for purposes of any reduction in the fine
33 for time served either before or after sentencing. Not
34 later than March 1 of each year the Circuit Clerk shall
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1 submit a report of the amount of funds remitted to the State
2 Treasurer under this subsection (c) during the preceding
3 calendar year. Except as otherwise provided by Supreme Court
4 Rules, if a court in imposing a fine against an offender
5 levies a gross amount for fine, costs, fees and penalties,
6 the amount of the additional penalty provided for herein
7 shall be computed on the amount remaining after deducting
8 from the gross amount levied all fees of the Circuit Clerk,
9 the State's Attorney and the Sheriff. After deducting from
10 the gross amount levied the fees and additional penalty
11 provided for herein, less any other additional penalties
12 provided by law, the clerk shall remit the net balance
13 remaining to the entity authorized by law to receive the fine
14 imposed in the case. For purposes of this Section "fees of
15 the Circuit Clerk" shall include, if applicable, the fee
16 provided for under Section 27.3a of the Clerks of Courts Act
17 and the fee, if applicable, payable to the county in which
18 the violation occurred pursuant to Section 5-1101 of the
19 Counties Code.
20 (c-5) In addition to the fines imposed by subsection
21 (c), any person convicted or receiving an order of
22 supervision for driving under the influence of alcohol or
23 drugs shall pay an additional $25 fee to the clerk. This
24 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 $25 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 subsection
33 (c-5) during the preceding calendar year.
34 The Circuit Clerk may accept payment of fines and costs
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1 by credit card from an offender who has been convicted of a
2 traffic offense, petty offense or misdemeanor and may charge
3 the service fee permitted where fines and costs are paid by
4 credit card provided for in Section 27.3b of the Clerks of
5 Courts Act.
6 (d) In determining the amount and method of payment of a
7 fine, except for those fines established for violations of
8 Chapter 15 of the Illinois Vehicle Code, the court shall
9 consider:
10 (1) the financial resources and future ability of
11 the offender to pay the fine; and
12 (2) whether the fine will prevent the offender from
13 making court ordered restitution or reparation to the
14 victim of the offense; and
15 (3) in a case where the accused is a dissolved
16 corporation and the court has appointed counsel to
17 represent the corporation, the costs incurred either by
18 the county or the State for such representation.
19 (e) The court may order the fine to be paid forthwith or
20 within a specified period of time or in installments.
21 (f) All fines, costs and additional amounts imposed
22 under this Section for any violation of Chapters 3, 4, 6, and
23 11 of the Illinois Vehicle Code, or a similar provision of a
24 local ordinance, and any violation of the Child Passenger
25 Protection Act, or a similar provision of a local ordinance,
26 shall be collected and disbursed by the circuit clerk as
27 provided under Section 27.5 of the Clerks of Courts Act.
28 (Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98;
29 90-384, eff. 1-1-98; revised 10-3-97.)
30 (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
31 Sec. 5-9-1.4. (a) "Crime laboratory" means any
32 not-for-profit laboratory registered with the Drug
33 Enforcement Administration of the United States Department of
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1 Justice, substantially funded by a unit or combination of
2 units of local government or the State of Illinois, which
3 regularly employs at least one person engaged in the analysis
4 of controlled substances, cannabis or steroids for criminal
5 justice agencies in criminal matters and provides testimony
6 with respect to such examinations.
7 (b) When a person has been adjudged guilty of an offense
8 in violation of the Cannabis Control Act, the Illinois
9 Controlled Substances Act or the Steroid Control Act, in
10 addition to any other disposition, penalty or fine imposed, a
11 criminal laboratory analysis fee of $50 for each offense for
12 which he was convicted shall be levied by the court. Any
13 person placed on probation pursuant to Section 10 of the
14 Cannabis Control Act, Section 410 of the Illinois Controlled
15 Substances Act or Section 10 of the Steroid Control Act or
16 placed on supervision for a violation of the Cannabis Control
17 Act, the Illinois Controlled Substances Act or the Steroid
18 Control Act shall be assessed a criminal laboratory analysis
19 fee of $50 for each each offense for which he was charged.
20 Upon verified petition of the person, the court may suspend
21 payment of all or part of the fee if it finds that the person
22 does not have the ability to pay the fee.
23 (c) In addition to any other disposition made pursuant
24 to the provisions of the Juvenile Court Act of 1987, any
25 minor adjudicated delinquent for an offense which if
26 committed by an adult would constitute a violation of the
27 Cannabis Control Act, the Illinois Controlled Substances Act
28 or the Steroid Control Act shall be assessed a criminal
29 laboratory analysis fee of $50 for each adjudication. Upon
30 verified petition of the minor, the court may suspend payment
31 of all or part of the fee if it finds that the minor does not
32 have the ability to pay the fee. The parent, guardian or
33 legal custodian of the minor may pay some or all of such fee
34 on the minor's behalf.
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1 (d) All criminal laboratory analysis fees provided for
2 by this Section shall be collected by the clerk of the court
3 and forwarded to the appropriate crime laboratory fund as
4 provided in subsection (f).
5 (e) Crime laboratory funds shall be established as
6 follows:
7 (1) Any unit of local government which maintains a
8 crime laboratory may establish a crime laboratory fund
9 within the office of the county or municipal treasurer.
10 (2) Any combination of units of local government
11 which maintains a crime laboratory may establish a crime
12 laboratory fund within the office of the treasurer of the
13 county where the crime laboratory is situated.
14 (3) The State Crime Laboratory Fund is hereby
15 created as a special fund in the State Treasury.
16 (f) The analysis fee provided for in subsections (b) and
17 (c) of this Section shall be forwarded to the office of the
18 treasurer of the unit of local government that performed the
19 analysis if that unit of local government has established a
20 crime laboratory fund, or to the State Crime Laboratory Fund
21 if the analysis was performed by a laboratory operated by the
22 Illinois State Police. If the analysis was performed by a
23 crime laboratory funded by a combination of units of local
24 government, the analysis fee shall be forwarded to the
25 treasurer of the county where the crime laboratory is
26 situated if a crime laboratory fund has been established in
27 that county. If the unit of local government or combination
28 of units of local government has not established a crime
29 laboratory fund, then the analysis fee shall be forwarded to
30 the State Crime Laboratory Fund. The clerk of the circuit
31 court may retain the amount of $5 from each collected
32 analysis fee to offset administrative costs incurred in
33 carrying out the clerk's responsibilities under this Section.
34 (g) Fees deposited into a crime laboratory fund created
-1226- LRB9000999EGfgam01
1 pursuant to paragraphs (1) or (2) of subsection (e) of this
2 Section shall be in addition to any allocations made pursuant
3 to existing law and shall be designated for the exclusive use
4 of the crime laboratory. These uses may include, but are not
5 limited to, the following:
6 (1) costs incurred in providing analysis for
7 controlled substances in connection with criminal
8 investigations conducted within this State;
9 (2) purchase and maintenance of equipment for use
10 in performing analyses; and
11 (3) continuing education, training and professional
12 development of forensic scientists regularly employed by
13 these laboratories.
14 (h) Fees deposited in the State Crime Laboratory Fund
15 created pursuant to paragraph (3) of subsection (d) of this
16 Section shall be used by State crime laboratories as
17 designated by the Director of State Police. These funds
18 shall be in addition to any allocations made pursuant to
19 existing law and shall be designated for the exclusive use of
20 State crime laboratories. These uses may include those
21 enumerated in subsection (g) of this Section.
22 (Source: P.A. 86-1399; 86-1475; revised 7-11-97.)
23 (730 ILCS 5/5-9-1.10)
24 Sec. 5-9-1.10. Additional fines. There shall be added
25 to every penalty imposed in sentencing for a violation of
26 Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
27 1961 an additional fine of $100 payable to the clerk, which
28 shall be imposed upon the entry of a judgment of conviction.
29 This additional fee, less 2 1/2% that shall be used to defray
30 administrative costs incurred by the clerk, shall be remitted
31 by the clerk to the Treasurer within 60 days after receipt
32 for deposit into the Trauma Center Fund. This additional fee
33 of $100 shall not be considered a part of the fine for
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1 purposes of any reduction in the fine for time served either
2 before or after sentencing. Not later than March 1 of each
3 year the circuit clerk shall submit a report of the amount of
4 funds remitted to the State Treasurer under this Section
5 during the preceding calendar year. All moneys collected by
6 the circuit clerk and remitted to the State Treasurer under
7 Section 27.6 26.7 of the Clerks of Courts Act shall be
8 deposited into the Trauma Center Fund for distribution as
9 provided under Section 3.225 of the Emergency Medical
10 Services (EMS) Systems Act.
11 (Source: P.A. 89-516, eff. 7-18-96; revised 12-18-97.)
12 Section 164. The Sex Offender Registration Act is
13 amended by changing Sections 2 and 10 as follows:
14 (730 ILCS 150/2) (from Ch. 38, par. 222)
15 Sec. 2. Definitions. As used in this Article, the
16 following definitions apply:
17 (A) "Sex offender" means any person who is:
18 (1) charged pursuant to Illinois law, or any
19 substantially similar federal or sister state law, with a
20 sex offense set forth in subsection (B) of this Section
21 or the attempt to commit an included sex offense, and:
22 (a) is convicted of such offense or an attempt
23 to commit such offense; or
24 (b) is found not guilty by reason of insanity
25 of such offense or an attempt to commit such
26 offense; or
27 (c) is found not guilty by reason of insanity
28 pursuant to Section 104-25(c) of the Code of
29 Criminal Procedure of 1963 of such offense or an
30 attempt to commit such offense; or
31 (d) is the subject of a finding not resulting
32 in an acquittal at a hearing conducted pursuant to
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1 Section 104-25(a) of the Code of Criminal Procedure
2 of 1963 for the alleged commission or attempted
3 commission of such offense; or
4 (e) is found not guilty by reason of insanity
5 following a hearing conducted pursuant to a federal
6 or sister state law substantially similar to Section
7 104-25(c) of the Code of Criminal Procedure of 1963
8 of such offense or of the attempted commission of
9 such offense; or
10 (f) is the subject of a finding not resulting
11 in an acquittal at a hearing conducted pursuant to a
12 federal or sister state law substantially similar to
13 Section 104-25(a) of the Code of Criminal Procedure
14 of 1963 for the alleged violation or attempted
15 commission of such offense; or
16 (2) certified as a sexually dangerous person
17 pursuant to the Illinois Sexually Dangerous Persons Act,
18 or any substantially similar federal or sister state law;
19 or
20 (3) subject to the provisions of Section 2 of the
21 Interstate Agreements on Sexually Dangerous Persons Act.
22 Convictions that result from or are connected with the
23 same act, or result from offenses committed at the same time,
24 shall be counted for the purpose of this Article as one
25 conviction. Any conviction set aside pursuant to law is not
26 a conviction for purposes of this Article.
27 (B) As used in this Section, "sex offense" means:
28 (1) A violation of any of the following Sections of
29 the Criminal Code of 1961, when the violation is a
30 felony:
31 11-20.1 (child pornography),
32 11-6 (indecent solicitation of a child),
33 11-9.1 (sexual exploitation of a child),
34 11-15.1 (soliciting for a juvenile prostitute),
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1 11-18.1 (patronizing a juvenile prostitute),
2 11-17.1 (keeping a place of juvenile
3 prostitution),
4 11-19.1 (juvenile pimping),
5 11-19.2 (exploitation of a child),
6 12-13 (criminal sexual assault),
7 12-14 (aggravated criminal sexual assault),
8 12-14.1 (predatory criminal sexual assault of a
9 child),
10 12-15 (criminal sexual abuse),
11 12-16 (aggravated criminal sexual abuse),
12 12-33 (ritualized abuse of a child).
13 An attempt to commit any of these offenses.
14 (1.5) A felony violation of any of the following
15 Sections of the Criminal Code of 1961, when the victim is
16 a person under 18 years of age, the defendant is not a
17 parent of the victim, and the offense was committed on or
18 after January 1, 1996:
19 10-1 (kidnapping),
20 10-2 (aggravated kidnapping),
21 10-3 (unlawful restraint),
22 10-3.1 (aggravated unlawful restraint).
23 An attempt to commit any of these offenses.
24 (1.6) First degree murder under Section 9-1 of the
25 Criminal Code of 1961, when the victim was a person under
26 18 years of age, the defendant was at least 17 years of
27 age at the time of the commission of the offense, and the
28 offense was committed on or after June 1, 1996.
29 (1.7) A misdemeanor violation of any of the
30 following Sections of the Criminal Code of 1961, when the
31 offense was committed on or after June 1, 1997:
32 11-6 (indecent solicitation of a child),
33 11-9.1 (sexual exploitation of a child),
34 12-15 (criminal sexual abuse).,
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1 An attempt to commit any of these offenses.
2 (1.8) A violation or attempted violation of Section
3 11-11 (sexual relations within families) of the Criminal
4 Code of 1961, when the victim was a person under 18 years
5 of age and the offense was committed on or after June 1,
6 1997.
7 (1.9) (1.7) Child abduction under paragraph (10) of
8 subsection (b) of Section 10-5 of the Criminal Code of
9 1961 committed by luring or attempting to lure a child
10 under the age of 16 into a motor vehicle, building,
11 housetrailer, or dwelling place without the consent of
12 the parent or lawful custodian of the child for other
13 than a lawful purpose and the offense was committed on or
14 after January 1, 1998 the effective date of this
15 amendatory Act of 1997.
16 (2) A violation of any former law of this State
17 substantially equivalent to any offense listed in
18 subsection (B)(1) of this Section.
19 (C) A conviction for an offense of federal law or the
20 law of another state that is substantially equivalent to any
21 offense listed in subsection (B) of this Section shall
22 constitute a conviction for the purpose of this Article. A
23 finding or adjudication as a sexually dangerous person under
24 any federal law or law of another state that is substantially
25 equivalent to the Sexually Dangerous Persons Act shall
26 constitute an adjudication for the purposes of this Article.
27 (C-5) A person at least 17 years of age at the time of
28 the commission of the offense who is convicted of first
29 degree murder under Section 9-1 of the Criminal Code of 1961,
30 committed on or after June 1, 1996 against a person under 18
31 years of age, shall be required to register for a period of
32 10 years after conviction or adjudication if not confined to
33 a penal institution, hospital, or any other institution or
34 facility, and if confined, for a period of 10 years after
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1 parole, discharge, or release from the facility. Liability
2 for registration terminates at the expiration of 10 years
3 from the date of conviction or adjudication if not confined
4 in a penal institution, hospital, or any other institution or
5 facility, and if confined at the expiration of 10 years from
6 the date of parole, discharge, or release from any facility;
7 provided that the child murderer does not, during that period
8 again become liable to register under the provisions of this
9 Article or the Sex Offender and Child Murderer Community
10 Notification Law.
11 (D) As used in this Article, "law enforcement agency
12 having jurisdiction" means the Chief of Police in the
13 municipality in which the sex offender expects to reside (1)
14 upon his or her discharge, parole or release or (2) during
15 the service of his or her sentence of probation or
16 conditional discharge, or the Sheriff of the county, in the
17 event no Police Chief exists or if the offender intends to
18 reside in an unincorporated area.
19 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
20 eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
21 revised 9-2-97.)
22 (730 ILCS 150/10) (from Ch. 38, par. 230)
23 Sec. 10. Penalty. Any person who is required to
24 register under this Article who violates any of the
25 provisions of this Article, any person who is required to
26 register under this Article who knowingly or wilfully gives
27 material information required by this Article that is false,
28 and any person who is required to register under this Article
29 who seeks to change his or her name under Article 21 of the
30 Code of Civil Procedure is guilty of a Class 4 felony. Any
31 person convicted of a violation of any provision of this
32 Article shall, in addition to any other penalty required by
33 law, be required to serve a minimum period of 7 days
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1 confinement in the local county jail. The court shall impose
2 a mandatory minimum fine of $500 for failure to comply with
3 any provision of this Article. These fines shall be
4 deposited in the Sex Offender Registration Fund.
5 (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96; 90-125,
6 eff. 1-1-98; 90-193, eff. 7-24-97; revised 9-2-97.)
7 Section 165. The Sex Offender and Child Murderer
8 Community Notification Law is amended by changing the Article
9 1 heading as follows:
10 (730 ILCS 152/Art. 1 heading)
11 ARTICLE 1. THE CHILD SEX OFFENDER
12 AND MURDERER COMMUNITY NOTIFICATION LAW.
13 Section 166. The Code of Civil Procedure is amended by
14 changing Sections 2-1401, 7-103, 12-112, 13-113, 13-202.1,
15 and 14-103 as follows:
16 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
17 Sec. 2-1401. Relief from judgments.
18 (a) Relief from final orders and judgments, after 30
19 days from the entry thereof, may be had upon petition as
20 provided in this Section. Writs of error coram nobis and
21 coram vobis, bills of review and bills in the nature of bills
22 of review are abolished. All relief heretofore obtainable
23 and the grounds for such relief heretofore available, whether
24 by any of the foregoing remedies or otherwise, shall be
25 available in every case, by proceedings hereunder, regardless
26 of the nature of the order or judgment from which relief is
27 sought or of the proceedings in which it was entered. Except
28 as provided in Section 6 of the Illinois Parentage Act of
29 1984, there shall be no distinction between actions and other
30 proceedings, statutory or otherwise, as to availability of
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1 relief, grounds for relief or the relief obtainable.
2 (b) The petition must be filed in the same proceeding in
3 which the order or judgment was entered but is not a
4 continuation thereof. The petition must be supported by
5 affidavit or other appropriate showing as to matters not of
6 record. All parties to the petition shall be notified as
7 provided by rule.
8 (c) Except as provided in Section 20b of the Adoption
9 Act and Section 3-32 of the Juvenile Court Act of 1987 or in
10 a petition based upon Section 116-3 of the Code of Criminal
11 Procedure of 1963, the petition must be filed not later than
12 2 years after the entry of the order or judgment. Time
13 during which the person seeking relief is under legal
14 disability or duress or the ground for relief is fraudulently
15 concealed shall be excluded in computing the period of 2
16 years.
17 (d) The filing of a petition under this Section does not
18 affect the order or judgment, or suspend its operation.
19 (e) Unless lack of jurisdiction affirmatively appears
20 from the record proper, the vacation or modification of an
21 order or judgment pursuant to the provisions of this Section
22 does not affect the right, title or interest in or to any
23 real or personal property of any person, not a party to the
24 original action, acquired for value after the entry of the
25 order or judgment but before the filing of the petition, nor
26 affect any right of any person not a party to the original
27 action under any certificate of sale issued before the filing
28 of the petition, pursuant to a sale based on the order or
29 judgment.
30 (f) Nothing contained in this Section affects any
31 existing right to relief from a void order or judgment, or to
32 employ any existing method to procure that relief.
33 (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141,
34 eff. 1-1-98; revised 8-4-97.)
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1 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
2 Sec. 7-103. "Quick-take". This Section applies only to
3 proceedings under this Article:
4 (1) by the State of Illinois, the Illinois Toll
5 Highway Authority or the St. Louis Metropolitan Area
6 Airport Authority for the acquisition of land or
7 interests therein for highway purposes;
8 (2) (blank);
9 (3) by the Department of Commerce and Community
10 Affairs for the purpose specified in the Illinois Coal
11 Development Bond Act;
12 (4) (blank);
13 (5) for the purpose specified in the St. Louis
14 Metropolitan Area Airport Authority Act;
15 (6) for a period of 24 months after May 24, 1996,
16 by the Southwestern Illinois Development Authority
17 pursuant to the Southwestern Illinois Development
18 Authority Act;
19 (7) for a period of 3 years after December 30,
20 1987, by the Quad Cities Regional Economic Development
21 Authority (except for the acquisition of land or
22 interests therein that is farmland, or upon which is
23 situated a farm dwelling and appurtenant structures, or
24 upon which is situated a residence, or which is wholly
25 within an area that is zoned for residential use)
26 pursuant to the Quad Cities Regional Economic Development
27 Authority Act;
28 (8) by a sanitary district created under the
29 Metropolitan Water Reclamation District Act for the
30 acquisition of land or interests therein for purposes
31 specified in that Act;
32 (9) by a rail carrier within the time limitations
33 and subject to the terms and conditions set forth in
34 Section 18c-7501 of the Illinois Vehicle Code;
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1 (10) for a period of 18 months after January 26,
2 1987, for the purpose specified in Division 135 of
3 Article 11 of the Illinois Municipal Code, by a
4 commission created under Section 2 of the Water
5 Commission Act of 1985;
6 (11) by a village containing a population of less
7 than 15,000 for the purpose of acquiring property to be
8 used for a refuse derived fuel system designed to
9 generate steam and electricity, and for industrial
10 development that will utilize such steam and electricity,
11 pursuant to Section 11-19-10 of the Illinois Municipal
12 Code;
13 (12) after receiving the prior approval of the City
14 Council, by a municipality having a population of more
15 than 500,000 for the purposes set forth in Section
16 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
17 Illinois Municipal Code, and for the same purposes when
18 established pursuant to home rule powers;
19 (13) by a home rule municipality, after a public
20 hearing held by the corporate authorities or by a
21 committee of the corporate authorities and after approval
22 by a majority of the corporate authorities, within an
23 area designated as an enterprise zone by the municipality
24 under the Illinois Enterprise Zone Act;
25 (14) by the Illinois Sports Facilities Authority
26 for the purpose specified in Section 12 of the Illinois
27 Sports Facilities Authority Act;
28 (15) by a municipality having a population of more
29 than 2,000,000 for the purpose of acquiring the property
30 described in Section 3 of the Sports Stadium Act;
31 (16) for a period of 18 months after July 29, 1986,
32 in any proceeding by the Board of Trustees of the
33 University of Illinois for the acquisition of land in
34 Champaign County or interests therein as a site for a
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1 building or for any educational purpose;
2 (17) for a period of 2 years after July 1, 1990, by
3 a home rule municipality and a county board, upon
4 approval of a majority of the corporate authorities of
5 both the county board and the municipality, within an
6 area designated as an enterprise zone by the municipality
7 and the county board through an intergovernmental
8 agreement under the Illinois Enterprise Zone Act, when
9 the purpose of the condemnation proceeding is to acquire
10 land for the construction of an industrial harbor port,
11 and when the total amount of land to be acquired for that
12 purpose is less than 75 acres and is adjacent to the
13 Illinois River;
14 (18) by an airport authority located solely within
15 the boundaries of Madison County, Illinois, and which is
16 organized pursuant to the provisions of the Airport
17 Authorities Act, (i) for the acquisition of 160 acres, or
18 less, of land or interests therein for the purposes
19 specified in that Act which may be necessary to extend,
20 mark, and light runway 11/29 for a distance of 1600 feet
21 in length by 100 feet in width with parallel taxiway, to
22 relocate and mark County Highway 19, Madison County,
23 known as Moreland Road, to relocate the instrument
24 landing system including the approach lighting system and
25 to construct associated drainage, fencing and seeding
26 required for the foregoing project and (ii) for a period
27 of 6 months after December 28, 1989, for the acquisition
28 of 75 acres, or less, of land or interests therein for
29 the purposes specified in that Act which may be necessary
30 to extend, mark and light the south end of runway 17/35
31 at such airport;
32 (19) by any unit of local government for a
33 permanent easement for the purpose of maintaining,
34 dredging or cleaning the Little Calumet River;
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1 (20) by any unit of local government for a
2 permanent easement for the purpose of maintaining,
3 dredging or cleaning the Salt Creek in DuPage County;
4 (21) by St. Clair County, Illinois, for the
5 development of a joint use facility at Scott Air Force
6 Base;
7 (22) by the Village of Summit, Illinois, to acquire
8 land for a waste to energy plant;
9 (23) for a period of 15 months after September 7,
10 1990, by the Department of Transportation or by any unit
11 of local government under the terms of an
12 intergovernmental cooperation agreement between the
13 Department of Transportation and the unit of local
14 government for the purpose of developing aviation
15 facilities in and around Chanute Air Force Base in
16 Champaign County, Illinois;
17 (24) for a period of 1 year after December 12,
18 1990, by the City of Morris for the development of the
19 Morris Municipal Airport;
20 (25) for a period of 1 year after June 19, 1991, by
21 the Greater Rockford Airport Authority for airport
22 expansion purposes;
23 (26) for a period of 24 months after June 30, 1991,
24 by the City of Aurora for completion of an instrument
25 landing system and construction of an east-west runway at
26 the Aurora Municipal Airport;
27 (27) for the acquisition by the Metropolitan Pier
28 and Exposition Authority of property described in
29 subsection (f) of Section 5 of the Metropolitan Pier and
30 Exposition Authority Act for the purposes of providing
31 additional grounds, buildings, and facilities related to
32 the purposes of the Metropolitan Pier and Exposition
33 Authority;
34 (28) for a period of 24 months after March 1, 1992,
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1 by the Village of Wheeling and the City of Prospect
2 Heights, owners of the Palwaukee Municipal Airport, to
3 allow for the acquisition of right of way to complete the
4 realignment of Hintz Road and Wolf Road;
5 (29) for a period of one year from the effective
6 date of this amendatory Act of 1992, by the
7 Bloomington-Normal Airport Authority for airport
8 expansion purposes;
9 (30) for a period of 24 months after September 10,
10 1993, by the Cook County Highway Department and Lake
11 County Department of Transportation to allow for the
12 acquisition of necessary right-of-way for construction of
13 underpasses for Lake-Cook Road at the Chicago
14 Northwestern Railroad crossing, west of Skokie Boulevard,
15 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
16 crossing, west of Waukegan Road;
17 (31) for a period of one year after December 23,
18 1993, by the City of Arcola and the City of Tuscola for
19 the development of the Arcola/Tuscola Water Transmission
20 Pipeline Project pursuant to the intergovernmental
21 agreement between the City of Arcola and the City of
22 Tuscola;
23 (32) for a period of 24 months from December 23,
24 1993, by the Village of Bensenville for the acquisition
25 of property bounded by Illinois Route 83 to the west and
26 O'Hare International Airport to the east to complete a
27 flood control project known as the Bensenville Ditch;
28 (33) for a period of 9 months after November 1,
29 1993, by the Medical Center Commission for the purpose of
30 acquiring a site for the Illinois State Police Forensic
31 Science Laboratory at Chicago, on the block bounded by
32 Roosevelt Road on the north, Wolcott Street on the east,
33 Washburn Street on the south, and Damen Avenue on the
34 west in Chicago, Illinois;
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1 (34) for a period of 36 months after July 14, 1995,
2 by White County for the acquisition of a 3 1/2 mile
3 section of Bellaire Road, which is described as follows:
4 Commencing at the Northwest Corner of the Southeast 1/4
5 of Section 28, Township 6 South, Range 10 East of the 3rd
6 Principal Meridian; thence South to a point at the
7 Southwest Corner of the Southeast 1/4 of Section 9,
8 Township 7 South, Range 10 East of the 3rd Principal
9 Meridian;
10 (35) for a period of one year after July 14, 1995,
11 by the City of Aurora for permanent and temporary
12 easements except over land adjacent to Indian Creek and
13 west of Selmarten Creek located within the City of Aurora
14 for the construction of Phase II of the Indian Creek
15 Flood Control Project;
16 (35.1) for a period beginning June 24, 1995 (the
17 day following the effective date of Public Act 89-29) and
18 ending on July 13, 1995 (the day preceding the effective
19 date of Public Act 89-134), by the City of Aurora for
20 permanent and temporary easements for the construction of
21 Phase II of the Indian Creek Flood Control Project;
22 (36) for a period of 3 years from July 14, 1995, by
23 the Grand Avenue Railroad Relocation Authority for the
24 Grand Avenue Railroad Grade Separation Project within the
25 Village of Franklin Park, Illinois;
26 (37) for a period of 3 years after July 14, 1995,
27 by the Village of Romeoville for the acquisition of
28 rights-of-way for the 135th Street Bridge Project, lying
29 within the South 1/2 of Section 34, Township 37 North,
30 Range 10 East and the South 1/2 of Section 35, Township
31 37 North, Range 10 East of the Third Principal Meridian,
32 and the North 1/2 of Section 2, Township 36 North, Range
33 10 East and the North 1/2 of Section 3, Township 36
34 North, Range 10 East of the 3rd Principal Meridian, in
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1 Will County, Illinois;
2 (37.1) for a period of 3 years after June 23, 1995,
3 by the Illinois Department of Transportation for the
4 acquisition of rights-of-way for the 135th Street Bridge
5 Project between the Des Plaines River and New Avenue
6 lying within the South 1/2 of Section 35, Township 37
7 North, Range 10 East of the Third Principal Meridian and
8 the North 1/2 of Section 2, Township 36 North, Range 10
9 East of the 3rd Principal Meridian, in Will County,
10 Illinois;
11 (38) for a period beginning June 24, 1995 (the day
12 after the effective date of Public Act 89-29) and ending
13 18 months after July 14, 1995 (the effective date of
14 Public Act 89-134), by the Anna-Jonesboro Water
15 Commission for the acquisition of land and easements for
16 improvements to its water treatment and storage
17 facilities and water transmission pipes;
18 (39) for a period of 36 months after July 14, 1995,
19 by the City of Effingham for the acquisition of property
20 which is described as follows:
21 Tract 1:
22 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
23 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
24 thereof recorded in Book "K", Page 769, in the Recorder's
25 Office of Effingham County), situated in the City of
26 Effingham, County of Effingham and State of Illinois.
27 Tract 2:
28 The alley lying South and adjoining Tract 1, as
29 vacated by Ordinance recorded on July 28, 1937 in Book
30 183, Page 465, and all right, title and interest in and
31 to said alley as established by the Contract for Easement
32 recorded on August 4, 1937 in Book 183, Page 472;
33 (40) for a period of one year after July 14, 1995,
34 by the Village of Palatine for the acquisition of
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1 property located along the south side of Dundee Road
2 between Rand Road and Hicks Road for redevelopment
3 purposes;
4 (41) for a period of 6 years after July 1, 1995,
5 for the acquisition by the Medical Center District of
6 property described in Section 3 of the Illinois Medical
7 District Act within the District Development Area as
8 described in Section 4 of that Act for the purposes set
9 forth in that Act;
10 (41.5) for a period of 24 months after June 21,
11 1996 by the City of Effingham, Illinois for acquisition
12 of property for the South Raney Street Improvement
13 Project Phase I;
14 (42) for a period of 3 years after June 21, 1996,
15 by the Village of Deerfield for the acquisition of
16 territory within the Deerfield Village Center, as
17 designated as of that date by the Deerfield Comprehensive
18 Plan, with the exception of that area north of Jewett
19 Park Drive (extended) between Waukegan Road and the
20 Milwaukee Railroad Tracks, for redevelopment purposes;
21 (43) for a period of 12 months after June 21, 1996,
22 by the City of Harvard for the acquisition of property
23 lying west of Harvard Hills Road of sufficient size to
24 widen the Harvard Hills Road right of way and to install
25 and maintain city utility services not more than 200 feet
26 west of the center line of Harvard Hills Road;
27 (44) for a period of 5 years after June 21, 1996,
28 by the Village of River Forest, Illinois, within the area
29 designated as a tax increment financing district when the
30 purpose of the condemnation proceeding is to acquire land
31 for any of the purposes contained in the River Forest Tax
32 Increment Financing Plan or authorized by the Tax
33 Increment Allocation Redevelopment Act, provided that
34 condemnation of any property zoned and used exclusively
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1 for residential purposes shall be prohibited;
2 (45) for a period of 18 months after June 28, 1996,
3 by the Village of Schaumburg for the acquisition of land,
4 easements, and aviation easements for the purpose of a
5 public airport in Cook and DuPage Counties; provided that
6 if any proceedings under the provisions of this Article
7 are pending on that date, "quick-take" may be utilized by
8 the Village of Schaumburg;
9 (46) for a period of one year after June 28, 1996,
10 by the City of Pinckneyville for the acquisition of land
11 and easements to provide for improvements to its water
12 treatment and storage facilities and water transmission
13 pipes, and for the construction of a sewerage treatment
14 facility and sewerage transmission pipes to serve the
15 Illinois Department of Corrections Pinckneyville
16 Correctional Facility;
17 (47) for a period of 6 months after June 28, 1996,
18 by the City of Streator for the acquisition of property
19 described as follows for a first flush basin sanitary
20 sewer system:
21 Tract 5: That part of lots 20 and 21 in Block
22 6 in Moore and Plumb's addition to the city of
23 Streator, Illinois, lying south of the right of way
24 of the switch track of the Norfolk and Western
25 Railroad (now abandoned) in the county of LaSalle,
26 state of Illinois;
27 Tract 6: That part of lots 30, 31 and 32 in
28 Block 7 in Moore and Plumb's Addition to the city of
29 Streator, Illinois, lying north of the centerline of
30 Coal Run Creek and south of the right of way of the
31 switch track of the Norfolk and Western Railroad
32 (now abandoned) in the county of LaSalle, state of
33 Illinois;
34 (48) for a period of 36 months after January 16,
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1 1997, by the Bi-State Development Agency of the
2 Missouri-Illinois Metropolitan District for the
3 acquisition of rights of way and related property
4 necessary for the construction and operation of the
5 MetroLink Light Rail System, beginning in East St. Louis,
6 Illinois, and terminating at Mid America Airport, St.
7 Clair County, Illinois;
8 (49) for a period of 2 years after January 16,
9 1997, by the Village of Schaumburg for the acquisition of
10 rights-of-way, permanent easements, and temporary
11 easements for the purpose of improving the Roselle
12 Road/Illinois Route 58/Illinois Route 72 corridor,
13 including rights-of-way along Roselle Road, Remington
14 Road, Valley Lake Drive, State Parkway, Commerce Drive,
15 Kristin Circle, and Hillcrest Boulevard, a permanent
16 easement along Roselle Road, and temporary easements
17 along Roselle Road, State Parkway, Valley Lake Drive,
18 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
19 in Cook County;
20 (50) (blank);
21 (51) for a period of 12 months after July 25, 1997
22 the effective date of this amendatory Act of 1997, by the
23 Village of Bloomingdale for utility relocations
24 necessitated by the Lake Street Improvement Project on
25 Lake Street between Glen Ellyn Road and Springfield Drive
26 in the Village of Bloomingdale;
27 (52) for a period of 36 months after July 25, 1997
28 the effective date of this amendatory Act of 1997, by the
29 City of Freeport, owners of the Freeport Albertus
30 Municipal Airport, to allow for acquisition of any land,
31 rights, or other property lying between East Lamm Road
32 and East Borchers Road to complete realignment of South
33 Hollywood Road and to establish the necessary runway
34 safety zone in accordance with Federal Aviation
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1 Administration and Illinois Department of Transportation
2 design criteria;
3 (53) for a period of 3 years after July 1, 1997, by
4 the Village of Elmwood Park to be used only for the
5 acquisition of commercially zoned property within the
6 area designated as the Tax Increment Redevelopment
7 Project Area by ordinance passed and approved on December
8 15, 1986, as well as to be used only for the acquisition
9 of commercially zoned property located at the northwest
10 corner of North Avenue and Harlem Avenue and commercially
11 zoned property located at the southwest corner of Harlem
12 Avenue and Armitage Avenue for redevelopment purposes, as
13 set forth in Division 74.3 of Article 11 of the Illinois
14 Municipal Code;
15 (54) for a period of 3 years after July 25, 1997
16 the effective date of this amendatory Act of 1997, by the
17 Village of Oak Park for the acquisition of property
18 located along the south side of North Avenue between
19 Austin Boulevard and Harlem Avenue or along the north and
20 south side of Harrison Street between Austin Boulevard
21 and Elmwood Avenue, not including residentially zoned
22 properties within these areas, for commercial
23 redevelopment goals;.
24 (54.1) (53) for a period of 3 years after August
25 14, 1997 the effective date of this amendatory Act of
26 1997, by the Village of Oak Park for the acquisition of
27 property within the areas designated as the Greater
28 Downtown Area Tax Increment Financing District, the
29 Harlem/Garfield Tax Increment Financing District, and the
30 Madison Street Tax Increment Financing District, not
31 including residentially zoned properties within these
32 areas, for commercial redevelopment goals;
33 (54.2) (54) for a period of 3 years after August
34 14, 1997 the effective date of this amendatory Act of
-1245- LRB9000999EGfgam01
1 1997, by the Village of Oak Park for the acquisition of
2 property within the areas designated as the North Avenue
3 Commercial Strip and the Harrison Street Business Area,
4 not including residentially zoned properties within these
5 areas, for commercial redevelopment goals;
6 (55) (51) for a period of 3 years after August 14,
7 1997 the effective date of this amendatory Act of 1997 by
8 the Village of Morton Grove, within the area designated
9 as the Waukegan Road Tax Increment Financing District to
10 be used only for acquiring commercially zoned properties
11 located on Waukegan Road for tax increment redevelopment
12 projects contained in the redevelopment plan for the
13 area;
14 (56) (52) For a period of 2 years after August 14,
15 1997 the effective date of this amendatory Act of 1997,
16 by the Village of Rosemont for the acquisition of the
17 property described as Tract 1, and the acquisition of any
18 leasehold interest of the property described as Tract 2,
19 both described as follows:
20 Tract 1
21 PARCEL 1:
22 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
23 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
24 DESCRIBED AS FOLLOWS:
25 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
26 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
27 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
28 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
29 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
30 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
31 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
32 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
33 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
34 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
-1246- LRB9000999EGfgam01
1 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
2 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
3 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
4 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
5 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
6 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
7 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
8 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
9 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
10 PARCEL 2:
11 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
12 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
13 DESCRIBED AS FOLLOWS:
14 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
15 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
16 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
17 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
18 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
19 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
20 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
21 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
22 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
23 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
24 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
25 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
26 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
27 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
28 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
29 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
30 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
31 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
32 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
33 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
34 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
-1247- LRB9000999EGfgam01
1 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
2 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
3 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
4 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
5 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
6 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
7 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
8 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
9 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
10 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
11 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
12 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
13 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
14 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
15 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
16 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
17 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
18 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
19 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
20 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
21 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
22 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
23 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
24 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
25 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
26 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
27 Generally comprising approximately 3.8 acres along
28 the south side of Higgins Road, East of Mannheim Road.
29 Tract 2
30 PARCEL 1:
31 Any leasehold interest of any portion of the
32 property legally described as follows:
33 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
34 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
-1248- LRB9000999EGfgam01
1 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
2 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
3 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
4 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
5 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
6 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
7 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
8 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
9 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
10 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
11 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
12 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
13 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
14 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
15 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
16 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
17 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
18 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
19 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
20 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
21 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
22 FREDERICK JOSS'S JOSS92S DIVISION OF LANDS IN THE
23 NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12
24 EAST OF THE THIRD PRINCIPAL MERIDIAN.
25 PARCEL 2:
26 Plus any rights of ingress and egress which the said
27 holder of the leasehold interest may have pursuant to
28 the following described easement:
29 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
30 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
31 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
32 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
33 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
34 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
-1249- LRB9000999EGfgam01
1 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
2 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP
3 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
4 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
5 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
6 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
7 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
8 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
9 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
10 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
11 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
12 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
13 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
14 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
15 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
16 IN COOK COUNTY, ILLINOIS;
17 (57) (55) for a period of 24 months from August 14,
18 1997 the effective date of this amendatory Act of 1997,
19 by the City of Champaign for the acquisition of land and
20 easements in and adjacent to the City of Champaign for
21 the improvement of Windsor Road and Duncan Road and for
22 the construction of the Boneyard Creek Improvement
23 Project.
24 In a proceeding subject to this Section, the plaintiff,
25 at any time after the complaint has been filed and before
26 judgment is entered in the proceeding, may file a written
27 motion requesting that, immediately or at some specified
28 later date, the plaintiff either be vested with the fee
29 simple title (or such lesser estate, interest or easement, as
30 may be required) to the real property, or specified portion
31 thereof, which is the subject of the proceeding, and be
32 authorized to take possession of and use such property; or
33 only be authorized to take possession of and to use such
34 property, if such possession and use, without the vesting of
-1250- LRB9000999EGfgam01
1 title, are sufficient to permit the plaintiff to proceed with
2 the project until the final ascertainment of compensation;
3 however, no land or interests therein now or hereafter owned,
4 leased, controlled or operated and used by, or necessary for
5 the actual operation of, any common carrier engaged in
6 interstate commerce, or any other public utility subject to
7 the jurisdiction of the Illinois Commerce Commission, shall
8 be taken or appropriated hereunder by the State of Illinois,
9 the Illinois Toll Highway Authority, the sanitary district,
10 the St. Louis Metropolitan Area Airport Authority or the
11 Board of Trustees of the University of Illinois without first
12 securing the approval of such Commission.
13 Except as hereinafter stated, the motion for taking shall
14 state: (1) an accurate description of the property to which
15 the motion relates and the estate or interest sought to be
16 acquired therein; (2) the formally adopted schedule or plan
17 of operation for the execution of the plaintiff's project;
18 (3) the situation of the property to which the motion
19 relates, with respect to the schedule or plan; (4) the
20 necessity for taking such property in the manner requested in
21 the motion; and (5) if the property (except property
22 described in Section 3 of the Sports Stadium Act, or property
23 described as Site B in Section 2 of the Metropolitan Pier and
24 Exposition Authority Act) to be taken is owned, leased,
25 controlled or operated and used by, or necessary for the
26 actual operation of, any interstate common carrier or other
27 public utility subject to the jurisdiction of the Illinois
28 Commerce Commission, a statement to the effect that the
29 approval of such proposed taking has been secured from such
30 Commission, and attaching to such motion a certified copy of
31 the order of such Commission granting such approval. If the
32 schedule or plan of operation is not set forth fully in the
33 motion, a copy of such schedule or plan shall be attached to
34 the motion.
-1251- LRB9000999EGfgam01
1 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
2 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
3 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
4 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
5 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
6 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
7 7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)
8 (735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
9 Sec. 12-112. What liable to enforcement. All the lands,
10 tenements, real estate, goods and chattels (except such as is
11 by law declared to be exempt) of every person against whom
12 any judgment has been or shall be hereafter entered in any
13 court, for any debt, damages, costs, or other sum of money,
14 shall be liable to be sold upon such judgment. Any real
15 property, or any beneficial interest in a land trust, held in
16 tenancy by the entirety shall not be liable to be sold upon
17 judgment entered on or after October 1, 1990 against only one
18 of the tenants, except if the property was transferred into
19 tenancy by the entirety with the sole intent to avoid the
20 payment of debts existing at the time of the transfer beyond
21 the transferor's ability to pay those debts as they become
22 due. However, any income from such property shall be subject
23 to garnishment as provided in Part 7 of this Article XII,
24 whether judgment has been entered against one or both of the
25 tenants.
26 If the court authorizes the piercing of the ownership
27 veil pursuant to Section 505 of the Illinois Marriage and
28 Dissolution of Marriage Act or Section 15 of the Illinois
29 Parentage Act of 1984, any assets determined to be those of
30 the non-custodial parent, although not held in name of the
31 non-custodial parent, shall be subject to attachment or other
32 provisional remedy in accordance with the procedure
33 prescribed by this Code. The court may not authorize
-1252- LRB9000999EGfgam01
1 attachment of property or any other provisional remedy under
2 this paragraph unless it has obtained jurisdiction over the
3 entity holding title to the property by proper service on
4 that entity. With respect to assets which are real property,
5 no order entered as described in this paragraph shall affect
6 the rights of bona fide purchasers, mortgagees, judgment
7 creditors, or other lien holders who acquire their interests
8 in the property prior to the time a notice of lis pendens
9 pursuant to this Code or a copy of the order is placed of
10 record in the office of the recorder of deeds for the county
11 in which the real property is located.
12 This amendatory Act of 1995 (P.A. 89-438) is declarative
13 of existing law.
14 This amendatory Act of 1997 (P.A. 90-514) is intended as
15 a clarification of existing law and not as a new enactment.
16 (Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95;
17 90-476, eff. 1-1-98; 90-514, eff. 8-22-97; revised 11-14-97.)
18 (735 ILCS 5/13-113) (from Ch. 110, par. 13-113)
19 Sec. 13-113. Extension Extention to heirs. If the person
20 first entitled to make entry or bring such action dies during
21 the continuance of any of the disabilities mentioned in
22 Section 13-112 of this Act, and no determination or judgment
23 has been had of or upon the title, right or action which
24 accrued to him or her, the entry may be made or the action
25 brought by his or her heirs or any person claiming from, by
26 or under him or her at any time within 2 years after his or
27 her death, notwithstanding the time before limited in that
28 behalf has expired.
29 The exceptions provided in this Section shall not apply
30 to the provisions of Sections 13-118 through 13-121 of this
31 Act.
32 (Source: P.A. 82-280; revised 7-11-97.)
-1253- LRB9000999EGfgam01
1 (735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
2 Sec. 13-202.1. No limitations on certain actions -
3 Duties of Department of Corrections and State's Attorneys.
4 (a) Notwithstanding any other provision of law, any
5 action for damages against a person, however the action may
6 be designated, may be brought at any time if --
7 (1) the action is based upon conduct of a person
8 which constituted the commission of first degree murder,
9 a Class X felony, or a Class 1 felony as these terms are
10 utilized at the time of filing of the action; and
11 (2) the person was convicted of the first degree
12 murder, Class X felony, or Class 1 felony.
13 (b) The provisions of this Section are fully applicable
14 to convictions based upon defendant's accountability under
15 Section 5-2 of the Criminal Code of 1961, approved July 28,
16 1961, as amended.
17 (c) Paragraphs (a) and (b) above shall apply to any
18 cause of action regardless of the date on which the
19 defendant's conduct is alleged to have occurred or of the
20 date of any conviction resulting therefrom. In addition,
21 this Section shall be applied retroactively and shall revive
22 causes of actions which otherwise may have been barred under
23 limitations provisions in effect prior to the enactment
24 and/or effect of P.A. 84-1450.
25 (d) Whenever there is any settlement, verdict or
26 judgment in excess of $500 in any court against the
27 Department of Corrections or any past or present employee or
28 official in favor of any person for damages incurred while
29 the person was committed to the Department of Corrections,
30 the Department within 14 days of the settlement, verdict or
31 judgment shall notify the State's Attorney of the county from
32 which the person was committed to the Department. The
33 State's Attorney shall in turn within 14 days send the same
34 notice to the person or persons who were the victim or
-1254- LRB9000999EGfgam01
1 victims of the crime for which the offender was committed,
2 along with the information that the victim or victims may
3 contact the State's Attorney for advice concerning their
4 rights to sue for damages under the law. If so requested,
5 the State's Attorney's office shall provide such advice, but
6 in no instance may the State's Attorney institute a civil
7 action for damages on behalf of the victim or victims.
8 No civil action may be brought by anyone against the
9 Department of Corrections, a State's Attorney, a County, or
10 any past or present employee or agent thereof for any alleged
11 violation by any such entity or person of the notification
12 requirements imposed by this paragraph (d) (c).
13 (Source: P.A. 89-8, eff. 3-21-95; revised 12-18-97.)
14 (735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
15 Sec. 14-103. Defendant to plead. Every defendant who is
16 served with summons shall answer or otherwise plead on or
17 before the return day of the summons, unless the time for
18 doing so is extended by the court. If the defendant
19 defaults, judgment by default may be entered by the court.
20 No matters not germane to the distinctive purpose of the
21 proceeding shall be introduced by joinder, counterclaim or
22 otherwise othewise.
23 (Source: P.A. 82-280; revised 7-11-97.)
24 Section 167. The Crime Victims Compensation Act is
25 amended by changing Section 2 as follows:
26 (740 ILCS 45/2) (from Ch. 70, par. 72)
27 Sec. 2. Definitions. As used in this Act, unless the
28 context otherwise requires:
29 (a) "Applicant" means any person who applies for
30 compensation under this Act or any person the Court of Claims
31 finds is entitled to compensation, including the guardian of
-1255- LRB9000999EGfgam01
1 a minor or of a person under legal disability. It includes
2 any person who was a dependent of a deceased victim of a
3 crime of violence for his support at the time of the death of
4 that victim.
5 (b) "Court of Claims" means the Court of Claims created
6 by the Court of Claims Act.
7 (c) "Crime of violence" means and includes any offense
8 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
9 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
10 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
11 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, and
12 driving under the influence of intoxicating liquor or
13 narcotic drugs as defined in Section 11-501 of the Illinois
14 Vehicle Code, and if none of the said offenses occurred
15 during a civil riot, insurrection or rebellion. "Crime of
16 violence" does not include any other offense or accident
17 involving a motor vehicle except those vehicle offenses
18 specifically provided for in this paragraph. "Crime of
19 violence" does include all of the offenses specifically
20 provided for in this paragraph that occur within this State
21 but are subject to federal jurisdiction and crimes involving
22 terrorism as defined in 18 U.S.C. 2331.
23 (d) "Victim" means (1) a person killed or injured in
24 this State as a result of a crime of violence perpetrated or
25 attempted against him, (2) the parent of a child killed or
26 injured in this State as a result of a crime of violence
27 perpetrated or attempted against the child, (3) a person
28 killed or injured in this State while attempting to assist a
29 person against whom a crime of violence is being perpetrated
30 or attempted, if that attempt of assistance would be expected
31 of a reasonable man under the circumstances, (4) a person
32 killed or injured in this State while assisting a law
33 enforcement official apprehend a person who has perpetrated a
34 crime of violence or prevent the perpetration of any such
-1256- LRB9000999EGfgam01
1 crime if that assistance was in response to the express
2 request of the law enforcement official, (5) a child who
3 personally witnessed a violent crime perpetrated or attempted
4 against a relative, or (6) an Illinois resident who is a
5 victim of a "crime of violence" as defined in this Act
6 except, if the crime occurred outside this State, the
7 resident has the same rights under this Act as if the crime
8 had occurred in this State upon a showing that the state,
9 territory, country, or political subdivision of a country in
10 which the crime occurred does not have a compensation of
11 victims of crimes law for which that Illinois resident is
12 eligible.
13 (e) "Dependent" means a relative of a deceased victim
14 who was wholly or partially dependent upon the victim's
15 income at the time of his death and shall include the child
16 of a victim born after his death.
17 (f) "Relative" means a spouse, parent, grandparent,
18 stepfather, stepmother, child, grandchild, brother,
19 brother-in-law, sister, sister-in-law, half brother, half
20 sister, spouse's parent, nephew, niece, uncle or aunt.
21 (g) "Child" means an unmarried son or daughter who is
22 under 18 years of age and includes a stepchild, an adopted
23 child or an illegitimate child.
24 (h) "Pecuniary loss" means, in the case of injury,
25 appropriate medical expenses and hospital expenses including
26 expenses of medical examinations, rehabilitation, medically
27 required nursing care expenses, appropriate psychiatric care
28 or psychiatric counseling expenses, expenses for care or
29 counseling by a licensed clinical psychologist or licensed
30 clinical social worker and expenses for treatment by
31 Christian Science practitioners and nursing care appropriate
32 thereto; prosthetic appliances, eyeglasses, and hearing aids
33 necessary or damaged as a result of the crime; the purchase,
34 lease, or rental of equipment necessary to create usability
-1257- LRB9000999EGfgam01
1 of and accessibility to the victim's real and personal
2 property, or the real and personal property which is used by
3 the victim, necessary as a result of the crime; replacement
4 services loss, to a maximum of $1000 per month; dependents
5 replacement services loss, to a maximum of $1000 per month;
6 loss of tuition paid to attend grammar school or high school
7 when the victim had been enrolled as a full-time student
8 prior to the injury, or college or graduate school when the
9 victim had been enrolled as a full-time day or night student
10 prior to the injury when the victim becomes unable to
11 continue attendance at school as a result of the crime of
12 violence perpetrated against him; loss of earnings, loss of
13 future earnings because of disability resulting from the
14 injury, and, in addition, in the case of death, funeral and
15 burial expenses to a maximum of $3000 and loss of support of
16 the dependents of the victim. Loss of future earnings shall
17 be reduced by any income from substitute work actually
18 performed by the victim or by income he would have earned in
19 available appropriate substitute work he was capable of
20 performing but unreasonably failed to undertake. Loss of
21 earnings, loss of future earnings and loss of support shall
22 be determined on the basis of the victim's average net
23 monthly earnings for the 6 months immediately preceding the
24 date of the injury or on $1000 per month, whichever is less.
25 If a divorced or legally separated applicant is claiming loss
26 of support for a minor child of the deceased, the amount of
27 support for each child shall be based either on the amount of
28 support the minor child received pursuant to the judgment for
29 the 6 months prior to the date of the deceased victim's
30 injury or death, or, if the subject of pending litigation
31 filed by or on behalf of the divorced or legally separated
32 applicant prior to the injury or death, on the result of that
33 litigation. Real and personal property includes, but is not
34 limited to, vehicles, houses, apartments, town houses, or
-1258- LRB9000999EGfgam01
1 condominiums. Pecuniary loss does not include pain and
2 suffering or property loss or damage.
3 (i) "Replacement services loss" means expenses
4 reasonably incurred in obtaining ordinary and necessary
5 services in lieu of those the permanently injured person
6 would have performed, not for income, but for the benefit of
7 himself or his family, if he had not been permanently
8 injured.
9 (j) "Dependents replacement services loss" means loss
10 reasonably incurred by dependents after a victim's death in
11 obtaining ordinary and necessary services in lieu of those
12 the victim would have performed, not for income, but for
13 their benefit, if he had not been fatally injured.
14 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
15 89-462, eff. 5-29-96; 90-136, eff. 1-1-98; 90-492, eff.
16 8-17-97; revised 11-14-97.)
17 Section 168. The Drug Dealer Liability Act is amended by
18 changing Section 60 as follows:
19 (740 ILCS 57/60)
20 Sec. 60. Standard of proof; effect of criminal drug
21 conviction.
22 (a) Proof of participation in the illegal drug market in
23 an action brought under this Act shall be shown by clear and
24 convincing evidence. Except as otherwise provided in this
25 Act, other elements of the cause of action shall be shown by
26 a preponderance of the evidence.
27 (b) A person against whom recovery is sought who has a
28 criminal conviction under state drug laws or the
29 Comprehensive Drug Abuse Prevention and Control Act of 1970
30 (Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C.
31 Section 801 et seq.) is estopped from denying participation
32 in the illegal drug market. Such a conviction is also prima
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1 facie evidence of the person's participation in the illegal
2 drug market during the 2 years preceding the date of an act
3 giving rise to a conviction.
4 (c) The absence of criminal drug conviction of a person
5 against whom recovery is sought does not bar bear an action
6 against that person.
7 (Source: P.A. 89-293, eff. 1-1-96; revised 12-18-97.)
8 Section 169. The Mental Health and Developmental
9 Disabilities Confidentiality Act is amended by changing
10 Sections 5 and 11 as follows:
11 (740 ILCS 110/5) (from Ch. 91 1/2, par. 805)
12 Sec. 5. Disclosure; consent.
13 (a) Except as provided in Sections 6 through 12.2 of
14 this Act, records and communications may be disclosed to
15 someone other than those persons listed in Section 4 of this
16 Act only with the written consent of those persons who are
17 entitled to inspect and copy a recipient's record pursuant to
18 Section 4 of this Act.
19 (b) Every consent form shall be in writing and shall
20 specify the following:
21 (1) the person or agency to whom disclosure is to
22 be made;
23 (2) the purpose for which disclosure is to be made;
24 (3) the nature of the information to be disclosed;
25 (4) the right to inspect and copy the information
26 to be disclosed;
27 (5) the consequences of a refusal to consent, if any;
28 and
29 (6) the calendar date on which the consent expires,
30 provided that if no calendar date is stated, information
31 may be released only on the day the consent form is
32 received by the therapist; and
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1 (7) the right to revoke the consent at any time.
2 The consent form shall be signed by the person entitled
3 to give consent and the signature shall be witnessed by a
4 person who can attest to the identity of the person so
5 entitled. A copy of the consent and a notation as to any
6 action taken thereon shall be entered in the recipient's
7 record. Any revocation of consent shall be in writing, signed
8 by the person who gave the consent and the signature shall be
9 witnessed by a person who can attest to the identity of the
10 person so entitled. No written revocation of consent shall
11 be effective to prevent disclosure of records and
12 communications until it is received by the person otherwise
13 authorized to disclose records and communications.
14 (c) Only information relevant to the purpose for which
15 disclosure is sought may be disclosed. Blanket consent to
16 the disclosure of unspecified information shall not be valid.
17 Advance consent may be valid only if the nature of the
18 information to be disclosed is specified in detail and the
19 duration of the consent is indicated. Consent may be revoked
20 in writing at any time; any such revocation shall have no
21 effect on disclosures made prior thereto.
22 (d) No person or agency to whom any information is
23 disclosed under this Section may redisclose such information
24 unless the person who consented to the disclosure
25 specifically consents to such redisclosure.
26 (e) Except as otherwise provided in this Act, records
27 and communications shall remain confidential after the death
28 of a recipient and shall not be disclosed unless the
29 recipient's representative, as defined in the Probate Act of
30 1975 and the therapist consent to such disclosure or unless
31 disclosure is authorized by court order after in camera
32 examination and upon good cause shown.
33 (f) Paragraphs (a) through (e) of this Section shall not
34 apply to and shall not be construed to limit insurance
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1 companies writing Life, Accident or Health insurance as
2 defined in Section 4 of the Illinois Insurance Code, and
3 Non-Profit Health Care Service Plan Corporations, writing
4 Health Care Service contracts, under The Non-profit Health
5 Care Service Plan Act, in obtaining general consents for the
6 release to them or their designated representatives of any
7 and all confidential communications and records kept by
8 agencies, hospitals, therapists or record custodians, and
9 utilizing such information in connection with the
10 underwriting of applications for coverage for such policies
11 or contracts, or in connection with evaluating claims or
12 liability under such policies or contracts, or coordinating
13 benefits pursuant to policy or contract provisions.
14 (Source: P.A. 85-666; 85-971; 86-1417; revised 1-21-98.)
15 (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
16 Sec. 11. Disclosure of records and communications.
17 Records and communications may be disclosed, (i) in
18 accordance with the provisions of the Abused and Neglected
19 Child Reporting Act; (ii) when, and to the extent, a
20 therapist, in his or her sole discretion, determines that
21 disclosure is necessary to initiate or continue civil
22 commitment proceedings under the laws of this State or to
23 otherwise protect the recipient or other person against a
24 clear, imminent risk of serious physical or mental injury or
25 disease or death being inflicted upon the recipient or by the
26 recipient on himself or another; (iii) when, and to the
27 extent disclosure is, in the sole discretion of the
28 therapist, necessary to the provision of emergency medical
29 care to a recipient who is unable to assert or waive his or
30 her rights hereunder; (iv) when disclosure is necessary to
31 collect sums or receive third party payment representing
32 charges for mental health or developmental disabilities
33 services provided by a therapist or agency to a recipient
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1 under Chapter V of the Mental Health and Developmental
2 Disabilities Code or to transfer debts under the Uncollected
3 State Claims Act; however, disclosure shall be limited to
4 information needed to pursue collection, and the information
5 so disclosed shall not be used for any other purposes nor
6 shall it be redisclosed except in connection with collection
7 activities; (v) when requested by a family member, the
8 Department of Human Services may assist in the location of
9 the interment site of a deceased recipient who is interred in
10 a cemetery established under Section 100-26 of the Mental
11 Health and Developmental Disabilities Administrative Act;
12 (vi) in judicial proceedings under Article VIII of Chapter
13 III and Article V of Chapter IV of the Mental Health and
14 Developmental Disabilities Code and proceedings and
15 investigations preliminary thereto, to the State's Attorney
16 for the county or residence of a person who is the subject of
17 such proceedings, or in which the person is found, or in
18 which the facility is located, to the attorney representing
19 the recipient in the judicial proceedings, to any person or
20 agency providing mental health services that are the subject
21 of the proceedings and to that person's or agency's attorney,
22 to any court personnel, including but not limited to judges
23 and circuit court clerks, and to a guardian ad litem if one
24 has been appointed by the court, provided that the
25 information so disclosed shall not be utilized for any other
26 purpose nor be redisclosed except in connection with the
27 proceedings or investigations; (vii) when, and to the extent
28 disclosure is necessary to comply with the requirements of
29 the Census Bureau in taking the federal Decennial Census;
30 (viii) when, and to the extent, in the therapist's sole
31 discretion, disclosure is necessary to warn or protect a
32 specific individual against whom a recipient has made a
33 specific threat of violence where there exists a
34 therapist-recipient relationship or a special
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1 recipient-individual relationship; (ix) in accordance with
2 the Sex Offender Registration Act; and (x) in accordance with
3 the Rights of Crime Victims and Witnesses Act. Any person,
4 institution, or agency, under this Act, participating in good
5 faith in the making of a report under the Abused and
6 Neglected Child Reporting Act or in the disclosure of records
7 and communications under this Section, shall have immunity
8 from any liability, civil, criminal or otherwise, that might
9 result by reason of such action. For the purpose of any
10 proceeding, civil or criminal, arising out of a report or
11 disclosure under this Section, the good faith of any person,
12 institution, or agency so reporting or disclosing shall be
13 presumed.
14 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97;
15 90-423, eff. 8-15-97; 90-538, eff. 12-1-97; revised 1-6-98.)
16 Section 170. The Illinois Marriage and Dissolution of
17 Marriage Act is amended by changing Sections 505 and 706.1 as
18 follows:
19 (750 ILCS 5/505) (from Ch. 40, par. 505)
20 Sec. 505. Child support; contempt; penalties.
21 (a) In a proceeding for dissolution of marriage, legal
22 separation, declaration of invalidity of marriage, a
23 proceeding for child support following dissolution of the
24 marriage by a court which lacked personal jurisdiction over
25 the absent spouse, a proceeding for modification of a
26 previous order for child support under Section 510 of this
27 Act, or any proceeding authorized under Section 501 or 601 of
28 this Act, the court may order either or both parents owing a
29 duty of support to a child of the marriage to pay an amount
30 reasonable and necessary for his support, without regard to
31 marital misconduct. The duty of support owed to a minor
32 child includes the obligation to provide for the reasonable
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1 and necessary physical, mental and emotional health needs of
2 the child.
3 (1) The Court shall determine the minimum amount of
4 support by using the following guidelines:
5 Number of Children Percent of Supporting Party's
6 Net Income
7 1 20%
8 2 25%
9 3 32%
10 4 40%
11 5 45%
12 6 or more 50%
13 (2) The above guidelines shall be applied in each
14 case unless the court makes a finding that application of
15 the guidelines would be inappropriate, after considering
16 the best interests of the child in light of evidence
17 including but not limited to one or more of the following
18 relevant factors:
19 (a) the financial resources and needs of the
20 child;
21 (b) the financial resources and needs of the
22 custodial parent;
23 (c) the standard of living the child would
24 have enjoyed had the marriage not been dissolved;
25 (d) the physical and emotional condition of
26 the child, and his educational needs; and
27 (e) the financial resources and needs of the
28 non-custodial parent.
29 If the court deviates from the guidelines, the
30 court's finding shall state the amount of support that
31 would have been required under the guidelines, if
32 determinable. The court shall include the reason or
33 reasons for the variance from the guidelines.
34 (3) "Net income" is defined as the total of all
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1 income from all sources, minus the following deductions:
2 (a) Federal income tax (properly calculated
3 withholding or estimated payments);
4 (b) State income tax (properly calculated
5 withholding or estimated payments);
6 (c) Social Security (FICA payments);
7 (d) Mandatory retirement contributions
8 required by law or as a condition of employment;
9 (e) Union dues;
10 (f) Dependent and individual
11 health/hospitalization insurance premiums;
12 (g) Prior obligations of support or
13 maintenance actually paid pursuant to a court order;
14 (h) Expenditures for repayment of debts that
15 represent reasonable and necessary expenses for the
16 production of income, medical expenditures necessary
17 to preserve life or health, reasonable expenditures
18 for the benefit of the child and the other parent,
19 exclusive of gifts. The court shall reduce net
20 income in determining the minimum amount of support
21 to be ordered only for the period that such payments
22 are due and shall enter an order containing
23 provisions for its self-executing modification upon
24 termination of such payment period.
25 (4) In cases where the court order provides for
26 health/hospitalization insurance coverage pursuant to
27 Section 505.2 of this Act, the premiums for that
28 insurance, or that portion of the premiums for which the
29 supporting party is responsible in the case of insurance
30 provided through an employer's health insurance plan
31 where the employer pays a portion of the premiums, shall
32 be subtracted from net income in determining the minimum
33 amount of support to be ordered.
34 (4.5) In a proceeding for child support following
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1 dissolution of the marriage by a court that lacked
2 personal jurisdiction over the absent spouse, and in
3 which the court is requiring payment of support for the
4 period before the date an order for current support is
5 entered, there is a rebuttable presumption that the
6 supporting party's net income for the prior period was
7 the same as his or her net income at the time the order
8 for current support is entered.
9 (5) If the net income cannot be determined because
10 of default or any other reason, the court shall order
11 support in an amount considered reasonable in the
12 particular case. The final order in all cases shall
13 state the support level in dollar amounts.
14 (b) Failure of either parent to comply with an order to
15 pay support shall be punishable as in other cases of
16 contempt. In addition to other penalties provided by law the
17 Court may, after finding the parent guilty of contempt, order
18 that the parent be:
19 (1) placed on probation with such conditions of
20 probation as the Court deems advisable;
21 (2) sentenced to periodic imprisonment for a period
22 not to exceed 6 months; provided, however, that the Court
23 may permit the parent to be released for periods of time
24 during the day or night to:
25 (A) work; or
26 (B) conduct a business or other self-employed
27 occupation.
28 The Court may further order any part or all of the
29 earnings of a parent during a sentence of periodic
30 imprisonment paid to the Clerk of the Circuit Court or to the
31 parent having custody or to the guardian having custody of
32 the minor children of the sentenced parent for the support of
33 said minor children until further order of the Court.
34 If there is a unity of interest and ownership sufficient
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1 to render no financial separation between a non-custodial
2 parent and another person or persons or business entity, the
3 court may pierce the ownership veil of the person, persons,
4 or business entity to discover assets of the non-custodial
5 parent held in the name of that person, those persons, or
6 that business entity. The following circumstances are
7 sufficient to authorize a court to order discovery of the
8 assets of a person, persons, or business entity and to compel
9 the application of any discovered assets toward payment on
10 the judgment for support:
11 (1) the non-custodial parent and the person,
12 persons, or business entity maintain records together.
13 (2) the non-custodial parent and the person,
14 persons, or business entity fail to maintain an arms
15 length relationship between themselves with regard to any
16 assets.
17 (3) the non-custodial parent transfers assets to
18 the person, persons, or business entity with the intent
19 to perpetrate a fraud on the custodial parent.
20 With respect to assets which are real property, no order
21 entered under this paragraph shall affect the rights of bona
22 fide purchasers, mortgagees, judgment creditors, or other
23 lien holders who acquire their interests in the property
24 prior to the time a notice of lis pendens pursuant to the
25 Code of Civil Procedure or a copy of the order is placed of
26 record in the office of the recorder of deeds for the county
27 in which the real property is located.
28 The court may also order in cases where the parent is 90
29 days or more delinquent in payment of support or has been
30 adjudicated in arrears in an amount equal to 90 days
31 obligation or more, that the parent's Illinois driving
32 privileges be suspended until the court determines that the
33 parent is in compliance with the order of support. The court
34 may also order that the parent be issued a family financial
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1 responsibility driving permit that would allow limited
2 driving privileges for employment and medical purposes in
3 accordance with Section 7-702.1 of the Illinois Vehicle Code.
4 The clerk of the circuit court shall certify the order
5 suspending the driving privileges of the parent or granting
6 the issuance of a family financial responsibility driving
7 permit to the Secretary of State on forms prescribed by the
8 Secretary. Upon receipt of the authenticated documents, the
9 Secretary of State shall suspend the parent's driving
10 privileges until further order of the court and shall, if
11 ordered by the court, subject to the provisions of Section
12 7-702.1 of the Illinois Vehicle Code, issue a family
13 financial responsibility driving permit to the parent.
14 (c) A one-time charge of 20% is imposable upon the
15 amount of past-due child support owed on July 1, 1988 which
16 has accrued under a support order entered by the court. The
17 charge shall be imposed in accordance with the provisions of
18 Section 10-21 of the Illinois Public Aid Code and shall be
19 enforced by the court upon petition.
20 (d) Any new or existing support order entered by the
21 court under this Section shall be deemed to be a series of
22 judgments against the person obligated to pay support
23 thereunder, each such judgment to be in the amount of each
24 payment or installment of support and each such judgment to
25 be deemed entered as of the date the corresponding payment or
26 installment becomes due under the terms of the support order.
27 Each such judgment shall have the full force, effect and
28 attributes of any other judgment of this State, including the
29 ability to be enforced. A lien arises by operation of law
30 against the real and personal property of the noncustodial
31 parent for each installment of overdue support owed by the
32 noncustodial parent.
33 (e) When child support is to be paid through the clerk
34 of the court in a county of 1,000,000 inhabitants or less,
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1 the order shall direct the obligor to pay to the clerk, in
2 addition to the child support payments, all fees imposed by
3 the county board under paragraph (3) of subsection (u) of
4 Section 27.1 of the Clerks of Courts Act. Unless paid in
5 cash or pursuant to an order for withholding, the payment of
6 the fee shall be by a separate instrument from the support
7 payment and shall be made to the order of the Clerk.
8 (f) All orders for support, when entered or modified,
9 shall include a provision requiring the obligor to notify the
10 court and, in cases in which a party is receiving child and
11 spouse services under Article X of the Illinois Public Aid
12 Code, the Illinois Department of Public Aid, within 7 days,
13 (i) of the name and address of any new employer of the
14 obligor, (ii) whether the obligor has access to health
15 insurance coverage through the employer or other group
16 coverage and, if so, the policy name and number and the names
17 of persons covered under the policy, and (iii) of any new
18 residential or mailing address or telephone number of the
19 non-custodial parent. In any subsequent action to enforce a
20 support order, upon a sufficient showing that a diligent
21 effort has been made to ascertain the location of the
22 non-custodial parent, service of process or provision of
23 notice necessary in the case may be made at the last known
24 address of the non-custodial parent in any manner expressly
25 provided by the Code of Civil Procedure or this Act, which
26 service shall be sufficient for purposes of due process.
27 (g) An order for support shall include a date on which
28 the current support obligation terminates. The termination
29 date shall be no earlier than the date on which the child
30 covered by the order will attain the age of majority or is
31 otherwise emancipated. The order for support shall state that
32 the termination date does not apply to any arrearage that may
33 remain unpaid on that date. Nothing in this subsection shall
34 be construed to prevent the court from modifying the order.
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1 (h) An order entered under this Section shall include a
2 provision requiring the obligor to report to the obligee and
3 to the clerk of court within 10 days each time the obligor
4 obtains new employment, and each time the obligor's
5 employment is terminated for any reason. The report shall be
6 in writing and shall, in the case of new employment, include
7 the name and address of the new employer. Failure to report
8 new employment or the termination of current employment, if
9 coupled with nonpayment of support for a period in excess of
10 60 days, is indirect criminal contempt. For any obligor
11 arrested for failure to report new employment bond shall be
12 set in the amount of the child support that should have been
13 paid during the period of unreported employment. An order
14 entered under this Section shall also include a provision
15 requiring the obligor and obligee parents to advise each
16 other of a change in residence within 5 days of the change
17 except when the court finds that the physical, mental, or
18 emotional health of a party or that of a minor child, or
19 both, would be seriously endangered by disclosure of the
20 party's address.
21 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
22 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
23 90-539, eff. 6-1-98; revised 12-15-97.)
24 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
25 Sec. 706.1. Withholding of Income to Secure Payment of
26 Support.
27 (A) Definitions.
28 (1) "Order for support" means any order of the court
29 which provides for periodic payment of funds for the support
30 of a child or maintenance of a spouse, whether temporary or
31 final, and includes any such order which provides for:
32 (a) Modification or resumption of, or payment of
33 arrearage accrued under, a previously existing order;
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1 (b) Reimbursement of support; or
2 (c) Enrollment in a health insurance plan that is
3 available to the obligor through an employer or labor
4 union or trade union.
5 (2) "Arrearage" means the total amount of unpaid support
6 obligations as determined by the court and incorporated into
7 an order for support.
8 (3) "Delinquency" means any payment under an order for
9 support which becomes due and remains unpaid after entry of
10 the order for support.
11 (4) "Income" means any form of periodic payment to an
12 individual, regardless of source, including, but not limited
13 to: wages, salary, commission, compensation as an independent
14 contractor, workers' compensation, disability, annuity,
15 pension, and retirement benefits, lottery prize awards,
16 insurance proceeds, vacation pay, bonuses, profit-sharing
17 payments, interest, and any other payments, made by any
18 person, private entity, federal or state government, any unit
19 of local government, school district or any entity created by
20 Public Act; however, "income" excludes:
21 (a) Any amounts required by law to be withheld,
22 other than creditor claims, including, but not limited
23 to, federal, State and local taxes, Social Security and
24 other retirement and disability contributions;
25 (b) Union dues;
26 (c) Any amounts exempted by the federal Consumer
27 Credit Protection Act;
28 (d) Public assistance payments; and
29 (e) Unemployment insurance benefits except as
30 provided by law.
31 Any other State or local laws which limit or exempt
32 income or the amount or percentage of income that can be
33 withheld shall not apply.
34 (5) "Obligor" means the individual who owes a duty to
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1 make payments under an order for support.
2 (6) "Obligee" means the individual to whom a duty of
3 support is owed or the individual's legal representative.
4 (7) "Payor" means any payor of income to an obligor.
5 (8) "Public office" means any elected official or any
6 State or local agency which is or may become responsible by
7 law for enforcement of, or which is or may become authorized
8 to enforce, an order for support, including, but not limited
9 to: the Attorney General, the Illinois Department of Public
10 Aid, the Illinois Department of Human Services, the Illinois
11 Department of Children and Family Services, and the various
12 State's Attorneys, Clerks of the Circuit Court and
13 supervisors of general assistance.
14 (9) "Premium" means the dollar amount for which the
15 obligor is liable to his employer or labor union or trade
16 union and which must be paid to enroll or maintain a child in
17 a health insurance plan that is available to the obligor
18 through an employer or labor union or trade union.
19 (B) Entry of Order for Support Containing Income Withholding
20 Provisions; Income Withholding Notice.
21 (1) In addition to any content required under other
22 laws, every order for support entered on or after July 1,
23 1997, shall:
24 (a) Require an income withholding notice to be
25 prepared and served immediately upon any payor of the
26 obligor by the obligee or public office, unless a written
27 agreement is reached between and signed by both parties
28 providing for an alternative arrangement, approved and
29 entered into the record by the court, which ensures
30 payment of support. In that case, the order for support
31 shall provide that an income withholding notice is to be
32 prepared and served only if the obligor becomes
33 delinquent in paying the order for support; and
34 (b) Contain a dollar amount to be paid until
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1 payment in full of any delinquency that accrues after
2 entry of the order for support. The amount for payment
3 of delinquency shall not be less than 20% of the total of
4 the current support amount and the amount to be paid
5 periodically for payment of any arrearage stated in the
6 order for support; and
7 (c) Include the obligor's Social Security Number,
8 which the obligor shall disclose to the court. If the
9 obligor is not a United States citizen, the obligor shall
10 disclose to the court, and the court shall include in the
11 order for support, the obligor's alien registration
12 number, passport number, and home country's social
13 security or national health number, if applicable.
14 (2) At the time the order for support is entered, the
15 Clerk of the Circuit Court shall provide a copy of the order
16 to the obligor and shall make copies available to the obligee
17 and public office.
18 (3) The income withholding notice shall:
19 (a) Be in the standard format prescribed by the
20 federal Department of Health and Human Services; and
21 (b) Direct any payor to withhold the dollar amount
22 required for current support under the order for support;
23 and
24 (c) Direct any payor to withhold the dollar amount
25 required to be paid periodically under the order for
26 support for payment of the amount of any arrearage stated
27 in the order for support; and
28 (d) Direct any payor or labor union or trade union
29 to enroll a child as a beneficiary of a health insurance
30 plan and withhold or cause to be withheld, if applicable,
31 any required premiums; and
32 (e) State the amount of the payor income
33 withholding fee specified under this Section; and
34 (f) State that the amount actually withheld from
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1 the obligor's income for support and other purposes,
2 including the payor withholding fee specified under this
3 Section, may not be in excess of the maximum amount
4 permitted under the federal Consumer Credit Protection
5 Act; and
6 (g) State the duties of the payor and the fines and
7 penalties for failure to withhold and pay over income and
8 for discharging, disciplining, refusing to hire, or
9 otherwise penalizing the obligor because of the duty to
10 withhold and pay over income under this Section; and
11 (h) State the rights, remedies, and duties of the
12 obligor under this Section; and
13 (i) Include the obligor's Social Security Number;
14 and
15 (j) Include the date that withholding for current
16 support terminates, which shall be the date of
17 termination of the current support obligation set forth
18 in the order for support.
19 (4) The accrual of a delinquency as a condition for
20 service of an income withholding notice, under the exception
21 to immediate withholding in paragraph (1) of this subsection,
22 shall apply only to the initial service of an income
23 withholding notice on a payor of the obligor.
24 (5) Notwithstanding the exception to immediate
25 withholding contained in paragraph (1) of this subsection, if
26 the court finds at the time of any hearing that an arrearage
27 has accrued, the court shall order immediate service of an
28 income withholding notice upon the payor.
29 (6) If the order for support, under the exception to
30 immediate withholding contained in paragraph (1) of this
31 subsection, provides that an income withholding notice is to
32 be prepared and served only if the obligor becomes delinquent
33 in paying the order for support, the obligor may execute a
34 written waiver of that condition and request immediate
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1 service on the payor.
2 (7) The obligee or public office may serve the income
3 withholding notice on the payor or its superintendent,
4 manager, or other agent by ordinary mail or certified mail
5 return receipt requested, by facsimile transmission or other
6 electronic means, by personal delivery, or by any method
7 provided by law for service of a summons. At the time of
8 service on the payor and as notice that withholding has
9 commenced, the obligee or public office shall serve a copy of
10 the income withholding notice on the obligor by ordinary mail
11 addressed to his or her last known address. Proofs of
12 service on the payor and the obligor shall be filed with the
13 Clerk of the Circuit Court.
14 (8) At any time after the initial service of an income
15 withholding notice under this Section, any other payor of the
16 obligor may be served with the same income withholding notice
17 without further notice to the obligor.
18 (9) (4) New service of an income order for withholding
19 notice is not required in order to resume withholding of
20 income in the case of an obligor with respect to whom an
21 income order for withholding notice was previously served on
22 the payor if withholding of income was terminated because of
23 an interruption in the obligor's employment of less than 180
24 days.
25 (C) Income Withholding After Accrual of Delinquency.
26 (1) Whenever an obligor accrues a delinquency, the
27 obligee or public office may prepare and serve upon the
28 obligor's payor an income withholding notice that:
29 (a) Contains the information required under
30 paragraph (3) of subsection (B); and
31 (b) Contains a computation of the period and total
32 amount of the delinquency as of the date of the notice;
33 and
34 (c) Directs the payor to withhold the dollar amount
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1 required to be withheld periodically under the order for
2 support for payment of the delinquency.
3 (2) The income withholding notice and the obligor's copy
4 of the income withholding notice shall be served as provided
5 in paragraph (7) of subsection (B).
6 (3) The obligor may contest withholding commenced under
7 this subsection by filing a petition to contest withholding
8 with the Clerk of the Circuit Court within 20 days after
9 service of a copy of the income withholding notice on the
10 obligor. However, the grounds for the petition to contest
11 withholding shall be limited to:
12 (a) A dispute concerning the existence or amount of
13 the delinquency; or
14 (b) The identity of the obligor.
15 The Clerk of the Circuit Court shall notify the obligor
16 and the obligee or public office of the time and place of the
17 hearing on the petition to contest withholding. The court
18 shall hold the hearing pursuant to the provisions of
19 subsection (F).
20 (D) Initiated Withholding.
21 (1) Notwithstanding any other provision of this Section,
22 if the court has not required that income withholding take
23 effect immediately, the obligee or public office may initiate
24 withholding, regardless of whether a delinquency has accrued,
25 by preparing and serving an income withholding notice on the
26 payor that contains the information required under paragraph
27 (3) of subsection (B) and states that the parties' written
28 agreement providing an alternative arrangement to immediate
29 withholding under paragraph (1) of subsection (B) no longer
30 ensures payment of support due and the reason or reasons why
31 it does not.
32 (2) The income withholding notice and the obligor's copy
33 of the income withholding notice shall be served as provided
34 in paragraph (7) of subsection (B).
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1 (3) The obligor may contest withholding commenced under
2 this subsection by filing a petition to contest withholding
3 with the Clerk of the Circuit Court within 20 days after
4 service of a copy of the income withholding notice on the
5 obligor. However, the grounds for the petition shall be
6 limited to a dispute concerning:
7 (a) whether the parties' written agreement providing
8 an alternative arrangement to immediate withholding under
9 paragraph (1) of subsection (B) continues to ensure
10 payment of support; or
11 (b) the identity of the obligor.
12 It shall not be grounds for filing a petition that the
13 obligor has made all payments due by the date of the
14 petition.
15 (4) If the obligor files a petition contesting
16 withholding within the 20-day period required under paragraph
17 (3), the Clerk of the Circuit Court shall notify the obligor
18 and the obligee or public office, as appropriate, of the time
19 and place of the hearing on the petition. The court shall
20 hold the hearing pursuant to the provisions of subsection
21 (F). regular or facsimile regular or facsimile
22 (E) Duties of Payor.
23 (1) It shall be the duty of any payor who has been
24 served with an income withholding notice to deduct and pay
25 over income as provided in this subsection. The payor shall
26 deduct the amount designated in the income withholding
27 notice, as supplemented by any notice provided pursuant to
28 paragraph (6) of subsection (G), beginning no later than the
29 next payment of income which is payable or creditable to the
30 obligor that occurs 14 days following the date the income
31 withholding notice was mailed, sent by facsimile or other
32 electronic means, or placed for personal delivery to or
33 service on the payor. The payor may combine all amounts
34 withheld for the benefit of an obligee or public office into
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1 a single payment and transmit the payment with a listing of
2 obligors from whom withholding has been effected. The payor
3 shall pay the amount withheld to the obligee or public office
4 within 7 business days after the date the amount would (but
5 for the duty to withhold income) have been paid or credited
6 to the obligor. If the payor knowingly fails to pay any
7 amount withheld to the obligee or public office within 7
8 business days after the date the amount would have been paid
9 or credited to the obligor, the payor shall pay a penalty of
10 $100 for each day that the withheld amount is not paid to the
11 obligee or public office after the period of 7 business days
12 has expired. The failure of a payor, on more than one
13 occasion, to pay amounts withheld to the obligee or public
14 office within 7 business days after the date the amount would
15 have been paid or credited to the obligor creates a
16 presumption that the payor knowingly failed to pay over the
17 amounts. This penalty may be collected in a civil action
18 which may be brought against the payor in favor of the
19 obligee or public office. A finding of a payor's
20 nonperformance within the time required under this Section
21 must be documented by a certified mail return receipt showing
22 the date the income order for withholding notice was served
23 on the payor. For purposes of this Section, a withheld amount
24 shall be considered paid by a payor on the date it is mailed
25 by the payor, or on the date an electronic funds transfer of
26 the amount has been initiated by the payor, or on the date
27 delivery of the amount has been initiated by the payor. For
28 each deduction, the payor shall provide the obligee or public
29 office, at the time of transmittal, with the date the amount
30 would (but for the duty to withhold income) have been paid or
31 credited to the obligor.
32 Upon receipt of an income withholding notice requiring
33 that a minor child be named as a beneficiary of a health
34 insurance plan available through an employer or labor union
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1 or trade union, the employer or labor union or trade union
2 shall immediately enroll the minor child as a beneficiary in
3 the health insurance plan designated by the income
4 withholding notice. The employer shall withhold any required
5 premiums and pay over any amounts so withheld and any
6 additional amounts the employer pays to the insurance carrier
7 in a timely manner. The employer or labor union or trade
8 union shall mail to the obligee, within 15 days of enrollment
9 or upon request, notice of the date of coverage, information
10 on the dependent coverage plan, and all forms necessary to
11 obtain reimbursement for covered health expenses, such as
12 would be made available to a new employee. When an order for
13 dependent coverage is in effect and the insurance coverage is
14 terminated or changed for any reason, the employer or labor
15 union or trade union shall notify the obligee within 10 days
16 of the termination or change date along with notice of
17 conversion privileges.
18 For withholding of income, the payor shall be entitled to
19 receive a fee not to exceed $5 per month to be taken from the
20 income to be paid to the obligor.
21 (2) Whenever the obligor is no longer receiving income
22 from the payor, the payor shall return a copy of the income
23 withholding notice to the obligee or public office and shall
24 provide information for the purpose of enforcing this
25 Section.
26 (3) Withholding of income under this Section shall be
27 made without regard to any prior or subsequent garnishments,
28 attachments, wage assignments, or any other claims of
29 creditors. Withholding of income under this Section shall
30 not be in excess of the maximum amounts permitted under the
31 federal Consumer Credit Protection Act. If the payor has been
32 served with more than one income withholding notice
33 pertaining to the same obligor, the payor shall allocate
34 income available for withholding on a proportionate share
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1 basis, giving priority to current support payments. If there
2 is any income available for withholding after withholding for
3 all current support obligations, the payor shall allocate the
4 income to past due support payments ordered in cases in which
5 cash assistance under the Illinois Public Aid Code is not
6 being provided to the obligee and then to past due support
7 payments ordered in cases in which cash assistance under the
8 Illinois Public Aid Code is being provided to the obligee,
9 both on a proportionate share basis. A payor who complies
10 with an income withholding notice that is regular on its face
11 shall not be subject to civil liability with respect to any
12 individual, any agency, or any creditor of the obligor for
13 conduct in compliance with the notice.
14 (4) No payor shall discharge, discipline, refuse to hire
15 or otherwise penalize any obligor because of the duty to
16 withhold income.
17 (F) Petitions to Contest Withholding or to Modify, Suspend,
18 Terminate, or Correct Income Withholding Notices.
19 (1) When an obligor files a petition to contest
20 withholding, the court, after due notice to all parties,
21 shall hear the matter as soon as practicable and shall enter
22 an order granting or denying relief, ordering service of an
23 amended income withholding notice, where applicable, or
24 otherwise resolving the matter.
25 The court shall deny the obligor's petition if the court
26 finds that when the income withholding notice was mailed,
27 sent by facsimile transmission or other electronic means, or
28 placed for personal delivery to or service on the payor:
29 (a) A delinquency existed; or
30 (b) The parties' written agreement providing an
31 alternative arrangement to immediate withholding under
32 paragraph (1) of subsection (B) no longer ensured payment
33 of support.
34 (2) At any time, an obligor, obligee, public office or
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1 Clerk of the Circuit Court may petition the court to:
2 (a) Modify, suspend or terminate the income
3 withholding notice because of a modification, suspension
4 or termination of the underlying order for support; or
5 (b) Modify the amount of income to be withheld to
6 reflect payment in full or in part of the delinquency or
7 arrearage by income withholding or otherwise; or
8 (c) Suspend the income withholding notice because
9 of inability to deliver income withheld to the obligee
10 due to the obligee's failure to provide a mailing address
11 or other means of delivery.
12 (3) At any time an obligor may petition the court to
13 correct a term contained in an income withholding notice to
14 conform to that stated in the underlying order for support
15 for:
16 (a) The amount of current support;
17 (b) The amount of the arrearage;
18 (c) The periodic amount for payment of the
19 arrearage; or
20 (d) The periodic amount for payment of the
21 delinquency.
22 (4) The obligor, obligee or public office shall serve on
23 the payor, in the manner provided for service of income
24 withholding notices in paragraph (7) of subsection (B), a
25 copy of any order entered pursuant to this subsection that
26 affects the duties of the payor.
27 (5) At any time, a public office or Clerk of the Circuit
28 Court may serve a notice on the payor to:
29 (a) Cease withholding of income for payment of
30 current support for a child when the support obligation
31 for that child has automatically ceased under the order
32 for support through emancipation or otherwise; or
33 (b) Cease withholding of income for payment of
34 delinquency or arrearage when the delinquency or
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1 arrearage has been paid in full.
2 (6) The notice provided for under paragraph (5) of this
3 subsection shall be served on the payor in the manner
4 provided for service of income withholding notices in
5 paragraph (7) of subsection (B), and a copy shall be provided
6 to the obligor and the obligee.
7 (7) The income withholding notice shall continue to be
8 binding upon the payor until service of an amended income
9 withholding notice or any order of the court or notice
10 entered or provided for under this subsection.
11 (G) Additional Duties.
12 (1) An obligee who is receiving income withholding
13 payments under this Section shall notify the payor, if the
14 obligee receives the payments directly from the payor, or the
15 public office or the Clerk of the Circuit Court, as
16 appropriate, of any change of address within 7 days of such
17 change.
18 (2) An obligee who is a recipient of public aid shall
19 send a copy of any notice served by the obligee to the
20 Division of Child Support Enforcement of the Illinois
21 Department of Public Aid.
22 (3) Each obligor shall notify the obligee, the public
23 office, and the Clerk of the Circuit Court of any change of
24 address within 7 days.
25 (4) An obligor whose income is being withheld or who has
26 been served with a notice of delinquency pursuant to this
27 Section shall notify the obligee, the public office, and the
28 Clerk of the Circuit Court of any new payor, within 7 days.
29 (5) When the Illinois Department of Public Aid is no
30 longer authorized to receive payments for the obligee, it
31 shall, within 7 days, notify the payor or, where appropriate,
32 the Clerk of the Circuit Court, to redirect income
33 withholding payments to the obligee.
34 (6) The obligee or public office shall provide notice to
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1 the payor and Clerk of the Circuit Court of any other support
2 payment made, including but not limited to, a set-off under
3 federal and State law or partial payment of the delinquency
4 or arrearage, or both.
5 (7) Any public office and Clerk of the Circuit Court
6 which collects, disburses or receives payments pursuant to
7 income withholding notices shall maintain complete, accurate,
8 and clear records of all payments and their disbursements.
9 Certified copies of payment records maintained by a public
10 office or Clerk of the Circuit Court shall, without further
11 proof, be admitted into evidence in any legal proceedings
12 under this Section.
13 (8) The Illinois Department of Public Aid shall design
14 suggested legal forms for proceeding under this Section and
15 shall make available to the courts such forms and
16 informational materials which describe the procedures and
17 remedies set forth herein for distribution to all parties in
18 support actions.
19 (9) At the time of transmitting each support payment,
20 the clerk of the circuit court shall provide the obligee or
21 public office, as appropriate, with any information furnished
22 by the payor as to the date the amount would (but for the
23 duty to withhold income) have been paid or credited to the
24 obligor.
25 (H) Penalties.
26 (1) Where a payor wilfully fails to withhold or pay over
27 income pursuant to a properly served income withholding
28 notice, or wilfully discharges, disciplines, refuses to hire
29 or otherwise penalizes an obligor as prohibited by subsection
30 (E), or otherwise fails to comply with any duties imposed by
31 this Section, the obligee, public office or obligor, as
32 appropriate, may file a complaint with the court against the
33 payor. The clerk of the circuit court shall notify the
34 obligee or public office, as appropriate, and the obligor and
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1 payor of the time and place of the hearing on the complaint.
2 The court shall resolve any factual dispute including, but
3 not limited to, a denial that the payor is paying or has paid
4 income to the obligor. Upon a finding in favor of the
5 complaining party, the court:
6 (a) Shall enter judgment and direct the enforcement
7 thereof for the total amount that the payor wilfully
8 failed to withhold or pay over; and
9 (b) May order employment or reinstatement of or
10 restitution to the obligor, or both, where the obligor
11 has been discharged, disciplined, denied employment or
12 otherwise penalized by the payor and may impose a fine
13 upon the payor not to exceed $200.
14 (2) Any obligee, public office or obligor who wilfully
15 initiates a false proceeding under this Section or who
16 wilfully fails to comply with the requirements of this
17 Section shall be punished as in cases of contempt of court.
18 (I) Alternative Procedures for Service of an Income
19 Withholding Notice.
20 (1) The procedures of this subsection may be used in any
21 matter to serve an income withholding notice on a payor if:
22 (a) For any reason the most recent order for
23 support entered does not contain the income withholding
24 provisions required under subsection (B), irrespective of
25 whether a separate order for withholding was entered
26 prior to July 1, 1997; and
27 (b) The obligor has accrued a delinquency after
28 entry of the most recent order for support.
29 (2) The obligee or public office shall prepare and serve
30 the income withholding notice in accordance with the
31 provisions of subsection (C), except that the notice shall
32 contain a periodic amount for payment of the delinquency
33 equal to 20% of the total of the current support amount and
34 the amount to be paid periodically for payment of any
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1 arrearage stated in the most recent order for support.
2 (3) If the obligor requests in writing that income
3 withholding become effective prior to the obligor accruing a
4 delinquency under the most recent order for support, the
5 obligee or public office may prepare and serve an income
6 withholding notice on the payor as provided in subsection
7 (B). In addition to filing proofs of service of the income
8 withholding notice on the payor and the obligor, the obligee
9 or public office shall file a copy of the obligor's written
10 request for income withholding with the Clerk of the Circuit
11 Court.
12 (4) All other provisions of this Section shall be
13 applicable with respect to the provisions of this subsection
14 (I).
15 (J) Remedies in Addition to Other Laws.
16 (1) The rights, remedies, duties and penalties created
17 by this Section are in addition to and not in substitution
18 for any other rights, remedies, duties and penalties created
19 by any other law.
20 (2) Nothing in this Section shall be construed as
21 invalidating any assignment of wages or benefits executed
22 prior to January 1, 1984 or any order for withholding served
23 prior to July 1, 1997.
24 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
25 90-425, eff. 8-15-97; revised 9-29-97.)
26 Section 171. The Non-Support of Spouse and Children Act
27 is amended by changing Sections 3 and 4.1 as follows:
28 (750 ILCS 15/3) (from Ch. 40, par. 1106)
29 Sec. 3. At any time before the trial, upon motion of the
30 State's Attorney, or of the Attorney General if the action
31 has been instituted by his office, and upon notice to the
32 defendant, or at the time of arraignment or as a condition of
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1 the postponement of arraignment, the court at any time may
2 enter such temporary order as may seem just, providing for
3 the support or maintenance of the spouse or child or children
4 of the defendant, or both, pendente lite.
5 The Court shall determine the amount of child support by
6 using the guidelines and standards set forth in subsection
7 (a) of Section 505 and in Section 505.2 of the Illinois
8 Marriage and Dissolution of Marriage Act.
9 An order entered under this Section shall include a
10 provision requiring the obligor to report to the obligee and
11 to the clerk of court within 10 days each time the obligor
12 obtains new employment, and each time the obligor's
13 employment is terminated for any reason. The report shall be
14 in writing and shall, in the case of new employment, include
15 the name and address of the new employer. Failure to report
16 new employment or the termination of current employment, if
17 coupled with nonpayment of support for a period in excess of
18 60 days, is indirect criminal contempt. For any obligor
19 arrested for failure to report new employment bond shall be
20 set in the amount of the child support that should have been
21 paid during the period of unreported employment. An order
22 entered under this Section shall also include a provision
23 requiring the obligor and obligee parents to advise each
24 other of a change in residence within 5 days of the change
25 except when the court finds that the physical, mental, or
26 emotional health of a party or that of a minor child, or
27 both, would be seriously endangered by disclosure of the
28 party's address.
29 The Court shall determine the amount of maintenance using
30 the standards set forth in Section 504 of the Illinois
31 Marriage and Dissolution of Marriage Act.
32 The court may for violation of any order under this
33 Section punish the offender as for a contempt of court, but
34 no pendente lite order shall remain in force for a longer
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1 term than 4 months, or after the discharge of any panel of
2 jurors summoned for service thereafter in such court,
3 whichever is the sooner.
4 Any new or existing support order entered by the court
5 under this Section shall be deemed to be a series of
6 judgments against the person obligated to pay support
7 thereunder, each such judgment to be in the amount of each
8 payment or installment of support and each such judgment to
9 be deemed entered as of the date the corresponding payment or
10 installment becomes due under the terms of the support order.
11 Each such judgment shall have the full force, effect and
12 attributes of any other judgment of this State, including the
13 ability to be enforced. Any such judgment is subject to
14 modification or termination only in accordance with Section
15 510 of the Illinois Marriage and Dissolution of Marriage Act.
16 A lien arises by operation of law against the real and
17 personal property of the noncustodial parent for each
18 installment of overdue support owed by the noncustodial
19 parent.
20 A one-time interest charge of 20% is imposable upon the
21 amount of past-due child support owed on July 1, 1988 which
22 has accrued under a support order entered by the court. The
23 charge shall be imposed in accordance with the provisions of
24 Section 10-21 of the Illinois Public Aid Code and shall be
25 enforced by the court upon petition.
26 All orders for support, when entered or modified, shall
27 include a provision requiring the non-custodial parent to
28 notify the court and, in cases in which a party is receiving
29 child and spouse support services under Article X of the
30 Illinois Public Aid Code, the Illinois Department of Public
31 Aid, within 7 days, (i) of the name and address of any new
32 employer of the non-custodial parent, (ii) whether the
33 non-custodial parent has access to health insurance coverage
34 through the employer or other group coverage and, if so, the
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1 policy name and number and the names of persons covered under
2 the policy, and (iii) of any new residential or mailing
3 address or telephone number of the non-custodial parent. In
4 any subsequent action to enforce a support order, upon a
5 sufficient showing that a diligent effort has been made to
6 ascertain the location of the non-custodial parent, service
7 of process or provision of notice necessary in the case may
8 be made at the last known address of the non-custodial parent
9 in any manner expressly provided by the Code of Civil
10 Procedure or this Act, which service shall be sufficient for
11 purposes of due process.
12 An order for support shall include a date on which the
13 current support obligation terminates. The termination date
14 shall be no earlier than the date on which the child covered
15 by the order will attain the age of majority or is otherwise
16 emancipated. The order for support shall state that the
17 termination date does not apply to any arrearage that may
18 remain unpaid on that date. Nothing in this paragraph shall
19 be construed to prevent the court from modifying the order.
20 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
21 revised 12-2-97.)
22 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
23 Sec. 4.1. Withholding of Income to Secure Payment of
24 Support.
25 (A) Definitions.
26 (1) "Order for support" means any order of the court
27 which provides for periodic payment of funds for the support
28 of a child or maintenance of a spouse, whether temporary or
29 final, and includes any such order which provides for:
30 (a) Modification or resumption of, or payment of
31 arrearage accrued under, a previously existing order;
32 (b) Reimbursement of support; or
33 (c) Enrollment in a health insurance plan that is
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1 available to the obligor through an employer or labor
2 union or trade union.
3 (2) "Arrearage" means the total amount of unpaid support
4 obligations as determined by the court and incorporated into
5 an order for support.
6 (3) "Delinquency" means any payment under an order for
7 support which becomes due and remains unpaid after entry of
8 the order for support.
9 (4) "Income" means any form of periodic payment to an
10 individual, regardless of source, including, but not limited
11 to: wages, salary, commission, compensation as an independent
12 contractor, workers' compensation, disability, annuity,
13 pension, and retirement benefits, lottery prize awards,
14 insurance proceeds, vacation pay, bonuses, profit-sharing
15 payments, interest, and any other payments, made by any
16 person, private entity, federal or state government, any unit
17 of local government, school district or any entity created by
18 Public Act; however, "income" excludes:
19 (a) Any amounts required by law to be withheld,
20 other than creditor claims, including, but not limited
21 to, federal, State and local taxes, Social Security and
22 other retirement and disability contributions;
23 (b) Union dues;
24 (c) Any amounts exempted by the federal Consumer
25 Credit Protection Act;
26 (d) Public assistance payments; and
27 (e) Unemployment insurance benefits except as
28 provided by law.
29 Any other State or local laws which limit or exempt
30 income or the amount or percentage of income that can be
31 withheld shall not apply.
32 (5) "Obligor" means the individual who owes a duty to
33 make payments under an order for support.
34 (6) "Obligee" means the individual to whom a duty of
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1 support is owed or the individual's legal representative.
2 (7) "Payor" means any payor of income to an obligor.
3 (8) "Public office" means any elected official or any
4 State or local agency which is or may become responsible by
5 law for enforcement of, or which is or may become authorized
6 to enforce, an order for support, including, but not limited
7 to: the Attorney General, the Illinois Department of Public
8 Aid, the Illinois Department of Human Services, the Illinois
9 Department of Children and Family Services, and the various
10 State's Attorneys, Clerks of the Circuit Court and
11 supervisors of general assistance.
12 (9) "Premium" means the dollar amount for which the
13 obligor is liable to his employer or labor union or trade
14 union and which must be paid to enroll or maintain a child in
15 a health insurance plan that is available to the obligor
16 through an employer or labor union or trade union.
17 (B) Entry of Order for Support Containing Income Withholding
18 Provisions; Income Withholding Notice.
19 (1) In addition to any content required under other
20 laws, every order for support entered on or after July 1,
21 1997, shall:
22 (a) Require an income withholding notice to be
23 prepared and served immediately upon any payor of the
24 obligor by the obligee or public office, unless a written
25 agreement is reached between and signed by both parties
26 providing for an alternative arrangement, approved and
27 entered into the record by the court, which ensures
28 payment of support. In that case, the order for support
29 shall provide that an income withholding notice is to be
30 prepared and served only if the obligor becomes
31 delinquent in paying the order for support; and
32 (b) Contain a dollar amount to be paid until
33 payment in full of any delinquency that accrues after
34 entry of the order for support. The amount for payment
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1 of delinquency shall not be less than 20% of the total of
2 the current support amount and the amount to be paid
3 periodically for payment of any arrearage stated in the
4 order for support; and
5 (c) Include the obligor's Social Security Number,
6 which the obligor shall disclose to the court. If the
7 obligor is not a United States citizen, the obligor shall
8 disclose to the court, and the court shall include in the
9 order for support, the obligor's alien registration
10 number, passport number, and home country's social
11 security or national health number, if applicable.
12 (2) At the time the order for support is entered, the
13 Clerk of the Circuit Court shall provide a copy of the order
14 to the obligor and shall make copies available to the obligee
15 and public office.
16 (3) The income withholding notice shall:
17 (a) Be in the standard format prescribed by the
18 federal Department of Health and Human Services; and
19 (b) Direct any payor to withhold the dollar amount
20 required for current support under the order for support;
21 and
22 (c) Direct any payor to withhold the dollar amount
23 required to be paid periodically under the order for
24 support for payment of the amount of any arrearage stated
25 in the order for support; and
26 (d) Direct any payor or labor union or trade union
27 to enroll a child as a beneficiary of a health insurance
28 plan and withhold or cause to be withheld, if applicable,
29 any required premiums; and
30 (e) State the amount of the payor income
31 withholding fee specified under this Section; and
32 (f) State that the amount actually withheld from
33 the obligor's income for support and other purposes,
34 including the payor withholding fee specified under this
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1 Section, may not be in excess of the maximum amount
2 permitted under the federal Consumer Credit Protection
3 Act; and
4 (g) State the duties of the payor and the fines and
5 penalties for failure to withhold and pay over income and
6 for discharging, disciplining, refusing to hire, or
7 otherwise penalizing the obligor because of the duty to
8 withhold and pay over income under this Section; and
9 (h) State the rights, remedies, and duties of the
10 obligor under this Section; and
11 (i) Include the obligor's Social Security Number;
12 and
13 (j) Include the date that withholding for current
14 support terminates, which shall be the date of
15 termination of the current support obligation set forth
16 in the order for support.
17 (4) The accrual of a delinquency as a condition for
18 service of an income withholding notice, under the exception
19 to immediate withholding in paragraph (1) of this subsection,
20 shall apply only to the initial service of an income
21 withholding notice on a payor of the obligor.
22 (5) Notwithstanding the exception to immediate
23 withholding contained in paragraph (1) of this subsection, if
24 the court finds at the time of any hearing that an arrearage
25 has accrued, the court shall order immediate service of an
26 income withholding notice upon the payor.
27 (6) If the order for support, under the exception to
28 immediate withholding contained in paragraph (1) of this
29 subsection, provides that an income withholding notice is to
30 be prepared and served only if the obligor becomes delinquent
31 in paying the order for support, the obligor may execute a
32 written waiver of that condition and request immediate
33 service on the payor.
34 (7) The obligee or public office may serve the income
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1 withholding notice on the payor or its superintendent,
2 manager, or other agent by ordinary mail or certified mail
3 return receipt requested, by facsimile transmission or other
4 electronic means, by personal delivery, or by any method
5 provided by law for service of a summons. At the time of
6 service on the payor and as notice that withholding has
7 commenced, the obligee or public office shall serve a copy of
8 the income withholding notice on the obligor by ordinary mail
9 addressed to his or her last known address. Proofs of
10 service on the payor and the obligor shall be filed with the
11 Clerk of the Circuit Court.
12 (8) At any time after the initial service of an income
13 withholding notice under this Section, any other payor of the
14 obligor may be served with the same income withholding notice
15 without further notice to the obligor.
16 (9) (4) New service of an income order for withholding
17 notice is not required in order to resume withholding of
18 income in the case of an obligor with respect to whom an
19 income order for withholding notice was previously served on
20 the payor if withholding of income was terminated because of
21 an interruption in the obligor's employment of less than 180
22 days.
23 (C) Income Withholding After Accrual of Delinquency.
24 (1) Whenever an obligor accrues a delinquency, the
25 obligee or public office may prepare and serve upon the
26 obligor's payor an income withholding notice that:
27 (a) Contains the information required under
28 paragraph (3) of subsection (B); and
29 (b) Contains a computation of the period and total
30 amount of the delinquency as of the date of the notice;
31 and
32 (c) Directs the payor to withhold the dollar amount
33 required to be withheld periodically under the order for
34 support for payment of the delinquency.
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1 (2) The income withholding notice and the obligor's copy
2 of the income withholding notice shall be served as provided
3 in paragraph (7) of subsection (B).
4 (3) The obligor may contest withholding commenced under
5 this subsection by filing a petition to contest withholding
6 with the Clerk of the Circuit Court within 20 days after
7 service of a copy of the income withholding notice on the
8 obligor. However, the grounds for the petition to contest
9 withholding shall be limited to:
10 (a) A dispute concerning the existence or amount of
11 the delinquency; or
12 (b) The identity of the obligor.
13 The Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office of the time and place of the
15 hearing on the petition to contest withholding. The court
16 shall hold the hearing pursuant to the provisions of
17 subsection (F).
18 (D) Initiated Withholding.
19 (1) Notwithstanding any other provision of this Section,
20 if the court has not required that income withholding take
21 effect immediately, the obligee or public office may initiate
22 withholding, regardless of whether a delinquency has accrued,
23 by preparing and serving an income withholding notice on the
24 payor that contains the information required under paragraph
25 (3) of subsection (B) and states that the parties' written
26 agreement providing an alternative arrangement to immediate
27 withholding under paragraph (1) of subsection (B) no longer
28 ensures payment of support and the reason or reasons why it
29 does not.
30 (2) The income withholding notice and the obligor's copy
31 of the income withholding notice shall be served as provided
32 in paragraph (7) of subsection (B).
33 (3) The obligor may contest withholding commenced under
34 this subsection by filing a petition to contest withholding
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1 with the Clerk of the Circuit Court within 20 days after
2 service of a copy of the income withholding notice on the
3 obligor. However, the grounds for the petition shall be
4 limited to a dispute concerning:
5 (a) whether the parties' written agreement
6 providing an alternative arrangement to immediate
7 withholding under paragraph (1) of subsection (B)
8 continues to ensure payment of support; or
9 (b) the identity of the obligor.
10 It shall not be grounds for filing a petition that the
11 obligor has made all payments due by the date of the
12 petition.
13 (4) If the obligor files a petition contesting
14 withholding within the 20-day period required under paragraph
15 (3), the Clerk of the Circuit Court shall notify the obligor
16 and the obligee or public office, as appropriate, of the time
17 and place of the hearing on the petition. The court shall
18 hold the hearing pursuant to the provisions of subsection
19 (F). regular or facsimile regular or facsimile
20 (E) Duties of Payor.
21 (1) It shall be the duty of any payor who has been
22 served with an income withholding notice to deduct and pay
23 over income as provided in this subsection. The payor shall
24 deduct the amount designated in the income withholding
25 notice, as supplemented by any notice provided pursuant to
26 paragraph (6) of subsection (G), beginning no later than the
27 next payment of income which is payable or creditable to the
28 obligor that occurs 14 days following the date the income
29 withholding notice was mailed, sent by facsimile or other
30 electronic means, or placed for personal delivery to or
31 service on the payor. The payor may combine all amounts
32 withheld for the benefit of an obligee or public office into
33 a single payment and transmit the payment with a listing of
34 obligors from whom withholding has been effected. The payor
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1 shall pay the amount withheld to the obligee or public office
2 within 7 business days after the date the amount would (but
3 for the duty to withhold income) have been paid or credited
4 to the obligor. If the payor knowingly fails to pay any
5 amount withheld to the obligee or public office within 7
6 business days after the date the amount would have been paid
7 or credited to the obligor, the payor shall pay a penalty of
8 $100 for each day that the withheld amount is not paid to the
9 obligee or public office after the period of 7 business days
10 has expired. The failure of a payor, on more than one
11 occasion, to pay amounts withheld to the obligee or public
12 office within 7 business days after the date the amount would
13 have been paid or credited to the obligor creates a
14 presumption that the payor knowingly failed to pay over the
15 amounts. This penalty may be collected in a civil action
16 which may be brought against the payor in favor of the
17 obligee or public office. A finding of a payor's
18 nonperformance within the time required under this Section
19 must be documented by a certified mail return receipt showing
20 the date the income order for withholding notice was served
21 on the payor. For purposes of this Section, a withheld amount
22 shall be considered paid by a payor on the date it is mailed
23 by the payor, or on the date an electronic funds transfer of
24 the amount has been initiated by the payor, or on the date
25 delivery of the amount has been initiated by the payor. For
26 each deduction, the payor shall provide the obligee or public
27 office, at the time of transmittal, with the date the amount
28 would (but for the duty to withhold income) have been paid or
29 credited to the obligor.
30 Upon receipt of an income withholding notice requiring
31 that a minor child be named as a beneficiary of a health
32 insurance plan available through an employer or labor union
33 or trade union, the employer or labor union or trade union
34 shall immediately enroll the minor child as a beneficiary in
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1 the health insurance plan designated by the income
2 withholding notice. The employer shall withhold any required
3 premiums and pay over any amounts so withheld and any
4 additional amounts the employer pays to the insurance carrier
5 in a timely manner. The employer or labor union or trade
6 union shall mail to the obligee, within 15 days of enrollment
7 or upon request, notice of the date of coverage, information
8 on the dependent coverage plan, and all forms necessary to
9 obtain reimbursement for covered health expenses, such as
10 would be made available to a new employee. When an order for
11 dependent coverage is in effect and the insurance coverage is
12 terminated or changed for any reason, the employer or labor
13 union or trade union shall notify the obligee within 10 days
14 of the termination or change date along with notice of
15 conversion privileges.
16 For withholding of income, the payor shall be entitled to
17 receive a fee not to exceed $5 per month or the actual check
18 processing cost to be taken from the income to be paid to the
19 obligor.
20 (2) Whenever the obligor is no longer receiving income
21 from the payor, the payor shall return a copy of the income
22 withholding notice to the obligee or public office and shall
23 provide information for the purpose of enforcing this
24 Section.
25 (3) Withholding of income under this Section shall be
26 made without regard to any prior or subsequent garnishments,
27 attachments, wage assignments, or any other claims of
28 creditors. Withholding of income under this Section shall
29 not be in excess of the maximum amounts permitted under the
30 federal Consumer Credit Protection Act. If the payor has been
31 served with more than one income withholding notice
32 pertaining to the same obligor, the payor shall allocate
33 income available for withholding on a proportionate share
34 basis, giving priority to current support payments. If there
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1 is any income available for withholding after withholding for
2 all current support obligations, the payor shall allocate the
3 income to past due support payments ordered in cases in which
4 cash assistance under the Illinois Public Aid Code is not
5 being provided to the obligee and then to past due support
6 payments ordered in cases in which cash assistance under the
7 Illinois Public Aid Code is being provided to the obligee,
8 both on a proportionate share basis. A payor who complies
9 with an income withholding notice that is regular on its face
10 shall not be subject to civil liability with respect to any
11 individual, any agency, or any creditor of the obligor for
12 conduct in compliance with the notice.
13 (4) No payor shall discharge, discipline, refuse to hire
14 or otherwise penalize any obligor because of the duty to
15 withhold income.
16 (F) Petitions to Contest Withholding or to Modify, Suspend,
17 Terminate, or Correct Income Withholding Notices.
18 (1) When an obligor files a petition to contest
19 withholding, the court, after due notice to all parties,
20 shall hear the matter as soon as practicable and shall enter
21 an order granting or denying relief, ordering service of an
22 amended income withholding notice, where applicable, or
23 otherwise resolving the matter.
24 The court shall deny the obligor's petition if the court
25 finds that when the income withholding notice was mailed,
26 sent by facsimile transmission or other electronic means, or
27 placed for personal delivery to or service on the payor:
28 (a) A delinquency existed; or
29 (b) The parties' written agreement providing an
30 alternative arrangement to immediate withholding under
31 paragraph (1) of subsection (B) no longer ensured payment
32 of support.
33 (2) At any time, an obligor, obligee, public office or
34 Clerk of the Circuit Court may petition the court to:
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1 (a) Modify, suspend or terminate the income
2 withholding notice because of a modification, suspension
3 or termination of the underlying order for support; or
4 (b) Modify the amount of income to be withheld to
5 reflect payment in full or in part of the delinquency or
6 arrearage by income withholding or otherwise; or
7 (c) Suspend the income withholding notice because
8 of inability to deliver income withheld to the obligee
9 due to the obligee's failure to provide a mailing address
10 or other means of delivery.
11 (3) At any time an obligor may petition the court to
12 correct a term contained in an income withholding notice to
13 conform to that stated in the underlying order for support
14 for:
15 (a) The amount of current support;
16 (b) The amount of the arrearage;
17 (c) The periodic amount for payment of the
18 arrearage; or
19 (d) The periodic amount for payment of the
20 delinquency.
21 (4) The obligor, obligee or public office shall serve on
22 the payor, in the manner provided for service of income
23 withholding notices in paragraph (7) of subsection (B), a
24 copy of any order entered pursuant to this subsection that
25 affects the duties of the payor.
26 (5) At any time, a public office or Clerk of the Circuit
27 Court may serve a notice on the payor to:
28 (a) Cease withholding of income for payment of
29 current support for a child when the support obligation
30 for that child has automatically ceased under the order
31 for support through emancipation or otherwise; or
32 (b) Cease withholding of income for payment of
33 delinquency or arrearage when the delinquency or
34 arrearage has been paid in full.
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1 (6) The notice provided for under paragraph (5) of this
2 subsection shall be served on the payor in the manner
3 provided for service of income withholding notices in
4 paragraph (7) of subsection (B), and a copy shall be provided
5 to the obligor and the obligee.
6 (7) The income withholding notice shall continue to be
7 binding upon the payor until service of an amended income
8 withholding notice or any order of the court or notice
9 entered or provided for under this subsection.
10 (G) Additional Duties.
11 (1) An obligee who is receiving income withholding
12 payments under this Section shall notify the payor, if the
13 obligee receives the payments directly from the payor, or the
14 public office or the Clerk of the Circuit Court, as
15 appropriate, of any change of address within 7 days of such
16 change.
17 (2) An obligee who is a recipient of public aid shall
18 send a copy of any income withholding notice served by the
19 obligee to the Division of Child Support Enforcement of the
20 Illinois Department of Public Aid.
21 (3) Each obligor shall notify the obligee, the public
22 office, and the Clerk of the Circuit Court of any change of
23 address within 7 days.
24 (4) An obligor whose income is being withheld or who has
25 been served with a notice of delinquency pursuant to this
26 Section shall notify the obligee, the public office, and the
27 Clerk of the Circuit Court of any new payor, within 7 days.
28 (5) When the Illinois Department of Public Aid is no
29 longer authorized to receive payments for the obligee, it
30 shall, within 7 days, notify the payor or, where appropriate,
31 the Clerk of the Circuit Court, to redirect income
32 withholding payments to the obligee.
33 (6) The obligee or public office shall provide notice to
34 the payor and Clerk of the Circuit Court of any other support
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1 payment made, including but not limited to, a set-off under
2 federal and State law or partial payment of the delinquency
3 or arrearage, or both.
4 (7) Any public office and Clerk of the Circuit Court
5 which collects, disburses or receives payments pursuant to
6 income withholding notices shall maintain complete, accurate,
7 and clear records of all payments and their disbursements.
8 Certified copies of payment records maintained by a public
9 office or Clerk of the Circuit Court shall, without further
10 proof, be admitted into evidence in any legal proceedings
11 under this Section.
12 (8) The Illinois Department of Public Aid shall design
13 suggested legal forms for proceeding under this Section and
14 shall make available to the courts such forms and
15 informational materials which describe the procedures and
16 remedies set forth herein for distribution to all parties in
17 support actions.
18 (9) At the time of transmitting each support payment,
19 the clerk of the circuit court shall provide the obligee or
20 public office, as appropriate, with any information furnished
21 by the payor as to the date the amount would (but for the
22 duty to withhold income) have been paid or credited to the
23 obligor.
24 (H) Penalties.
25 (1) Where a payor wilfully fails to withhold or pay over
26 income pursuant to a properly served income withholding
27 notice, or wilfully discharges, disciplines, refuses to hire
28 or otherwise penalizes an obligor as prohibited by subsection
29 (E), or otherwise fails to comply with any duties imposed by
30 this Section, the obligee, public office or obligor, as
31 appropriate, may file a complaint with the court against the
32 payor. The clerk of the circuit court shall notify the
33 obligee or public office, as appropriate, and the obligor and
34 payor of the time and place of the hearing on the complaint.
-1302- LRB9000999EGfgam01
1 The court shall resolve any factual dispute including, but
2 not limited to, a denial that the payor is paying or has paid
3 income to the obligor. Upon a finding in favor of the
4 complaining party, the court:
5 (a) Shall enter judgment and direct the enforcement
6 thereof for the total amount that the payor wilfully
7 failed to withhold or pay over; and
8 (b) May order employment or reinstatement of or
9 restitution to the obligor, or both, where the obligor
10 has been discharged, disciplined, denied employment or
11 otherwise penalized by the payor and may impose a fine
12 upon the payor not to exceed $200.
13 (2) Any obligee, public office or obligor who wilfully
14 initiates a false proceeding under this Section or who
15 wilfully fails to comply with the requirements of this
16 Section shall be punished as in cases of contempt of court.
17 (I) Alternative Procedures for Service of an Income
18 Withholding Notice.
19 (1) The procedures of this subsection may be used in any
20 matter to serve an income withholding notice on a payor if:
21 (a) For any reason the most recent order for
22 support entered does not contain the income withholding
23 provisions required under subsection (B), irrespective of
24 whether a separate order for withholding was entered
25 prior to July 1, 1997; and
26 (b) The obligor has accrued a delinquency after
27 entry of the most recent order for support.
28 (2) The obligee or public office shall prepare and serve
29 the income withholding notice in accordance with the
30 provisions of subsection (C), except that the notice shall
31 contain a periodic amount for payment of the delinquency
32 equal to 20% of the total of the current support amount and
33 the amount to be paid periodically for payment of any
34 arrearage stated in the most recent order for support.
-1303- LRB9000999EGfgam01
1 (3) If the obligor requests in writing that income
2 withholding become effective prior to the obligor accruing a
3 delinquency under the most recent order for support, the
4 obligee or public office may prepare and serve an income
5 withholding notice on the payor as provided in subsection
6 (B). In addition to filing proofs of service of the income
7 withholding notice on the payor and the obligor, the obligee
8 or public office shall file a copy of the obligor's written
9 request for income withholding with the Clerk of the Circuit
10 Court.
11 (4) All other provisions of this Section shall be
12 applicable with respect to the provisions of this subsection
13 (I).
14 (J) Remedies in Addition to Other Laws.
15 (1) The rights, remedies, duties and penalties created
16 by this Section are in addition to and not in substitution
17 for any other rights, remedies, duties and penalties created
18 by any other law.
19 (2) Nothing in this Section shall be construed as
20 invalidating any assignment of wages or benefits executed
21 prior to January 1, 1984 or any order for withholding served
22 prior to July 1, 1997.
23 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
24 90-425, eff. 8-15-97; revised 9-29-97.)
25 Section 172. The Uniform Interstate Family Support Act
26 is amended by changing Section 605 as follows:
27 (750 ILCS 22/605)
28 Sec. 605. Notice of registration of order.
29 (a) When a support order or income-withholding order
30 issued in another state is registered, the registering
31 tribunal shall notify the nonregistering party. The notice
32 must be accompanied by a copy of the registered order and the
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1 documents and relevant information accompanying the order.
2 (b) The notice must inform the nonregistering party:
3 (1) that a registered order is enforceable as of
4 the date of registration in the same manner as an order
5 issued by a tribunal of this State;
6 (2) that a hearing to contest the validity or
7 enforcement of the registered order must be requested
8 within 20 days after the date of mailing or personal
9 service of the notice;
10 (3) that failure to contest the validity or
11 enforcement of the registered order in a timely manner
12 will result in confirmation of the order and enforcement
13 of the order and the alleged arrearages and precludes
14 further contest of that order with respect to any matter
15 that could have been asserted; and
16 (4) of the amount of any alleged arrearages.
17 (c) Upon registration of an income-withholding order for
18 enforcement, the registering tribunal shall notify the
19 obligor's employer pursuant to Section 10-16.2 of the
20 Illinois Public Aid Code, Section 706.1 of the Illinois
21 Marriage and Dissolution of Marriage Act, Section 4.1 of the
22 Non-Support of Spouse and Children Act, and Section 20 of the
23 Illinois Parentage Act of 1984 1989.
24 (Source: P.A. 90-240, eff. 7-28-97; revised 12-18-97.)
25 Section 173. The Illinois Parentage Act of 1984 is
26 amended by changing Sections 14 and 20 as follows:
27 (750 ILCS 45/14) (from Ch. 40, par. 2514)
28 Sec. 14. Judgment.
29 (a) (1) The judgment shall contain or explicitly reserve
30 provisions concerning any duty and amount of child support
31 and may contain provisions concerning the custody and
32 guardianship of the child, visitation privileges with the
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1 child, the furnishing of bond or other security for the
2 payment of the judgment, which the court shall determine in
3 accordance with the relevant factors set forth in the
4 Illinois Marriage and Dissolution of Marriage Act and any
5 other applicable law of Illinois, to guide the court in a
6 finding in the best interests of the child. In determining
7 custody, joint custody, or visitation, the court shall apply
8 the relevant standards of the Illinois Marriage and
9 Dissolution of Marriage Act. Specifically, in determining the
10 amount of any child support award, the court shall use the
11 guidelines and standards set forth in subsection (a) of
12 Section 505 and in Section 505.2 of the Illinois Marriage and
13 Dissolution of Marriage Act. For purposes of Section 505 of
14 the Illinois Marriage and Dissolution of Marriage Act, "net
15 income" of the non-custodial parent shall include any
16 benefits available to that person under the Illinois Public
17 Aid Code or from other federal, State or local
18 government-funded programs. The court shall, in any event
19 and regardless of the amount of the non-custodial parent's
20 net income, in its judgment order the non-custodial parent to
21 pay child support to the custodial parent in a minimum amount
22 of not less than $10 per month. In an action brought within 2
23 years after a child's birth, the judgment or order may direct
24 either parent to pay the reasonable expenses incurred by
25 either parent related to the mother's pregnancy and the
26 delivery of the child. The judgment or order shall contain
27 the father's social security number, which the father shall
28 disclose to the court; however, failure to include the
29 father's social security number on the judgment or order does
30 not invalidate the judgment or order.
31 (2) If a judgment of parentage contains no explicit
32 award of custody, the establishment of a support obligation
33 or of visitation rights in one parent shall be considered a
34 judgment granting custody to the other parent. If the
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1 parentage judgment contains no such provisions, custody shall
2 be presumed to be with the mother; however, the presumption
3 shall not apply if the father has had physical custody for at
4 least 6 months prior to the date that the mother seeks to
5 enforce custodial rights.
6 (b) The court shall order all child support payments,
7 determined in accordance with such guidelines, to commence
8 with the date summons is served. The level of current
9 periodic support payments shall not be reduced because of
10 payments set for the period prior to the date of entry of the
11 support order. The Court may order any child support
12 payments to be made for a period prior to the commencement of
13 the action. In determining whether and the extent to which
14 the payments shall be made for any prior period, the court
15 shall consider all relevant facts, including the factors for
16 determining the amount of support specified in the Illinois
17 Marriage and Dissolution of Marriage Act and other equitable
18 factors including but not limited to:
19 (1) The father's prior knowledge of the fact and
20 circumstances of the child's birth.
21 (2) The father's prior willingness or refusal to
22 help raise or support the child.
23 (3) The extent to which the mother or the public
24 agency bringing the action previously informed the father
25 of the child's needs or attempted to seek or require his
26 help in raising or supporting the child.
27 (4) The reasons the mother or the public agency did
28 not file the action earlier.
29 (5) The extent to which the father would be
30 prejudiced by the delay in bringing the action.
31 For purposes of determining the amount of child support
32 to be paid for any period before the date the order for
33 current child support is entered, there is a rebuttable
34 presumption that the father's net income for the prior period
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1 was the same as his net income at the time the order for
2 current child support is entered.
3 (c) Any new or existing support order entered by the
4 court under this Section shall be deemed to be a series of
5 judgments against the person obligated to pay support
6 thereunder, each judgment to be in the amount of each payment
7 or installment of support and each such judgment to be deemed
8 entered as of the date the corresponding payment or
9 installment becomes due under the terms of the support order.
10 Each judgment shall have the full force, effect and
11 attributes of any other judgment of this State, including the
12 ability to be enforced. A lien arises by operation of law
13 against the real and personal property of the noncustodial
14 parent for each installment of overdue support owed by the
15 noncustodial parent.
16 (d) If the judgment or order of the court is at variance
17 with the child's birth certificate, the court shall order
18 that a new birth certificate be issued under the Vital
19 Records Act.
20 (e) On request of the mother and the father, the court
21 shall order a change in the child's name. After hearing
22 evidence the court may stay payment of support during the
23 period of the father's minority or period of disability.
24 (f) If, upon a showing of proper service, the father
25 fails to appear in court, or otherwise appear as provided by
26 law, the court may proceed to hear the cause upon testimony
27 of the mother or other parties taken in open court and shall
28 enter a judgment by default. The court may reserve any order
29 as to the amount of child support until the father has
30 received notice, by regular mail, of a hearing on the matter.
31 (g) A one-time charge of 20% is imposable upon the
32 amount of past-due child support owed on July 1, 1988 which
33 has accrued under a support order entered by the court. The
34 charge shall be imposed in accordance with the provisions of
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1 Section 10-21 of the Illinois Public Aid Code and shall be
2 enforced by the court upon petition.
3 (h) All orders for support, when entered or modified,
4 shall include a provision requiring the non-custodial parent
5 to notify the court and, in cases in which party is receiving
6 child and spouse support services under Article X of the
7 Illinois Public Aid Code, the Illinois Department of Public
8 Aid, within 7 days, (i) of the name and address of any new
9 employer of the non-custodial parent, (ii) whether the
10 non-custodial parent has access to health insurance coverage
11 through the employer or other group coverage and, if so, the
12 policy name and number and the names of persons covered under
13 the policy, and (iii) of any new residential or mailing
14 address or telephone number of the non-custodial parent. In
15 any subsequent action to enforce a support order, upon a
16 sufficient showing that a diligent effort has been made to
17 ascertain the location of the non-custodial parent, service
18 of process or provision of notice necessary in the case may
19 be made at the last known address of the non-custodial parent
20 in any manner expressly provided by the Code of Civil
21 Procedure or this Act, which service shall be sufficient for
22 purposes of due process.
23 (i) 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
28 that the termination date does not apply to any arrearage
29 that may remain unpaid on that date. Nothing in this
30 subsection shall be construed to prevent the court from
31 modifying the order.
32 (j) An order entered under this Section shall include a
33 provision requiring the obligor to report to the obligee and
34 to the clerk of court within 10 days each time the obligor
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1 obtains new employment, and each time the obligor's
2 employment is terminated for any reason. The report shall be
3 in writing and shall, in the case of new employment, include
4 the name and address of the new employer. Failure to report
5 new employment or the termination of current employment, if
6 coupled with nonpayment of support for a period in excess of
7 60 days, is indirect criminal contempt. For any obligor
8 arrested for failure to report new employment bond shall be
9 set in the amount of the child support that should have been
10 paid during the period of unreported employment. An order
11 entered under this Section shall also include a provision
12 requiring the obligor and obligee parents to advise each
13 other of a change in residence within 5 days of the change
14 except when the court finds that the physical, mental, or
15 emotional health of a party or that of a minor child, or
16 both, would be seriously endangered by disclosure of the
17 party's address.
18 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
19 revised 12-2-97.)
20 (750 ILCS 45/20) (from Ch. 40, par. 2520)
21 Sec. 20. 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, whether temporary or final, and includes any such
27 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;
31 (c) payment or reimbursement of the expense of
32 pregnancy and delivery; or
33 (d) enrollment in a health insurance plan that is
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1 available to the obligor through an employer or labor
2 union or trade union.
3 (2) "Arrearage" means the total amount of unpaid support
4 obligations as determined by the court and incorporated into
5 an order for support.
6 (3) "Delinquency" means any payment under an order for
7 support which becomes due and remains unpaid after entry of
8 the order for support.
9 (4) "Income" means any form of periodic payment to an
10 individual, regardless of source, including, but not limited
11 to: wages, salary, commission, compensation as an independent
12 contractor, workers' compensation, disability, annuity,
13 pension, and retirement benefits, lottery prize awards,
14 insurance proceeds, vacation pay, bonuses, profit-sharing
15 payments, interest, and any other payments, made by any
16 person, private entity, federal or state government, any unit
17 of local government, school district or any entity created by
18 Public Act; however, "income" excludes:
19 (a) any amounts required by law to be withheld,
20 other than creditor claims, including, but not limited
21 to, federal, State and local taxes, Social Security and
22 other retirement and disability contributions;
23 (b) union dues;
24 (c) any amounts exempted by the federal Consumer
25 Credit Protection Act;
26 (d) public assistance payments; and
27 (e) unemployment insurance benefits except as
28 provided by law.
29 Any other State or local laws which limit or exempt
30 income or the amount or percentage of income that can be
31 withheld shall not apply.
32 (5) "Obligor" means the individual who owes a duty to
33 make payments under an order for support.
34 (6) "Obligee" means the individual to whom a duty of
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1 support is owed or the individual's legal representative.
2 (7) "Payor" means any payor of income to an obligor.
3 (8) "Public office" means any elected official or any
4 State or local agency which is or may become responsible by
5 law for enforcement of, or which is or may become authorized
6 to enforce, an order for support, including, but not limited
7 to: the Attorney General, the Illinois Department of Public
8 Aid, the Illinois Department of Human Services, the Illinois
9 Department of Children and Family Services, and the various
10 State's Attorneys, Clerks of the Circuit Court and
11 supervisors of general assistance.
12 (9) "Premium" means the dollar amount for which the
13 obligor is liable to his employer or labor union or trade
14 union and which must be paid to enroll or maintain a child in
15 a health insurance plan that is available to the obligor
16 through an employer or labor union or trade union.
17 (B) Entry of Order for Support Containing Income Withholding
18 Provisions; Income Withholding Notice.
19 (1) In addition to any content required under other
20 laws, every order for support entered on or after July 1,
21 1997, shall:
22 (a) Require an income withholding notice to be
23 prepared and served immediately upon any payor of the
24 obligor by the obligee or public office, unless a written
25 agreement is reached between and signed by both parties
26 providing for an alternative arrangement, approved and
27 entered into the record by the court, which ensures
28 payment of support. In that case, the order for support
29 shall provide that an income withholding notice is to be
30 prepared and served only if the obligor becomes
31 delinquent in paying the order for support; and
32 (b) Contain a dollar amount to be paid until
33 payment in full of any delinquency that accrues after
34 entry of the order for support. The amount for payment
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1 of delinquency shall not be less than 20% of the total of
2 the current support amount and the amount to be paid
3 periodically for payment of any arrearage stated in the
4 order for support; and
5 (c) Include the obligor's Social Security Number,
6 which the obligor shall disclose to the court. If the
7 obligor is not a United States citizen, the obligor shall
8 disclose to the court, and the court shall include in the
9 order for support, the obligor's alien registration
10 number, passport number, and home country's social
11 security or national health number, if applicable.
12 (2) At the time the order for support is entered, the
13 Clerk of the Circuit Court shall provide a copy of the order
14 to the obligor and shall make copies available to the obligee
15 and public office.
16 (3) The income withholding notice shall:
17 (a) Be in the standard format prescribed by the
18 federal Department of Health and Human Services; and
19 (b) Direct any payor to withhold the dollar amount
20 required for current support under the order for support;
21 and
22 (c) Direct any payor to withhold the dollar amount
23 required to be paid periodically under the order for
24 support for payment of the amount of any arrearage stated
25 in the order for support; and
26 (d) Direct any payor or labor union or trade union
27 to enroll a child as a beneficiary of a health insurance
28 plan and withhold or cause to be withheld, if applicable,
29 any required premiums; and
30 (e) State the amount of the payor income
31 withholding fee specified under this Section; and
32 (f) State that the amount actually withheld from
33 the obligor's income for support and other purposes,
34 including the payor withholding fee specified under this
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1 Section, may not be in excess of the maximum amount
2 permitted under the federal Consumer Credit Protection
3 Act; and
4 (g) State the duties of the payor and the fines and
5 penalties for failure to withhold and pay over income and
6 for discharging, disciplining, refusing to hire, or
7 otherwise penalizing the obligor because of the duty to
8 withhold and pay over income under this Section; and
9 (h) State the rights, remedies, and duties of the
10 obligor under this Section; and
11 (i) Include the obligor's Social Security Number;
12 and
13 (j) Include the date that withholding for current
14 support terminates, which shall be the date of
15 termination of the current support obligation set forth
16 in the order for support.
17 (4) The accrual of a delinquency as a condition for
18 service of an income withholding notice, under the exception
19 to immediate withholding in paragraph (1) of this subsection,
20 shall apply only to the initial service of an income
21 withholding notice on a payor of the obligor.
22 (5) Notwithstanding the exception to immediate
23 withholding contained in paragraph (1) of this subsection, if
24 the court finds at the time of any hearing that an arrearage
25 has accrued, the court shall order immediate service of an
26 income withholding notice upon the payor.
27 (6) If the order for support, under the exception to
28 immediate withholding contained in paragraph (1) of this
29 subsection, provides that an income withholding notice is to
30 be prepared and served only if the obligor becomes delinquent
31 in paying the order for support, the obligor may execute a
32 written waiver of that condition and request immediate
33 service on the payor.
34 (7) The obligee or public office may serve the income
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1 withholding notice on the payor or its superintendent,
2 manager, or other agent by ordinary mail or certified mail
3 return receipt requested, by facsimile transmission or other
4 electronic means, by personal delivery, or by any method
5 provided by law for service of a summons. At the time of
6 service on the payor and as notice that withholding has
7 commenced, the obligee or public office shall serve a copy of
8 the income withholding notice on the obligor by ordinary mail
9 addressed to his or her last known address. Proofs of
10 service on the payor and the obligor shall be filed with the
11 Clerk of the Circuit Court.
12 (8) At any time after the initial service of an income
13 withholding notice under this Section, any other payor of the
14 obligor may be served with the same income withholding notice
15 without further notice to the obligor.
16 (9) (4) New service of an income order for withholding
17 notice is not required in order to resume withholding of
18 income in the case of an obligor with respect to whom an
19 income order for withholding notice was previously served on
20 the payor if withholding of income was terminated because of
21 an interruption in the obligor's employment of less than 180
22 days.
23 (C) Income Withholding After Accrual of Delinquency.
24 (1) Whenever an obligor accrues a delinquency, the
25 obligee or public office may prepare and serve upon the
26 obligor's payor an income withholding notice that:
27 (a) Contains the information required under
28 paragraph (3) of subsection (B); and
29 (b) Contains a computation of the period and total
30 amount of the delinquency as of the date of the notice;
31 and
32 (c) Directs the payor to withhold the dollar amount
33 required to be withheld periodically under the order for
34 support for payment of the delinquency.
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1 (2) The income withholding notice and the obligor's copy
2 of the income withholding notice shall be served as provided
3 in paragraph (7) of subsection (B).
4 (3) The obligor may contest withholding commenced under
5 this subsection by filing a petition to contest withholding
6 with the Clerk of the Circuit Court within 20 days after
7 service of a copy of the income withholding notice on the
8 obligor. However, the grounds for the petition to contest
9 withholding shall be limited to:
10 (a) A dispute concerning the existence or amount of
11 the delinquency; or
12 (b) The identity of the obligor.
13 The Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office of the time and place of the
15 hearing on the petition to contest withholding. The court
16 shall hold the hearing pursuant to the provisions of
17 subsection (F).
18 (D) Initiated Withholding.
19 (1) Notwithstanding any other provision of this Section,
20 if the court has not required that income withholding take
21 effect immediately, the obligee or public office may initiate
22 withholding, regardless of whether a delinquency has accrued,
23 by preparing and serving an income withholding notice on the
24 payor that contains the information required under paragraph
25 (3) of subsection (B) and states that the parties' written
26 agreement providing an alternative arrangement to immediate
27 withholding under paragraph (1) of subsection (B) no longer
28 ensures payment of support and the reason or reasons why it
29 does not.
30 (2) The income withholding notice and the obligor's copy
31 of the income withholding notice shall be served as provided
32 in paragraph (7) of subsection (B).
33 (3) The obligor may contest withholding commenced under
34 this subsection by filing a petition to contest withholding
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1 with the Clerk of the Circuit Court within 20 days after
2 service of a copy of the income withholding notice on the
3 obligor. However, the grounds for the petition shall be
4 limited to a dispute concerning:
5 (a) whether the parties' written agreement
6 providing an alternative arrangement to immediate
7 withholding under paragraph (1) of subsection (B)
8 continues to ensure payment of support; or
9 (b) the identity of the obligor.
10 It shall not be grounds for filing a petition that the
11 obligor has made all payments due by the date of the
12 petition.
13 (4) If the obligor files a petition contesting
14 withholding within the 20-day period required under paragraph
15 (3), the Clerk of the Circuit Court shall notify the obligor
16 and the obligee or public office, as appropriate, of the time
17 and place of the hearing on the petition. The court shall
18 hold the hearing pursuant to the provisions of subsection
19 (F). regular or facsimile regular or facsimile
20 (E) Duties of Payor.
21 (1) It shall be the duty of any payor who has been
22 served with an income withholding notice to deduct and pay
23 over income as provided in this subsection. The payor shall
24 deduct the amount designated in the income withholding
25 notice, as supplemented by any notice provided pursuant to
26 paragraph (6) of subsection (G), beginning no later than the
27 next payment of income which is payable or creditable to the
28 obligor that occurs 14 days following the date the income
29 withholding notice was mailed, sent by facsimile or other
30 electronic means, or placed for personal delivery to or
31 service on the payor. The payor may combine all amounts
32 withheld for the benefit of an obligee or public office into
33 a single payment and transmit the payment with a listing of
34 obligors from whom withholding has been effected. The payor
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1 shall pay the amount withheld to the obligee or public office
2 within 7 business days after the date the amount would (but
3 for the duty to withhold income) have been paid or credited
4 to the obligor. If the payor knowingly fails to pay any
5 amount withheld to the obligee or public office within 7
6 business days after the date the amount would have been paid
7 or credited to the obligor, the payor shall pay a penalty of
8 $100 for each day that the withheld amount is not paid to the
9 obligee or public office after the period of 7 business days
10 has expired. The failure of a payor, on more than one
11 occasion, to pay amounts withheld to the obligee or public
12 office within 7 business days after the date the amount would
13 have been paid or credited to the obligor creates a
14 presumption that the payor knowingly failed to pay over the
15 amounts. This penalty may be collected in a civil action
16 which may be brought against the payor in favor of the
17 obligee or public office. A finding of a payor's
18 nonperformance within the time required under this Section
19 must be documented by a certified mail return receipt showing
20 the date the income order for withholding notice was served
21 on the payor. For purposes of this Section, a withheld amount
22 shall be considered paid by a payor on the date it is mailed
23 by the payor, or on the date an electronic funds transfer of
24 the amount has been initiated by the payor, or on the date
25 delivery of the amount has been initiated by the payor. For
26 each deduction, the payor shall provide the obligee or public
27 office, at the time of transmittal, with the date the amount
28 would (but for the duty to withhold income) have been paid or
29 credited to the obligor.
30 Upon receipt of an income withholding notice requiring
31 that a minor child be named as a beneficiary of a health
32 insurance plan available through an employer or labor union
33 or trade union, the employer or labor union or trade union
34 shall immediately enroll the minor child as a beneficiary in
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1 the health insurance plan designated by the income
2 withholding notice. The employer shall withhold any required
3 premiums and pay over any amounts so withheld and any
4 additional amounts the employer pays to the insurance carrier
5 in a timely manner. The employer or labor union or trade
6 union shall mail to the obligee, within 15 days of enrollment
7 or upon request, notice of the date of coverage, information
8 on the dependent coverage plan, and all forms necessary to
9 obtain reimbursement for covered health expenses, such as
10 would be made available to a new employee. When an order for
11 dependent coverage is in effect and the insurance coverage is
12 terminated or changed for any reason, the employer or labor
13 union or trade union shall notify the obligee within 10 days
14 of the termination or change date along with notice of
15 conversion privileges.
16 For withholding of income, the payor shall be entitled to
17 receive a fee not to exceed $5 per month to be taken from the
18 income to be paid to the obligor.
19 (2) Whenever the obligor is no longer receiving income
20 from the payor, the payor shall return a copy of the income
21 withholding notice to the obligee or public office and shall
22 provide information for the purpose of enforcing this
23 Section.
24 (3) Withholding of income under this Section shall be
25 made without regard to any prior or subsequent garnishments,
26 attachments, wage assignments, or any other claims of
27 creditors. Withholding of income under this Section shall
28 not be in excess of the maximum amounts permitted under the
29 federal Consumer Credit Protection Act. If the payor has been
30 served with more than one income withholding notice
31 pertaining to the same obligor, the payor shall allocate
32 income available for withholding on a proportionate share
33 basis, giving priority to current support payments. If there
34 is any income available for withholding after withholding for
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1 all current support obligations, the payor shall allocate the
2 income to past due support payments ordered in cases in which
3 cash assistance under the Illinois Public Aid Code is not
4 being provided to the obligee and then to past due support
5 payments ordered in cases in which cash assistance under the
6 Illinois Public Aid Code is being provided to the obligee,
7 both on a proportionate share basis. A payor who complies
8 with an income withholding notice that is regular on its face
9 shall not be subject to civil liability with respect to any
10 individual, any agency, or any creditor of the obligor for
11 conduct in compliance with the notice.
12 (4) No payor shall discharge, discipline, refuse to hire
13 or otherwise penalize any obligor because of the duty to
14 withhold income.
15 (F) Petitions to Contest Withholding or to Modify, Suspend,
16 Terminate, or Correct Income Withholding Notices.
17 (1) When an obligor files a petition to contest
18 withholding, the court, after due notice to all parties,
19 shall hear the matter as soon as practicable and shall enter
20 an order granting or denying relief, ordering service of an
21 amended income withholding notice, where applicable, or
22 otherwise resolving the matter.
23 The court shall deny the obligor's petition if the court
24 finds that when the income withholding notice was mailed,
25 sent by facsimile transmission or other electronic means, or
26 placed for personal delivery to or service on the payor:
27 (a) A delinquency existed; or
28 (b) The parties' written agreement providing an
29 alternative arrangement to immediate withholding under
30 paragraph (1) of subsection (B) no longer ensured payment
31 of support.
32 (2) At any time, an obligor, obligee, public office or
33 Clerk of the Circuit Court may petition the court to:
34 (a) modify, suspend or terminate the income
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1 withholding notice because of a modification, suspension
2 or termination of the underlying order for support; or
3 (b) modify the amount of income to be withheld to
4 reflect payment in full or in part of the delinquency or
5 arrearage by income withholding or otherwise; or
6 (c) suspend the income withholding notice because
7 of inability to deliver income withheld to the obligee
8 due to the obligee's failure to provide a mailing address
9 or other means of delivery.
10 (3) At any time an obligor may petition the court to
11 correct a term contained in an income withholding notice to
12 conform to that stated in the underlying order for support
13 for:
14 (a) The amount of current support;
15 (b) The amount of the arrearage;
16 (c) The periodic amount for payment of the
17 arrearage; or
18 (d) The periodic amount for payment of the
19 delinquency.
20 (4) The obligor, obligee or public office shall serve on
21 the payor, in the manner provided for service of income
22 withholding notices in paragraph (7) of subsection (B), a
23 copy of any order entered pursuant to this subsection that
24 affects the duties of the payor.
25 (5) At any time, a public office or Clerk of the Circuit
26 Court may serve a notice on the payor to:
27 (a) Cease withholding of income for payment of
28 current support for a child when the support obligation
29 for that child has automatically ceased under the order
30 for support through emancipation or otherwise; or
31 (b) Cease withholding of income for payment of
32 delinquency or arrearage when the delinquency or
33 arrearage has been paid in full.
34 (6) The notice provided for under paragraph (5) of this
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1 subsection shall be served on the payor in the manner
2 provided for service of income withholding notices in
3 paragraph (7) of subsection (B), and a copy shall be provided
4 to the obligor and the obligee.
5 (7) The income withholding notice shall continue to be
6 binding upon the payor until service of an amended income
7 withholding notice or any order of the court or notice
8 entered or provided for under this subsection.
9 (G) Additional Duties.
10 (1) An obligee who is receiving income withholding
11 payments under this Section shall notify the payor, if the
12 obligee receives the payments directly from the payor, or the
13 public office or the Clerk of the Circuit Court, as
14 appropriate, of any change of address within 7 days of such
15 change.
16 (2) An obligee who is a recipient of public aid shall
17 send a copy of any income withholding notice served by the
18 obligee to the Division of Child Support Enforcement of the
19 Illinois Department of Public Aid.
20 (3) Each obligor shall notify the obligee, the public
21 office, and the Clerk of the Circuit Court of any change of
22 address within 7 days.
23 (4) An obligor whose income is being withheld or who has
24 been served with a notice of delinquency pursuant to this
25 Section shall notify the obligee, the public office, and the
26 Clerk of the Circuit Court of any new payor, within 7 days.
27 (5) When the Illinois Department of Public Aid is no
28 longer authorized to receive payments for the obligee, it
29 shall, within 7 days, notify the payor or, where appropriate,
30 the Clerk of the Circuit Court, to redirect income
31 withholding payments to the obligee.
32 (6) The obligee or public office shall provide notice to
33 the payor and Clerk of the Circuit Court of any other support
34 payment made, including but not limited to, a set-off under
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1 federal and State law or partial payment of the delinquency
2 or arrearage, or both.
3 (7) Any public office and Clerk of the Circuit Court
4 which collects, disburses or receives payments pursuant to
5 income withholding notices shall maintain complete, accurate,
6 and clear records of all payments and their disbursements.
7 Certified copies of payment records maintained by a public
8 office or Clerk of the Circuit Court shall, without further
9 proof, be admitted into evidence in any legal proceedings
10 under this Section.
11 (8) The Illinois Department of Public Aid shall design
12 suggested legal forms for proceeding under this Section and
13 shall make available to the courts such forms and
14 informational materials which describe the procedures and
15 remedies set forth herein for distribution to all parties in
16 support actions.
17 (9) At the time of transmitting each support payment,
18 the clerk of the circuit court shall provide the obligee or
19 public office, as appropriate, with any information furnished
20 by the payor as to the date the amount would (but for the
21 duty to withhold income) have been paid or credited to the
22 obligor.
23 (H) Penalties.
24 (1) Where a payor wilfully fails to withhold or pay over
25 income pursuant to a properly served income withholding
26 notice, or wilfully discharges, disciplines, refuses to hire
27 or otherwise penalizes an obligor as prohibited by subsection
28 (E), or otherwise fails to comply with any duties imposed by
29 this Section, the obligee, public office or obligor, as
30 appropriate, may file a complaint with the court against the
31 payor. The clerk of the circuit court shall notify the
32 obligee or public office, as appropriate, and the obligor and
33 payor of the time and place of the hearing on the complaint.
34 The court shall resolve any factual dispute including, but
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1 not limited to, a denial that the payor is paying or has paid
2 income to the obligor. Upon a finding in favor of the
3 complaining party, the court:
4 (a) shall enter judgment and order the enforcement
5 thereof for the total amount that the payor wilfully
6 failed to withhold or pay over; and
7 (b) may order employment or reinstatement of or
8 restitution to the obligor, or both, where the obligor
9 has been discharged, disciplined, denied employment or
10 otherwise penalized by the payor and may impose a fine
11 upon the payor not to exceed $200.
12 (2) Any obligee, public office or obligor who wilfully
13 initiates a false proceeding under this Section or who
14 wilfully fails to comply with the requirements of this
15 Section shall be punished as in cases of contempt of court.
16 (I) Alternative Procedures for Service of an Income
17 Withholding Notice.
18 (1) The procedures of this subsection may be used in any
19 matter to serve an income withholding notice on a payor if:
20 (a) For any reason the most recent order for
21 support entered does not contain the income withholding
22 provisions required under subsection (B), irrespective of
23 whether a separate order for withholding was entered
24 prior to July 1, 1997; and
25 (b) The obligor has accrued a delinquency after
26 entry of the most recent order for support.
27 (2) The obligee or public office shall prepare and serve
28 the income withholding notice in accordance with the
29 provisions of subsection (C), except that the notice shall
30 contain a periodic amount for payment of the delinquency
31 equal to 20% of the total of the current support amount and
32 the amount to be paid periodically for payment of any
33 arrearage stated in the most recent order for support.
34 (3) If the obligor requests in writing that income
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1 withholding become effective prior to the obligor accruing a
2 delinquency under the most recent order for support, the
3 obligee or public office may prepare and serve an income
4 withholding notice on the payor as provided in subsection
5 (B). In addition to filing proofs of service of the income
6 withholding notice on the payor and the obligor, the obligee
7 or public office shall file a copy of the obligor's written
8 request for income withholding with the Clerk of the Circuit
9 Court.
10 (4) All other provisions of this Section shall be
11 applicable with respect to the provisions of this subsection
12 (I).
13 (J) Remedies in Addition to Other Laws.
14 (1) The rights, remedies, duties and penalties created
15 by this Section are in addition to and not in substitution
16 for any other rights, remedies, duties and penalties created
17 by any other law.
18 (2) Nothing in this Section shall be construed as
19 invalidating any assignment of wages or benefits executed
20 prior to July 1, 1985 or any order for withholding served
21 prior to July 1, 1997.
22 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
23 90-425, eff. 8-15-97; revised 9-29-97.)
24 Section 174. The Adoption Act is amended by changing
25 Sections 1, 10, and 20 as follows:
26 (750 ILCS 50/1) (from Ch. 40, par. 1501)
27 Sec. 1. Definitions. When used in this Act, unless the
28 context otherwise requires:
29 A. "Child" means a person under legal age subject to
30 adoption under this Act.
31 B. "Related child" means a child subject to adoption
32 where either or both of the adopting parents stands in any of
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1 the following relationships to the child by blood or
2 marriage: parent, grand-parent, brother, sister, step-parent,
3 step-grandparent, step-brother, step-sister, uncle, aunt,
4 great-uncle, great-aunt, or cousin of first degree. A child
5 whose parent has executed a final irrevocable consent to
6 adoption or a final irrevocable surrender for purposes of
7 adoption, or whose parent has had his or her parental rights
8 terminated, is not a related child to that person, unless the
9 consent is determined to be void or is void pursuant to
10 subsection O of Section 10.
11 C. "Agency" for the purpose of this Act means a public
12 child welfare agency or a licensed child welfare agency.
13 D. "Unfit person" means any person whom the court shall
14 find to be unfit to have a child, without regard to the
15 likelihood that the child will be placed for adoption. The
16 grounds of unfitness are any one or more of the following:
17 (a) Abandonment of the child.
18 (a-1) Abandonment of a newborn infant in a
19 hospital.
20 (a-2) Abandonment of a newborn infant in any
21 setting where the evidence suggests that the parent
22 intended to relinquish his or her parental rights.
23 (b) Failure to maintain a reasonable degree of
24 interest, concern or responsibility as to the child's
25 welfare.
26 (c) Desertion of the child for more than 3 months
27 next preceding the commencement of the Adoption
28 proceeding.
29 (d) Substantial neglect of the child if continuous
30 or repeated.
31 (d-1) Substantial neglect, if continuous or
32 repeated, of any child residing in the household which
33 resulted in the death of that child.
34 (e) Extreme or repeated cruelty to the child.
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1 (f) Two or more findings of physical abuse to any
2 children under Section 4-8 of the Juvenile Court Act or
3 Section 2-21 of the Juvenile Court Act of 1987, the most
4 recent of which was determined by the juvenile court
5 hearing the matter to be supported by clear and
6 convincing evidence; a criminal conviction or a finding
7 of not guilty by reason of insanity resulting from the
8 death of any child by physical child abuse; or a finding
9 of physical child abuse resulting from the death of any
10 child under Section 4-8 of the Juvenile Court Act or
11 Section 2-21 of the Juvenile Court Act of 1987.
12 (g) Failure to protect the child from conditions
13 within his environment injurious to the child's welfare.
14 (h) Other neglect of, or misconduct toward the
15 child; provided that in making a finding of unfitness the
16 court hearing the adoption proceeding shall not be bound
17 by any previous finding, order or judgment affecting or
18 determining the rights of the parents toward the child
19 sought to be adopted in any other proceeding except such
20 proceedings terminating parental rights as shall be had
21 under either this Act, the Juvenile Court Act or the
22 Juvenile Court Act of 1987.
23 (i) Depravity.
24 (j) Open and notorious adultery or fornication.
25 (j-1) Conviction of any one of the following crimes
26 shall create a presumption of unfitness that may be
27 overcome only by clear and convincing evidence: (1) first
28 degree murder in violation of paragraph 1 or 2 of
29 subsection (a) of Section 9-1 of the Criminal Code of
30 1961 or conviction of second degree murder in violation
31 of subsection (a) of Section 9-2 of the Criminal Code of
32 1961 of a parent of the child to be adopted; (2) a
33 criminal conviction of first degree murder or second
34 degree murder of any child in violation of the Criminal
-1327- LRB9000999EGfgam01
1 Code of 1961; (3) a criminal conviction of attempt or
2 conspiracy to commit first degree murder or second degree
3 murder of any child in violation of the Criminal Code of
4 1961; (4) a criminal conviction of solicitation to commit
5 murder of any child, solicitation to commit murder of any
6 child for hire, or solicitation to commit second degree
7 murder of any child in violation of the Criminal Code of
8 1961; (5) a criminal conviction of accountability for the
9 first or second degree murder of any child in violation
10 of the Criminal Code of 1961; or (6) a criminal
11 conviction of aggravated criminal sexual assault in
12 violation of Section 12-14(b)(1) of the Criminal Code of
13 1961.
14 (k) Habitual drunkenness or addiction to drugs,
15 other than those prescribed by a physician, for at least
16 one year immediately prior to the commencement of the
17 unfitness proceeding.
18 (l) Failure to demonstrate a reasonable degree of
19 interest, concern or responsibility as to the welfare of
20 a new born child during the first 30 days after its
21 birth.
22 (m) Failure by a parent to make reasonable efforts
23 to correct the conditions that were the basis for the
24 removal of the child from the parent, or to make
25 reasonable progress toward the return of the child to the
26 parent within 9 months after an adjudication of neglected
27 or abused minor under Section 2-3 of the Juvenile Court
28 Act of 1987 or dependent minor under Section 2-4 of that
29 Act. If a service plan has been established as required
30 under Section 8.2 of the Abused and Neglected Child
31 Reporting Act to correct the conditions that were the
32 basis for the removal of the child from the parent and if
33 those services were available, then, for purposes of this
34 Act, "failure to make reasonable progress toward the
-1328- LRB9000999EGfgam01
1 return of the child to the parent" includes the parent's
2 failure to substantially fulfill his or her obligations
3 under the service plan and correct the conditions that
4 brought the child into care within 9 months after the
5 adjudication under Section 2-3 or 2-4 of the Juvenile
6 Court Act of 1987.
7 (n) Evidence of intent to forego his or her
8 parental rights, whether or not the child is a ward of
9 the court, (1) as manifested by his or her failure for a
10 period of 12 months: (i) to visit the child, (ii) to
11 communicate with the child or agency, although able to do
12 so and not prevented from doing so by an agency or by
13 court order, or (iii) to maintain contact with or plan
14 for the future of the child, although physically able to
15 do so, or (2) as manifested by the father's failure,
16 where he and the mother of the child were unmarried to
17 each other at the time of the child's birth, (i) to
18 commence legal proceedings to establish his paternity
19 under the Illinois Parentage Act of 1984 or the law of
20 the jurisdiction of the child's birth within 30 days of
21 being informed, pursuant to Section 12a of this Act, that
22 he is the father or the likely father of the child or,
23 after being so informed where the child is not yet born,
24 within 30 days of the child's birth, or (ii) to make a
25 good faith effort to pay a reasonable amount of the
26 expenses related to the birth of the child and to provide
27 a reasonable amount for the financial support of the
28 child, the court to consider in its determination all
29 relevant circumstances, including the financial condition
30 of both parents; provided that the ground for termination
31 provided in this subparagraph (n)(2)(ii) shall only be
32 available where the petition is brought by the mother or
33 the husband of the mother.
34 Contact or communication by a parent with his or her
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1 child that does not demonstrate affection and concern
2 does not constitute reasonable contact and planning under
3 subdivision (n). In the absence of evidence to the
4 contrary, the ability to visit, communicate, maintain
5 contact, pay expenses and plan for the future shall be
6 presumed. The subjective intent of the parent, whether
7 expressed or otherwise, unsupported by evidence of the
8 foregoing parental acts manifesting that intent, shall
9 not preclude a determination that the parent has intended
10 to forego his or her parental rights. In making this
11 determination, the court may consider but shall not
12 require a showing of diligent efforts by an authorized
13 agency to encourage the parent to perform the acts
14 specified in subdivision (n).
15 It shall be an affirmative defense to any allegation
16 under paragraph (2) of this subsection that the father's
17 failure was due to circumstances beyond his control or to
18 impediments created by the mother or any other person
19 having legal custody. Proof of that fact need only be by
20 a preponderance of the evidence.
21 (o) Repeated or continuous failure by the parents,
22 although physically and financially able, to provide the
23 child with adequate food, clothing, or shelter.
24 (p) Inability to discharge parental
25 responsibilities supported by competent evidence from a
26 psychiatrist, licensed clinical social worker, or
27 clinical psychologist of mental impairment, mental
28 illness or mental retardation as defined in Section 1-116
29 of the Mental Health and Developmental Disabilities Code,
30 or developmental disability as defined in Section 1-106
31 of that Code, and there is sufficient justification to
32 believe that the inability to discharge parental
33 responsibilities shall extend beyond a reasonable time
34 period. However, this subdivision (p) shall not be
-1330- LRB9000999EGfgam01
1 construed so as to permit a licensed clinical social
2 worker to conduct any medical diagnosis to determine
3 mental illness or mental impairment.
4 (q) A finding of physical abuse of the child under
5 Section 4-8 of the Juvenile Court Act or Section 2-21 of
6 the Juvenile Court Act of 1987 and a criminal conviction
7 of aggravated battery of the child.
8 (r) The child is in the temporary custody or
9 guardianship of the Department of Children and Family
10 Services, the parent is incarcerated as a result of
11 criminal conviction at the time the petition or motion
12 for termination of parental rights is filed, prior to
13 incarceration the parent had little or no contact with
14 the child or provided little or no support for the child,
15 and the parent's incarceration will prevent the parent
16 from discharging his or her parental responsibilities for
17 the child for a period in excess of 2 years after the
18 filing of the petition or motion for termination of
19 parental rights.
20 (s) The child is in the temporary custody or
21 guardianship of the Department of Children and Family
22 Services, the parent is incarcerated at the time the
23 petition or motion for termination of parental rights is
24 filed, the parent has been repeatedly incarcerated as a
25 result of criminal convictions, and the parent's repeated
26 incarceration has prevented the parent from discharging
27 his or her parental responsibilities for the child.
28 (t) (r) A finding that at birth the child's blood,
29 or urine, or meconium contained any amount of a
30 controlled substance as defined in subsection (f) of
31 Section 102 of the Illinois Controlled Substances Act, or
32 a metabolite of a controlled substance, with the
33 exception of controlled substances or metabolites of such
34 substances, the presence of which in the newborn infant
-1331- LRB9000999EGfgam01
1 was the result of medical treatment administered to the
2 mother or the newborn infant, and that the biological
3 mother of this child is the biological mother of at least
4 one other child who was adjudicated a neglected minor
5 under subsection (c) of Section 2-3 of the Juvenile Court
6 Act of 1987, after which the biological mother had the
7 opportunity to enroll in and participate in a clinically
8 appropriate substance abuse drug counseling, treatment,
9 and rehabilitation program.
10 E. "Parent" means the father or mother of a legitimate
11 or illegitimate child. For the purpose of this Act, a person
12 who has executed a final and irrevocable consent to adoption
13 or a final and irrevocable surrender for purposes of
14 adoption, or whose parental rights have been terminated by a
15 court, is not a parent of the child who was the subject of
16 the consent or surrender, unless the consent is void pursuant
17 to subsection O of Section 10.
18 F. A person is available for adoption when the person
19 is:
20 (a) a child who has been surrendered for adoption
21 to an agency and to whose adoption the agency has
22 thereafter consented;
23 (b) a child to whose adoption a person authorized
24 by law, other than his parents, has consented, or to
25 whose adoption no consent is required pursuant to Section
26 8 of this Act;
27 (c) a child who is in the custody of persons who
28 intend to adopt him through placement made by his
29 parents;
30 (c-1) a child for whom a parent has signed a
31 specific consent pursuant to subsection O of Section 10;
32 or
33 (d) an adult who meets the conditions set forth in
34 Section 3 of this Act.
-1332- LRB9000999EGfgam01
1 A person who would otherwise be available for adoption
2 shall not be deemed unavailable for adoption solely by reason
3 of his or her death.
4 G. The singular includes the plural and the plural
5 includes the singular and the "male" includes the "female",
6 as the context of this Act may require.
7 H. "Adoption disruption" occurs when an adoptive
8 placement does not prove successful and it becomes necessary
9 for the child to be removed from placement before the
10 adoption is finalized.
11 I. "Foreign placing agency" is an agency or individual
12 operating in a country or territory outside the United States
13 that is authorized by its country to place children for
14 adoption either directly with families in the United States
15 or through United States based international agencies.
16 J. "Immediate relatives" means the biological parents,
17 the parents of the biological parents and siblings of the
18 biological parents.
19 K. "Intercountry adoption" is a process by which a child
20 from a country other than the United States is adopted.
21 L. "Intercountry Adoption Coordinator" is a staff person
22 of the Department of Children and Family Services appointed
23 by the Director to coordinate the provision of services by
24 the public and private sector to prospective parents of
25 foreign-born children.
26 M. "Interstate Compact on the Placement of Children" is
27 a law enacted by most states for the purpose of establishing
28 uniform procedures for handling the interstate placement of
29 children in foster homes, adoptive homes, or other child care
30 facilities.
31 N. "Non-Compact state" means a state that has not
32 enacted the Interstate Compact on the Placement of Children.
33 O. "Preadoption requirements" are any conditions
34 established by the laws or regulations of the Federal
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1 Government or of each state that must be met prior to the
2 placement of a child in an adoptive home.
3 P. "Abused child" means a child whose parent or
4 immediate family member, or any person responsible for the
5 child's welfare, or any individual residing in the same home
6 as the child, or a paramour of the child's parent:
7 (a) inflicts, causes to be inflicted, or allows to
8 be inflicted upon the child physical injury, by other
9 than accidental means, that causes death, disfigurement,
10 impairment of physical or emotional health, or loss or
11 impairment of any bodily function;
12 (b) creates a substantial risk of physical injury
13 to the child by other than accidental means which would
14 be likely to cause death, disfigurement, impairment of
15 physical or emotional health, or loss or impairment of
16 any bodily function;
17 (c) commits or allows to be committed any sex
18 offense against the child, as sex offenses are defined in
19 the Criminal Code of 1961 and extending those definitions
20 of sex offenses to include children under 18 years of
21 age;
22 (d) commits or allows to be committed an act or
23 acts of torture upon the child; or
24 (e) inflicts excessive corporal punishment.
25 Q. "Neglected child" means any child whose parent or
26 other person responsible for the child's welfare withholds or
27 denies nourishment or medically indicated treatment including
28 food or care denied solely on the basis of the present or
29 anticipated mental or physical impairment as determined by a
30 physician acting alone or in consultation with other
31 physicians or otherwise does not provide the proper or
32 necessary support, education as required by law, or medical
33 or other remedial care recognized under State law as
34 necessary for a child's well-being, or other care necessary
-1334- LRB9000999EGfgam01
1 for his or her well-being, including adequate food, clothing
2 and shelter; or who is abandoned by his or her parents or
3 other person responsible for the child's welfare.
4 A child shall not be considered neglected or abused for
5 the sole reason that the child's parent or other person
6 responsible for his or her welfare depends upon spiritual
7 means through prayer alone for the treatment or cure of
8 disease or remedial care as provided under Section 4 of the
9 Abused and Neglected Child Reporting Act.
10 R. "Putative father" means a man who may be a child's
11 father, but who (1) is not married to the child's mother on
12 or before the date that the child was or is to be born and
13 (2) has not established paternity of the child in a court
14 proceeding before the filing of a petition for the adoption
15 of the child. The term includes a male who is less than 18
16 years of age. "Putative father" does not mean a man who is
17 the child's father as a result of criminal sexual abuse or
18 assault as defined under Article 12 of the Criminal Code of
19 1961.
20 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
21 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
22 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
23 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
24 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
25 (750 ILCS 50/10) (from Ch. 40, par. 1512)
26 Sec. 10. Forms of consent and surrender; execution and
27 acknowledgment thereof.)
28 A. The form of consent required for the adoption of a
29 born child shall be substantially as follows:
30 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
31 I, ...., (relationship, e.g., mother, father, relative,
32 guardian) of ...., a ..male child, state:
33 That such child was born on .... at ....
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1 That I reside at ...., County of .... and State of ....
2 That I am of the age of .... years.
3 That I hereby enter my appearance in this proceeding and
4 waive service of summons on me.
5 That I do hereby consent and agree to the adoption of
6 such child.
7 That I wish to and understand that by signing this
8 consent I do irrevocably and permanently give up all custody
9 and other parental rights I have to such child.
10 That I understand such child will be placed for adoption
11 and that I cannot under any circumstances, after signing this
12 document, change my mind and revoke or cancel this consent or
13 obtain or recover custody or any other rights over such
14 child. That I have read and understand the above and I am
15 signing it as my free and voluntary act.
16 Dated this .... day of ...., 19....
17 If under Section 8 the consent of more than one person is
18 required, then each such person shall execute a separate
19 consent.
20 B. The form of consent required for the adoption of an
21 unborn child shall be substantially as follows:
22 CONSENT TO ADOPTION OF UNBORN CHILD
23 I, ...., state:
24 That I am the father of a child expected to be born on or
25 about .... to .... (name of mother).
26 That I reside at .... County of ...., and State of .....
27 That I am of the age of .... years.
28 That I hereby enter my appearance in such adoption
29 proceeding and waive service of summons on me.
30 That I do hereby consent and agree to the adoption of
31 such child, and that I have not previously executed a consent
32 or surrender with respect to such child.
33 That I wish to and do understand that by signing this
34 consent I do irrevocably and permanently give up all custody
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1 and other parental rights I have to such child, except that I
2 have the right to revoke this consent by giving written
3 notice of my revocation not later than 72 hours after the
4 birth of the child.
5 That I understand such child will be placed for adoption
6 and that, except as hereinabove provided, I cannot under any
7 circumstances, after signing this document, change my mind
8 and revoke or cancel this consent or obtain or recover
9 custody or any other rights over such child.
10 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 ........................
14 C. The form of surrender to any agency given by a parent
15 of a born child who is to be subsequently placed for adoption
16 shall be substantially as follows and shall contain such
17 other facts and statements as the particular agency shall
18 require.
19 FINAL AND IRREVOCABLE SURRENDER
20 FOR PURPOSES OF ADOPTION
21 I, .... (relationship, e.g., mother, father, relative,
22 guardian) of ...., a ..male child, state:
23 That such child was born on ...., at .....
24 That I reside at ...., County of ...., and State of .....
25 That I am of the age of .... years.
26 That I do hereby surrender and entrust the entire custody
27 and control of such child to the .... (the "Agency"), a
28 (public) (licensed) child welfare agency with its principal
29 office in the City of ...., County of .... and State of ....,
30 for the purpose of enabling it to care for and supervise the
31 care of such child, to place such child for adoption and to
32 consent to the legal adoption of such child.
33 That I hereby grant to the Agency full power and
34 authority to place such child with any person or persons it
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1 may in its sole discretion select to become the adopting
2 parent or parents and to consent to the legal adoption of
3 such child by such person or persons; and to take any and all
4 measures which, in the judgment of the Agency, may be for the
5 best interests of such child, including authorizing medical,
6 surgical and dental care and treatment including inoculation
7 and anaesthesia for such child.
8 That I wish to and understand that by signing this
9 surrender I do irrevocably and permanently give up all
10 custody and other parental rights I have to such child.
11 That I understand I cannot under any circumstances, after
12 signing this surrender, change my mind and revoke or cancel
13 this surrender or obtain or recover custody or any other
14 rights over such child.
15 That I have read and understand the above and I am
16 signing it as my free and voluntary act.
17 Dated this .... day of ...., 19...
18 ........................
19 D. The form of surrender to an agency given by a parent
20 of an unborn child who is to be subsequently placed for
21 adoption shall be substantially as follows and shall contain
22 such other facts and statements as the particular agency
23 shall require.
24 SURRENDER OF UNBORN CHILD FOR
25 PURPOSES OF ADOPTION
26 I, .... (father), state:
27 That I am the father of a child expected to be born on or
28 about .... to .... (name of mother).
29 That I reside at ...., County of ...., and State of .....
30 That I am of the age of .... years.
31 That I do hereby surrender and entrust the entire custody
32 and control of such child to the .... (the "Agency"), a
33 (public) (licensed) child welfare agency with its principal
34 office in the City of ...., County of .... and State of
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1 ...., for the purpose of enabling it to care for and
2 supervise the care of such child, to place such child for
3 adoption and to consent to the legal adoption of such child,
4 and that I have not previously executed a consent or
5 surrender with respect to such child.
6 That I hereby grant to the Agency full power and
7 authority to place such child with any person or persons it
8 may in its sole discretion select to become the adopting
9 parent or parents and to consent to the legal adoption of
10 such child by such person or persons; and to take any and all
11 measures which, in the judgment of the Agency, may be for the
12 best interests of such child, including authorizing medical,
13 surgical and dental care and treatment, including inoculation
14 and anaesthesia for such child.
15 That I wish to and understand that by signing this
16 surrender I do irrevocably and permanently give up all
17 custody and other parental rights I have to such child.
18 That I understand I cannot under any circumstances, after
19 signing this surrender, change my mind and revoke or cancel
20 this surrender or obtain or recover custody or any other
21 rights over such child, except that I have the right to
22 revoke this surrender by giving written notice of my
23 revocation not later than 72 hours after the birth of such
24 child.
25 That I have read and understand the above and I am
26 signing it as my free and voluntary act.
27 Dated this .... day of ...., 19...
28 ........................
29 E. The form of consent required from the parents for the
30 adoption of an adult, when such adult elects to obtain such
31 consent, shall be substantially as follows:
32 CONSENT
33 I, ...., (father) (mother) of ...., an adult, state:
34 That I reside at ...., County of .... and State of .....
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1 That I do hereby consent and agree to the adoption of
2 such adult by .... and .....
3 Dated this .... day of .......... 19
4 F. The form of consent required for the adoption of a
5 child of the age of 14 years or upwards, or of an adult, to
6 be given by such person, shall be substantially as follows:
7 CONSENT
8 I, ...., state:
9 That I reside at ...., County of .... and State of .....
10 That I am of the age of .... years. That I consent and
11 agree to my adoption by .... and .....
12 Dated this .... day of ......., 19...
13 ........................
14 G. The form of consent given by an agency to the
15 adoption by specified persons of a child previously
16 surrendered to it shall set forth that the agency has the
17 authority to execute such consent. The form of consent given
18 by a guardian of the person of a child sought to be adopted,
19 appointed by a court of competent jurisdiction, shall set
20 forth the facts of such appointment and the authority of the
21 guardian to execute such consent.
22 H. A consent (other than that given by an agency, or
23 guardian of the person of the child sought to be adopted
24 appointed by a court of competent jurisdiction) shall be
25 acknowledged by a parent before the presiding judge of the
26 court in which the petition for adoption has been, or is to
27 be filed or before any other judge designated or subsequently
28 approved by the court, or the circuit clerk if so authorized
29 by the presiding judge or, except as otherwise provided in
30 this Act, before a representative of the Department of
31 Children and Family Services or a licensed child welfare
32 agency, or before social service personnel under the
33 jurisdiction of a court of competent jurisdiction, or before
34 social service personnel of the Cook County Department of
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1 Supportive Services designated by the presiding judge.
2 I. A surrender, or any other document equivalent to a
3 surrender, by which a child is surrendered to an agency shall
4 be acknowledged by the person signing such surrender, or
5 other document, before a judge or the clerk of any court of
6 record, either in this State or any other state of the United
7 States, or before a representative of an agency or before any
8 other person designated or approved by the presiding judge of
9 the court in which the petition for adoption has been, or is
10 to be, filed.
11 J. The form of the certificate of acknowledgment for a
12 consent, a surrender, or any other document equivalent to a
13 surrender, shall be substantially as follows:
14 STATE OF ....)
15 ) SS.
16 COUNTY OF ...)
17 I, .... (Name of judge or other person), .... (official
18 title, name and location of court or status or position of
19 other person), certify that ...., personally known to me to
20 be the same person whose name is subscribed to the foregoing
21 (consent) (surrender), appeared before me this day in person
22 and acknowledged that (she) (he) signed and delivered such
23 (consent) (surrender) as (her) (his) free and voluntary act,
24 for the specified purpose.
25 I have fully explained that by signing such (consent)
26 (surrender) (she) (he) is irrevocably relinquishing all
27 parental rights to such child or adult and (she) (he) has
28 stated that such is (her) (his) intention and desire.
29 Dated 19
30 Signature
31 K. When the execution of a consent or a surrender is
32 acknowledged before someone other than a judge or the clerk
33 of a court of record, such other person shall have his
34 signature on the certificate acknowledged before a notary
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1 public, in form substantially as follows:
2 STATE OF ....)
3 ) SS.
4 COUNTY OF ...)
5 I, a Notary Public, in and for the County of ......, in
6 the State of ......, certify that ...., personally known to
7 me to be the same person whose name is subscribed to the
8 foregoing certificate of acknowledgment, appeared before me
9 in person and acknowledged that (she) (he) signed such
10 certificate as (her) (his) free and voluntary act and that
11 the statements made in the certificate are true.
12 Dated ......... 19...
13 Signature ...................... Notary Public
14 (official seal)
15 There shall be attached a certificate of magistracy, or
16 other comparable proof of office of the notary public
17 satisfactory to the court, to a consent signed and
18 acknowledged in another state.
19 L. A surrender or consent executed and acknowledged
20 outside of this State, either in accordance with the law of
21 this State or in accordance with the law of the place where
22 executed, is valid.
23 M. Where a consent or a surrender is signed in a foreign
24 country, the execution of such consent shall be acknowledged
25 or affirmed in a manner conformable to the law and procedure
26 of such country.
27 N. If the person signing a consent or surrender is in
28 the military service of the United States, the execution of
29 such consent or surrender may be acknowledged before a
30 commissioned officer and the signature of such officer on
31 such certificate shall be verified or acknowledged before a
32 notary public or by such other procedure as is then in effect
33 for such division or branch of the armed forces.
34 O. (1) The parent or parents of a child in whose
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1 interests a petition under Section 2-13 of the Juvenile Court
2 Act of 1987 is pending may, with the approval of the
3 designated representative of the Department of Children and
4 Family Services, execute a consent to adoption by a specified
5 person or persons:
6 (a) in whose physical custody the child has resided
7 for at least one year; or
8 (b) in whose physical custody at least one sibling
9 of the child who is the subject of this consent has
10 resided for at least one year, and the child who is the
11 subject of this consent is currently residing in this
12 foster home; or
13 (c) in whose physical custody a child under one
14 year of age has resided for at least 3 months.
15 A consent under this subsection O shall be acknowledged by a
16 parent pursuant to subsection H and subsection K of this
17 Section.
18 (2) The consent to adoption by a specified person or
19 persons shall have the caption of the proceeding in which it
20 is to be filed and shall be substantially as follows:
21 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
22 A SPECIFIED PERSON OR PERSONS
23 I, ......................................, the
24 .................. (mother or father) of a ....male child,
25 state:
26 1. My child ............................ (name of
27 child) was born on (date) ............, ...... at
28 .................... Hospital in ................ County,
29 State of .............. .
30 2. I reside at ......................, County of
31 ............. and State of ............. .
32 3. I, ..........................., am .... years
33 old.
34 4. I enter my appearance in this action to adopt my
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1 child by the person or persons specified herein by me and
2 waive service of summons on me in this action only.
3 5. I consent to the adoption of my child by
4 ............................. (specified person or
5 persons) only.
6 6. I wish to sign this consent and I understand
7 that by signing this consent I irrevocably and
8 permanently give up all parental rights I have to my
9 child if my child is adopted by
10 ............................. (specified person or
11 persons).
12 7. I understand my child will be adopted by
13 ............................. (specified person or
14 persons) only and that I cannot under any circumstances,
15 after signing this document, change my mind and revoke or
16 cancel this consent or obtain or recover custody or any
17 other rights over my child if
18 ............................ (specified person or
19 persons) adopt my child.
20 8. I understand that this consent to adoption is
21 valid only if the petition to adopt is filed within one
22 year from the date that I sign it and that if
23 ....................... (specified person or persons),
24 for any reason, cannot or will not file a petition to
25 adopt my child within that one year period or if their
26 adoption petition is denied, then this consent will be
27 void. I have the right to notice of any other proceeding
28 that could affect my parental rights, except for the
29 proceeding for ............. (specified person or
30 persons) to adopt my child.
31 9. I have read and understand the above and I am
32 signing it as my free and voluntary act.
33 Dated this ..... day of ....., .......
34 .............................................
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1 Signature of parent
2 (3) If the parent consents to an adoption by 2 specified
3 persons, then the form shall contain 2 additional paragraphs
4 in substantially the following form:
5 10. If ............... (specified persons) get a
6 divorce before the petition to adopt my child is granted,
7 then .......... (specified person) shall adopt my child.
8 I 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 and
11 ............. (specified person) adopts my child. I
12 understand that I cannot change my mind and revoke this
13 consent or obtain or recover custody over my child if
14 ................. (specified persons) divorce after the
15 adoption is final. I understand that this consent to
16 adoption has no effect on who will get custody of my
17 child if they divorce after the adoption is final.
18 11. I understand that if either ...............
19 (specified persons) dies before the petition to adopt my
20 child is granted, then the surviving person can adopt my
21 child. I understand that I cannot change my mind and
22 revoke this consent or obtain or recover custody over my
23 child if the surviving person adopts my child.
24 A consent to adoption by specified persons on this form
25 shall have no effect on a court's determination of custody or
26 visitation under the Illinois Marriage and Dissolution of
27 Marriage Act if the marriage of the specified persons is
28 dissolved after the adoption is final.
29 (4) The form of the certificate of acknowledgement for a
30 Final and Irrevocable Consent for Adoption by a Specified
31 Person or Persons shall be substantially as follows:
32 STATE OF..............)
33 ) SS.
34 COUNTY OF.............)
-1345- LRB9000999EGfgam01
1 I, .................... (Name of Judge or other person),
2 ..................... (official title, name, and address),
3 certify that ............., personally known to me to be the
4 same person whose name is subscribed to the foregoing Final
5 and Irrevocable Consent for Adoption by a Specified Person or
6 Persons, appeared before me this day in person and
7 acknowledged that (she)(he) signed and delivered the consent
8 as (her)(his) free and voluntary act, for the specified
9 purpose.
10 I have fully explained that this consent to adoption is
11 valid only if the petition to adopt is filed within one year
12 from the date that it is signed, and that if the specified
13 person or persons, for any reason, cannot or will not adopt
14 the child or if the adoption petition is denied, then this
15 consent will be void. I have fully explained that if the
16 specified person or persons adopt the child, by signing this
17 consent (she)(he) is irrevocably and permanently
18 relinquishing all parental rights to the child, and (she)(he)
19 has stated that such is (her)(his) intention and desire.
20 Dated ............., ........
21 ...............................
22 Signature
23 (5) If a consent to adoption by a specified person or
24 persons is executed in this form, the following provisions
25 shall apply. The consent shall be valid only if that
26 specified person or persons adopt the child. The consent
27 shall be void if:
28 (a) the specified person or persons do not file a
29 petition to adopt the child within one year after the
30 consent is signed; or
31 (b) a court denies the adoption petition; or
32 (c) the Department of Children and Family Services
33 Guardianship Administrator determines that the specified
34 person or persons will not or cannot complete the
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1 adoption, or in the best interests of the child should
2 not adopt the child.
3 Within 30 days of the consent becoming void, the
4 Department of Children and Family Services Guardianship
5 Administrator shall make good faith attempts to notify the
6 parent in writing and shall give written notice to the court
7 and all additional parties in writing that the adoption has
8 not occurred or will not occur and that the consent is void.
9 If the adoption by a specified person or persons does not
10 occur, no proceeding for termination of parental rights shall
11 be brought unless the biological parent who executed the
12 consent to adoption by a specified person or persons has been
13 notified of the proceeding pursuant to Section 7 of this Act
14 or subsection (4) of Section 2-13 of the Juvenile Court Act
15 of 1987. The parent shall not need to take further action to
16 revoke the consent if the specified adoption does not occur,
17 notwithstanding the provisions of Section 11 of this Act.
18 (6) The Department of Children and Family Services is
19 authorized to promulgate rules necessary to implement this
20 subsection O.
21 (7) The Department shall collect and maintain data
22 concerning the efficacy of specific consents. This data
23 shall include the number of specific consents executed and
24 their outcomes, including but not limited to the number of
25 children adopted pursuant to the consents, the number of
26 children for whom adoptions are not completed, and the reason
27 or reasons why the adoptions are not completed.
28 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
29 P.A. 90-443); revised 12-18-97.)
30 (750 ILCS 50/20) (from Ch. 40, par. 1524)
31 Sec. 20. Practice. The provisions of the Civil Practice
32 Law and all existing and future amendments of that Law and
33 the Supreme Court Rules now or hereafter adopted in relation
-1347- LRB9000999EGfgam01
1 to that Law shall apply to all adoption proceedings except as
2 otherwise specifically provided in this Act.
3 Proceedings under this Act shall receive priority over
4 other civil cases in being set for hearing.
5 No matters not germane to the distinctive purpose of a
6 proceeding under this Act shall be introduced by joinder,
7 counterclaim or otherwise.
8 An appeal from a judgment order for adoption or other
9 appealable orders under this Act shall be prosecuted and
10 heard on an expedited basis, unless good cause for doing
11 otherwise is shown.
12 In the event a judgment order for adoption is vacated or
13 a petition for adoption is denied, the court shall promptly
14 conduct a hearing as to the temporary and permanent custody
15 of the minor child who is the subject of the proceedings
16 pursuant to Part VI of the Illinois Marriage and Dissolution
17 of Marriage Act. The parties to said proceedings shall be
18 the petitioners to the adoption proceedings, the minor child,
19 any biological parents whose parental rights have not been
20 terminated, and other parties who have been granted leave to
21 intervene in the proceedings.
22 This Act shall be liberally construed, and the rule that
23 statutes in derogation of the common law must be strictly
24 construed shall not apply to this Act.
25 All defects in pleadings, either in form or substance,
26 not objected to 45 prior to the entry of final judgment,
27 shall be deemed to be waived.
28 As to persons over whom the court had jurisdiction or
29 persons claiming under them, it shall be no basis for attack
30 as to the validity of an adoption judgment that the court
31 lacked jurisdiction over some other person or persons over
32 whom it should have had jurisdiction. If, upon attack by a
33 person or persons over whom the court lacked jurisdiction, or
34 persons claiming under them, an adoption judgment is set
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1 aside, it shall be set aside only insofar as it affects such
2 person or persons.
3 The provisions of this Section shall apply to all cases
4 pending on or after July 3, 1994.
5 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
6 revised 12-18-97.)
7 Section 175. The Probate Act of 1975 is amended by
8 changing Section 9-3 as follows:
9 (755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
10 Sec. 9-3. Persons entitled to preference in obtaining
11 letters. The following persons are entitled to preference in
12 the following order in obtaining the issuance of letters of
13 administration and of administration with the will annexed:
14 (a) The surviving spouse or any person nominated by the
15 surviving spouse.
16 (b) The legatees or any person nominated by them, with
17 preference to legatees who are children.
18 (c) The children or any person nominated by them.
19 (d) The grandchildren or any person nominated by them.
20 (e) The parents or any person nominated by them.
21 (f) The brothers and sisters or any person nominated by
22 them.
23 (g) The nearest kindred or any person nominated by them.
24 (h) The representative of the estate of a deceased ward.
25 (i) The Public Administrator.
26 (j) A creditor of the estate.
27 Only a person qualified to act as administrator under
28 this Act may nominate, except that the guardian of the
29 estate, if any, otherwise the guardian of the person, of a
30 person who is not qualified to act as administrator solely
31 because of minority or legal disability may nominate on
32 behalf of the minor or disabled person in accordance with the
-1349- LRB9000999EGfgam01
1 order of preference set forth in this Section. A person who
2 has been removed as representative under this Act loses his
3 or her the right to name his or her a successor.
4 When several persons are claiming and are equally
5 entitled to administer or to nominate an administrator, the
6 court may grant letters to one or more of them or to the
7 nominee of one or more of them.
8 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
9 revised 10-20-97.)
10 Section 176. The Health Care Surrogate Act is amended by
11 changing Section 10 as follows:
12 (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
13 Sec. 10. Definitions.
14 "Adult" means a person who is (i) 18 years of age or
15 older or (ii) an emancipated minor under the Emancipation of
16 Mature Minors Act.
17 "Artificial nutrition and hydration" means supplying food
18 and water through a conduit, such as a tube or intravenous
19 line, where the recipient is not required to chew or swallow
20 voluntarily, including, but not limited to, nasogastric
21 tubes, gastrostomies, jejunostomies, and intravenous
22 infusions. Artificial nutrition and hydration does not
23 include assisted feeding, such as spoon or bottle feeding.
24 "Available" means that a person is not "unavailable". A
25 person is unavailable if (i) the person's existence is not
26 known, (ii) the person has not been able to be contacted by
27 telephone or mail, or (iii) the person lacks decisional
28 capacity, refuses to accept the office of surrogate, or is
29 unwilling to respond in a manner that indicates a choice
30 among the treatment matters at issue.
31 "Attending physician" means the physician selected by or
32 assigned to the patient who has primary responsibility for
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1 treatment and care of the patient and who is a licensed
2 physician in Illinois. If more than one physician shares
3 that responsibility, any of those physicians may act as the
4 attending physician under this Act.
5 "Close friend" means any person 18 years of age or older
6 who has exhibited special care and concern for the patient
7 and who presents an affidavit to the attending physician
8 stating that he or she (i) is a close friend of the patient,
9 (ii) is willing and able to become involved in the patient's
10 health care, and (iii) has maintained such regular contact
11 with the patient as to be familiar with the patient's
12 activities, health, and religious and moral beliefs. The
13 affidavit must also state facts and circumstances that
14 demonstrate that familiarity.
15 "Death" means when, according to accepted medical
16 standards, there is (i) an irreversible cessation of
17 circulatory and respiratory functions or (ii) an irreversible
18 cessation of all functions of the entire brain, including the
19 brain stem.
20 "Decisional capacity" means the ability to understand and
21 appreciate the nature and consequences of a decision
22 regarding medical treatment or forgoing life-sustaining
23 treatment and the ability to reach and communicate an
24 informed decision in the matter as determined by the
25 attending physician.
26 "Forgo life-sustaining treatment" means to withhold,
27 withdraw, or terminate all or any portion of life-sustaining
28 treatment with knowledge that the patient's death is likely
29 to result.
30 "Guardian" means a court appointed guardian of the person
31 who serves as a representative of a minor or as a
32 representative of a person under legal disability.
33 "Health care facility" means a type of health care
34 provider commonly known by a wide variety of titles,
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1 including but not limited to, hospitals, medical centers,
2 nursing homes, rehabilitation centers, long term or tertiary
3 care facilities, and other facilities established to
4 administer health care and provide overnight stays in their
5 ordinary course of business or practice.
6 "Health care provider" means a person that is licensed,
7 certified, or otherwise authorized or permitted by the law of
8 this State to administer health care in the ordinary course
9 of business or practice of a profession, including, but not
10 limited to, physicians, nurses, health care facilities, and
11 any employee, officer, director, agent, or person under
12 contract with such a person.
13 "Imminent" (as in "death is imminent") means a
14 determination made by the attending physician according to
15 accepted medical standards that death will occur in a
16 relatively short period of time, even if life-sustaining
17 treatment is initiated or continued.
18 "Life-sustaining treatment" means any medical treatment,
19 procedure, or intervention that, in the judgment of the
20 attending physician, when applied to a patient with a
21 qualifying condition, would not be effective to remove the
22 qualifying condition or would serve only to prolong the dying
23 process. Those procedures can include, but are not limited
24 to, assisted ventilation, renal dialysis, surgical
25 procedures, blood transfusions, and the administration of
26 drugs, antibiotics, and artificial nutrition and hydration.
27 "Minor" means an individual who is not an adult as
28 defined in this Act.
29 "Parent" means a person who is the natural or adoptive
30 mother or father of the child and whose parental rights have
31 not been terminated by a court of law.
32 "Patient" means an adult or minor individual, unless
33 otherwise specified, under the care or treatment of a
34 licensed physician or other health care provider.
-1352- LRB9000999EGfgam01
1 "Person" means an individual, a corporation, a business
2 trust, a trust, a partnership, an association, a government,
3 a governmental subdivision or agency, or any other legal
4 entity.
5 "Qualifying condition" means the existence of one or more
6 of the following conditions in a patient certified in writing
7 in the patient's medical record by the attending physician
8 and by at least one other qualified physician:
9 (1) "Terminal condition" means an illness or injury
10 for which there is no reasonable prospect of cure or
11 recovery, death is imminent, and the application of
12 life-sustaining treatment would only prolong the dying
13 process.
14 (2) "Permanent unconsciousness" means a condition
15 that, to a high degree of medical certainty, (i) will
16 last permanently, without improvement, (ii) in which
17 thought, sensation, purposeful action, social
18 interaction, and awareness of self and environment are
19 absent, and (iii) for which initiating or continuing
20 life-sustaining treatment, in light of the patient's
21 medical condition, provides only minimal medical benefit.
22 (3) "Incurable or irreversible condition" means an
23 illness or injury (i) for which there is no reasonable
24 prospect of cure or recovery, (ii) that ultimately will
25 cause the patient's death even if life-sustaining
26 treatment is initiated or continued, (iii) that imposes
27 severe pain or otherwise imposes an inhumane burden on
28 the patient, and (iv) for which initiating or continuing
29 life-sustaining treatment, in light of the patient's
30 medical condition, provides only minimal medical benefit.
31 The determination that a patient has a qualifying
32 condition creates no presumption regarding the application or
33 non-application of life-sustaining treatment. It is only
34 after a determination by the attending physician that the
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1 patient has a qualifying condition that the surrogate
2 decision maker may consider whether or not to forgo
3 life-sustaining treatment. In making this decision, the
4 surrogate shall weigh the burdens on the patient of
5 initiating or continuing life-sustaining treatment against
6 the benefits of that treatment.
7 "Qualified physician" means a physician licensed to
8 practice medicine in all of its branches in Illinois who has
9 personally examined the patient.
10 "Surrogate decision maker" means an adult individual or
11 individuals who (i) have decisional capacity, (ii) are
12 available upon reasonable inquiry, (iii) are willing to make
13 medical treatment decisions on behalf of a patient who lacks
14 decisional capacity, and (iv) are identified by the attending
15 physician in accordance with the provisions of this Act as
16 the person or persons who are to make those decisions in
17 accordance with the provisions of this Act.
18 (Source: P.A. 90-246, eff. 1-1-98; 90-538, eff. 12-1-97;
19 revised 1-6-98.)
20 Section 177. The Mental Health Treatment Preference
21 Declaration Act is amended by changing Section 75 as follows:
22 (755 ILCS 43/75)
23 Sec. 75. Form of declaration. A declaration for mental
24 health treatment shall be in substantially the following
25 form:
26 DECLARATION FOR MENTAL HEALTH TREATMENT
27 I ................., being an adult of sound mind,
28 willfully and voluntarily make this declaration for mental
29 health treatment to be followed if it is determined by 2
30 physicians or the court that my ability to receive and
31 evaluate information effectively or communicate decisions is
32 impaired to such an extent that I lack the capacity to refuse
-1354- LRB9000999EGfgam01
1 or consent to mental health treatment. "Mental health
2 treatment" means electroconvulsive treatment, treatment of
3 mental illness with psychotropic medication, and admission to
4 and retention in a health care facility for a period up to 17
5 days.
6 I understand that I may become incapable of giving or
7 withholding informed consent for mental health treatment due
8 to the symptoms of a diagnosed mental disorder. These
9 symptoms may include:
10 .............................................................
11 .............................................................
12 PSYCHOTROPIC MEDICATIONS
13 If I become incapable of giving or withholding informed
14 consent for mental health treatment, my wishes regarding
15 psychotropic medications are as follows:
16 ........ I consent to the administration of the following
17 medications:
18 .............................................................
19 ....... I do not consent to the administration of the
20 following medications:
21 -------------------------------------------------------------
22 Conditions or limitations:...................................
23 .............................................................
24 .............................................................
25 ELECTROCONVULSIVE TREATMENT
26 If I become incapable of giving or withholding informed
27 consent for mental health treatment, my wishes regarding
28 electroconvulsive treatment are as follows:
29 ........ I consent to the administration of electroconvulsive
30 treatment.
31 ........ I do not consent to the administration of
32 electroconvulsive treatment.
33 Conditions or limitations:...................................
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1 .............................................................
2 .............................................................
3 ADMISSION TO AND RETENTION IN FACILITY
4 If I become incapable of giving or withholding informed
5 consent for mental health treatment, my wishes regarding
6 admission to and retention in a health care facility for
7 mental health treatment are as follows:
8 .......... I consent to being admitted to a health care
9 facility for mental health treatment.
10 ......... I do not consent to being admitted to a health care
11 facility for mental health treatment.
12 This directive cannot, by law, provide consent to retain me
13 in a facility for more than 17 days.
14 Conditions or limitations:...................................
15 .............................................................
16 .............................................................
17 SELECTION OF PHYSICIAN
18 (OPTIONAL)
19 If it becomes necessary to determine if I have become
20 incapable of giving or withholding informed consent for
21 mental health treatment, I choose Dr. ..........
22 ............. of ................... to be one of the 2
23 physicians who will determine whether I am incapable. If
24 that physician is unavailable, that physician's designee
25 shall determine whether I am incapable.
26 ADDITIONAL REFERENCES OR INSTRUCTIONS
27 .............................................................
28 .............................................................
29 .............................................................
30 Conditions or limitations:...................................
31 .............................................................
32 ATTORNEY-IN-FACT
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1 I hereby appoint:
2 NAME ..................................
3 ADDRESS ...............................
4 TELEPHONE # ...........................
5 to act as my attorney-in-fact to make decisions regarding my
6 mental health treatment if I become incapable of giving or
7 withholding informed consent for that treatment.
8 If the person named above refuses or is unable to act on
9 my behalf, or if I revoke that person's authority to act as
10 my attorney-in-fact, I authorize the following person to act
11 as my attorney-in-fact:
12 NAME ................................
13 ADDRESS .............................
14 TELEPHONE # .........................
15 My attorney-in-fact is authorized to make decisions that
16 are consistent with the wishes I have expressed in this
17 declaration or, if not expressed, as are otherwise known to
18 my may attorney-in-fact. If my wishes are not expressed and
19 are not otherwise known by my attorney-in-fact, my
20 attorney-in-fact is to act in what he or she believes to be
21 my best interest.
22 .................................
23 (Signature of Principal/Date)
24 AFFIRMATION OF WITNESSES
25 We affirm that the principal is personally known to us,
26 that the principal signed or acknowledged the principal's
27 signature on this declaration for mental health treatment in
28 our presence, that the principal appears to be of sound mind
29 and not under duress, fraud or undue influence, that neither
30 of us is:
31 A person appointed as an attorney-in-fact by this
32 document;
33 The principal's attending physician or mental health
34 service provider or a relative of the physician or provider;
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1 The owner, operator, or relative of an owner or operator
2 of a facility in which the principal is a patient or
3 resident; or
4 A person related to the principal by blood, marriage or
5 adoption.
6 Witnessed By:
7 .......................... ..........................
8 (Signature of Witness/Date) (Printed Name of Witness)
9 .......................... ...........................
10 (Signature of Witness/Date) (Printed Name of Witness)
11 ACCEPTANCE OF APPOINTMENT AS ATTORNEY-IN-FACT
12 I accept this appointment and agree to serve as
13 attorney-in-fact to make decisions about mental health
14 treatment for the principal. I understand that I have a duty
15 to act consistent with the desires of the principal as
16 expressed in this appointment. I understand that this
17 document gives me authority to make decisions about mental
18 health treatment only while the principal is incapable as
19 determined by a court or 2 physicians. I understand that the
20 principal may revoke this declaration in whole or in part at
21 any time and in any manner when the principal is not
22 incapable.
23 ................................... .....................
24 (Signature of Attorney-in-fact/Date) (Printed Name)
25 ................................... ......................
26 (Signature of Attorney-in-fact/Date) (Printed Name of Witness)
27 NOTICE TO PERSON MAKING A
28 DECLARATION FOR MENTAL HEALTH TREATMENT
29 This is an important legal document. It creates a
30 declaration for mental health treatment. Before signing this
31 document, you should know these important facts:
32 This document allows you to make decisions in advance
33 about 3 types of mental health treatment: psychotropic
-1358- LRB9000999EGfgam01
1 medication, electroconvulsive therapy, and short-term (up to
2 17 days) admission to a treatment facility. The instructions
3 that you include in this declaration will be followed only if
4 2 physicians or the court believes that you are incapable of
5 making treatment decisions. Otherwise, you will be
6 considered capable to give or withhold consent for the
7 treatments.
8 You may also appoint a person as your attorney-in-fact to
9 make these treatment decisions for you if you become
10 incapable. The person you appoint has a duty to act
11 consistent with your desires as stated in this document or,
12 if your desires are not stated or otherwise made known to the
13 attorney-in-fact, to act in a manner consistent with what the
14 person in good faith believes to be in your best interest.
15 For the appointment to be effective, the person you appoint
16 must accept the appointment in writing. The person also has
17 the right to withdraw from acting as your attorney-in-fact at
18 any time.
19 This document will continue in effect for a period of 3
20 years unless you become incapable of participating in mental
21 health treatment decisions. If this occurs, the directive
22 will continue in effect until you are no longer incapable.
23 You have the right to revoke this document in whole or in
24 part at any time you have been determined by a physician to
25 be capable of giving or withholding informed consent for
26 mental health treatment. A revocation is effective when it is
27 communicated to your attending physician in writing and is
28 signed by you and a physician. The revocation may be in a
29 form similar to the following:
30 REVOCATION
31 I, ........., willfully and voluntarily revoke my declaration
32 for mental health treatment as indicated
33 [ ] I revoke my entire declaration
34 [ ] I revoke the following portion of my declaration
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1 .............................................................
2 .............................................................
3 .............................................................
4 .............................................................
5 Date ............... Signed ........................
6 (Signature of principal)
7 I, Dr. ..............., have evaluated the principal and
8 determined that he or she is capable of giving or withholding
9 informed consent for mental health treatment.
10 Date .............. ......................
11 (Signature of physician)
12 If there is anything in this document that you do not
13 understand, you should ask a lawyer to explain it to you.
14 This declaration will not be valid unless it is signed by 2
15 qualified witnesses who are personally known to you and who
16 are present when you sign or acknowledge your signature.
17 (Source: P.A. 89-439, eff. 6-1-96; revised 12-18-97.)
18 Section 178. The Illinois Power of Attorney Act is
19 amended by changing Section 2-1 as follows:
20 (755 ILCS 45/2-1) (from Ch. 110 1/2, par. 802-1)
21 Sec. 2-1. Purpose. The General Assembly recognizes that
22 each individual has the right to appoint an agent to deal
23 with property or make personal and health care decisions for
24 the individual but that this right cannot be fully effective
25 unless the principal may empower the agent to act throughout
26 the principal's lifetime, including during periods of
27 disability, and be sure that third parties will honor the
28 agent's authority at all times.
29 The General Assembly finds that in the light of modern
30 financial needs and advances in medical science, the
31 statutory recognition of this right of delegation in Illinois
32 needs to be restated to, among other things, expand its
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1 application and the permissible scope of the agent's
2 authority, clarify the power of the individual to authorize
3 an agent to make financial and care decisions for the
4 individual and better protect health care personnel and other
5 third parties who rely in good faith on the agent so that
6 reliance will be assured. Nothing in this Act shall be
7 deemed to authorize or encourage euthanasia, suicide or any
8 action or course of action that violates the criminal law of
9 this State or the United States. Similarly, nothing in this
10 Act shall be deemed to authorize or encourage any violation
11 of a civil right expressed in the Constitution, statutes,
12 case law and administrative rulings of this State (including,
13 without limitation, the right of conscience respected and
14 protected by the Health Care "Right of Conscience Act", as
15 now or hereafter amended) or the United States or any action
16 or course of action that violates the public policy expressed
17 in the Constitution, statutes, case law and administrative
18 rulings of this State or the United States.
19 (Source: P.A. 85-1395; revised 10-17-97.)
20 Section 179. The Trusts and Dissolutions of Marriage Act
21 is amended by changing Section 1 as follows:
22 (760 ILCS 35/1) (from Ch. 148, par. 301)
23 Sec. 1. (a) Unless the governing instrument or the
24 judgment of judicial termination of marriage expressly
25 provides otherwise, judicial termination of the marriage of
26 the settlor of a trust revokes every provision which is
27 revocable by the settlor pertaining to the settlor's former
28 spouse in a trust instrument or amendment thereto executed by
29 the settlor before the entry of the judgment of judicial
30 termination of the settlor's marriage, and any such trust
31 shall be administered and construed as if the settlor's
32 former spouse had died upon entry of the judgment of judicial
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1 termination of the settlor's marriage.
2 (b) A trustee who has no actual knowledge of a judgment
3 of judicial termination of the settlor's marriage, shall have
4 no liability for any action taken or omitted in good faith on
5 the assumption that the settlor is married. The preceding
6 sentence is intended to affect only the liability of the
7 trustee and shall not affect the disposition of beneficial
8 interests in any trust.
9 (c) "Trust" means a trust created by a nontestamentary
10 instrument executed after the effective date of this Act,
11 except that, unless in the governing instrument the
12 provisions of this Act are made applicable by specific
13 reference, the provisions of this Act do not apply to any (a)
14 land trust; (b) voting trust; (c) security instrument such as
15 a trust deed or mortgage; (d) liquidation trust; (e) escrow;
16 (f) instrument under which a nominee, custodian for property
17 or paying or receiving agent is appointed; or (g) a trust
18 created by a deposit arrangement in a bank or savings
19 institution, commonly known as "Totten Trust".
20 (d) The phrase "provisions pertaining to the settlor's
21 former spouse" includes, but is not limited to, every present
22 or future gift or interest or power of appointment given to
23 the settlor's former spouse or right of the settlor's former
24 spouse to serve in a fiduciary capacity.
25 (e) A provision is revocable by the settlor if the
26 settlor has the power at the time of the entry of the
27 judgment of judicial termination of the settlor's marriage to
28 revoke, modify or amend said provision, either alone along or
29 in conjunction with any other person or persons.
30 (f) "Judicial termination of marriage" includes, but is
31 not limited to, divorce, dissolution, annulment or
32 declaration of invalidity of marriage.
33 (Source: P.A. 82-428; revised 12-18-97.)
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1 Section 180. The Cemetery Care Act is amended by
2 changing Section 9 as follows:
3 (760 ILCS 100/9) (from Ch. 21, par. 64.9)
4 Sec. 9. Application for license.
5 (a) Whenever a cemetery authority owning, operating,
6 controlling or managing a privately operated cemetery is
7 newly organized and such cemetery authority desires to be
8 licensed to accept the care funds authorized by Section 3 of
9 this Act, or whenever there is a sale or transfer of the
10 controlling interest of a licensed cemetery authority, it
11 shall make application for such license.
12 In the case of a sale or transfer of the controlling
13 interest of the cemetery authority, the prior license shall
14 remain in effect until the Comptroller issues a new license
15 to the newly-controlled cemetery authority as provided in
16 Section 15b. Upon issuance of the new license, the prior
17 license shall be deemed surrendered if the licensee has
18 agreed to the sale and transfer and has consented to the
19 surrender of the license. A sale or transfer of the
20 controlling interest of a cemetery authority to an immediate
21 family member is not considered a transfer of the controlling
22 interest for purposes of this Section.
23 (b) Applications for license shall be filed with the
24 Comptroller. Applications shall be in writing under oath,
25 signed by the applicant, and in the form furnished by the
26 Comptroller. A check or money order in the amount of $25,
27 payable to: Comptroller, State of Illinois, shall be
28 included. Each application shall contain the following:
29 (1) the full name and address (both of residence
30 and of place of business) of the applicant, if an
31 individual; of every member, if the applicant is a
32 partnership or association; of every officer, if the
33 applicant is a corporation, and of any party owning 10%
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1 or more of the cemetery authority; and
2 (2) a detailed statement of the applicant's assets
3 and liabilities; and
4 (3) as to the name of each individual person listed
5 under (1) above, a detailed statement of each person's
6 business experience for the 10 years immediately
7 preceding the application; the present and previous
8 connection, if any, of each person with any other
9 cemetery or cemetery authority; whether each person has
10 ever been convicted of a felony or any misdemeanor of
11 which an essential element is fraud or has been involved
12 in any civil litigation in which a judgment has been
13 entered against him or her based on fraud; whether each
14 person is currently a defendant in any lawsuit in which
15 the complaint against the person is based upon fraud;
16 whether such person has failed to satisfy any enforceable
17 enforcible judgment entered by a court of competent
18 jurisdiction in any civil proceedings against such
19 individual; and
20 (4) the total amount in trust and now available
21 from sales of lots, graves, crypts or niches where part
22 of the sale price has been placed in trust; the amount of
23 money placed in the care funds of each applicant; the
24 amount set aside in care funds from the sale of lots,
25 graves, crypts and niches for the general care of the
26 cemetery and the amount available for that purpose; the
27 amount received in trust by special agreement for special
28 care and the amount available for that purpose; the
29 amount of principal applicable to trust funds received by
30 the applicant.
31 Such information shall be furnished whether the care
32 funds are held by the applicant as trustee or by an
33 independent trustee. If the funds are not held by the
34 applicant, the name of the independent trustee holding them
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1 is also to be furnished by the applicant.
2 (c) Applications for license shall also be accompanied
3 by a fidelity bond issued by a bonding company or insurance
4 company authorized to do business in this State or by an
5 irrevocable, unconditional letter of credit issued by a bank
6 or trust company authorized to do business in the State of
7 Illinois, as approved by the State Comptroller, where such
8 care funds exceed the sum of $15,000. Such bond or letter of
9 credit shall run to the Comptroller and his or her successor
10 for the benefit of the care funds held by such cemetery
11 authority or by the trustee of the care funds of such
12 cemetery authority. Such bonds or letters of credit shall be
13 in an amount equal to 1/10 of such care funds. However, such
14 bond or letter of credit shall not be in an amount less than
15 $1,000; the first $15,000 of such care funds shall not be
16 considered in computing the amount of such bond or letter of
17 credit. No application shall be accepted by the Comptroller
18 unless accompanied by such bond or letter of credit.
19 Applications for license by newly organized cemetery
20 authorities after January 1, 1960 shall also be accompanied
21 by evidence of a minimum care fund deposit in an amount to be
22 determined as follows: if the number of inhabitants, either
23 in the county in which the cemetery is to be located or in
24 the area included within a 10 mile radius from the cemetery
25 if the number of inhabitants therein is greater, is 25,000 or
26 less the deposit shall be $7,500; if the number of
27 inhabitants is 25,001 to 50,000, the deposit shall be
28 $10,000; if the number of inhabitants is 50,001 to 125,000,
29 the deposit shall be $15,000; if the number of inhabitants is
30 over 125,000, the deposit shall be $25,000.
31 After an amount equal to and in addition to the required
32 minimum care fund deposit has been deposited in trust, the
33 cemetery authority may withhold 50% of all future care funds
34 until it has recovered the amount of the minimum care fund
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1 deposit.
2 (d) The applicant shall have a permanent address and any
3 license issued pursuant to the application is valid only at
4 the address or at any new address approved by the
5 Comptroller.
6 (e) All bonds and bonding deposits made by any cemetery
7 authority may be returned to the cemetery authority or
8 cancelled as to care funds invested with an investment
9 company.
10 (Source: P.A. 88-477; 89-615, eff. 8-9-96; revised 7-11-97.)
11 Section 181. The Uniform Recognition of Acknowledgments
12 Act is amended by changing Section 7 as follows:
13 (765 ILCS 30/7) (from Ch. 30, par. 227)
14 Sec. 7. Short forms of acknowledgment.
15 (a) The forms of acknowledgment set forth in this
16 Section may be used and are sufficient for their respective
17 purposes under any law of this State, whether executed in
18 this State or any other State. The forms shall be known as
19 "Statutory Short Forms of Acknowledgment" and may be referred
20 to by that name. The authorization of the forms in this
21 Section does not preclude the use of other forms.
22 (1) For an individual acting in his own right:
23 State of ....
24 County of ....
25 The foregoing instrument was acknowledged before me this
26 (date) by (name of person acknowledged.)
27 (Signature of person taking acknowledgment)
28 (Title or rank)
29 (Serial number, if any)
30 (2) For a corporation:
31 State of ....
32 County of ....
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1 The foregoing instrument was acknowledged before me this
2 (date) by (name of officer or agent, title of officer or
3 agent) of (name of corporation acknowledging) a (state or
4 place of incorporation) corporation, on behalf of the
5 corporation.
6 (Signature of person taking acknowledgment)
7 (Title or rank)
8 (Serial number, if any)
9 (3) For a partnership:
10 State of ....
11 County of ....
12 The foregoing instrument was acknowledged before me this
13 (date) by (name of acknowledging partner or agent), partner
14 (or agent) on behalf of (name of partnership), a partnership.
15 (Signature of person taking acknowledgment)
16 (Title or rank)
17 (Serial number, if any)
18 (4) For an individual acting as principal by an attorney
19 in fact:
20 State of ....
21 County of ....
22 The foregoing instrument was acknowledged before me this
23 (date) by (name of attorney in fact) as attorney in fact on
24 behalf of (name of principal).
25 (Signature of person taking acknowledgment)
26 (Title or rank)
27 (Serial number, if any)
28 (5) By any public officer, trustee, or personal
29 representative:
30 State of ....
31 County of ....
32 The foregoing instrument was acknowledged before me this
33 (date) by (name and title of position).
34 (Signature of person taking acknowledgment)
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1 (Title or rank)
2 (Serial number, if any)
3 (b) This amendatory Act of 1981 (P.A. 82-450) is to
4 clarify that any uses of the short form of acknowledgment as
5 herein provided within the State of Illinois prior to the
6 effective date of this amendatory Act have been valid.
7 (Source: P.A. 82-450; revised 12-18-97.)
8 Section 182. The Destroyed Public Records Act is amended
9 by changing Section 11 as follows:
10 (765 ILCS 45/11) (from Ch. 116, par. 15)
11 Sec. 11. It is lawful for any person claiming title to
12 any lands in such county at the time of the destruction of
13 such records, and for all claiming under any such person, to
14 file a petition in the the circuit court in such county,
15 praying for a judgment establishing and confirming his title.
16 Any number of parcels of land may be included in one
17 petition, or separate petitions may be filed, as the
18 petitioner may elect.
19 The petition shall state clearly the description of the
20 lands, the character and extent of the estate claimed by the
21 petitioner, and from whom, and when, and by what mode he
22 derived his title thereto. It shall give the names of all
23 persons owning or claiming any estate in fee in the lands, or
24 any part thereof, and also all persons who shall be in
25 possession of the land, or any part thereof, and also all
26 persons to whom any such lands shall have been conveyed, and
27 the deed or deeds of such conveyance which have been recorded
28 in the office of the recorder of such county, since the time
29 of the destruction of such records as provided for in this
30 Act, and prior to the time of the filing of the petition, and
31 their residences, so far as the same are known to petitioner;
32 and if no such persons are known to petitioner it shall be so
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1 stated in the petition.
2 All persons so named in the petition shall be made
3 defendants, and shall be notified of the action by summons,
4 if residents of this State, in the same manner as is now or
5 may hereafter be required in civil proceedings by the laws of
6 this State;: provided, that the notice specified in Section
7 12 of this Act is the only publication notice required,
8 either in case of residents, non-residents or otherwise. All
9 other persons shall be deemed and taken as defendants by the
10 name or designation of "all whom it may concern"."
11 The petition shall be verified by the affidavit of the
12 petitioner, or by the agent of petitioner; and a party so
13 swearing falsely is guilty of perjury and shall be punished
14 accordingly, and is liable in damages to any person injured
15 by such false statement, to be recovered in a civil action in
16 the circuit court.
17 (Source: P.A. 83-358, revised 7-11-97.)
18 Section 183. The Responsible Property Transfer Act of
19 1988 is amended by changing Section 5 as follows:
20 (765 ILCS 90/5) (from Ch. 30, par. 905)
21 Sec. 5. Form and content of Disclosure Document.
22 (a) The disclosure document required under Section 4 of
23 this Act shall consist of the following form:
24 ENVIRONMENTAL DISCLOSURE DOCUMENT
25 FOR TRANSFER OF REAL PROPERTY
26 -------------------------------------------------------------
27 For Use By County
28 Recorder's Office
29 The following information is County
30 provided pursuant to the Date
31 Responsible Property Doc. No.
32 Transfer Act of 1988 Vol.
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1 Seller:....................... Page
2 Buyer:........................ Rec'd by:
3 Document No.:.................
4 I. PROPERTY IDENTIFICATION:
5 A. Address of property:.................................
6 Street City or Village Township
7 Permanent Real Estate Index No.:.....................
8 B. Legal Description:
9 Section..........Township..........Range...........
10 Enter or attach current legal description in
11 this area:
12 Prepared by:................ Return to:................
13 name name
14 ................ ................
15 address address
16 -------------------------------------------------------------
17 LIABILITY DISCLOSURE
18 Transferors and transferees of real property are advised
19 that their ownership or other control of such property may
20 render them liable for any environmental clean-up costs
21 whether or not they caused or contributed to the presence of
22 environmental problems associated with the property.
23 C. Property Characteristics:
24 Lot Size.................. Acreage..................
25 Check all types of improvement and
26 uses that pertain to the property:
27 ...... Apartment building (6 units or less)
28 ...... Commercial apartment (over 6 units)
29 ...... Store, office, commercial building
30 ...... Industrial building
31 ...... Farm, with buildings
32 ...... Other (specify)
33 II. NATURE OF TRANSFER:
34 Yes No
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1 A. (1) Is this a transfer by deed or
2 other instrument of conveyance? .... ....
3 (2) Is this a transfer by assignment
4 of over 25% of beneficial interest
5 of an Illinois land trust? .... ....
6 (3) A lease exceeding a term of
7 40 years? .... ....
8 (4) A mortgage or collateral
9 assignment of beneficial
10 interest? .... ....
11 B. (1) Identify Transferor:
12 ........................................................
13 Name and Current Address of Transferor
14 .......................................................
15 Name and Address of Trustee if this is a Trust No.
16 transfer of beneficial interest of a land trust.
17 (2) Identify person who has completed this form on
18 behalf of the Transferor and who has knowledge of the
19 information contained in this form:
20 .......................................................
21 Name, Position (if any), and address Telephone No.
22 C. Identify Transferee:
23 ........................................................
24 Name and Current Address of Transferee
25 III. NOTIFICATION
26 Under the Illinois Environmental Protection Act, owners
27 of real property may be held liable for costs related to the
28 release of hazardous substances.
29 1. Section 22.2(f) of the Act states in part:
30 "Notwithstanding any other provision or rule of law, and
31 subject only to the defenses set forth in subsection (j) of
32 this Section, the following persons shall be liable for all
33 costs of removal or remedial action incurred by the State of
34 Illinois or any unit of local government as a result of a
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1 release or substantial threat of a release of a hazardous
2 substance or pesticide:
3 (1) the owner and operator of a facility or vessel
4 from which there is a release or substantial threat of
5 release of a hazardous substance or pesticide;
6 (2) any person who at the time of disposal,
7 transport, storage or treatment of a hazardous substance
8 or pesticide owned or operated the facility or vessel
9 used for such disposal, transport, treatment or storage
10 from which there was a release or substantial threat of a
11 release of any such hazardous substance or pesticide;
12 (3) any person who by contract, agreement, or
13 otherwise has arranged with another party or entity for
14 transport, storage, disposal or treatment of hazardous
15 substances or pesticides owned, controlled or possessed
16 by such person at a facility owned or operated by another
17 party or entity from which facility there is a release or
18 substantial threat of a release of such hazardous
19 substances or pesticides; and
20 (4) any person who accepts or accepted any
21 hazardous substances or pesticides for transport to
22 disposal, storage or treatment facilities or sites from
23 which there is a release or a substantial threat of a
24 release of a hazardous substance or pesticide."
25 2. Section 4(q) of the Act states:
26 "The Agency shall have the authority to provide notice to
27 any person who may be liable pursuant to Section 22.2(f) of
28 this Act for a release or a substantial threat of a release
29 of a hazardous substance or pesticide. Such notice shall
30 include the identified response action and an opportunity for
31 such person to perform the response action."
32 3. Section 22.2(k) of the Act states in part:
33 "If any person who is liable for a release or substantial
34 threat of release of a hazardous substance or pesticide fails
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1 without sufficient cause to provide removal or remedial
2 action upon or in accordance with a notice and request by the
3 Agency or upon or in accordance with any order of the Board
4 or any court, such person may be liable to the State for
5 punitive damages in an amount at least equal to, and not more
6 than 3 times, the amount of any costs incurred by the State
7 of Illinois as a result of such failure to take such removal
8 or remedial action. The punitive damages damage imposed by
9 the Board shall be in addition to any costs recovered from
10 such person pursuant to this Section and in addition to any
11 other penalty or relief provided by this Act or any other
12 law."
13 4. Section 57.12(a) 22.18(a) of the Act states in part:
14 "Notwithstanding any other provision or rule of law,
15 except as provided otherwise in subsection (b), the owner or
16 operator, or both, of an underground storage tank shall be
17 liable for all costs of investigation, preventive action,
18 corrective action and enforcement action incurred by the
19 State of Illinois resulting as a result of a release or a
20 substantial threat of release of petroleum from an
21 underground storage tank."
22 5. The text of the statutes set out above is subject to
23 change by amendment. Persons using this form may update it
24 to reflect changes in the text of the statutes cited, but no
25 disclosure statement shall be invalid merely because it sets
26 forth an obsolete or superseded version of such text.
27 IV. ENVIRONMENTAL INFORMATION
28 Regulatory Information During Current Ownership
29 1. Has the transferor ever conducted operations on the
30 property which involved the generation, manufacture,
31 processing, transportation, treatment, storage or handling of
32 "hazardous substances", as defined by the Illinois
33 Environmental Protection Act? This question shall not be
34 applicable for consumer goods stored or handled by a retailer
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1 in the same form, approximate amount, concentration and
2 manner as they are sold to consumers, provided that such
3 retailer does not engage in any commercial mixing (other than
4 paint mixing or tinting of consumer sized containers),
5 finishing, refinishing, servicing, or cleaning operations on
6 the property.
7 Yes ......
8 No ......
9 2. Has the transferor ever conducted operations on the
10 property which involved the processing, storage or handling
11 of petroleum, other than that which was associated directly
12 with the transferor's vehicle usage?
13 Yes ......
14 No ......
15 3. Has the transferor ever conducted operations on the
16 property which involved the generation, transportation,
17 storage, treatment or disposal of "hazardous or special
18 wastes", as defined by the federal Resource Conservation and
19 Recovery Act and the Illinois Environmental Protection Act?
20 Yes ......
21 No ......
22 4. Are there any of the following specific units
23 (operating or closed) at the property which are or were used
24 by the transferor to manage waste, hazardous wastes,
25 hazardous substances or petroleum?
26 YES NO
27 Landfill ...... ......
28 Surface Impoundment ...... ......
29 Land Treatment ...... ......
30 Waste Pile ...... ......
31 Incinerator ...... ......
32 Storage Tank (Above Ground) ...... ......
33 Storage Tank (Underground) ...... ......
34 Container Storage Area ...... ......
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1 Injection Wells ...... ......
2 Wastewater Treatment Units ...... ......
3 Septic Tanks ...... ......
4 Transfer Stations ...... ......
5 Waste Recycling Operations ...... ......
6 Waste Treatment Detoxification ...... ......
7 Other Land Disposal Area ...... ......
8 If there are "YES" answers to any of the above items and
9 the transfer is other than a mortgage or collateral
10 assignment of beneficial interest, attach a site plan which
11 identifies the location of each unit, such site plan to be
12 filed with the Environmental Protection Agency along with
13 this disclosure document.
14 5. Has the transferor ever held any of the following in
15 regard to this real property?
16 a. Permits for discharges of Yes ......
17 wastewater to waters of the State. No ......
18 b. Permits for emissions to Yes ......
19 the atmosphere. No ......
20 c. Permits for any waste storage, Yes ......
21 waste treatment or waste disposal No ......
22 operation.
23 6. Has the transferor had any wastewater discharges
24 (other than sewage) to a publicly owned treatment works?
25 Yes ......
26 No ......
27 7. Has the transferor taken any of the following actions
28 relative to this property?
29 a. Prepared a Chemical Safety Yes ......
30 Contingency Plan pursuant to the No ......
31 Illinois Chemical Safety Act.
32 b. Filed an Emergency and Hazardous Yes ......
33 Chemical Inventory Form pursuant No ......
34 to the federal Emergency Planning
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1 and Community Right-to-Know Act of
2 1986.
3 c. Filed a Toxic Chemical Release Form Yes ......
4 pursuant to the federal Emergency No ......
5 Planning and Community Right-to-
6 Know Act of 1986.
7 8. Has the transferor or any facility on the property or
8 the property been the subject of any of the following State
9 or federal governmental actions?
10 a. Written notification regarding Yes ......
11 known, suspected or alleged
12 contamination on or emanating No ......
13 from the property.
14 b. Filing an environmental enforcement Yes ......
15 case with a court or the Pollution
16 Control Board for which a final No ......
17 order or consent decree was entered.
18 c. If item b. was answered by checking Yes ......
19 Yes, then indicate whether or not
20 the final order or decree is still No ......
21 in effect for this property.
22 9. Environmental Releases During Transferor's Ownership
23 a. Has any situation occurred at this site which
24 resulted in a reportable "release" of any hazardous
25 substances or petroleum as required under State or federal
26 laws?
27 Yes ......
28 No .......
29 b. Have any hazardous substances or petroleum, which
30 were released, come into direct contact with the ground at
31 this site?
32 Yes ......
33 No ......
34 c. If the answers to questions (a) and (b) are Yes, have
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1 any of the following actions or events been associated with a
2 release on the property?
3 .... Use of a cleanup contractor to remove or treat
4 materials including soils, pavement or other
5 surficial materials
6 .... Assignment of in-house maintenance staff to remove
7 or treat materials including soils, pavement or
8 other surficial materials
9 .... Designation, by the IEPA or the IEMA, of the
10 release as "significant" under the Illinois
11 Chemical Safety Act
12 .... Sampling and analysis of soils
13 .... Temporary or more long-term monitoring of
14 groundwater at or near the site
15 .... Impaired usage of an on-site or nearby water well
16 because of offensive characteristics of the water
17 .... Coping with fumes from subsurface storm drains
18 or inside basements, etc.
19 .... Signs of substances leaching out of the ground
20 along the base of slopes or at other low points
21 on or immediately adjacent to the site
22 10. Is the facility currently operating under a variance
23 granted by the Illinois Pollution Control Board?
24 Yes ......
25 No ......
26 11. Is there any explanation needed for clarification of
27 any of the above answers or responses?
28 .............................................................
29 .............................................................
30 .............................................................
31 .............................................................
32 B. SITE INFORMATION UNDER OTHER OWNERSHIP OR OPERATION
33 1. Provide the following information about the previous
34 owner or any entity or person the transferor leased the site
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1 to or otherwise contracted with for the management of the
2 site or real property:
3 Name: ......................................
4 ......................................
5 Type of business/ ...............................
6 or property usage ...............................
7 ...............................
8 2. If the transferor has knowledge, indicate whether the
9 following existed under prior ownerships, leaseholds granted
10 by the transferor, other contracts for management or use of
11 the facilities or real property:
12 YES NO
13 Landfill ...... ......
14 Surface Impoundment ...... ......
15 Land Treatment ...... ......
16 Waste Pile ...... ......
17 Incinerator ...... ......
18 Storage Tank (Above Ground) ...... ......
19 Storage Tank (Underground) ...... ......
20 Container Storage Area ...... ......
21 Injection Wells ...... ......
22 Wastewater Treatment Units ...... ......
23 Septic Tanks ...... ......
24 Transfer Stations ...... ......
25 Waste Recycling Operations ...... ......
26 Waste Treatment Detoxification ...... ......
27 Other Land Disposal Area ...... ......
28 V. CERTIFICATION
29 A. Based on my inquiry of those persons directly
30 responsible for gathering the information, I certify that the
31 information submitted is, to the best of my knowledge and
32 belief, true and accurate.
33 ............................
34 signature
-1378- LRB9000999EGfgam01
1 ............................
2 type or print name
3 TRANSFEROR OR TRANSFERORS
4 (or on behalf of Transferor)
5 B. This form was delivered to me with all elements
6 completed on
7 ............................ 19....
8 ...........................
9 signature
10 ...........................
11 type or print name
12 TRANSFEREE OR TRANSFEREES
13 (or on behalf of Transferee)
14 C. This form was delivered to me with all elements
15 completed on
16 ............................ 19....
17 ...........................
18 signature
19 .............................
20 type or print name
21 LENDER
22 (Source: P.A. 86-679; 87-168; revised 6-25-97.)
23 Section 184. The Condominium Property Act is amended by
24 changing Section 19 as follows:
25 (765 ILCS 605/19) (from Ch. 30, par. 319)
26 Sec. 19. Records of the association; availability for
27 examination.
28 (a) The board of managers of every association shall
29 keep and maintain the following records, or true and complete
30 copies of these records, at the association's principal
31 office:
32 (1) the association's declaration, bylaws, and
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1 plats of survey, and all amendments of these;
2 (2) the rules and regulations of the association,
3 if any;
4 (3) if the association is incorporated as a
5 corporation, the articles of incorporation of the
6 association and all amendments to the articles of
7 incorporation;
8 (4) minutes of all meetings of the association and
9 its board of managers for the immediately preceding 7
10 years;
11 (5) all current policies of insurance of the
12 association;
13 (6) all contracts, leases, and other agreements
14 then in effect to which the association is a party or
15 under which the association or the unit owners have
16 obligations or liabilities;
17 (7) a current listing of the names, addresses, and
18 weighted vote of all members entitled to vote;
19 (8) ballots and proxies related to ballots for all
20 matters voted on by the members of the association during
21 the immediately preceding 12 months, including but not
22 limited to the election of members of the board of
23 managers; and
24 (9) the books and records of account for the
25 association's current and 10 immediately preceding fiscal
26 years, including but not limited to itemized and detailed
27 records of all receipts and expenditures.
28 (b) Any member of an association shall have the right to
29 inspect, examine, and make copies of the records described in
30 subdivisions (1), (2), (3), (4), and (5) of subsection (a) of
31 this Section, in person or by agent, at any reasonable time
32 or times, at the association's principal office. In order to
33 exercise this right, a member must submit a written request
34 to the association's board of managers or its authorized
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1 agent, stating with particularity the records sought to be
2 examined. Failure of an association's board of managers to
3 make available all records so requested within 30 days of
4 receipt of the member's written request shall be deemed a
5 denial.
6 Any member who prevails in an enforcement action to
7 compel examination of records described in subdivisions (1),
8 (2), (3), (4), and (5) of subsection (a) of this Section
9 shall be entitled to recover reasonable attorney's fees and
10 costs from the association.
11 (c) (Blank).
12 (d) (Blank).
13 (e) Except as otherwise provided in subsection (g) (f)
14 of this Section, any member of an association shall have the
15 right to inspect, examine, and make copies of the records
16 described in subdivisions (6), (7), (8), and (9) of
17 subsection (a) of this Section, in person or by agent, at any
18 reasonable time or times but only for a proper purpose, at
19 the association's principal office. In order to exercise
20 this right, a member must submit a written request, to the
21 association's board of managers or its authorized agent,
22 stating with particularity the records sought to be examined
23 and a proper purpose for the request. Subject to the
24 provisions of subsection (g) (f) of this Section, failure of
25 an association's board of managers to make available all
26 records so requested within 30 business days of receipt of
27 the member's written request shall be deemed a denial;
28 provided, however, that the board of managers of an
29 association that has adopted a secret ballot election process
30 as provided in Section 18 of this Act shall not be deemed to
31 have denied a member's request for records described in
32 subdivision (8) of subsection (a) of this Section if voting
33 ballots, without identifying unit numbers, are made available
34 to the requesting member within 30 days of receipt of the
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1 member's written request.
2 In an action to compel examination of records described
3 in subdivisions (6), (7), (8), and (9) of subsection (a) of
4 this Section, the burden of proof is upon the member to
5 establish that the member's request is based on a proper
6 purpose. Any member who prevails in an enforcement action to
7 compel examination of records described in subdivisions (6),
8 (7), (8), and (9) of subsection (a) of this Section shall be
9 entitled to recover reasonable attorney's fees and costs from
10 the association only if the court finds that the board of
11 directors acted in bad faith in denying the member's request.
12 (f) The actual cost to the association of retrieving and
13 making requested records available for inspection and
14 examination under this Section shall be charged by the
15 association to the requesting member. If a member requests
16 copies of records requested under this Section, the actual
17 costs to the association of reproducing the records shall
18 also be charged by the association to the requesting member.
19 (g) Notwithstanding the provisions of subsection (e) of
20 this Section, unless otherwise directed by court order, an
21 association need not make the following records available for
22 inspection, examination, or copying by its members:
23 (1) documents relating to appointment, employment,
24 discipline, or dismissal of association employees;
25 (2) documents relating to actions pending against
26 or on behalf of the association or its board of managers
27 in a court or administrative tribunal;
28 (3) documents relating to actions threatened
29 against, or likely to be asserted on behalf of, the
30 association or its board of managers in a court or
31 administrative tribunal;
32 (4) documents relating to common expenses or other
33 charges owed by a member other than the requesting
34 member; and
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1 (5) documents provided to an association in
2 connection with the lease, sale, or other transfer of a
3 unit by a member other than the requesting member.
4 (h) The provisions of this Section are applicable to all
5 condominium instruments recorded under this Act. Any portion
6 of a condominium instrument that contains provisions contrary
7 to these provisions shall be void as against public policy
8 and ineffective. Any condominium instrument that fails to
9 contain the provisions required by this Section shall be
10 deemed to incorporate the provisions by operation of law.
11 (Source: P.A. 90-496, eff. 8-18-97; revised 1-24-98.)
12 Section 185. The Mobile Home Landlord and Tenant Rights
13 Act is amended by changing Section 11 as follows:
14 (765 ILCS 745/11) (from Ch. 80, par. 211)
15 Sec. 11. Provisions of mobile home park leases. Any
16 lease hereafter executed or currently existing between an
17 owner and tenant in a mobile home park in this State shall
18 also contain, or shall be made to contain, the following
19 covenants binding the owner at all times during the term of
20 the lease to:
21 (a) identify to each tenant prior to his occupancy
22 the lot area for which he will be responsible;
23 (b) keep all exterior property areas not in the
24 possession of a tenant, but part of the mobile home park
25 property, free from the species of weeds and plant growth
26 which are generally noxious or detrimental to the health
27 of the tenants;
28 (c) maintain all electrical, plumbing, gas or other
29 utilities provided by him in good working condition with
30 the exception of emergencies after which repairs must be
31 completed within a reasonable period of time;
32 (d) maintain all subsurface water and sewage lines
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1 and connections in good working order;
2 (e) respect the privacy of the tenants and if only
3 the lot is rented, agree not to enter the mobile home
4 without the permission of the mobile home owner, and if
5 the mobile home is the property of the park owner, to
6 enter only after due notice to the tenant, provided, the
7 park owner or his representative may enter without notice
8 in emergencies;
9 (f) maintain all roads within the mobile home park
10 in good condition;
11 (g) include a statement of all services and
12 facilities which are to be provided by the park owner for
13 the tenant, e.g. lawn maintenance, snow removal, garbage
14 or solid waste disposal, recreation building, community
15 hall, swimming pool, golf course, laundromat, etc.;
16 (h) disclose the full names and addresses of all
17 individuals in whom all or part of the legal or equitable
18 title to the mobile home park is vested, or the name and
19 address of the owners' designated agent;
20 (i) provide a custodian's office and furnish each
21 tenant with the name, address and telephone number of the
22 custodian and designated office.
23 (Source: P.A. 86-322; revised 7-11-97.)
24 Section 186. The Unsealed Instrument Validation Act is
25 amended by changing the title of the Act and Section 1 as
26 follows:
27 (765 ILCS 1070/Act title)
28 An Act to render valid all conveyances or other
29 instruments affecting or relating to the title to real or
30 personal property within this State, and instruments or
31 writings relating to any obligation enforceable enforcible in
32 this State, that may have been heretofore or that shall
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1 hereafter be executed without this State, to which a seal or
2 scroll is not affixed, and for other purposes relating
3 thereto.
4 (765 ILCS 1070/1) (from Ch. 30, par. 154)
5 Sec. 1. All conveyances, writings or other instruments,
6 whether a deed, mortgage, trust deed, lease, power or letter
7 of attorney, will, bond, contract, agreement, obligation or
8 other instrument of whatsoever kind, nature or character,
9 affecting or relating to the title to real or personal
10 property within this State, or of any power, duty, right or
11 trust thereof or therein, and also all instruments or
12 writings of whatsoever nature, kind or character enforceable
13 enforcible in this State, that may have been heretofore or
14 that shall hereafter be executed without this State, by any
15 party thereto, whether a resident of this State or not, to
16 which a seal or scroll to the signature is not affixed, and
17 where the usage or law of the State, district, territory,
18 colony, republic, kingdom, empire, dominion, dependency or
19 other place where such instrument is executed, in force at
20 the time, dispenses with or does not require a seal or scroll
21 to the signature of a party so executing the conveyance,
22 instrument or writing, for its validity as such, are hereby
23 validated, and shall be given the same force and effect as if
24 a seal or scroll had been duly affixed to the signature
25 thereto.
26 (Source: P.A. 84-551; revised 7-11-97.)
27 Section 187. The Business Corporation Act of 1983 is
28 amended by changing Section 1.80 as follows:
29 (805 ILCS 5/1.80) (from Ch. 32, par. 1.80)
30 Sec. 1.80. Definitions. As used in this Act, unless the
31 context otherwise requires, the words and phrases defined in
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1 this Section shall have the meanings set forth herein.
2 (a) "Corporation" or "domestic corporation" means a
3 corporation subject to the provisions of this Act, except a
4 foreign corporation.
5 (b) "Foreign corporation" means a corporation for profit
6 organized under laws other than the laws of this State, but
7 shall not include a banking corporation organized under the
8 laws of another state or of the United States, a foreign
9 banking corporation organized under the laws of a country
10 other than the United States and holding a certificate of
11 authority from the Commissioner of Banks and Real Estate
12 issued pursuant to the Foreign Banking Office Act, or a
13 banking corporation holding a license from the Commissioner
14 of Banks and Real Estate issued pursuant to the Foreign Bank
15 Representative Office Act.
16 (c) "Articles of incorporation" means the original
17 articles of incorporation, including the articles of
18 incorporation of a new corporation set forth in the articles
19 of consolidation, and all amendments thereto, whether
20 evidenced by articles of amendment, articles of merger,
21 articles of exchange, statement of correction affecting
22 articles, resolution establishing series of shares or a
23 statement of cancellation under Section 9.05. Restated
24 articles of incorporation shall supersede the original
25 articles of incorporation and all amendments thereto prior to
26 the effective date of filing the articles of amendment
27 incorporating the restated articles of incorporation.
28 (d) "Subscriber" means one who subscribes for shares in
29 a corporation, whether before or after incorporation.
30 (e) "Incorporator" means one of the signers of the
31 original articles of incorporation.
32 (f) "Shares" means the units into which the proprietary
33 interests in a corporation are divided.
34 (g) "Shareholder" means one who is a holder of record of
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1 shares in a corporation.
2 (h) "Certificate" representing shares means a written
3 instrument executed by the proper corporate officers, as
4 required by Section 6.35 of this Act, evidencing the fact
5 that the person therein named is the holder of record of the
6 share or shares therein described. If the corporation is
7 authorized to issue uncertificated shares in accordance with
8 Section 6.35 of this Act, any reference in this Act to shares
9 represented by a certificate shall also refer to
10 uncertificated shares and any reference to a certificate
11 representing shares shall also refer to the written notice in
12 lieu of a certificate provided for in Section 6.35.
13 (i) "Authorized shares" means the aggregate number of
14 shares of all classes which the corporation is authorized to
15 issue.
16 (j) "Paid-in capital" means the sum of the cash and
17 other consideration received, less expenses, including
18 commissions, paid or incurred by the corporation, in
19 connection with the issuance of shares, plus any cash and
20 other consideration contributed to the corporation by or on
21 behalf of its shareholders, plus amounts added or transferred
22 to paid-in capital by action of the board of directors or
23 shareholders pursuant to a share dividend, share split, or
24 otherwise, minus reductions as provided elsewhere in this
25 Act. Irrespective of the manner of designation thereof by
26 the laws under which a foreign corporation is or may be
27 organized, paid-in capital of a foreign corporation shall be
28 determined on the same basis and in the same manner as
29 paid-in capital of a domestic corporation, for the purpose of
30 computing license fees, franchise taxes and other charges
31 imposed by this Act.
32 (k) "Net assets", for the purpose of determining the
33 right of a corporation to purchase its own shares and of
34 determining the right of a corporation to declare and pay
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1 dividends and make other distributions to shareholders is
2 equal to the difference between the assets of the corporation
3 and the liabilities of the corporation.
4 (l) "Registered office" means that office maintained by
5 the corporation in this State, the address of which is on
6 file in the office of the Secretary of State, at which any
7 process, notice or demand required or permitted by law may be
8 served upon the registered agent of the corporation.
9 (m) "Insolvent" means that a corporation is unable to
10 pay its debts as they become due in the usual course of its
11 business.
12 (n) "Anniversary" means that day each year exactly one
13 or more years after:
14 (1) the date on the certificate of incorporation
15 issued under Section 2.10 of this Act, in the case of a
16 domestic corporation;
17 (2) the date on the certificate of authority issued
18 under Section 13.15 of this Act, in the case of a foreign
19 corporation; or
20 (3) the date on the certificate of consolidation
21 issued under Section 11.25 of this Act in the case of a
22 consolidation, unless the plan of consolidation provides
23 for a delayed effective date, pursuant to Section 11.40.
24 (o) "Anniversary month" means the month in which the
25 anniversary of the corporation occurs.
26 (p) "Extended filing month" means the month (if any)
27 which shall have been established in lieu of the
28 corporation's anniversary month in accordance with Section
29 14.01.
30 (q) "Taxable year" means that 12 month period commencing
31 with the first day of the anniversary month of a corporation
32 through the last day of the month immediately preceding the
33 next occurrence of the anniversary month of the corporation,
34 except that in the case of a corporation that has established
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1 an extended filing month "taxable year" means that 12 month
2 period commencing with the first day of the extended filing
3 month through the last day of the month immediately preceding
4 the next occurrence of the extended filing month.
5 (r) "Fiscal year" means the 12 month period with respect
6 to which a corporation ordinarily files its federal income
7 tax return.
8 (s) "Close corporation" means a corporation organized
9 under or electing to be subject to Article 2A of this Act,
10 the articles of incorporation of which contain the provisions
11 required by Section 2.10, and either the corporation's
12 articles of incorporation or an agreement entered into by all
13 of its shareholders provide that all of the issued shares of
14 each class shall be subject to one or more of the
15 restrictions on transfer set forth in Section 6.55 of this
16 Act.
17 (t) "Common shares" means shares which have no
18 preference over any other shares with respect to distribution
19 of assets on liquidation or with respect to payment of
20 dividends.
21 (u) "Delivered", for the purpose of determining if any
22 notice required by this Act is effective, means:
23 (1) transferred or presented to someone in person;
24 or
25 (2) deposited in the United States Mail addressed
26 to the person at his, her or its address as it appears on
27 the records of the corporation, with sufficient
28 first-class postage prepaid thereon.
29 (v) "Property" means gross assets including, without
30 limitation, all real, personal, tangible, and intangible
31 property.
32 (w) "Taxable period" means that 12-month period
33 commencing with the first day of the second month preceding
34 the corporation's anniversary month in the preceding year and
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1 prior to the first day of the second month immediately
2 preceding its anniversary month in the current year, except
3 that, in the case of a corporation that has established an
4 extended filing month, "taxable period" means that 12-month
5 period ending with the last day of its fiscal year
6 immediately preceding the extended filing month. In the case
7 of a newly formed domestic corporation or a newly registered
8 foreign corporation that had not commenced transacting
9 business in this State prior to obtaining a certificate of
10 authority, "taxable period" means that period commencing with
11 the issuance of a certificate of incorporation or, in the
12 case of a foreign corporation, of a certificate of authority,
13 and prior to the first day of the second month immediately
14 preceding its anniversary month in the next succeeding year.
15 (x) "Treasury shares" mean (1) shares of a corporation
16 that have been issued, have been subsequently acquired by and
17 belong to the corporation, and have not been cancelled or
18 restored to the status of authorized but unissued shares and
19 (2) shares (i) declared and paid as a share dividend on the
20 shares referred to in clause (1) or this clause (2), or (ii)
21 issued in a share split of the shares referred to in clause
22 (1) or this clause (2). Treasury shares shall be deemed to
23 be "issued" shares but not "outstanding" shares. Treasury
24 shares may not be voted, directly or indirectly, at any
25 meeting or otherwise. Shares converted into or exchanged for
26 other shares of the corporation shall not be deemed to be
27 treasury shares.
28 (Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97;
29 90-421, eff. 1-1-98; revised 10-30-97.)
30 Section 188. The Uniform Commercial Code is amended by
31 changing Section 4A-204 as follows:
32 (810 ILCS 5/4A-204) (from Ch. 26, par. 4A-204)
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1 Sec. 4A-204. Refund of payment and duty of customer to
2 report with respect to an unauthorized authorized payment
3 order.
4 (a) If a receiving bank accepts a payment order issued in
5 the name of its customer as sender which is (i) not
6 authorized and not effective as the order of the customer
7 under Section 4A-202, or (ii) not enforceable, in whole or in
8 part, against the customer under Section 4A-203, the bank
9 shall refund any payment of the payment order received from
10 the customer to the extent the bank is not entitled to
11 enforce payment and shall pay interest on the refundable
12 amount calculated from the date the bank received payment to
13 the date of the refund. However, the customer is not
14 entitled to interest from the bank on the amount to be
15 refunded if the customer fails to exercise ordinary care to
16 determine that the order was not authorized by the customer
17 and to notify the bank of the relevant facts within a
18 reasonable time not exceeding 90 days after the date the
19 customer received notification from the bank that the order
20 was accepted or that the customer's account was debited with
21 respect to the order. The bank is not entitled to any
22 recovery from the customer on account of a failure by the
23 customer to give notification as stated in this Section.
24 (b) Reasonable time under subsection (a) may be fixed by
25 agreement as stated in Section 1-204(1), but the obligation
26 of a receiving bank to refund payment as stated in subsection
27 (a) may not otherwise be varied by agreement.
28 (Source: P.A. 86-1291; revised 12-18-97.)
29 Section 189. The Illinois Securities Law of 1953 is
30 amended by changing Sections 2.3 and 8 as follows:
31 (815 ILCS 5/2.3) (from Ch. 121 1/2, par. 137.2-3)
32 Sec. 2.3. "Person" means an individual, a corporation, a
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1 partnership, an association, a joint stock company, a limited
2 liability company, a limited liability partnership, a trust
3 or any unincorporated organization. As used in this Section,
4 "trust" includes only a trust where the interest or interests
5 of the beneficiary or beneficiaries is a security.
6 (Source: P.A. 90-70, eff. 7-8-97; revised 8-13-97.)
7 (815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)
8 Sec. 8. Registration of dealers, limited Canadian
9 dealers, salespersons, investment advisers, and investment
10 adviser representatives.
11 A. Except as otherwise provided in this subsection A,
12 every dealer, limited Canadian dealer, salesperson,
13 investment adviser, and investment adviser representative
14 shall be registered as such with the Secretary of State. No
15 dealer or salesperson need be registered as such when
16 offering or selling securities in transactions believed in
17 good faith to be exempted by subsection A, B, C, D, E, G, H,
18 I, J, K, M, O, P, Q, R or S of Section 4 of this Act,
19 provided that such dealer or salesperson is not regularly
20 engaged in the business of offering or selling securities in
21 reliance upon the exemption set forth in subsection G or M of
22 Section 4 of this Act. No dealer, issuer or controlling
23 person shall employ a salesperson unless such salesperson is
24 registered as such with the Secretary of State or is employed
25 for the purpose of offering or selling securities solely in
26 transactions believed in good faith to be exempted by
27 subsection A, B, C, D, E, G, H, I, J, K, L, M, O, P, Q, R or
28 S of Section 4 of this Act; provided that such salesperson
29 need not be registered when effecting transactions in this
30 State limited to those transactions described in Section
31 15(h)(2) of the Federal 1934 Act or engaging in the offer or
32 sale of securities in respect of which he or she has
33 beneficial ownership and is a controlling person. The
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1 Secretary of State may, by rule, regulation or order and
2 subject to such terms, conditions as fees as may be
3 prescribed in such rule, regulation or order, exempt from the
4 registration requirements of this Section 8 any investment
5 adviser, if the Secretary of State shall find that such
6 registration is not necessary in the public interest by
7 reason of the small number of clients or otherwise limited
8 character of operation of such investment adviser.
9 B. An application for registration as a dealer or
10 limited Canadian dealer, executed, verified, or authenticated
11 by or on behalf of the applicant, shall be filed with the
12 Secretary of State, in such form as the Secretary of State
13 may by rule, regulation or order prescribe, setting forth or
14 accompanied by:
15 (1) The name and address of the applicant, the
16 location of its principal business office and all branch
17 offices, if any, and the date of its organization;
18 (2) A statement of any other Federal or state
19 licenses or registrations which have been granted the
20 applicant and whether any such licenses or registrations
21 have ever been refused, cancelled, suspended, revoked or
22 withdrawn;
23 (3) The assets and all liabilities, including
24 contingent liabilities of the applicant, as of a date not
25 more than 60 days prior to the filing of the application;
26 (4) (a) A brief description of any civil or
27 criminal proceeding of which fraud is an essential
28 element pending against the applicant and whether the
29 applicant has ever been convicted of a felony, or of any
30 misdemeanor of which fraud is an essential element;
31 (b) A list setting forth the name, residence and
32 business address and a 10 year occupational statement of
33 each principal of the applicant and a statement
34 describing briefly any civil or criminal proceedings of
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1 which fraud is an essential element pending against any
2 such principal and the facts concerning any conviction of
3 any such principal of a felony, or of any misdemeanor of
4 which fraud is an essential element;
5 (5) If the applicant is a corporation: a list of
6 its officers and directors setting forth the residence
7 and business address of each; a 10-year occupational
8 statement of each such officer or director; and a
9 statement describing briefly any civil or criminal
10 proceedings of which fraud is an essential element
11 pending against each such officer or director and the
12 facts concerning any conviction of any officer or
13 director of a felony, or of any misdemeanor of which
14 fraud is an essential element;
15 (6) If the applicant is a sole proprietorship, a
16 partnership, limited liability company, an unincorporated
17 association or any similar form of business organization:
18 the name, residence and business address of the
19 proprietor or of each partner, member, officer, director,
20 trustee or manager; the limitations, if any, of the
21 liability of each such individual; a 10-year occupational
22 statement of each such individual; a statement describing
23 briefly any civil or criminal proceedings of which fraud
24 is an essential element pending against each such
25 individual and the facts concerning any conviction of any
26 such individual of a felony, or of any misdemeanor of
27 which fraud is an essential element;
28 (7) Such additional information as the Secretary of
29 State may by rule or regulation prescribe as necessary to
30 determine the applicant's financial responsibility,
31 business repute and qualification to act as a dealer.
32 (8) (a) No applicant shall be registered or
33 re-registered as a dealer or limited Canadian dealer
34 under this Section unless and until each principal of the
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1 dealer has passed an examination conducted by the
2 Secretary of State or a self-regulatory organization of
3 securities dealers or similar person, which examination
4 has been designated by the Secretary of State by rule,
5 regulation or order to be satisfactory for purposes of
6 determining whether the applicant has sufficient
7 knowledge of the securities business and laws relating
8 thereto to act as a registered dealer. Any dealer who was
9 registered on September 30, 1963, and has continued to be
10 so registered; and any principal of any registered
11 dealer, who was acting in such capacity on and
12 continuously since September 30, 1963; and any individual
13 who has previously passed a securities dealer examination
14 administered by the Secretary of State or any examination
15 designated by the Secretary of State to be satisfactory
16 for purposes of determining whether the applicant has
17 sufficient knowledge of the securities business and laws
18 relating thereto to act as a registered dealer by rule,
19 regulation or order, shall not be required to pass an
20 examination in order to continue to act in such capacity.
21 The Secretary of State may by order waive the examination
22 requirement for any principal of an applicant for
23 registration under this subsection B who has had such
24 experience or education relating to the securities
25 business as may be determined by the Secretary of State
26 to be the equivalent of such examination. Any request
27 for such a waiver shall be filed with the Secretary of
28 State in such form as may be prescribed by rule or
29 regulation.
30 (b) Unless an applicant is a member of the body
31 corporate known as the Securities Investor Protection
32 Corporation established pursuant to the Act of Congress
33 of the United States known as the Securities Investor
34 Protection Act of 1970, as amended, a member of an
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1 association of dealers registered as a national
2 securities association pursuant to Section 15A of the
3 Federal 1934 Act, or a member of a self-regulatory
4 organization or stock exchange in Canada which the
5 Secretary of State has designated by rule or order, an
6 applicant shall not be registered or re-registered unless
7 and until there is filed with the Secretary of State
8 evidence that such applicant has in effect insurance or
9 other equivalent protection for each client's cash or
10 securities held by such applicant, and an undertaking
11 that such applicant will continually maintain such
12 insurance or other protection during the period of
13 registration or re-registration. Such insurance or other
14 protection shall be in a form and amount reasonably
15 prescribed by the Secretary of State by rule or
16 regulation.
17 (9) The application for the registration of a
18 dealer or limited Canadian dealer shall be accompanied
19 by a filing fee and a fee for each branch office in this
20 State, in each case in the amount established pursuant to
21 Section 11a of this Act, which fees shall not be
22 returnable in any event.
23 (10) The Secretary of State shall notify the dealer
24 or limited Canadian dealer by written notice (which may
25 be by electronic or facsimile transmission) of the
26 effectiveness of the registration as a dealer in this
27 State.
28 (11) Any change which renders no longer accurate
29 any information contained in any application for
30 registration or re-registration of a dealer or limited
31 Canadian dealer shall be reported to the Secretary of
32 State within 10 business days after the occurrence of
33 such change; but in respect to assets and liabilities
34 only materially adverse changes need be reported.
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1 C. Any registered dealer, limited Canadian dealer,
2 issuer, or controlling person desiring to register a
3 salesperson shall file an application with the Secretary of
4 State, in such form as the Secretary of State may by rule or
5 regulation prescribe, which the salesperson is required by
6 this Section to provide to the dealer, issuer, or controlling
7 person, executed, verified, or authenticated by the
8 salesperson setting forth or accompanied by:
9 (1) The name, residence and business address of the
10 salesperson;
11 (2) Whether any federal or State license or
12 registration as dealer, limited Canadian dealer, or
13 salesperson has ever been refused the salesperson or
14 cancelled, suspended, revoked, or withdrawn;
15 (3) The nature of employment with, and names and
16 addresses of, employers of the salesperson for the 10
17 years immediately preceding the date of application;
18 (4) A brief description of any civil or criminal
19 proceedings of which fraud is an essential element
20 pending against the salesperson, and whether the
21 salesperson has ever been convicted of a felony, or of
22 any misdemeanor of which fraud is an essential element;
23 (5) Such additional information as the Secretary of
24 State may by rule, regulation or order prescribe as
25 necessary to determine the salesperson's business repute
26 and qualification to act as a salesperson; and
27 (6) No individual shall be registered or
28 re-registered as a salesperson under this Section unless
29 and until such individual has passed an examination
30 conducted by the Secretary of State or a self-regulatory
31 organization of securities dealers or similar person,
32 which examination has been designated by the Secretary of
33 State by rule, regulation or order to be satisfactory for
34 purposes of determining whether the applicant has
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1 sufficient knowledge of the securities business and laws
2 relating thereto to act as a registered salesperson.
3 Any salesperson who was registered prior to
4 September 30, 1963, and has continued to be so
5 registered, and any individual who has passed a
6 securities salesperson examination administered by the
7 Secretary of State or an examination designated by the
8 Secretary of State by rule, regulation or order to be
9 satisfactory for purposes of determining whether the
10 applicant has sufficient knowledge of the securities
11 business and laws relating thereto to act as a registered
12 salesperson, shall not be required to pass an examination
13 in order to continue to act as a salesperson. The
14 Secretary of State may by order waive the examination
15 requirement for any applicant for registration under this
16 subsection C who has had such experience or education
17 relating to the securities business as may be determined
18 by the Secretary of State to be the equivalent of such
19 examination. Any request for such a waiver shall be
20 filed with the Secretary of State in such form as may be
21 prescribed by rule, regulation or order.
22 (7) The application for registration of a
23 salesperson shall be accompanied by a filing fee and a
24 Securities Audit and Enforcement Fund fee, each in the
25 amount established pursuant to Section 11a of this Act,
26 which shall not be returnable in any event.
27 (8) Any change which renders no longer accurate any
28 information contained in any application for registration
29 or re-registration as a salesperson shall be reported to
30 the Secretary of State within 10 business days after the
31 occurrence of such change. If the activities are
32 terminated which rendered an individual a salesperson for
33 the dealer, issuer or controlling person, the dealer,
34 issuer or controlling person, as the case may be, shall
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1 notify the Secretary of State, in writing, within 30 days
2 of the salesperson's cessation of activities, using the
3 appropriate termination notice form.
4 (9) A registered salesperson may transfer his or
5 her registration under this Section 8 for the unexpired
6 term thereof from one registered dealer or limited
7 Canadian dealer to another by the giving of notice of the
8 transfer by the new registered dealer or limited Canadian
9 dealer to the Secretary of State in such form and subject
10 to such conditions as the Secretary of State shall by
11 rule or regulation prescribe. The new registered dealer
12 or limited Canadian dealer shall promptly file an
13 application for registration of such salesperson as
14 provided in this subsection C, accompanied by the filing
15 fee prescribed by paragraph (7) of this subsection C.
16 C-5. Except with respect to federal covered investment
17 advisers whose only clients are investment companies as
18 defined in the Federal 1940 Act, other investment advisers,
19 federal covered investment advisers, or any similar person
20 which the Secretary of State may prescribe by rule or order,
21 a federal covered investment adviser shall file with the
22 Secretary of State, prior to acting as a federal covered
23 investment adviser in this State, such documents as have been
24 filed with the Securities and Exchange Commission as the
25 Secretary of State by rule or order may prescribe. The
26 notification of a federal covered investment adviser shall be
27 accompanied by a notification filing fee established pursuant
28 to Section 11a of this Act, which shall not be returnable in
29 any event. Every person acting as a federal covered
30 investment adviser in this State shall file a notification
31 filing and pay an annual notification filing fee established
32 pursuant to Section 11a of this Act, which is not returnable
33 in any event. The failure to file any such notification
34 shall constitute a violation of subsection D of Section 12 of
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1 this Act, subject to the penalties enumerated in Section 14
2 of this Act. Until October 10, 1999 or other date as may be
3 legally permissible, a federal covered investment adviser who
4 fails to file the notification or refuses to pay the fees as
5 required by this subsection shall register as an investment
6 adviser with the Secretary of State under Section 8 of this
7 Act. The civil remedies provided for in subsection A of
8 Section 13 of this Act and the civil remedies of rescission
9 and appointment of receiver, conservator, ancillary receiver,
10 or ancillary conservator provided for in subsection F of
11 Section 13 of this Act shall not be available against any
12 person by reason of the failure to file any such notification
13 or to pay the notification fee or on account of the contents
14 of any such notification.
15 D. An application for registration as an investment
16 adviser, executed, verified, or authenticated by or on behalf
17 of the applicant, shall be filed with the Secretary of State,
18 in such form as the Secretary of State may by rule or
19 regulation prescribe, setting forth or accompanied by:
20 (1) The name and form of organization under which
21 the investment adviser engages or intends to engage in
22 business; the state or country and date of its
23 organization; the location of the adviser's principal
24 business office and branch offices, if any; the names and
25 addresses of the adviser's principal, partners, officers,
26 directors, and persons performing similar functions or,
27 if the investment adviser is an individual, of the
28 individual; and the number of the adviser's employees who
29 perform investment advisory functions;
30 (2) The education, the business affiliations for
31 the past 10 years, and the present business affiliations
32 of the investment adviser and of the adviser's principal,
33 partners, officers, directors, and persons performing
34 similar functions and of any person controlling the
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1 investment adviser;
2 (3) The nature of the business of the investment
3 adviser, including the manner of giving advice and
4 rendering analyses or reports;
5 (4) The nature and scope of the authority of the
6 investment adviser with respect to clients' funds and
7 accounts;
8 (5) The basis or bases upon which the investment
9 adviser is compensated;
10 (6) Whether the investment adviser or any
11 principal, partner, officer, director, person performing
12 similar functions or person controlling the investment
13 adviser (i) within 10 years of the filing of the
14 application has been convicted of a felony, or of any
15 misdemeanor of which fraud is an essential element, or
16 (ii) is permanently or temporarily enjoined by order or
17 judgment from acting as an investment adviser,
18 underwriter, dealer, principal or salesperson, or from
19 engaging in or continuing any conduct or practice in
20 connection with any such activity or in connection with
21 the purchase or sale of any security, and in each case
22 the facts relating to the conviction, order or judgment;
23 (7) (a) A statement as to whether the investment
24 adviser is engaged or is to engage primarily in the
25 business of rendering investment supervisory services;
26 and
27 (b) A statement that the investment adviser will
28 furnish his, her, or its clients with such information as
29 the Secretary of State deems necessary in the form
30 prescribed by the Secretary of State by rule or
31 regulation;
32 (8) Such additional information as the Secretary of
33 State may, by rule, regulation or order prescribe as
34 necessary to determine the applicant's financial
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1 responsibility, business repute and qualification to act
2 as an investment adviser.
3 (9) No applicant shall be registered or
4 re-registered as an investment adviser under this Section
5 unless and until each principal of the applicant who is
6 actively engaged in the conduct and management of the
7 applicant's advisory business in this State has passed an
8 examination or completed an educational program conducted
9 by the Secretary of State or an association of investment
10 advisers or similar person, which examination or
11 educational program has been designated by the Secretary
12 of State by rule, regulation or order to be satisfactory
13 for purposes of determining whether the applicant has
14 sufficient knowledge of the securities business and laws
15 relating thereto to conduct the business of a registered
16 investment adviser.
17 Any person who was a registered investment adviser
18 prior to September 30, 1963, and has continued to be so
19 registered, and any individual who has passed an
20 investment adviser examination administered by the
21 Secretary of State, or passed an examination or completed
22 an educational program designated by the Secretary of
23 State by rule, regulation or order to be satisfactory for
24 purposes of determining whether the applicant has
25 sufficient knowledge of the securities business and laws
26 relating thereto to conduct the business of a registered
27 investment adviser, shall not be required to pass an
28 examination or complete an educational program in order
29 to continue to act as an investment adviser. The
30 Secretary of State may by order waive the examination or
31 educational program requirement for any applicant for
32 registration under this subsection D if the principal of
33 the applicant who is actively engaged in the conduct and
34 management of the applicant's advisory business in this
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1 State has had such experience or education relating to
2 the securities business as may be determined by the
3 Secretary of State to be the equivalent of the
4 examination or educational program. Any request for a
5 waiver shall be filed with the Secretary of State in such
6 form as may be prescribed by rule or regulation.
7 (10) No applicant shall be registered or
8 re-registered as an investment adviser under this Section
9 8 unless the application for registration or
10 re-registration is accompanied by an application for
11 registration or re-registration for each person acting as
12 an investment adviser representative on behalf of the
13 adviser and a Securities Audit and Enforcement Fund fee
14 that shall not be returnable in any event is paid with
15 respect to each investment adviser representative.
16 (11) The application for registration of an
17 investment adviser shall be accompanied by a filing fee
18 and a fee for each branch office in this State, in each
19 case in the amount established pursuant to Section 11a of
20 this Act, which fees shall not be returnable in any
21 event.
22 (12) The Secretary of State shall notify the
23 investment adviser by written notice (which may be by
24 electronic or facsimile transmission) of the
25 effectiveness of the registration as an investment
26 adviser in this State.
27 (13) Any change which renders no longer accurate
28 any information contained in any application for
29 registration or re-registration of an investment adviser
30 shall be reported to the Secretary of State within 10
31 business days after the occurrence of the change. In
32 respect to assets and liabilities of an investment
33 adviser that retains custody of clients' cash or
34 securities or accepts pre-payment of fees in excess of
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1 $500 per client and 6 or more months in advance only
2 materially adverse changes need be reported by written
3 notice (which may be by electronic or facsimile
4 transmission) no later than the close of business on the
5 second business day following the discovery thereof.
6 (14) Each application for registration as an
7 investment adviser shall become effective automatically
8 on the 45th day following the filing of the application,
9 required documents or information, and payment of the
10 required fee unless (i) the Secretary of State has
11 registered the investment adviser prior to that date or
12 (ii) an action with respect to the applicant is pending
13 under Section 11 of this Act.
14 D-5. A registered investment adviser or federal covered
15 investment adviser desiring to register an investment
16 adviser representative shall file an application with the
17 Secretary of State, in the form as the Secretary of State may
18 by rule or order prescribe, which the investment adviser
19 representative is required by this Section to provide to the
20 investment adviser, executed, verified, or authenticated by
21 the investment adviser representative and setting forth or
22 accompanied by:
23 (1) The name, residence, and business address of
24 the investment adviser representative;
25 (2) A statement whether any federal or state
26 license or registration as a dealer, salesperson,
27 investment adviser, or investment adviser representative
28 has ever been refused, canceled, suspended, revoked or
29 withdrawn;
30 (3) The nature of employment with, and names and
31 addresses of, employers of the investment adviser
32 representative for the 10 years immediately preceding the
33 date of application;
34 (4) A brief description of any civil or criminal
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1 proceedings, of which fraud is an essential element,
2 pending against the investment adviser representative and
3 whether the investment adviser representative has ever
4 been convicted of a felony or of any misdemeanor of which
5 fraud is an essential element;
6 (5) Such additional information as the Secretary of
7 State may by rule or order prescribe as necessary to
8 determine the investment adviser representative's
9 business repute or qualification to act as an investment
10 adviser representative;
11 (6) Documentation that the individual has passed an
12 examination conducted by the Secretary of State, an
13 organization of investment advisers, or similar person,
14 which examination has been designated by the Secretary of
15 State by rule or order to be satisfactory for purposes of
16 determining whether the applicant has sufficient
17 knowledge of the investment advisory or securities
18 business and laws relating to that business to act as a
19 registered investment adviser representative; and
20 (7) A Securities Audit and Enforcement Fund fee
21 established under Section 11a of this Act, which shall
22 not be returnable in any event.
23 The Secretary of State may by order waive the examination
24 requirement for an applicant for registration under this
25 subsection D-5 who has had the experience or education
26 relating to the investment advisory or securities business as
27 may be determined by the Secretary of State to be the
28 equivalent of the examination. A request for a waiver shall
29 be filed with the Secretary of State in the form as may be
30 prescribed by rule or order.
31 A change that renders no longer accurate any information
32 contained in any application for registration or
33 re-registration as an investment adviser representative must
34 be reported to the Secretary of State within 10 business days
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1 after the occurrence of the change. If the activities that
2 rendered an individual an investment adviser representative
3 for the investment adviser are terminated, the investment
4 adviser shall notify the Secretary of State in writing (which
5 may be by electronic or facsimile transmission), within 30
6 days of the investment adviser representative's termination,
7 using the appropriate termination notice form as the
8 Secretary of State may prescribe by rule or order.
9 A registered investment adviser representative may
10 transfer his or her registration under this Section 8 for the
11 unexpired term of the registration from one registered
12 investment adviser to another by the giving of notice of the
13 transfer by the new investment adviser to the Secretary of
14 State in the form and subject to the conditions as the
15 Secretary of State shall prescribe. The new registered
16 investment adviser shall promptly file an application for
17 registration of the investment adviser representative as
18 provided in this subsection, accompanied by the Securities
19 Audit and Enforcement Fund fee prescribed by paragraph (7) of
20 this subsection D-5.
21 E. (1) Subject to the provisions of subsection F of
22 Section 11 of this Act, the registration of a dealer, limited
23 Canadian dealer, salesperson, investment adviser, or
24 investment adviser representative may be denied, suspended or
25 revoked if the Secretary of State finds that the dealer,
26 limited Canadian dealer, salesperson, investment adviser, or
27 investment adviser representative or any principal officer,
28 director, partner, member, trustee, manager or any person who
29 performs a similar function of the dealer, limited Canadian
30 dealer, or investment adviser:
31 (a) Has been convicted of any felony during the 10
32 year period preceding the date of filing of any
33 application for registration or at any time thereafter,
34 or of any misdemeanor of which fraud is an essential
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1 element;
2 (b) Has engaged in any inequitable practice in the
3 offer or sale of securities or in any fraudulent business
4 practice;
5 (c) Has failed to account for any money or
6 property, or has failed to deliver any security, to any
7 person entitled thereto when due or within a reasonable
8 time thereafter;
9 (d) In the case of a dealer, limited Canadian
10 dealer, or investment adviser, is insolvent;
11 (e) In the case of a dealer or limited Canadian
12 dealer, (i) has failed reasonably to supervise the
13 securities activities of any of its salespersons and the
14 failure has permitted or facilitated a violation of
15 Section 12 of this Act or (ii) is offering or selling or
16 has offered or sold securities in this State through a
17 salesperson other than a registered salesperson, or, in
18 the case of a salesperson, is selling or has sold
19 securities in this State for a dealer, limited Canadian
20 dealer, issuer or controlling person with knowledge that
21 the dealer, limited Canadian dealer, issuer or
22 controlling person has not complied with the provisions
23 of this Act;
24 (f) In the case of an investment adviser, has
25 failed reasonably to supervise the advisory activities of
26 any of its investment adviser representatives or
27 employees and the failure has permitted or facilitated a
28 violation of Section 12 of this Act;
29 (g) Has violated any of the provisions of this Act;
30 (h) Has made any material misrepresentation to the
31 Secretary of State in connection with any information
32 deemed necessary by the Secretary of State to determine a
33 dealer's, limited Canadian dealer's, or investment
34 adviser's financial responsibility or a dealer's, limited
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1 Canadian dealer's, investment adviser's, salesperson's,
2 or investment adviser representative's business repute or
3 qualifications, or has refused to furnish any such
4 information requested by the Secretary of State;
5 (i) Has had a license or registration under any
6 Federal or State law regulating the offer or sale of
7 securities or commodity futures contracts, refused,
8 cancelled, suspended or withdrawn;
9 (j) Has been suspended or expelled from or refused
10 membership in or association with or limited in any
11 capacity by any self-regulatory organization registered
12 under the Federal 1934 Act or the Federal 1974 Act
13 arising from any fraudulent or deceptive act or a
14 practice in violation of any rule, regulation or standard
15 duly promulgated by the self-regulatory organization;
16 (k) Has had any order entered against it after
17 notice and opportunity for hearing by a securities agency
18 of any state, any foreign government or agency thereof,
19 the Securities and Exchange Commission, or the Federal
20 Commodities Futures Trading Commission arising from any
21 fraudulent or deceptive act or a practice in violation of
22 any statute, rule or regulation administered or
23 promulgated by the agency or commission;
24 (l) In the case of a dealer or limited Canadian
25 dealer, fails to maintain a minimum net capital in an
26 amount which the Secretary of State may by rule or
27 regulation require;
28 (m) Has conducted a continuing course of dealing of
29 such nature as to demonstrate an inability to properly
30 conduct the business of the dealer, limited Canadian
31 dealer, salesperson, investment adviser, or investment
32 adviser representative;
33 (n) Has had, after notice and opportunity for
34 hearing, any injunction or order entered against it or
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1 license or registration refused, cancelled, suspended,
2 revoked, withdrawn or limited by any state or federal
3 body, agency or commission regulating banking, insurance,
4 finance or small loan companies, real estate or mortgage
5 brokers or companies, if the action resulted from any act
6 found by the body, agency or commission to be a
7 fraudulent or deceptive act or practice in violation of
8 any statute, rule or regulation administered or
9 promulgated by the body, agency or commission;
10 (o) Has failed to file a return, or to pay the tax,
11 penalty or interest shown in a filed return, or to pay
12 any final assessment of tax, penalty or interest, as
13 required by any tax Act administered by the Illinois
14 Department of Revenue, until such time as the
15 requirements of that tax Act are satisfied;
16 (p) In the case of a natural person who is a
17 dealer, limited Canadian dealer, salesperson, investment
18 adviser, or investment adviser representative, has
19 defaulted on an educational loan guaranteed by the
20 Illinois Student Assistance Commission, until the natural
21 person has established a satisfactory repayment record as
22 determined by the Illinois Student Assistance Commission;
23 (q) Has failed to maintain the books and records
24 required under this Act or rules or regulations
25 promulgated under this Act within a reasonable time after
26 receiving notice of any deficiency;
27 (r) Has refused to allow or otherwise impeded
28 designees of the Secretary of State from conducting an
29 audit, examination, inspection, or investigation provided
30 for under Section 8 or 11 of this Act;
31 (s) Has failed to maintain any minimum net capital
32 or bond requirement set forth in this Act or any rule or
33 regulation promulgated under this Act;
34 (t) Has refused the Secretary of State or his or
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1 her designee access to any office or location within an
2 office to conduct an investigation, audit, examination,
3 or inspection;
4 (u) Has advised or caused a public pension fund or
5 retirement system established under the Illinois Pension
6 Code to make an investment or engage in a transaction not
7 authorized by that Code.
8 (2) If the Secretary of State finds that any registrant
9 or applicant for registration is no longer in existence or
10 has ceased to do business as a dealer, limited Canadian
11 dealer, salesperson, investment adviser, or investment
12 adviser representative, or is subject to an adjudication as a
13 person under legal disability or to the control of a
14 guardian, or cannot be located after reasonable search, or
15 has failed after written notice to pay to the Secretary of
16 State any additional fee prescribed by this Section or
17 specified by rule or regulation, or if a natural person, has
18 defaulted on an educational loan guaranteed by the Illinois
19 Student Assistance Commission, the Secretary of State may by
20 order cancel the registration or application.
21 (3) Withdrawal of an application for registration or
22 withdrawal from registration as a dealer, limited Canadian
23 dealer, salesperson, investment adviser, or investment
24 adviser representative becomes effective 30 days after
25 receipt of an application to withdraw or within such shorter
26 period of time as the Secretary of State may determine,
27 unless any proceeding is pending under Section 11 of this Act
28 when the application is filed or a proceeding is instituted
29 within 30 days after the application is filed. If a
30 proceeding is pending or instituted, withdrawal becomes
31 effective at such time and upon such conditions as the
32 Secretary of State by order determines. If no proceeding is
33 pending or instituted and withdrawal automatically becomes
34 effective, the Secretary of State may nevertheless institute
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1 a revocation or suspension proceeding within one year after
2 withdrawal became effective and enter a revocation or
3 suspension order as of the last date on which registration
4 was effective.
5 F. The Secretary of State shall make available upon
6 request the date that each dealer, investment adviser,
7 salesperson, or investment adviser representative was granted
8 registration, together with the name and address of the
9 dealer, limited Canadian dealer, or issuer on whose behalf
10 the salesperson is registered, and all orders of the
11 Secretary of State denying or abandoning an application, or
12 suspending or revoking registration, or censuring the
13 persons. The Secretary of State may designate by rule,
14 regulation or order the statements, information or reports
15 submitted to or filed with him or her pursuant to this
16 Section 8 which the Secretary of State determines are of a
17 sensitive nature and therefore should be exempt from public
18 disclosure. Any such statement, information or report shall
19 be deemed confidential and shall not be disclosed to the
20 public except upon the consent of the person filing or
21 submitting the statement, information or report or by order
22 of court or in court proceedings.
23 G. The registration or re-registration of a dealer or
24 limited Canadian dealer and of all salespersons registered
25 upon application of the dealer or limited Canadian dealer
26 shall expire on the next succeeding anniversary date of the
27 registration or re-registration of the dealer; and the
28 registration or re-registration of an investment adviser and
29 of all investment adviser representatives registered upon
30 application of the investment adviser shall expire on the
31 next succeeding anniversary date of the registration of the
32 investment adviser; provided, that the Secretary of State may
33 by rule or regulation prescribe an alternate date which any
34 dealer registered under the Federal 1934 Act or a member of
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1 any self-regulatory association approved pursuant thereto, a
2 member of a self-regulatory organization or stock exchange in
3 Canada, or any investment adviser may elect as the expiration
4 date of its dealer or limited Canadian dealer and salesperson
5 registrations, or the expiration date of its investment
6 adviser registration, as the case may be. A registration of
7 a salesperson registered upon application of an issuer or
8 controlling person shall expire on the next succeeding
9 anniversary date of the registration, or upon termination or
10 expiration of the registration of the securities, if any,
11 designated in the application for his or her registration or
12 the alternative date as the Secretary may prescribe by rule
13 or regulation. Subject to paragraph (9) of subsection C of
14 this Section 8, a salesperson's registration also shall
15 terminate upon cessation of his or her employment, or
16 termination of his or her appointment or authorization, in
17 each case by the person who applied for the salesperson's
18 registration, provided that the Secretary of State may by
19 rule or regulation prescribe an alternate date for the
20 expiration of the registration.
21 H. Applications for re-registration of dealers, limited
22 Canadian dealers, salespersons, investment advisers, and
23 investment adviser representatives shall be filed with the
24 Secretary of State prior to the expiration of the then
25 current registration and shall contain such information as
26 may be required by the Secretary of State upon initial
27 application with such omission therefrom or addition thereto
28 as the Secretary of State may authorize or prescribe. Each
29 application for re-registration of a dealer, limited Canadian
30 dealer, or investment adviser shall be accompanied by a
31 filing fee, each application for re-registration as a
32 salesperson shall be accompanied by a filing fee and a
33 Securities Audit and Enforcement Fund fee established
34 pursuant to Section 11a of this Act, and each application for
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1 re-registration as an investment adviser representative shall
2 be accompanied by a Securities Audit and Enforcement Fund fee
3 established under Section 11a of this Act, which shall not be
4 returnable in any event. Notwithstanding the foregoing,
5 applications for re-registration of dealers, limited Canadian
6 dealers, and investment advisers may be filed within 30 days
7 following the expiration of the registration provided that
8 the applicant pays the annual registration fee together with
9 an additional amount equal to the annual registration fee and
10 files any other information or documents that the Secretary
11 of State may prescribe by rule or regulation or order. Any
12 application filed within 30 days following the expiration of
13 the registration shall be automatically effective as of the
14 time of the earlier expiration provided that the proper fee
15 has been paid to the Secretary of State.
16 Each registered dealer, limited Canadian dealer, or
17 investment adviser shall continue to be registered if the
18 registrant changes his, her, or its form of organization
19 provided that the dealer or investment adviser files an
20 amendment to his, her, or its application not later than 30
21 days following the occurrence of the change and pays the
22 Secretary of State a fee in the amount established under
23 Section 11a of this Act.
24 I. (1) Every registered dealer, limited Canadian dealer,
25 and investment adviser shall make and keep for such periods,
26 such accounts, correspondence, memoranda, papers, books and
27 records as the Secretary of State may by rule or regulation
28 prescribe. All records so required shall be preserved for 3
29 years unless the Secretary of State by rule, regulation or
30 order prescribes otherwise for particular types of records.
31 (2) Every registered dealer, limited Canadian dealer,
32 and investment adviser shall file such financial reports as
33 the Secretary of State may by rule or regulation prescribe.
34 (3) All the books and records referred to in paragraph
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1 (1) of this subsection I are subject at any time or from time
2 to time to such reasonable periodic, special or other audits,
3 examinations, or inspections by representatives of the
4 Secretary of State, within or without this State, as the
5 Secretary of State deems necessary or appropriate in the
6 public interest or for the protection of investors.
7 (4) At the time of an audit, examination, or inspection,
8 the Secretary of State, by his or her designees, may conduct
9 an interview of any person employed or appointed by or
10 affiliated with a registered dealer, limited Canadian dealer,
11 or investment advisor, provided that the dealer, limited
12 Canadian dealer, or investment advisor shall be given
13 reasonable notice of the time and place for the interview.
14 At the option of the dealer, limited Canadian dealer, or
15 investment advisor, a representative of the dealer or
16 investment advisor with supervisory responsibility over the
17 individual being interviewed may be present at the interview.
18 J. The Secretary of State may require by rule or
19 regulation the payment of an additional fee for the filing of
20 information or documents required to be filed by this Section
21 which have not been filed in a timely manner. The Secretary
22 of State may also require by rule or regulation the payment
23 of an examination fee for administering any examination which
24 it may conduct pursuant to subsection B, C, D, or D-5 of this
25 Section 8.
26 K. The Secretary of State may declare any application
27 for registration or limited registration under this Section 8
28 abandoned by order if the applicant fails to pay any fee or
29 file any information or document required under this Section
30 8 or by rule or regulation for more than 30 days after the
31 required payment or filing date. The applicant may petition
32 the Secretary of State for a hearing within 15 days after the
33 applicant's receipt of the order of abandonment, provided
34 that the petition sets forth the grounds upon which the
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1 applicant seeks a hearing.
2 L. Any document being filed pursuant to this Section 8
3 shall be deemed filed, and any fee being paid pursuant to
4 this Section 8 shall be deemed paid, upon the date of actual
5 receipt thereof by the Secretary of State or his or her
6 designee.
7 M. The Secretary of State shall provide to the Illinois
8 Student Assistance Commission annually or at mutually agreed
9 periodic intervals the names and social security numbers of
10 natural persons registered under subsections B, C, D, and D-5
11 of this Section. The Illinois Student Assistance Commission
12 shall determine if any student loan defaulter is registered
13 as a dealer, limited Canadian dealer, salesperson, or
14 investment adviser under this Act and report its
15 determination to the Secretary of State or his or her
16 designee.
17 (Source: P.A. 89-209, eff. 1-1-96; 89-626, eff. 8-9-96;
18 90-70, eff. 7-8-97; 90-507, eff. 8-22-97; revised 11-17-97.)
19 Section 190. The Motor Vehicle Retail Installment Sales
20 Act is amended by changing Sections 11.1 and 20 as follows:
21 (815 ILCS 375/11.1) (from Ch. 121 1/2, par. 571.1)
22 Sec. 11.1. A seller in a retail installment contract may
23 add a "documentary fee" for processing documents and
24 performing services related to closing of a sale. The
25 maximum amount that may be charged by a seller for a
26 documentary fee is the base documentary fee beginning January
27 1, 1992, of $40 which shall be subject to an annual rate
28 adjustment equal to the percentage of change in the Bureau of
29 Labor Statistics Consumer Price Index. Every retail
30 installment contract under this Act shall contain or be
31 accompanied by a notice containing the following information:
32 "DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL
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1 FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
2 CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING
3 SERVICES RELATED TO CLOSING OF A SALE. THE BASE DOCUMENTARY
4 FEE BEGINNING JANUARY 1, 1992, WAS $40. THE MAXIMUM AMOUNT
5 THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS THE BASE
6 DOCUMENTARY FEE OF $40 WHICH SHALL BE SUBJECT TO AN ANNUAL
7 RATE ADJUSTMENT EQUAL TO THE PERCENTAGE OF CHANGE IN THE
8 BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX. THIS NOTICE
9 IS REQUIRED BY LAW."
10 (Source: P.A. 90-519, eff. 6-1-98; revised 12-3-97.)
11 (815 ILCS 375/20) (from Ch. 121 1/2, par. 580)
12 Sec. 20. Unless otherwise limited by this Act, the
13 parties shall have the rights and remedies provided in
14 Article 9 of the Uniform Commercial Code with respect to
15 default and, disposition, and recovery redemption of
16 collateral.
17 If the buyer has paid an amount equal to 60% or more of
18 the deferred payment price at the time of his default under
19 the contract and if the buyer, at the request of the holder
20 and without legal proceedings, surrenders the goods to the
21 holder in ordinary condition and free from malicious damage,
22 the holder must, within a period of 5 days from the date of
23 receipt of the goods at his place of business, elect either
24 (a) to retain the goods and release the buyer from further
25 obligation under the contract, or (b) to return the goods to
26 the buyer at the holder's expense and be limited to an action
27 to recover the balance of the indebtedness.
28 If the buyer has paid an amount equal to 30% or more of
29 the deferred payment price at the time of repossession, the
30 buyer shall have the right to reinstate the contract and
31 recover the collateral from the holder within 15 days from
32 the date of repossession by tendering (a) the total of all
33 unpaid amounts, including any unpaid delinquency or deferral
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1 charges due at the time of tender, without acceleration, and
2 (b) performance necessary to cure any default other than
3 nonpayment of the amounts due; and (c) any reasonable cost or
4 fees incurred by the holder in the retaking of the goods.
5 Tender of payment and performance pursuant to this Section
6 restores to the buyer his rights under the contract as though
7 no default had occurred. The buyer has a right to reinstate
8 the contract and recover the collateral from the holder only
9 once under this Section. The holder may, in the holder's sole
10 discretion, extend the period during which the buyer may
11 reinstate the contract and recover redeem the collateral
12 beyond the 15 days allowed under this Section, and the
13 extension shall not subject the holder to liability to the
14 buyer under the laws of this State.
15 The holder must give written notice to the buyer, within
16 3 days of the repossession, of the buyer's right to reinstate
17 the contract and recover the collateral pursuant to this
18 Section. The written notice shall be in substantially the
19 following form:
20 NOTICE OF RIGHT TO RECOVER VEHICLE
21 Your vehicle was repossessed on (specify date) for
22 failure to make payments on the contract (or other reason).
23 Under Illinois law, because you have paid at least 30% of
24 the deferred payment price before repossession, you may be
25 able to get the vehicle back. You have the right to recover
26 the vehicle if you do the following within 15 days of the
27 date of repossession:
28 1. Make payment of all back payments due as
29 of the date of this notice. $
30 2. Pay any late charges due. $
31 3. Pay the costs of repossession. $
32 TOTAL AMOUNT DUE as of the date of
33 this notice: $
-1417- LRB9000999EGfgam01
1 4. Plus pay any additional amounts which
2 may become due between the date of this
3 the notice and the date of
4 reinstatement. $
5 AMOUNT NOW DUE
6 Bring cash, a certified check or a money order for the
7 total amount now due that is plus any additional amounts
8 which may become due between the date of this notice and the
9 date of the reinstatement to our office located at (specify
10 address) by (specify date) to get your vehicle back.
11 (Source: P.A. 90-343, eff. 8-8-97; 90-437, eff. 1-1-98;
12 revised 2-7-98.)
13 Section 191. The Ophthalmic Advertising Act is amended
14 by changing Section 0.01 as follows:
15 (815 ILCS 385/0.01) (from Ch. 121 1/2, par. 349)
16 Sec. 0.01. Short title. This Act may be cited as the
17 Ophthalmic Opthalmic Advertising Act.
18 (Source: P.A. 86-1324; revised 7-11-97.)
19 Section 192. The Motor Vehicle Franchise Act is amended
20 by changing Section 4 as follows:
21 (815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
22 Sec. 4. Unfair competition and practices.
23 (a) The unfair methods of competition and unfair and
24 deceptive acts or practices listed in this Section are hereby
25 declared to be unlawful. In construing the provisions of this
26 Section, the courts may be guided by the interpretations of
27 the Federal Trade Commission Act (15 U.S.C. 45 et. seq.), as
28 from time to time amended.
29 (b) It shall be deemed a violation for any manufacturer,
30 factory branch, factory representative, distributor or
-1418- LRB9000999EGfgam01
1 wholesaler, distributor branch, distributor representative or
2 motor vehicle dealer to engage in any action with respect to
3 a franchise which is arbitrary, in bad faith or
4 unconscionable and which causes damage to any of the parties
5 or to the public.
6 (c) It shall be deemed a violation for a manufacturer, a
7 distributor, a wholesaler, a distributor branch or division,
8 a factory branch or division, or a wholesale branch or
9 division, or officer, agent or other representative thereof,
10 to coerce, or attempt to coerce, any motor vehicle dealer:
11 (1) to accept, buy or order any motor vehicle or
12 vehicles, appliances, equipment, parts or accessories
13 therefor, or any other commodity or commodities or
14 service or services which such motor vehicle dealer has
15 not voluntarily ordered or requested except items
16 required by applicable local, state or federal law; or to
17 require a motor vehicle dealer to accept, buy, order or
18 purchase such items in order to obtain any motor vehicle
19 or vehicles or any other commodity or commodities which
20 have been ordered or requested by such motor vehicle
21 dealer;
22 (2) to order or accept delivery of any motor
23 vehicle with special features, appliances, accessories or
24 equipment not included in the list price of the motor
25 vehicles as publicly advertised by the manufacturer
26 thereof, except items required by applicable law; or
27 (3) to order for anyone any parts, accessories,
28 equipment, machinery, tools, appliances or any commodity
29 whatsoever, except items required by applicable law.
30 (d) It shall be deemed a violation for a manufacturer, a
31 distributor, a wholesaler, a distributor branch or division,
32 or officer, agent or other representative thereof:
33 (1) to adopt, change, establish or implement a plan
34 or system for the allocation and distribution of new
-1419- LRB9000999EGfgam01
1 motor vehicles to motor vehicle dealers which is
2 arbitrary or capricious or to modify an existing plan so
3 as to cause the same to be arbitrary or capricious;
4 (2) to fail or refuse to advise or disclose to any
5 motor vehicle dealer having a franchise or selling
6 agreement, upon written request therefor, the basis upon
7 which new motor vehicles of the same line make are
8 allocated or distributed to motor vehicle dealers in the
9 State and the basis upon which the current allocation or
10 distribution is being made or will be made to such motor
11 vehicle dealer;
12 (3) to refuse to deliver in reasonable quantities
13 and within a reasonable time after receipt of dealer's
14 order, to any motor vehicle dealer having a franchise or
15 selling agreement for the retail sale of new motor
16 vehicles sold or distributed by such manufacturer,
17 distributor, wholesaler, distributor branch or division,
18 factory branch or division or wholesale branch or
19 division, any such motor vehicles as are covered by such
20 franchise or selling agreement specifically publicly
21 advertised in the State by such manufacturer,
22 distributor, wholesaler, distributor branch or division,
23 factory branch or division, or wholesale branch or
24 division to be available for immediate delivery.
25 However, the failure to deliver any motor vehicle shall
26 not be considered a violation of this Act if such failure
27 is due to an act of God, a work stoppage or delay due to
28 a strike or labor difficulty, a shortage of materials, a
29 lack of manufacturing capacity, a freight embargo or
30 other cause over which the manufacturer, distributor, or
31 wholesaler, or any agent thereof has no control;
32 (4) to coerce, or attempt to coerce, any motor
33 vehicle dealer to enter into any agreement with such
34 manufacturer, distributor, wholesaler, distributor branch
-1420- LRB9000999EGfgam01
1 or division, factory branch or division, or wholesale
2 branch or division, or officer, agent or other
3 representative thereof, or to do any other act
4 prejudicial to the dealer by threatening to reduce his
5 allocation of motor vehicles or cancel any franchise or
6 any selling agreement existing between such manufacturer,
7 distributor, wholesaler, distributor branch or division,
8 or factory branch or division, or wholesale branch or
9 division, and the dealer. However, notice in good faith
10 to any motor vehicle dealer of the dealer's violation of
11 any terms or provisions of such franchise or selling
12 agreement or of any law or regulation applicable to the
13 conduct of a motor vehicle dealer shall not constitute a
14 violation of this Act;
15 (5) to require a franchisee to participate in an
16 advertising campaign or contest or any promotional
17 campaign, or to purchase or lease any promotional
18 materials, training materials, show room or other display
19 decorations or materials at the expense of the
20 franchisee;
21 (6) to cancel or terminate the franchise or selling
22 agreement of a motor vehicle dealer without good cause
23 and without giving notice as hereinafter provided; to
24 fail or refuse to extend the franchise or selling
25 agreement of a motor vehicle dealer upon its expiration
26 without good cause and without giving notice as
27 hereinafter provided; or, to offer a renewal, replacement
28 or succeeding franchise or selling agreement containing
29 terms and provisions the effect of which is to
30 substantially change or modify the sales and service
31 obligations or capital requirements of the motor vehicle
32 dealer arbitrarily and without good cause and without
33 giving notice as hereinafter provided notwithstanding any
34 term or provision of a franchise or selling agreement.
-1421- LRB9000999EGfgam01
1 (A) If a manufacturer, distributor,
2 wholesaler, distributor branch or division, factory
3 branch or division or wholesale branch or division
4 intends to cancel or terminate a franchise or
5 selling agreement or intends not to extend or renew
6 a franchise or selling agreement on its expiration,
7 it shall send a letter by certified mail, return
8 receipt requested, to the affected franchisee at
9 least 60 days before the effective date of the
10 proposed action, or not later than 10 days before
11 the proposed action when the reason for the action
12 is based upon either of the following:
13 (i) the business operations of the
14 franchisee have been abandoned or the
15 franchisee has failed to conduct customary
16 sales and service operations during customary
17 business hours for at least 7 consecutive
18 business days unless such closing is due to an
19 act of God, strike or labor difficulty or other
20 cause over which the franchisee has no control;
21 or
22 (ii) the conviction of or plea of nolo
23 contendere by the motor vehicle dealer or any
24 operator thereof in a court of competent
25 jurisdiction to an offense punishable by
26 imprisonment for more than two years.
27 Each notice of proposed action shall include a
28 detailed statement setting forth the specific
29 grounds for the proposed cancellation, termination,
30 or refusal to extend or renew.
31 (B) If a manufacturer, distributor,
32 wholesaler, distributor branch or division, factory
33 branch or division or wholesale branch or division
34 intends to change substantially or modify the sales
-1422- LRB9000999EGfgam01
1 and service obligations or capital requirements of a
2 motor vehicle dealer as a condition to extending or
3 renewing the existing franchise or selling agreement
4 of such motor vehicle dealer, it shall send a letter
5 by certified mail, return receipt requested, to the
6 affected franchisee at least 60 days before the
7 date of expiration of the franchise or selling
8 agreement. Each notice of proposed action shall
9 include a detailed statement setting forth the
10 specific grounds for the proposed action.
11 (C) Within 15 days from receipt of the notice
12 under subparagraphs (A) and (B), the franchisee may
13 file with the Board a written protest against the
14 proposed action.
15 When the protest has been timely filed, the
16 Board shall enter an order, fixing a date (within 60
17 days of the date of the order), time, and place of a
18 hearing on the protest required under Sections 12
19 and 29 of this Act, and send by certified mail,
20 return receipt requested, a copy of the order to the
21 manufacturer that filed the notice of intention of
22 the proposed action and to the protesting dealer or
23 franchisee.
24 The manufacturer shall have the burden of proof
25 to establish that good cause exists to cancel or
26 terminate, or fail to extend or renew the franchise
27 or selling agreement of a motor vehicle dealer or
28 franchisee, and to change substantially or modify
29 the sales and service obligations or capital
30 requirements of a motor vehicle dealer as a
31 condition to extending or renewing the existing
32 franchise or selling agreement. The determination
33 whether good cause exists to cancel, terminate, or
34 refuse to renew or extend the franchise or selling
-1423- LRB9000999EGfgam01
1 agreement, or to change or modify the obligations of
2 the dealer as a condition to offer renewal,
3 replacement, or succession shall be made by the
4 Board under subsection (d) of Section 12 of this
5 Act.
6 (D) Notwithstanding the terms, conditions, or
7 provisions of a franchise or selling agreement, the
8 following shall not constitute good cause for
9 cancelling or terminating or failing to extend or
10 renew the franchise or selling agreement: (i) the
11 change of ownership or executive management of the
12 franchisee's dealership; or (ii) the fact that the
13 franchisee or owner of an interest in the franchise
14 owns, has an investment in, participates in the
15 management of, or holds a license for the sale of
16 the same or any other line make of new motor
17 vehicles.
18 Good cause shall exist to cancel, terminate or
19 fail to offer a renewal or replacement franchise or
20 selling agreement to all franchisees of a line make
21 if the manufacturer permanently discontinues the
22 manufacture or assembly of motor vehicles of such
23 line make.
24 (E) The manufacturer may not cancel or
25 terminate, or fail to extend or renew a franchise or
26 selling agreement or change or modify the
27 obligations of the franchisee as a condition to
28 offering a renewal, replacement, or succeeding
29 franchise or selling agreement before the hearing
30 process is concluded as prescribed by this Act, and
31 thereafter, if the Board determines that the
32 manufacturer has failed to meet its burden of proof
33 and that good cause does not exist to allow the
34 proposed action; or
-1424- LRB9000999EGfgam01
1 (7) notwithstanding the terms of any franchise
2 agreement, to fail to indemnify and hold harmless its
3 franchised dealers against any judgment or settlement for
4 damages, including, but not limited to, court costs and
5 reasonable attorneys' fees of the new motor vehicle
6 dealer, arising out of complaints, claims or lawsuits
7 including, but not limited to, strict liability,
8 negligence, misrepresentation, warranty (express or
9 implied), or recision of the sale as defined in Section
10 2-608 of the Uniform Commercial Code, to the extent that
11 the judgment or settlement relates to the alleged
12 defective or negligent manufacture, assembly or design of
13 new motor vehicles, parts or accessories or other
14 functions by the manufacturer, beyond the control of the
15 dealer.
16 (e) It shall be deemed a violation for a manufacturer, a
17 distributor, a wholesaler, a distributor branch or division
18 or officer, agent or other representative thereof:
19 (1) to resort to or use any false or misleading
20 advertisement in connection with his business as such
21 manufacturer, distributor, wholesaler, distributor branch
22 or division or officer, agent or other representative
23 thereof;
24 (2) to offer to sell or lease, or to sell or lease,
25 any new motor vehicle to any motor vehicle dealer at a
26 lower actual price therefor than the actual price offered
27 to any other motor vehicle dealer for the same model
28 vehicle similarly equipped or to utilize any device
29 including, but not limited to, sales promotion plans or
30 programs which result in such lesser actual price or
31 fail to make available to any motor vehicle dealer any
32 preferential pricing, incentive, rebate, finance rate, or
33 low interest loan program offered to competing motor
34 vehicle dealers in other contiguous states. However, the
-1425- LRB9000999EGfgam01
1 provisions of this paragraph shall not apply to sales to
2 a motor vehicle dealer for resale to any unit of the
3 United States Government, the State or any of its
4 political subdivisions;
5 (3) to offer to sell or lease, or to sell or lease,
6 any new motor vehicle to any person, except a wholesaler,
7 distributor or manufacturer's employees at a lower actual
8 price therefor than the actual price offered and charged
9 to a motor vehicle dealer for the same model vehicle
10 similarly equipped or to utilize any device which results
11 in such lesser actual price. However, the provisions of
12 this paragraph shall not apply to sales to a motor
13 vehicle dealer for resale to any unit of the United
14 States Government, the State or any of its political
15 subdivisions;
16 (4) to prevent or attempt to prevent by contract or
17 otherwise any motor vehicle dealer or franchisee from
18 changing the executive management control of the motor
19 vehicle dealer or franchisee unless the franchiser,
20 having the burden of proof, proves that such change of
21 executive management will result in executive management
22 control by a person or persons who are not of good moral
23 character or who do not meet the franchiser's existing
24 and, with consideration given to the volume of sales and
25 service of the dealership, uniformly applied minimum
26 business experience standards in the market area. However
27 where the manufacturer rejects a proposed change in
28 executive management control, the manufacturer shall give
29 written notice of his reasons to the dealer within 60
30 days of notice to the manufacturer by the dealer of the
31 proposed change. If the manufacturer does not send a
32 letter to the franchisee by certified mail, return
33 receipt requested, within 60 days from receipt by the
34 manufacturer of the proposed change, then the change of
-1426- LRB9000999EGfgam01
1 the executive management control of the franchisee shall
2 be deemed accepted as proposed by the franchisee, and the
3 manufacturer shall give immediate effect to such change;
4 (5) to prevent or attempt to prevent by contract or
5 otherwise any motor vehicle dealer from establishing or
6 changing the capital structure of his dealership or the
7 means by or through which he finances the operation
8 thereof; provided the dealer meets any reasonable capital
9 standards agreed to between the dealer and the
10 manufacturer, distributor or wholesaler, who may require
11 that the sources, method and manner by which the dealer
12 finances or intends to finance its operation, equipment
13 or facilities be fully disclosed;
14 (6) to refuse to give effect to or prevent or
15 attempt to prevent by contract or otherwise any motor
16 vehicle dealer or any officer, partner or stockholder of
17 any motor vehicle dealer from selling or transferring any
18 part of the interest of any of them to any other person
19 or persons or party or parties unless such sale or
20 transfer is to a transferee who would not otherwise
21 qualify for a new motor vehicle dealers license under
22 "The Illinois Vehicle Code" or unless the franchiser,
23 having the burden of proof, proves that such sale or
24 transfer is to a person or party who is not of good moral
25 character or does not meet the franchiser's existing and
26 reasonable capital standards and, with consideration
27 given to the volume of sales and service of the
28 dealership, uniformly applied minimum business experience
29 standards in the market area. However, nothing herein
30 shall be construed to prevent a franchiser from
31 implementing affirmative action programs providing
32 business opportunities for minorities or from complying
33 with applicable federal, State or local law:
34 (A) If the manufacturer intends to refuse to
-1427- LRB9000999EGfgam01
1 approve the sale or transfer of all or a part of the
2 interest, then it shall, within 60 days from receipt
3 of the completed application forms generally
4 utilized by a manufacturer to conduct its review and
5 a copy of all agreements regarding the proposed
6 transfer, send a letter by certified mail, return
7 receipt requested, advising the franchisee of any
8 refusal to approve the sale or transfer of all or
9 part of the interest. The notice shall set forth
10 specific criteria used to evaluate the prospective
11 transferee and the grounds for refusing to approve
12 the sale or transfer to that transferee. Within 15
13 days from the franchisee's receipt of the
14 manufacturer's notice, the franchisee may file with
15 the Board a written protest against the proposed
16 action.
17 When a protest has been timely filed, the Board
18 shall enter an order, fixing the date (within 60
19 days of the date of such order), time, and place of
20 a hearing on the protest, required under Sections 12
21 and 29 of this Act, and send by certified mail,
22 return receipt requested, a copy of the order to the
23 manufacturer that filed notice of intention of the
24 proposed action and to the protesting franchisee.
25 The manufacturer shall have the burden of proof
26 to establish that good cause exists to refuse to
27 approve the sale or transfer to the transferee. The
28 determination whether good cause exists to refuse to
29 approve the sale or transfer shall be made by the
30 Board under subdivisions (6)(B). The manufacturer
31 shall not refuse to approve the sale or transfer by
32 a dealer or an officer, partner, or stockholder of a
33 franchise or any part of the interest to any person
34 or persons before the hearing process is concluded
-1428- LRB9000999EGfgam01
1 as prescribed by this Act, and thereafter if the
2 Board determines that the manufacturer has failed to
3 meet its burden of proof and that good cause does
4 not exist to refuse to approve the sale or transfer
5 to the transferee.
6 (B) Good cause to refuse to approve such sale
7 or transfer under this Section is established when
8 such sale or transfer is to a transferee who would
9 not otherwise qualify for a new motor vehicle
10 dealers license under "The Illinois Vehicle Code" or
11 such sale or transfer is to a person or party who is
12 not of good moral character or does not meet the
13 franchiser's existing and reasonable capital
14 standards and, with consideration given to the
15 volume of sales and service of the dealership,
16 uniformly applied minimum business experience
17 standards in the market area.
18 (7) to obtain money, goods, services, anything of
19 value, or any other benefit from any other person with
20 whom the motor vehicle dealer does business, on account
21 of or in relation to the transactions between the dealer
22 and the other person as compensation, except for services
23 actually rendered, unless such benefit is promptly
24 accounted for and transmitted to the motor vehicle
25 dealer;
26 (8) to grant an additional franchise in the
27 relevant market area of an existing franchise of the same
28 line make or to relocate an existing motor vehicle
29 dealership within or into a relevant market area of an
30 existing franchise of the same line make. However, if the
31 manufacturer wishes to grant such an additional franchise
32 to an independent person in a bona fide relationship in
33 which such person is prepared to make a significant
34 investment subject to loss in such a dealership, or if
-1429- LRB9000999EGfgam01
1 the manufacturer wishes to relocate an existing motor
2 vehicle dealership, then the manufacturer shall send a
3 letter by certified mail, return receipt requested, to
4 each existing dealer or dealers of the same line make
5 whose relevant market area includes the proposed location
6 of the additional or relocated franchise at least 60 days
7 before the manufacturer grants an additional franchise or
8 relocates an existing franchise of the same line make
9 within or into the relevant market area of an existing
10 franchisee of the same line make. Each notice shall set
11 forth the specific grounds for the proposed grant of an
12 additional or relocation of an existing franchise.
13 Unless the parties agree upon the grant or establishment
14 of the additional or relocated franchise within 15 days
15 from the date the notice was received by the existing
16 franchisee of the same line make or any person entitled
17 to receive such notice, the franchisee or other person
18 may file with the Board a written protest against the
19 grant or establishment of the proposed additional or
20 relocated franchise.
21 When a protest has been timely filed, the Board
22 shall enter an order fixing a date (within 60 days of the
23 date of the order), time, and place of a hearing on the
24 protest, required under Sections 12 and 29 of this Act,
25 and send by certified or registered mail, return receipt
26 requested, a copy of the order to the manufacturer that
27 filed the notice of intention to grant or establish the
28 proposed additional or relocated franchise and to the
29 protesting dealer or dealers of the same line make whose
30 relevant market area includes the proposed location of
31 the additional or relocated franchise.
32 When more than one protest is filed against the
33 grant or establishment of the additional or relocated
34 franchise of the same line make, the Board may
-1430- LRB9000999EGfgam01
1 consolidate the hearings to expedite disposition of the
2 matter. The manufacturer shall have the burden of proof
3 to establish that good cause exists to allow the grant or
4 establishment of the additional or relocated franchise.
5 The manufacturer may not grant or establish the
6 additional franchise or relocate the existing franchise
7 before the hearing process is concluded as prescribed by
8 this Act, and thereafter if the Board determines that the
9 manufacturer has failed to meet its burden of proof and
10 that good cause does not exist to allow the grant or
11 establishment of the additional franchise or relocation
12 of the existing franchise.
13 The determination whether good cause exists for
14 allowing the grant or establishment of an additional
15 franchise or relocated existing franchise, shall be made
16 by the Board under subsection (c) of Section 12 of this
17 Act. If the manufacturer seeks to enter into a contract,
18 agreement or other arrangement with any person,
19 establishing any additional motor vehicle dealership or
20 other facility, limited to the sale of factory repurchase
21 vehicles or late model vehicles, then the manufacturer
22 shall follow the notice procedures set forth in this
23 Section and the determination whether good cause exists
24 for allowing the proposed agreement shall be made by the
25 Board under subsection (c) of Section 12, with the
26 manufacturer having the burden of proof.
27 A. (Blank).
28 B. For the purposes of this Section,
29 appointment of a successor motor vehicle dealer at
30 the same location as its predecessor, or within 2
31 miles of such location, or the relocation of an
32 existing dealer or franchise within 2 miles of the
33 relocating dealer's or franchisee's existing
34 location, shall not be construed as a grant,
-1431- LRB9000999EGfgam01
1 establishment or the entering into of an additional
2 franchise or selling agreement, or a relocation of
3 an existing franchise. The reopening of a motor
4 vehicle dealership that has not been in operation
5 for 18 months or more shall be deemed the grant of
6 an additional franchise or selling agreement.
7 C. This Section does not apply to the
8 relocation of an existing dealership or franchise in
9 a county having a population of more than 300,000
10 persons when the new location is within the dealer's
11 current relevant market area, provided the new
12 location is more than 7 miles from the nearest
13 dealer of the same line make or is further away from
14 the nearest dealer of the same line make. This
15 Section does not apply to the relocation of an
16 existing dealership or franchise in a county having
17 a population of less than 300,000 persons when the
18 new location is within the dealer's current relevant
19 market area, provided the new location is more than
20 12 miles from the nearest dealer of the same line
21 make or is further away from the nearest dealer of
22 the same line make.
23 D. Nothing in this Section shall be construed
24 to prevent a franchiser from implementing
25 affirmative action programs providing business
26 opportunities for minorities or from complying with
27 applicable federal, State or local law;
28 (9) to require a motor vehicle dealer to assent to
29 a release, assignment, novation, waiver or estoppel which
30 would relieve any person from liability imposed by this
31 Act;
32 (10) to prevent or refuse to give effect to the
33 succession to the ownership or management control of a
34 dealership by any legatee under the will of a dealer or
-1432- LRB9000999EGfgam01
1 to an heir under the laws of descent and distribution of
2 this State unless the franchisee has designated a
3 successor to the ownership or management control under
4 the succession provisions of the franchise. Unless the
5 franchiser, having the burden of proof, proves that the
6 successor is a person who is not of good moral character
7 or does not meet the franchiser's existing and reasonable
8 capital standards and, with consideration given to the
9 volume of sales and service of the dealership, uniformly
10 applied minimum business experience standards in the
11 market area, any designated successor of a dealer or
12 franchisee may succeed to the ownership or management
13 control of a dealership under the existing franchise if:
14 (i) The designated successor gives the
15 franchiser written notice by certified mail,
16 return receipt requested, of his or her
17 intention to succeed to the ownership of the
18 dealer within 60 days of the dealer's death or
19 incapacity; and
20 (ii) The designated successor agrees to
21 be bound by all the terms and conditions of the
22 existing franchise.
23 Notwithstanding the foregoing, in the event the
24 motor vehicle dealer or franchisee and manufacturer have
25 duly executed an agreement concerning succession rights
26 prior to the dealer's death or incapacitation, the
27 agreement shall be observed.
28 (A) If the franchiser intends to refuse to
29 honor the successor to the ownership of a deceased
30 or incapacitated dealer or franchisee under an
31 existing franchise agreement, the franchiser shall
32 send a letter by certified mail, return receipt
33 requested, to the designated successor within 60
34 days from receipt of a proposal advising of its
-1433- LRB9000999EGfgam01
1 intent to refuse to honor the succession and to
2 discontinue the existing franchise agreement. The
3 notice shall set forth the specific grounds for the
4 refusal to honor the succession and discontinue the
5 existing franchise agreement.
6 If notice of refusal is not timely served upon
7 the designated successor, the franchise agreement
8 shall continue in effect subject to termination only
9 as otherwise permitted by paragraph (6) of
10 subsection (d) of Section 4 of this Act.
11 Within 15 days from the date the notice was
12 received by the designated successor or any other
13 person entitled to notice, the designee or other
14 person may file with the Board a written protest
15 against the proposed action.
16 When a protest has been timely filed, the Board
17 shall enter an order, fixing a date (within 60 days
18 of the date of the order), time, and place of a
19 hearing on the protest, required under Sections 12
20 and 29 of this Act, and send by certified mail,
21 return receipt requested, a copy of the order to the
22 franchiser that filed the notice of intention of the
23 proposed action and to the protesting designee or
24 such other person.
25 The manufacturer shall have the burden of proof
26 to establish that good cause exists to refuse to
27 honor the succession and discontinue the existing
28 franchise agreement. The determination whether good
29 cause exists to refuse to honor the succession shall
30 be made by the Board under subdivision (B) of this
31 paragraph (10). The manufacturer shall not refuse
32 to honor the succession or discontinue the existing
33 franchise agreement before the hearing process is
34 concluded as prescribed by this Act, and thereafter
-1434- LRB9000999EGfgam01
1 if the Board determines that it has failed to meet
2 its burden of proof and that good cause does not
3 exist to refuse to honor the succession and
4 discontinue the existing franchise agreement.
5 (B) No manufacturer shall impose any
6 conditions upon honoring the succession and
7 continuing the existing franchise agreement with the
8 designated successor other than that the franchisee
9 has designated a successor to the ownership or
10 management control under the succession provisions
11 of the franchise, or that the designated successor
12 is of good moral character or meets the reasonable
13 capital standards and, with consideration given to
14 the volume of sales and service of the dealership,
15 uniformly applied minimum business experience
16 standards in the market area;
17 (11) to prevent or refuse to approve a proposal to
18 establish a successor franchise at a location previously
19 approved by the franchiser when submitted with the
20 voluntary termination by the existing franchisee unless
21 the successor franchisee would not otherwise qualify for
22 a new motor vehicle dealer's license under the Illinois
23 Vehicle Code or unless the franchiser, having the burden
24 of proof, proves that such proposed successor is not of
25 good moral character or does not meet the franchiser's
26 existing and reasonable capital standards and, with
27 consideration given to the volume of sales and service of
28 the dealership, uniformly applied minimum business
29 experience standards in the market area. However, when
30 such a rejection of a proposal is made, the manufacturer
31 shall give written notice of its reasons to the
32 franchisee within 60 days of receipt by the manufacturer
33 of the proposal. However, nothing herein shall be
34 construed to prevent a franchiser from implementing
-1435- LRB9000999EGfgam01
1 affirmative action programs providing business
2 opportunities for minorities, or from complying with
3 applicable federal, State or local law;
4 (12) to prevent or refuse to grant a franchise to a
5 person because such person owns, has investment in or
6 participates in the management of or holds a franchise
7 for the sale of another make or line of motor vehicles
8 within 7 miles of the proposed franchise location in a
9 county having a population of more than 300,000 persons,
10 or within 12 miles of the proposed franchise location in
11 a county having a population of less than 300,000
12 persons; or
13 (13) to prevent or attempt to prevent any new motor
14 vehicle dealer from establishing any additional motor
15 vehicle dealership or other facility limited to the sale
16 of factory repurchase vehicles or late model vehicles or
17 otherwise offering for sale factory repurchase vehicles
18 of the same line make at an existing franchise by failing
19 to make available any contract, agreement or other
20 arrangement which is made available or otherwise offered
21 to any person.
22 (Source: P.A. 89-145, eff. 7-14-95; revised 7-11-97.)
23 Section 193. The Beer Industry Fair Dealing Act is
24 amended by changing Section 9 as follows:
25 (815 ILCS 720/9) (from Ch. 43, par. 309)
26 Sec. 9. Judicial and other remedies.
27 (1) If the brewer or wholesaler who is a party to an
28 agreement pursuant to this Act fails to comply with this Act
29 or otherwise engages in conduct prohibited under this Act,
30 the affected party may maintain a civil suit in court if the
31 cause of action directly relates to or stems from the
32 relationship of the individual parties under the agreement,
-1436- LRB9000999EGfgam01
1 provided that any such suit shall be filed in a State or
2 federal court of competent jurisdiction located in Illinois.
3 (2) A brewer or wholesaler may bring an action for
4 declaratory judgment for determination of any controversy
5 arising under this Act or out of the brewer and wholesaler
6 relationship.
7 (3) Upon proper application to the court, a brewer or
8 wholesaler may obtain injunctive relief against any violation
9 of this Act.
10 (4) In any action under subsection (1) the court may
11 grant such relief as the court determines is necessary or
12 appropriate considering the purposes of this Act.
13 (5) The prevailing party in any action under subsection
14 (1) shall be entitled to (i) actual damages, (ii) all court
15 or arbitration costs, and (iii) attorneys' fees at the
16 court's discretion.
17 (6) With respect to any dispute arising under this Act
18 or out of the relationship between brewer and wholesaler, the
19 wholesaler and the brewer each has the absolute right before
20 it has agreed to arbitrate a particular dispute to refuse to
21 arbitrate that particular dispute. Arbitration shall be
22 conducted in accordance with the Commercial Arbitration Rules
23 of the American Arbitration Association and the laws of this
24 State, and judgment upon the award rendered by the arbitrator
25 may be entered in any court having jurisdiction. A brewer
26 may not, as a condition of entering into or renewing an
27 agreement, require the wholesaler to agree to arbitration
28 instead of judicial remedies.
29 (7) If there is a finding by an arbitrator or a court in
30 a proceeding under this Section or under subsection (1.5) or
31 (2) of Section 7 that a party has not acted in good faith, an
32 appropriate penalty shall be assessed by the arbitrator or
33 the court against that party and, in addition, that party
34 shall also be ordered to pay all court or arbitration costs
-1437- LRB9000999EGfgam01
1 and reasonable legal fees incurred by the other party in the
2 proceeding.
3 (Source: P.A. 89-716, eff. 2-21-97; 90-91, eff. 7-11-97;
4 revised 8-13-97.)
5 Section 194. The Employee Medical Contribution Act is
6 amended by changing Section 1 as follows:
7 (820 ILCS 150/1) (from Ch. 48, par. 35a)
8 Sec. 1. Whenever an employee agrees to let his employer
9 make deductions from his wages for payments to a corporation
10 organized under "The Medical Service Plan Act", approved July
11 25, 1945, as amended, or "The Non-Profit Hospital Service
12 Plan Act", approved July 6, 1935, as amended, or any other
13 medical service plan the employer shall accept cash at the
14 regular group rate from such employee for such payment, in
15 lieu of such payroll deduction, or continue to make payments
16 for the benefit of the employee in the amount necessary to
17 continue the employee's participation in the medical service
18 plan, for any period up to 6 six consecutive months in the
19 event that such employee is unable to earn sufficient wages
20 to cover the amount normally deducted for such payment,
21 provided, however, that such employee maintains recall rights
22 with that employer and does not accept any employment
23 elsewhere.
24 (Source: P.A. 79-991; revised 1-21-98.)
25 Section 195. The Unemployment Insurance Act is amended
26 by changing Section 1900 as follows:
27 (820 ILCS 405/1900) (from Ch. 48, par. 640)
28 Sec. 1900. Disclosure of information.
29 A. Except as provided in this Section, information
30 obtained from any individual or employing unit during the
-1438- LRB9000999EGfgam01
1 administration of this Act shall:
2 1. be confidential,
3 2. not be published or open to public inspection,
4 3. not be used in any court in any pending action
5 or proceeding,
6 4. not be admissible in evidence in any action or
7 proceeding other than one arising out of this Act.
8 B. No finding, determination, decision, ruling or order
9 (including any finding of fact, statement or conclusion made
10 therein) issued pursuant to this Act shall be admissible or
11 used in evidence in any action other than one arising out of
12 this Act, nor shall it be binding or conclusive except as
13 provided in this Act, nor shall it constitute res judicata,
14 regardless of whether the actions were between the same or
15 related parties or involved the same facts.
16 C. Any officer or employee of this State, any officer or
17 employee of any entity authorized to obtain information
18 pursuant to this Section, and any agent of this State or of
19 such entity who, except with authority of the Director under
20 this Section, shall disclose information shall be guilty of a
21 Class B misdemeanor and shall be disqualified from holding
22 any appointment or employment by the State.
23 D. An individual or his duly authorized agent may be
24 supplied with information from records only to the extent
25 necessary for the proper presentation of his claim for
26 benefits or with his existing or prospective rights to
27 benefits. Discretion to disclose this information belongs
28 solely to the Director and is not subject to a release or
29 waiver by the individual.
30 E. An employing unit may be furnished with information,
31 only if deemed by the Director as necessary to enable it to
32 fully discharge its obligations or safeguard its rights under
33 the Act. Discretion to disclose this information belongs
34 solely to the Director and is not subject to a release or
-1439- LRB9000999EGfgam01
1 waiver by the employing unit.
2 F. The Director may furnish any information that he may
3 deem proper to any public officer or public agency of this or
4 any other State or of the federal government dealing with:
5 1. the administration of relief,
6 2. public assistance,
7 3. unemployment compensation,
8 4. a system of public employment offices,
9 5. wages and hours of employment, or
10 6. a public works program.
11 The Director may make available to the Illinois
12 Industrial Commission information regarding employers for the
13 purpose of verifying the insurance coverage required under
14 the Workers' Compensation Act and Workers' Occupational
15 Diseases Act.
16 G. The Director may disclose information submitted by
17 the State or any of its political subdivisions, municipal
18 corporations, instrumentalities, or school or community
19 college districts, except for information which specifically
20 identifies an individual claimant.
21 H. The Director shall disclose only that information
22 required to be disclosed under Section 303 of the Social
23 Security Act, as amended, including:
24 1. any information required to be given the United
25 States Department of Labor under Section 303(a)(6); and
26 2. the making available upon request to any agency
27 of the United States charged with the administration of
28 public works or assistance through public employment, the
29 name, address, ordinary occupation and employment status
30 of each recipient of unemployment compensation, and a
31 statement of such recipient's right to further
32 compensation under such law as required by Section
33 303(a)(7); and
34 3. records to make available to the Railroad
-1440- LRB9000999EGfgam01
1 Retirement Board as required by Section 303(c)(1); and
2 4. information that will assure reasonable
3 cooperation with every agency of the United States
4 charged with the administration of any unemployment
5 compensation law as required by Section 303(c)(2); and
6 5. information upon request and on a reimbursable
7 basis to the United States Department of Agriculture and
8 to any State food stamp agency concerning any information
9 required to be furnished by Section 303(d); and
10 6. any wage information upon request and on a
11 reimbursable basis to any State or local child support
12 enforcement agency required by Section 303(e); and
13 7. any information required under the income
14 eligibility and verification system as required by
15 Section 303(f); and
16 8. information that might be useful in locating an
17 absent parent or that parent's employer, establishing
18 paternity or establishing, modifying, or enforcing child
19 support orders for the purpose of a child support
20 enforcement program under Title IV of the Social Security
21 Act upon the request of and on a reimbursable basis to
22 the public agency administering the Federal Parent
23 Locator Service as required by Section 303(h); and
24 9. information, upon request, to representatives of
25 any federal, State or local governmental public housing
26 agency with respect to individuals who have signed the
27 appropriate consent form approved by the Secretary of
28 Housing and Urban Development and who are applying for or
29 participating in any housing assistance program
30 administered by the United States Department of Housing
31 and Urban Development as required by Section 303(i).
32 I. The Director, upon the request of a public agency of
33 Illinois, of the federal government or of any other state
34 charged with the investigation or enforcement of Section 10-5
-1441- LRB9000999EGfgam01
1 of the Criminal Code of 1961 (or a similar federal law or
2 similar law of another State), may furnish the public agency
3 information regarding the individual specified in the request
4 as to:
5 1. the current or most recent home address of the
6 individual, and
7 2. the names and addresses of the individual's
8 employers.
9 J. Nothing in this Section shall be deemed to interfere
10 with the disclosure of certain records as provided for in
11 Section 1706 or with the right to make available to the
12 Internal Revenue Service of the United States Department of
13 the Treasury, or the Department of Revenue of the State of
14 Illinois, information obtained under this Act.
15 K. The Department shall make available to the Illinois
16 Student Assistance Commission, upon request, information in
17 the possession of the Department that may be necessary or
18 useful to the Commission in the collection of defaulted or
19 delinquent student loans which the Commission administers.
20 L. The Department shall make available to the State
21 Employees' Retirement System, the State Universities
22 Retirement System, and the Teachers' Retirement System of the
23 State of Illinois, upon request, information in the
24 possession of the Department that may be necessary or useful
25 to the System for the purpose of determining whether any
26 recipient of a disability benefit from the System is
27 gainfully employed.
28 M. This Section shall be applicable to the information
29 obtained in the administration of the State employment
30 service, except that the Director may publish or release
31 general labor market information and may furnish information
32 that he may deem proper to an individual, public officer or
33 public agency of this or any other State or the federal
34 government (in addition to those public officers or public
-1442- LRB9000999EGfgam01
1 agencies specified in this Section) as he prescribes by Rule.
2 N. The Director may require such safeguards as he deems
3 proper to insure that information disclosed pursuant to this
4 Section is used only for the purposes set forth in this
5 Section.
6 O. (Blank).
7 P. Within 30 days after the effective date of this
8 amendatory Act of 1993 and annually thereafter, the
9 Department shall provide to the Department of Financial
10 Institutions a list of individuals or entities that, for the
11 most recently completed calendar year, report to the
12 Department as paying wages to workers. The lists shall be
13 deemed confidential and may not be disclosed to any other
14 person.
15 Q. The Director shall make available to an elected
16 federal official the name and address of an individual or
17 entity that is located within the jurisdiction from which the
18 official was elected and that, for the most recently
19 completed calendar year, has reported to the Department as
20 paying wages to workers, where the information will be used
21 in connection with the official duties of the official and
22 the official requests the information in writing, specifying
23 the purposes for which it will be used. For purposes of this
24 subsection, the use of information in connection with the
25 official duties of an official does not include use of the
26 information in connection with the solicitation of
27 contributions or expenditures, in money or in kind, to or on
28 behalf of a candidate for public or political office or a
29 political party or with respect to a public question, as
30 defined in Section 1-3 of the Election Code, or in connection
31 with any commercial solicitation. Any elected federal
32 official who, in submitting a request for information covered
33 by this subsection, knowingly makes a false statement or
34 fails to disclose a material fact, with the intent to obtain
-1443- LRB9000999EGfgam01
1 the information for a purpose not authorized by this
2 subsection, shall be guilty of a Class B misdemeanor.
3 R. The Director may provide to any State or local child
4 support agency, upon request and on a reimbursable basis,
5 information that might be useful in locating an absent parent
6 or that parent's employer, establishing paternity, or
7 establishing, modifying, or enforcing child support orders.
8 (Source: P.A. 89-446, eff. 2-8-96; 89-493, eff. 1-1-97;
9 90-425, eff. 8-15-97; 90-488, eff. 8-17-97; revised
10 11-14-97.)
11 Section 996. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 997. No revival or extension. This Act does not
19 revive or extend any Section or Act otherwise repealed.
20 Section 999. Effective date. This Act takes effect July
21 1, 1998.".
-1444- LRB9000999EGfgam01
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
-1445- LRB9000999EGfgam01
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
-1446- LRB9000999EGfgam01
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
-1447- LRB9000999EGfgam01
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
-1448- LRB9000999EGfgam01
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
-1449- LRB9000999EGfgam01
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
-1450- LRB9000999EGfgam01
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
-1451- LRB9000999EGfgam01
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
-1452- LRB9000999EGfgam01
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
-1453- LRB9000999EGfgam01
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
-1454- LRB9000999EGfgam01
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
-1455- LRB9000999EGfgam01
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
-1456- LRB9000999EGfgam01
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
-1457- LRB9000999EGfgam01
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
-1458- LRB9000999EGfgam01
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