Public Act 90-0014 of the 90th General Assembly
Public Act 90-0014
HB1269 Enrolled LRB9001000EGfg
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
GENERAL PROVISIONS
Section 1-1. This Act may be cited as the First 1997
General Revisory Act.
Section 1-2. This Act is not intended to make any
substantive change in the law. It reconciles conflicts that
have arisen from multiple amendments and enactments and makes
technical corrections and revisions in the law.
In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that
Section. The text of the Section included in this Act is
intended to include the different versions of the Section
found in the Public Acts included in the list of sources, but
may not include other versions of the Section to be found in
Public Acts not included in the list of sources. The list of
sources is not a part of the text of the Section.
Section 1-3. This Act is divided into the following
Articles:
ARTICLE 1. General Provisions.
ARTICLE 2. Combining Revisories.
ARTICLE 3. Technical Corrections.
ARTICLE 4. Effective Date and Nonacceleration.
ARTICLE 2
COMBINING REVISORIES
Section 2-1. This Article revises and, where appropriate,
renumbers certain Sections that have been added or amended by
more than one Public Act. This Article also corrects errors,
revises cross-references, and deletes obsolete text in those
Sections. Public Acts 89-443 through 89-707 were considered
in the preparation of this Article.
(5 ILCS 80/4.8a rep.)
Section 2-5. The Regulatory Agency Sunset Act is amended
by repealing Section 4.8a.
Section 2-10. The Regulatory Agency Sunset Act is
amended by changing Section 4.9 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
revised 2-7-97.)
Section 2-15. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" or "Governing Board" means either the
Illinois State Labor Relations Board or the Illinois Local
Labor Relations Board.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists and acts in
a confidential capacity to persons who formulate, determine,
and effectuate management policies with regard to labor
relations or who, in the regular course of his or her duties,
has authorized access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority
of public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, or (iii)
after July 1, 1984 (the effective date of this Act)
recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the employees in an
appropriate bargaining unit.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers
or fire fighters in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before January 1, 1986
(the effective date of this amendatory Act of 1985) as the
exclusive representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or (iii)
after January 1, 1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a majority of
the peace officers or fire fighters in an appropriate
bargaining unit.
(g) "Fair share agreement" means an agreement between
the employer and an employee organization under which all or
any of the employees in a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call
fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district
who are not routinely expected to perform fire fighter
duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes but is
not limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services and any legislative support
services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State,
the State Labor Relations Board, the Director of the
Department of Central Management Services, and the Director
of the Department of Labor; the county board in the case of a
county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit
of government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a police force, department, or agency and sworn or
commissioned to perform police duties, except that the
following persons are not included: part-time police
officers, special police officers, auxiliary police as
defined by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties Code, temporary
employees, traffic guards or wardens, civilian parking meter
and parking facilities personnel or other individuals
specially appointed to aid or direct traffic at or near
schools or public functions or to aid in civil defense or
disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who
are not routinely expected to effect arrests, parking lot
attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely
expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged
in work predominantly intellectual and varied in character
rather than routine mental, manual, mechanical or physical
work; involving the consistent exercise of discretion and
adjustment in its performance; of such a character that the
output produced or the result accomplished cannot be
standardized in relation to a given period of time; and
requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an
institution of higher learning or a hospital, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or any employee who
has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and
is performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals, but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; employees of any agency, board or commission
created by this Act; employees appointed to State positions
of a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state
university; managerial employees; short-term employees;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000
inhabitants shall be excluded from this Act.
(o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of
local government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or
other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. "Public employer" or "employer" as used in this
Act, however, does not mean and shall not include the General
Assembly of the State of Illinois and educational employers
or employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers. County
boards and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection
(o) shall be construed to prevent the State Board or the
Local Board from determining that employers are joint or
co-employers.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the
majority of employees being responsible for the supervision
and control of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less that 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine
or clerical nature, but requires the consistent use of
independent judgment. Except with respect to police
employment, the term "supervisor" includes only those
individuals who devote a preponderance of their employment
time to exercising that authority, State supervisors
notwithstanding. In addition, in determining supervisory
status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit
inclusion or exclusion, the common law enforcement policies
and relationships between police officer ranks and
certification under applicable civil service law, ordinances,
personnel codes, or Division 2.1 of Article 10 of the
Illinois Municipal Code, but these factors shall not be the
sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9 of
this Act. Further, in new fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company officer otherwise qualifies as a
supervisor under the preceding paragraph, however, he or she
shall not be included in the fire fighter unit. If there is
no rank between that of chief and the highest company
officer, the employer may designate a position on each shift
as a Shift Commander, and the persons occupying those
positions shall be supervisors. All other ranks above that
of company officer shall be supervisors.
(s) (1) "Unit" means a class of jobs or positions that
are held by employees whose collective interests may suitably
be represented by a labor organization for collective
bargaining. Except with respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both employees and
supervisors, or supervisors only, except as provided in
paragraph (2) of this subsection (s) and except for
bargaining units in existence on July 1, 1984 (the effective
date of this Act). With respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both supervisors
and nonsupervisors, or supervisors only, except as provided
in paragraph (2) of this subsection (s) and except for
bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor
organization or labor organizations involved.
Notwithstanding any other provision of this Act, a bargaining
unit, including a historical bargaining unit, containing
sworn peace officers of the Department of Natural Resources
(formerly designated the Department of Conservation) shall
contain no employees other than such sworn peace officers
upon the effective date of this amendatory Act of 1990 or
upon the expiration date of any collective bargaining
agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace
officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may
bargain with those units. This Act shall apply if the public
employer chooses to bargain under this subsection.
(Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
6-1-97; revised 1-14-97.)
Section 2-20. The State Employees Group Insurance Act of
1971 is amended by changing Section 3 and by setting forth,
amending, and renumbering multiple versions of Section 6.7 as
follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of
claims which is fully qualified, financially sound and
capable of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or
has retired, on or after January 1, 1966 on an immediate
annuity under the provisions of Articles 2, 14, 15 (including
an employee who has retired and is receiving a retirement
annuity under an optional program established under Section
15-158.2 and who would also be eligible for a retirement
annuity had that person been a participant in the State
University Retirement System), paragraphs (b) or (c) of
Section 16-106, or Article 18 of the Illinois Pension Code;
(2) any person who was receiving group insurance coverage
under this Act as of March 31, 1978 by reason of his status
as an annuitant, even though the annuity in relation to which
such coverage was provided is a proportional annuity based on
less than the minimum period of service required for a
retirement annuity in the system involved; (3) any person not
otherwise covered by this Act who has retired as a
participating member under Article 2 of the Illinois Pension
Code but is ineligible for the retirement annuity under
Section 2-119 of the Illinois Pension Code; (4) the spouse of
any person who is receiving a retirement annuity under
Article 18 of the Illinois Pension Code and who is covered
under a group health insurance program sponsored by a
governmental employer other than the State of Illinois and
who has irrevocably elected to waive his or her coverage
under this Act and to have his or her spouse considered as
the "annuitant" under this Act and not as a "dependent"; or
(5) an employee who retires, or has retired, from a qualified
position, as determined according to rules promulgated by the
Director, under a qualified local government or a qualified
rehabilitation facility or a qualified domestic violence
shelter or service. (For definition of "retired employee",
see (p) post).
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which is
authorized to do group life or group health insurance
business in Illinois, or (2) the State of Illinois as a
self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held
by the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
an optional program established under Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after January
1, 1966, or benefits payable under the Workers' Compensation
or Occupational Diseases Act or benefits payable under a sick
pay plan established in accordance with Section 36 of the
State Finance Act. "Compensation" also means salary or wages
paid to an employee of any qualified local government or
qualified rehabilitation facility or a qualified domestic
violence shelter or service.
(e) "Commission" means the State Employees Group
Insurance Advisory Commission authorized by this Act.
Commencing July 1, 1984, "Commission" as used in this Act
means the Illinois Economic and Fiscal Commission as
established by the Legislative Commission Reorganization Act
of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected
by the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution,
board, commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the Illinois Pension Code. "Department"
also includes the Illinois Comprehensive Health Insurance
Board and the Illinois Rural Bond Bank.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing of a petition for adoption until entry of an order of
adoption, a stepchild or recognized child who lives with the
member in a parent-child relationship, or a child who lives
with the member if such member is a court appointed guardian
of the child, or (2) age 19 to 23 enrolled as a full-time
student in any accredited school, financially dependent upon
the member, and eligible as a dependent for Illinois State
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped as defined in the Illinois Insurance
Code. For the health plan only, the term "dependent" also
includes any person enrolled prior to the effective date of
this Section who is dependent upon the member to the extent
that the member may claim such person as a dependent for
Illinois State income tax deduction purposes; no other such
person may be enrolled.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a
member has to elect enrollment in programs or to select
benefits without regard to age, sex or health.
(k) "Employee" means and includes each officer or
employee in the service of a department who (1) receives his
compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a
department or on a warrant or check issued and drawn by a
department upon a trust, federal or other fund or on a
warrant issued pursuant to a payroll certified by an elected
or duly appointed officer of the State or who receives
payment of the performance of personal services on a warrant
issued pursuant to a payroll certified by a Department and
drawn by the Comptroller upon the State Treasurer against
appropriations made by the General Assembly from any fund or
against trust funds held by the State Treasurer, and (2) is
employed full-time or part-time in a position normally
requiring actual performance of duty during not less than 1/2
of a normal work period, as established by the Director in
cooperation with each department, except that persons elected
by popular vote will be considered employees during the
entire term for which they are elected regardless of hours
devoted to the service of the State, and (3) except that
"employee" does not include any person who is not eligible by
reason of such person's employment to participate in one of
the State retirement systems under Articles 2, 14, 15 (either
the regular Article 15 system or an optional program
established under Section 15-158.2) or 18, or under paragraph
(b) or (c) of Section 16-106, of the Illinois Pension Code,
but such term does include persons who are employed during
the 6 month qualifying period under Article 14 of the
Illinois Pension Code. Such term also includes any person
who (1) after January 1, 1966, is receiving ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
an optional program established under Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after January
1, 1966, (2) receives total permanent or total temporary
disability under the Workers' Compensation Act or
Occupational Disease Act as a result of injuries sustained or
illness contracted in the course of employment with the State
of Illinois, or (3) is not otherwise covered under this Act
and has retired as a participating member under Article 2 of
the Illinois Pension Code but is ineligible for the
retirement annuity under Section 2-119 of the Illinois
Pension Code. However, a person who satisfies the criteria
of the foregoing definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code is
also an "employee" for the purposes of this Act. "Employee"
also includes any person receiving or eligible for benefits
under a sick pay plan established in accordance with Section
36 of the State Finance Act. "Employee" also includes each
officer or employee in the service of a qualified local
government, including persons appointed as trustees of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a qualified rehabilitation facility and each full-time
employee in the service of a qualified domestic violence
shelter or service, as determined according to rules
promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor.
(m) "Optional coverages or benefits" means those
coverages or benefits available to the member on his or her
voluntary election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a self-insured health insurance
program offered by the State of Illinois for the purposes of
benefiting employees by means of providing, among others,
wellness programs, utilization reviews, second opinions and
medical fee reviews, as well as for paying for hospital and
medical care up to the maximum coverage provided by the plan,
to its members and their dependents.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact
that such person retired prior to January 1, 1966. Such term
also includes any person formerly employed by the University
of Illinois in the Cooperative Extension Service who would be
an annuitant but for the fact that such person was made
ineligible to participate in the State Universities
Retirement System by clause (4) of the first paragraph of
Section 15-107 of the Illinois Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code; and
(2) the surviving dependent of any person formerly employed
by the University of Illinois in the Cooperative Extension
Service who would be an annuitant except for the fact that
such person was made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code.
(r) "Medical services" means the services provided
within the scope of their licenses by practitioners in all
categories licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district, special district or
other unit, designated as a unit of local government by law,
which exercises limited governmental powers or powers in
respect to limited governmental subjects, any not-for-profit
association with a membership that primarily includes
townships and township officials, that has duties that
include provision of research service, dissemination of
information, and other acts for the purpose of improving
township government, and that is funded wholly or partly in
accordance with Section 85-15 of the Township Code; any
not-for-profit corporation or association, with a membership
consisting primarily of municipalities, that operates its own
utility system, and provides research, training,
dissemination of information, or other acts to promote
cooperation between and among municipalities that provide
utility services and for the advancement of the goals and
purposes of its membership; and the Illinois Association of
Park Districts. "Qualified local government" means a unit of
local government approved by the Director and participating
in a program created under subsection (i) of Section 10 of
this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) to provide services to persons with
disabilities and which receives funds from the State of
Illinois for providing those services, approved by the
Director and participating in a program created under
subsection (j) of Section 10 of this Act.
(u) "Qualified domestic violence shelter or service"
means any Illinois domestic violence shelter or service and
its administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code;
and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years
of creditable service under Article 16 of the Illinois
Pension Code or was enrolled in the health insurance
program offered under that Article on the effective date
of this amendatory Act of 1995, or (iv) is a recipient or
survivor of a recipient of a disability benefit under
Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
unmarried natural or adopted child who is (i) under age
19, or (ii) enrolled as a full-time student in an
accredited school, financially dependent upon the TRS
benefit recipient, eligible as a dependent for Illinois
State income tax purposes, and either is under age 24 or
was, on January 1, 1996, participating as a dependent
beneficiary in the health insurance program offered under
Article 16 of the Illinois Pension Code, or (iii) age 19
or over who is mentally or physically handicapped as
defined in the Illinois Insurance Code.
(x) "Military leave with pay and benefits" refers to
individuals in basic training for reserves, special/advanced
training, annual training, emergency call up, or activation
by the President of the United States with approved pay and
benefits.
(y) "Military leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces or other duty not specified or
authorized under military leave with pay and benefits.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
(5 ILCS 375/6.7)
Sec. 6.7. Woman's health care provider. The program of
health benefits is subject to the provisions of Section 356r
of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(5 ILCS 375/6.8)
Sec. 6.8. 6.7. Post-parturition care. The program of
health benefits shall provide the post-parturition care
benefits required to be covered by a policy of accident and
health insurance under Section 356s 356r of the Illinois
Insurance Code.
(Source: P.A. 89-513, eff. 7-17-96; revised 7-24-96.)
Section 2-25. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 1-10 as
follows:
(20 ILCS 301/1-10)
Sec. 1-10. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the following meanings:
"Act" means the Alcoholism and Other Drug Abuse and
Dependency Act.
"Addict" means a person who exhibits the disease known as
"addiction".
"Addiction" means a disease process characterized by the
continued use of a specific psycho-active substance despite
physical, psychological or social harm. The term also
describes the advanced stages of chemical dependency.
"Administrator" means a person responsible for
administration of a program.
"Alcoholic" means a person who exhibits the disease known
as "alcoholism".
"Alcoholism" means a chronic and progressive disease or
illness characterized by preoccupation with and loss of
control over the consumption of alcohol, and the use of
alcohol despite adverse consequences. Typically,
combinations of the following tendencies are also present:
periodic or chronic intoxication; physical disability;
impaired emotional, occupational or social adjustment;
tendency toward relapse; a detrimental effect on the
individual, his family and society; psychological dependence;
and physical dependence. Alcoholism is also known as
addiction to alcohol. Alcoholism is described and further
categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals,
families and communities in response to alcohol or other drug
abuse or dependency. The array of services includes, but is
not limited to: prevention assistance for communities and
schools; case finding, assessment and intervention to help
individuals stop abusing alcohol or other drugs; case
management; detoxification to aid individuals in physically
withdrawing from alcohol or other drugs; short-term and
long-term treatment and support services to help individuals
and family members begin the process of recovery;
prescription and dispensing of the drug methadone or other
medications as an adjunct to treatment; relapse prevention
services; education and counseling for children or other
co-dependents of alcoholics or other drug abusers or addicts.
"Case management" means those services which will assist
individuals in gaining access to needed social, educational,
medical, treatment and other services.
"Children of alcoholics or drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs. These children may or may not become dependent
upon alcohol or other drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness. Children of alcoholics and other
drug abusers experience emotional and other problems, and
benefit from prevention and treatment services provided by
funded and non-funded agencies licensed by the Department.
"Co-dependents" means individuals who are involved in the
lives of and are affected by people who are dependent upon
alcohol and other drugs. Co-dependents compulsively engage
in behaviors that cause them to suffer adverse physical,
emotional, familial, social, behavioral, vocational, and
legal consequences as they attempt to cope with the alcohol
or drug dependent person. People who become co-dependents
include spouses, parents, siblings, and friends of alcohol or
drug dependent people. Co-dependents benefit from prevention
and treatment services provided by agencies licensed by the
Department.
"Controlled substance" means any substance or immediate
precursor which is enumerated in the schedules of Article II
of the Illinois Controlled Substances Act or the Cannabis
Control Act.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, armed robbery, arson, kidnapping,
aggravated battery, aggravated arson, or any other felony
which involves the use or threat of physical force or
violence against another individual.
"Department" means the Illinois Department of Human
Services as successor to the former Department of Alcoholism
and Substance Abuse.
"Designated program" means a program designated by the
Department to provide services described in subsection (c) or
(d) of Section 15-10 of this Act. A designated program's
primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system,
and the program agrees to apply statewide the standards,
uniform criteria and procedures established by the Department
pursuant to such designation.
"Detoxification" means the process of allowing an
individual to safely withdraw from a drug in a controlled
environment.
"DSM" means the most current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or
other substances which may cause impairment of driving
ability.
"Facility" means the building or premises which are used
for the provision of licensable program services, including
support services, as set forth by rule.
"ICD" means the most current edition of the International
Classification of Diseases.
"Incapacitated" means that a person is unconscious or
otherwise exhibits, by overt behavior or by extreme physical
debilitation, an inability to care for his own needs or to
recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise
relative to addiction, alcoholism, and the abuse of alcohol
or other drugs who may be called on to assist the police in
carrying out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which
assist individuals and their partners or family members in
coping with the immediate problems of alcohol and other drug
abuse or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate emotional and social
stability, and involves referring people for further
treatment as needed.
"Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the
body.
"Local advisory council" means an alcohol and substance
abuse body established in a county, township or community
area, which represents public and private entities having an
interest in the prevention and treatment of alcoholism or
other drug abuse.
"Off-site services" means licensable program services or
activities which are conducted at a location separate from
the primary service location of the provider, and which
services are operated by a program or entity licensed under
this Act.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations to reduce
alcoholism, prevent the use of illegal drugs and the abuse of
legal drugs by persons of all ages, prevent the use of
alcohol by minors, build the capacities of individuals and
systems, and promote healthy environments, lifestyles and
behaviors.
"Program" means a licensable or fundable activity or
service, or a coordinated range of such activities or
services, as the Department may establish by rule.
"Recovery" means the long-term, often life-long, process
in which an addicted person changes the way in which he makes
decisions and establishes personal and life priorities. The
evolution of this decision-making and priority-setting
process is generally manifested by an obvious improvement in
the individual's life and lifestyle and by his overcoming the
abuse of or dependence on alcohol or other drugs. Recovery
is also generally manifested by prolonged periods of
abstinence from addictive chemicals which are not medically
supervised. Recovery is the goal of treatment.
"Rehabilitation" means a process whereby those clinical
services necessary and appropriate for improving an
individual's life and lifestyle and for overcoming his or her
abuse of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
"Relapse" means a process which is manifested by a
progressive pattern of behavior that reactivates the symptoms
of a disease or creates debilitating conditions in an
individual who has experienced remission from addiction or
alcoholism.
"Secretary" means the Secretary of Human Services or his
or her designee.
"Substance abuse" or "abuse" means a pattern of use of
alcohol or other drugs with the potential of leading to
immediate functional problems or to alcoholism or other drug
dependency, or to the use of alcohol and/or other drugs
solely for purposes of intoxication. The term also means the
use of illegal drugs by persons of any age, and the use of
alcohol by persons under the age of 21.
"Treatment" means the broad range of emergency,
outpatient, intermediate and residential services and care
(including assessment, diagnosis, medical, psychiatric,
psychological and social services, care and counseling, and
aftercare) which may be extended to individuals who abuse or
are dependent on alcohol or other drugs or families of those
persons.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
9-10-96.)
Section 2-30. The Children and Family Services Act is
amended by changing Section 18a-13 as follows:
(20 ILCS 505/18a-13) (from Ch. 23, par. 5018a-13)
(Section scheduled to be repealed on December 31, 1997)
Sec. 18a-13. Interagency Authority on Residential
Facilities for Children.
(a) There is hereby created the Interagency Authority on
Residential Facilities for Children.
(b) The Authority shall be composed of the Secretary of
Human Services (or his or her designee) and 2 additional
representatives of the Department of Human Services
designated by the Secretary; plus the Directors, or their
designees, of the following State agencies:
(1) Department of Children and Family Services,
(2) Department of Corrections,
(3) Illinois State Board of Education,
(4) Department of Public Aid, and
(5) Residential Services Authority;
plus 5 people appointed by the Governor from State and
community public and private providers and funders. These 5
people shall be experienced and knowledgeable concerning
out-of-home placement options for children. No more than 2
of the appointees can be from the public sector. Members of
the Authority shall serve without compensation. No monies
shall be appropriated for the purpose of providing operating
expenses for the Authority. The Department of Human Services
and the other departments listed in this subsection (b) shall
provide staffing and support costs.
(c) The Chairperson of the Authority shall be the
Director of Children and Family Services or his designee.
The first meeting of the Authority shall be within 30 days of
the effective date of this amendatory Act of 1991. At the
first meeting the Authority shall elect a vice-chairperson
from its membership.
(d) The Authority shall have the responsibility for
developing a long-term plan for providing adequate
residential facilities for the care of children who cannot be
served in their own homes and whose needs cannot be met by
foster family home services or other similar substitute care
arrangements. The Authority shall examine, among other
items, the feasibility of increasing the capacity or number
of residential care facilities in the State consistent with
the principles that services in the home and community and
the least restrictive alternatives guide the State service
system for children. If it is determined that there should
be an increase in the number of residential facilities,
campus type settings shall be considered.
(e) The Authority also has the responsibility for the
following:
(1) The annual collection of information from State
agencies in regard to the number of children placed in
out-of-State settings, including placements made by local
school districts that are reimbursed pursuant to the
School Code.
(2) Reporting on an annual basis the cost of all
out-of-State placements of children made by State
agencies or local school districts.
(3) Reviewing the current rate structures for
payment of services for in-State and out-of-State
residential placements of children and recommending
appropriate incentives that would encourage the
development of necessary in-State services.
(4) Promoting the establishment of State
inter-agency pilot programs which provide for a continuum
of placements, including short-term local residential
placements and other alternatives to out-of-State
placements.
(f) The Authority shall present a proposal to the
Governor, the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House and the Minority Leader
of the House within one year of its first meeting.
(g) This Section is repealed effective December 31,
1997. The changes made to this Section by this amendatory Act
of 1996 are not intended to revive this Section in the event
of its repeal.
(Source P.A. 88-487; 88-597, eff. 8-28-94; 89-21, eff.
7-1-95; 89-507, eff. 7-1-97; 89-648, eff. 8-9-96; revised
9-12-96)
Section 2-35. The Department of Natural Resources Act is
amended by setting forth and renumbering multiple versions of
Section 5-10 as follows:
(20 ILCS 801/5-10)
Sec. 5-10. Additional powers. With respect to the water
resources of the State, the Office of Water Resources shall
have the following powers:
(a) To study and investigate ways and means by which the
various water uses may be coordinated to the end that the
water resources of the State be put to their maximum
beneficial use and, in connection therewith, to request any
department or agency of the State to make surveys, studies,
investigations, prepare plans, reports and furnish such data
and information as may be necessary.
(b) To coordinate, determine and provide ways and means
for the equitable reconciliation and adjustment of the
various conflicting claims and rights to water by users or
uses.
(c) To recommend legislation for the most feasible
method or methods of conserving water resources and putting
them to the maximum possible use, taking into account the
problems of navigation, flood control, river flow control and
stabilization, reclamation, drainage and recapture, and
further utilization of water after use for any purpose,
domestic and industrial use, irrigation of land, municipal
use, development of electric energy, public health,
recreational, fish and game life, and other beneficial use.
(d) To undertake regulatory flood hazard mapping within
this State.
(e) To inspect and prescribe standards of repair,
maintenance and improvement of the facilities and properties
of the Metro-East Sanitary District.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 801/15-10)
Sec. 15-10. 5-10. Board of Natural Resources and
Conservation.
(a) Within the Department there shall be a Board of
Natural Resources and Conservation, composed of 8 persons.
The Board shall be composed of the Director of Natural
Resources (or the Director's designee), who shall be
chairman; the president of the University of Illinois, or his
or her representative; the president of Southern Illinois
University, or his or her representative; and one appointed
expert each in animal biology, geology, engineering,
chemistry, and plant biology, qualified by at least 10 years
of experience in practicing or teaching their several
professions. Appointed members of the Board shall be
appointed by the Governor, with the advice and consent of the
Senate.
The transfer of the Board to the Department under this
Act does not terminate or otherwise affect the term of
membership of any member of the Board, except for the change
in chairman.
(b) The Board, acting through 5 or more subcommittees,
each of which shall be composed of the Director of Natural
Resources, the president of the University of Illinois or his
representative, the president of Southern Illinois University
or his representative, and the expert advisor specially
qualified in the field of investigation, shall:
(1) consider and decide matters pertaining to
natural history, geology, water and atmospheric
resources, forestry, and allied research, investigation,
and scientific work;
(2) select and appoint, without reference to the
State civil service law, members of the scientific staff,
prosecuting such research, investigation, and scientific
work;
(3) cooperate with the University of Illinois in
the use of scientific staff and equipment; and
(4) cooperate with the various departments of State
government in research, investigation, and scientific
work useful in the prosecution of the work of any
department.
(Source: P.A. 89-445, eff. 2-7-96; revised 3-7-96.)
Section 2-40. The Civil Administrative Code of Illinois
is amended by changing Section 71 as follows:
(20 ILCS 2005/71) (from Ch. 127, par. 63b17)
Sec. 71. A. The Department of Nuclear Safety shall
exercise, administer and enforce all rights, powers and
duties vested in the Department of Public Health by the
following named Acts or Sections thereof:
1. The Radiation Installation Act.
2. The Radiation Protection Act of 1990.
3. The Radioactive Waste Storage Act.
4. The Personnel Radiation Monitoring Act.
5. The Laser System Act.
6. The Illinois Nuclear Safety Preparedness Act.
B. All the rights, powers and duties vested in the
Director of Public Health by "An Act to create the Illinois
Commission on Atomic Energy, defining the powers and duties
of the Commission, and making an appropriation therefor",
effective September 10, 1971, as amended, are transferred to
the Director of Nuclear Safety. The Director of Nuclear
Safety, after the effective date this amendatory Act of 1980,
shall serve as an ex officio member of the Illinois
Commission on Atomic Energy in the place and stead of the
Director of Public Health.
C. The Department of Nuclear Safety shall exercise,
administer and enforce all rights, powers and duties:
1. Vested in the Office of the State Fire Marshal
by the Boiler and Pressure Vessel Safety Act, to the
extent the rights, powers, and duties relate to nuclear
steam-generating facilities.
2. As relating to nuclear steam-generating
facilities, vested in the Board of Boiler and Pressure
Vessel Rules by the Boiler and Pressure Vessel Safety
Act, which includes but are not limited to the
formulation of definitions, rules and regulations for the
safe and proper construction, installation, repair, use,
and operation of nuclear steam-generating facilities, the
adoption of rules for already installed nuclear
steam-generating facilities, the adoption of rules for
accidents in nuclear steam-generating facilities, the
examination for or suspension of inspectors' licenses of
the facilities and the hearing of appeals from decisions
relating to the facilities.
3. As relating to nuclear steam-generating
facilities, vested in the State Fire Marshal or the Chief
Inspector by the Boiler and Pressure Vessel Safety Act,
which include but are not limited to the employment of
inspectors of nuclear steam-generating facilities,
issuance or suspension of their commissions, prosecution
of the Act or rules promulgated thereunder for violations
by nuclear steam-generating facilities, maintenance of
inspection records of all the facilities, publication of
rules relating to the facilities, having free access to
the facilities, issuance of inspection certificates of
the facilities and the furnishing of bonds conditioned
upon the faithful performance of their duties. The
Director of Nuclear Safety may designate a Chief
Inspector, or other inspectors, as he deems necessary to
perform the functions transferred by this subsection C.
The transfer of rights, powers, and duties specified in
the immediately preceding paragraphs 1, 2, and 3 is limited
to the program transferred by this amendatory Act of 1980 and
shall not be deemed to abolish or diminish the exercise of
those same rights, powers, and duties by the Office of the
State Fire Marshal, the Board of Boiler and Pressure Vessel
Rules, the State Fire Marshal, or the Chief Inspector with
respect to programs retained by the Office of the State Fire
Marshal.
D. The Department of Nuclear Safety shall exercise,
administer, and enforce all rights, powers and duties vested
in the Environmental Protection Agency by paragraphs a, b, c,
d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
and Sections 30-45 inclusive of the Environmental Protection
Act, to the extent that these powers relate to standards of
the Pollution Control Board adopted under subsection K of
this Section. The transfer of rights, powers, and duties
specified in this paragraph is limited to the program
transferred by this amendatory Act of 1980 and shall not be
deemed to abolish or diminish the exercise of those same
rights, powers, and duties by the Environmental Protection
Agency with respect to programs retained by the Environmental
Protection Agency.
E. The Department of Nuclear Safety, in lieu of the
Department of Public Health, shall register, license,
inspect, and control radiation sources and shall purchase,
lease, accept, or acquire lands, buildings and grounds where
radioactive wastes can be disposed, and to supervise and
regulate the operation of the disposal sites.
F. The Department of Nuclear Safety shall have primary
responsibility to formulate a comprehensive emergency
preparedness and response plan for any nuclear accident, and
shall develop such a plan in cooperation with the Illinois
Emergency Management Agency. The Department of Nuclear Safety
shall also train and maintain an emergency response team.
G. The Department of Nuclear Safety shall formulate a
comprehensive plan regarding the transportation of nuclear
and radioactive materials in Illinois. The Department shall
have primary responsibility for all State governmental
regulation of the transportation of nuclear and radioactive
materials, insofar as the regulation pertains to the public
health and safety. This responsibility shall include but not
be limited to the authority to oversee and coordinate
regulatory functions performed by the Department of
Transportation, the Department of State Police, and the
Illinois Commerce Commission.
H. The Department of Nuclear Safety shall formulate a
comprehensive plan regarding disposal of nuclear and
radioactive materials in this State. The Department shall
establish minimum standards for disposal sites, shall
evaluate and publicize potential effects on the public health
and safety, and shall report to the Governor and General
Assembly all violations of the adopted standards. In
carrying out this function, the Department of Nuclear Safety
shall work in cooperation with the Illinois Commission on
Atomic Energy and the Radiation Protection Advisory Council.
I. The Department of Nuclear Safety, in cooperation with
the Department of Natural Resources, shall study (a) the
impact and cost of nuclear power and compare these to the
impact and cost of alternative sources of energy, (b) the
potential effects on the public health and safety of all
radioactive emissions from nuclear power plants, and (c) all
other factors that bear on the use of nuclear power or on
nuclear safety. The Department shall formulate a general
nuclear policy for the State based on the findings of the
study. The policy shall include but not be limited to the
feasibility of continued use of nuclear power, effects of the
use of nuclear power on the public health and safety, minimum
acceptable standards for the location of any future nuclear
power plants, and rules and regulations for the reporting by
public utilities of radioactive emissions from power plants.
The Department shall establish a reliable system for
communication between the public and the Department and for
dissemination of information by the Department. The
Department shall publicize the findings of all studies and
make the publications reasonably available to the public.
J. The Department of Nuclear Safety shall have primary
responsibility for the coordination and oversight of all
State governmental functions concerning the regulation of
nuclear power, including low level waste management,
environmental monitoring, and transportation of nuclear
waste. Functions performed on the effective date of this
amendatory Act of 1980 by the Department of State Police,
Department of Transportation, and the Illinois Emergency
Management Agency in the area of nuclear safety may continue
to be performed by these agencies but under the direction of
the Department of Nuclear Safety. All other governmental
functions regulating nuclear safety shall be coordinated by
Department of Nuclear Safety.
K. The Department of Nuclear Safety shall enforce the
regulations promulgated by the Pollution Control Board under
Section 25b of the Environmental Protection Act. Under these
regulations the Department shall require that a person,
corporation, or public authority intending to construct a
nuclear steam-generating facility or a nuclear fuel
reprocessing plant file with the Department an environmental
feasibility report that incorporates the data provided in the
preliminary safety analysis required to be filed with the
United States Nuclear Regulatory Commission.
L. Personnel previously assigned to the programs
transferred from the Department of Public Health and the
Office of the State Fire Marshal are hereby transferred to
the Department of Nuclear Safety. The rights of the
employees, the State, and executive agencies under the
Personnel Code or any collective bargaining agreement, or
under any pension, retirement, or annuity plan shall not be
affected by this amendatory Act of 1980.
M. All books, records, papers, documents, property (real
or personal), unexpended appropriations and pending business
in any way pertaining to the rights, powers, and duties
transferred by this amendatory Act of 1980 shall be delivered
and transferred to the Department of Nuclear Safety.
N. All files, records, and data gathered by or under the
direction or authority of the Director under this Act shall
be made available to the Department of Public Health under
the Illinois Health and Hazardous Substances Registry Act.
O. The Department shall not issue or renew to any
individual any accreditation, certification, or registration
(but excluding registration under the Radiation Installation
Act) otherwise issued by the Department if the individual has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission; however, the Department may
issue or renew an accreditation, certification, or
registration if the individual has established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission. Additionally, any accreditation,
certification, or registration issued by the Department (but
excluding registration under the Radiation Installation Act)
may be suspended or revoked if the Department, after the
opportunity for a hearing under the appropriate
accreditation, certification, or registration Act, finds that
the holder has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted loan. For purposes of this Section, "satisfactory
repayment record" shall be defined by rule.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
revised 3-11-96.)
Section 2-45. The Civil Administrative Code of Illinois
is amended by setting forth and renumbering multiple versions
of Section 60.2 as follows:
(20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
Sec. 60.2. Annual report. The Department of
Professional Regulation shall prepare and file with the
General Assembly during the second week of January in each
calendar year a written report setting forth with respect to
each professional, trade, or occupational school that is
regulated by the Department and that may not lawfully be
operated without a certificate of registration issued by the
Department:
(1) The number of written or verified complaints, by
license category, made or filed with the Department during
the immediately preceding calendar year alleging the
violation of any licensing Act administered by the
Department.
(2) The name and address of each such school with
respect to which or with respect to a representative of which
the Department, during the immediately preceding calendar
year, refused to issue or renew a certificate of registration
required for lawful operation of the school and the reasons
for that refusal.
(3) The name and address of each such school with
respect to which or with respect to a representative of which
the certificate of registration required for lawful
operation of the school was suspended, revoked, placed on
probation, reprimanded, or otherwise disciplined during the
immediately preceding calendar year and the reasons for that
discipline.
(4) The name and location of each such school at which
the Department made any on site inspection at any time during
the immediately preceding calendar year and the date or dates
on which each such on site visit was made at that school.
(Source: P.A. 87-1008.)
(20 ILCS 2105/60.3)
Sec. 60.3. 60.2. Publication of disciplinary actions.
The Department shall publish, at least monthly, final
disciplinary actions taken by the Department against a
licensee or applicant pursuant to the Medical Practice Act of
1987. The specific disciplinary action and the name of the
applicant or licensee shall be listed. This publication
shall be made available to the public upon request and
payment of the fees set by the Department. This publication
may be made available to the public on the Internet through
the State of Illinois World Wide Web site.
(Source: P.A. 89-702, eff. 7-1-97; revised 1-29-97.)
Section 2-50. The Illinois Development Finance Authority
Act is amended by renumbering Sections 7-84, 7-85, and 7-86
as follows:
(20 ILCS 3505/7.84) (from Ch. 48, par. 850.07z24)
Sec. 7.84. 7-84. Additional security. In the event that
the Authority determines that funds pledged, intercepted or
otherwise received or to be received by the Authority under
Section 7.83 of this Act will not be sufficient for the
payment of the principal, premium, if any, and interest
during the next State fiscal year on any bonds issued by the
Authority under Sections 7.80 through 7.87, the Chairman, as
soon as is practicable, shall certify to the Governor the
amount required by the Authority to enable it to pay the
principal, premium, if any, and interest falling due on such
bonds. The Governor shall submit the amount so certified to
the General Assembly as soon as practicable, but no later
than the end of the current State fiscal year. This
paragraph shall not apply to any bonds as to which the
Authority shall have determined, in the resolution
authorizing their issuance, that this paragraph shall not
apply. Whenever the Authority makes such a determination,
that fact shall be plainly stated on the face of such bonds
and that fact shall also be reported to the Governor.
In the event of a withdrawal of moneys from a debt
service reserve fund established with respect to any issue or
issues of bonds of the Authority to pay principal and
interest on those bonds, the Chairman, as soon as is
practicable, shall certify to the Governor the amount
required to restore such reserve fund to the level required
in the resolution or indenture securing the bonds. The
Governor shall submit the amount so certified to the General
Assembly as soon as practicable, but not later than the end
of the current State fiscal year.
(Source: P.A. 86-1211; 87-778; revised 2-7-97.)
(20 ILCS 3505/7.85) (from Ch. 48, par. 850.07z25)
Sec. 7.85. 7-85. Eligible Investments. Bonds issued by
the Authority pursuant to Sections 7.80 through 7.87 shall be
permissible investments within the provisions of Section 12.
(Source: P.A. 86-1211; revised 2-7-97.)
(20 ILCS 3505/7.86) (from Ch. 48, par. 850.07z26)
Sec. 7.86. 7-86. Tax exemption. The exercise of the
powers granted in Sections 7.80 through 7.87 are in all
respects for the benefit of the people of Illinois, and in
consideration thereof the bonds issued pursuant to the
aforementioned Sections and the income therefrom shall be
free from all taxation by the State or its political
subdivisions, except for estate, transfer and inheritance
taxes. For purposes of Section 250 of the Illinois Income
Tax Act, the exemption of the income from bonds issued under
the aforementioned Sections shall terminate after all of the
bonds have been paid. The amount of such income that shall
be added and then subtracted on the Illinois income tax
return of a taxpayer, pursuant to Section 203 of the Illinois
Income Tax Act, from federal adjusted gross income or federal
taxable income in computing Illinois base income shall be the
interest net of any bond premium amortization.
(Source: P.A. 89-460, eff. 5-24-96; revised 11-1-96.)
Section 2-55. The Illinois Health Facilities Planning
Act is amended by changing Sections 3 and 4 and setting forth
and renumbering multiple versions of Section 12.1 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required
to be licensed pursuant to the Ambulatory Surgical
Treatment Center Act;
2. An institution, place, building, or agency
required to be licensed pursuant to the Hospital
Licensing Act;
3. Any institution required to be licensed pursuant
to the Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical
treatment centers, or kidney disease treatment centers
maintained by the State or any department or agency
thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit.
No federally owned facility shall be subject to the
provisions of this Act, nor facilities used solely for
healing by prayer or spiritual means.
No facility licensed under the Supportive Residences
Licensing Act shall be subject to the provisions of this Act.
A facility designated as a supportive living facility
that is in good standing with the demonstration project
established under Section 5-5.01a of the Illinois Public Aid
Code shall not be subject to the provisions of this Act.
This Act does not apply to facilities granted waivers
under Section 3-102.2 of the Nursing Home Care Act. However,
if a demonstration project under that Act applies for a
certificate of need to convert to a nursing facility, it
shall meet the licensure and certificate of need requirements
in effect as of the date of application.
With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion
of a health care facility under contract with such health
care facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care
facility of such contracted portion which is subject to
facility licensing requirements, irrespective of the party
responsible for such action or attendant financial
obligation.
"Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
"Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official
capacity within the last 12 months has involved the
providing, administering or financing of any type of health
care facility, (b) who is engaged in health research or the
teaching of health, (c) who has a material financial interest
in any activity which involves the providing, administering
or financing of any type of health care facility, or (d) who
is or ever has been a member of the immediate family of the
person defined by (a), (b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment,
erection, building, alteration, reconstruction,
modernization, improvement, extension, discontinuation,
change of ownership, of or by a health care facility, or the
purchase or acquisition by or through a health care facility
of equipment or service for diagnostic or therapeutic
purposes or for facility administration or operation, or any
capital expenditure made by or on behalf of a health care
facility which exceeds the capital expenditure minimum.
"Establish" means the construction of a health care
facility or the replacement of an existing facility on
another site.
"Major medical equipment" means medical equipment which
is used for the provision of medical and other health
services and which costs in excess of the capital expenditure
minimum, except that such term does not include medical
equipment acquired by or on behalf of a clinical laboratory
to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a
hospital and it has been determined under Title XVIII of the
Social Security Act to meet the requirements of paragraphs
(10) and (11) of Section 1861(s) of such Act. In determining
whether medical equipment has a value in excess of the
capital expenditure minimum, the value of studies, surveys,
designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment
shall be included.
"Capital Expenditure" means an expenditure: (A) made by
or on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an
expense of operation and maintenance, or is made to obtain by
lease or comparable arrangement any facility or part thereof
or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any
studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition, improvement, expansion, or replacement of any
plant or equipment with respect to which an expenditure is
made shall be included in determining if such expenditure
exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if
acquired directly by such facility would be subject to review
under this Act shall be considered capital expenditures, and
a transfer of equipment or facilities for less than fair
market value shall be considered a capital expenditure for
purposes of this Act if a transfer of the equipment or
facilities at fair market value would be subject to review.
"Capital expenditure minimum" means $1,000,000 for major
medical equipment and $2,000,000 for all other capital
expenditures, both of which shall be annually adjusted to
reflect the increase in construction costs due to inflation.
"Areawide" means a major area of the State delineated on
a geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and
the word "area" may be used synonymously with the term
"areawide".
"Local" means a subarea of a delineated major area that
on a geographic, demographic, and functional basis may be
considered to be part of such major area. The term
"subregion" may be used synonymously with the term "local".
"Areawide health planning organization" or "Comprehensive
health planning organization" means the health systems agency
designated by the Secretary, Department of Health and Human
Services or any successor agency.
"Local health planning organization" means those local
health planning organizations that are designated as such by
the areawide health planning organization of the appropriate
area.
"Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
"Director" means the Director of the Illinois Department
of Public Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning
concerned with the total population and all health and
associated problems that affect the well-being of people and
that encompasses health services, health manpower, and health
facilities; and the coordination among these and with those
social, economic, and environmental factors that affect
health.
"Alternative health care model" means a facility or
program authorized under the Alternative Health Care Delivery
Act.
(Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
7-19-96; revised 8-15-96.)
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
Sec. 4. There is created the Health Facilities Planning
Board, which shall perform such functions as hereinafter
described in this Act.
The State Board shall consist of 15 voting members,
including: 8 consumer members; one member representing the
commercial health insurance industry in Illinois; one member
representing proprietary hospitals in Illinois; one member
who is actively engaged in the field of hospital management;
one member who is a professional nurse registered in
Illinois; one member who is a physician in active private
practice licensed in Illinois to practice medicine in all of
its branches; one member who is actively engaged in the field
of skilled nursing or intermediate care facility management;
and one member who is actively engaged in the administration
of an ambulatory surgical treatment center licensed under the
Ambulatory Surgical Treatment Center Act.
The State Board shall be appointed by the Governor, with
the advice and consent of the Senate. In making the
appointments, the Governor shall give consideration to
recommendations made by (1) the professional organizations
concerned with hospital management for the hospital
management appointment, (2) professional organizations
concerned with long term care facility management for the
long term care facility management appointment, (3)
professional medical organizations for the physician
appointment, (4) professional nursing organizations for the
nurse appointment, and (5) professional organizations
concerned with ambulatory surgical treatment centers for the
ambulatory surgical treatment center appointment, and shall
appoint as consumer members individuals familiar with
community health needs but whose interest in the operation,
construction or utilization of health care facilities are
derived from factors other than those related to his
profession, business, or economic gain, and who represent, so
far as possible, different geographic areas of the State. Not
more than 8 of the appointments shall be of the same
political party.
The Secretary of Human Services, the Director of Public
Aid, and the Director of Public Health, or their designated
representatives, shall serve as ex-officio, non-voting
members of the State Board.
Of those appointed by the Governor as voting members,
each member shall hold office for a term of 3 years:
provided, that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the
remainder of such term and the term of office of each
successor shall commence on July 1 of the year in which his
predecessor's term expires. In making original appointments
to the State Board, the Governor shall appoint 5 members for
a term of one year, 5 for a term of 2 years, and 3 for a term
of 3 years, and each of these terms of office shall commence
on July 1, 1974. The initial term of office for the members
appointed under this amendatory Act of 1996 shall begin on
July 1, 1996 and shall last for 2 years, and each subsequent
appointment shall be for a term of 3 years. Each member
shall hold office until his successor is appointed and
qualified.
State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places
of residence. In addition, while serving on business of the
State Board, each member shall receive compensation of $150
per day, except that such compensation shall not exceed
$7,500 in any one year for any member.
The State Board shall provide for its own organization
and procedures, including the selection of a Chairman and
such other officers as deemed necessary. The Director, with
concurrence of the State Board, shall name as full-time
Executive Secretary of the State Board, a person qualified in
health care facility planning and in administration. The
Agency shall provide administrative and staff support for the
State Board. The State Board shall advise the Director of
its budgetary and staff needs and consult with the Director
on annual budget preparation.
The State Board shall meet at least once each quarter, or
as often as the Chairman of the State Board deems necessary,
or upon the request of a majority of the members.
Eight members of the State Board shall constitute a
quorum. The affirmative vote of 8 of the members of the
State Board shall be necessary for any action requiring a
vote to be taken by the State Board. A vacancy in the
membership of the State Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties
of the State Board as provided by this Act.
(Source: P.A. 88-490; 89-507, eff. 7-1-97; 89-674, eff.
8-14-96; revised 9-12-96.)
(20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1)
Sec. 12.1. The State Board shall, by rule, define terms
and set those conditions necessary to implement the Health
Care Worker Self-Referral Act. The rules shall be
promulgated and adopted exclusively and solely by the State
Board.
(Source: P.A. 87-1207.)
(20 ILCS 3960/12.2)
Sec. 12.2. 12.1. Powers of the Agency. For purposes of
this Act, the Agency shall exercise the following powers and
duties:
(1) Review applications for permits and exemptions in
accordance with the standards, criteria, and plans of need
established by the State Board under this Act and certify its
finding to the State Board.
(2) Charge and collect an amount determined by the State
Board to be reasonable fees for the processing of
applications by the State Board, the Agency, and the
appropriate recognized areawide health planning organization.
The State Board shall set the amounts by rule. All fees and
fines collected under the provisions of this Act shall be
deposited into the Illinois Health Facilities Planning Fund
to be used for the expenses of administering this Act.
(3) Coordinate with other State agencies having
responsibilities affecting health care facilities, including
those of licensure and cost reporting.
(Source: P.A. 89-276, eff. 8-10-95; revised 1-7-97.)
Section 2-65. The State Finance Act is amended by
setting forth and renumbering multiple versions of Sections
5.402, 5.432, and 5.433 and changing Section 25 as follows:
(30 ILCS 105/5.402)
Sec. 5.402. The Eastern Illinois University Income Fund.
(Source: P.A. 89-4, eff. 1-1-96; 89-626, eff. 8-9-96.)
(30 ILCS 105/5.432)
Sec. 5.432. The State D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)
(30 ILCS 105/5.433)
Sec. 5.433. The County D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)
(30 ILCS 105/5.435)
Sec. 5.435. 5.402. The Illinois Fire Fighters' Memorial
Fund.
(Source: P.A. 89-612, eff. 8-9-96; revised 10-24-96.)
(30 ILCS 105/5.436)
Sec. 5.436. 5.432. The Livestock Management Facilities
Fund.
(Source: P.A. 89-456, eff. 5-21-96; revised 10-24-96.)
(30 ILCS 105/5.437)
Sec. 5.437. 5.432. The Alternative Compliance Market
Account Fund.
(Source: P.A. 89-465, eff. 6-13-96; revised 10-24-96.)
(30 ILCS 105/5.438)
Sec. 5.438. 5.432. The Gang Crime Witness Protection
Fund.
(Source: P.A. 89-498, eff. 6-27-96; revised 10-24-96.)
(30 ILCS 105/5.439)
Sec. 5.439. 5.432. The Health Care Facility and Program
Survey Fund.
(Source: P.A. 89-499, eff. 8-26-96; revised 10-24-96.)
(30 ILCS 105/5.440)
Sec. 5.440. 5.432. The Secretary of State Special
Services Fund.
(Source: P.A. 89-503, eff. 7-1-96; revised 10-24-96.)
(30 ILCS 105/5.441)
Sec. 5.441. 5.432. The Medical Research and Development
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
(30 ILCS 105/5.442)
Sec. 5.442. 5.433. The Post-Tertiary Clinical Services
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
(30 ILCS 105/5.443)
Sec. 5.443. 5.432. The Comptroller's Administrative
Fund.
(Source: P.A. 89-511, eff. 1-1-97; 89-615, eff. 8-9-96;
revised 10-24-96.)
(30 ILCS 105/5.444)
Sec. 5.444. 5.432. The Illinois Student Assistance
Commission Higher EdNet Fund.
(Source: P.A. 89-512, eff. 7-11-96; revised 10-24-96.)
(30 ILCS 105/5.445)
Sec. 5.445. 5.432. The Wildlife Prairie Park Fund.
(Source: P.A. 89-611, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.446)
Sec. 5.446. 5.432. The Master Mason Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.447)
Sec. 5.447. 5.433. The Knights of Columbus Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.448)
Sec. 5.448. 5.432. The Court of Claims Administration
and Grant Fund.
(Source: P.A. 89-670, eff. 8-14-96; revised 10-24-96.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies. A deficiency or
emergency appropriation shall be available for expenditure
only through June 30 of the year when the Act making that
appropriation is enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable
to a prior fiscal year, and payments may be made at the
direction of the State Superintendent of Education from the
fund from which the appropriation is made without regard to
any fiscal year limitations.
Medical payments may be made by the Department of Public
Aid and child care payments may be made by the Department of
Human Services (as successor to the Department of Public Aid)
from appropriations for those purposes for any fiscal year,
without regard to the fact that the medical or child care
services being compensated for by such payment may have been
rendered in a prior fiscal year; and payments may be made at
the direction of the Department of Central Management
Services from the Health Insurance Reserve Fund and the Local
Government Health Insurance Reserve Fund without regard to
any fiscal year limitations.
Additionally, payments may be made by the Department of
Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
persons suffering from chronic renal disease, persons
suffering from hemophilia, rape victims, and premature and
high-mortality risk infants and their mothers and for grants
for supplemental food supplies provided under the United
States Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to the
fact that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
(d) The Department of Public Health and the Department
of Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House,
House Minority Leader, and the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before December 31, a report of
fiscal year funds used to pay for services provided in any
prior fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(e) The Department of Public Aid and the Department of
Human Services (acting as successor to the Department of
Public Aid) shall each annually submit to the State
Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before November
30, a report that shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for (i) services provided in prior
fiscal years and (ii) services for which claims were received
in prior fiscal years.
(f) The Department of Human Services (as successor to
the Department of Public Aid) shall annually submit to the
State Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, and the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services (other than medical care) provided in any prior
fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Public Aid under subsection
(e) shall include the following information with respect to
the State's Medicaid program:
(1) Explanations of the exact causes of the
variance between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Public
Aid's liabilities, including but not limited to numbers
of aid recipients, levels of medical service utilization
by aid recipients, and inflation in the cost of medical
services.
(3) The results of the Department's efforts to
combat fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance based on
estimated charges for goods or services;
(2) issuing credits during the subsequent fiscal
year for all user agency payments received during the
prior fiscal year which were in excess of the final
amounts owed by the user agency for that period; and
(3) issuing catch-up billings to user agencies
during the subsequent fiscal year for amounts remaining
due when payments received from the user agency during
the prior fiscal year were less than the total amount
owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued.
(Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
1-1-97; revised 9-10-96.)
Section 2-70. The State Mandates Act is amended by
changing, combining, and renumbering multiple versions of
Sections 8.20 and 8.21 as follows:
(30 ILCS 805/8.20)
Sec. 8.20. 8.21. Exempt mandates mandate.
Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 89-510, 89-513, 89-514,
89-606, 89-617, 89-643, 89-671, 89-683, 89-690, or 89-705
this amendatory Act of 1996 1997.
(Source: P.A. 89-510, eff. 7-11-96; 89-513, eff. 9-15-96;
89-514, eff. 7-17-96; 89-606, eff. 1-1-97; 89-617, eff.
9-1-96; 89-643, eff. 8-9-96; 89-671, eff. 8-14-96; 89-683,
eff. 6-1-97; 89-690, eff. 6-1-97; 89-705, eff. 1-31-97;
revised 2-12-97.)
Section 2-75. The Use Tax Act is amended by changing
Section 3-5 as follows:
(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the Internal
Revenue Code and that is organized and operated for the
presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Personal property purchased by a governmental body,
by a corporation, society, association, foundation, or
institution organized and operated exclusively for
charitable, religious, or educational purposes, or by a
not-for-profit corporation, society, association, foundation,
institution, or organization that has no compensated officers
or employees and that is organized and operated primarily for
the recreation of persons 55 years of age or older. A limited
liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized
and operated exclusively for educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active exemption identification number issued by the
Department.
(5) A passenger car that is a replacement vehicle to the
extent that the purchase price of the car is subject to the
Replacement Vehicle Tax.
(6) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order, certified by
the purchaser to be used primarily for graphic arts
production, and including machinery and equipment purchased
for lease.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(10) A motor vehicle of the first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to provide living
quarters for recreational, camping, or travel use, with
direct walk through to the living quarters from the driver's
seat, or a motor vehicle of the second division that is of
the van configuration designed for the transportation of not
less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(12) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages purchased at retail from a retailer, to
the extent that the proceeds of the service charge are in
fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
(14) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(16) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(17) Distillation machinery and equipment, sold as a
unit or kit, assembled or installed by the retailer,
certified by the user to be used only for the production of
ethyl alcohol that will be used for consumption as motor fuel
or as a component of motor fuel for the personal use of the
user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and
equipment used primarily in the process of manufacturing or
assembling tangible personal property for wholesale or retail
sale or lease, whether that sale or lease is made directly by
the manufacturer or by some other person, whether the
materials used in the process are owned by the manufacturer
or some other person, or whether that sale or lease is made
apart from or as an incident to the seller's engaging in the
service occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial
value on special order for a particular purchaser.
(19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
(20) Semen used for artificial insemination of livestock
for direct agricultural production.
(21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(22) Computers and communications equipment utilized
for any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is
leased in a manner that does not qualify for this exemption
or is used in any other non-exempt manner, the lessor shall
be liable for the tax imposed under this Act or the Service
Use Tax Act, as the case may be, based on the fair market
value of the property at the time the non-qualifying use
occurs. No lessor shall collect or attempt to collect an
amount (however designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the
lessor. If a lessor improperly collects any such amount from
the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
(23) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed
or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental
body that has been issued an active sales tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor shall be liable
for the tax imposed under this Act or the Service Use Tax
Act, as the case may be, based on the fair market value of
the property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-80. The Service Use Tax Act is amended by
changing Section 3-5 as follows:
(35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the Internal
Revenue Code and that is organized and operated for the
presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages acquired as an incident to the purchase
of a service from a serviceman, to the extent that the
proceeds of the service charge are in fact turned over as
tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to
which the service charge is imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both
new and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Semen used for artificial insemination of livestock
for direct agricultural production.
(14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is
used in any other non-exempt manner, the lessor shall be
liable for the tax imposed under this Act or the Use Tax Act,
as the case may be, based on the fair market value of the
property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Use Tax Act, as the case may
be, if the tax has not been paid by the lessor. If a lessor
improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(16) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject
to the tax imposed by this Act, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner
that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has
not been paid by the lessor. If a lessor improperly collects
any such amount from the lessee, the lessee shall have a
legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for
any reason, the lessor is liable to pay that amount to the
Department.
(17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-85. The Service Occupation Tax Act is amended
by changing Section 3-5 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by any not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the
Internal Revenue Code and that is organized and operated for
the presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, and insulin, urine
testing materials, syringes, and needles used by diabetics,
for human use, when purchased for use by a person receiving
medical assistance under Article 5 of the Illinois Public Aid
Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(14) Semen used for artificial insemination of livestock
for direct agricultural production.
(15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(16) Computers and communications equipment utilized
for any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of the Retailers'
Occupation Tax Act.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-90. The Retailers' Occupation Tax Act is
amended by changing Section 2-5 as follows:
(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from
the sale of the following tangible personal property are
exempt from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(3) Distillation machinery and equipment, sold as a unit
or kit, assembled or installed by the retailer, certified by
the user to be used only for the production of ethyl alcohol
that will be used for consumption as motor fuel or as a
component of motor fuel for the personal use of the user, and
not subject to sale or resale.
(4) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(5) A motor vehicle of the first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to provide living
quarters for recreational, camping, or travel use, with
direct walk through access to the living quarters from the
driver's seat, or a motor vehicle of the second division that
is of the van configuration designed for the transportation
of not less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Proceeds of that portion of the selling price of a
passenger car the sale of which is subject to the Replacement
Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting
the county fair.
(9) Personal property sold to a not-for-profit music or
dramatic arts organization that establishes, by proof
required by the Department by rule, that it has received an
exemption under Section 501(c) (3) of the Internal Revenue
Code and that is organized and operated for the presentation
of live public performances of musical or theatrical works on
a regular basis.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or
organization that has no compensated officers or employees
and that is organized and operated primarily for the
recreation of persons 55 years of age or older. A limited
liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized
and operated exclusively for educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active identification number issued by the Department.
(12) Personal property sold to interstate carriers for
hire for use as rolling stock moving in interstate commerce
or to lessors under leases of one year or longer executed or
in effect at the time of purchase by interstate carriers for
hire for use as rolling stock moving in interstate commerce
and equipment operated by a telecommunications provider,
licensed as a common carrier by the Federal Communications
Commission, which is permanently installed in or affixed to
aircraft moving in interstate commerce.
(13) Proceeds from sales to owners, lessors, or shippers
of tangible personal property that is utilized by interstate
carriers for hire for use as rolling stock moving in
interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier by
the Federal Communications Commission, which is permanently
installed in or affixed to aircraft moving in interstate
commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by some
other person, whether the materials used in the process are
owned by the manufacturer or some other person, or whether
the sale or lease is made apart from or as an incident to the
seller's engaging in the service occupation of producing
machines, tools, dies, jigs, patterns, gauges, or other
similar items of no commercial value on special order for a
particular purchaser.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(16) Petroleum products sold to a purchaser if the
seller is prohibited by federal law from charging tax to the
purchaser.
(17) Tangible personal property sold to a common carrier
by rail that receives the physical possession of the property
in Illinois and that transports the property, or shares with
another common carrier in the transportation of the property,
out of Illinois on a standard uniform bill of lading showing
the seller of the property as the shipper or consignor of the
property to a destination outside Illinois, for use outside
Illinois.
(18) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(19) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(21) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(22) Fuel and petroleum products sold to or used by an
air carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(23) A transaction in which the purchase order is
received by a florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property to
the purchaser or the purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons for
hire on rivers bordering on this State if the fuel is
delivered by the seller to the purchaser's barge, ship, or
vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident
even though the motor vehicle is delivered to the nonresident
in this State, if the motor vehicle is not to be titled in
this State, and if a driveaway decal permit is issued to the
motor vehicle as provided in Section 3-603 of the Illinois
Vehicle Code or if the nonresident purchaser has vehicle
registration plates to transfer to the motor vehicle upon
returning to his or her home state. The issuance of the
driveaway decal permit or having the out-of-state
registration plates to be transferred is prima facie evidence
that the motor vehicle will not be titled in this State.
(26) Semen used for artificial insemination of livestock
for direct agricultural production.
(27) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(28) Computers and communications equipment utilized
for any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act.
(29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-95. The Property Tax Code is amended by
changing Sections 15-172 and 15-180 and setting forth and
renumbering multiple versions of Section 18-183 as follows:
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an
application under this Section.
"Base amount" means the base year equalized assessed
value of the residence plus the first year's equalized
assessed value of any added improvements which increased the
assessed value of the residence after the base year.
"Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence.
"Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
"Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the
applicant as their principal place of residence.
"Household income" means the combined income of the
members of a household for the calendar year preceding the
taxable year.
"Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act.
"Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
"Life care facility that qualifies as a cooperative"
means a facility as defined in Section 2 of the Life Care
Facilities Act.
"Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a
household and so much of the surrounding land, constituting
the parcel upon which the dwelling place is situated, as is
used for residential purposes. If the Chief County Assessment
Officer has established a specific legal description for a
portion of property constituting the residence, then that
portion of property shall be deemed the residence for the
purposes of this Section.
"Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year
are levied.
(c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years
of age or older during the taxable year, (ii) has a household
income of $35,000 or less, (iii) is liable for paying real
property taxes on the property, and (iv) is an owner of
record of the property or has a legal or equitable interest
in the property as evidenced by a written instrument. This
homestead exemption shall also apply to a leasehold interest
in a parcel of property improved with a permanent structure
that is a single family residence that is occupied as a
residence by a person who (i) is 65 years of age or older
during the taxable year, (ii) has a household income of
$35,000 or less, (iii) has a legal or equitable ownership
interest in the property as lessee, and (iv) is liable for
the payment of real property taxes on that property.
The amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an
exemption under this Section has been granted, the base year
and base amount for that residence are the same as for the
applicant for the prior year.
Each year at the time the assessment books are certified
to the County Clerk, the Board of Review or Board of Appeals
shall give to the County Clerk a list of the assessed values
of improvements on each parcel qualifying for this exemption
that were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the
maximum reduction from the equalized assessed value of the
property is limited to the sum of the reductions calculated
for each unit occupied as a residence by a person or persons
65 years of age or older with a household income of $35,000
or less who is liable, by contract with the owner or owners
of record, for paying real property taxes on the property and
who is an owner of record of a legal or equitable interest in
the cooperative apartment building, other than a leasehold
interest. In the instance of a cooperative where a homestead
exemption has been granted under this Section, the
cooperative association or its management firm shall credit
the savings resulting from that exemption only to the
apportioned tax liability of the owner who qualified for the
exemption. Any person who willfully refuses to credit that
savings to an owner who qualifies for the exemption is guilty
of a Class B misdemeanor.
When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a
facility licensed under the Nursing Home Care Act, the
exemption shall be granted in subsequent years so long as the
residence (i) continues to be occupied by the qualified
applicant's spouse or (ii) if remaining unoccupied, is still
owned by the qualified applicant for the homestead exemption.
Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person
shall submit an application by February 15, 1995 to the Chief
County Assessment Officer of the county in which the property
is located. In counties having 3,000,000 or more
inhabitants, for taxable year 1994 and all subsequent taxable
years, to receive the exemption, a person may submit an
application to the Chief County Assessment Officer of the
county in which the property is located during such period as
may be specified by the Chief County Assessment Officer. The
Chief County Assessment Officer in counties of 3,000,000 or
more inhabitants shall annually give notice of the
application period by mail or by publication. In counties
having less than 3,000,000 inhabitants, beginning with
taxable year 1995 and thereafter, to receive the exemption, a
person shall submit an application by July 1 of each taxable
year to the Chief County Assessment Officer of the county in
which the property is located. A county may, by ordinance,
establish a date for submission of applications that is
earlier than July 1, but in no event shall a county establish
a date for submission of applications that is later than July
1. The applicant shall submit with the application an
affidavit of the applicant's total household income, age,
marital status (and if married the name and address of the
applicant's spouse, if known), and principal dwelling place
of members of the household on January 1 of the taxable year.
The Department shall establish, by rule, a method for
verifying the accuracy of affidavits filed by applicants
under this Section. The applications shall be clearly marked
as applications for the Senior Citizens Assessment Freeze
Homestead Exemption.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and
the denial occurred due to an error on the part of an
assessment official, or his or her agent or employee, then
beginning in taxable year 1997 the applicant's base year, for
purposes of determining the amount of the exemption, shall be
1993 rather than 1994. In addition, in taxable year 1997, the
applicant's exemption shall also include an amount equal to
(i) the amount of any exemption denied to the applicant in
taxable year 1995 as a result of using 1994, rather than
1993, as the base year, (ii) the amount of any exemption
denied to the applicant in taxable year 1996 as a result of
using 1994, rather than 1993, as the base year, and (iii) the
amount of the exemption erroneously denied for taxable year
1994.
For purposes of this Section, a person who will be 65
years of age during the current taxable year shall be
eligible to apply for the homestead exemption during that
taxable year. Application shall be made during the
application period in effect for the county of his or her
residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section
by use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are
credited by the management firm to the apportioned tax
liability of each qualifying resident. The Chief County
Assessment Officer may request reasonable proof that the
management firm has so credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or
from any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes
or pursuant to official procedures for collection of any
State or local tax or enforcement of any civil or criminal
penalty or sanction imposed by this Act or by any statute or
ordinance imposing a State or local tax. Any person who
divulges any such information in any manner, except in
accordance with a proper judicial order, is guilty of a Class
A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing
or making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
(Source: P.A. 88-669, eff. 11-29-94; 88-682, eff. 1-13-95;
89-62, eff. 1-1-96; 89-426, eff. 6-1-96; 89-557, eff. 1-1-97;
89-581, eff. 1-1-97; 89-626, eff. 8-9-96; revised 9-3-96.)
(35 ILCS 200/15-180)
Sec. 15-180. Homestead improvements. Homestead
properties that have been improved and residential structures
on homestead property that have been rebuilt following a
catastrophic event are entitled to a homestead improvement
exemption, limited to $30,000 per year in fair cash value,
when that property is owned and used exclusively for a
residential purpose and upon demonstration that a proposed
increase in assessed value is attributable solely to a new
improvement of an existing structure or the rebuilding of a
residential structure following a catastrophic event. To be
eligible for an exemption under this Section after a
catastrophic event, the residential structure must be rebuilt
within 2 years after the catastrophic event. The exemption
for rebuilt structures under this Section applies to the
increase in value of the rebuilt structure over the value of
the structure before the catastrophic event. The amount of
the exemption shall be limited to the fair cash value added
by the new improvement or rebuilding and shall continue for 4
years from the date the improvement or rebuilding is
completed and occupied, or until the next following general
assessment of that property, whichever is later.
A proclamation of disaster by the President of the United
States or Governor of the State of Illinois is not a
prerequisite to the classification of an occurrence as a
catastrophic event under this Section. A "catastrophic
event" may include an occurrence of widespread or severe
damage or loss of property resulting from any catastrophic
cause including but not limited to fire, including arson
(provided the fire was not caused by the willful action of an
owner or resident of the property), flood, earthquake, wind,
storm, explosion, or extended periods of severe inclement
weather. In the case of a residential structure affected by
flooding, the structure shall not be eligible for this
homestead improvement exemption unless it is located within a
local jurisdiction which is participating in the National
Flood Insurance Program.
In counties of less than 3,000,000 inhabitants, in
addition to the notice requirement under Section 12-30, a
supervisor of assessments, county assessor, or township or
multi-township assessor responsible for adding an assessable
improvement to a residential property's assessment shall
either notify a taxpayer whose assessment has been changed
since the last preceding assessment that he or she may be
eligible for the exemption provided under this Section or
shall grant the exemption automatically.
(Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
6-1-97; revised 1-15-97)
(35 ILCS 200/18-183)
Sec. 18-183. Cancellation and repayment of tax benefits.
Beginning with tax year 1996, if any taxing district enters
into an agreement that explicitly sets forth the terms and
length of a contract and thereby grants a tax abatement or
other tax benefit under Sections 18-165 through 18-180 of
this Code, under the Economic Development Area Tax Increment
Allocation Act, the County Economic Development Project Area
Tax Increment Allocation Act of 1991, the Tax Increment
Allocation Redevelopment Act, the Industrial Jobs Recovery
Law, the Economic Development Project Area Tax Increment
Allocation Act of 1995, or under any other statutory or
constitutional authority implemented under the Property Tax
Code to a private individual or entity for the purpose of
originating, locating, maintaining, rehabilitating, or
expanding a business facility within the taxing district and
the individual or entity relocates the entire facility from
the taxing district in violation of the terms and length of
the contract explicitly set forth in the agreement, the
abatement or other tax benefit for the remainder of the term
is cancelled and the amount of the abatements or other tax
benefits granted before cancellation shall be repaid to the
taxing district within 30 days. This Section may be waived
by the mutual agreement of the individual or entity and the
taxing district.
(Source: P.A. 89-591, eff. 8-1-96; revised 8-15-96.)
(35 ILCS 200/18-184)
Sec. 18-184. 18-183. Abatement; annexation agreement.
Upon a majority vote of its governing authority, any
municipality may, after the determination of the assessed
valuation of its property, order the county clerk to abate
any portion of its taxes on any property that is the subject
of an annexation agreement between the municipality and the
property owner.
(Source: P.A. 89-537, eff. 1-1-97; revised 8-15-96.)
Section 2-100. The Illinois Pension Code is amended by
changing Section 16-106 as follows:
(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
Sec. 16-106. Teacher. "Teacher": The following
individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position
in which services are expected to be rendered for at least
one school term:
(1) Any educational, administrative, professional
or other staff employed in the public common schools
included within this system in a position requiring
certification under the law governing the certification
of teachers;
(2) Any educational, administrative, professional
or other staff employed in any facility of the Department
of Children and Family Services or the Department of
Human Services, in a position requiring certification
under the law governing the certification of teachers,
and any person who (i) works in such a position for the
Department of Corrections, (ii) was a member of this
System on May 31, 1987, and (iii) did not elect to become
a member of the State Employees' Retirement System
pursuant to Section 14-108.2 of this Code;
(3) Any regional superintendent of schools,
assistant regional superintendent of schools, State
Superintendent of Education; any person employed by the
State Board of Education as an executive; any executive
of the boards engaged in the service of public common
school education in school districts covered under this
system of which the State Superintendent of Education is
an ex-officio member;
(4) Any employee of a school board association
operating in compliance with Article 23 of the School
Code who is certificated under the law governing the
certification of teachers;
(5) Any person employed by the retirement system as
an executive, and any person employed by the retirement
system who is certificated under the law governing the
certification of teachers;
(6) Any educational, administrative, professional
or other staff employed by and under the supervision and
control of a regional superintendent of schools, provided
such employment position requires the person to be
certificated under the law governing the certification of
teachers and is in an educational program serving 2 or
more districts in accordance with a joint agreement
authorized by the School Code or by federal legislation;
(7) Any educational, administrative, professional
or other staff employed in an educational program
serving 2 or more school districts in accordance with a
joint agreement authorized by the School Code or by
federal legislation and in a position requiring
certification under the laws governing the certification
of teachers;
(8) Any officer or employee of a statewide teacher
organization who is certified under the law governing
certification of teachers, provided: (i) the individual
had previously established creditable service under this
Article, (ii) the individual files with the system, on or
before January 1, 1990, an irrevocable election to become
a member, and (iii) the individual does not receive
credit for such service under any other Article of this
Code;
(9) Any educational, administrative, professional,
or other staff employed in a charter school operating in
compliance with the Charter Schools Law who is
certificated under the law governing the certification of
teachers.
An annuitant receiving a retirement annuity under this
Article or under Article 17 of this Code who is temporarily
employed by a board of education or other employer not
exceeding that permitted under Section 16-118 is not a
"teacher" for purposes of this Article. A person who has
received a single-sum retirement benefit under Section
16-136.4 of this Article is not a "teacher" for purposes of
this Article.
(Source: P.A. 89-450, eff. 4-10-96; 89-507, eff. 7-1-97;
revised 10-3-96.)
Section 2-105. The Counties Code is amended by setting
forth, changing, and renumbering multiple versions of
Sections 5-1069.5 and 5-1121 as follows:
(55 ILCS 5/5-1069.2)
Sec. 5-1069.2. 5-1069.5. Post-parturition care. If a
county, including a home rule county, is a self-insurer for
purposes of providing health insurance coverage for its
employees, the coverage shall include coverage for the
post-parturition care benefits required to be covered by a
policy of accident and health insurance under Section 356s
356r of the Illinois Insurance Code. The requirement that
post-parturition care be covered as provided in this Section
is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution. A home rule
county to which this Section applies must comply with every
provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
(55 ILCS 5/5-1069.5)
Sec. 5-1069.5. Woman's health care provider. All
counties, including home rule counties, are subject to the
provisions of Section 356r of the Illinois Insurance Code.
The requirement under this Section that health care benefits
provided by counties comply with Section 356r of the Illinois
Insurance Code is an exclusive power and function of the
State and is a denial and limitation of home rule county
powers under Article VII, Section 6, subsection (h) of the
Illinois Constitution.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may demolish,
repair, or enclose or cause the demolition, repair, or
enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the county,
but not within the territory of any municipality, and may
remove or cause the removal of garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from
those buildings.
The county board shall apply to the circuit court of the
county in which the building is located (i) for an order
authorizing action to be taken with respect to a building if
the owner or owners of the building, including the lien
holders of record, after at least 15 days' written notice by
mail to do so, have failed to put the building in a safe
condition or to demolish it or (ii) for an order requiring
the owner or owners of record to demolish, repair, or enclose
the building or to remove garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from
the building. It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed,
although the court may order the defendant to have the
building boarded up or otherwise enclosed. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder
of record, including court costs, attorney's fees, and other
costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or
the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real
estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the county, the
lien holder of record, or the intervenor who incurred the
cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the county, the lien holder of
record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the county, the person in whose name the lien has
been filed, or the assignee of the lien, and the release may
be filed of record as in the case of filing notice of lien.
Unless the lien is enforced under subsection (b), the lien
may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil
Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the
date of filing of the notice of lien. The costs of
foreclosure incurred by the county, including court costs,
reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the county from the owner or
owners of the real estate.
All liens arising under this subsection (a) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (b).
If the appropriate official of any county determines that
any dangerous and unsafe building or uncompleted and
abandoned building within its territory fulfills the
requirements for an action by the county under the Abandoned
Housing Rehabilitation Act, the county may petition under
that Act in a proceeding brought under this subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this
subsection (b) in the same proceeding in which the lien is
authorized.
A county desiring to enforce a lien under this subsection
(b) shall petition the court to retain jurisdiction for
foreclosure proceedings under this subsection. Notice of the
petition shall be served, by certified or registered mail, on
all persons who were served notice under subsection (a). The
court shall conduct a hearing on the petition not less than
15 days after the notice is served. If the court determines
that the requirements of this subsection (b) have been
satisfied, it shall grant the petition and retain
jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the
county, including court costs, reasonable attorneys' fees,
advances to preserve the property, and other costs related to
the enforcement of this subsection, plus statutory interest,
are a lien on the real estate and are recoverable by the
county from the owner or owners of the real estate. If the
court denies the petition, the county may enforce the lien in
a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure. Persons designated in Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien under this subsection (b), except
to the extent that those provisions are inconsistent with
this subsection. For purposes of foreclosures of liens
under this subsection, however, the redemption period
described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(c) In addition to any other remedy provided by law, the
county board of any county may petition the circuit court to
have property declared abandoned under this subsection (c)
if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property
have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally
in possession; and
(3) the property contains a dangerous or unsafe
building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, shall be
named as defendants in the petition and shall be served with
process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases
affecting property.
The county, however, may proceed under this subsection in
a proceeding brought under subsection (a). Notice of the
petition shall be served by certified or registered mail on
all persons who were served notice under subsection (a).
If the county proves that the conditions described in
this subsection exist and the owner of record of the property
does not enter an appearance in the action, or, if title to
the property is held by an Illinois land trust, if neither
the owner of record nor the owner of the beneficial interest
of the trust enters an appearance, the court shall declare
the property abandoned.
If that determination is made, notice shall be sent by
certified or registered mail to all persons having an
interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the county unless, within 30 days of the
notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the
property files with the court a request to demolish the
dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action
within the 30 day period, the court shall vacate its order
declaring the property abandoned. In that case, the county
may amend its complaint in order to initiate proceedings
under subsection (a).
If a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days
or to restore the building to safe condition within 60 days
after the request is granted. An extension of that period
for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a
timely request, preference shall be given to the person with
the lien or other interest of the highest priority.
If the requesting party proves to the court that the
building has been demolished or put in a safe condition
within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the county of all costs
incurred by the county in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with
building enclosure or removal, and receiver's certificates.
The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if
the interest is conveyed to a person holding a certificate of
purchase for the property under the Property Tax Code, the
conveyance shall be subject to the rights of redemption of
all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a
timely request or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the county may petition the
court to issue a judicial deed for the property to the
county. A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
(d) Each county may use the provisions of this
subsection to expedite the removal of certain buildings that
are a continuing hazard to the community in which they are
located.
If a residential building is 2 stories or less in height
as defined by the county's building code, and the official
designated to be in charge of enforcing the county's building
code determines that the building is open and vacant and an
immediate and continuing hazard to the community in which the
building is located, then the official shall be authorized to
post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the
date of the posting and shall state that unless the building
is demolished, repaired, or enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and continuing
hazard to the community no longer exists, then the building
may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the county.
Not later than 30 days following the posting of the
notice, the county shall do both of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a notice to all owners of record of
the property, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders
of record in the property, stating the intent of the
county to demolish, repair, or enclose the building or
remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published
or circulated in the county where the building is
located, a notice setting forth (i) the permanent tax
index number and the address of the building, (ii) a
statement that the property is open and vacant and
constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the county intends
to demolish, repair, or enclose the building or remove
any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials if the owner or owners
or lienholders of record fail to do so. This notice
shall be published for 3 consecutive days.
A person objecting to the proposed actions of the county
board may file his or her objection in an appropriate form in
a court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed,
or the garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials are not removed, within 30
days of mailing the notice to the owners of record, the
beneficial owners of any Illinois land trust having title to
the property, and all lienholders of record in the property,
or within 30 days of the last day of publication of the
notice, whichever is later, the county board shall have the
power to demolish, repair, or enclose the building or to
remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials.
The county may proceed to demolish, repair, or enclose a
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials under this
subsection within a 120-day period following the date of the
mailing of the notice if the appropriate official determines
that the demolition, repair, enclosure, or removal of any
garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials is necessary to remedy the immediate
and continuing hazard. If, however, before the county
proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this
subsection before a court and has served a copy of the
complaint on the chief executive officer of the county, then
the county shall not proceed with the demolition, repair,
enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to
remedy the hazard and issues an order authorizing the county
to do so.
Following the demolition, repair, or enclosure of a
building, or the removal of garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection, the county may file a notice of lien
against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the
cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the
office of the registrar of titles of the county if the real
estate affected is registered under the Registered Titles
(Torrens) Act. The notice of lien shall consist of a sworn
statement setting forth (i) a description of the real estate,
such as the address or other description of the property,
sufficient for its identification; (ii) the expenses incurred
by the county in undertaking the remedial actions authorized
under this subsection; (iii) the date or dates the expenses
were incurred by the county; (iv) a statement by the official
responsible for enforcing the building code that the building
was open and vacant and constituted an immediate and
continuing hazard to the community; (v) a statement by the
official that the required sign was posted on the building,
that notice was sent by certified mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the
notice was published. The lien authorized by this subsection
may thereafter be released or enforced by the county as
provided in subsection (a).
(Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
(55 ILCS 5/5-1123)
Sec. 5-1123. 5-1121. Builder or developer cash bond.
(a) A county may not require a cash bond from a builder
or developer to guarantee completion of a project improvement
when the builder or developer has filed a current,
irrevocable letter of credit with good and sufficient
sureties with the county clerk in an amount equal to or
greater than 110% of the amount of the bid on each project
improvement. A builder or developer may elect to utilize an
irrevocable letter of credit to satisfy any cash bond
requirement established by a county.
(b) If a county receives a cash bond from a builder or
developer to guarantee completion of a project improvement,
the county shall (i) register the bond under the address of
the project and the construction permit number and (ii) give
the builder or developer a receipt for the bond. The county
shall establish and maintain a separate account for all cash
bonds received from builders and developers to guarantee
completion of a project improvement.
(c) The county shall refund a cash bond to a builder or
developer within 60 days after the builder or developer
notifies the county in writing of the completion of the
project improvement for which the bond was required. For
these purposes, "completion" means that the county has
determined that the project improvement for which the bond
was required is complete or a licensed engineer or licensed
architect has certified to the builder or developer and the
county that the project improvement has been completed to the
applicable codes and ordinances. The county shall pay
interest to the builder or developer, beginning 60 days after
the builder or developer notifies the county in writing of
the completion of the project improvement, on any bond not
refunded to a builder or developer, at the rate of 1% per
month.
(d) A home rule county may not require or maintain cash
bonds from builders or developers in a manner inconsistent
with this Section. This Section is a denial and limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by a home
rule county of powers and functions exercised by the State.
(Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
Section 2-110. The County Care for Persons with
Developmental Disabilities Act is amended by changing Section
13 as follows:
(55 ILCS 105/13) (from Ch. 91 1/2, par. 213)
Sec. 13. The Department of Human Services shall adopt
general rules for the guidance of any board of directors,
prescribing reasonable standards in regard to program,
facilities and services for residents with a developmental
disability.
The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department under
this Act, except that in case of conflict between the
Illinois Administrative Procedure Act and this Act the
provisions of this Act shall control, and except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Department is precluded by law from exercising any
discretion.
The Department of Human Services may conduct such
investigation as may be necessary to ascertain compliance
with rules adopted pursuant to this Act.
If any such board of directors fails to comply with such
rules, the Department of Human Services shall withhold
distribution of any State grant in aid until such time as
such board complies with such rules.
(Source: P.A. 88-45; 88-380; 88-388; 89-507, eff. 7-1-97;
89-585, eff. 1-1-97; revised 9-9-96.)
Section 2-115. The Illinois Municipal Code is amended by
changing Sections 7-1-1 and 11-15.1-2 and setting forth,
changing, and renumbering multiple versions of Section
10-4-2.5 as follows:
(65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
Sec. 7-1-1. Annexation of contiguous territory. Any
territory that is not within the corporate limits of any
municipality but is contiguous to a municipality may be
annexed to the municipality as provided in this Article. For
the purposes of this Article any territory to be annexed to a
municipality shall be considered to be contiguous to the
municipality notwithstanding that the territory is separated
from the municipality by a railroad or public utility
right-of-way, but upon annexation the area included within
that right-of-way shall not be considered to be annexed to
the municipality.
Except in counties with a population of more than 500,000
but less than 3,000,000, territory which is not contiguous to
a municipality but is separated therefrom only by a forest
preserve district may be annexed to the municipality pursuant
to Sections 7-1-7 or 7-1-8, but the territory included within
such forest preserve district shall not be annexed to the
municipality nor shall the territory of the forest preserve
district be subject to rights-of-way for access or services
between the parts of the municipality separated by the forest
preserve district without the consent of the governing body
of the forest preserve district.
In counties that are contiguous to the Mississippi River
with populations of more than 200,000 but less than 255,000,
a municipality that is partially located in territory that is
wholly surrounded by the Mississippi River and a canal,
connected at both ends to the Mississippi River and located
on property owned by the United States of America, may annex
noncontiguous territory in the surrounded territory under
Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated from the municipality by property owned by the
United States of America, but that federal property shall not
be annexed without the consent of the federal government.
When any land proposed to be annexed is part of any Fire
Protection District or of any Public Library District and the
annexing municipality provides fire protection or a public
library, as the case may be, the Trustees of each District
shall be notified in writing by certified or registered mail
before any court hearing or other action is taken for
annexation. The notice shall be served 10 days in advance.
An affidavit that service of notice has been had as provided
by this Section must be filed with the clerk of the court in
which the annexation proceedings are pending or will be
instituted or, when no court proceedings are involved, with
the recorder for the county where the land is situated. No
annexation of that land is effective unless service is had
and the affidavit filed as provided in this Section.
The new boundary shall extend to the far side of any
adjacent highway and shall include all of every highway
within the area annexed. These highways shall be considered
to be annexed even though not included in the legal
description set forth in the petition for annexation. When
any land proposed to be annexed includes any highway under
the jurisdiction of any township, the Township Commissioner
of Highways and the Board of Town Trustees shall be notified
in writing by certified or registered mail before any court
hearing or other action is taken for annexation. In the event
that a municipality fails to notify the Township Commissioner
of Highways and the Board of Town Trustees of the annexation
of an area within the township, the municipality shall
reimburse that township for any loss or liability caused by
the failure to give notice. If any municipality has annexed
any area before October 1, 1975, and the legal description in
the petition for annexation did not include the entire
adjacent highway, any such annexation shall be valid and any
highway adjacent to the area annexed shall be considered to
be annexed notwithstanding the failure of the petition to
annex to include the description of the entire adjacent
highway.
Any annexation, disconnection and annexation, or
disconnection under this Article of any territory must be
reported by certified or registered mail by the corporate
authority initiating the action to the election authorities
having jurisdiction in the territory and the post office
branches serving the territory within 30 days of the
annexation, disconnection and annexation, or disconnection.
Failure to give notice to the required election
authorities or post office branches will not invalidate the
annexation or disconnection. For purposes of this Section
"election authorities" means the county clerk where the clerk
acts as the clerk of elections or the clerk of the election
commission having jurisdiction.
No annexation, disconnection and annexation, or
disconnection under this Article of territory having electors
residing therein made (1) before any primary election to be
held within the municipality affected thereby and after the
time for filing petitions as a candidate for nomination to
any office to be chosen at the primary election or (2) within
60 days before any general election to be held within the
municipality shall be effective until the day after the date
of the primary or general election, as the case may be.
For the purpose of this Section, a toll highway or
connection between parcels via an overpass bridge over a toll
highway shall not be considered a deterrent to the definition
of contiguous territory.
When territory is proposed to be annexed by court order
under this Article, the corporate authorities or petitioners
initiating the action shall notify each person who pays real
estate taxes on property within that territory unless the
person is a petitioner. The notice shall be served by
certified or registered mail, return receipt requested, at
least 20 days before a court hearing or other court action.
If the person who pays real estate taxes on the property is
not the owner of record, then the payor shall notify the
owner of record of the proposed annexation.
(Source: P.A. 89-388, eff. 1-1-96; 89-502, eff. 6-28-96;
89-666, eff. 8-14-96; revised 8-19-96.)
(65 ILCS 5/10-4-2.2)
Sec. 10-4-2.2. 10-4-2.5. Post-parturition care. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include
coverage for the post-parturition care benefits required to
be covered by a policy of accident and health insurance under
Section 356s 356r of the Illinois Insurance Code. The
requirement that post-parturition care be covered as provided
in this Section is an exclusive power and function of the
State and is a denial and limitation under Article VII,
Section 6, subsection (h) of the Illinois Constitution. A
home rule municipality to which this Section applies must
comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
(65 ILCS 5/10-4-2.5)
Sec. 10-4-2.5. Woman's health care provider. The
corporate authorities of all municipalities are subject to
the provisions of Section 356r of the Illinois Insurance
Code. The requirement under this Section that health care
benefits provided by municipalities comply with Section 356r
of the Illinois Insurance Code is an exclusive power and
function of the State and is a denial and limitation of home
rule municipality powers under Article VII, Section 6,
subsection (h) of the Illinois Constitution.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
Sec. 11-15.1-2. Any such agreement may provide for the
following as it relates to the land which is the subject of
the agreement:
(a) The annexation of such territory to the
municipality, subject to the provisions of Article 7.
(b) The continuation in effect, or amendment, or
continuation in effect as amended, of any ordinance relating
to subdivision controls, zoning, official plan, and building,
housing and related restrictions; provided, however, that any
public hearing required by law to be held before the adoption
of any ordinance amendment provided in such agreement shall
be held prior to the execution of the agreement, and all
ordinance amendments provided in such agreement shall be
enacted according to law.
(c) A limitation upon increases in permit fees required
by the municipality.
(d) Contributions of either land or monies, or both, to
any municipality and to other units of local government
having jurisdiction over all or part of land that is the
subject matter of any annexation agreement entered into under
the provisions of this Section shall be deemed valid when
made and shall survive the expiration date of any such
annexation agreement with respect to all or any part of the
land that was the subject matter of the annexation agreement.
(e) The granting of utility franchises for such land.
(e-5) The abatement of property taxes.
(f) Any other matter not inconsistent with the
provisions of this Code, nor forbidden by law.
Any action taken by the corporate authorities during the
period such agreement is in effect, which, if it applied to
the land which is the subject of the agreement, would be a
breach of such agreement, shall not apply to such land
without an amendment of such agreement.
After the effective term of any annexation agreement and
unless otherwise provided for within the annexation agreement
or an amendment to the annexation agreement, the provisions
of any ordinance relating to the zoning of the land that is
provided for within the agreement or an amendment to the
agreement, shall remain in effect unless modified in
accordance with law. This amendatory Act of 1995 is
declarative of existing law and shall apply to all annexation
agreements.
(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97;
revised 8-15-96.)
Section 2-120. The Fire Protection District Act is
amended by changing Section 4 as follows:
(70 ILCS 705/4) (from Ch. 127 1/2, par. 24)
Sec. 4. Trustees; conflict of interest; violations.
(a) A board of trustees consisting of 3 members for the
government and control of the affairs and business of a fire
protection district incorporated under this Act shall be
created in the following manner:
(1) If the district lies wholly within a single
township but does not also lie wholly within a
municipality, the board of trustees of that township
shall appoint the trustees for the district but no
township official who is eligible to vote on the
appointment shall be eligible for such appointment.
(2) If the district is wholly contained within a
municipality, the governing body of the municipality
shall appoint the trustees for the district.
(3) If the district is wholly contained within a
single county but does not lie wholly within a single
township or a single municipality, the trustees for the
district shall be appointed by the presiding officer of
the county board with the advice and consent of the
county board; except that in counties with a population
in excess of 3,000,000, 2 trustees for the district shall
be appointed by the board of trustees of the township
that has the greatest population within the district as
determined by the last preceding federal census. That
board of trustees shall also appoint the remaining
trustee if no other township comprises at least 10% of
the population of the district. If only one other
township comprises at least 10% of the population of the
district, then the board of trustees of that district
shall appoint the remaining trustee. If 2 or more other
townships each comprise at least 10% of the population of
the district, then the boards of trustees of those
townships shall jointly appoint the remaining trustee.
No township official who is eligible to vote on the
appointment shall be eligible for the appointment.
(4) If the district is located in more than one
county, the number of trustees who are residents of a
county shall be in proportion, as nearly as practicable,
to the number of residents of the district who reside in
that county in relation to the total population of the
district.
(A) In counties with a population of 3,000,000
or more, the trustees shall be appointed as provided
in paragraphs (1), (2), and (3) of subsection (a) of
this Section. For purposes of this item (A) and in
item (B), "district" means that portion of the total
fire protection district lying within a county with
a population in excess of 3,000,000.
(B) In counties with a population of less than
3,000,000, the trustees for the district shall be
appointed by the presiding officer of the county
board with the advice and consent of the county
board.
Upon the expiration of the term of a trustee who is in
office on October 1, 1975, the successor shall be a resident
of whichever county is entitled to such representation in
order to bring about the proportional representation required
herein, and he shall be appointed by the county board of that
county, or in the case of a home rule county as defined by
Article VII, Section 6 of the Constitution of 1970, the chief
executive officer of that county, with the advice and consent
of the county board.
Thereafter, each trustee shall be succeeded by a resident
of the same county who shall be appointed by the same
appointing authority; however, the provisions of the
preceding paragraph shall apply to the appointment of the
successor to each trustee who is in office at the time of the
publication of each decennial Federal census of population.
Within 60 days after the adoption of this Act as provided
in Section 1, or within 60 days after the adoption of an
ordinance pursuant to subsection (c) of Section 4.01, the
appropriate appointing authority shall appoint 3 trustees who
are electors in the district, not more than one of whom shall
be from any one city or village or incorporated town in a
district unless such city or village or incorporated town has
more than 50% of the population in the district according to
last preceding Federal census. Such trustees shall hold
their offices thenceforward and for one, 2 and 3 years from
the first Monday of May next after their appointment and
until their successors have been selected and qualified and
thereafter, unless the district has determined to elect
trustees as provided in Section 4a, on or before the second
Monday in April of each year the appointing authority shall
appoint one trustee whose term shall be for 3 years
commencing on the first Monday in May next after they are
respectively appointed. The length of term of the first
trustees shall be determined by lot at their first meeting.
Each trustee shall, before entering on the duties of his
office, enter into bond with security to be approved by the
appointing authority in such sum as the authority may
determine.
A majority of the board of trustees shall constitute a
quorum, but a smaller number may adjourn from day to day. No
trustee or employee of such district shall be directly or
indirectly interested financially in any contract work or
business or the sale of any article, the expense, price or
consideration of which is paid by the district; nor in the
purchase of any real estate or other property, belonging to
the district, or which shall be sold for taxes or assessments
or by virtue of legal process at the suit of the district.
Nothing in this Section prohibits the appointment or
selection of any person or trustee or employee whose only
interest in the district is as an owner of real estate in
such fire protection district or of contributing to the
payment of taxes levied by the district. The trustees shall
have the power to provide and adopt a corporate seal for the
district.
(b) However, any trustee may provide materials,
merchandise, property, services or labor, if:
A. the contract is with a person, firm,
partnership, association, corporation or cooperative
association in which such interested trustee has less
than a 7 1/2% share in the ownership; and
B. such interested trustee publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
C. such interested trustee abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum; and
D. such contract is approved by a majority vote of
those trustees presently holding office; and
E. the contract is awarded after sealed bids to the
lowest responsible bidder if the amount of the contract
exceeds $1500, but the contract may be awarded without
bidding if the amount is less than $1500; and
F. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $25,000.
(c) In addition to the above exemption, any trustee or
employee may provide materials, merchandise, property,
services or labor if:
A. the award of the contract is approved by a
majority vote of the board of trustees of the fire
protection district provided that any such interested
member shall abstain from voting; and
B. the amount of the contract does not exceed
$1000; and
C. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $2000; and
D. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
E. such interested member abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(d) A contract for the procurement of public utility
services by a district with a public utility company is not
barred by this Section by one or more members of the board of
trustees being an officer or employee of the public utility
company or holding an ownership interest if no more than 7
1/2% in the public utility company, or holding an ownership
interest of any size if the fire protection district has a
population of less than 7,500 and the public utility's rates
are approved by the Illinois Commerce Commission. An elected
or appointed member of the board of trustees having such an
interest shall be deemed not to have a prohibited interest
under this Section.
(e) Any officer or employee who violates this Section is
guilty of a Class 4 felony and in addition thereto any office
held by such person so convicted shall become vacant and
shall be so declared as part of the judgment of the court.
(f) Nothing contained in this Section, including the
restrictions set forth in subsections (b), (c) and (d), shall
preclude a contract of deposit of monies, loans or other
financial services by a fire protection district with a local
bank or local savings and loan association, regardless of
whether a member or members of the board of trustees of the
fire protection district are interested in such bank or
savings and loan association as an officer or employee or as
a holder of less than 7 1/2% of the total ownership interest.
A member or members holding such an interest in such a
contract shall not be deemed to be holding a prohibited
interest for purposes of this Act. Such interested member or
members of the board of trustees must publicly state the
nature and extent of their interest during deliberations
concerning the proposed award of such a contract, but shall
not participate in any further deliberations concerning the
proposed award. Such interested member or members shall not
vote on such a proposed award. Any member or members
abstaining from participation in deliberations and voting
under this Section may be considered present for purposes of
establishing a quorum. Award of such a contract shall require
approval by a majority vote of those members presently
holding office. Consideration and award of any such contract
in which a member or members are interested may only be made
at a regularly scheduled public meeting of the board of
trustees of the fire protection district.
(g) Beginning on the effective date of this amendatory
Act of 1990 and ending 3 years after the effective date of
this amendatory Act of 1990, in the case of a fire protection
district board of trustees in a county with a population of
more than 400,000 but less than 450,000, according to the
1980 general census, created under subsection (a), paragraph
(3) of this Section a petition for the redress of a trustee,
charging the trustee with palpable omission of duty or
nonfeasance in office, signed by not less than 5% of the
electors of the district may be presented to the township
supervisor or the presiding officer of the county board, as
appropriate. Upon receipt of the petition, the township
supervisor or presiding officer of the county board, as
appropriate, shall preside over a hearing on the matter of
the requested redress. The hearing shall be held not less
than 14 nor more than 30 days after receipt of the petition.
In the case of a fire protection district trustee appointed
by the presiding officer of the county board, the presiding
officer shall appoint at least 4 but not more than 8 members
of the county board, a majority of whom shall reside in a
county board district in which the fire protection district
is wholly or partially located, to serve as the hearing
panel. In the case of a fire protection district trustee
appointed by the board of town trustees, the township
supervisor and 2 other town trustees appointed by the
supervisor shall serve as the hearing panel. Within 30 days
after the hearing, the panel shall issue a statement of its
findings concerning the charges against the trustee, based
upon the evidence presented at the hearing, and may make to
the fire protection district any recommendations deemed
appropriate.
(Source: P.A. 89-482, eff. 1-1-97; 89-588, eff. 1-1-97;
revised 8-14-96.)
Section 2-125. The Park District Code is amended by
changing Section 10-7 as follows:
(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
Sec. 10-7. Sale, lease, or exchange of realty.
(a) Any park district owning and holding any real estate
is authorized to sell or lease such property to another unit
of Illinois State or local government, or to lease upon the
terms and at the price that the board determines for a period
not to exceed 99 years to any not for profit corporation
organized under the laws of this State, in either case for
public use, and provided that the grantee or lessee covenants
to hold and maintain such property for public park or
recreational purposes or such park district obtains other
real property of substantially the same size or larger and of
substantially the same or greater suitability for park
purposes without additional cost to such district.
(b) Any park district owning or holding any real estate
is authorized to convey such property to a nongovernmental
entity in exchange for other real property of substantially
equal or greater value as determined by 2 appraisals of the
property and of substantially the same or greater suitability
for park purposes without additional cost to such district.
Prior to such exchange with a nongovernmental entity the
park board shall hold a public meeting in order to consider
the proposed conveyance. Notice of such meeting shall be
published not less than three times (the first and last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is
no such newspaper, then such notice shall be posted in not
less than 3 public places in said park district and such
notice shall not become effective until 10 days after said
publication or posting.
(c) Notwithstanding any other provision of this Act,
this subsection (c) shall apply only to any park districts
that serve district which serves territory within a
municipality having of more than 40,000 inhabitants and
within a county having of more than 260,000 inhabitants and
bordering that borders the Mississippi River. Any park
district owning or holding real estate is authorized to sell
that property to any not-for-profit corporation organized
under the laws of this State upon the condition that the
corporation uses the property for public park or recreational
programs for youth. The park district shall have the right
of re-entry for breach of condition subsequent. If the
corporation stops using the property for these purposes, the
property shall revert back to ownership of the park district.
Any temporary suspension of use caused by the construction of
improvements on the property for public park or recreational
programs for youth is not a breach of condition subsequent.
Prior to the sale of the property to a not-for-profit
corporation, the park board shall hold a public meeting to
consider the proposed sale. Notice of the meeting shall be
published not less than 3 times (the first and last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is
no such newspaper, then the notice shall be posted in not
less than 3 public places in the park district. The notice
shall be published or posted at least 10 days before the
meeting. A resolution to approve the sale of the property to
a not-for-profit corporation requires adoption by a majority
of the park board.
(d) Real estate, not subject to such covenant or which
has not been conveyed and replaced as provided in this
Section, may be conveyed in the manner provided by Sections
10-7a to 10-7d hereof, inclusive.
(e) In addition to any other power provided in this
Section, any park district owning or holding real estate that
the board deems is not required for park or recreational
purposes may lease such real estate to any individual or
entity and may collect rents therefrom. Such lease shall not
exceed 2 and one-half times the term of years provided for in
Section 8-15 governing installment purchase contracts.
(Source: P.A. 89-458, eff. 5-24-96; 89-509, eff. 7-5-96;
revised 8-23-96.)
Section 2-130. The Sanitary District Act of 1917 is
amended by changing Section 4 as follows:
(70 ILCS 2405/4) (from Ch. 42, par. 303)
Sec. 4. The trustees shall constitute a board of
trustees for the district. The board of trustees is the
corporate authority of such sanitary district, and shall
exercise all the powers and manage and control all the
affairs and property of the district. The board of trustees
immediately after their appointment and at their first
meeting in May of each year thereafter, shall elect one of
their number as president, one of their number as
vice-president, and from or outside of their membership a
clerk and an assistant clerk. In case of the death,
resignation, absence from the State, or other disability of
the president, the powers, duties and emoluments of the
office of the president shall devolve upon the
vice-president, until such disability is removed or until a
successor to the president is appointed and chosen in the
manner provided in this Act. The board may select a
treasurer, engineer and attorney for the district, and a
board of local improvements consisting of 5 members in any
sanitary district which includes one or more municipalities
with a population of over 90,000 but less than 500,000
according to the most recent Federal census and consisting of
3 members in any other district, all of whom may be trustees
or other citizens of the sanitary district. The board may
appoint such other officers and hire such employees to manage
and control the operations of the district as it deems
necessary; provided, however, that the board shall not employ
an individual as a wastewater operator whose Certificate of
Technical Competency is suspended or revoked under rules
adopted by the Pollution Control Board under item (4) of
subsection (a) of Section 13 of the Environmental Protection
Act. The board may appoint a chief administrative officer
for a term not to exceed 4 years subject to removal by the
board for cause. Appointment of the chief administrative
officer may be renewed as often as the board deems necessary.
All other persons selected by the board shall hold their
respective offices during the pleasure of the board, and all
persons selected by the board shall give such bond as may be
required by the board. The board may prescribe the duties and
fix the compensation of all the officers and employees of the
sanitary district. However, no member of the board of
trustees shall receive more than $6,000 per year.
The board of trustees has full power to pass all
necessary ordinances, rules and regulations for the proper
management and conduct of the business of the board and the
corporation, and for carrying into effect the objects for
which the sanitary district was formed. Such ordinances may
provide for a fine for each offense of not less than $100 or
more than $1,000. Each day's continuance of such violation
shall be a separate offense. Fines pursuant to this Section
are recoverable by the sanitary district in a civil action.
The sanitary district is authorized to apply to the circuit
court for injunctive relief or mandamus when, in the opinion
of the chief administrative officer, such relief is necessary
to protect the sewerage system of the sanitary district.
(Source: P.A. 89-143, eff. 7-14-95; 89-502, eff. 6-28-96;
revised 8-19-96.)
Section 2-135. The School Code is amended by changing
Sections 10-21.4a, 10-22.5a, 10-22.6, 10-22.20, 13A-8, 13A-9,
18-8, 24-2, and 34-2.3 and by setting forth, changing, and
renumbering multiple versions of Section 10-22.3d as follows:
(105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
Sec. 10-21.4a. Principals - Duties. To employ
principals who hold valid supervisory or administrative
certificates who shall supervise the operation of attendance
centers as the board shall determine necessary. In an
attendance center having fewer than 4 teachers, a head
teacher who does not qualify as a principal may be assigned
in the place of a principal.
The principal shall assume administrative
responsibilities and instructional leadership, under the
supervision of the superintendent, and in accordance with
reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program
of the attendance area to which he or she is assigned.
However, in districts under a Financial Oversight Panel
pursuant to Section 1A-8 for violating a financial plan, the
duties and responsibilities of principals in relation to the
financial and business operations of the district shall be
approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information
request of the Panel, the performance of those duties shall
be subject to the direction of the Panel.
School boards shall specify in their formal job
description for principals that his or her primary
responsibility is in the improvement of instruction. A
majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and
informal activities, establishing clear lines of
communication regarding school goals, accomplishments,
practices and policies with parents and teachers.
Unless residency within a school district is made an
express condition of a person's employment or continued
employment as a principal of that school district at the time
of the person's initial employment as a principal of that
district, residency within that school district may not at
any time thereafter be made a condition of that person's
employment or continued employment as a principal of the
district, without regard to whether the person's initial
employment as a principal of the district began before or
begins on or after the effective date of this amendatory Act
of 1996 and without regard to whether that person's residency
within or outside of the district began or was changed before
or begins or changes on or after that effective date. In no
event shall residency within a school district be considered
in determining the compensation of a principal or the
assignment or transfer of a principal to an attendance center
of the district.
School boards shall ensure that their principals are
evaluated on their instructional leadership ability and their
ability to maintain a positive education and learning
climate.
It shall also be the responsibility of the principal to
utilize resources of proper law enforcement agencies when the
safety and welfare of students and teachers are threatened by
illegal use of drugs and alcohol.
The principal shall submit recommendations to the
superintendent concerning the appointment, retention,
promotion and assignment of all personnel assigned to the
attendance center.
If a principal is absent due to extended illness or leave
of absence, an assistant principal may be assigned as acting
principal for a period not to exceed 60 school days.
(Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96;
revised 9-10-96.)
(105 ILCS 5/10-22.3d)
Sec. 10-22.3d. Woman's health care provider. Insurance
protection and benefits for employees are subject to the
provisions of Section 356r of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(105 ILCS 5/10-22.3e)
Sec. 10-22.3e. 10-22.3d. Post-parturition care.
Insurance protection and benefits for employees shall provide
the post-parturition care benefits required to be covered by
a policy of accident and health insurance under Section 356s
356r of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
(105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
Sec. 10-22.5a. Attendance by foreign exchange students
and certain nonresident pupils.
(a) To enter into written agreements with cultural
exchange organizations, or with nationally recognized
eleemosynary institutions that promote excellence in the
arts, mathematics, or science. The written agreements may
provide for tuition free attendance at the local district
school by foreign exchange students, or by nonresident pupils
of eleemosynary institutions. The local board of education,
as part of the agreement, may require that the cultural
exchange program or the eleemosynary institutions provide
services to the district in exchange for the waiver of
nonresident tuition.
To enter into written agreements with adjacent school
districts to provide for tuition free attendance by a student
of the adjacent district when requested for the student's
health and safety by the student or parent and both districts
determine that the student's health or safety will be served
by such attendance. Districts shall not be required to enter
into such agreements nor be required to alter existing
transportation services due to the attendance of such
non-resident pupils.
(b) Nonresident pupils and foreign exchange students
attending school on a tuition free basis under such
agreements may be counted for the purposes of determining the
apportionment of State aid provided under Section 18-8 of
this Act. Provided that any cultural exchange organization or
eleemosynary institutions wishing to participate in an
agreement authorized under this Section must be approved in
writing by the State Board of Education. The State Board of
Education may establish reasonable rules to determine the
eligibility of cultural exchange organizations or
eleemosynary institutions wishing to participate in
agreements authorized under this Section. No organization or
institution participating in agreements authorized under this
Section may exclude any individual for participation in its
program on account of the person's race, color, sex, religion
or nationality.
(Source: P.A. 89-480, eff. 1-1-97; 89-622, eff. 8-9-96;
revised 8-19-96.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it
finds appropriate.
(b) To suspend or by regulation to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend
pupils guilty of gross disobedience or misconduct, or to
suspend pupils guilty of gross disobedience or misconduct on
the school bus from riding the school bus, and no action
shall lie against them for such suspension. The board may by
regulation authorize the superintendent of the district or
the principal, assistant principal, or dean of students of
any school to suspend pupils guilty of such acts for a period
not to exceed 10 school days. If a pupil is suspended due to
gross disobedience or misconduct on a school bus, the board
may suspend the pupil in excess of 10 school days for safety
reasons. Any suspension shall be reported immediately to the
parents or guardian of such pupil along with a full statement
of the reasons for such suspension and a notice of their
right to a review, a copy of which shall be given to the
school board. Upon request of the parents or guardian the
school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such
meeting whenever there is evidence that mental illness may be
the cause for expulsion or suspension.
(d) The board may expel a student for a definite period
of time not to exceed 2 calendar years, as determined on a
case by case basis. A student who is determined to have
brought a weapon to school, any school-sponsored activity or
event, or any activity or event which bears a reasonable
relationship to school shall be expelled for a period of not
less than one year, except that the expulsion period may be
modified by the board on a case by case basis. For purposes
of this Section, the term "weapon" means possession, use,
control or transfer of any object which may be used to cause
bodily harm, including but not limited to a weapon as defined
by Section 921 of Title 18, United States Code, firearm as
defined in Section 1.1 of the Firearm Owners Identification
Act, use of weapon as defined in Section 24-1 of the Criminal
Code, knives, guns, firearms, rifles, shotguns, brass
knuckles, billy clubs, or "look-alikes" thereof. Such items
as baseball bats, pipes, bottles, locks, sticks, pencils, and
pens may be considered weapons if used or attempted to be
used to cause bodily harm. Expulsion or suspension shall be
construed in a manner consistent with the Federal Individuals
with Disabilities Education Act. A student who is subject to
suspension or expulsion as provided in this Section may be
eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code. The
provisions of this subsection (d) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(e) To maintain order and security in the schools,
school authorities may inspect and search places and areas
such as lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school, as
well as personal effects left in those places and areas by
students, without notice to or the consent of the student,
and without a search warrant. As a matter of public policy,
the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their
personal effects left in these places and areas. School
authorities may request the assistance of law enforcement
officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school for
illegal drugs, weapons, or other illegal or dangerous
substances or materials, including searches conducted through
the use of specially trained dogs. If a search conducted in
accordance with this Section produces evidence that the
student has violated or is violating either the law, local
ordinance, or the school's policies or rules, such evidence
may be seized by school authorities, and disciplinary action
may be taken. School authorities may also turn over such
evidence to law enforcement authorities. The provisions of
this subsection (e) apply in all school districts, including
special charter districts and districts organized under
Article 34.
(Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
89-610, eff. 8-6-96; revised 9-9-96.)
(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
Sec. 10-22.20. Classes for adults and youths whose
schooling has been interrupted; Conditions for State
reimbursement; Use of child care facilities.
(a) To establish special classes for the instruction (1)
of persons of age 21 years or over, and (2) of persons less
than age 21 and not otherwise in attendance in public school,
for the purpose of providing adults in the community, and
youths whose schooling has been interrupted, with such
additional basic education, vocational skill training, and
other instruction as may be necessary to increase their
qualifications for employment or other means of self-support
and their ability to meet their responsibilities as citizens
including courses of instruction regularly accepted for
graduation from elementary or high schools and for
Americanization and General Educational Development Review
classes.
The board shall pay the necessary expenses of such
classes out of school funds of the district, including costs
of student transportation and such facilities or provision
for child-care as may be necessary in the judgment of the
board to permit maximum utilization of the courses by
students with children, and other special needs of the
students directly related to such instruction. The expenses
thus incurred shall be subject to State reimbursement, as
provided in this Section. The board may make a tuition
charge for persons taking instruction who are not subject to
State reimbursement, such tuition charge not to exceed the
per capita cost of such classes.
The cost of such instruction, including the additional
expenses herein authorized, incurred for recipients of
financial aid under the Illinois Public Aid Code, or for
persons for whom education and training aid has been
authorized under Section 9-8 of that Code, shall be assumed
in its entirety from funds appropriated by the State to the
State Board of Education.
(b) The State Board of Education and the Illinois
Community College Board shall annually enter into an
interagency agreement to implement this Section. The
interagency agreement shall establish the standards for the
courses of instruction reimbursed under this Section. The
State Board of Education shall supervise the administration
of the programs. The State Board of Education shall
determine the cost of instruction in accordance with
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement, including therein other incidental
costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of
this Section. In the approval of programs and the
determination of the cost of instruction, the State Board of
Education shall provide for the maximum utilization of
federal funds for such programs. The interagency agreement
shall also include:
(1) the development of an index of need for program
planning and for area funding allocations as defined by
the State Board of Education;
(2) the method for calculating hours of
instruction, as defined by the State Board of Education,
claimable for reimbursement and a method to phase in the
calculation and for adjusting the calculations in cases
where the services of a program are interrupted due to
circumstances beyond the control of the program provider;
(3) a plan for the reallocation of funds to
increase the amount allocated for grants based upon
program performance as set forth in subsection (d) below;
and
(4) the development of standards for determining
grants based upon performance as set forth in subsection
(d) below and a plan for the phased-in implementation of
those standards.
For instruction provided by school districts and
community college districts beginning July 1, 1996 and
thereafter, reimbursement provided by the State Board of
Education for classes authorized by this Section shall be
provided pursuant to the terms of the interagency agreement
from funds appropriated for the reimbursement criteria set
forth in subsection (c) below.
(c) Upon the annual approval of the interagency
agreement, reimbursement shall be first provided for
transportation, child care services, and other special needs
of the students directly related to instruction and then from
the funds remaining an amount equal to the product of the
total credit hours or units of instruction approved by the
State Board of Education, multiplied by the following:
(1) For adult basic education, the maximum
reimbursement per credit hour or per unit of instruction
shall be equal to the general state aid per pupil
foundation level established in subsections 5(a) through
5(d) of Section 18-8, divided by 60;
(2) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be weighted for students enrolled in classes defined as
vocational skills and approved by the State Board of
Education by 1.25;
(3) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be multiplied by .90 for students enrolled in classes
defined as adult secondary education programs and
approved by the State Board of Education;
(4) For community college districts the maximum
reimbursement per credit hour in subparagraphs (1), (2),
and (3) above shall be reduced by the Adult Basic
Education/Adult Secondary Education/English As A Second
Language credit hour grant rate prescribed in Section
2-16.02 of the Public Community College Act, as pro-rated
to the appropriation level; and
(5) Programs receiving funds under the formula that
was in effect during the 1994-1995 program year which
continue to be approved and which generate at least 80%
of the hours claimable in 1994-95, or in the case of
programs not approved in 1994-95 at least 80% of the
hours claimable in 1995-96, shall have funding for
subsequent years based upon 100% of the 1995-96 formula
funding level for 1996-97, 90% of the 1995-96 formula
funding level for 1997-98, 80% of the 1995-96 formula
funding level for 1998-99, and 70% of the 1995-96 formula
funding level for 1999-2000. For any approved program
which generates less than 80% of the claimable hours in
its base year, the level of funding pursuant to this
paragraph shall be reduced proportionately. Funding for
program years after 1999-2000 shall be pursuant to the
interagency agreement.
(d) Upon the annual approval of the interagency
agreement, the State Board of Education shall provide grants
to eligible programs for supplemental activities to improve
or expand services under the Adult Education Act. Eligible
programs shall be determined based upon performance outcomes
of students in the programs as set forth in the interagency
agreement.
(e) Reimbursement under this Section shall not exceed
the actual costs of the approved program.
If the amount appropriated to the State Board of
Education for reimbursement under this Section is less than
the amount required under this Act, the apportionment shall
be proportionately reduced.
School districts and community college districts may
assess students up to $3.00 per credit hour, for classes
other than Adult Basic Education level programs, if needed to
meet program costs.
(f) An education plan shall be established for each
adult or youth whose schooling has been interrupted and who
is participating in the instructional programs provided under
this Section.
Each school board and community college shall keep an
accurate and detailed account of the students assigned to and
receiving instruction under this Section who are subject to
State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required in the
interagency agreement.
For classes authorized under this Section, a credit hour
or unit of instruction is equal to 15 hours of direct
instruction for students enrolled in approved adult education
programs at midterm and making satisfactory progress, in
accordance with standards jointly established by the State
Board of Education and the Illinois Community College Board
as set forth in the interagency agreement.
(g) Upon proof submitted to the Illinois Department of
Human Services of the payment of all claims submitted under
this Section, that Department shall apply for federal funds
made available therefor and any federal funds so received
shall be paid into the General Revenue Fund in the State
Treasury.
School districts or community colleges providing classes
under this Section shall submit applications to the State
Board of Education for preapproval in accordance with the
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement. Payments shall be made by the State
Board of Education based upon approved programs. Interim
expenditure reports may be required by the State Board of
Education as set forth in the interagency agreement. Final
claims for the school year shall be submitted to the regional
superintendents for transmittal to the State Board of
Education as set forth in the interagency agreement. Final
adjusted payments shall be made by September 30.
If a school district or community college district fails
to provide, or is providing unsatisfactory or insufficient
classes under this Section, the State Board of Education may
enter into agreements with public or private educational or
other agencies other than the public schools for the
establishment of such classes.
(h) If a school district or community college district
establishes child-care facilities for the children of
participants in classes established under this Section, it
may extend the use of these facilities to students who have
obtained employment and to other persons in the community
whose children require care and supervision while the parent
or other person in charge of the children is employed or
otherwise absent from the home during all or part of the day.
It may make the facilities available before and after as well
as during regular school hours to school age and preschool
age children who may benefit thereby, including children who
require care and supervision pending the return of their
parent or other person in charge of their care from
employment or other activity requiring absence from the home.
The State Board of Education shall pay to the board the
cost of care in the facilities for any child who is a
recipient of financial aid under The Illinois Public Aid
Code.
The board may charge for care of children for whom it
cannot make claim under the provisions of this Section. The
charge shall not exceed per capita cost, and to the extent
feasible, shall be fixed at a level which will permit
utilization by employed parents of low or moderate income.
It may also permit any other State or local governmental
agency or private agency providing care for children to
purchase care.
After July 1, 1970 when the provisions of Section
10-20.20 become operative in the district, children in a
child-care facility shall be transferred to the kindergarten
established under that Section for such portion of the day as
may be required for the kindergarten program, and only the
prorated costs of care and training provided in the Center
for the remaining period shall be charged to the Illinois
Department of Human Services or other persons or agencies
paying for such care.
(i) The provisions of this Section shall also apply to
school districts having a population exceeding 500,000.
(Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
revised 8-15-96.)
(105 ILCS 5/13A-8)
Sec. 13A-8. Funding.
(a) The State of Illinois shall provide new and
additional funding for the alternative school programs within
each educational service region and within the Chicago public
school system by line item appropriation made to the State
Board of Education for that purpose. This money, when
appropriated, shall be provided to the regional
superintendent and to the Chicago Board of Education, who
shall establish a budget, including salaries, for all
alternative schools in that region.
(b) The school district in which the program is located
and from which a student is administratively transferred
shall, as a result of an administrative transfer, have its
average daily attendance funding with respect to that student
transferred to the alternative school program.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
89-636, eff. 8-9-96; revised 9-12-96.)
(105 ILCS 5/13A-9)
Sec. 13A-9. Transportation. Subject to the requirements
of Article 29 and except as otherwise agreed by the parents,
school and regional superintendent, the school from which a
student is administratively transferred shall provide for or
any transportation that the transfer necessitates, if
transportation is required pursuant to Section 29-3. The
regional superintendent shall coordinate all transportation
arrangements with transferring school districts. The
regional superintendent may also arrange for cooperation
between school districts in the regional superintendent's
educational service region regarding the transportation needs
of transferred students in order to reduce the costs of that
transportation and to provide greater convenience for the
students involved.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
89-636, eff. 8-9-96.)
(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
Sec. 18-8. Basis for apportionment to districts,
laboratory schools and alternative schools.
A. The amounts to be apportioned shall be determined for
each educational service region by school districts, as
follows:
1. General Provisions.
(a) In the computation of the amounts to be apportioned,
the average daily attendance of all pupils in grades 9
through 12 shall be multiplied by 1.25. The average daily
attendance of all pupils in grades 7 and 8 shall be
multiplied by 1.05.
(b) The actual number of pupils in average daily
attendance shall be computed in a one-teacher school district
by dividing the total aggregate days of pupil attendance by
the actual number of days school is in session but not more
than 30 such pupils shall be accredited for such type of
district; and in districts of 2 or more teachers, or in
districts where records of attendance are kept by session
teachers, by taking the sum of the respective averages of the
units composing the group.
(c) Pupils in average daily attendance shall be computed
upon the average of the best 3 months of pupils attendance of
the current school year except as district claims may be
later amended as provided hereinafter in this Section.
However, for any school district maintaining grades
kindergarten through 12, the "average daily attendance" shall
be computed on the average of the best 3 months of pupils
attendance of the current year in grades kindergarten through
8, added together with the average of the best 3 months of
pupils attendance of the current year in grades 9 through 12,
except as district claims may be later amended as provided in
this Section. Days of attendance shall be kept by regular
calendar months, except any days of attendance in August
shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
(d) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis of
1/6 day for every class hour of instruction of 40 minutes or
more attended pursuant to such enrollment.
(e) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the
first day of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
(f) A session of 4 or more clock hours may be counted as
a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to
use daily multiple sessions.
(g) A session of 3 or more clock hours may be counted as
a day of attendance (1) when the remainder of the school day
or at least 2 hours in the evening of that day is utilized
for an in-service training program for teachers, up to a
maximum of 5 days per school year of which a maximum of 4
days of such 5 days may be used for parent-teacher
conferences, provided a district conducts an in-service
training program for teachers which has been approved by the
State Superintendent of Education; or, in lieu of 4 such
days, 2 full days may be used, in which event each such day
may be counted as a day of attendance; and (2) when days in
addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3
or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for teachers,
and (iii) a sufficient number of minutes of school work under
the direct supervision of teachers are added to the school
days between such regularly scheduled sessions to accumulate
not less than the number of minutes by which such sessions of
3 or more clock hours fall short of 5 clock hours. Any full
days used for the purposes of this paragraph shall not be
considered for computing average daily attendance. Days
scheduled for in-service training programs, staff development
activities, or parent-teacher conferences may be scheduled
separately for different grade levels and different
attendance centers of the district.
(h) A session of not less than one clock hour teaching
of hospitalized or homebound pupils on-site or by telephone
to the classroom may be counted as 1/2 day of attendance,
however these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
(i) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils in
full day kindergartens, and a session of 2 or more hours may
be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(j) For children with disabilities who are below the age
of 6 years and who cannot attend two or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational needs
so require a session of 4 or more clock hours may be counted
as a full day of attendance.
(k) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more than
1/2 day of attendance counted in any 1 day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. Where a pupil attends such a
kindergarten for 2 half days on any one school day, such
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted except in
case of children who entered the kindergarten in their fifth
year whose educational development requires a second year of
kindergarten as determined under the rules and regulations of
the State Board of Education.
(l) Days of attendance by tuition pupils shall be
accredited only to the districts that pay the tuition to a
recognized school.
(m) The greater of the immediately preceding year's
weighted average daily attendance or the average of the
weighted average daily attendance of the immediately
preceding year and the previous 2 years shall be used.
For any school year beginning July 1, 1986 or thereafter,
if the weighted average daily attendance in either grades
kindergarten through 8 or grades 9 through 12 of a district
as computed for the first calendar month of the current
school year exceeds by more than 5%, but not less than 25
pupils, the district's weighted average daily attendance for
the first calendar month of the immediately preceding year
in, respectively, grades kindergarten through 8 or grades 9
through 12, a supplementary payment shall be made to the
district equal to the difference in the amount of aid the
district would be paid under this Section using the weighted
average daily attendance in the district as computed for the
first calendar month of the current school year and the
amount of aid the district would be paid using the weighted
average daily attendance in the district for the first
calendar month of the immediately preceding year. Such
supplementary State aid payment shall be paid to the district
as provided in Section 18-8.4 and shall be treated as
separate from all other payments made pursuant to this
Section 18-8.
(n) The number of low income eligible pupils in a
district shall result in an increase in the weighted average
daily attendance calculated as follows: The number of low
income pupils shall increase the weighted ADA by .53 for each
student adjusted by dividing the percent of low income
eligible pupils in the district by the ratio of eligible low
income pupils in the State to the best 3 months' weighted
average daily attendance in the State. In no case may the
adjustment under this paragraph result in a greater weighting
than .625 for each eligible low income student. The number
of low income eligible pupils in a district shall be the
low-income eligible count from the most recently available
federal census and the weighted average daily attendance
shall be calculated in accordance with the other provisions
of this paragraph.
(o) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school
year any claim upon the common school fund. In case of
nonrecognition of one or more attendance centers in a school
district otherwise operating recognized schools, the claim of
the district shall be reduced in the proportion which the
average daily attendance in the attendance center or centers
bear to the average daily attendance in the school district.
A "recognized school" means any public school which meets the
standards as established for recognition by the State Board
of Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal claim
which was filed while it was recognized.
(p) School district claims filed under this Section are
subject to Sections 18-9, 18-10 and 18-12, except as herein
otherwise provided.
(q) The State Board of Education shall secure from the
Department of Revenue the value as equalized or assessed by
the Department of Revenue of all taxable property of every
school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September
30 of the previous year. The Department of Revenue shall add
to the equalized assessed value of all taxable property of
each school district situated entirely or partially within a
county with 2,000,000 or more inhabitants an amount equal to
the total amount by which the homestead exemptions allowed
under Sections 15-170 and 15-175 of the Property Tax Code for
real property situated in that school district exceeds the
total amount that would have been allowed in that school
district as homestead exemptions under those Sections if the
maximum reduction under Section 15-170 of the Property Tax
Code was $2,000 and the maximum reduction under Section
15-175 of the Property Tax Code was $3,500. The county clerk
of any county with 2,000,000 or more inhabitants shall
annually calculate and certify to the Department for each
school district all homestead exemption amounts required by
this amendatory Act of 1992. In a new district which has not
had any tax rates yet determined for extension of taxes, a
leveled uniform rate shall be computed from the latest amount
of the fund taxes extended on the several areas within such
new district.
(r) If a school district operates a full year school
under Section 10-19.1, the general state aid to the school
district shall be determined by the State Board of Education
in accordance with this Section as near as may be applicable.
2. New or recomputed claim. The general State aid
entitlement for a newly created school district or a district
which has annexed an entire school district shall be computed
using attendance, compensatory pupil counts, equalized
assessed valuation, and tax rate data which would have been
used had the district been in existence for 3 years. General
State aid entitlements shall not be recomputed except as
permitted herein.
3. Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
4. Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
5. Computation of State aid. The State grant shall be
determined as follows:
(a) The State shall guarantee the amount of money that a
district's operating tax rate as limited in other Sections of
this Act would produce if every district maintaining grades
kindergarten through 12 had an equalized assessed valuation
equal to $74,791 per weighted ADA pupil; every district
maintaining grades kindergarten through 8 had an equalized
assessed valuation of $108,644 per weighted ADA pupil; and
every district maintaining grades 9 through 12 had an
equalized assessed valuation of $187,657 per weighted ADA
pupil. The State Board of Education shall adjust the
equalized assessed valuation amounts stated in this
paragraph, if necessary, to conform to the amount of the
appropriation approved for any fiscal year.
(b) The operating tax rate to be used shall consist of
all district taxes extended for all purposes except community
college educational purposes for the payment of tuition under
Section 6-1 of the Public Community College Act, Bond and
Interest, Summer School, Rent, Capital Improvement and
Vocational Education Building. Any district may elect to
exclude Transportation from the calculation of its operating
tax rate. Districts may include taxes extended for the
payment of principal and interest on bonds issued under the
provisions of Sections 17-2.11a and 20-2 at a rate of .05%
per year for each purpose or the actual rate extended,
whichever is less.
(c) For calculation of aid under this Act a district
shall use the combined authorized tax rates of all funds not
exempt in (b) above, not to exceed 2.76% of the value of all
its taxable property as equalized or assessed by the
Department of Revenue for districts maintaining grades
kindergarten through 12; 1.90% of the value of all its
taxable property as equalized or assessed by the Department
of Revenue for districts maintaining grades kindergarten
through 8 only; 1.10% of the value of all its taxable
property as equalized or assessed by the Department of
Revenue for districts maintaining grades 9 through 12 only.
A district may, however, as provided in Article 17, increase
its operating tax rate above the maximum rate provided in
this subsection without affecting the amount of State aid to
which it is entitled under this Act.
(d) (1) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsections 5(b) and (c) of less than 2.18%, and districts
maintaining grades kindergarten through 8 with an operating
tax rate of less than 1.28%, State aid shall be computed by
multiplying the difference between the guaranteed equalized
assessed valuation per weighted ADA pupil in subsection 5(a)
and the equalized assessed valuation per weighted ADA pupil
in the district by the operating tax rate, multiplied by the
weighted average daily attendance of the district; provided,
however, that for the 1989-1990 school year only, a school
district maintaining grades kindergarten through 8 whose
operating tax rate with reference to which its general State
aid for the 1989-1990 school year is determined is less than
1.28% and more than 1.090%, and which had an operating tax
rate of 1.28% or more for the previous year, shall have its
general State aid computed according to the provisions of
subsection 5(d)(2).
(2) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsection 5(b) and (c) of 2.18% and above, the State aid
shall be computed as provided in subsection (d) (1) but as
though the district had an operating tax rate of 2.76%; in
K-8 districts with an operating tax rate of 1.28% and above,
the State aid shall be computed as provided in subsection (d)
(1) but as though the district had an operating tax rate of
1.90%; and in 9-12 districts, the State aid shall be computed
by multiplying the difference between the guaranteed
equalized assessed valuation per weighted average daily
attendance pupil in subsection 5(a) and the equalized
assessed valuation per weighted average daily attendance
pupil in the district by the operating tax rate, not to
exceed 1.10%, multiplied by the weighted average daily
attendance of the district. State aid computed under the
provisions of this subsection (d) (2) shall be treated as
separate from all other payments made pursuant to this
Section. The State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Common School
Fund the amounts necessary to permit these claims to be paid
in equal installments along with other State aid payments
remaining to be made for the 1983-1984 school year under this
Section.
(3) For any school district whose 1995 equalized
assessed valuation is at least 6% less than its 1994
equalized assessed valuation as the result of a reduction in
the equalized assessed valuation of the taxable property
within such district of any one taxpayer whose taxable
property within the district has a 1994 equalized assessed
valuation constituting at least 20% of the 1994 equalized
assessed valuation of all taxable property within the
district, the 1996-97 State aid of such district shall be
computed using its 1995 equalized assessed valuation.
(4) For any school district whose 1988 equalized
assessed valuation is 55% or less of its 1981 equalized
assessed valuation, the 1990-91 State aid of such district
shall be computed by multiplying the 1988 equalized assessed
valuation by a factor of .8. Any such school district which
is reorganized effective for the 1991-92 school year shall
use the formula provided in this subparagraph for purposes of
the calculation made pursuant to subsection (m) of this
Section.
(e) The amount of State aid shall be computed under the
provisions of subsections 5(a) through 5(d) provided the
equalized assessed valuation per weighted ADA pupil is less
than .87 of the amounts in subsection 5(a). If the equalized
assessed valuation per weighted ADA pupil is equal to or
greater than .87 of the amounts in subsection 5(a), the State
aid shall be computed under the provisions of subsection
5(f).
(f) If the equalized assessed valuation per weighted ADA
pupil is equal to or greater than .87 of the amounts in
subsection 5(a), the State aid per weighted ADA pupil shall
be computed by multiplying the product of .13 times the
maximum per pupil amount computed under the provisions of
subsections 5(a) through 5(d) by an amount equal to the
quotient of .87 times the equalized assessed valuation per
weighted ADA pupil in subsection 5(a) for that type of
district divided by the district equalized valuation per
weighted ADA pupil except in no case shall the district
receive State aid per weighted ADA pupil of less than .07
times the maximum per pupil amount computed under the
provisions of subsections 5(a) through 5(d).
(g) In addition to the above grants, summer school
grants shall be made based upon the calculation as provided
in subsection 4 of this Section.
(h) The board of any district receiving any of the
grants provided for in this Section may apply those funds to
any fund so received for which that board is authorized to
make expenditures by law.
(i) (1) (a) In school districts with an average daily
attendance of 50,000 or more, the amount which is provided
under subsection 1(n) of this Section by the application of a
base Chapter 1 weighting factor of .375 shall be distributed
to the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance center
who are eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966 and
under the National School Lunch Act during the immediately
preceding school year. The amount of State aid provided
under subsection 1(n) of this Section by the application of
the Chapter 1 weighting factor in excess of .375 shall be
distributed to the attendance centers within the district in
proportion to the total enrollment at each attendance center.
Beginning with school year 1989-90, and each school year
thereafter, all funds provided under subsection 1 (n) of this
Section by the application of the Chapter 1 weighting factor
which are in excess of the level of non-targeted Chapter 1
funds in school year 1988-89 shall be distributed to
attendance centers, and only to attendance centers, within
the district in proportion to the number of pupils enrolled
at each attendance center who are eligible to receive free or
reduced price lunches or breakfasts under the Federal Child
Nutrition Act and under the National School Lunch Act during
the immediately preceding school year. Beginning in school
year 1989-90, 25% of the previously non-targeted Chapter 1
funds as established for school year 1988-89 shall also be
distributed to the attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year; in
school year 1990-91, 50% of the previously non-targeted
Chapter 1 funds as established for school year 1988-89 shall
be distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive such free or reduced price lunches or breakfasts
during the immediately preceding school year; in school year
1991-92, 75% of the previously non-targeted Chapter 1 funds
as established for school year 1988-89 shall be distributed
to attendance centers, and only to attendance centers, in the
district in proportion to the number of pupils enrolled at
each attendance center who are eligible to receive such free
or reduced price lunches or breakfasts during the immediately
preceding school year; in school year 1992-93 and thereafter,
all funds provided under subsection 1 (n) of this Section by
the application of the Chapter 1 weighting factor shall be
distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year;
provided, however, that the distribution formula in effect
beginning with school year 1989-90 shall not be applicable to
such portion of State aid provided under subsection 1 (n) of
this Section by the application of the Chapter 1 weighting
formula as is set aside and appropriated by the school
district for the purpose of providing desegregation programs
and related transportation to students (which portion shall
not exceed 5% of the total amount of State aid which is
provided under subsection 1 (n) of this Section by
application of the Chapter 1 weighting formula), and the
relevant percentages shall be applied to the remaining
portion of such State aid. The distribution of these
portions of general State aid among attendance centers
according to these requirements shall not be compensated for
or contravened by adjustments of the total of other funds
appropriated to any attendance centers. (b) The Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior to
the opening of school. The Board of Education shall apply
savings from reduced administrative costs required under
Section 34-43.1 and growth in non-Chapter 1 State and local
funds to assure that all attendance centers receive funding
to replace losses due to redistribution of Chapter 1 funding.
The distribution formula and funding to replace losses due to
the distribution formula shall occur, in full, using any and
all sources available, including, if necessary, revenue from
administrative reductions beyond those required in Section
34-43.1, in order to provide the necessary funds. (c) Each
attendance center shall be provided by the school district a
distribution of noncategorical funds and other categorical
funds to which an attendance center is entitled under law in
order that the State aid provided by application of the
Chapter 1 weighting factor and required to be distributed
among attendance centers according to the requirements of
this paragraph supplements rather than supplants the
noncategorical funds and other categorical funds provided by
the school district to the attendance centers.
Notwithstanding the foregoing provisions of this subsection
5(i)(1) or any other law to the contrary, beginning with the
1995-1996 school year and for each school year thereafter,
the board of a school district to which the provisions of
this subsection apply shall be required to allocate or
provide to attendance centers of the district in any such
school year, from the State aid provided for the district
under this Section by application of the Chapter 1 weighting
factor, an aggregate amount of not less than $261,000,000 of
State Chapter 1 funds. Any State Chapter 1 funds that by
reason of the provisions of this paragraph are not required
to be allocated and provided to attendance centers may be
used and appropriated by the board of the district for any
lawful school purpose. Chapter 1 funds received by an
attendance center (except those funds set aside for
desegregation programs and related transportation to
students) shall be used on the schedule cited in this Section
at the attendance center at the discretion of the principal
and local school council for programs to improve educational
opportunities at qualifying schools through the following
programs and services: early childhood education, reduced
class size or improved adult to student classroom ratio,
enrichment programs, remedial assistance, attendance
improvement and other educationally beneficial expenditures
which supplement the regular and basic programs as determined
by the State Board of Education. Chapter 1 funds shall not
be expended for any political or lobbying purposes as defined
by board rule. (d) Each district subject to the provisions of
this paragraph shall submit an acceptable plan to meet the
educational needs of disadvantaged children, in compliance
with the requirements of this paragraph, to the State Board
of Education prior to July 15 of each year. This plan shall
be consistent with the decisions of local school councils
concerning the school expenditure plans developed in
accordance with part 4 of Section 34-2.3. The State Board
shall approve or reject the plan within 60 days after its
submission. If the plan is rejected the district shall give
written notice of intent to modify the plan within 15 days of
the notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of intent
to modify. Districts may amend approved plans pursuant to
rules promulgated by the State Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by said plan or modified plan shall
be withheld by the State Board of Education until a plan or
modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in addition
to the funds otherwise required by this subparagraph, to
those attendance centers which were underfunded during the
previous year in amounts equal to such underfunding.
For purposes of determining compliance with this
subsection in relation to Chapter 1 expenditures, each
district subject to the provisions of this subsection shall
submit as a separate document by December 1 of each year a
report of Chapter 1 expenditure data for the prior year in
addition to any modification of its current plan. If it is
determined that there has been a failure to comply with the
expenditure provisions of this subsection regarding
contravention or supplanting, the State Superintendent of
Education shall, within 60 days of receipt of the report,
notify the district and any affected local school council.
The district shall within 45 days of receipt of that
notification inform the State Superintendent of Education of
the remedial or corrective action to be taken, whether by
amendment of the current plan, if feasible, or by adjustment
in the plan for the following year. Failure to provide the
expenditure report or the notification of remedial or
corrective action in a timely manner shall result in a
withholding of the affected funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this subsection
5(i)(1). No funds shall be released under subsection 1(n) of
this Section or under this subsection 5(i)(1) to any district
which has not submitted a plan which has been approved by the
State Board of Education.
(2) School districts with an average daily attendance of
more than 1,000 and less than 50,000 and having a low income
pupil weighting factor in excess of .53 shall submit a plan
to the State Board of Education prior to October 30 of each
year for the use of the funds resulting from the application
of subsection 1(n) of this Section for the improvement of
instruction in which priority is given to meeting the
education needs of disadvantaged children. Such plan shall
be submitted in accordance with rules and regulations
promulgated by the State Board of Education.
(j) For the purposes of calculating State aid under this
Section, with respect to any part of a school district within
a redevelopment project area in respect to which a
municipality has adopted tax increment allocation financing
pursuant to the Tax Increment Allocation Redevelopment Act,
Sections 11-74.4-1 through 11-74.4-11 of the Illinois
Municipal Code or the Industrial Jobs Recovery Law, Sections
11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
no part of the current equalized assessed valuation of real
property located in any such project area which is
attributable to an increase above the total initial equalized
assessed valuation of such property shall be used in
computing the equalized assessed valuation per weighted ADA
pupil in the district, until such time as all redevelopment
project costs have been paid, as provided in Section
11-74.4-8 of the Tax Increment Allocation Redevelopment Act
or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
For the purpose of computing the equalized assessed valuation
per weighted ADA pupil in the district the total initial
equalized assessed valuation or the current equalized
assessed valuation, whichever is lower, shall be used until
such time as all redevelopment project costs have been paid.
(k) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
State aid otherwise payable to that district under this
Section, other than State aid attributable to Chapter 1
students, shall be reduced by an amount equal to the budget
for the operations of the Authority as certified by the
Authority to the State Board of Education, and an amount
equal to such reduction shall be paid to the Authority
created for such district for its operating expenses in the
manner provided in Section 18-11. The remainder of State
school aid for any such district shall be paid in accordance
with Article 34A when that Article provides for a disposition
other than that provided by this Article.
(l) For purposes of calculating State aid under this
Section, the equalized assessed valuation for a school
district used to compute State aid shall be determined by
adding to the real property equalized assessed valuation for
the district an amount computed by dividing the amount of
money received by the district under the provisions of "An
Act in relation to the abolition of ad valorem personal
property tax and the replacement of revenues lost thereby",
certified August 14, 1979, by the total tax rate for the
district. For purposes of this subsection 1976 tax rates
shall be used for school districts in the county of Cook and
1977 tax rates shall be used for school districts in all
other counties.
(m) (1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence or
if the new district was formed after October 31, 1982 and
prior to September 23, 1985, for the year immediately
following September 23, 1985, the State aid calculated under
this Section shall be computed for the new district and for
the previously existing districts for which property is
totally included within the new district. If the computation
on the basis of the previously existing districts is greater,
a supplementary payment equal to the difference shall be made
for the first 3 years of existence of the new district or if
the new district was formed after October 31, 1982 and prior
to September 23, 1985, for the 3 years immediately following
September 23, 1985.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the State
aid calculated under this Section shall be computed for the
annexing district as constituted after the annexation and for
the annexing and each annexed district as constituted prior
to the annexation; and if the computation on the basis of the
annexing and annexed districts as constituted prior to the
annexation is greater, a supplementary payment equal to the
difference shall be made for the first 3 years of existence
of the annexing school district as constituted upon such
annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the State aid calculated under this
Section shall be computed for each annexing or resulting
district as constituted after the annexation or division and
for each annexing and annexed district, or for each resulting
and divided district, as constituted prior to the annexation
or division; and if the aggregate of the State aid as so
computed for the annexing or resulting districts as
constituted after the annexation or division is less than the
aggregate of the State aid as so computed for the annexing
and annexed districts, or for the resulting and divided
districts, as constituted prior to the annexation or
division, then a supplementary payment equal to the
difference shall be made and allocated between or among the
annexing or resulting districts, as constituted upon such
annexation or division, for the first 3 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(4) If a unit school district annexes all the territory
of another unit school district effective for all purposes
pursuant to Section 7-9 on July 1, 1988, and if part of the
annexed territory is detached within 90 days after July 1,
1988, then the detachment shall be disregarded in computing
the supplementary State aid payments under this paragraph (m)
for the entire 3 year period and the supplementary State aid
payments shall not be diminished because of the detachment.
(5) Any supplementary State aid payment made under this
paragraph (m) shall be treated as separate from all other
payments made pursuant to this Section.
(n) For the purposes of calculating State aid under this
Section, the real property equalized assessed valuation for a
school district used to compute State aid shall be determined
by subtracting from the real property value as equalized or
assessed by the Department of Revenue for the district an
amount computed by dividing the amount of any abatement of
taxes under Section 18-170 of the Property Tax Code by the
maximum operating tax rates specified in subsection 5(c) of
this Section and an amount computed by dividing the amount of
any abatement of taxes under subsection (a) of Section 18-165
of the Property Tax Code by the maximum operating tax rates
specified in subsection 5(c) of this Section.
(o) Notwithstanding any other provisions of this
Section, for the 1996-1997 school year the amount of the
aggregate general State aid entitlement that is received
under this Section by each school district for that school
year shall be not less than the amount of the aggregate
general State aid entitlement that was received by the
district under this Section for the 1995-1996 school year. If
a school district is to receive an aggregate general State
aid entitlement under this Section for the 1996-1997 school
year that is less than the amount of the aggregate general
State aid entitlement that the district received under this
Section for the 1995-1996 school year, the school district
shall also receive, from a separate appropriation made for
purposes of this paragraph (o), a supplementary payment that
is equal to the amount by which the general State aid
entitlement received by the district under this Section for
the 1995-1996 school year exceeds the general State aid
entitlement that the district is to receive under this
Section for the 1996-1997 school year. If the amount
appropriated for supplementary payments to school districts
under this paragraph (o) is insufficient for that purpose,
the supplementary payments that districts are to receive
under this paragraph shall be prorated according to the
aggregate amount of the appropriation made for purposes of
this paragraph.
B. In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent, the State Board of
Education shall require by rule such reporting requirements
as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection B may not increase
the number of students enrolled in its laboratory school from
a single district, if that district is already sending 50 or
more students, except under a mutual agreement between the
school board of a student's district of residence and the
university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the average daily
attendance of the school's students by month. The best 3
months' average daily attendance shall be computed for each
school. The weighted average daily attendance shall be
computed and the weighted average daily attendance for the
school's most recent 3 year average shall be compared to the
most recent weighted average daily attendance, and the
greater of the 2 shall be used for the calculation under this
subsection B. The general State aid entitlement shall be
computed by multiplying the school's student count by the
foundation level as determined under this Section.
(Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
eff. 8-16-96; revised 9-10-96.)
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
Sec. 24-2. Holidays. Teachers shall not be required to
teach on Saturdays; nor shall teachers or other school
employees, other than noncertificated school employees whose
presence is necessary because of an emergency or for the
continued operation and maintenance of school facilities or
property, be required to work on legal school holidays, which
are January 1, New Year's Day; the third Monday in January,
the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the first Monday in
March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law;
July 4, Independence Day; the first Monday in September,
Labor Day; the second Monday in October, Columbus Day;
November 11, Veteran's Day; the Thursday in November commonly
called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their
judgment such action is advisable, except that no school
board or board of education in a school district having a
population exceeding 500,000 the board of education may not
designate or observe as a legal or special holiday on which
teachers or other school employees are not required to work
the days on which general elections for members of the
Illinois House of Representatives are held. No deduction
shall be made from the time or compensation of a school
employee on account of any legal or special holiday.
Commemorative holidays, which recognize specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school days. Commemorative holidays
are: January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February
15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
Veterans Day), the school day immediately preceding Veteran's
Day (Korean War Veterans Day), October 1 (Recycling Day),
December 7 (Pearl Harbor Veterans Day) and any day so
appointed by the President or Governor. School boards may
establish commemorative holidays whenever in their judgment
such action is advisable. School boards shall include
instruction relative to commemorated persons, activities, or
events on the commemorative holiday or at any other time
during the school year and at any point in the curriculum
when such instruction may be deemed appropriate. The State
Board of Education shall prepare and make available to school
boards instructional materials relative to commemorated
persons, activities, or events which may be used by school
boards in conjunction with any instruction provided pursuant
to this paragraph.
City of Chicago School District 299 shall observe March 4
of each year as a commemorative holiday. This holiday shall
be known as Mayors' Day which shall be a day to commemorate
and be reminded of the past Chief Executive Officers of the
City of Chicago, and in particular the late Mayor Richard J.
Daley and the late Mayor Harold Washington. If March 4 falls
on a Saturday or Sunday, Mayors' Day shall be observed on the
following Monday.
(Source: P.A. 89-610, eff. 8-6-96; 89-622, eff. 8-9-96;
revised 9-9-96.)
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
Sec. 34-2.3. Local school councils - Powers and duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
1. To evaluate the performance of the principal of the
attendance center taking into consideration the annual
evaluation of the principal conducted by the general
superintendent pursuant to subsection (h) of Section 34-8.3,
to determine in the manner provided by subsection (c) of
Section 34-2.2 whether the performance contract of the
principal shall be renewed, and to directly select in the
manner provided by subsection (c) of Section 34-2.2 a new
principal (including a new principal to fill a vacancy) --
without submitting any list of candidates for that position
to the general superintendent as provided in paragraph 2 of
this Section -- to serve under a 4 year performance contract;
provided that (i) the determination of whether the
principal's performance contract is to be renewed and -- in
cases where such performance contract is not renewed -- a
direct selection of a new principal -- to serve under a 4
year performance contract shall be made by the local school
council by April 15 of the calendar year in which the current
performance contract of the principal expires, and (ii) a
direct selection by the local school council of a new
principal to fill a vacancy under a 4 year performance
contract shall be made within 90 days after the date such
vacancy occurs. A Council shall be required, if requested by
the principal, to provide in writing the reasons for the
council's not renewing the principal's contract.
2. In the event (i) the local school council does not
renew the performance contract of the principal, or the
principal fails to receive a satisfactory rating as provided
in subsection (h) of Section 34-8.3, or the principal is
removed for cause during the term of his or her performance
contract in the manner provided by Section 34-85, or a
vacancy in the position of principal otherwise occurs prior
to the expiration of the term of a principal's performance
contract, and (ii) the local school council fails to directly
select a new principal (including a new principal to fill a
vacancy) to serve under a 4 year performance contract, the
local school council in such event shall submit to the
general superintendent a list of 3 candidates -- listed in
the local school council's order of preference -- for the
position of principal, one of which shall be selected by the
general superintendent to serve as principal of the
attendance center. If the general superintendent fails or
refuses to select one of the candidates on the list to serve
as principal within 30 days after being furnished with the
candidate list, the local school council within 15 days after
such failure or refusal shall itself select one of the
candidates from the list as principal of the attendance
center. There shall be no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates for,
and the selection of a candidate to serve as principal of an
attendance center. No person shall be directly selected,
listed as a candidate for, or selected to serve as principal
of an attendance center (i) if such person has been removed
for cause from employment by the Board or (ii) if such person
does not hold a valid administrative certificate issued or
exchanged under Article 21 and endorsed as required by that
Article for the position of principal. A principal whose
performance contract is not renewed as provided under
subsection (c) of Section 34-2.2 may nevertheless, if
otherwise qualified and certified as herein provided and if
he or she has received a satisfactory rating as provided in
subsection (h) of Section 34-8.3, be included by a local
school council as one of the 3 candidates listed in order of
preference on any candidate list from which one person is to
be selected to serve as principal of the attendance center
under a new performance contract. The initial candidate list
required to be submitted by a local school council to the
general superintendent in cases where the local school
council does not renew the performance contract of its
principal and does not directly select a new principal to
serve under a 4 year performance contract shall be submitted
not later than May 1 of the calendar year in which such
performance contract expires. In cases where a principal is
removed for cause or a vacancy otherwise occurs in the
position of principal and the vacancy is not filled by direct
selection by the local school council, the candidate list
shall be submitted by the local school council to the general
superintendent not later than 90 days after the date such
removal or vacancy occurs.
2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
3. To establish additional criteria to be included as
part of the performance contract of its principal, provided
that such additional criteria shall not discriminate on the
basis of race, sex, creed, color or disability unrelated to
ability to perform, and shall not be inconsistent with the
uniform 4 year performance contract for principals developed
by the board as provided in Section 34-8.1 of the School Code
or with other provisions of this Article governing the
authority and responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3
shall be consistent with and subject to the terms of any
contract for services with a third party entered into by the
Chicago School Reform Board of Trustees or the board under
this Act.
Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local school council,
the Council may transfer allocations pursuant to Section
34-2.3 within funds; provided that such a transfer is
consistent with applicable law and collective bargaining
agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total
fiscal year budget for distribution on a prioritized basis to
schools throughout the school system in order to assure
adequate programs to meet the needs of special student
populations as determined by the Board. This distribution
shall take into account the needs catalogued in the
Systemwide Plan and the various local school improvement
plans of the local school councils. Information about these
centrally funded programs shall be distributed to the local
school councils so that their subsequent planning and
programming will account for these provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum
amount to each local school based upon such formula as the
board shall determine taking into account the special needs
of the student body. The local school principal shall
develop an expenditure plan in consultation with the local
school council, the professional personnel advisory committee
and with all other school personnel, which reflects the
priorities and activities as described in the school's local
school improvement plan and is consistent with applicable law
and collective bargaining agreements and with board policies
and standards; however, the local school council shall have
the right to request waivers of board policy from the board
of education and waivers of employee collective bargaining
agreements pursuant to Section 34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds
equal to the amount appropriated in the previous school
year for compensation for teachers (regular grades
kindergarten through 12th grade) plus whatever increases
in compensation have been negotiated contractually or
through longevity as provided in the negotiated
agreement. Adjustments shall be made due to layoff or
reduction in force, lack of funds or work, change in
subject requirements, enrollment changes, or contracts
with third parties for the performance of services or to
rectify any inconsistencies with system-wide allocation
formulas or for other legitimate reasons.
b. Other personnel: Funds for other teacher
certificated and uncertificated personnel paid through
non-categorical funds shall be provided according to
system-wide formulas based on student enrollment and the
special needs of the school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).
d.1. Funds for State Title I: Each school shall
receive funds based on State and Board requirements
applicable to each State Title I pupil provided to meet
the special needs of the student body. Each school shall
receive the proportion of funds as provided in Section
18-8 to which they are entitled. These funds shall be
spent only with the budgetary approval of the Local
School Council as provided in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new
ones consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall
have the right to direct the principal to shift
expenditures within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall
be available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the
board pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the
opportunity to make recommendations concerning the plan. At
least twice a year the principal and local school council
shall report publicly on progress and problems with respect
to plan implementation.
8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent
with and in furtherance of instructional objectives and
school programs reflective of the school improvement plan
adopted for the attendance center; and to make
recommendations to the board, the general superintendent and
the principal concerning any reallocation of teaching
resources or other staff whenever the council determines that
any such reallocation is appropriate because the
qualifications of any existing staff at the attendance center
do not adequately match or support instructional objectives
or school programs which reflect the school improvement plan.
9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local
school council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained
in the System-Wide Educational Reform Goals and Objectives
Plan, criteria for evaluation of performance shall be
established for local school councils and local school
council members. If a local school council persists in
noncompliance with systemwide requirements, the Board may
impose sanctions and take necessary corrective action,
consistent with Section 34-8.3.
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local
school council shall convene at least 2 well-publicized
meetings annually with its entire school community. These
meetings shall include presentation of the proposed local
school improvement plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity
for public comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform
or dress code policy that governs the attendance center and
that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred;
and (ii) shall include criteria and procedures under which
the local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable
school uniform or dress code policy. A student whose parents
or legal guardians object on religious grounds to the
student's compliance with an applicable school uniform or
dress code policy shall not be required to comply with that
policy if the student's parents or legal guardians present to
the local school council a signed statement of objection
detailing the grounds for the objection.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 88-85; 88-511; 88-686, eff. 1-24-95; 89-15,
eff. 5-30-95; 89-610, eff. 8-6-96; 89-636, eff. 8-9-96;
revised 9-9-96.)
Section 2-140. The Illinois Banking Act is amended by
changing Sections 2, 13, 47, and 48 as follows:
(205 ILCS 5/2) (from Ch. 17, par. 302)
Sec. 2. General definitions. In this Act, unless the
context otherwise requires, the following words and phrases
shall have the following meanings:
"Accommodation party" shall have the meaning ascribed to
that term in Section 3-415 of the Uniform Commercial Code.
"Action" in the sense of a judicial proceeding includes
recoupments, counterclaims, set-off, and any other proceeding
in which rights are determined.
"Affiliate facility" of a bank means a main banking
premises or branch of another commonly owned bank. The main
banking premises or any branch of a bank may be an "affiliate
facility" with respect to one or more other commonly owned
banks.
"Appropriate federal banking agency" means the Federal
Deposit Insurance Corporation, the Federal Reserve Bank of
Chicago, or the Federal Reserve Bank of St. Louis, as
determined by federal law.
"Bank" means any person doing a banking business whether
subject to the laws of this or any other jurisdiction.
A "banking house", "branch", "branch bank" or "branch
office" shall mean any place of business of a bank at which
deposits are received, checks paid, or loans made, but shall
not include any place at which only records thereof are made,
posted, or kept. A place of business at which deposits are
received, checks paid, or loans made shall not be deemed to
be a branch, branch bank, or branch office if the place of
business is adjacent to and connected with the main banking
premises, or if it is separated from the main banking
premises by not more than an alley; provided always that (i)
if the place of business is separated by an alley from the
main banking premises there is a connection between the two
by public or private way or by subterranean or overhead
passage, and (ii) if the place of business is in a building
not wholly occupied by the bank, the place of business shall
not be within any office or room in which any other business
or service of any kind or nature other than the business of
the bank is conducted or carried on. A place of business at
which deposits are received, checks paid, or loans made shall
not be deemed to be a branch, branch bank, or branch office
(i) of any bank if the place is an automatic teller machine
established and maintained in accordance with paragraph (16)
of Section 5 of this Act, or (ii) of any bank if the place is
a point of sale terminal established and maintained in
accordance with paragraph (17) of Section 5 of this Act, or
(iii) of a commonly owned bank by virtue of transactions
conducted at that place on behalf of the other commonly owned
bank under paragraph (23) of Section 5 of this Act if the
place is an affiliate facility with respect to the other
bank.
"Branch of an out-of-state bank" means a branch
established or maintained in Illinois by an out-of-state bank
as a result of a merger between an Illinois bank and the
out-of-state bank that occurs on or after May 31, 1997, or
any branch established by the out-of-state bank following the
merger.
"Call report fee" means the fee to be paid to the
Commissioner by each State bank pursuant to paragraph (a) of
subsection (3) of Section 48 of this Act.
"Capital" includes the aggregate of outstanding capital
stock and preferred stock.
"Cash flow reserve account" means the account within the
books and records of the Commissioner of Banks and Real
Estate used to record funds designated to maintain a
reasonable Bank and Trust Company Fund operating balance to
meet agency obligations on a timely basis.
"Charter" includes the original charter and all
amendments thereto and articles of merger or consolidation.
"Commissioner" means the Commissioner of Banks and Real
Estate or a person authorized by the Commissioner, the Office
of Banks and Real Estate Act, or this Act to act in the
Commissioner's stead.
"Commonly owned banks" means 2 or more banks that each
qualify as a bank subsidiary of the same bank holding company
pursuant to Section 18 of the Federal Deposit Insurance Act;
"commonly owned bank" refers to one of a group of commonly
owned banks but only with respect to one or more of the other
banks in the same group.
"Community" means a city, village, or incorporated town
in this State.
"Company" means a corporation, partnership, business
trust, association, or similar organization and, unless
specifically excluded, includes a "State bank" and a "bank".
"Consolidating bank" means a party to a consolidation.
"Consolidation" takes place when 2 or more banks, or a
trust company and a bank, are extinguished and by the same
process a new bank is created, taking over the assets and
assuming the liabilities of the banks or trust company
passing out of existence.
"Continuing bank" means a merging bank, the charter of
which becomes the charter of the resulting bank.
"Converting bank" means a State bank converting to become
a national bank, or a national bank converting to become a
State bank.
"Converting trust company" means a trust company
converting to become a State bank.
"Court" means a court of competent jurisdiction.
"Eligible depository institution" means an insured
savings association that is in default, an insured savings
association that is in danger of default, a State or national
bank that is in default or a State or national bank that is
in danger of default, as those terms are defined in this
Section, or a new bank as that term defined in Section 11(m)
of the Federal Deposit Insurance Act or a bridge bank as that
term is defined in Section 11(n) of the Federal Deposit
Insurance Act or a new federal savings association authorized
under Section 11(d)(2)(f) of the Federal Deposit Insurance
Act.
"Fiduciary" means trustee, agent, executor,
administrator, committee, guardian for a minor or for a
person under legal disability, receiver, trustee in
bankruptcy, assignee for creditors, or any holder of similar
position of trust.
"Financial institution" means a bank, savings and loan
association, credit union, or any licensee under the Consumer
Installment Loan Act or the Sales Finance Agency Act and, for
purposes of Section 48.3, any proprietary network, funds
transfer corporation, or other entity providing electronic
funds transfer services, or any corporate fiduciary, its
subsidiaries, affiliates, parent company, or contractual
service provider that is examined by the Commissioner.
"Foundation" means the Illinois Bank Examiners' Education
Foundation.
"General obligation" means a bond, note, debenture,
security, or other instrument evidencing an obligation of the
issuer that is supported by the full available resources of
the issuer, the principal and interest of which is payable in
whole or in part by taxation.
"Guarantee" means an undertaking or promise to answer for
payment of another's debt or performance of another's duty,
liability, or obligation whether "payment guaranteed" or
"collection guaranteed".
"In danger of default" means a State or national bank, a
federally chartered insured savings association or an
Illinois state chartered insured savings association with
respect to which the Commissioner or the appropriate federal
banking agency has advised the Federal Deposit Insurance
Corporation that:
(1) in the opinion of the Commissioner or the
appropriate federal banking agency,
(A) the State or national bank or insured
savings association is not likely to be able to meet
the demands of the State or national bank's or
savings association's obligations in the normal
course of business; and
(B) there is no reasonable prospect that the
State or national bank or insured savings
association will be able to meet those demands or
pay those obligations without federal assistance; or
(2) in the opinion of the Commissioner or the
appropriate federal banking agency,
(A) the State or national bank or insured
savings association has incurred or is likely to
incur losses that will deplete all or substantially
all of its capital; and
(B) there is no reasonable prospect that the
capital of the State or national bank or insured
savings association will be replenished without
federal assistance.
"In default" means, with respect to a State or national
bank or an insured savings association, any adjudication or
other official determination by any court of competent
jurisdiction, the Commissioner, the appropriate federal
banking agency, or other public authority pursuant to which a
conservator, receiver, or other legal custodian is appointed
for a State or national bank or an insured savings
association.
"Insured savings association" means any federal savings
association chartered under Section 5 of the federal Home
Owners' Loan Act and any State savings association chartered
under the Illinois Savings and Loan Act of 1985 or a
predecessor Illinois statute, the deposits of which are
insured by the Federal Deposit Insurance Corporation. The
term also includes a savings bank organized or operating
under the Savings Bank Act.
"Insured savings association in recovery" means an
insured savings association that is not an eligible
depository institution and that does not meet the minimum
capital requirements applicable with respect to the insured
savings association.
"Issuer" means for purposes of Section 33 every person
who shall have issued or proposed to issue any security;
except that (1) with respect to certificates of deposit,
voting trust certificates, collateral-trust certificates, and
certificates of interest or shares in an unincorporated
investment trust not having a board of directors (or persons
performing similar functions), "issuer" means the person or
persons performing the acts and assuming the duties of
depositor or manager pursuant to the provisions of the trust,
agreement, or instrument under which the securities are
issued; (2) with respect to trusts other than those specified
in clause (1) above, where the trustee is a corporation
authorized to accept and execute trusts, "issuer" means the
entrusters, depositors, or creators of the trust and any
manager or committee charged with the general direction of
the affairs of the trust pursuant to the provisions of the
agreement or instrument creating the trust; and (3) with
respect to equipment trust certificates or like securities,
"issuer" means the person to whom the equipment or property
is or is to be leased or conditionally sold.
"Letter of credit" and "customer" shall have the meanings
ascribed to those terms in Section 5-102 of the Uniform
Commercial Code.
"Main banking premises" means the location that is
designated in a bank's charter as its main office.
"Maker or obligor" means for purposes of Section 33 the
issuer of a security, the promisor in a debenture or other
debt security, or the mortgagor or grantor of a trust deed or
similar conveyance of a security interest in real or personal
property.
"Merged bank" means a merging bank that is not the
continuing, resulting, or surviving bank in a consolidation
or merger.
"Merger" includes consolidation.
"Merging bank" means a party to a bank merger.
"Merging trust company" means a trust company party to a
merger with a State bank.
"Mid-tier bank holding company" means a corporation that
(a) owns 100% of the issued and outstanding shares of each
class of stock of a State bank, (b) has no other
subsidiaries, and (c) 100% of the issued and outstanding
shares of the corporation are owned by a parent bank holding
company.
"Municipality" means any municipality, political
subdivision, school district, taxing district, or agency.
"National bank" means a national banking association
located in this State and after May 31, 1997, means a
national banking association without regard to its location.
"Out-of-state bank" means a bank chartered under the laws
of a state other than Illinois, a territory of the United
States, or the District of Columbia.
"Parent bank holding company" means a corporation that is
a bank holding company as that term is defined in the
Illinois Bank Holding Company Act of 1957 and owns 100% of
the issued and outstanding shares of a mid-tier bank holding
company.
"Person" means an individual, corporation, partnership,
joint venture, trust, estate, or unincorporated association.
"Public agency" means the State of Illinois, the various
counties, townships, cities, towns, villages, school
districts, educational service regions, special road
districts, public water supply districts, fire protection
districts, drainage districts, levee districts, sewer
districts, housing authorities, the Illinois Bank Examiners'
Education Foundation, the Chicago Park District, and all
other political corporations or subdivisions of the State of
Illinois, whether now or hereafter created, whether herein
specifically mentioned or not, and shall also include any
other state or any political corporation or subdivision of
another state.
"Public funds" or "public money" means current operating
funds, special funds, interest and sinking funds, and funds
of any kind or character belonging to, in the custody of, or
subject to the control or regulation of the United States or
a public agency. "Public funds" or "public money" shall
include funds held by any of the officers, agents, or
employees of the United States or of a public agency in the
course of their official duties and, with respect to public
money of the United States, shall include Postal Savings
funds.
"Published" means, unless the context requires otherwise,
the publishing of the notice or instrument referred to in
some newspaper of general circulation in the community in
which the bank is located at least once each week for 3
successive weeks. Publishing shall be accomplished by, and
at the expense of, the bank required to publish. Where
publishing is required, the bank shall submit to the
Commissioner that evidence of the publication as the
Commissioner shall deem appropriate.
"Recorded" means the filing or recording of the notice or
instrument referred to in the office of the Recorder of the
county wherein the bank is located.
"Resulting bank" means the bank resulting from a merger
or conversion.
"Securities" means stocks, bonds, debentures, notes, or
other similar obligations.
"Stand-by letter of credit" means a letter of credit
under which drafts are payable upon the condition the
customer has defaulted in performance of a duty, liability,
or obligation.
"State bank" means any banking corporation that has a
banking charter issued by the Commissioner under this Act.
"State Banking Board" means the State Banking Board of
Illinois.
"Subsidiary" with respect to a specified company means a
company that is controlled by the specified company. For
purposes of paragraphs (8) and (12) of Section 5 of this Act,
"control" means the exercise of operational or managerial
control of a corporation by the bank, either alone or
together with other affiliates of the bank.
"Surplus" means the aggregate of (i) amounts paid in
excess of the par value of capital stock and preferred stock;
(ii) amounts contributed other than for capital stock and
preferred stock and allocated to the surplus account; and
(iii) amounts transferred from undivided profits.
"Tier 1 Capital" and "Tier 2 Capital" have the meanings
assigned to those terms in regulations promulgated for the
appropriate federal banking agency of a state bank, as those
regulations are now or hereafter amended.
"Trust company" means a corporation incorporated in this
State for the purpose of accepting and executing trusts.
"Undivided profits" means undistributed earnings less
discretionary transfers to surplus.
"Unimpaired capital and unimpaired surplus", for the
purposes of paragraph (21) of Section 5 and Sections 32, 33,
34, 35.1, 35.2, and 47 of this Act means the sum of the state
bank's Tier 1 Capital and Tier 2 Capital plus such other
shareholder equity as may be included by regulation of the
Commissioner. Unimpaired capital and unimpaired surplus
shall be calculated on the basis of the date of the last
quarterly call report filed with the Commissioner preceding
the date of the transaction for which the calculation is
made, provided that: (i) when a material event occurs after
the date of the last quarterly call report filed with the
Commissioner that reduces or increases the bank's unimpaired
capital and unimpaired surplus by 10% or more, then the
unimpaired capital and unimpaired surplus shall be calculated
from the date of the material event for a transaction
conducted after the date of the material event; and (ii) if
the Commissioner determines for safety and soundness reasons
that a state bank should calculate unimpaired capital and
unimpaired surplus more frequently than provided by this
paragraph, the Commissioner may by written notice direct the
bank to calculate unimpaired capital and unimpaired surplus
at a more frequent interval. In the case of a state bank
newly chartered under Section 13 or a state bank resulting
from a merger, consolidation, or conversion under Sections 21
through 26 for which no preceding quarterly call report has
been filed with the Commissioner, unimpaired capital and
unimpaired surplus shall be calculated for the first calendar
quarter on the basis of the effective date of the charter,
merger, consolidation, or conversion.
(Source: P.A. 88-45; 88-271; 88-546; 89-208, eff. 9-29-95;
89-364, eff. 8-18-95; revised 9-18-95; 89-508, eff. 7-3-96;
89-534, eff. 1-1-97; 89-567, eff. 7-26-96; 89-626, eff.
8-9-96; revised 8-27-96.)
(205 ILCS 5/13) (from Ch. 17, par. 320)
Sec. 13. Issuance of charter.
(a) When the directors have organized as provided in
Section 12 of this Act, and the capital stock and the
preferred stock, if any, together with a surplus of not less
than 50% of the capital, and a reserve for operating expenses
of at least 25% of the capital, has been all fully paid in
and a record of the same filed with the Commissioner, the
Commissioner or some competent person of the Commissioner's
appointment shall make a thorough examination into the
affairs of the proposed bank, and if satisfied that all the
requirements of this Act have been complied with, and that no
intervening circumstance has occurred to change the
Commissioner's findings made pursuant to Section 10 of this
Act, upon payment into the Commissioner's office of the
reasonable expenses of the examination, as determined by the
Commissioner, the Commissioner shall issue a charter
authorizing the bank to commence business as authorized in
this Act. All charters issued by the Commissioner or any
predecessor agency which chartered State banks, including any
charter outstanding as of September 1, 1989, shall be
perpetual. For the 2 years after the Commissioner has issued
a charter to a bank, the bank shall request and obtain from
the Commissioner prior written approval before it may change
senior management personnel or directors.
The charter, duly certified by the Commissioner, shall be
recorded, and the original or a certified copy shall be
evidence in all courts and places of the existence and
authority of the bank to do business. Upon the recording of
the charter the bank shall be deemed fully organized and may
proceed to do business. The Commissioner may, in the
Commissioner's discretion, withhold the issuing of the
charter when the Commissioner has reason to believe that the
bank is organized for any purpose other than that
contemplated by this Act or that a commission or fee has been
paid in connection with the sale of the stock of the bank.
The Commissioner shall revoke the charter and order
liquidation in the event that the bank does not commence a
general banking business within one year from the date of the
issuance of the charter, unless a request has been submitted,
in writing, to the Commissioner for an extension and the
request has been approved. After commencing a general
banking business, a bank, upon written notice to the
Commissioner, may change its name.
(b) (1) The Commissioner may also issue a charter to a
bank that is owned exclusively by other depository
institutions or depository institution holding companies and
is organized to engage exclusively in providing services to
or for other depository institutions, their holding
companies, and the officers, directors, and employees of such
institutions and companies, and in providing correspondent
banking services at the request of other depository
institutions or their holding companies (also referred to as
a "bankers' bank").
(2) A bank chartered pursuant to paragraph (1) shall,
except as otherwise specifically determined by the
Commissioner, be vested with the same rights and privileges
and subject to the same duties, restrictions, penalties, and
liabilities now or hereafter imposed under this Act.
(c) A bank chartered under this Act after November 1,
1985, and an out-of-state bank that merges with a State bank
and establishes or maintains a branch in this State after May
31, 1997, shall obtain from and, at all times while it
accepts or retains deposits, maintain with the Federal
Deposit Insurance Corporation, or such other instrumentality
of or corporation chartered by the United States, deposit
insurance as authorized under federal law.
(d) (i) A bank that has a banking charter issued by the
Commissioner under this Act may, pursuant to a written
purchase and assumption agreement, transfer substantially all
of its assets to another State bank or national bank in
consideration, in whole or in part, for the transferee banks'
assumption of any part or all of its liabilities. Such a
transfer shall in no way be deemed to impair the charter of
the transferor bank or cause the transferor bank to forfeit
any of its rights, powers, interests, franchises, or
privileges as a State bank, nor shall any voluntary reduction
in the transferor bank's activities resulting from the
transfer have any such effect; provided, however, that a
State bank that transfers substantially all of its assets
pursuant to this subsection (d) and following the transfer
does not accept deposits and make loans, shall not have any
rights, powers, interests, franchises, or privileges under
subsection (15) of Section 5 of this Act until the bank has
resumed accepting deposits and making loans.
(ii) The fact that a State bank does not resume
accepting deposits and making loans for a period of 24 months
commencing on September 11, 1989 or on a date of the transfer
of substantially all of a State bank's assets, whichever is
later, or such longer period as the Commissioner may allow in
writing, may be the basis for a finding by the Commissioner
under Section 51 of this Act that the bank is unable to
continue operations.
(iii) The authority provided by subdivision (i) of this
subsection (d)(i) shall terminate on May 31, 1997, and no
bank that has transferred substantially all of its assets
pursuant to this subsection (d) shall continue in existence
after May 31, 1997.
(Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
89-603, eff. 8-2-96; revised 9-9-96.)
(205 ILCS 5/47) (from Ch. 17, par. 358)
Sec. 47. Reports to Commissioner.
(a) All State banks shall make a full and accurate
statement of their affairs at least 1 time during each
calendar quarter which shall be certified to, under oath by
the president, a vice-president or the cashier of such bank.
If the statement is submitted in electronic form, the
Commissioner may, in the call for the report, specify the
manner in which the appropriate officer of the bank shall
certify the statement of affairs. The statement shall be
according to the form which may be prescribed by the
Commissioner and shall exhibit in detail information
concerning such bank at the close of business of any day the
Commissioner may choose and designate in a call for such
report. Each bank shall deliver its quarterly statement to
the location specified by the Commissioner within 30 calendar
days of the date of the call for such reports. If the
quarterly statement is mailed, it must be postmarked within
the period prescribed for delivery, and if the quarterly
statement is delivered in electronic form, the bank shall
generate and retain satisfactory proof that it has caused the
report to be delivered within the period prescribed for
delivery. Within 60 calendar days after the Commissioner's
call for the fourth calendar quarter statement of affairs, a
State bank shall publish an annual disclosure statement
setting forth the information required by rule of the
Commissioner. The disclosure statement shall contain the
required information as of the close of the business day
designated by the Commissioner for the fourth quarter
statement of affairs. Any bank failing to make and deliver
such statement or to comply with any provisions of this
Section may be subject to a penalty payable to the
Commissioner of $100 for each day of noncompliance.
(b) In addition to the foregoing reports, any bank which
is the victim of a shortage of funds in excess of $10,000, an
apparent misapplication of the bank's funds by an officer,
employee or director, or any adverse legal action in an
amount in excess of 10% of total unimpaired capital and
unimpaired surplus of the bank, including but not limited to,
the entry of an adverse money judgment against the bank or a
write-off of assets of the bank, shall report that
information in writing to the Commissioner within 7 days of
the occurrence. Neither the bank, its directors, officers,
employees or its agents, in the preparation or filing of the
reports required by subsection (b) of this Section, shall be
subject to any liability for libel, slander, or other charges
resulting from information supplied in such reports, except
when the supplying of such information is done in a corrupt
or malicious manner or otherwise not in good faith.
(Source: P.A. 89-505, eff. 6-28-96; 89-567, eff. 7-26-96;
revised 8-28-96.)
(205 ILCS 5/48) (from Ch. 17, par. 359)
Sec. 48. Commissioner's powers; duties. The Commissioner
shall have the powers and authority, and is charged with the
duties and responsibilities designated in this Act, and a
State bank shall not be subject to any other visitorial power
other than as authorized by this Act, except those vested in
the courts. In the performance of the Commissioner's duties:
(1) The Commissioner shall call for statements from all
State banks as provided in Section 47 at least one time
during each calendar quarter.
(2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and at least once in each
year, shall appoint a suitable person or persons to make an
examination of the affairs of every State bank, except that
for every eligible State bank, as defined by regulation, the
Commissioner in lieu of an annual examination every other
year shall accept the examination made by the eligible State
bank's appropriate federal banking agency pursuant to Section
111 of the Federal Deposit Insurance Corporation Improvement
Act of 1991, provided the appropriate federal banking agency
has made such an examination. A person so appointed shall not
be a stockholder or officer or employee of any bank which
that person may be directed to examine, and shall have powers
to make a thorough examination into all the affairs of the
bank and in so doing to examine any of the officers or agents
or employees thereof on oath and shall make a full and
detailed report of the condition of the bank to the
Commissioner. In making the examination the examiners shall
include an examination of the affairs of all the affiliates
of the bank, as defined in subsection (b) of Section 35.2 of
this Act, as shall be necessary to disclose fully the
conditions of the affiliates, the relations between the bank
and the affiliates and the effect of those relations upon the
affairs of the bank, and in connection therewith shall have
power to examine any of the officers, directors, agents, or
employees of the affiliates on oath. After May 31, 1997, the
Commissioner may enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of State bank branches in those states, and the
Commissioner may accept reports of examinations of State bank
branches from those state regulatory authorities. These
cooperative agreements may set forth the manner in which the
other state regulatory authorities may be compensated for
examinations prepared for and submitted to the Commissioner.
(b) After May 31, 1997, the Commissioner is authorized
to examine, as often as the Commissioner shall deem necessary
or proper, branches of out-of-state banks. The Commissioner
may establish and may assess fees to be paid to the
Commissioner for examinations under this subsection (b). The
fees shall be borne by the out-of-state bank, unless the fees
are borne by the state regulatory authority that chartered
the out-of-state bank, as determined by a cooperative
agreement between the Commissioner and the state regulatory
authority that chartered the out-of-state bank.
(2.5) Whenever any State bank, any subsidiary or
affiliate of a State bank, or after May 31, 1997, any branch
of an out-of-state bank causes to be performed, by contract
or otherwise, any bank services for itself, whether on or off
its premises:
(a) that performance shall be subject to
examination by the Commissioner to the same extent as if
services were being performed by the bank or, after May
31, 1997, branch of the out-of-state bank itself on its
own premises; and
(b) the bank or, after May 31, 1997, branch of the
out-of-state bank shall notify the Commissioner of the
existence of a service relationship. The notification
shall be submitted with the first statement of condition
(as required by Section 47 of this Act) due after the
making of the service contract or the performance of the
service, whichever occurs first. The Commissioner shall
be notified of each subsequent contract in the same
manner.
For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of
checks and deposits, computation and posting of interest and
other credits and charges, preparation and mailing of checks,
statements, notices, and similar items, or any other
clerical, bookkeeping, accounting, statistical, or similar
functions performed for a State bank, including but not
limited to electronic data processing related to those bank
services.
(3) The expense of administering this Act, including the
expense of the examinations of State banks as provided in
this Act, shall to the extent of the amounts resulting from
the fees provided for in paragraphs (a), (a-2), and (b) of
this subsection (3) be assessed against and borne by the
State banks:
(a) Each bank shall pay to the Commissioner a Call
Report Fee which shall be paid in quarterly installments
equal to one-fourth of the sum of the annual fixed fee of
$800, plus a variable fee based on the assets shown on
the quarterly statement of condition delivered to the
Commissioner in accordance with Section 47 for the
preceding quarter according to the following schedule:
16¢ per $1,000 of the first $5,000,000 of total assets,
15¢ per $1,000 of the next $20,000,000 of total assets,
13¢ per $1,000 of the next $75,000,000 of total assets,
9¢ per $1,000 of the next $400,000,000 of total assets,
7¢ per $1,000 of the next $500,000,000 of total assets,
and 5¢ per $1,000 of all assets in excess of
$1,000,000,000, of the State bank. The Call Report Fee
shall be calculated by the Commissioner and billed to the
banks for remittance at the time of the quarterly
statements of condition provided for in Section 47. The
Commissioner may require payment of the fees provided in
this Section by an electronic transfer of funds or an
automatic debit of an account of each of the State banks.
In case more than one examination of any bank is deemed
by the Commissioner to be necessary in any fiscal year
and is performed at his direction, the Commissioner may
assess a reasonable additional fee to recover the cost of
the additional examination, but the additional fee shall
not exceed the sum of the remittances from the Call
Report Fees applicable to the 4 consecutive quarterly
statements of condition immediately preceding the date of
the additional examination. In lieu of the method and
amounts set forth in this paragraph (a) for the
calculation of the Call Report Fee, the Commissioner may
specify by rule that the Call Report Fees provided by
this Section may be assessed semiannually or some other
period and may provide in the rule the formula to be used
for calculating and assessing the periodic Call Report
Fees to be paid by State banks.
(a-1) If in the opinion of the Commissioner an
emergency exists or appears likely, the Commissioner may
assign an examiner or examiners to monitor the affairs of
a State bank with whatever frequency he deems
appropriate, including but not limited to a daily basis.
The reasonable and necessary expenses of the Commissioner
during the period of the monitoring shall be borne by the
subject bank. The Commissioner shall furnish the State
bank a statement of time and expenses if requested to do
so within 30 days of the conclusion of the monitoring
period.
(a-2) On and after January 1, 1990, the reasonable
and necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) shall be borne
by the banks for which the services are provided. An
amount, based upon a fee structure prescribed by the
Commissioner, shall be paid by the banks or, after May
31, 1997, branches of out-of-state banks receiving the
electronic data processing services along with the Call
Report Fee assessed under paragraph (a) of this
subsection (3).
(a-3) After May 31, 1997, the reasonable and
necessary expenses of the Commissioner during examination
of the performance of electronic data processing services
under subsection (2.5) at or on behalf of branches of
out-of-state banks shall be borne by the out-of-state
banks, unless those expenses are borne by the state
regulatory authorities that chartered the out-of-state
banks, as determined by cooperative agreements between
the Commissioner and the state regulatory authorities
that chartered the out-of-state banks.
(b) "Fiscal year" for purposes of this Section 48
is defined as a period beginning July 1 of any year and
ending June 30 of the next year. The Commissioner shall
receive for each fiscal year, commencing with the fiscal
year ending June 30, 1987, a contingent fee equal to the
lesser of the aggregate of the fees paid by all State
banks under paragraph (a) of subsection (3) for that
year, or the amount, if any, whereby the aggregate of the
administration expenses, as defined in paragraph (c), for
that fiscal year exceeds the sum of the aggregate of the
fees payable by all State banks for that year under
paragraph (a) of subsection (3), plus all other amounts
collected by the Commissioner for that year under any
other provision of this Act, plus the aggregate of all
fees collected for that year by the Commissioner under
the Corporate Fiduciary Act, excluding the receivership
fees provided for in Section 5-10 of the Corporate
Fiduciary Act, and the Foreign Banking Office Act. The
aggregate amount of the contingent fee thus arrived at
for any fiscal year shall be apportioned amongst,
assessed upon, and paid by the State banks and foreign
banking corporations, respectively, in the same
proportion that the fee of each under paragraph (a) of
subsection (3), respectively, for that year bears to the
aggregate for that year of the fees collected under
paragraph (a) of subsection (3). The aggregate amount of
the contingent fee, and the portion thereof to be
assessed upon each State bank and foreign banking
corporation, respectively, shall be determined by the
Commissioner and shall be paid by each, respectively,
within 120 days of the close of the period for which the
contingent fee is computed and is payable, and the
Commissioner shall give 20 days advance notice of the
amount of the contingent fee payable by the State bank
and of the date fixed by the Commissioner for payment of
the fee.
(c) The "administration expenses" for any fiscal
year shall mean the ordinary and contingent expenses for
that year incident to making the examinations provided
for by, and for otherwise administering, this Act, the
Corporate Fiduciary Act, excluding the expenses paid from
the Corporate Fiduciary Receivership account in the Bank
and Trust Company Fund, the Foreign Banking Office Act,
the Electronic Fund Transfer Act, and the Illinois Bank
Examiners' Education Foundation Act, including all
salaries and other compensation paid for personal
services rendered for the State by officers or employees
of the State, including the Commissioner and the Deputy
Commissioners, all expenditures for telephone and
telegraph charges, postage and postal charges, office
stationery, supplies and services, and office furniture
and equipment, including typewriters and copying and
duplicating machines and filing equipment, surety bond
premiums, and travel expenses of those officers and
employees, employees, expenditures or charges for the
acquisition, enlargement or improvement of, or for the
use of, any office space, building, or structure, or
expenditures for the maintenance thereof or for
furnishing heat, light, or power with respect thereto,
all to the extent that those expenditures are directly
incidental to such examinations or administration. The
Commissioner shall not be required by paragraphs (c) or
(d-1) of this subsection (3) to maintain in any fiscal
year's budget appropriated reserves for accrued vacation
and accrued sick leave that is required to be paid to
employees of the Commissioner upon termination of their
service with the Commissioner in an amount that is more
than is reasonably anticipated to be necessary for any
anticipated turnover in employees, whether due to normal
attrition or due to layoffs, terminations, or
resignations.
(d) The aggregate of all fees collected by the
Commissioner under this Act, the Corporate Fiduciary Act,
or the Foreign Banking Office Act on and after July 1,
1979, shall be paid promptly after receipt of the same,
accompanied by a detailed statement thereof, into the
State treasury and shall be set apart in a special fund
to be known as the "Bank and Trust Company Fund", except
as provided in paragraph (c) of subsection (11) of this
Section. The amount from time to time deposited into the
Bank and Trust Company Fund shall be used to offset the
ordinary administrative expenses of the Commissioner of
Banks and Real Estate as defined in this Section. Nothing
in this amendatory Act of 1979 shall prevent continuing
the practice of paying expenses involving salaries,
retirement, social security, and State-paid insurance
premiums of State officers by appropriations from the
General Revenue Fund. However, the General Revenue Fund
shall be reimbursed for those payments made on and after
July 1, 1979, by an annual transfer of funds from the
Bank and Trust Company Fund.
(d-1) Adequate funds shall be available in the Bank
and Trust Company Fund to permit the timely payment of
administration expenses. In each fiscal year the total
administration expenses shall be deducted from the total
fees collected by the Commissioner and the remainder
transferred into the Cash Flow Reserve Account, unless
the balance of the Cash Flow Reserve Account prior to the
transfer equals or exceeds one-fourth of the total
initial appropriations from the Bank and Trust Company
Fund for the subsequent year, in which case the remainder
shall be credited to State banks and foreign banking
corporations and applied against their fees for the
subsequent year. The amount credited to each State bank
and foreign banking corporation shall be in the same
proportion as the Call Report Fees paid by each for the
year bear to the total Call Report Fees collected for the
year. If, after a transfer to the Cash Flow Reserve
Account is made or if no remainder is available for
transfer, the balance of the Cash Flow Reserve Account is
less than one-fourth of the total initial appropriations
for the subsequent year and the amount transferred is
less than 5% of the total Call Report Fees for the year,
additional amounts needed to make the transfer equal to
5% of the total Call Report Fees for the year shall be
apportioned amongst, assessed upon, and paid by the State
banks and foreign banking corporations in the same
proportion that the Call Report Fees of each,
respectively, for the year bear to the total Call Report
Fees collected for the year. The additional amounts
assessed shall be transferred into the Cash Flow Reserve
Account. For purposes of this paragraph (d-1), the
calculation of the fees collected by the Commissioner
shall exclude the receivership fees provided for in
Section 5-10 of the Corporate Fiduciary Act.
(e) The Commissioner may upon request certify to
any public record in his keeping and shall have authority
to levy a reasonable charge for issuing certifications of
any public record in his keeping.
(f) In addition to fees authorized elsewhere in
this Act, the Commissioner may, in connection with a
review, approval, or provision of a service, levy a
reasonable charge to recover the cost of the review,
approval, or service.
(4) Nothing contained in this Act shall be construed to
limit the obligation relative to examinations and reports of
any State bank, deposits in which are to any extent insured
by the United States or any agency thereof, nor to limit in
any way the powers of the Commissioner with reference to
examinations and reports of that bank.
(5) The nature and condition of the assets in or
investment of any bonus, pension, or profit sharing plan for
officers or employees of every State bank or, after May 31,
1997, branch of an out-of-state bank shall be deemed to be
included in the affairs of that State bank or branch of an
out-of-state bank subject to examination by the Commissioner
under the provisions of subsection (2) of this Section, and
if the Commissioner shall find from an examination that the
condition of or operation of the investments or assets of the
plan is unlawful, fraudulent, or unsafe, or that any trustee
has abused his trust, the Commissioner shall, if the
situation so found by the Commissioner shall not be corrected
to his satisfaction within 60 days after the Commissioner has
given notice to the board of directors of the State bank or
out-of-state bank of his findings, report the facts to the
Attorney General who shall thereupon institute proceedings
against the State bank or out-of-state bank, the board of
directors thereof, or the trustees under such plan as the
nature of the case may require.
(6) The Commissioner shall have the power:
(a) To promulgate reasonable rules for the purpose
of administering the provisions of this Act.
(b) To issue orders for the purpose of
administering the provisions of this Act and any rule
promulgated in accordance with this Act.
(c) To appoint hearing officers to execute any of
the powers granted to the Commissioner under this Section
for the purpose of administering this Act and any rule
promulgated in accordance with this Act.
(d) To subpoena witnesses, to compel their
attendance, to administer an oath, to examine any person
under oath, and to require the production of any relevant
books, papers, accounts, and documents in the course of
and pursuant to any investigation being conducted, or any
action being taken, by the Commissioner in respect of any
matter relating to the duties imposed upon, or the powers
vested in, the Commissioner under the provisions of this
Act or any rule promulgated in accordance with this Act.
(e) To conduct hearings.
(7) Whenever, in the opinion of the Commissioner, any
director, officer, employee, or agent of a State bank or,
after May 31, 1997, of any branch of an out-of-state bank
shall have violated any law, rule, or order relating to that
bank or shall have engaged in an unsafe or unsound practice
in conducting the business of that bank, the Commissioner may
issue an order of removal. The order shall be served upon the
director, officer, employee, or agent. A copy of the order
shall be sent to each director of the bank affected by
registered mail. The person affected by the action may
request a hearing before the State Banking Board within 10
days after receipt of the order of removal. The hearing
shall be held by the Board within 30 days after the request
has been received by the Board. The Board shall make a
determination approving, modifying, or disapproving the order
of the Commissioner as its final administrative decision. If
a hearing is held by the Board, the Board shall make its
determination within 60 days from the conclusion of the
hearing. Any person affected by a decision of the Board under
this subsection (7) of Section 48 of this Act may have the
decision reviewed only under and in accordance with the
Administrative Review Law and the rules adopted pursuant
thereto. A copy of the order shall also be served upon the
bank of which he is a director, officer, employee, or agent,
whereupon he shall cease to be a director, officer, employee,
or agent of that bank. The order and the findings of fact
upon which it is based shall not be made public or disclosed
to anyone except the director, officer, employee, or agent
involved and the directors of the bank involved, otherwise
than in connection with proceedings for a violation of or
failure to comply with this Section. The Commissioner may
institute a civil action against the director, officer, or
agent of the State bank or, after May 31, 1997, of the branch
of the out-of-state bank against whom any order provided for
by this subsection (7) of this Section 48 has been issued,
and against the State bank or, after May 31, 1997,
out-of-state bank, to enforce compliance with or to enjoin
any violation of the terms of the order. Any person who has
been removed by an order of the Commissioner under this
subsection or Section 5-6 of the Corporate Fiduciary Act may
not thereafter serve as director, officer, employee, or agent
of any State bank or of any branch of any out-of-state bank,
or of any corporate fiduciary, as defined in Section 1-5.05
of the Corporate Fiduciary Act, unless the Commissioner has
granted prior approval in writing.
(8) The Commissioner may impose civil penalties of up to
$10,000 against any person for each violation of any
provision of this Act, any rule promulgated in accordance
with this Act, any order of the Commissioner, or any other
action which in the Commissioner's discretion is an unsafe or
unsound banking practice.
(9) The Commissioner may impose civil penalties of up to
$100 against any person for the first failure to comply with
reporting requirements set forth in the report of examination
of the bank and up to $200 for the second and subsequent
failures to comply with those reporting requirements.
(10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law.
For matters involving administrative review, venue shall be
in either Sangamon County or Cook County.
(11) The endowment fund for the Illinois Bank Examiners'
Education Foundation shall be administered as follows:
(a) (Blank).
(b) The Foundation is empowered to receive
voluntary contributions, gifts, grants, bequests, and
donations on behalf of the Illinois Bank Examiners'
Education Foundation from national banks and other
persons for the purpose of funding the endowment of the
Illinois Bank Examiners' Education Foundation.
(c) The aggregate of all special educational fees
collected by the Commissioner and property received by
the Commissioner on behalf of the Illinois Bank
Examiners' Education Foundation under this subsection
(11) on or after June 30, 1986, shall be either (i)
promptly paid after receipt of the same, accompanied by a
detailed statement thereof, into the State Treasury and
shall be set apart in a special fund to be known as "The
Illinois Bank Examiners' Education Fund" to be invested
by either the Treasurer of the State of Illinois in the
Public Treasurers' Investment Pool or in any other
investment he is authorized to make or by the Illinois
State Board of Investment as the board of trustees of the
Illinois Bank Examiners' Education Foundation may direct
or (ii) deposited into an account maintained in a
commercial bank or corporate fiduciary in the name of the
Illinois Bank Examiners' Education Foundation pursuant to
the order and direction of the Board of Trustees of the
Illinois Bank Examiners' Education Foundation.
(12) (Blank).
(Source: P.A. 88-45; 88-289; 88-481; 88-546; 88-670, eff.
12-2-94; 89-208, eff. 9-29-95; 89-317, eff. 8-11-95; 89-508,
eff. 7-3-96; 89-567, eff. 7-26-96; 89-626, eff. 8-9-96;
revised 9-9-96.)
Section 2-145. The Illinois Savings and Loan Act of 1985
is amended by changing Section 1-6 as follows:
(205 ILCS 105/1-6) (from Ch. 17, par. 3301-6)
Sec. 1-6. General corporate powers. An association
operating under this Act shall be a body corporate and
politic and shall have all of the specific powers conferred
by this Act and, in addition thereto, the following general
powers:
(a) To sue and be sued, complain and defend in its
corporate name, and to have a common seal, which it may alter
or renew at pleasure;
(b) To obtain and maintain insurance of the
association's withdrawable capital by an insurance
corporation as defined in this Act;
(c) Notwithstanding anything to the contrary contained
in this Act, to become a member of the Federal Home Loan
Bank, and to have all of the powers granted to a savings or
thrift institution organized under the laws of the United
States and which is located and doing business in the State
of Illinois, subject to regulations of the Commissioner;
(d) To act as a fiscal agent for the United States, the
State of Illinois or any department, branch, arm or agency of
the State or any unit of local government or school district
in the State when duly designated for that purpose, and as
agent to perform the reasonable functions as may be required
of it;
(e) To become a member of or deal with any corporation
or agency of the United States or the State of Illinois, to
the extent that the agency assists in furthering or
facilitating the association's purposes or powers and to that
end to purchase stock or securities thereof or deposit money
therewith, and to comply with any other conditions of
membership or credit;
(f) To make donations in reasonable amounts for the
public welfare or for charitable, scientific, religious or
educational purposes;
(g) To adopt and operate reasonable insurance, bonus,
profit sharing, and retirement plans for officers and
employees; likewise, directors who are not officers,
including, but not limited to, advisory, honorary, and
emeritus directors, may participate in those plans;
(h) To reject any application for membership, to retire
withdrawable capital by enforced retirement as provided in
this Act and the by-laws, and to limit the issuance of or
payments on withdrawable capital, subject, however, to
contractual obligations;
(i) To purchase stock in service corporations and to
invest in any form of indebtedness of any service corporation
as defined in this Act, subject to regulations of the
Commissioner;
(j) To purchase stock of a corporation whose principal
purpose is to operate a safe deposit company or escrow
service company;
(k) To act as Trustee or Custodian under the Federal
Self-Employed Individuals' Tax Retirement Act of 1962 or any
amendments thereto or any other retirement account and invest
any funds held in such capacity in a savings account of the
institution;
(l) (Blank);
(m) To establish, maintain and operate terminals as
authorized by the Electronic Fund Transfer Act and by Section
5 of the Illinois Banking Act. The establishment,
maintenance, operation and location of such terminals shall
be subject to the approval of the Commissioner;
(n) Subject to the approval and regulations of the
Commissioner, an association may purchase or assume all or
any part of the assets or liabilities of an eligible insured
bank;
(o) To purchase from a bank, as defined in Section 2 of
the Illinois Banking Act, an insubstantial portion of the
total deposits of an insured bank. For the purpose of this
subparagraph, "insubstantial portion of the total deposits"
shall have the same meaning as provided in Section 5(d)(2)(D)
of the Federal Deposit Insurance Act;
(p) To effect an acquisition of or conversion to another
financial institution pursuant to Section 205 of the
Financial Institutions Reform, Recovery and Enforcement Act
of 1989;
(q) To pledge its assets:
(1) to enable it to act as an agent for the sale of
obligations of the United States;
(2) to secure deposits;
(3) to secure deposits of money whenever required
by the National Bankruptcy Act;
(4) to qualify under Section 2-9 of the Corporate
Fiduciary Act; and
(5) to secure trust funds commingled with the
institution's funds, whether deposited by the institution
or an affiliate of the institution, as required under
Section 2-8 of the Corporate Fiduciary Act; and
(r) To provide temporary periodic service to persons
residing in a bona fide nursing home, senior citizens'
retirement home, or long-term care facility; and
(s) To purchase for its own account shares of stock of a
bankers' bank, described in Section 13(b)(1) of the Illinois
Banking Act, on the same terms and conditions as a bank may
purchase such shares. In no event shall the total amount of
such stock held by an association in such bankers' bank
exceed 10% of its capital and surplus (including undivided
profits) and in no event shall an association acquire more
than 5% of any class of voting securities of such bankers'
bank; and.
(t) (s) To effect a conversion to a State bank pursuant
to the provisions of the Illinois Banking Act.
(Source: P.A. 88-481; 89-74, eff. 6-30-95; 89-310, eff.
1-1-96; 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-567,
eff. 7-26-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96;
revised 9-13-96.)
Section 2-150. The Savings Bank Act is amended by
changing Section 1008 as follows:
(205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
Sec. 1008. General corporate powers.
(a) A savings bank operating under this Act shall be a
body corporate and politic and shall have all of the specific
powers conferred by this Act and in addition thereto, the
following general powers:
(1) To sue and be sued, complain, and defend in its
corporate name and to have a common seal, which it may
alter or renew at pleasure.
(2) To obtain and maintain insurance by a deposit
insurance corporation as defined in this Act.
(3) To act as a fiscal agent for the United States,
the State of Illinois or any department, branch, arm, or
agency of the State or any unit of local government or
school district in the State, when duly designated for
that purpose, and as agent to perform reasonable
functions as may be required of it.
(4) To become a member of or deal with any
corporation or agency of the United States or the State
of Illinois, to the extent that the agency assists in
furthering or facilitating its purposes or powers and to
that end to purchase stock or securities thereof or
deposit money therewith, and to comply with any other
conditions of membership or credit.
(5) To make donations in reasonable amounts for the
public welfare or for charitable, scientific, religious,
or educational purposes.
(6) To adopt and operate reasonable insurance,
bonus, profit sharing, and retirement plans for officers
and employees and for directors including, but not
limited to, advisory, honorary, and emeritus directors,
who are not officers or employees.
(7) To reject any application for membership; to
retire deposit accounts by enforced retirement as
provided in this Act and the bylaws; and to limit the
issuance of, or payments on, deposit accounts, subject,
however, to contractual obligations.
(8) To purchase stock in service corporations and
to invest in any form of indebtedness of any service
corporation as defined in this Act, subject to
regulations of the Commissioner.
(9) To purchase stock of a corporation whose
principal purpose is to operate a safe deposit company or
escrow service company.
(10) To exercise all the powers necessary to
qualify as a trustee or custodian under federal or State
law, provided that the authority to accept and execute
trusts is subject to the provisions of the Corporate
Fiduciary Act and to the supervision of those activities
by the Commissioner of Banks and Real Estate.
(11) (Blank).
(12) To establish, maintain, and operate terminals
as authorized by the Electronic Fund Transfer Act. The
establishment, maintenance, operation, and location of
those terminals shall be subject to the approval of the
Commissioner.
(13) Pledge its assets:
(A) to enable it to act as agent for the sale
of obligations of the United States;
(B) to secure deposits;
(C) to secure deposits of money whenever
required by the National Bankruptcy Act;
(D) to qualify under Section 2-9 of the
Corporate Fiduciary Act; and
(E) to secure trust funds commingled with the
savings bank's funds, whether deposited by the
savings bank or an affiliate of the savings bank, as
required under Section 2-8 of the Corporate
Fiduciary Act.
(14) To accept for payment at a future date not to
exceed one year from the date of acceptance, drafts drawn
upon it by its customers; and to issue, advise, or
confirm letters of credit authorizing holders thereof to
draw drafts upon it or its correspondents.
(15) Subject to the regulations of the
Commissioner, to own and lease personal property acquired
by the savings bank at the request of a prospective
lessee and, upon the agreement of that person, to lease
the personal property.
(16) To establish temporary service booths at any
International Fair in this State that is approved by the
United States Department of Commerce for the duration of
the international fair for the purpose of providing a
convenient place for foreign trade customers to exchange
their home countries' currency into United States
currency or the converse. To provide temporary periodic
service to persons residing in a bona fide nursing home,
senior citizens' retirement home, or long-term care
facility. These powers shall not be construed as
establishing a new place or change of location for the
savings bank providing the service booth.
(17) To indemnify its officers, directors,
employees, and agents, as authorized for corporations
under Section 8.75 of the Business Corporations Act of
1983.
(18) To provide data processing services to others
on a for-profit basis.
(19) To utilize any electronic technology to
provide customers with home banking services.
(20) Subject to the regulations of the
Commissioner, to enter into an agreement to act as a
surety.
(21) Subject to the regulations of the
Commissioner, to issue credit cards, extend credit
therewith, and otherwise engage in or participate in
credit card operations.
(22) To purchase for its own account shares of
stock of a bankers' bank, described in Section 13(b)(1)
of the Illinois Banking Act, on the same terms and
conditions as a bank may purchase such shares. In no
event shall the total amount of such stock held by a
savings bank an association in such bankers' bank exceed
10% of its capital and surplus (including undivided
profits) and in no event shall a savings bank an
association acquire more than 5% of any class of voting
securities of such bankers' bank.
(b) If this Act fails to provide specific guidance in
matters of corporate governance, the provisions of the
Business Corporation Act of 1983 may be used.
(Source: P.A. 88-112; 88-481; 88-670, eff. 12-2-94; 89-74,
eff. 6-30-95; 89-310, eff. 1-1-96; 89-317, eff. 8-11-95;
89-355, eff. 8-17-95; 89-508, eff. 7-3-96; 89-603, eff.
8-2-96; 89-626, eff. 8-9-96; revised 9-9-96.)
Section 2-155. The Corporate Fiduciary Act is amended by
changing Section 3-3 as follows:
(205 ILCS 620/3-3) (from Ch. 17, par. 1553-3)
Sec. 3-3. Successor trustee.
(a) If any corporate fiduciary merges into, or becomes
consolidated with, another corporate fiduciary qualified to
administer trusts or is succeeded in its trust business by
any corporate fiduciary by purchase or otherwise; or if a
bank holding company causes a subsidiary, qualified to
administer trusts, to succeed to part or all of the trust
business of any other subsidiary of the same bank holding
company, the surviving, consolidated, successor corporate
fiduciary or subsidiary shall become successor fiduciary in
place of such predecessor corporate fiduciary, unless
expressly prohibited by the provisions of the trust
instrument, with all the rights, powers and duties which were
granted to or imposed on such predecessor corporate
fiduciary.
(b) (Blank).
(c) Notwithstanding any other provision of law, a
corporate fiduciary may delegate to any of its affiliates
qualified to administer trusts, any or all fiduciary duties,
actions or decisions, discretionary or otherwise, and the
delegating corporate fiduciary shall not be required to
review any delegated actions or decisions taken by the
affiliate. The term "affiliate" means any state bank, any
national bank, any trust company, or any other corporation,
which that is qualified to act as a fiduciary in this or any
other state, and which that is a member of the same
affiliated group (within the meaning of Section 1504 of the
Internal Revenue Code of 1986, as amended).
(Source: P.A. 89-205, eff. 1-1-96; 89-364, eff. 8-18-95;
89-567, eff. 7-26-96; 89-686, eff. 6-1-97; revised 1-15-97.)
Section 2-160. The Promissory Note and Bank Holiday Act
is amended by changing Section 17 as follows:
(205 ILCS 630/17) (from Ch. 17, par. 2201)
Sec. 17. Holidays.
(a) The following days shall be legal holidays in the
State of Illinois upon which day a bank may, but is not
required to, remain closed:
the first day of January (New Year's Day);
the third Monday in January (observance of Martin Luther
King, Jr.'s birthday);
the twelfth day in February (Abraham Lincoln's birthday);
the third Monday in February (Presidents Day);
the first Monday in March (observance of Casimir
Pulaski's birthday);
the Friday preceding Easter Sunday (Good Friday);
the last Monday of May (Memorial Day);
the fourth day of July (Independence Day);
the first Monday in September (Labor Day);
the second Monday in October (Columbus Day);
the eleventh day of November (Veterans' Day);
the fourth Thursday in November (Thanksgiving Day);
the twenty-fifth day in December (Christmas Day);
the days upon which the general elections for members of
the House of Representatives are held, and any day proclaimed
by the Governor of this State as a legal holiday. From 12
o'clock noon to 12 o'clock midnight of each Saturday shall be
considered a half holiday. In addition to such holidays and
half-holidays, a bank may select one day of the week to
remain closed, as provided in subsection (b) of this Section.
(b) Any bank doing business within this State may select
any one day of the week to remain closed on a regular basis
upon adoption of a resolution by the board of directors of
such bank designating the day selected and upon filing and
publishing a copy of such resolution as hereinafter required.
Any such resolution shall be deemed effective for the purpose
of this Section only when a copy thereof, certified by an
officer having charge of the records of such bank, is filed
with the Recorder of the county in which such bank is located
and published once each week for 3 successive weeks in a
newspaper of general circulation in such county. Such
publication shall be accomplished by, and at the expense of,
the bank, and the bank shall submit to the Commissioner of
Banks and Real Estate such evidence of the publication as the
Commissioner shall deem appropriate. Any such selection
shall remain in full force and effect until a copy of the
later resolution of the board of directors of such bank,
certified in like manner, terminating or altering any such
prior selection shall be filed and published in the same
manner as such prior resolution.
(c) If an occasion arises when a state bank wishes to
remain closed on a particular day, other than a day on which
the bank has selected to remain closed on a regular basis as
provided in this Section, such state bank may remain closed
on such an occasion after first sending to the Commissioner a
copy of a resolution adopted by the board of directors
authorizing the bank to remain closed on such occasion and
notice of the intent to remain closed on such occasion shall
be conspicuously posted in the lobby of the main banking
office and any branches of such bank for at least 3 weeks in
advance of such occasion. Any day which any bank doing
business within the State shall select to remain closed
pursuant to this Section shall, with respect to such bank, be
treated and considered as a Sunday.
(d) All legal holidays, the half holidays and any day
selected by a bank doing business within the State to remain
closed, shall, for all purposes whatsoever, as regards the
presenting for payment or acceptance, the maturity and
protesting and giving of notice of the dishonor of bills of
exchange, bank checks and promissory notes and other
negotiable or commercial paper or instrument, be treated and
considered as a Sunday. When any such holidays fall on
Sunday, the Monday next following shall be held and
considered such holiday. All notes, bills, drafts, checks or
other evidence of indebtedness, falling due or maturing on
either of such days, shall be deemed as due or maturing upon
the day following, and when 2 or more of these days come
together, or immediately succeeding each other, then such
instruments, paper or indebtedness shall be deemed as due or
having matured on the day following the last of such days.
(e) Any act authorized, required or permitted to be
performed at or by or with respect to any bank doing business
within the State on a day which it has selected to remain
closed under this Section may be so performed on the next
succeeding business day and no liability or loss of rights of
any kind shall result from such delay.
(f) Nothing in this Act shall in any manner affect the
validity of, or render void or voidable, the payment,
certification, or acceptance of a check or other negotiable
instrument, or any other transaction by a bank in this State,
because done or performed on any Saturday, Sunday, holiday,
or any day selected by a bank to remain closed, or during any
time other than regular banking hours; but no bank in this
State, which by law or custom is entitled to remain open or
to close for the whole or any part of any day selected by it
to remain open or to close, is compelled to close, or to
remain open for the transaction of business or to perform any
of the acts or transactions aforesaid except at its own
option.
(Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96;
revised 9-10-96.)
Section 2-165. The Nursing Home Care Act is amended by
changing Section 1-113 as follows:
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term care facility"
means a private home, institution, building, residence, or
any other place, whether operated for profit or not, or a
county home for the infirm and chronically ill operated
pursuant to Division 5-21 or 5-22 of the Counties Code, or
any similar institution operated by a political subdivision
of the State of Illinois, which provides, through its
ownership or management, personal care, sheltered care or
nursing for 3 or more persons, not related to the applicant
or owner by blood or marriage. It includes skilled nursing
facilities and intermediate care facilities as those terms
are defined in Title XVIII and Title XIX of the Federal
Social Security Act.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefor, which is required
to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "Community Living Facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the creed
or tenets of any well-recognized church or religious
denomination. However, such nursing home or sanatorium shall
comply with all local laws and rules relating to sanitation
and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(8) Any "Supportive Residence" licensed under the
Supportive Residences Licensing Act; or
(9) Any "supportive living facility" in good standing
with the demonstration project established under Section
5-5.01a of the Illinois Public Aid Code.
(Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
revised 8-26-96.)
Section 2-170. The Illinois Insurance Code is amended by
changing and renumbering multiple versions of Section 356r as
follows:
(215 ILCS 5/356r)
Sec. 356r. Woman's principal health care provider.
(a) An individual or group policy of accident and health
insurance or a managed care plan amended, delivered, issued,
or renewed in this State after November 14, 1996 the
effective date of this Section that requires an insured or
enrollee to designate an individual to coordinate care or to
control access to health care services shall also permit a
female insured or enrollee to designate a participating
woman's principal health care provider.
(b) If a female insured or enrollee has designated a
woman's principal health care provider, then the insured or
enrollee must be given direct access to the woman's principal
health care provider for services covered by the policy or
plan without the need for a referral or prior approval.
Nothing shall prohibit the insurer or managed care plan from
requiring prior authorization or approval from either a
primary care provider or the woman's principal health care
provider for referrals for additional care or services.
(c) For the purposes of this Section the following terms
are defined:
(1) "Woman's principal health care provider" means
a physician licensed to practice medicine in all of its
branches specializing in obstetrics or gynecology.
(2) "Managed care entity" means any entity
including a licensed insurance company, hospital or
medical service plan, health maintenance organization,
limited health service organization, preferred provider
organization, third party administrator, an employer or
employee organization, or any person or entity that
establishes, operates, or maintains a network of
participating providers.
(3) "Managed care plan" means a plan operated by a
managed care entity that provides for the financing of
health care services to persons enrolled in the plan
through:
(A) organizational arrangements for ongoing
quality assurance, utilization review programs, or
dispute resolution; or
(B) financial incentives for persons enrolled
in the plan to use the participating providers and
procedures covered by the plan.
(4) "Participating provider" means a physician who
has contracted with an insurer or managed care plan to
provide services to insureds or enrollees as defined by
the contract.
(d) The original provisions of this Section became law
on July 17, 1996 and took take effect November 14, 1996,
which is 120 days after becoming law.
(Source: P.A. 89-514; revised 1-2-97.)
(215 ILCS 5/356s)
Sec. 356s. 356r. Post-parturition care. An individual or
group policy of accident and health insurance that provides
maternity coverage and is amended, delivered, issued, or
renewed after the effective date of this amendatory Act of
1996 shall provide coverage for the following:
(1) a minimum of 48 hours of inpatient care
following a vaginal delivery for the mother and the
newborn, except as otherwise provided in this Section; or
(2) a minimum of 96 hours of inpatient care
following a delivery by caesarian section for the mother
and newborn, except as otherwise provided in this
Section.
A shorter length of hospital inpatient stay for services
related to maternity and newborn care may be provided if the
attending physician licensed to practice medicine in all of
its branches determines, in accordance with the protocols and
guidelines developed by the American College of Obstetricians
and Gynecologists or the American Academy of Pediatrics, that
the mother and the newborn meet the appropriate guidelines
for that length of stay based upon evaluation of the mother
and newborn and the coverage and availability of a
post-discharge physician office visit or in-home nurse visit
to verify the condition of the infant in the first 48 hours
after discharge.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
Section 2-175. The Child Care Act of 1969 is amended by
changing Section 7 as follows:
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various
types of facilities for child care defined in this Act and
that are equally applicable to like institutions under the
control of the Department and to foster family homes used by
and under the direct supervision of the Department. The
Department shall seek the advice and assistance of persons
representative of the various types of child care facilities
in establishing such standards. The standards prescribed and
published under this Act take effect as provided in the
Illinois Administrative Procedure Act, and are restricted to
regulations pertaining to:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications
of the applicant and other persons directly responsible
for the care and welfare of children served. All child
day care center licensees and employees who are required
to report child abuse or neglect under the Abused and
Neglected Child Reporting Act shall be required to attend
training on recognizing child abuse and neglect, as
prescribed by Department rules;
(3) The general financial ability and competence of
the applicant to provide necessary care for children and
to maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child
care institution, maternity center, day care center,
group home, day care home, and group day care home shall
have on its premises during its hours of operation at
least one staff member certified in first aid, in the
Heimlich maneuver and in cardiopulmonary resuscitation by
the American Red Cross or other organization approved by
rule of the Department. Child welfare agencies shall not
be subject to such a staffing requirement. The
Department may offer, or arrange for the offering, on a
periodic basis in each community in this State in
cooperation with the American Red Cross, the American
Heart Association or other appropriate organization,
voluntary programs to train operators of foster family
homes and day care homes in first aid and cardiopulmonary
resuscitation;
(5) The appropriateness, safety, cleanliness and
general adequacy of the premises, including maintenance
of adequate fire prevention and health standards
conforming to State laws and municipal codes to provide
for the physical comfort, care and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health and discharge of children,
including, for day care centers and day care homes,
records indicating each child has been immunized as
required by State regulations. The Department shall
require proof that children enrolled in a facility have
been immunized against Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace
officers;
(13) Provisions prohibiting handguns on day care
home premises except in the possession of peace officers
or other adults who must possess a handgun as a condition
of employment and who reside on the premises of a day
care home;
(14) Provisions requiring that any firearm
permitted on day care home premises, except handguns in
the possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked
storage, inaccessible to children and that ammunition
permitted on day care home premises shall be kept in
locked storage separate from that of disassembled
firearms, inaccessible to children;
(15) Provisions requiring notification of parents
or guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate,
locked storage of such firearms and ammunition.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill, mentally retarded or
physically handicapped, who are determined to be in need of
special mental treatment or of nursing care, or both mental
treatment and nursing care, the Department shall seek the
advice and recommendation of the Department of Human
Services, the Department of Public Health, or both
Departments regarding the residential treatment and nursing
care provided by the institution.
(c) The Department shall investigate any person applying
to be licensed as a foster parent to determine whether there
is any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license
a person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program,
self-help group, or other suitable activities.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of
children served. Such consultation shall include providing
information concerning education and training in early
childhood development to providers of day care home services.
The Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license.
Each licensee or holder of a permit shall distribute copies
of the appropriate licensing standards and any other
information required by the Department to child care
facilities under its supervision. Each licensee or holder of
a permit shall maintain appropriate documentation of the
distribution of the standards. Such documentation shall be
part of the records of the facility and subject to inspection
by authorized representatives of the Department.
(f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for
a day care facility shall distribute a copy of the
appropriate summary and any other information required by the
Department, to the legal guardian of each child cared for in
that facility at the time when the child is enrolled or
initially placed in the facility. The licensee or holder of a
permit for a day care facility shall secure appropriate
documentation of the distribution of the summary and
brochure. Such documentation shall be a part of the records
of the facility and subject to inspection by an authorized
representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit
standards applicable to such person's facility. Each
licensee or holder of a permit shall make available by
posting at all times in a common or otherwise accessible area
a complete and current set of licensing standards in order
that all employees of the facility may have unrestricted
access to such standards. All employees of the facility
shall have reviewed the standards and any subsequent changes.
Each licensee or holder of a permit shall maintain
appropriate documentation of the current review of licensing
standards by all employees. Such records shall be part of
the records of the facility and subject to inspection by
authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(Source: P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97;
89-648, eff. 8-9-96; revised 9-12-96.)
Section 2-180. The Health Care Worker Background Check
Act is amended by changing Sections 15 and 65 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. For the purposes of this Act, the
following definitions apply:
"Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
"Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant,
which is contingent upon the receipt of a report from the
Department of State Police indicating that the applicant does
not have a record of conviction of any of the criminal
offenses enumerated in Section 25.
"Direct care" means the provision of nursing care or
assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance, or general supervision and
oversight of the physical and mental well-being of an
individual who is incapable of managing his or her person
whether or not a guardian has been appointed for that
individual.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility, as defined in the
Nursing Home Care Act;
(iv) a home health agency, as defined in the Home
Health Agency Licensing Act;
(v) a full hospice, as defined in the Hospice
Program Licensing Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) a community residential alternative, as
defined in the Community Residential Alternatives
Licensing Act;
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(2) a day training program certified by the Department
of Human Services; or
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensing and Certification Act.
"Initiate" means the obtaining of the authorization for a
record check from a student, applicant, or employee. The
educational entity or health care employer or its designee
shall transmit all necessary information and fees to the
Illinois State Police within 10 working days after receipt of
the authorization.
(Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
89-674, eff. 8-14-96; revised 9-12-96.)
(225 ILCS 46/65)
Sec. 65. Health Care Worker Task Force. A Health Care
Worker Task Force shall be appointed no later than July 1,
1996, to study and make recommendations on statutory changes
to this Act.
(a) The Task Force shall monitor the status of the
implementation of this Act and monitor complaint
investigations relating to this Act by the Department on
Aging, Department of Public Health, Department of
Professional Regulation, and the Department of Human Services
to determine the criminal background, if any, of health care
workers who have had findings of abuse, theft, or
exploitation.
(b) The Task Force shall make recommendations
concerning:
(1) additional health care positions, including
licensed individuals and volunteers, that should be
included in the Act;
(2) development of a transition to
fingerprint-based State and federal criminal records
checks for all direct care applicants or employees;
(3) development of a system that is affordable to
applicants;
(4) modifications to the list of offenses
enumerated in Section 25; and
(5) any other necessary or desirable changes to the
Act.
(c) The Task Force shall issue an interim report to the
Governor and General Assembly no later than December 31,
1996. The final report shall be issued no later than
September 30, 1997, and shall include specific statutory
changes recommended, if any.
(d) The Task Force shall be comprised of the following
members who shall serve without pay:
(1) a chairman knowledgeable about health care
issues, who shall be appointed by the Governor;
(2) the Director of the Department of Public Health
or his or her designee;
(3) the Director of the Department of State Police
or his or her designee;
(3.5) the Director of the Department of Public Aid
or his or her designee;
(4) 2 representatives of health care providers who
shall be appointed by the Governor;
(5) 2 representatives of health care employees who
shall be appointed by the Governor;
(6) a representative of the general public who has
an interest in health care who shall be appointed by the
Governor; and
(7) 4 members of the General Assembly, one
appointed by the Speaker of the House, one appointed by
the House Minority Leader, one appointed by the President
of the Senate, and one appointed by the Senate Minority
Leader.
(Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
89-674, eff. 8-14-96; revised 9-12-96.)
Section 2-185. The Liquor Control Act of 1934 is amended
by changing Section 6-15 as follows:
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or
delivered in any building belonging to or under the control
of the State or any political subdivision thereof except as
provided in this Act. The corporate authorities of any city,
village, incorporated town or township may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging
to or under the control of the municipality or township, or
in any building located on land under the control of the
municipality; provided that such township complies with all
applicable local ordinances in any incorporated area of the
township. Alcoholic liquors may be delivered to and sold at
any airport belonging to or under the control of a
municipality of more than 25,000 inhabitants, or in any
building owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course
owned by a forest preserve district organized under the
Downstate Forest Preserve District Act, subject to the
approval of the governing board of the district, or in
Bicentennial Park, or on the premises of the City of Mendota
Lake Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois, or in
the community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption on the premises, and at the following aquarium
and museums located in public parks: Art Institute of
Chicago, Chicago Academy of Sciences, Chicago Historical
Society, Field Museum of Natural History, Museum of Science
and Industry, DuSable Museum of African American History,
John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
Museum of Arts and Sciences in Peoria, or in connection with
the operation of the facilities of the Chicago Zoological
Society or the Chicago Horticultural Society on land owned by
the Forest Preserve District of Cook County, or in any
building located on land owned by the Chicago Park District
if approved by the Park District Commissioners, or on any
land used for a golf course or for recreational purposes and
owned by the Illinois International Port District if approved
by the District's governing board, or at any airport, golf
course, faculty center, or facility in which conference and
convention type activities take place belonging to or under
control of any State university or public community college
district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or
educational activities held in such facilities, and provided
further that the faculty or staff of the State university or
a public community college district, or members of an
organization of students, alumni, faculty or staff of the
State university or a public community college district are
active participants in the conference or convention, or by a
catering establishment which has rented facilities from a
board of trustees of a public community college district, or,
if approved by the District board, on land owned by the
Metropolitan Sanitary District of Greater Chicago and leased
to others for a term of at least 20 years. Nothing in this
Section precludes the sale or delivery of alcoholic liquor in
the form of original packaged goods in premises located at
500 S. Racine in Chicago belonging to the University of
Illinois and used primarily as a grocery store by a
commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew,
transfer, or extend the lease with terms allowing the sale of
alcoholic liquor; and the sale of alcoholic liquor shall be
subject to all local laws and regulations. After the
acquisition by Winnebago County of the property located at
404 Elm Street in Rockford, a commercial tenant who sold
alcoholic liquor at retail on a portion of the property under
a valid license at the time of the acquisition may continue
to do so for so long as the tenant and the County may agree
under existing or future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor. Each
facility shall provide dram shop liability in maximum
insurance coverage limits so as to save harmless the State,
municipality, State university, airport, golf course, faculty
center, facility in which conference and convention type
activities take place, park district, Forest Preserve
District, public community college district, aquarium,
museum, or sanitary district from all financial loss, damage
or harm. Alcoholic liquors may be sold at retail in buildings
of golf courses owned by municipalities in connection with
the operation of an established food serving facility during
times when food is dispensed for consumption upon the
premises. Alcoholic liquors may be delivered to and sold at
retail in any building owned by a fire protection district
organized under the Fire Protection District Act, provided
that such delivery and sale is approved by the board of
trustees of the district, and provided further that such
delivery and sale is limited to fundraising events and to a
maximum of 6 events per year.
Alcoholic liquor may be delivered to and sold at retail
in the Dorchester Senior Business Center owned by the Village
of Dolton if the alcoholic liquor is sold or dispensed only
in connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or
facility selling or dispensing the alcoholic liquor has
provided dram shop liability insurance in maximum limits so
as to hold harmless the Village of Dolton and the State from
all financial loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to save harmless the
facility and the State from all financial loss, damage or
harm.
Alcoholic liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to hold harmless the
Civic Center, the City of Chicago and the State from all
financial loss, damage or harm; and
(v) all applicable local ordinances are complied
with.
Alcoholic liquors may be delivered or sold in any
building belonging to or under the control of any city,
village or incorporated town where more than 75% of the
physical properties of the building is used for commercial or
recreational purposes, and the building is located upon a
pier extending into or over the waters of a navigable lake or
stream or on the shore of a navigable lake or stream.
Alcoholic liquor may be sold in buildings under the control
of the Department of Natural Resources when written consent
to the issuance of a license to sell alcoholic liquor in such
buildings is filed with the Commission by the Department of
Natural Resources. Notwithstanding any other provision of
this Act, alcoholic liquor sold by a United States Army Corps
of Engineers or Department of Natural Resources
concessionaire who was operating on June 1, 1991 for
on-premises consumption only is not subject to the provisions
of Articles IV and IX. Beer and wine may be sold on the
premises of the Joliet Park District Stadium owned by the
Joliet Park District when written consent to the issuance of
a license to sell beer and wine in such premises is filed
with the local liquor commissioner by the Joliet Park
District. Beer and wine may be sold in buildings on the
grounds of State veterans' homes when written consent to the
issuance of a license to sell beer and wine in such buildings
is filed with the Commission by the Department of Veterans'
Affairs, and the facility shall provide dram shop liability
in maximum insurance coverage limits so as to save the
facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property
owned or held under lease by a Metropolitan Pier and
Exposition Authority or Metropolitan Exposition and
Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the
Forest Preserve District of Kane County, subject to the
control of the District Commissioners and applicable local
law, provided that dram shop liability insurance is provided
at maximum coverage limits so as to hold the District
harmless from all financial loss, damage and harm.
Nothing in this Section shall preclude the sale or
delivery of beer and wine at a State or county fair or the
sale or delivery of beer or wine at a city fair in any
otherwise lawful manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Department of Natural Resources,
and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act,
alcoholic liquor sold by the State park or restaurant
concessionaire is not subject to the provisions of
Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Preservation
Agency provided:
a. the property has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Historic Preservation Agency, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section
does not authorize the establishment and operation of
facilities commonly called taverns, saloons, bars, cocktail
lounges, and the like except as a part of lodge and
restaurant facilities in State parks or golf courses owned by
Forest Preserve Districts with a population of less than
3,000,000 or municipalities or park districts.
Alcoholic liquors may be sold at retail in the
Springfield Administration Building of the Department of
Transportation and the Illinois State Armory in Springfield;
provided, that the controlling government authority may
consent to such sales only if
a. the request is from a not-for-profit
organization;
b. such sales would not impede normal operations of
the departments involved;
c. the not-for-profit organization provides dram
shop liability in maximum insurance coverage limits and
agrees to defend, save harmless and indemnify the State
of Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic
liquors on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed
to practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State Museum facilities by
(1) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the
Department of Revenue. The controlling government authority
for Illinois State Museum facilities shall be the Director of
the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the
Secretary of State.
Alcoholic liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under the
jurisdiction of the Historic Preservation Agency where the
delivery, sale or dispensing is by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from a controlling government
authority, or by (2) a not-for-profit organization provided
that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal workings of State
offices or operations located at the facility, property
or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the
not-for-profit organization in the facility, property or
building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
The controlling government authority for the Historic
Preservation Agency shall be the Director of the Historic
Preservation Agency.
Alcoholic liquors may be sold at retail or dispensed at
the James R. Thompson Center in Chicago and 222 South College
Street in Springfield, Illinois by (1) a commercial tenant or
subtenant conducting business on the premises under a lease
made pursuant to Section 67.24 of the Civil Administrative
Code of Illinois, provided that such tenant or subtenant who
sells or dispenses alcoholic liquors shall procure and
maintain dram shop liability insurance in maximum coverage
limits and in which the carrier agrees to defend, indemnify
and save harmless the State of Illinois from all financial
loss, damage or harm arising out of the sale or dispensing of
alcoholic liquors, or by (2) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any
facility owned by the Illinois Sports Facilities Authority
provided that dram shop liability insurance has been made
available in a form, with such coverage and in such amounts
as the Authority reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at
the Rockford State Office Building by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Department of Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not
prohibit that sale or delivery, notwithstanding any other
provision of this Section. The regulation of the sale and
delivery of alcoholic liquor in a building that is owned by
McLean County, situated on land owned by the county, and used
by the McLean County Historical Society as provided in this
paragraph is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any
building situated on land held in trust for any school
district organized under Article 34 of the School Code, if
the building is not used for school purposes and if the sale
or delivery is approved by the board of education.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the
building located at 1200 Centerville Avenue in Belleville,
Illinois and occupied by either the Belleville Area Special
Education District or the Belleville Area Special Services
Cooperative.
(Source: P.A. 88-652, eff. 9-16-94; 89-34, eff. 6-23-95;
89-262, eff. 8-10-95; 89-376, eff. 8-18-95; 89-445, eff.
2-7-96; 89-502, eff. 6-28-96; 89-544, eff. 7-19-96; 89-626,
eff. 8-9-96; revised 8-19-96.)
Section 2-190. The Illinois Public Aid Code is amended
by changing Sections 5-5, 5-16.3, 11-9, and 14-8 as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the
rate of reimbursement for the medical assistance for which
payment will be authorized, and the medical services to be
provided, which may include all or part of the following: (1)
inpatient hospital services; (2) outpatient hospital
services; (3) other laboratory and X-ray services; (4)
skilled nursing home services; (5) physicians' services
whether furnished in the office, the patient's home, a
hospital, a skilled nursing home, or elsewhere; (6) medical
care, or any other type of remedial care furnished by
licensed practitioners; (7) home health care services; (8)
private duty nursing service; (9) clinic services; (10)
dental services; (11) physical therapy and related services;
(12) prescribed drugs, dentures, and prosthetic devices; and
eyeglasses prescribed by a physician skilled in the diseases
of the eye, or by an optometrist, whichever the person may
select; (13) other diagnostic, screening, preventive, and
rehabilitative services; (14) transportation and such other
expenses as may be necessary; (15) medical treatment of
sexual assault survivors, as defined in Section 1a of the
Sexual Assault Survivors Emergency Treatment Act, for
injuries sustained as a result of the sexual assault,
including examinations and laboratory tests to discover
evidence which may be used in criminal proceedings arising
from the sexual assault; (16) the diagnosis and treatment of
sickle cell anemia; and (17) any other medical care, and any
other type of remedial care recognized under the laws of this
State, but not including abortions, or induced miscarriages
or premature births, unless, in the opinion of a physician,
such procedures are necessary for the preservation of the
life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable
child and such procedure is necessary for the health of the
mother or her unborn child. The Illinois Department, by rule,
shall prohibit any physician from providing medical
assistance to anyone eligible therefor under this Code where
such physician has been found guilty of performing an
abortion procedure in a wilful and wanton manner upon a woman
who was not pregnant at the time such abortion procedure was
performed. The term "any other type of remedial care" shall
include nursing care and nursing home service for persons who
rely on treatment by spiritual means alone through prayer for
healing.
The Illinois Department of Public Aid shall provide the
following services to persons eligible for assistance under
this Article who are participating in education, training or
employment programs operated by the Department of Human
Services as successor to the Department of Public Aid:
(1) dental services, which shall include but not be
limited to prosthodontics; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for
women 35 years of age or older who are eligible for medical
assistance under this Article, as follows: a baseline
mammogram for women 35 to 39 years of age; a mammogram every
1 to 2 years, even if no symptoms are present, for women 40
to 49 years of age; and an annual mammogram for women 50
years of age or older. All screenings shall include a
physical breast exam, instruction on self-examination and
information regarding the frequency of self-examination and
its value as a preventative tool. As used in this Section,
"low-dose mammography" means the x-ray examination of the
breast using equipment dedicated specifically for
mammography, including the x-ray tube, filter, compression
device, image receptor, and cassettes, with an average
radiation exposure delivery of less than one rad mid-breast,
with 2 views for each breast.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided
prenatal services and is suspected of drug abuse or is
addicted as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, referral to a local substance abuse
treatment provider licensed by the Department of Human
Services or to a licensed hospital which provides substance
abuse treatment services. The Department of Public Aid shall
assure coverage for the cost of treatment of the drug abuse
or addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program
providing case management services for addicted women,
including information on appropriate referrals for other
social services that may be needed by addicted women in
addition to treatment for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Illinois Department of Public Aid nor the
Department of Human Services shall sanction the recipient
solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this
Article as it shall deem appropriate. In formulating these
regulations the Illinois Department shall consult with and
give substantial weight to the recommendations offered by the
Citizens Assembly/Council on Public Aid. The Department
should seek the advice of formal professional advisory
committees appointed by the Director of the Illinois
Department for the purpose of providing regular advice on
policy and administrative matters, information dissemination
and educational activities for medical and health care
providers, and consistency in procedures to the Illinois
Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall
be represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to
clients in target areas according to provisions of this
Article and the Illinois Health Finance Reform Act, except
that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and
negotiate financial incentives to encourage the
development of Partnerships and the efficient delivery of
medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. The Illinois Department shall require
health care providers to make available, when authorized by
the patient, in writing, the medical records in a timely
fashion to other health care providers who are treating or
serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be
required to maintain and retain business and professional
records sufficient to fully and accurately document the
nature, scope, details and receipt of the health care
provided to persons eligible for medical assistance under
this Code, in accordance with regulations promulgated by the
Illinois Department. The rules and regulations shall require
that proof of the receipt of prescription drugs, dentures,
prosthetic devices and eyeglasses by eligible persons under
this Section accompany each claim for reimbursement submitted
by the dispenser of such medical services. No such claims for
reimbursement shall be approved for payment by the Illinois
Department without such proof of receipt, unless the Illinois
Department shall have put into effect and shall be operating
a system of post-payment audit and review which shall, on a
sampling basis, be deemed adequate by the Illinois Department
to assure that such drugs, dentures, prosthetic devices and
eyeglasses for which payment is being made are actually being
received by eligible recipients. Within 90 days after the
effective date of this amendatory Act of 1984, the Illinois
Department shall establish a current list of acquisition
costs for all prosthetic devices and any other items
recognized as medical equipment and supplies reimbursable
under this Article and shall update such list on a quarterly
basis, except that the acquisition costs of all prescription
drugs shall be updated no less frequently than every 30 days
as required by Section 5-5.12.
The rules and regulations of the Illinois Department
shall require that a written statement including the required
opinion of a physician shall accompany any claim for
reimbursement for abortions, or induced miscarriages or
premature births. This statement shall indicate what
procedures were used in providing such medical services.
The Illinois Department shall require that all dispensers
of medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the
Medical Assistance program established under this Article to
disclose all financial, beneficial, ownership, equity, surety
or other interests in any and all firms, corporations,
partnerships, associations, business enterprises, joint
ventures, agencies, institutions or other legal entities
providing any form of health care services in this State
under this Article.
The Illinois Department may require that all dispensers
of medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department
may by rule establish, all inquiries from clients and
attorneys regarding medical bills paid by the Illinois
Department, which inquiries could indicate potential
existence of claims or liens for the Illinois Department.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and
prosthetic devices and durable medical equipment. Such rules
shall provide, but not be limited to, the following services:
(1) immediate repair or replacement of such devices by
recipients without medical authorization; and (2) rental,
lease, purchase or lease-purchase of durable medical
equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent
of the recipient's needs, and the requirements and costs for
maintaining such equipment. Such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department. Rules under clause (2)
above shall not provide for purchase or lease-purchase of
durable medical equipment or supplies used for the purpose of
oxygen delivery and respiratory care.
The Department shall execute, relative to the nursing
home prescreening project, written inter-agency agreements
with the Department of Human Services and the Department on
Aging, to effect the following: (i) intake procedures and
common eligibility criteria for those persons who are
receiving non-institutional services; and (ii) the
establishment and development of non-institutional services
in areas of the State where they are not currently available
or are undeveloped.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code. The Illinois Department
shall report regularly the results of the operation of such
systems and programs to the Citizens Assembly/Council on
Public Aid to enable the Committee to ensure, from time to
time, that these programs are effective and meaningful.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision
of the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors;
and
(d) efforts at utilization review and control by
the Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the
General Assembly. The filing of one copy of the report with
the Speaker, one copy with the Minority Leader and one copy
with the Clerk of the House of Representatives, one copy with
the President, one copy with the Minority Leader and one copy
with the Secretary of the Senate, one copy with the
Legislative Research Unit, such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act and one copy with the Citizens
Assembly/Council on Public Aid or its successor shall be
deemed sufficient to comply with this Section.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95;
89-507, eff. 7-1-97; 89-517, eff. 1-1-97; revised 8-26-96.)
(305 ILCS 5/5-16.3)
Sec. 5-16.3. System for integrated health care services.
(a) It shall be the public policy of the State to adopt,
to the extent practicable, a health care program that
encourages the integration of health care services and
manages the health care of program enrollees while preserving
reasonable choice within a competitive and cost-efficient
environment. In furtherance of this public policy, the
Illinois Department shall develop and implement an integrated
health care program consistent with the provisions of this
Section. The provisions of this Section apply only to the
integrated health care program created under this Section.
Persons enrolled in the integrated health care program, as
determined by the Illinois Department by rule, shall be
afforded a choice among health care delivery systems, which
shall include, but are not limited to, (i) fee for service
care managed by a primary care physician licensed to practice
medicine in all its branches, (ii) managed health care
entities, and (iii) federally qualified health centers
(reimbursed according to a prospective cost-reimbursement
methodology) and rural health clinics (reimbursed according
to the Medicare methodology), where available. Persons
enrolled in the integrated health care program also may be
offered indemnity insurance plans, subject to availability.
For purposes of this Section, a "managed health care
entity" means a health maintenance organization or a managed
care community network as defined in this Section. A "health
maintenance organization" means a health maintenance
organization as defined in the Health Maintenance
Organization Act. A "managed care community network" means
an entity, other than a health maintenance organization, that
is owned, operated, or governed by providers of health care
services within this State and that provides or arranges
primary, secondary, and tertiary managed health care services
under contract with the Illinois Department exclusively to
enrollees of the integrated health care program. A managed
care community network may contract with the Illinois
Department to provide only pediatric health care services. A
county provider as defined in Section 15-1 of this Code may
contract with the Illinois Department to provide services to
enrollees of the integrated health care program as a managed
care community network without the need to establish a
separate entity that provides services exclusively to
enrollees of the integrated health care program and shall be
deemed a managed care community network for purposes of this
Code only to the extent of the provision of services to those
enrollees in conjunction with the integrated health care
program. A county provider shall be entitled to contract
with the Illinois Department with respect to any contracting
region located in whole or in part within the county. A
county provider shall not be required to accept enrollees who
do not reside within the county.
Each managed care community network must demonstrate its
ability to bear the financial risk of serving enrollees under
this program. The Illinois Department shall by rule adopt
criteria for assessing the financial soundness of each
managed care community network. These rules shall consider
the extent to which a managed care community network is
comprised of providers who directly render health care and
are located within the community in which they seek to
contract rather than solely arrange or finance the delivery
of health care. These rules shall further consider a variety
of risk-bearing and management techniques, including the
sufficiency of quality assurance and utilization management
programs and whether a managed care community network has
sufficiently demonstrated its financial solvency and net
worth. The Illinois Department's criteria must be based on
sound actuarial, financial, and accounting principles. In
adopting these rules, the Illinois Department shall consult
with the Illinois Department of Insurance. The Illinois
Department is responsible for monitoring compliance with
these rules.
This Section may not be implemented before the effective
date of these rules, the approval of any necessary federal
waivers, and the completion of the review of an application
submitted, at least 60 days before the effective date of
rules adopted under this Section, to the Illinois Department
by a managed care community network.
All health care delivery systems that contract with the
Illinois Department under the integrated health care program
shall clearly recognize a health care provider's right of
conscience under the Right of Conscience Act. In addition to
the provisions of that Act, no health care delivery system
that contracts with the Illinois Department under the
integrated health care program shall be required to provide,
arrange for, or pay for any health care or medical service,
procedure, or product if that health care delivery system is
owned, controlled, or sponsored by or affiliated with a
religious institution or religious organization that finds
that health care or medical service, procedure, or product to
violate its religious and moral teachings and beliefs.
(b) The Illinois Department may, by rule, provide for
different benefit packages for different categories of
persons enrolled in the program. Mental health services,
alcohol and substance abuse services, services related to
children with chronic or acute conditions requiring
longer-term treatment and follow-up, and rehabilitation care
provided by a free-standing rehabilitation hospital or a
hospital rehabilitation unit may be excluded from a benefit
package if the State ensures that those services are made
available through a separate delivery system. An exclusion
does not prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. Benefit packages for persons eligible for
medical assistance under Articles V, VI, and XII shall be
based on the requirements of those Articles and shall be
consistent with the Title XIX of the Social Security Act.
Nothing in this Act shall be construed to apply to services
purchased by the Department of Children and Family Services
and the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities)
under the provisions of Title 59 of the Illinois
Administrative Code, Part 132 ("Medicaid Community Mental
Health Services Program").
(c) The program established by this Section may be
implemented by the Illinois Department in various contracting
areas at various times. The health care delivery systems and
providers available under the program may vary throughout the
State. For purposes of contracting with managed health care
entities and providers, the Illinois Department shall
establish contracting areas similar to the geographic areas
designated by the Illinois Department for contracting
purposes under the Illinois Competitive Access and
Reimbursement Equity Program (ICARE) under the authority of
Section 3-4 of the Illinois Health Finance Reform Act or
similarly-sized or smaller geographic areas established by
the Illinois Department by rule. A managed health care entity
shall be permitted to contract in any geographic areas for
which it has a sufficient provider network and otherwise
meets the contracting terms of the State. The Illinois
Department is not prohibited from entering into a contract
with a managed health care entity at any time.
(d) A managed health care entity that contracts with the
Illinois Department for the provision of services under the
program shall do all of the following, solely for purposes of
the integrated health care program:
(1) Provide that any individual physician licensed
to practice medicine in all its branches, any pharmacy,
any federally qualified health center, and any
podiatrist, that consistently meets the reasonable terms
and conditions established by the managed health care
entity, including but not limited to credentialing
standards, quality assurance program requirements,
utilization management requirements, financial
responsibility standards, contracting process
requirements, and provider network size and accessibility
requirements, must be accepted by the managed health care
entity for purposes of the Illinois integrated health
care program. Any individual who is either terminated
from or denied inclusion in the panel of physicians of
the managed health care entity shall be given, within 10
business days after that determination, a written
explanation of the reasons for his or her exclusion or
termination from the panel. This paragraph (1) does not
apply to the following:
(A) A managed health care entity that
certifies to the Illinois Department that:
(i) it employs on a full-time basis 125
or more Illinois physicians licensed to
practice medicine in all of its branches; and
(ii) it will provide medical services
through its employees to more than 80% of the
recipients enrolled with the entity in the
integrated health care program; or
(B) A domestic stock insurance company
licensed under clause (b) of class 1 of Section 4 of
the Illinois Insurance Code if (i) at least 66% of
the stock of the insurance company is owned by a
professional corporation organized under the
Professional Service Corporation Act that has 125 or
more shareholders who are Illinois physicians
licensed to practice medicine in all of its branches
and (ii) the insurance company certifies to the
Illinois Department that at least 80% of those
physician shareholders will provide services to
recipients enrolled with the company in the
integrated health care program.
(2) Provide for reimbursement for providers for
emergency care, as defined by the Illinois Department by
rule, that must be provided to its enrollees, including
an emergency room screening fee, and urgent care that it
authorizes for its enrollees, regardless of the
provider's affiliation with the managed health care
entity. Providers shall be reimbursed for emergency care
at an amount equal to the Illinois Department's
fee-for-service rates for those medical services rendered
by providers not under contract with the managed health
care entity to enrollees of the entity.
(3) Provide that any provider affiliated with a
managed health care entity may also provide services on a
fee-for-service basis to Illinois Department clients not
enrolled in a managed health care entity.
(4) Provide client education services as determined
and approved by the Illinois Department, including but
not limited to (i) education regarding appropriate
utilization of health care services in a managed care
system, (ii) written disclosure of treatment policies and
any restrictions or limitations on health services,
including, but not limited to, physical services,
clinical laboratory tests, hospital and surgical
procedures, prescription drugs and biologics, and
radiological examinations, and (iii) written notice that
the enrollee may receive from another provider those
services covered under this program that are not provided
by the managed health care entity.
(5) Provide that enrollees within its system may
choose the site for provision of services and the panel
of health care providers.
(6) Not discriminate in its enrollment or
disenrollment practices among recipients of medical
services or program enrollees based on health status.
(7) Provide a quality assurance and utilization
review program that (i) for health maintenance
organizations meets the requirements of the Health
Maintenance Organization Act and (ii) for managed care
community networks meets the requirements established by
the Illinois Department in rules that incorporate those
standards set forth in the Health Maintenance
Organization Act.
(8) Issue a managed health care entity
identification card to each enrollee upon enrollment.
The card must contain all of the following:
(A) The enrollee's signature.
(B) The enrollee's health plan.
(C) The name and telephone number of the
enrollee's primary care physician.
(D) A telephone number to be used for
emergency service 24 hours per day, 7 days per week.
The telephone number required to be maintained
pursuant to this subparagraph by each managed health
care entity shall, at minimum, be staffed by
medically trained personnel and be provided
directly, or under arrangement, at an office or
offices in locations maintained solely within the
State of Illinois. For purposes of this
subparagraph, "medically trained personnel" means
licensed practical nurses or registered nurses
located in the State of Illinois who are licensed
pursuant to the Illinois Nursing Act of 1987.
(9) Ensure that every primary care physician and
pharmacy in the managed health care entity meets the
standards established by the Illinois Department for
accessibility and quality of care. The Illinois
Department shall arrange for and oversee an evaluation of
the standards established under this paragraph (9) and
may recommend any necessary changes to these standards.
The Illinois Department shall submit an annual report to
the Governor and the General Assembly by April 1 of each
year regarding the effect of the standards on ensuring
access and quality of care to enrollees.
(10) Provide a procedure for handling complaints
that (i) for health maintenance organizations meets the
requirements of the Health Maintenance Organization Act
and (ii) for managed care community networks meets the
requirements established by the Illinois Department in
rules that incorporate those standards set forth in the
Health Maintenance Organization Act.
(11) Maintain, retain, and make available to the
Illinois Department records, data, and information, in a
uniform manner determined by the Illinois Department,
sufficient for the Illinois Department to monitor
utilization, accessibility, and quality of care.
(12) Except for providers who are prepaid, pay all
approved claims for covered services that are completed
and submitted to the managed health care entity within 30
days after receipt of the claim or receipt of the
appropriate capitation payment or payments by the managed
health care entity from the State for the month in which
the services included on the claim were rendered,
whichever is later. If payment is not made or mailed to
the provider by the managed health care entity by the due
date under this subsection, an interest penalty of 1% of
any amount unpaid shall be added for each month or
fraction of a month after the due date, until final
payment is made. Nothing in this Section shall prohibit
managed health care entities and providers from mutually
agreeing to terms that require more timely payment.
(13) Provide integration with community-based
programs provided by certified local health departments
such as Women, Infants, and Children Supplemental Food
Program (WIC), childhood immunization programs, health
education programs, case management programs, and health
screening programs.
(14) Provide that the pharmacy formulary used by a
managed health care entity and its contract providers be
no more restrictive than the Illinois Department's
pharmaceutical program on the effective date of this
amendatory Act of 1994 and as amended after that date.
(15) Provide integration with community-based
organizations, including, but not limited to, any
organization that has operated within a Medicaid
Partnership as defined by this Code or by rule of the
Illinois Department, that may continue to operate under a
contract with the Illinois Department or a managed health
care entity under this Section to provide case management
services to Medicaid clients in designated high-need
areas.
The Illinois Department may, by rule, determine
methodologies to limit financial liability for managed health
care entities resulting from payment for services to
enrollees provided under the Illinois Department's integrated
health care program. Any methodology so determined may be
considered or implemented by the Illinois Department through
a contract with a managed health care entity under this
integrated health care program.
The Illinois Department shall contract with an entity or
entities to provide external peer-based quality assurance
review for the integrated health care program. The entity
shall be representative of Illinois physicians licensed to
practice medicine in all its branches and have statewide
geographic representation in all specialties of medical care
that are provided within the integrated health care program.
The entity may not be a third party payer and shall maintain
offices in locations around the State in order to provide
service and continuing medical education to physician
participants within the integrated health care program. The
review process shall be developed and conducted by Illinois
physicians licensed to practice medicine in all its branches.
In consultation with the entity, the Illinois Department may
contract with other entities for professional peer-based
quality assurance review of individual categories of services
other than services provided, supervised, or coordinated by
physicians licensed to practice medicine in all its branches.
The Illinois Department shall establish, by rule, criteria to
avoid conflicts of interest in the conduct of quality
assurance activities consistent with professional peer-review
standards. All quality assurance activities shall be
coordinated by the Illinois Department.
(e) All persons enrolled in the program shall be
provided with a full written explanation of all
fee-for-service and managed health care plan options and a
reasonable opportunity to choose among the options as
provided by rule. The Illinois Department shall provide to
enrollees, upon enrollment in the integrated health care
program and at least annually thereafter, notice of the
process for requesting an appeal under the Illinois
Department's administrative appeal procedures.
Notwithstanding any other Section of this Code, the Illinois
Department may provide by rule for the Illinois Department to
assign a person enrolled in the program to a specific
provider of medical services or to a specific health care
delivery system if an enrollee has failed to exercise choice
in a timely manner. An enrollee assigned by the Illinois
Department shall be afforded the opportunity to disenroll and
to select a specific provider of medical services or a
specific health care delivery system within the first 30 days
after the assignment. An enrollee who has failed to exercise
choice in a timely manner may be assigned only if there are 3
or more managed health care entities contracting with the
Illinois Department within the contracting area, except that,
outside the City of Chicago, this requirement may be waived
for an area by rules adopted by the Illinois Department after
consultation with all hospitals within the contracting area.
The Illinois Department shall establish by rule the procedure
for random assignment of enrollees who fail to exercise
choice in a timely manner to a specific managed health care
entity in proportion to the available capacity of that
managed health care entity. Assignment to a specific provider
of medical services or to a specific managed health care
entity may not exceed that provider's or entity's capacity as
determined by the Illinois Department. Any person who has
chosen a specific provider of medical services or a specific
managed health care entity, or any person who has been
assigned under this subsection, shall be given the
opportunity to change that choice or assignment at least once
every 12 months, as determined by the Illinois Department by
rule. The Illinois Department shall maintain a toll-free
telephone number for program enrollees' use in reporting
problems with managed health care entities.
(f) If a person becomes eligible for participation in
the integrated health care program while he or she is
hospitalized, the Illinois Department may not enroll that
person in the program until after he or she has been
discharged from the hospital. This subsection does not apply
to newborn infants whose mothers are enrolled in the
integrated health care program.
(g) The Illinois Department shall, by rule, establish
for managed health care entities rates that (i) are certified
to be actuarially sound, as determined by an actuary who is
an associate or a fellow of the Society of Actuaries or a
member of the American Academy of Actuaries and who has
expertise and experience in medical insurance and benefit
programs, in accordance with the Illinois Department's
current fee-for-service payment system, and (ii) take into
account any difference of cost to provide health care to
different populations based on gender, age, location, and
eligibility category. The rates for managed health care
entities shall be determined on a capitated basis.
The Illinois Department by rule shall establish a method
to adjust its payments to managed health care entities in a
manner intended to avoid providing any financial incentive to
a managed health care entity to refer patients to a county
provider, in an Illinois county having a population greater
than 3,000,000, that is paid directly by the Illinois
Department. The Illinois Department shall by April 1, 1997,
and annually thereafter, review the method to adjust
payments. Payments by the Illinois Department to the county
provider, for persons not enrolled in a managed care
community network owned or operated by a county provider,
shall be paid on a fee-for-service basis under Article XV of
this Code.
The Illinois Department by rule shall establish a method
to reduce its payments to managed health care entities to
take into consideration (i) any adjustment payments paid to
hospitals under subsection (h) of this Section to the extent
those payments, or any part of those payments, have been
taken into account in establishing capitated rates under this
subsection (g) and (ii) the implementation of methodologies
to limit financial liability for managed health care entities
under subsection (d) of this Section.
(h) For hospital services provided by a hospital that
contracts with a managed health care entity, adjustment
payments shall be paid directly to the hospital by the
Illinois Department. Adjustment payments may include but
need not be limited to adjustment payments to:
disproportionate share hospitals under Section 5-5.02 of this
Code; primary care access health care education payments (89
Ill. Adm. Code 149.140); payments for capital, direct medical
education, indirect medical education, certified registered
nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
Code 148.290(d)); perinatal center payments (89 Ill. Adm.
Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
148.290(h)); and outpatient indigent volume adjustments (89
Ill. Adm. Code 148.140(b)(5)).
(i) For any hospital eligible for the adjustment
payments described in subsection (h), the Illinois Department
shall maintain, through the period ending June 30, 1995,
reimbursement levels in accordance with statutes and rules in
effect on April 1, 1994.
(j) Nothing contained in this Code in any way limits or
otherwise impairs the authority or power of the Illinois
Department to enter into a negotiated contract pursuant to
this Section with a managed health care entity, including,
but not limited to, a health maintenance organization, that
provides for termination or nonrenewal of the contract
without cause upon notice as provided in the contract and
without a hearing.
(k) Section 5-5.15 does not apply to the program
developed and implemented pursuant to this Section.
(l) The Illinois Department shall, by rule, define those
chronic or acute medical conditions of childhood that require
longer-term treatment and follow-up care. The Illinois
Department shall ensure that services required to treat these
conditions are available through a separate delivery system.
A managed health care entity that contracts with the
Illinois Department may refer a child with medical conditions
described in the rules adopted under this subsection directly
to a children's hospital or to a hospital, other than a
children's hospital, that is qualified to provide inpatient
and outpatient services to treat those conditions. The
Illinois Department shall provide fee-for-service
reimbursement directly to a children's hospital for those
services pursuant to Title 89 of the Illinois Administrative
Code, Section 148.280(a), at a rate at least equal to the
rate in effect on March 31, 1994. For hospitals, other than
children's hospitals, that are qualified to provide inpatient
and outpatient services to treat those conditions, the
Illinois Department shall provide reimbursement for those
services on a fee-for-service basis, at a rate at least equal
to the rate in effect for those other hospitals on March 31,
1994.
A children's hospital shall be directly reimbursed for
all services provided at the children's hospital on a
fee-for-service basis pursuant to Title 89 of the Illinois
Administrative Code, Section 148.280(a), at a rate at least
equal to the rate in effect on March 31, 1994, until the
later of (i) implementation of the integrated health care
program under this Section and development of actuarially
sound capitation rates for services other than those chronic
or acute medical conditions of childhood that require
longer-term treatment and follow-up care as defined by the
Illinois Department in the rules adopted under this
subsection or (ii) March 31, 1996.
Notwithstanding anything in this subsection to the
contrary, a managed health care entity shall not consider
sources or methods of payment in determining the referral of
a child. The Illinois Department shall adopt rules to
establish criteria for those referrals. The Illinois
Department by rule shall establish a method to adjust its
payments to managed health care entities in a manner intended
to avoid providing any financial incentive to a managed
health care entity to refer patients to a provider who is
paid directly by the Illinois Department.
(m) Behavioral health services provided or funded by the
Department of Human Services, the Department of Children and
Family Services, and the Illinois Department shall be
excluded from a benefit package. Conditions of an organic or
physical origin or nature, including medical detoxification,
however, may not be excluded. In this subsection,
"behavioral health services" means mental health services and
subacute alcohol and substance abuse treatment services, as
defined in the Illinois Alcoholism and Other Drug Dependency
Act. In this subsection, "mental health services" includes,
at a minimum, the following services funded by the Illinois
Department, the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities), or the Department of Children and Family
Services: (i) inpatient hospital services, including related
physician services, related psychiatric interventions, and
pharmaceutical services provided to an eligible recipient
hospitalized with a primary diagnosis of psychiatric
disorder; (ii) outpatient mental health services as defined
and specified in Title 59 of the Illinois Administrative
Code, Part 132; (iii) any other outpatient mental health
services funded by the Illinois Department pursuant to the
State of Illinois Medicaid Plan; (iv) partial
hospitalization; and (v) follow-up stabilization related to
any of those services. Additional behavioral health services
may be excluded under this subsection as mutually agreed in
writing by the Illinois Department and the affected State
agency or agencies. The exclusion of any service does not
prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. The Department of Children and Family Services
and the Department of Human Services shall each adopt rules
governing the integration of managed care in the provision of
behavioral health services. The State shall integrate managed
care community networks and affiliated providers, to the
extent practicable, in any separate delivery system for
mental health services.
(n) The Illinois Department shall adopt rules to
establish reserve requirements for managed care community
networks, as required by subsection (a), and health
maintenance organizations to protect against liabilities in
the event that a managed health care entity is declared
insolvent or bankrupt. If a managed health care entity other
than a county provider is declared insolvent or bankrupt,
after liquidation and application of any available assets,
resources, and reserves, the Illinois Department shall pay a
portion of the amounts owed by the managed health care entity
to providers for services rendered to enrollees under the
integrated health care program under this Section based on
the following schedule: (i) from April 1, 1995 through June
30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
through June 30, 2001, 80% of the amounts owed; and (iii)
from July 1, 2001 through June 30, 2005, 75% of the amounts
owed. The amounts paid under this subsection shall be
calculated based on the total amount owed by the managed
health care entity to providers before application of any
available assets, resources, and reserves. After June 30,
2005, the Illinois Department may not pay any amounts owed to
providers as a result of an insolvency or bankruptcy of a
managed health care entity occurring after that date. The
Illinois Department is not obligated, however, to pay amounts
owed to a provider that has an ownership or other governing
interest in the managed health care entity. This subsection
applies only to managed health care entities and the services
they provide under the integrated health care program under
this Section.
(o) Notwithstanding any other provision of law or
contractual agreement to the contrary, providers shall not be
required to accept from any other third party payer the rates
determined or paid under this Code by the Illinois
Department, managed health care entity, or other health care
delivery system for services provided to recipients.
(p) The Illinois Department may seek and obtain any
necessary authorization provided under federal law to
implement the program, including the waiver of any federal
statutes or regulations. The Illinois Department may seek a
waiver of the federal requirement that the combined
membership of Medicare and Medicaid enrollees in a managed
care community network may not exceed 75% of the managed care
community network's total enrollment. The Illinois
Department shall not seek a waiver of this requirement for
any other category of managed health care entity. The
Illinois Department shall not seek a waiver of the inpatient
hospital reimbursement methodology in Section 1902(a)(13)(A)
of Title XIX of the Social Security Act even if the federal
agency responsible for administering Title XIX determines
that Section 1902(a)(13)(A) applies to managed health care
systems.
Notwithstanding any other provisions of this Code to the
contrary, the Illinois Department shall seek a waiver of
applicable federal law in order to impose a co-payment system
consistent with this subsection on recipients of medical
services under Title XIX of the Social Security Act who are
not enrolled in a managed health care entity. The waiver
request submitted by the Illinois Department shall provide
for co-payments of up to $0.50 for prescribed drugs and up to
$0.50 for x-ray services and shall provide for co-payments of
up to $10 for non-emergency services provided in a hospital
emergency room and up to $10 for non-emergency ambulance
services. The purpose of the co-payments shall be to deter
those recipients from seeking unnecessary medical care.
Co-payments may not be used to deter recipients from seeking
necessary medical care. No recipient shall be required to
pay more than a total of $150 per year in co-payments under
the waiver request required by this subsection. A recipient
may not be required to pay more than $15 of any amount due
under this subsection in any one month.
Co-payments authorized under this subsection may not be
imposed when the care was necessitated by a true medical
emergency. Co-payments may not be imposed for any of the
following classifications of services:
(1) Services furnished to person under 18 years of
age.
(2) Services furnished to pregnant women.
(3) Services furnished to any individual who is an
inpatient in a hospital, nursing facility, intermediate
care facility, or other medical institution, if that
person is required to spend for costs of medical care all
but a minimal amount of his or her income required for
personal needs.
(4) Services furnished to a person who is receiving
hospice care.
Co-payments authorized under this subsection shall not be
deducted from or reduce in any way payments for medical
services from the Illinois Department to providers. No
provider may deny those services to an individual eligible
for services based on the individual's inability to pay the
co-payment.
Recipients who are subject to co-payments shall be
provided notice, in plain and clear language, of the amount
of the co-payments, the circumstances under which co-payments
are exempted, the circumstances under which co-payments may
be assessed, and their manner of collection.
The Illinois Department shall establish a Medicaid
Co-Payment Council to assist in the development of co-payment
policies for the medical assistance program. The Medicaid
Co-Payment Council shall also have jurisdiction to develop a
program to provide financial or non-financial incentives to
Medicaid recipients in order to encourage recipients to seek
necessary health care. The Council shall be chaired by the
Director of the Illinois Department, and shall have 6
additional members. Two of the 6 additional members shall be
appointed by the Governor, and one each shall be appointed by
the President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives. The Council
may be convened and make recommendations upon the appointment
of a majority of its members. The Council shall be appointed
and convened no later than September 1, 1994 and shall report
its recommendations to the Director of the Illinois
Department and the General Assembly no later than October 1,
1994. The chairperson of the Council shall be allowed to
vote only in the case of a tie vote among the appointed
members of the Council.
The Council shall be guided by the following principles
as it considers recommendations to be developed to implement
any approved waivers that the Illinois Department must seek
pursuant to this subsection:
(1) Co-payments should not be used to deter access
to adequate medical care.
(2) Co-payments should be used to reduce fraud.
(3) Co-payment policies should be examined in
consideration of other states' experience, and the
ability of successful co-payment plans to control
unnecessary or inappropriate utilization of services
should be promoted.
(4) All participants, both recipients and
providers, in the medical assistance program have
responsibilities to both the State and the program.
(5) Co-payments are primarily a tool to educate the
participants in the responsible use of health care
resources.
(6) Co-payments should not be used to penalize
providers.
(7) A successful medical program requires the
elimination of improper utilization of medical resources.
The integrated health care program, or any part of that
program, established under this Section may not be
implemented if matching federal funds under Title XIX of the
Social Security Act are not available for administering the
program.
The Illinois Department shall submit for publication in
the Illinois Register the name, address, and telephone number
of the individual to whom a request may be directed for a
copy of the request for a waiver of provisions of Title XIX
of the Social Security Act that the Illinois Department
intends to submit to the Health Care Financing Administration
in order to implement this Section. The Illinois Department
shall mail a copy of that request for waiver to all
requestors at least 16 days before filing that request for
waiver with the Health Care Financing Administration.
(q) After the effective date of this Section, the
Illinois Department may take all planning and preparatory
action necessary to implement this Section, including, but
not limited to, seeking requests for proposals relating to
the integrated health care program created under this
Section.
(r) In order to (i) accelerate and facilitate the
development of integrated health care in contracting areas
outside counties with populations in excess of 3,000,000 and
counties adjacent to those counties and (ii) maintain and
sustain the high quality of education and residency programs
coordinated and associated with local area hospitals, the
Illinois Department may develop and implement a demonstration
program for managed care community networks owned, operated,
or governed by State-funded medical schools. The Illinois
Department shall prescribe by rule the criteria, standards,
and procedures for effecting this demonstration program.
(s) (Blank).
(t) On April 1, 1995 and every 6 months thereafter, the
Illinois Department shall report to the Governor and General
Assembly on the progress of the integrated health care
program in enrolling clients into managed health care
entities. The report shall indicate the capacities of the
managed health care entities with which the State contracts,
the number of clients enrolled by each contractor, the areas
of the State in which managed care options do not exist, and
the progress toward meeting the enrollment goals of the
integrated health care program.
(u) The Illinois Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of that Act, the adoption of rules to implement this
Section is deemed an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 88-554, eff. 7-26-94; 89-21, eff. 7-1-95;
89-507, eff. 7-1-97; 89-673, eff. 8-14-96; revised 8-26-96.)
(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
Sec. 11-9. Protection of records - Exceptions. For the
protection of applicants and recipients, the Illinois
Department, the county departments and local governmental
units and their respective officers and employees are
prohibited, except as hereinafter provided, from disclosing
the contents of any records, files, papers and
communications, except for purposes directly connected with
the administration of public aid under this Code.
In any judicial proceeding, except a proceeding directly
concerned with the administration of programs provided for in
this Code, such records, files, papers and communications,
and their contents shall be deemed privileged communications
and shall be disclosed only upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
The Illinois Department shall establish and enforce
reasonable rules and regulations governing the custody, use
and preservation of the records, papers, files, and
communications of the Illinois Department, the county
departments and local governmental units receiving State or
Federal funds or aid. The governing body of other local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
The contents of case files pertaining to recipients under
Articles VI and VII shall be made available without subpoena
or formal notice to the officers of any court, to all law
enforcing agencies, and to such other persons or agencies as
from time to time may be authorized by any court. In
particular, the contents of those case files shall be made
available upon request to a law enforcement agency for the
purpose of determining the current address of a recipient
with respect to whom an arrest warrant is outstanding.
Information shall also be disclosed to the Illinois State
Scholarship Commission pursuant to an investigation or audit
by the Illinois State Scholarship Commission of a delinquent
student loan or monetary award.
This Section does not prevent the Illinois Department and
local governmental units from reporting to appropriate law
enforcement officials the desertion or abandonment by a
parent of a child, as a result of which financial aid has
been necessitated under Articles IV, V, VI, or VII, or
reporting to appropriate law enforcement officials instances
in which a mother under age 18 has a child out of wedlock and
is an applicant for or recipient of aid under any Article of
this Code. The Illinois Department may provide by rule for
the county departments and local governmental units to
initiate proceedings under the Juvenile Court Act of 1987 to
have children declared to be neglected when they deem such
action necessary to protect the children from immoral
influences present in their home or surroundings.
This Section does not preclude the full exercise of the
powers of the Board of Public Aid Commissioners to inspect
records and documents, as provided for all advisory boards
pursuant to Section 8 of "The Civil Administrative Code of
Illinois", approved March 7, 1917, as amended.
This Section does not preclude exchanges of information
among the Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department of Public
Aid), and the Illinois Department of Revenue for the purpose
of verifying sources and amounts of income and for other
purposes directly connected with the administration of this
Code and of the Illinois Income Tax Act.
The provisions of this Section and of Section 11-11 as
they apply to applicants and recipients of public aid under
Articles III, IV and V shall be operative only to the extent
that they do not conflict with any Federal law or regulation
governing Federal grants to this State for such programs.
The Illinois Department of Public Aid and the Department
of Human Services (as successor to the Illinois Department of
Public Aid) shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the Department of Children
and Family Services may have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental health, or any other
medical records) of the Illinois Department, county
departments, and local governmental units receiving State or
federal funds or aid, if the Department of Children and
Family Services determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children
and Family Services Act.
(Source: P.A. 88-614, eff. 9-7-94; 89-507, eff. 7-1-97;
89-583, eff. 1-1-97; revised 9-9-96.)
(305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
Sec. 14-8. Disbursements to Hospitals.
(a) For inpatient hospital services rendered on and
after September 1, 1991, the Illinois Department shall
reimburse hospitals for inpatient services at an inpatient
payment rate calculated for each hospital based upon the
Medicare Prospective Payment System as set forth in Sections
1886(b), (d), (g), and (h) of the federal Social Security
Act, and the regulations, policies, and procedures
promulgated thereunder, except as modified by this Section.
Payment rates for inpatient hospital services rendered on or
after September 1, 1991 and on or before September 30, 1992
shall be calculated using the Medicare Prospective Payment
rates in effect on September 1, 1991. Payment rates for
inpatient hospital services rendered on or after October 1,
1992 and on or before March 31, 1994 shall be calculated
using the Medicare Prospective Payment rates in effect on
September 1, 1992. Payment rates for inpatient hospital
services rendered on or after April 1, 1994 shall be
calculated using the Medicare Prospective Payment rates
(including the Medicare grouping methodology and weighting
factors as adjusted pursuant to paragraph (1) of this
subsection) in effect 90 days prior to the date of
admission. For services rendered on or after July 1, 1995,
the reimbursement methodology implemented under this
subsection shall not include those costs referred to in
Sections 1886(d)(5)(B) and 1886(h) of the Social Security
Act. The additional payment amounts required under Section
1886(d)(5)(F) of the Social Security Act, for hospitals
serving a disproportionate share of low-income or indigent
patients, are not required under this Section. For hospital
inpatient services rendered on or after July 1, 1995 and
before July 1, 1997, the Illinois Department shall reimburse
hospitals using the relative weighting factors and the base
payment rates calculated for each hospital that were in
effect on June 30, 1995, less the portion of such rates
attributed by the Illinois Department to the cost of medical
education.
(1) The weighting factors established under Section
1886(d)(4) of the Social Security Act shall not be used
in the reimbursement system established under this
Section. Rather, the Illinois Department shall establish
by rule Medicaid weighting factors to be used in the
reimbursement system established under this Section.
(2) The Illinois Department shall define by rule
those hospitals or distinct parts of hospitals that shall
be exempt from the reimbursement system established under
this Section. In defining such hospitals, the Illinois
Department shall take into consideration those hospitals
exempt from the Medicare Prospective Payment System as of
September 1, 1991. For hospitals defined as exempt under
this subsection, the Illinois Department shall by rule
establish a reimbursement system for payment of inpatient
hospital services rendered on and after September 1,
1991. For all hospitals that are children's hospitals as
defined in Section 5-5.02 of this Code, the reimbursement
methodology shall, through June 30, 1992, net of all
applicable fees, at least equal each children's hospital
1990 ICARE payment rates, indexed to the current year by
application of the DRI hospital cost index from 1989 to
the year in which payments are made. Excepting county
providers as defined in Article XV of this Code,
hospitals licensed under the University of Illinois
Hospital Act, and facilities operated by the Department
of Mental Health and Developmental Disabilities (or its
successor, the Department of Human Services) for hospital
inpatient services rendered on or after July 1, 1995 and
before July 1, 1997, the Illinois Department shall
reimburse children's hospitals, as defined in 89 Illinois
Administrative Code Section 149.50(c)(3), at the rates in
effect on June 30, 1995, and shall reimburse all other
hospitals at the rates in effect on June 30, 1995, less
the portion of such rates attributed by the Illinois
Department to the cost of medical education.
(3) (Blank)
(4) Notwithstanding any other provision of this
Section, hospitals that on August 31, 1991, have a
contract with the Illinois Department under Section 3-4
of the Illinois Health Finance Reform Act may elect to
continue to be reimbursed at rates stated in such
contracts for general and specialty care.
(5) In addition to any payments made under this
subsection (a), the Illinois Department shall make the
adjustment payments required by Section 5-5.02 of this
Code; provided, that in the case of any hospital
reimbursed under a per case methodology, the Illinois
Department shall add an amount equal to the product of
the hospital's average length of stay, less one day,
multiplied by 20, for inpatient hospital services
rendered on or after September 1, 1991 and on or before
September 30, 1992.
(b) (Blank)
(b-5) Excepting county providers as defined in Article
XV of this Code, hospitals licensed under the University of
Illinois Hospital Act, and facilities operated by the
Illinois Department of Mental Health and Developmental
Disabilities (or its successor, the Department of Human
Services) for outpatient services rendered on or after July
1, 1995 and before July 1, 1997, the Illinois Department
shall reimburse children's hospitals, as defined in the
Illinois Administrative Code Section 149.50(c)(3), at the
rates in effect on June 30, 1995, less that portion of such
rates attributed by the Illinois Department to the outpatient
indigent volume adjustment and shall reimburse all other
hospitals at the rates in effect on June 30, 1995, less the
portions of such rates attributed by the Illinois Department
to the cost of medical education and attributed by the
Illinois Department to the outpatient indigent volume
adjustment.
(c) In addition to any other payments under this Code,
the Illinois Department shall develop a hospital
disproportionate share reimbursement methodology that,
effective July 1, 1991, through September 30, 1992, shall
reimburse hospitals sufficiently to expend the fee monies
described in subsection (b) of Section 14-3 of this Code and
the federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department as required by this subsection (c) and Section
14-2 that are attributable to fee monies deposited in the
Fund, less amounts applied to adjustment payments under
Section 5-5.02.
(d) Critical Care Access Payments.
(1) In addition to any other payments made under
this Code, the Illinois Department shall develop a
reimbursement methodology that shall reimburse Critical
Care Access Hospitals for the specialized services that
qualify them as Critical Care Access Hospitals. No
adjustment payments shall be made under this subsection
on or after July 1, 1995.
(2) "Critical Care Access Hospitals" includes, but
is not limited to, hospitals that meet at least one of
the following criteria:
(A) Hospitals located outside of a
metropolitan statistical area that are designated as
Level II Perinatal Centers and that provide a
disproportionate share of perinatal services to
recipients; or
(B) Hospitals that are designated as Level I
Trauma Centers (adult or pediatric) and certain
Level II Trauma Centers as determined by the
Illinois Department; or
(C) Hospitals located outside of a
metropolitan statistical area and that provide a
disproportionate share of obstetrical services to
recipients.
(e) Inpatient high volume adjustment. For hospital
inpatient services, effective with rate periods beginning on
or after October 1, 1993, in addition to rates paid for
inpatient services by the Illinois Department, the Illinois
Department shall make adjustment payments for inpatient
services furnished by Medicaid high volume hospitals. The
Illinois Department shall establish by rule criteria for
qualifying as a Medicaid high volume hospital and shall
establish by rule a reimbursement methodology for calculating
these adjustment payments to Medicaid high volume hospitals.
No adjustment payment shall be made under this subsection for
services rendered on or after July 1, 1995.
(f) The Illinois Department shall modify its current
rules governing adjustment payments for targeted access,
critical care access, and uncompensated care to classify
those adjustment payments as not being payments to
disproportionate share hospitals under Title XIX of the
federal Social Security Act. Rules adopted under this
subsection shall not be effective with respect to services
rendered on or after July 1, 1995. The Illinois Department
has no obligation to adopt or implement any rules or make any
payments under this subsection for services rendered on or
after July 1, 1995.
(f-5) The State recognizes that adjustment payments to
hospitals providing certain services or incurring certain
costs may be necessary to assure that recipients of medical
assistance have adequate access to necessary medical
services. These adjustments include payments for teaching
costs and uncompensated care, trauma center payments,
rehabilitation hospital payments, perinatal center payments,
obstetrical care payments, targeted access payments, Medicaid
high volume payments, and outpatient indigent volume
payments. On or before April 1, 1995, the Illinois
Department shall issue recommendations regarding (i)
reimbursement mechanisms or adjustment payments to reflect
these costs and services, including methods by which the
payments may be calculated and the method by which the
payments may be financed, and (ii) reimbursement mechanisms
or adjustment payments to reflect costs and services of
federally qualified health centers with respect to recipients
of medical assistance.
(g) If one or more hospitals file suit in any court
challenging any part of this Article XIV, payments to
hospitals under this Article XIV shall be made only to the
extent that sufficient monies are available in the Fund and
only to the extent that any monies in the Fund are not
prohibited from disbursement under any order of the court.
(h) Payments under the disbursement methodology
described in this Section are subject to approval by the
federal government in an appropriate State plan amendment.
(i) The Illinois Department may by rule establish
criteria for and develop methodologies for adjustment
payments to hospitals participating under this Article.
(Source: P.A. 88-88; 88-554, eff. 7-26-94; 89-21, eff.
7-1-95; 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; revised
8-26-96.)
Section 2-195. The Partnership for Long-Term Care Act is
amended by changing Sections 20, 30, 50, and 60 as follows:
(320 ILCS 35/20) (from Ch. 23, par. 6801-20)
Sec. 20. Program participant eligibility for Medicaid.
(a) Individuals who participate in the program and have
resources above the eligibility levels for receipt of medical
assistance under Title XIX of the Social Security Act
(Subchapter XIX (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code) shall be eligible to
receive in-home supportive service benefits and Medicaid
benefits through the Department of Public Aid if, before
becoming eligible for benefits, they have purchased a
long-term care insurance policy covering long-term care that
has been certified by the Department of Insurance Human under
Section 30 of this Act.
(b) Individuals may purchase certified long-term care
insurance policies which cover long-term care services in
amounts equal to the resources they wish to protect.
(b-5) An individual may purchase a certified long-term
care insurance policy which protects an individual's total
assets. To be eligible for total asset protection, an amount
equal to the average cost of 4 years of long-term care
services in a nursing facility must be purchased.
(b-7) Although a resource has been protected by the
Partnership Policy, income is to be applied to the cost of
care when the insured becomes Medicaid eligible.
(c) The resource protection provided by this Act shall
be effective only for long-term care policies which cover
long-term care services, that are delivered, issued for
delivery, or renewed on or after July 1, 1992.
(d) When an individual purchases a certified long-term
care insurance policy, the issuer must notify the purchaser
of the benefits of purchasing inflation protection for the
long-term care insurance policy.
(e) An insurance company may offer for sale a policy as
described in paragraph (b) of this Section or paragraph (b-5)
of this Section or both types of policies.
(Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96;
revised 8-27-96.)
(320 ILCS 35/30) (from Ch. 23, par. 6801-30)
Sec. 30. Certification of policies and contracts. The
Department of Insurance shall certify only long-term care
insurance policies which cover long-term care that provide
all of the following:
(1) Individual case management by a coordinating
entity designated or approved by the Department on Aging.
(2) The levels and durations of benefits that meet
minimum standards set by the Department of Insurance.
(3) A record keeping system including an
explanation of benefit reports on insurance payments or
benefits that count toward Medicaid resource exclusion.
(4) Approval of the insurance policy by the
Department of Insurance Human.
(5) Compliance with any other requirements imposed
by the Departments through regulations consistent with
the purposes of this Act.
(Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96;
revised 8-27-96.)
(320 ILCS 35/50) (from Ch. 23, par. 6801-50)
Sec. 50. Task force.
(a) An executive and legislative advisory task force
shall be created to provide advice and assistance in
designing and implementing the Partnership for Long-term Care
Program. The task force shall be composed of representatives,
designated by the director (or Secretary) of each of the
following agencies or departments:
(1) The Department on Aging.
(2) The Department of Public Aid.
(3) (Blank). Human
(4) The Department of Insurance.
(5) The Department of Commerce and Community
Affairs.
(6) The Legislative Research Unit.
(b) The task force shall consult with persons
knowledgeable of and concerned with long-term care,
including, but not limited to the following:
(1) Consumers.
(2) Health care providers.
(3) Representatives of long-term care insurance
companies and administrators of health care service plans
that cover long-term care services.
(4) Providers of long-term care.
(5) Private employers.
(6) Academic specialists in long-term care and
aging.
(7) Representatives of the public employees' and
teachers' retirement systems.
(c) The task force shall be established, and its members
designated, not later than March 1, 1993. The task force
shall make recommendations to the Department on Aging
concerning the policy components of the program on or before
September 1, 1993.
(Source: P.A. 88-328; 89-507, eff. 7-1-97; 89-525, eff.
7-19-96; revised 8-23-96.)
(320 ILCS 35/60) (from Ch. 23, par. 6801-60)
Sec. 60. Administrative costs.
(a) The Department on Aging, in conjunction with the
Department of Public Aid, Human the Department of Insurance,
and the Department of Commerce and Community Affairs, shall
submit applications for State or federal grants or federal
waivers, or funding from nationally distributed private
foundation grants, or insurance reimbursements to be used to
pay the administrative expenses of implementation of the
program. The Department on Aging, in conjunction with those
other departments, also shall seek moneys from these same
sources for the purpose of implementing the program,
including moneys appropriated for that purpose.
(b) In implementing this Act, the Department on Aging
may negotiate contracts, on a nonbid basis, with long-term
care insurers, health care insurers, health care service
plans, or both, for the provision of coverage for long-term
care services that will meet the certification requirements
set forth in Section 30 and the other requirements of this
Act.
(Source: P.A. 88-328; 89-507, eff. 7-1-97; 89-525, eff.
7-19-96; revised 8-26-96.)
Section 2-200. The Interagency Board for Children who
are Deaf or Hard-of-Hearing and have an Emotional or
Behavioral Disorder Act is amended by changing Section 4 as
follows:
(325 ILCS 35/4) (from Ch. 23, par. 6704)
Sec. 4. Appointment. The Board shall consist of 12
members, one of whom shall be appointed by the Governor. The
State Superintendent of Education shall appoint 2 members,
one of whom shall be a parent of a child who is deaf or
hard-of-hearing and has an emotional or behavioral disorder,
and one of whom shall be an employee of the agency. The
Director of Children and Family Services shall appoint 2
members, one of whom shall be a parent, foster parent, or
legal guardian of a child who is deaf or hard-of-hearing and
has an emotional or behavioral disorder, and one of whom
shall be an employee of the agency. The Secretary of Human
Services shall appoint 4 members, 2 one of whom shall be
parents a parent of children a child who are is deaf or hard
of hearing and have has an emotional or behavioral disorder,
one of whom shall be a parent of a child who is deaf or
hard-of-hearing and has an emotional or behavioral disorder,
and 2 of whom shall be employees of the agency.
The Director of Public Aid shall appoint one member who
shall be an employee of the agency. The Community and
Residential Services Authority for Behavior Disturbed and
Severe Emotionally Disturbed Students shall appoint one
member who shall be an employee of the Authority, and the
Director of the Division of Specialized Care for Children
shall appoint one member who shall be an employee of that
agency.
Each appointing authority shall give preference to any
qualified deaf employee when making appointments to the
Board.
(Source: P.A. 89-507, eff. 7-1-97; 89-680, eff. 1-1-97;
revised 1-7-97.)
Section 2-205. The Environmental Protection Act is
amended by changing Sections 22.2, 22.15, 39, and 57.14 as
follows:
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
Sec. 22.2. Hazardous waste; fees; liability.
(a) There are hereby created within the State Treasury 2
special funds to be known respectively as the "Hazardous
Waste Fund" and the "Hazardous Waste Research Fund",
constituted from the fees collected pursuant to this Section.
(b) (1) On and after January 1, 1989, the Agency shall
collect from the owner or operator of each of the following
sites a fee in the amount of:
(A) 6 cents per gallon or $12.12 per cubic yard of
hazardous waste disposed for 1989, 7.5 cents per gallon
or $15.15 per cubic yard for 1990 and 9 cents per gallon
or $18.18 per cubic yard thereafter, if the hazardous
waste disposal site is located off the site where such
waste was produced. The maximum amount payable under this
subdivision (A) with respect to the hazardous waste
generated by a single generator and deposited in
monofills is $20,000 for 1989, $25,000 for 1990, and
$30,000 per year thereafter. If, as a result of the use
of multiple monofills, waste fees in excess of the
maximum are assessed with respect to a single waste
generator, the generator may apply to the Agency for a
credit.
(B) 6 cents per gallon or $12.12 per cubic yard of
hazardous waste disposed for 1989, 7.5 cents per gallon
or $15.15 per cubic yard for 1990 and 9 cents or $18.18
per cubic yard thereafter, if the hazardous waste
disposal site is located on the site where such waste was
produced, provided however the maximum amount of fees
payable under this paragraph (B) is $20,000 for 1989,
$25,000 for 1990 and $30,000 per year thereafter for each
such hazardous waste disposal site.
(C) If the hazardous waste disposal site is an
underground injection well, $6,000 per year if not more
than 10,000,000 gallons per year are injected, $15,000
per year if more than 10,000,000 gallons but not more
than 50,000,000 gallons per year are injected, and
$27,000 per year if more than 50,000,000 gallons per year
are injected.
(D) 2 cents per gallon or $4.04 per cubic yard for
1989, 2.5 cents per gallon or $5.05 per cubic yard for
1990, and 3 cents per gallon or $6.06 per cubic yard
thereafter of hazardous waste received for treatment at a
hazardous waste treatment site, if the hazardous waste
treatment site is located off the site where such waste
was produced and if such hazardous waste treatment site
is owned, controlled and operated by a person other than
the generator of such waste. After treatment at such
hazardous waste treatment site, the waste shall not be
subject to any other fee imposed by this subsection (b).
For purposes of this subsection (b), the term "treatment"
is defined as in Section 3.49 but shall not include
recycling, reclamation or reuse.
(2) The General Assembly shall annually appropriate to
the Fund such amounts as it deems necessary to fulfill the
purposes of this Act.
(3) Whenever the unobligated balance of the Hazardous
Waste Fund exceeds $10,000,000, the Agency shall suspend the
collection of the fees provided for in this Section until the
unobligated balance of the Fund falls below $8,000,000.
(4) Of the amount collected as fees provided for in this
Section, the Agency shall manage the use of such funds to
assure that sufficient funds are available for match towards
federal expenditures for response action at sites which are
listed on the National Priorities List; provided, however,
that this shall not apply to additional monies appropriated
to the Fund by the General Assembly, nor shall it apply in
the event that the Director finds that revenues in the
Hazardous Waste Fund must be used to address conditions which
create or may create an immediate danger to the environment
or public health or to the welfare of the people of the State
of Illinois.
(5) Notwithstanding the other provisions of this
subsection (b), sludge from a publicly-owned sewage works
generated in Illinois, coal mining wastes and refuse
generated in Illinois, bottom boiler ash, flyash and flue gas
desulphurization sludge from public utility electric
generating facilities located in Illinois, and bottom boiler
ash and flyash from all incinerators which process solely
municipal waste shall not be subject to the fee.
(6) For the purposes of this subsection (b), "monofill"
means a facility, or a unit at a facility, that accepts only
wastes bearing the same USEPA hazardous waste identification
number, or compatible wastes as determined by the Agency.
(c) The Agency shall establish procedures, not later
than January 1, 1984, relating to the collection of the fees
authorized by this Section. Such procedures shall include,
but not be limited to: (1) necessary records identifying the
quantities of hazardous waste received or disposed; (2) the
form and submission of reports to accompany the payment of
fees to the Agency; and (3) the time and manner of payment of
fees to the Agency, which payments shall be not more often
than quarterly.
(d) Beginning July 1, 1996, the Agency shall deposit all
such receipts in the State Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of
this Section. All monies in the Hazardous Waste Fund shall be
used by the Agency for the following purposes:
(1) Taking whatever preventive or corrective action
is necessary or appropriate, in circumstances certified
by the Director, including but not limited to removal or
remedial action whenever there is a release or
substantial threat of a release of a hazardous substance
or pesticide; provided, the Agency shall expend no more
than $1,000,000 on any single incident without
appropriation by the General Assembly.
(2) To meet any requirements which must be met by
the State in order to obtain federal funds pursuant to
the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, (P.L. 96-510).
(3) In an amount up to 30% of the amount collected
as fees provided for in this Section, for use by the
Agency to conduct groundwater protection activities,
including providing grants to appropriate units of local
government which are addressing protection of underground
waters pursuant to the provisions of this Act.
(4) To fund the development and implementation of
the model pesticide collection program under Section 19.1
of the Illinois Pesticide Act.
(5) To the extent the Agency has received and
deposited monies in the Fund other than fees collected
under subsection (b) of this Section, to pay for the cost
of Agency employees for services provided in reviewing
the performance of response actions pursuant to Title
XVII of this Act.
(6) In an amount up to 15% of the fees collected
annually under subsection (b) of this Section, for use by
the Agency for administration of the provisions of this
Section. of Public Health
(e) The Agency shall deposit 10% of all receipts
collected under subsection (b) of this Section, but not to
exceed $200,000 per year, in the State Treasury to the credit
of the Hazardous Waste Research Fund established by this Act.
Pursuant to appropriation, all monies in such Fund shall be
used by the Department of Natural Resources for the purposes
set forth in this subsection.
The Department of Natural Resources may enter into
contracts with business, industrial, university, governmental
or other qualified individuals or organizations to assist in
the research and development intended to recycle, reduce the
volume of, separate, detoxify or reduce the hazardous
properties of hazardous wastes in Illinois. Monies in the
Fund may also be used by the Department of Natural Resources
for technical studies, monitoring activities, and educational
and research activities which are related to the protection
of underground waters. Monies in the Hazardous Waste
Research Fund may be used to administer the Illinois Health
and Hazardous Substances Registry Act. Monies in the
Hazardous Waste Research Fund shall not be used for any
sanitary landfill or the acquisition or construction of any
facility. This does not preclude the purchase of equipment
for the purpose of public demonstration projects. The
Department of Natural Resources shall adopt guidelines for
cost sharing, selecting, and administering projects under
this subsection.
(f) Notwithstanding any other provision or rule of law,
and subject only to the defenses set forth in subsection (j)
of this Section, the following persons shall be liable for
all costs of removal or remedial action incurred by the State
of Illinois or any unit of local government as a result of a
release or substantial threat of a release of a hazardous
substance or pesticide:
(1) the owner and operator of a facility or vessel
from which there is a release or substantial threat of
release of a hazardous substance or pesticide;
(2) any person who at the time of disposal,
transport, storage or treatment of a hazardous substance
or pesticide owned or operated the facility or vessel
used for such disposal, transport, treatment or storage
from which there was a release or substantial threat of a
release of any such hazardous substance or pesticide;
(3) any person who by contract, agreement, or
otherwise has arranged with another party or entity for
transport, storage, disposal or treatment of hazardous
substances or pesticides owned, controlled or possessed
by such person at a facility owned or operated by another
party or entity from which facility there is a release or
substantial threat of a release of such hazardous
substances or pesticides; and
(4) any person who accepts or accepted any
hazardous substances or pesticides for transport to
disposal, storage or treatment facilities or sites from
which there is a release or a substantial threat of a
release of a hazardous substance or pesticide.
Any monies received by the State of Illinois pursuant to
this subsection (f) shall be deposited in the State Treasury
to the credit of the Hazardous Waste Fund.
In accordance with the other provisions of this Section,
costs of removal or remedial action incurred by a unit of
local government may be recovered in an action before the
Board brought by the unit of local government under
subsection (i) of this Section. Any monies so recovered
shall be paid to the unit of local government.
(g)(1) No indemnification, hold harmless, or similar
agreement or conveyance shall be effective to transfer from
the owner or operator of any vessel or facility or from any
person who may be liable for a release or substantial threat
of a release under this Section, to any other person the
liability imposed under this Section. Nothing in this
Section shall bar any agreement to insure, hold harmless or
indemnify a party to such agreements for any liability under
this Section.
(2) Nothing in this Section, including the provisions of
paragraph (g)(1) of this Section, shall bar a cause of action
that an owner or operator or any other person subject to
liability under this Section, or a guarantor, has or would
have, by reason of subrogation or otherwise against any
person.
(h) For purposes of this Section:
(1) The term "facility" means:
(A) any building, structure, installation,
equipment, pipe or pipeline including but not
limited to any pipe into a sewer or publicly owned
treatment works, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container,
motor vehicle, rolling stock, or aircraft; or
(B) any site or area where a hazardous
substance has been deposited, stored, disposed of,
placed, or otherwise come to be located.
(2) The term "owner or operator" means:
(A) any person owning or operating a vessel or
facility;
(B) in the case of an abandoned facility, any
person owning or operating the abandoned facility or
any person who owned, operated, or otherwise
controlled activities at the abandoned facility
immediately prior to such abandonment;
(C) in the case of a land trust as defined in
Section 2 of the Land Trustee as Creditor Act, the
person owning the beneficial interest in the land
trust;
(D) in the case of a fiduciary (other than a
land trustee), the estate, trust estate, or other
interest in property held in a fiduciary capacity,
and not the fiduciary. For the purposes of this
Section, "fiduciary" means a trustee, executor,
administrator, guardian, receiver, conservator or
other person holding a facility or vessel in a
fiduciary capacity;
(E) in the case of a "financial institution",
meaning the Illinois Housing Development Authority
and that term as defined in Section 2 of the
Illinois Banking Act, that has acquired ownership,
operation, management, or control of a vessel or
facility through foreclosure or under the terms of a
security interest held by the financial institution
or under the terms of an extension of credit made by
the financial institution, the financial institution
only if the financial institution takes possession
of the vessel or facility and the financial
institution exercises actual, direct, and continual
or recurrent managerial control in the operation of
the vessel or facility that causes a release or
substantial threat of a release of a hazardous
substance or pesticide resulting in removal or
remedial action;
(F) In the case of an owner of residential
property, the owner if the owner is a person other
than an individual, or if the owner is an individual
who owns more than 10 dwelling units in Illinois, or
if the owner, or an agent, representative,
contractor, or employee of the owner, has caused,
contributed to, or allowed the release or threatened
release of a hazardous substance or pesticide. The
term "residential property" means single family
residences of one to 4 dwelling units, including
accessory land, buildings, or improvements
incidental to those dwellings that are exclusively
used for the residential use. For purposes of this
subparagraph (F), the term "individual" means a
natural person, and shall not include corporations,
partnerships, trusts, or other non-natural persons.
(G) In the case of any facility, title or
control of which was conveyed due to bankruptcy,
foreclosure, tax delinquency, abandonment, or
similar means to a unit of State or local
government, any person who owned, operated, or
otherwise controlled activities at the facility
immediately beforehand.
(H) The term "owner or operator" does not
include a unit of State or local government which
acquired ownership or control through bankruptcy,
tax delinquency, abandonment, or other circumstances
in which the government acquires title by virtue of
its function as sovereign. The exclusion provided
under this paragraph shall not apply to any State or
local government which has caused or contributed to
the release or threatened release of a hazardous
substance from the facility, and such a State or
local government shall be subject to the provisions
of this Act in the same manner and to the same
extent, both procedurally and substantively, as any
nongovernmental entity, including liability under
Section 22.2(f).
(i) The costs and damages provided for in this Section
may be imposed by the Board in an action brought before the
Board in accordance with Title VIII of this Act, except that
Section 33(c) of this Act shall not apply to any such action.
(j) (1) There shall be no liability under this Section
for a person otherwise liable who can establish by a
preponderance of the evidence that the release or substantial
threat of release of a hazardous substance and the damages
resulting therefrom were caused solely by:
(A) an act of God;
(B) an act of war;
(C) an act or omission of a third party other than
an employee or agent of the defendant, or other than one
whose act or omission occurs in connection with a
contractual relationship, existing directly or
indirectly, with the defendant (except where the sole
contractual arrangement arises from a published tariff
and acceptance for carriage by a common carrier by rail),
if the defendant establishes by a preponderance of the
evidence that (i) he exercised due care with respect to
the hazardous substance concerned, taking into
consideration the characteristics of such hazardous
substance, in light of all relevant facts and
circumstances, and (ii) he took precautions against
foreseeable acts or omissions of any such third party and
the consequences that could foreseeably result from such
acts or omissions; or
(D) any combination of the foregoing paragraphs.
(2) There shall be no liability under this Section for
any release permitted by State or federal law.
(3) There shall be no liability under this Section for
damages as a result of actions taken or omitted in the course
of rendering care, assistance, or advice in accordance with
this Section or the National Contingency Plan pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with respect
to an incident creating a danger to public health or welfare
or the environment as a result of any release of a hazardous
substance or a substantial threat thereof. This subsection
shall not preclude liability for damages as the result of
gross negligence or intentional misconduct on the part of
such person. For the purposes of the preceding sentence,
reckless, willful, or wanton misconduct shall constitute
gross negligence.
(4) There shall be no liability under this Section for
any person (including, but not limited to, an owner of
residential property who applies a pesticide to the
residential property or who has another person apply a
pesticide to the residential property) for response costs or
damages as the result of the storage, handling and use, or
recommendation for storage, handling and use, of a pesticide
consistent with:
(A) its directions for storage, handling and use as
stated in its label or labeling;
(B) its warnings and cautions as stated in its
label or labeling; and
(C) the uses for which it is registered under the
Federal Insecticide, Fungicide and Rodenticide Act and
the Illinois Pesticide Act.
(4.5) There shall be no liability under subdivision
(f)(1) of this Section for response costs or damages as the
result of a release of a pesticide from an agrichemical
facility site if the Agency has received notice from the
Department of Agriculture pursuant to Section 19.3 of the
Illinois Pesticide Act, the owner or operator of the
agrichemical facility is proceeding with a corrective action
plan under the Agrichemical Facility Response Action Program
implemented under that Section, and the Agency has provided a
written endorsement of a corrective action plan.
(4.6) There shall be no liability under subdivision
(f)(1) of this Section for response costs or damages as the
result of a substantial threat of a release of a pesticide
from an agrichemical facility site if the Agency has received
notice from the Department of Agriculture pursuant to Section
19.3 of the Illinois Pesticide Act and the owner or operator
of the agrichemical facility is proceeding with a corrective
action plan under the Agrichemical Facility Response Action
Program implemented under that Section.
(5) Nothing in this subsection (j) shall affect or
modify in any way the obligations or liability of any person
under any other provision of this Act or State or Federal
law, including common law, for damages, injury, or loss
resulting from a release or substantial threat of a release
of any hazardous substance or for removal or remedial action
or the costs of removal or remedial action of such hazardous
substance.
(6)(A) The term "contractual relationship", for the
purpose of this subsection includes, but is not limited to,
land contracts, deeds or other instruments transferring title
or possession, unless the real property on which the facility
concerned is located was acquired by the defendant after the
disposal or placement of the hazardous substance on, in, or
at the facility, and one or more of the circumstances
described in clause (i), (ii), or (iii) of this paragraph is
also established by the defendant by a preponderance of the
evidence:
(i) At the time the defendant acquired the facility
the defendant did not know and had no reason to know that
any hazardous substance which is the subject of the
release or threatened release was disposed of on, in or
at the facility.
(ii) The defendant is a government entity which
acquired the facility by escheat, or through any other
involuntary transfer or acquisition, or through the
exercise of eminent domain authority by purchase or
condemnation.
(iii) The defendant acquired the facility by
inheritance or bequest.
In addition to establishing the foregoing, the defendant
must establish that he has satisfied the requirements of
subparagraph (C) of paragraph (l) of this subsection (j).
(B) To establish the defendant had no reason to know, as
provided in clause (i) of subparagraph (A) of this paragraph,
the defendant must have undertaken, at the time of
acquisition, all appropriate inquiry into the previous
ownership and uses of the property consistent with good
commercial or customary practice in an effort to minimize
liability. For purposes of the preceding sentence, the court
shall take into account any specialized knowledge or
experience on the part of the defendant, the relationship of
the purchase price to the value of the property if
uncontaminated, commonly known or reasonably ascertainable
information about the property, the obviousness of the
presence or likely presence of contamination at the property,
and the ability to detect such contamination by appropriate
inspection.
(C) Nothing in this paragraph (6) or in subparagraph (C)
of paragraph (1) of this subsection shall diminish the
liability of any previous owner or operator of such facility
who would otherwise be liable under this Act. Notwithstanding
this paragraph (6), if the defendant obtained actual
knowledge of the release or threatened release of a hazardous
substance at such facility when the defendant owned the real
property and then subsequently transferred ownership of the
property to another person without disclosing such knowledge,
such defendant shall be treated as liable under subsection
(f) of this Section and no defense under subparagraph (C) of
paragraph (1) of this subsection shall be available to such
defendant.
(D) Nothing in this paragraph (6) shall affect the
liability under this Act of a defendant who, by any act or
omission, caused or contributed to the release or threatened
release of a hazardous substance which is the subject of the
action relating to the facility.
(E) (i) Except as provided in clause (ii) of this
subparagraph (E), a defendant who has acquired real property
shall have established a rebuttable presumption against all
State claims and a conclusive presumption against all private
party claims that the defendant has made all appropriate
inquiry within the meaning of subdivision (6)(B) of this
subsection (j) if the defendant proves that immediately prior
to or at the time of the acquisition:
(I) the defendant obtained a Phase I Environmental
Audit of the real property that meets or exceeds the
requirements of this subparagraph (E), and the Phase I
Environmental Audit did not disclose the presence or
likely presence of a release or a substantial threat of a
release of a hazardous substance or pesticide at, on, to,
or from the real property; or
(II) the defendant obtained a Phase II
Environmental Audit of the real property that meets or
exceeds the requirements of this subparagraph (E), and
the Phase II Environmental Audit did not disclose the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property.
(ii) No presumption shall be created under clause (i) of
this subparagraph (E), and a defendant shall be precluded
from demonstrating that the defendant has made all
appropriate inquiry within the meaning of subdivision (6)(B)
of this subsection (j), if:
(I) the defendant fails to obtain all Environmental
Audits required under this subparagraph (E) or any such
Environmental Audit fails to meet or exceed the
requirements of this subparagraph (E);
(II) a Phase I Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from real property, and the defendant
fails to obtain a Phase II Environmental Audit;
(III) a Phase II Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property;
(IV) the defendant fails to maintain a written
compilation and explanatory summary report of the
information reviewed in the course of each Environmental
Audit under this subparagraph (E); or
(V) there is any evidence of fraud, material
concealment, or material misrepresentation by the
defendant of environmental conditions or of related
information discovered during the course of an
Environmental Audit.
(iii) For purposes of this subparagraph (E), the term
"environmental professional" means an individual (other than
a practicing attorney) who, through academic training,
occupational experience, and reputation (such as engineers,
industrial hygienists, or geologists) can objectively conduct
one or more aspects of an Environmental Audit and who either:
(I) maintains at the time of the Environmental
Audit and for at least one year thereafter at least
$500,000 of environmental consultants' professional
liability insurance coverage issued by an insurance
company licensed to do business in Illinois; or
(II) is an Illinois licensed professional engineer
or an Illinois licensed industrial hygienist.
An environmental professional may employ persons who are
not environmental professionals to assist in the preparation
of an Environmental Audit if such persons are under the
direct supervision and control of the environmental
professional.
(iv) For purposes of this subparagraph (E), the term
"real property" means any interest in any parcel of land, and
shall not be limited to the definition of the term "real
property" contained in the Responsible Property Transfer Act
of 1988. For purposes of this subparagraph (E), the term
"real property" includes, but is not limited to, buildings,
fixtures, and improvements.
(v) For purposes of this subparagraph (E), the term
"Phase I Environmental Audit" means an investigation of real
property, conducted by environmental professionals, to
discover the presence or likely presence of a release or a
substantial threat of a release of a hazardous substance or
pesticide at, on, to, or from real property, and whether a
release or a substantial threat of a release of a hazardous
substance or pesticide has occurred or may occur at, on, to,
or from the real property. The investigation shall include a
review of at least each of the following sources of
information concerning the current and previous ownership and
use of the real property:
(I) Recorded chain of title documents regarding the
real property, including all deeds, easements, leases,
restrictions, and covenants for a period of 50 years.
(II) Aerial photographs that may reflect prior uses
of the real property and that are reasonably obtainable
through State, federal, or local government agencies or
bodies.
(III) Recorded environmental cleanup liens, if any,
against the real property that have arisen pursuant to
this Act or federal statutes.
(IV) Reasonably obtainable State, federal, and
local government records of sites or facilities at, on,
or near the real property to discover the presence or
likely presence of a hazardous substance or pesticide,
and whether a release or a substantial threat of a
release of a hazardous substance or pesticide has
occurred or may occur at, on, to, or from the real
property. Such government records shall include, but not
be limited to: reasonably obtainable State, federal, and
local government investigation reports for those sites or
facilities; reasonably obtainable State, federal, and
local government records of activities likely to cause or
contribute to a release or a threatened release of a
hazardous substance or pesticide at, on, to, or from the
real property, including landfill and other treatment,
storage, and disposal location records, underground
storage tank records, hazardous waste transporter and
generator records, and spill reporting records; and other
reasonably obtainable State, federal, and local
government environmental records that report incidents or
activities that are likely to cause or contribute to a
release or a threatened release of a hazardous substance
or pesticide at, on, to, or from the real property. In
order to be deemed "reasonably obtainable" as required
herein, a copy or reasonable facsimile of the record must
be obtainable from the government agency by request and
upon payment of a processing fee, if any, established by
the government agency. The Agency is authorized to
establish a reasonable fee for processing requests
received under this subparagraph (E) for records. All
fees collected by the Agency under this clause (v)(IV)
shall be deposited into the Environmental Protection
Permit and Inspection Fund in accordance with Section
22.8. Notwithstanding any other law, if the fee is paid,
commencing on the effective date of this amendatory Act
of 1993 and until one year after the effective date of
this amendatory Act of 1993, the Agency shall use its
best efforts to process a request received under this
subparagraph (E) as expeditiously as possible.
Notwithstanding any other law, commencing one year after
the effective date of this amendatory Act of 1993, if the
fee is paid, the Agency shall process a request received
under this subparagraph (E) for records within 30 days of
the receipt of such request.
(V) A visual site inspection of the real property
and all facilities and improvements on the real property
and a visual inspection of properties immediately
adjacent to the real property, including an investigation
of any use, storage, treatment, spills from use, or
disposal of hazardous substances, hazardous wastes, solid
wastes, or pesticides. If the person conducting the
investigation is denied access to any property adjacent
to the real property, the person shall conduct a visual
inspection of that adjacent property from the property to
which the person does have access and from public
rights-of-way.
(VI) A review of business records for activities at
or on the real property for a period of 50 years.
(vi) For purposes of subparagraph (E), the term "Phase
II Environmental Audit" means an investigation of real
property, conducted by environmental professionals,
subsequent to a Phase I Environmental Audit. If the Phase I
Environmental Audit discloses the presence or likely presence
of a hazardous substance or a pesticide or a release or a
substantial threat of a release of a hazardous substance or
pesticide:
(I) In or to soil, the defendant, as part of the
Phase II Environmental Audit, shall perform a series of
soil borings sufficient to determine whether there is a
presence or likely presence of a hazardous substance or
pesticide and whether there is or has been a release or a
substantial threat of a release of a hazardous substance
or pesticide at, on, to, or from the real property.
(II) In or to groundwater, the defendant, as part
of the Phase II Environmental Audit, shall: review
information regarding local geology, water well
locations, and locations of waters of the State as may be
obtained from State, federal, and local government
records, including but not limited to the United States
Geological Service, the State Geological Survey Division
of the Department of Natural Resources, and the State
Water Survey Division of the Department of Natural
Resources; and perform groundwater monitoring sufficient
to determine whether there is a presence or likely
presence of a hazardous substance or pesticide, and
whether there is or has been a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property.
(III) On or to media other than soil or
groundwater, the defendant, as part of the Phase II
Environmental Audit, shall perform an investigation
sufficient to determine whether there is a presence or
likely presence of a hazardous substance or pesticide,
and whether there is or has been a release or a
substantial threat of a release of a hazardous substance
or pesticide at, on, to, or from the real property.
(vii) The findings of each Environmental Audit prepared
under this subparagraph (E) shall be set forth in a written
audit report. Each audit report shall contain an affirmation
by the defendant and by each environmental professional who
prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty of perjury as
defined in Section 32-2 of the Criminal Code of 1961. It is
perjury for any person to sign an audit report that contains
a false material statement that the person does not believe
to be true.
(viii) The Agency is not required to review, approve, or
certify the results of any Environmental Audit. The
performance of an Environmental Audit shall in no way entitle
a defendant to a presumption of Agency approval or
certification of the results of the Environmental Audit.
The presence or absence of a disclosure document prepared
under the Responsible Property Transfer Act of 1988 shall not
be a defense under this Act and shall not satisfy the
requirements of subdivision (6)(A) of this subsection (j).
(7) No person shall be liable under this Section for
response costs or damages as the result of a pesticide
release if the Agency has found that a pesticide release
occurred based on a Health Advisory issued by the U.S.
Environmental Protection Agency or an action level developed
by the Agency, unless the Agency notified the manufacturer of
the pesticide and provided an opportunity of not less than 30
days for the manufacturer to comment on the technical and
scientific justification supporting the Health Advisory or
action level.
(8) No person shall be liable under this Section for
response costs or damages as the result of a pesticide
release that occurs in the course of a farm pesticide
collection program operated under Section 19.1 of the
Illinois Pesticide Act, unless the release results from gross
negligence or intentional misconduct.
(k) If any person who is liable for a release or
substantial threat of release of a hazardous substance or
pesticide fails without sufficient cause to provide removal
or remedial action upon or in accordance with a notice and
request by the Agency or upon or in accordance with any order
of the Board or any court, such person may be liable to the
State for punitive damages in an amount at least equal to,
and not more than 3 times, the amount of any costs incurred
by the State of Illinois as a result of such failure to take
such removal or remedial action. The punitive damages
imposed by the Board shall be in addition to any costs
recovered from such person pursuant to this Section and in
addition to any other penalty or relief provided by this Act
or any other law.
Any monies received by the State pursuant to this
subsection (k) shall be deposited in the Hazardous Waste
Fund.
(l) Beginning January 1, 1988, the Agency shall annually
collect a $250 fee for each Special Waste Hauling Permit
Application and, in addition, shall collect a fee of $20 for
each waste hauling vehicle identified in the annual permit
application and for each vehicle which is added to the permit
during the annual period. The Agency shall deposit 85% of
such fees collected under this subsection (l) in the State
Treasury to the credit of the Hazardous Waste Research Fund;
and shall deposit the remaining 15% of such fees collected in
the State Treasury to the credit of the Environmental
Protection Permit and Inspection Fund. The majority of such
receipts which are deposited in the Hazardous Waste Research
Fund pursuant to this subsection shall be used by the
Department of Natural Resources for activities which relate
to the protection of underground waters.
(m) (Blank).
(n) (Blank).
(Source: P.A. 88-438; 88-602, eff. 9-1-94; 89-94, eff.
7-6-95; 89-158, eff. 1-1-96; 89-431, eff. 12-15-95; 89-443,
eff. 7-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96;
revised 10-2-96.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund"
constituted from the fees collected by the State pursuant to
this Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by the Department
of Commerce and Community Affairs in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the Solid Waste Management Revolving Loan
Fund.
(b) On and after January 1, 1987, the Agency shall
assess and collect a fee in the amount set forth herein from
the owner or operator of each sanitary landfill permitted or
required to be permitted by the Agency to dispose of solid
waste if the sanitary landfill is located off the site where
such waste was produced and if such sanitary landfill is
owned, controlled, and operated by a person other than the
generator of such waste. The Agency shall deposit all fees
collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the
fee under this subsection.
(1) If more than 150,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall
either pay a fee of 45 cents per cubic yard (60¢ per
cubic yard from January 1, 1989 through December 31,
1993), or alternatively the owner or operator may weigh
the quantity of the solid waste permanently disposed of
with a device for which certification has been obtained
under the Weights and Measures Act and pay a fee of 95
cents per ton ($1.27 per ton from January 1, 1989 through
December 31, 1993) of solid waste permanently disposed
of. An owner or operator that is subject to any fee, tax,
or surcharge imposed under the authority of subsection
(j) of this Section on September 26, 1991, with respect
to fees due to the Agency under this paragraph after
December 31, 1991 and before January 1, 1994, shall
deduct from the amount paid to the Agency the amount by
which the fee paid under subsection (j) exceeds 45 cents
per cubic yard or 95 cents per ton. In no case shall the
fee collected or paid by the owner or operator under this
paragraph exceed $1.05 per cubic yard or $2.22 per ton.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $25,000 ($33,350 in
1989, 1990 and 1991).
(3) If more than 50,000 cubic yards, but not more
than 100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $11,300 ($15,500 in
1989, 1990 and 1991).
(4) If more than 10,000 cubic yards, but not more
than 50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,450 ($4,650 in
1989, 1990 and 1991).
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay
a fee of $500 ($650 in 1989, 1990 and 1991).
(c) From January 1, 1987 through December 31, 1988, the
fee set forth in this Section shall not apply to:
(1) Solid waste which is hazardous waste;
(2) Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste; or
(3) The following wastes:
(A) Foundry sand;
(B) Coal combustion by-product, including
scrubber waste and fluidized bed boiler waste which
does not contain metal cleaning waste;
(C) Slag from the manufacture of iron and
steel;
(D) Pollution Control Waste;
(E) Wastes from recycling, reclamation or
reuse processes designed to remove any contaminant
from wastes so as to render such wastes reusable,
provided that the process renders at least 50% of
the waste reusable;
(F) Non-hazardous solid waste that is received
at a sanitary landfill after January 1, 1987 and
recycled through a process permitted by the Agency.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such
rules shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany
the payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Community Affairs for the purposes
set forth in this Section and in the Illinois Solid Waste
Management Act, including for the costs of fee collection and
administration, and through June 30, 1989, by the University
of Illinois for research consistent with the Illinois Solid
Waste Management Act.
(f) The Agency is authorized to enter into such
agreements and to promulgate such rules as are necessary to
carry out its duties under this Section and the Illinois
Solid Waste Management Act.
(g) On the first day of January, April, July, and
October of each year, beginning on July 1, 1996, the State
Comptroller and Treasurer shall transfer $500,000 from the
Solid Waste Management Fund to the Hazardous Waste Fund.
Moneys transferred under this subsection (g) shall be used
only for the purposes set forth in item (1) of subsection (d)
of Section 22.2. of Commerce and Community Affairs of
Commerce and Community Affairs
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance
of inspecting, investigating and enforcement activities
pursuant to Section 4(r) at nonhazardous solid waste disposal
sites.
(i) The Agency is authorized to support the operations
of an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax or surcharge
with regard to the permanent disposal of solid waste, to be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act. However, the total fee, tax or
surcharge imposed by all units of local government under this
subsection (j) upon the solid waste disposal facility shall
not exceed:
(1) 45¢ per cubic yard (60¢ per cubic yard
beginning January 1, 1992) if more than 150,000 cubic
yards of non-hazardous solid waste is permanently
disposed of at the site in a calendar year, unless the
owner or operator weighs the quantity of the solid waste
received with a device for which certification has been
obtained under the Weights and Measures Act, in which
case the fee shall not exceed 95¢ per ton ($1.27 per ton
beginning January 1, 1992) of solid waste permanently
disposed of.
(2) $25,000 ($33,350 beginning in 1992) if more
than 100,000 cubic yards, but not more than 150,000 cubic
yards, of non-hazardous waste is permanently disposed of
at the site in a calendar year.
(3) $11,300 ($15,500 beginning in 1992) if more
than 50,000 cubic yards, but not more than 100,000 cubic
yards, of non-hazardous solid waste is permanently
disposed of at the site in a calendar year.
(4) $3,450 ($4,650 beginning in 1992) if more than
10,000 cubic yards, but not more than 50,000 cubic yards,
of non-hazardous solid waste is permanently disposed of
at the site in a calendar year.
(5) $500 ($650 beginning in 1992) if not more than
10,000 cubic yards of non-hazardous solid waste is
permanently disposed of at the site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse
a highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local
ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that
has been dumped on public property in violation of a State
law or local ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement
with the Agency pursuant to subsection (r) of Section 4. The
unit of local government and the Agency shall enter into such
a written delegation agreement within 60 days after the
establishment of such fees or August 23, 1988, whichever is
later. For the year commencing January 1, 1989, and at least
annually thereafter, the Agency shall conduct an audit of the
expenditures made by units of local government from the funds
granted by the Agency to the units of local government for
purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local
government in a separate fund, and the interest received on
the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years
to be expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the
Agency, in April of each year, a report that details spending
plans for monies collected in accordance with this
subsection. The report will at a minimum include the
following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended
for the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a,
and under subsections (c) and (k) of this Section, shall be
applicable to any fee, tax or surcharge imposed under this
subsection (j); except that the fee, tax or surcharge
authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the
permanent disposal of solid waste after December 31, 1986,
under any contract lawfully executed before June 1, 1986
under which more than 150,000 cubic yards (or 50,000 tons) of
solid waste is to be permanently disposed of, even though the
waste is exempt from the fee imposed by the State under
subsection (b) of this Section pursuant to an exemption
granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1,
1989 the fee under subsection (b) and the fee, tax or
surcharge under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste.
(Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit
for the construction, installation, or operation of any type
of facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under
this Section. In granting permits the Agency may impose such
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall
include, but not be limited to the following:
(i) the Sections of this Act which may be violated
if the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any,
which the Agency deems the applicant did not provide the
Agency; and
(iv) a statement of specific reasons why the Act
and the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period
shall be extended to 180 days when (1) notice and
opportunity for public hearing are required by State or
federal law or regulation, (2) the application which was
filed is for any permit to develop a landfill subject to
issuance pursuant to this subsection, or (3) the application
that was filed is for a MSWLF unit required to issue public
notice under subsection (p) of Section 39.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and
for significant permit modifications for lateral expansions
for existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994, operating permits issued under
this Section by the Agency for sources of air pollution
permitted to emit less than 25 tons per year of any
combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed
only upon written request by the Agency consistent with
applicable provisions of this Act and regulations promulgated
hereunder. Such operating permits shall expire 180 days
after the date of such a request. The Board shall revise its
regulations for the existing State air pollution operating
permit program consistent with this provision by January 1,
1994.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the
same permit limitations and conditions. Such general permits
may be issued without individual applications and shall
conform to regulations promulgated under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter
amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this
Act, Board regulations, the Federal Water Pollution Control
Act, as now or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith at
the earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant
thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been
approved by the County Board of the county if in an
unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the
facility is to be located in accordance with Section 39.2 of
this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less
than 100,000 and includes all or a portion of a parcel of
land that was, on April 1, 1993, adjacent to a municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed by
the governing body of that adjacent municipality rather than
the county board of the county in which the proposed site is
located; and for the purposes of that local siting review,
any references in this Act to the county board shall be
deemed to mean the governing body of that adjacent
municipality; provided, however, that the provisions of this
paragraph shall not apply to any proposed site which was, on
April 1, 1993, owned in whole or in part by another
municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor
issue an original operating permit for any portion of such
facility unless the applicant has submitted proof to the
Agency that the location of the facility has been approved by
the appropriate county board or municipal governing body
pursuant to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal
facility, any portion for which an operating permit has been
issued by the Agency, has not accepted waste disposal for 5
or more consecutive calendars years, before that facility may
accept any new or additional waste for disposal, the owner
and operator must obtain a new operating permit under this
Act for that facility unless the owner and operator have
applied to the Agency for a permit authorizing the temporary
suspension of waste acceptance. The Agency may not issue a
new operation permit under this Act for the facility unless
the applicant has submitted proof to the Agency that the
location of the facility has been approved or re-approved by
the appropriate county board or municipal governing body
under Section 39.2 of this Act after the facility ceased
accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning
the proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to
the Agency to develop and operate the municipal waste
transfer station during April of 1994;
(3) the operator can demonstrate that the county
board of the county, if the municipal waste transfer
station is in an unincorporated area, or the governing
body of the municipality, if the station is in an
incorporated area, does not object to resumption of the
operation of the station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
All RCRA permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act. The Agency may include among
such conditions standards and other requirements established
under this Act, Board regulations, the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible. The
Agency shall require that a performance bond or other
security be provided as a condition for the issuance of a
RCRA permit.
In the case of a permit to operate a hazardous waste or
PCB incinerator as defined in subsection (k) of Section 44,
the Agency shall require, as a condition of the permit, that
the operator of the facility perform such analyses of the
waste to be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency
shall require that a performance bond or other security be
provided as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1
of this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined
by the Clean Air Act, as now or hereafter amended, this
Act, or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application including the terms
and conditions of the permit to be issued and the facts,
conduct or other basis upon which the Agency will rely to
support its proposed action.
(3) Following such notice, the Agency shall give
the applicant an opportunity for a hearing in accordance
with the provisions of Sections 10-25 through 10-60 of
the Illinois Administrative Procedure Act.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in
which the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal
site owner and operator for the deposit of that specific
hazardous waste stream. The Agency may grant specific
authorization for disposal of hazardous waste streams only
after the generator has reasonably demonstrated that,
considering technological feasibility and economic
reasonableness, the hazardous waste cannot be reasonably
recycled for reuse, nor incinerated or chemically, physically
or biologically treated so as to neutralize the hazardous
waste and render it nonhazardous. In granting authorization
under this Section, the Agency may impose such conditions as
may be necessary to accomplish the purposes of the Act and
are consistent with this Act and regulations promulgated by
the Board hereunder. If the Agency refuses to grant
authorization under this Section, the applicant may appeal as
if the Agency refused to grant a permit, pursuant to the
provisions of subsection (a) of Section 40 of this Act. For
purposes of this subsection (h), the term "generator" has the
meaning given in Section 3.12 of this Act, unless: (1) the
hazardous waste is treated, incinerated, or partially
recycled for reuse prior to disposal, in which case the last
person who treats, incinerates, or partially recycles the
hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
(i) Before issuing any RCRA permit or any permit for the
conduct of any waste-transportation or waste-disposal
operation, the Agency shall conduct an evaluation of the
prospective operator's prior experience in waste management
operations. The Agency may deny such a permit if the
prospective operator or any employee or officer of the
prospective operator has a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of refuse disposal facilities or sites; or
(2) conviction in this or another State of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing
of any hazardous waste.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have
a permit under subsection (d) of Section 21 shall expire at
the end of 2 calendar years from the date upon which it was
issued, unless within that period the applicant has taken
action to develop the facility or the site. In the event that
review of the conditions of the development permit is sought
pursuant to Section 40 or 41, or permittee is prevented from
commencing development of the facility or site by any other
litigation beyond the permittee's control, such two-year
period shall be deemed to begin on the date upon which such
review process or litigation is concluded.
(l) No permit shall be issued by the Agency under this
Act for construction or operation of any facility or site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act,
and as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons
the permit application was denied. Such statements shall
include but not be limited to the following:
(1) the Sections of this Act that may be violated
if the permit were granted;
(2) the specific regulations promulgated pursuant
to this Act that may be violated if the permit were
granted;
(3) the specific information, if any, the Agency
deems the applicant did not provide in its application to
the Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement
with the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description
of the site, a topographic map of the site drawn to the scale
of 200 feet to the inch or larger, a description of the
operation, including the area served, an estimate of the
volume of materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is
developed or the permitted composting area of which is
expanded after November 17, 1991, the composting area is
located at least 1/8 mile from the nearest residence
(other than a residence located on the same property as
the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the
site, and will collect and manage any leachate that is
generated on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations
on operating hours, appropriate noise control measures
for shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance
with any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.70 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of
the Rivers, Lakes, and Streams Act.
(o) From September 4, 1990 until December 31, 1993, no
permit shall be issued by the Agency for the development or
construction of any new facility intended to be used for the
incineration of any hazardous waste. This subsection shall
not apply to facilities intended for use for combustion of
potentially infectious medical waste, for use as part of a
State or federally designated clean-up action, or for use
solely for the conduct of research and the development and
demonstration of technologies for the incineration of
hazardous waste.
(p) (1) Any person submitting an application for a
permit for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing
MSWLF unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall publish
notice of the application in a newspaper of general
circulation in the county in which the MSWLF unit is or is
proposed to be located. The notice must be published at
least 15 days before submission of the permit application to
the Agency. The notice shall state the name and address of
the applicant, the location of the MSWLF unit or proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life of the proposed activity, the date the permit
application will be submitted, and a statement that persons
may file written comments with the Agency concerning the
permit application within 30 days after the filing of the
permit application unless the time period to submit comments
is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later then 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality
in which the MSWLF unit is or is proposed to be located at
the same time the application is submitted to the Agency.
The permit application filed with the county board or
governing body of the municipality shall include all
documents submitted to or to be submitted to the Agency,
except trade secrets as determined under Section 7.1 of this
Act. The permit application and other documents on file with
the county board or governing body of the municipality shall
be made available for public inspection during regular
business hours at the office of the county board or the
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction.
(Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
(415 ILCS 5/57.14)
Sec. 57.14. Advisory Committee; regulations.
(a) There is hereby established an Underground Storage
Tank Advisory Committee which shall consist of one member
from the Illinois State Chamber of Commerce, one member from
the Illinois Manufacturers Association, one member from the
Illinois Petroleum Council, 2 members from the Illinois
Petroleum Marketers Association, and one member from the
Consulting Engineers Council of Illinois.
(b) Within 6 months after the effective date of this
amendatory Act of 1993, the Agency, after consultation with
the Underground Storage Tank Advisory Committee, shall
propose regulations prescribing procedures and standards for
its administration of this Title. Within 6 months after
receipt of the Agency's proposed regulations, the Board shall
adopt, pursuant to Sections 27 and 28 of this Act,
regulations which are consistent with this Title. The
regulations, at a minimum, shall specify all of the
following:
(1) Criteria for determining indicator contaminants
based on the type of petroleum stored in an underground
storage tank. If no groundwater standard exists for an
indicator contaminant, the regulations shall specify
procedures to define and quantify appropriate groundwater
objectives.
(2) Types of corrective action activities which are
eligible for payment.
(3) Costs which are not corrective action costs.
(4) Procedures for requesting payment for
corrective action costs and information necessary to
complete such requests.
(5) Procedures for requesting submitting corrective
action plans and budgets under this Title and the
information necessary to complete such plans and budgets.
(6) Procedures for determining and collecting
excess payments.
(7) In the case of plans or reports submitted to
the Agency under this Title, the proposed and final
regulations shall specify procedures for the review of
plans or reports. A payment application that certifies
that a corrective action program was completed in
accordance with an approved proposal or report and at or
below the approved budget amount shall be deemed approved
unless the Agency has reason to believe that the
certification is fraudulent.
(c) Until such time as the regulations required under
this Section take effect, the Agency shall administer its
activities under this Title in accordance with the provisions
therein.
(d) Members of the advisory committee may organize
themselves as they deem necessary. Members shall serve
without compensation but shall be reimbursed for their
expenses from Underground Storage Tank Fund.
(e) By September 15, 1996, Within 6 months after the
effective date of this amendatory Act of 1995, the Agency
shall propose regulations in accordance with item (2) (B) of
subsection (b) of Section 57.7, subsection (b) of Section
57.8, and subsection (f) of Section 57.10. Within 6 months
after receipt of the Agency's proposed regulations, the Board
shall adopt, under Sections 27 and 28 of this Act, rules that
are consistent with item (2) (B) of subsection (b) of Section
57.7, subsection (b) of Section 57.8, and subsection (f) of
Section 57.10.
(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
5-22-96; revised 5-24-96.)
Section 2-210. The Environmental Impact Fee Law is
amended by changing Sections 310 and 320 as follows:
(415 ILCS 125/310)
(Section scheduled to be repealed on January 1, 2003)
Sec. 310. Environmental impact fee; imposition.
Beginning January 1, 1996, all receivers of fuel are subject
to an environmental impact fee of $60 per 7,500 gallons of
fuel, or an equivalent amount per fraction thereof, that is
sold or used in Illinois. The fee shall be paid by the
receiver in this State who first sells or uses the fuel. The
environmental impact fee imposed by this Law replaces the fee
imposed under the corresponding provisions of Article 3 of
Public Act 89-428. Environmental impact fees paid under that
Article 3 shall satisfy the receiver's corresponding
liability under this Law.
A receiver of fuels is subject to the fee without regard
to whether the fuel is intended to be used for operation of
motor vehicles on the public highways and waters. However,
no fee shall be imposed upon the importation or receipt of
aviation fuels and kerosene at airports with over 170,000
operations per year, located in a city of more than 1,000,000
inhabitants, for sale to or use by holders of certificates of
public convenience and necessity or foreign air carrier
permits, issued by the United States Department of
Transportation, and their air carrier affiliates, or upon the
importation or receipt of aviation fuels and kerosene at
facilities owned or leased by those certificate or permit
holders and used in their activities at an airport described
above. In addition, no fee may be imposed upon the
importation or receipt of diesel fuel by a rail carrier
registered under Section 18c-7201 of the Illinois Vehicle
Code and used directly in railroad operations. In addition,
no fee may be imposed when the sale is made with delivery to
a purchaser outside this State or when the sale is made to a
person holding a valid license as a receiver. In addition,
no fee shall be imposed upon diesel fuel consumed or used in
the operation of ships, barges, or vessels, that are used
primarily in or for the transportation of property in
interstate commerce for hire on rivers bordering on this
State, if the diesel fuel is delivered by a licensed receiver
to the purchaser's barge, ship, or vessel while it is afloat
upon that bordering river. A specific notation thereof shall
be made on the invoices or sales slips covering each sale.
(Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96;
89-468, eff. 1-1-97; revised 10-31-96.)
(415 ILCS 125/320)
(Section scheduled to be repealed on January 1, 2003)
Sec. 320. Deposit of fee receipts. All money received
by the Department under this Law shall be deposited in the
Underground Storage Tank Fund created by Section 57.11 22.13
of the Environmental Protection Act.
(Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96;
revised 5-24-96.)
Section 2-215. The Humane Care for Animals Act is
amended by changing Section 16 as follows:
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating Sections 5, 5.01,
or 6 of this Act or any rule, regulation, or order of the
Department pursuant thereto, is guilty of a Class C
misdemeanor.
(b) (1) This subsection (b) does not apply where the
only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b), (c) or (h) of Section 4.01 of this Act or any
rule, regulation, or order of the Department pursuant
thereto, is guilty of a Class A misdemeanor.
(3) A second or subsequent offense involving the
violation of subsection (a), (b) or (c) of Section 4.01
of this Act or any rule, regulation, or order of the
Department pursuant thereto is a Class 4 felony.
(4) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation, or order of the Department pursuant thereto,
is guilty of a Class B misdemeanor.
(5) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation,
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(c) (1) This subsection (c) applies exclusively where
the only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of a Class 4 felony and may be fined an amount not
to exceed $50,000.
(3) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of Class A misdemeanor, if such person knew or
should have known that the device or equipment under
subsection (d) or (e) of that Section or the site,
structure or facility under subsection (f) of that
Section was to be used to carry out a violation where the
only animals involved were dogs. Where such person did
not know or should not reasonably have been expected to
know that the only animals involved in the violation were
dogs, the penalty shall be same as that provided for in
paragraph (4) of subsection (b).
(4) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(5) A second or subsequent violation of subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
a Class 3 felony. A second or subsequent violation of
subsection (d), (e) or (f) of Section 4.01 of this Act or
any rule, regulation or order of the Department adopted
pursuant thereto is a Class 3 felony, if in each
violation the person knew or should have known that the
device or equipment under subsection (d) or (e) of that
Section or the site, structure or facility under
subsection (f) of that Section was to be used to carry
out a violation where the only animals involved were
dogs. Where such person did not know or should not
reasonably have been expected to know that the only
animals involved in the violation were dogs, a second or
subsequent violation of subsection (d), (e) or (f) of
Section 4.01 of this Act or any rule, regulation or order
of the Department adopted pursuant thereto is a Class A
misdemeanor. A second or subsequent violation of
subsection (g) is a Class B misdemeanor.
(6) Any person convicted of violating Section 3.01
of this Act is guilty of a Class C misdemeanor. A second
conviction for a violation of Section 3.01 is a Class B
misdemeanor. A third or subsequent conviction for a
violation of Section 3.01 is a Class A misdemeanor.
(7) Any person convicted of violating Section 4.03
is guilty of a Class B misdemeanor.
(8) Any person convicted of violating Section 4.04
is guilty of a Class A misdemeanor where the dog is not
killed or totally disabled, but if the dog is killed or
totally disabled such person shall be guilty of a Class 4
felony.
(8.5) A person convicted of violating subsection
(a) of Section 7.15 is guilty of a Class B misdemeanor.
A person convicted of violating subsection (b) or (c) of
Section 7.15 is (i) guilty of a Class A misdemeanor if
the dog is not killed or totally disabled and (ii) if the
dog is killed or totally disabled, guilty of a Class 4
felony and may be ordered by the court to make
restitution to the disabled person having custody or
ownership of the dog for veterinary bills and replacement
costs of the dog.
(9) Any person convicted of violating any other
provision of this Act, or any rule, regulation, or order
of the Department pursuant thereto, is guilty of a Class
C misdemeanor with every day that a violation continues
constituting a separate offense.
(d) Any person convicted of violating Section 7.1 is
guilty of a petty offense. A second or subsequent conviction
for a violation of Section 7.1 is a Class C misdemeanor.
(e) Any person convicted of violating Section 3.02 is
guilty of a Class A misdemeanor.
The Department may enjoin a person from a continuing
violation of this Act.
(Source: P.A. 88-66; 88-600, eff. 9-1-94; 89-455, eff.
5-20-96; 89-689, eff. 12-31-96; revised 1-14-97.)
Section 2-220. The Illinois Forestry Development Act is
amended by changing Section 6a as follows:
(525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
(Section scheduled to be repealed on December 31, 1998)
Sec. 6a. Illinois Forestry Development Council.
(a) The Illinois Forestry Development Council is hereby
recreated.
(b) The Council shall consist of 24 members appointed as
follows:
(1) four members of the General Assembly, one
appointed by the President of the Senate, one appointed
by the Senate Minority Leader, one appointed by the
Speaker of the House of Representatives, and one
appointed by the House Minority Leader;
(2) one member appointed by the Governor to
represent the Governor;
(3) the Directors of the Departments of Natural
Resources, Agriculture, and Commerce and Community
Affairs, the Executive Director of the Illinois Farm
Development Authority, and the Director of the Office of
Rural Affairs, or their designees;
(4) the chairman of the Department of Forestry or a
forestry academician, appointed by the Dean of
Agriculture at Southern Illinois University at
Carbondale;
(5) the head of the Department of Natural Resources
and Environmental Sciences or a forestry academician,
appointed by the Dean of Agriculture at the University of
Illinois;
(6) two members, appointed by the Governor, who
shall be private timber growers;
(7) one member, appointed by the president of the
Illinois Wood Products Association, who shall be involved
in primary forestry industry;
(8) one member, appointed by the president of the
Illinois Wood Products Association, who shall be involved
in secondary forestry industry;
(9) one member who is actively involved in
environmental issues, appointed by the Governor;
(10) the president of the Association of Illinois
Soil and Water Conservation Districts;
(11) two persons who are actively engaged in
farming, appointed by the Governor;
(12) one member, appointed by the Governor, whose
primary area of expertise is urban forestry;
(13) one member appointed by the President of the
Illinois Arborists Association;
(14) The Supervisor of the Shawnee National Forest
and the United States Department of Agriculture Natural
Resource Conservation Service's State Conservationist, ex
officio, or their designees.
(c) Members of the Council shall serve without
compensation but shall be reimbursed for actual expenses
incurred in the performance of their duties which are not
otherwise reimbursed.
(d) The Council shall select from its membership a
chairperson and such other officers as it considers
necessary.
(e) Other individuals, agencies and organizations may be
invited to participate as deemed advisable by the Council.
(f) The Council shall study and evaluate the forestry
resources and forestry industry of Illinois. The Council
shall:
(1) determine the magnitude, nature and extent of
the State's forestry resources;
(2) determine current uses and project future
demand for forest products, services and benefits in
Illinois;
(3) determine and evaluate the ownership
characteristics of the State's forests, the motives for
forest ownership and the success of incentives necessary
to stimulate development of forest resources;
(4) determine the economic development and
management opportunities that could result from
improvements in local and regional forest product
marketing and from the establishment of new or additional
wood-related businesses in Illinois;
(5) confer with and offer assistance to the
Illinois Farm Development Authority relating to its
implementation of forest industry assistance programs
authorized by the "Illinois Farm Development Act";
(6) determine the opportunities for increasing
employment and economic growth through development of
forest resources;
(7) determine the effect of current governmental
policies and regulations on the management of woodlands
and the location of wood products markets;
(8) determine the staffing and funding needs for
forestry and other conservation programs to support and
enhance forest resources development;
(9) determine the needs of forestry education
programs in this State;
(10) confer with and offer assistance to the
Department of Natural Resources relating to the
implementation of urban forestry assistance grants
pursuant to the "Urban and Community Forestry Assistance
Act"; and
(11) determine soil and water conservation benefits
and wildlife habitat enhancement opportunities that can
be promoted through approved forestry management plans.
(g) The Council shall report its findings and
recommendations for future State action to the General
Assembly no later than July 1, 1988.
(h) This Section 6a is repealed December 31, 1998.
(Source: P.A. 89-445, eff. 2-7-96; 89-626, eff. 8-9-96;
revised 10-3-96.)
Section 2-225. The Illinois Vehicle Code is amended by
changing Sections 2-119, 3-412, 11-408, 15-102, 18c-1104, and
18c-3204, setting forth and renumbering multiple versions of
Sections 3-629, 3-631, and 3-632, and renumbering Sections
1201.1 and 11.1427 as follows:
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall
be deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December
31, 1994, of the money collected for each certificate of
title, duplicate certificate of title and corrected
certificate of title, $0.50 shall be deposited into the Used
Tire Management Fund. Beginning January 1, 1990 and
concluding December 31, 1994, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $1.50 shall be deposited in
the Park and Conservation Fund. Beginning January 1, 1995,
of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $2 shall be deposited in the Park and Conservation
Fund. The moneys deposited in the Park and Conservation Fund
pursuant to this Section shall be used for the acquisition
and development of bike paths as provided for in Section
63a36 of the Civil Administrative Code of Illinois. Except as
otherwise provided in this Code, all remaining moneys
collected for certificates of title, and all moneys collected
for filing of security interests, shall be placed in the
General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section
6-118 shall be placed in the Driver Education Fund in the
State Treasury.
(d) Prior to December 28, 1989, of the monies collected
as a registration fee for each motorcycle, motor driven cycle
and motorized pedalcycle, $4 of each annual registration fee
for such vehicle and $2 of each semiannual registration fee
for such vehicle is deposited in the Cycle Rider Safety
Training Fund. Beginning on December 28, 1989 and until
January 1, 1992, of the monies collected as a registration
fee for each motorcycle, motor driven cycle and motorized
pedalcycle, $6 of each annual registration fee for such
vehicle and $3 of each semiannual registration fee for such
vehicle shall be deposited in the Cycle Rider Safety Training
Fund.
Beginning January 1, 1992 and until January 1, 1994, of
the monies collected as a registration fee for each
motorcycle, motor driven cycle and motorized pedalcycle, $7
of each annual registration fee for such vehicle and $3.50 of
each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
Beginning January 1, 1994, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
motorized pedalcycle, $8 of each annual registration fee for
such vehicle and $4 of each semiannual registration fee for
such vehicle is deposited in the Cycle Rider Safety Training
Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Fund.
(f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial
driver's license (CDL) pursuant to the Uniform Commercial
Driver's License Act (UCDLA), $6 of the total fee for an
original or renewal CDL, and $6 of the total CDL instruction
permit fee when such permit is issued to any person holding a
valid Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act.
(g) All remaining moneys received by the Secretary of
State as registration fees or taxes or as payment of any
other fee, as provided in this Act, except fees received by
the Secretary under paragraph (7) of subsection (b) of
Section 5-101 and Section 5-109 of this Code, shall be
deposited in the Road Fund in the State Treasury. Moneys in
the Road Fund shall be used for the purposes provided in
Section 8.3 of the State Finance Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special
fund to be known as the Secretary of State Special License
Plate Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of
State (i) to help defray plate manufacturing and plate
processing costs for the issuance and, when applicable,
renewal of any new or existing special registration plates
authorized under this Code and (ii) for grants made by the
Secretary of State to benefit Illinois Veterans Home
libraries.
On or before October 1, 1995, the Secretary of State
shall direct the State Comptroller and State Treasurer to
transfer any unexpended balance in the Special Environmental
License Plate Fund, the Special Korean War Veteran License
Plate Fund, and the Retired Congressional License Plate Fund
to the Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into
the Fund under paragraph (7) of subsection (b) of Section
5-101 and Section 5-109 shall, subject to appropriation, be
used by the Office of the Secretary of State to administer
the Motor Vehicle Review Board, including without limitation
payment of compensation and all necessary expenses incurred
in administering the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the
State Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) (k) The Illinois Fire Fighters' Memorial Fund is
created as a special fund in the State Treasury. Moneys
deposited into the Fund shall, subject to appropriation, be
used by the Office of the State Fire Marshal for construction
of the Illinois Fire Fighters' Memorial to be located at the
State Capitol grounds in Springfield, Illinois. Upon the
completion of the Memorial, the Office of the State Fire
Marshal shall certify to the State Treasurer that
construction of the Memorial has been completed.
(Source: P.A. 88-333; 88-485; 88-589, eff. 8-14-94; 88-670,
eff. 12-2-94; 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates and registration
stickers to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall
issue or shall cause to be issued to the owner one
registration plate for a motorcycle, trailer, semitrailer,
motorized pedalcycle or truck-tractor, 2 registration plates
for other motor vehicles and, where applicable, current
registration stickers for motor vehicles of the first
division. The provisions of this Section may be made
applicable to such vehicles of the second division, as the
Secretary of State may, from time to time, in his discretion
designate. On subsequent annual registrations during the term
of the registration plate as provided in Section 3-414.1, the
Secretary shall issue or cause to be issued registration
stickers as evidence of current registration. However, the
issuance of annual registration stickers to vehicles
registered under the provisions of Section 3-402.1 of this
Code may not be required if the Secretary deems the issuance
unnecessary.
(b) Every registration plate shall have displayed upon
it the registration number assigned to the vehicle for which
it is issued, the name of this State, which may be
abbreviated, the year number for which it was issued, which
may be abbreviated, the phrase "Land of Lincoln", except as
provided in Sections 3-626, Section 3-629, 3-633, 3-634,
3-637, and 3-638 and Section 3-631, and such other letters or
numbers as the Secretary may prescribe. However, for
apportionment plates issued to vehicles registered under
Section 3-402.1, the phrase "Land of Lincoln" may be omitted
to allow for the word "apportioned" to be displayed. The
Secretary may in his discretion prescribe that letters be
used as prefixes only on registration plates issued to
vehicles of the first division which are registered under
this Code and only as suffixes on registration plates issued
to other vehicles. Every registration sticker issued as
evidence of current registration shall designate the year
number for which it is issued and such other letters or
numbers as the Secretary may prescribe and shall be of a
contrasting color with the registration plates and
registration stickers of the previous year.
(c) Each registration plate and the required letters and
numerals thereon, except the year number for which issued,
shall be of sufficient size to be plainly readable from a
distance of 100 feet during daylight, and shall be coated
with reflectorizing material. The dimensions of the plate
issued to vehicles of the first division shall be 6 by 12
inches.
(d) The Secretary of State shall issue for every
passenger motor vehicle rented without a driver the same type
of registration plates as the type of plates issued for a
private passenger vehicle.
(e) The Secretary of State shall issue for every
passenger car used as a taxicab or livery, distinctive
registration plates.
(f) The Secretary of State shall issue for every
motorcycle distinctive registration plates distinguishing
between motorcycles having 150 or more cubic centimeters
piston displacement, or having less than 150 cubic centimeter
piston displacement.
(g) Registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that
such vehicles are for-hire.
(h) The Secretary of State shall issue for each electric
vehicle distinctive registration plates which shall
distinguish between electric vehicles having a maximum
operating speed of 45 miles per hour or more and those having
a maximum operating speed of less than 45 miles per hour.
(i) The Secretary of State shall issue for every public
and private ambulance registration plates identifying the
vehicle as an ambulance. The Secretary shall forward to the
Department of Public Aid registration information for the
purpose of verification of claims filed with the Department
by ambulance owners for payment for services to public
assistance recipients.
(j) The Secretary of State shall issue for every public
and private medical carrier or rescue vehicle livery
registration plates displaying numbers within ranges of
numbers reserved respectively for medical carriers and rescue
vehicles. The Secretary shall forward to the Department of
Public Aid registration information for the purpose of
verification of claims filed with the Department by owners of
medical carriers or rescue vehicles for payment for services
to public assistance recipients.
(Source: P.A. 88-45; 88-485; 89-424, eff. 6-1-96; 89-564,
eff. 7-1-97; 89-612, eff. 8-9-96; 89-621, eff. 1-1-97;
89-639, eff. 1-1-97; revised 9-9-96.)
(625 ILCS 5/3-629)
Sec. 3-629. Collegiate license plates; scholarship fund.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue collegiate license plates. The collegiate
plates issued under this Section shall be affixed only to
passenger vehicles of the first division and motor vehicles
of the second division weighing not more than 8,000 pounds
and subject to the staggered registration system. Plates
issued under this Section shall expire according to the
staggered multi-year procedure established under Section
3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary of State may, at his or her discretion, issue the
plates for any public or degree-granting, not-for-profit
private college or university located in this State. The
Secretary may, in his or her discretion, allow the plates to
be issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall prescribe
the eligibility requirements including a minimum level of
specialized license plates requests and, in his or her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant shall be charged a $40 fee for original
issuance in addition to the applicable registration fee. Of
the original issuance fee in the case of a public university
or college, $25 shall be deposited into the State College and
University Trust Fund and $15 shall be deposited into the
Secretary of State Special License Plate Fund to be used by
the Secretary of State, subject to appropriation, to help
defray the administrative costs of issuing the plate. Of the
original issuance fee in the case of a degree-granting,
not-for-profit private college or university, $25 shall be
deposited into the University Grant Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund to be used by the Secretary of State, subject to
appropriation, to help defray the administrative cost of
issuing the plate. In addition to the regular renewal fee,
an applicant shall be charged $27 for the renewal of each set
of license plates issued under this Section; $25 shall be
deposited into the State College and University Trust Fund in
the case of a public university or college or into the
University Grant Fund in the case of a degree-granting,
not-for-profit private college or university, and $2 shall be
deposited into the Secretary of State Special License Plate
Fund plates for all collegiate plates.
(d) The State College and University Trust Fund is
created as a special fund in the State treasury. All moneys
in the State College and University Trust Fund shall be
distributed on January 1 of each year to each public
university or college in proportion to the number of plates
sold in regard to that university or college according to
subsection (c) for administration of the Higher Education
License Plate Grant program. Moneys deposited into the State
College and University Trust Fund shall be distributed to the
public university or college for the sole purpose of
scholarship grant awards.
(e) The University Grant Fund is created as a special
fund in the State treasury. All moneys in the University
Grant Fund shall be appropriated to the Illinois Student
Assistance Commission to make grants under the Higher
Education License Plate Grant Program.
(Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/3-631)
Sec. 3-631. Sportsmen Series license plate.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary of State, may issue
special registration plates designated to be Sportsmen Series
license plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first
division, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined
by Section 1-169 of this Code. Plates issued under this
Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall
accompany the application. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of
this Code.
(c) An applicant shall be charged a $40 fee for original
issuance in addition to the appropriate registration fee, if
applicable. Of this fee, $25 shall be deposited into the
Illinois Habitat Fund and $15 shall be deposited into the
Secretary of State Special License Plate Fund, to be used by
the Secretary of State to help defray the administrative
processing costs. For each registration renewal period, a
$27 fee, in addition to the appropriate registration fee,
shall be charged. Of this fee, $25 shall be deposited into
the Illinois Habitat Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(Source: P.A. 89-611, eff. 1-1-97.)
(625 ILCS 5/3-632)
Sec. 3-632. Wildlife Prairie Park license plate.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary of State, may issue
special registration plates to be designated Wildlife Prairie
Park license plates. The special plates issued under this
Section shall be affixed only to passenger vehicles of the
first division, motor vehicles of the second division
weighing not more than 8,000 pounds, and recreational
vehicles as defined by Section 1-169 of this Code. Plates
issued under this Section shall expire according to the
multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall
accompany the application. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of
this Code.
(c) An applicant shall be charged a $40 fee for original
issuance in addition to the appropriate registration fee, if
applicable. Of this fee, $25 shall be deposited into the
Wildlife Prairie Park Fund and $15 shall be deposited into
the Secretary of State Special License Plate Fund, to be used
by the Secretary of State to help defray the administrative
processing costs. For each registration renewal period, a
$27 fee, in addition to the appropriate registration fee,
shall be charged. Of this fee, $25 shall be deposited into
the Wildlife Prairie Park Fund and $2 shall be deposited into
the Secretary of State Special License Plate Fund.
(Source: P.A. 89-611, eff. 1-1-97.)
(625 ILCS 5/3-633)
Sec. 3-633. 3-631. Universal Charitable Organization
license plate.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue Universal Charitable Organization license
plates to residents of Illinois on behalf of organizations
that meet the requirements of Title 26, Section 501(c)(3) of
the United States Code formed for any bona fide charitable,
benevolent, philanthropic, or patriotic purpose. The
Secretary of State may prescribe rules establishing
additional eligibility criteria for charitable organizations
under this Section. The special Universal Charitable
Organization plate issued under this Section shall be affixed
only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000
pounds. Plates issued under this Section shall expire
according to the staggered multi-year procedure established
by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
plates are not required to designate "Land of Lincoln", as
prescribed in subsection (b) of Section 3-412 of this Code.
Charitable organizations deemed eligible by the Secretary of
State shall design charitable decals to be affixed on plates
issued under this Section. The Secretary may prescribe rules
governing the requirements and approval of charitable decals.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee.
This additional fee shall be deposited into the Secretary of
State Special License Plate Fund. For each registration
renewal period, a $2 fee, in addition to the appropriate
registration fee, shall be charged and shall be deposited
into the Secretary of State Special License Plate Fund.
Charitable organizations may establish a fee for the purchase
of their charitable decal and shall report by July 31 of each
year to the Secretary of State Vehicle Services Department
the sticker fee, the number of charitable decals sold, the
total revenue received from the sale of charitable decals
during the previous fiscal year, and any other information
deemed necessary by the Secretary of State.
(Source: P.A. 89-564, eff. 7-1-97; revised 10-8-96.)
(625 ILCS 5/3-634)
Sec. 3-634. 3-629. Illinois Fire Fighters' License
Plate.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary of State, may issue
special registration plates designated to be Illinois Fire
Fighters' Memorial license plates. The special plates issued
under this Section shall be affixed only to passenger
vehicles of the first division, motor vehicles of the second
division weighing not more than 8,000 pounds, recreational
vehicles as defined in Section 1-169 of this Code, and
subject to the staggered registration system. Plates issued
under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. The
Secretary of State may, in his or her discretion, allow the
plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are
not required to designate "Land of Lincoln", as prescribed in
subsection (b) of Section 3-412 of this Code. The Secretary
of State shall prescribe stickers or decals as provided under
Section 3-412.
(c) An applicant shall be charged a $27 fee for original
issuance in addition to the applicable registration fee. Of
this additional fee, $15 shall be deposited into the
Secretary of State Special License Plate Fund and $12 shall
be deposited into the Illinois Fire Fighters' Memorial Fund.
For each registration renewal period, a $17 fee, in addition
to the appropriate registration fee, shall be charged. Of
this fee, $2 shall be deposited into the Secretary of State
Special License Plate Fund and $15 shall be deposited into
the Illinois Fire Fighters' Memorial Fund.
(Source: P.A. 89-612, eff. 8-9-96; revised 10-8-96.)
(625 ILCS 5/3-635)
Sec. 3-635. 3-631. Master Mason plates.
(a) The Secretary, upon receipt of all applicable fees
and applications made in the form prescribed by the
Secretary, may issue special registration plates designated
as Master Mason license plates.
The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division or
motor vehicles of the second division weighing not more than
8,000 pounds.
Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of
this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall
accompany each application.
(c) An applicant for the special plate shall be charged
a $25 fee for original issuance in addition to the
appropriate registration fee. Of this fee, $10 shall be
deposited into the Master Mason Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be
charged. Of this fee, $23 shall be deposited into the Master
Mason Fund and $2 shall be deposited into the Secretary of
State Special License Plate Fund.
(d) The Master Mason Fund is created as a special fund
in the State treasury. All money in the Master Mason Fund
shall be paid, subject to appropriation by the General
Assembly and approval by the Secretary, as grants to The
Illinois Masonic Foundation for the Prevention of Drug and
Alcohol Abuse Among Children, Inc., a not-for-profit
corporation, for the purpose of providing Model Student
Assistance Programs in public and private schools in
Illinois.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-8-96.)
(625 ILCS 5/3-636)
Sec. 3-636. 3-632. Knights of Columbus plates.
(a) The Secretary, upon receipt of all applicable fees
and applications made in the form prescribed by the
Secretary, may issue special registration plates designated
as Knights of Columbus license plates.
The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division or
motor vehicles of the second division weighing not more than
8,000 pounds.
Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of
this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall
accompany each application.
(c) An applicant for the special plate shall be charged
a $25 fee for original issuance in addition to the
appropriate registration fee. Of this fee, $10 shall be
deposited into the Knights of Columbus Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be
charged. Of this fee, $23 shall be deposited into the
Knights of Columbus Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Knights of Columbus Fund is created as a special
fund in the State treasury. All money in the Knights of
Columbus Fund shall be paid, subject to appropriation by the
General Assembly and approval by the Secretary, as grants for
charitable purposes sponsored by the Knights of Columbus.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-8-96.)
(625 ILCS 5/3-637)
Sec. 3-637. 3-631. D.A.R.E. license plate.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary of State, may issue
special registration plates designated to be D.A.R.E. (Drug
Abuse Resistance Education) license plates. The special
plates issued under this Section shall be affixed only to
passenger vehicles of the first division, motor vehicles of
the second division weighing not more than 8,000 pounds, and
recreational vehicles as defined by Section 1-169 of this
Code. Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of
this Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall
accompany the application. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of
this Code.
(c) An applicant shall be charged a $45 fee for original
issuance in addition to the appropriate registration fee, if
applicable. Of this fee, $10 shall be deposited into the
State D.A.R.E. Fund; $10 shall be deposited into the County
D.A.R.E. Fund if the county, as indicated by the applicant's
address, has a D.A.R.E. program, otherwise the $10 fee shall
be deposited into the State D.A.R.E. Fund; $10 shall be
deposited into the Municipal D.A.R.E. Fund if the
municipality, as indicated by the applicant's address, has a
D.A.R.E. program, otherwise the $10 fee shall be deposited
into the County D.A.R.E. Fund if the county, as indicated by
the applicant's address, has a D.A.R.E. program, otherwise
the $10 fee shall be deposited into the State D.A.R.E. Fund;
and $15 shall be deposited into the Secretary of State
Special License Plate Fund.
For each registration renewal period, a $29 fee, in
addition to the appropriate registration fee, shall be
charged. Of this fee, $9 shall be deposited into the State
D.A.R.E. Fund; $9 shall be deposited into the County D.A.R.E.
Fund if the county, as indicated by the applicant's address,
has a D.A.R.E. program, otherwise the $9 fee shall be
deposited into the State D.A.R.E. Fund; $9 shall be deposited
into the Municipal D.A.R.E. Fund if the municipality, as
indicated by the applicant's address, has a D.A.R.E. program,
otherwise the $9 fee shall be deposited into the County
D.A.R.E. Fund if the county, as indicated by the applicant's
address, has a D.A.R.E. program, otherwise the $9 fee shall
be deposited into the State D.A.R.E. Fund; and $2 shall be
deposited into the Secretary of State Special License Plate
Fund.
(d) The State D.A.R.E. Fund is created as a special fund
in the State Treasury. All money in the State D.A.R.E. Fund
shall be distributed, subject to appropriation by the General
Assembly, to the Illinois State Police for its D.A.R.E.
program.
The County D.A.R.E. Fund is created as a special fund in
the State Treasury. All money in the County D.A.R.E. Fund
shall be distributed, subject to appropriation by the General
Assembly, to the Illinois State Police. The Illinois State
Police shall make grants of this money to counties for their
D.A.R.E. programs based on the proportion of money the County
D.A.R.E. Fund has received from each county, as indicated by
the applicant's address.
The Municipal D.A.R.E. Fund is created as a special fund
in the State Treasury. All money in the Municipal D.A.R.E.
Fund shall be distributed, subject to appropriation by the
General Assembly, to the Illinois State Police. The Illinois
State Police shall make grants of this money to
municipalities for their D.A.R.E. programs based on the
proportion of money the Municipal D.A.R.E. Fund has received
from each municipality, as indicated by the applicant's
address.
(Source: P.A. 89-621, eff. 1-1-97; revised 10-8-96.)
(625 ILCS 5/3-638)
Sec. 3-638. 3-631. U.S. Veteran License Plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue U.S. Veteran license plates to residents of
Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special U.S. Veteran plate issued
under this Section shall be affixed only to passenger
vehicles of the first division and motor vehicles of the
second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1
of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to
be issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall prescribe
the eligibility requirements and, in his or her discretion,
shall approve and prescribe stickers or decals as provided
under Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee.
This additional fee shall be deposited into the Secretary of
State Special License Plate Fund. For each registration
renewal period, a $2 fee, in addition to the appropriate
registration fee, shall be charged and shall be deposited
into the Secretary of State Special License Plate Fund.
(Source: P.A. 89-639, eff. 1-1-97; revised 10-8-96.)
(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
Sec. 11-408. Police to report motor vehicle accident
investigations.
(a) Every law enforcement officer who investigates a
motor vehicle accident for which a report is required by this
Article or who prepares a written report as a result of an
investigation either at the time and scene of such motor
vehicle accident or thereafter by interviewing participants
or witnesses shall forward a written report of such motor
vehicle accident to the Administrator on forms provided by
the Administrator under Section 11-411 within 10 days after
investigation of the motor vehicle accident, or within such
other time as is prescribed by the Administrator. Such
written reports required to be forwarded by law enforcement
officers and the information contained therein are privileged
as to the Secretary of State and the Department and, in the
case of second division vehicles operated under certificate
of convenience and necessity issued by the Illinois Commerce
Commission, to the Commission, but shall not be held
confidential by the reporting law enforcement officer or
agency. The Secretary of State may also disclose notations
of accident involvement maintained on individual driving
records. However, the Administrator or the Secretary of
State may require a supplemental written report from the
reporting law enforcement officer and such supplemental
report shall be for the privileged use of the Secretary of
State and the Department and shall be held confidential.
(b) The Department at its discretion may require a
supplemental written report from the reporting law
enforcement officer on a form supplied by the Department to
be submitted directly to the Department. Such supplemental
report may be used only for accident studies and statistical
or analytical purposes, and shall be for the privileged use
of the Department and shall be held confidential.
(c) The Department at its discretion may also provide
for in-depth investigations of a motor vehicle accident by
individuals or special investigation groups, including but
not limited to police officers, photographers, engineers,
doctors, mechanics, and as a result of the investigation may
require the submission of written reports, photographs,
charts, sketches, graphs, or a combination of all. Such
individual written reports, photographs, charts, sketches, or
graphs may be used only for accident studies and statistical
or analytical purposes, shall be for the privileged use of
the Department and held confidential, and shall not be used
in any trial, civil or criminal.
(d) On and after July 1, 1997, law enforcement officers
who have reason to suspect that the motor vehicle accident
was the result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical
Review Law of 1992, or the result of any medical condition
that impaired the driver's ability to safely operate a motor
vehicle shall notify the Secretary of this determination.
The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative
rule the temporary conditions not required to be reported
under the provisions of this Section. The Secretary shall,
in conjunction with the Illinois State Police and
representatives of local and county law enforcement agencies,
promulgate any rules necessary and develop the procedures and
documents that may be required to obtain written, electronic,
or other agreed upon methods of notification to implement the
provisions of this Section.
(e) Law enforcement officers reporting under the
provisions of subsection (d) of this Section shall enjoy the
same immunities granted members of the Driver's License
Medical Advisory Board under Section 6-910 of this Code.
(f) All information furnished to the Secretary under
subsection (d) of this Section shall be deemed confidential
and for the privileged use of the Secretary in accordance
with the provisions of subsection (j) of Section 2-123 of
this Code.
(Source: P.A. 89-503, eff. 7-1-96; 89-584, eff. 7-31-96;
revised 8-26-96.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. 1201.1. Automated Railroad Crossing
Enforcement System.
(a) For the purposes of this Section, an automated
railroad grade crossing enforcement system is a system
operated by a law enforcement agency that records a driver's
response to automatic, electrical or mechanical signal
devices and crossing gates. The system shall be designed to
obtain a clear photograph or other recorded image of the
vehicle, vehicle operator and the vehicle registration plate
of a vehicle in violation of Section 11-1201. The photograph
or other recorded image shall also display the time, date and
location of the violation.
(b) Commencing on January 1, 1996, the Illinois Commerce
Commission and the Commuter Rail Board of the Regional
Transportation Authority shall, in cooperation with local law
enforcement agencies, establish a two year pilot program
within a county with a population of between 750,000 and
1,000,000 using an automated railroad grade crossing
enforcement system. The Commission shall determine the 3
railroad grade crossings within that county that pose the
greatest threat to human life based upon the number of
accidents and fatalities at the crossings during the past 5
years and with approval of the local law enforcement agency
equip the crossings with an automated railroad grade crossing
enforcement system.
(c) For each violation of Section 11-1201 recorded by an
automatic railroad grade crossing system, the local law
enforcement agency having jurisdiction shall issue a written
Uniform Traffic Citation of the violation to the registered
owner of the vehicle. The Uniform Traffic Citation shall be
delivered to the registered owner, by mail, within 30 days of
the violation. The Uniform Traffic Citation shall include
the name and address of vehicle owner, the vehicle
registration number, the offense charged, the time, date, and
location of the violation, the first available court date and
that the basis of the citation is the photograph or other
recorded image from the automated railroad grade crossing
enforcement system.
(d) The Uniform Traffic Citation issued to the violator
shall be accompanied by a written document which explains the
violator's rights and obligations and how the violator can
elect to proceed by either paying the fine or challenging the
issuance of the Uniform Traffic Citation.
(e) Any photograph or other recorded image evidencing a
violation of Section 11-1201 shall be admissible in any
proceeding resulting from the issuance of the Uniform Traffic
Citation. Photographs or recorded images made by an
automatic railroad grade crossing enforcement system shall be
confidential, and shall be made available only to the
defendant, governmental and law enforcement agencies for the
purposes of adjudicating a violation of Section 11-1201 of
the Illinois Vehicle Code.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad
grade crossing is being monitored, that citations will be
issued, and the amount of the fine for violation.
(g) The cost of the installation and maintenance of each
automatic railroad grade crossing enforcement system shall be
paid from the Grade Crossing Protection Fund if the rail line
is not owned by Commuter Rail Board of the Regional
Transportation Authority. If the rail line is owned by the
Commuter Rail Board of the Regional Transportation Authority,
the costs of the installation and maintenance shall be paid
from the Regional Transportation Authority's portion of the
Public Transportation Fund.
(h) The Illinois Commerce Commission shall issue a
report to the General Assembly at the conclusion of the two
year pilot program on the effectiveness of the automatic
railroad grade crossing enforcement system.
(Source: P.A. 89-454, eff. 5-17-96; revised 5-24-96.)
(625 ILCS 5/11-1427)
Sec. 11-1427. 11.1427. It is unlawful for any person to
drive or operate any all-terrain vehicle or off-highway
motorcycle in the following ways:
(a) Careless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in a careless
or heedless manner so as to be grossly indifferent to the
person or property of other persons, or at a rate of speed
greater than will permit him in the exercise of reasonable
care to bring the all-terrain vehicle or off-highway
motorcycle to a stop within the assured clear distance ahead.
(b) Reckless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in such a
manner as to endanger the life, limb or property of any
person.
(c) Within any nature preserve as defined in Section
3.11 of the Illinois Natural Areas Preservation Act.
(d) On the tracks or right of way of an operating
railroad.
(e) In any tree nursery or planting in a manner which
damages or destroys growing stock, or creates a substantial
risk thereto.
(f) On private property, without the written or verbal
consent of the owner or lessee thereof. Any person operating
an all-terrain vehicle or off-highway motorcycle upon lands
of another shall stop and identify himself upon the request
of the landowner or his duly authorized representative, and,
if requested to do so by the landowner shall promptly remove
the all-terrain vehicle or off-highway motorcycle from the
premises.
(g) Notwithstanding any other law to the contrary, an
owner, lessee, or occupant of premises owes no duty of care
to keep the premises safe for entry or use by others for use
by an all-terrain vehicle or off-highway motorcycle, or to
give warning of any condition, use, structure or activity on
such premises.
Nothing in this subsection limits in any way liability
which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure,
or activity.
(h) On publicly owned lands unless such lands are
designated for use by all-terrain vehicles or off-highway
motorcycles. For publicly owned lands to be designated for
use by all-terrain vehicles or off-highway motorcycles a
public hearing shall be conducted by the governmental entity
that has jurisdiction over the proposed land prior to the
designation.
Nothing in this subsection limits in any way liability
which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure,
or activity.
(i) Other Prohibitions.
(1) No person, except persons permitted by law,
shall operate or ride any all-terrain vehicle or
off-highway motorcycle with any firearm in his possession
unless it is unloaded and enclosed in a carrying case, or
any bow unless it is unstrung or rendered unable to fire
and is in a carrying case.
(2) No person shall operate any all-terrain vehicle
or off-highway motorcycle emitting pollutants in
violation of standards established pursuant to the
Environmental Protection Act.
(3) No person shall deposit from an all-terrain
vehicle or off-highway motorcycle on the snow, ice or
ground surface, trash, glass, garbage, insoluble
material, or other offensive matter.
(Source: P.A. 86-1091; revised 1-6-97.)
(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of Vehicles.
(a) Except as otherwise provided in this Section or this
Code, the total outside width of any vehicle or load thereon
shall not exceed 8 feet.
(b) Except during those times when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a
distance of 1000 feet, the following vehicles may exceed the
8 feet limitation during the period from a half hour before
sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm
products provided that the load is not more than 12 feet
wide.
(2) Implements of husbandry being transported on
another vehicle and the transporting vehicle while
loaded.
The following requirements apply to the
transportation on another vehicle of an implement of
husbandry wider than 8 feet 6 inches on the National
System of Interstate and Defense Highways or other
highways in the system of State highways:
(A) The driver of a vehicle transporting an
implement of husbandry that exceeds 8 feet 6 inches
in width shall obey all traffic laws and shall check
the roadways prior to making a movement in order to
ensure that adequate clearance is available for the
movement. It is prima facie evidence that the
driver of a vehicle transporting an implement of
husbandry has failed to check the roadway prior to
making a movement if the vehicle is involved in a
collision with a bridge, overpass, fixed structure,
or properly placed traffic control device or if the
vehicle blocks traffic due to its inability to
proceed because of a bridge, overpass, fixed
structure, or properly placed traffic control
device.
(B) Flags shall be displayed so as to wave
freely at the extremities of overwidth objects and
at the extreme ends of all protrusions, projections,
and overhangs. All flags shall be clean, bright red
flags with no advertising, wording, emblem, or
insignia inscribed upon them and at least 18 inches
square.
(C) "OVERSIZE LOAD" signs are mandatory on the
front and rear of all vehicles with loads over 10
feet wide. These signs must have 12-inch high black
letters with a 2-inch stroke on a yellow sign that
is 7 feet wide by 18 inches high.
(D) One civilian escort vehicle is required
for a load that exceeds 14 feet 6 inches in width
and 2 civilian escort vehicles are required for a
load that exceeds 16 feet in width on the National
System of Interstate and Defense Highways or other
highways in the system of State highways.
(E) The requirements for a civilian escort
vehicle and driver are as follows:
(1) The civilian escort vehicle shall be
a passenger car or a second division vehicle
not exceeding a gross vehicle weight of 8,000
pounds that is designed to afford clear and
unobstructed vision to both front and rear.
(2) The escort vehicle driver must be
properly licensed to operate the vehicle.
(3) While in use, the escort vehicle must
be equipped with illuminated rotating,
oscillating, or flashing amber lights or
flashing amber strobe lights mounted on top
that are of sufficient intensity to be visible
at 500 feet in normal sunlight.
(4) "OVERSIZE LOAD" signs are mandatory
on all escort vehicles. The sign on an escort
vehicle shall have 8-inch high black letters on
a yellow sign that is 5 feet wide by 12 inches
high.
(5) When only one escort vehicle is
required and it is operating on a two-lane
highway, the escort vehicle shall travel
approximately 300 feet ahead of the load. The
rotating, oscillating, or flashing lights or
flashing amber strobe lights and an "OVERSIZE
LOAD" sign shall be displayed on the escort
vehicle and shall be visible from the front.
When only one escort vehicle is required and it
is operating on a multilane divided highway,
the escort vehicle shall travel approximately
300 feet behind the load and the sign and
lights shall be visible from the rear.
(6) When 2 escort vehicles are required,
one escort shall travel approximately 300 feet
ahead of the load and the second escort shall
travel approximately 300 feet behind the load.
The rotating, oscillating, or flashing lights
or flashing amber strobe lights and an
"OVERSIZE LOAD" sign shall be displayed on the
escort vehicles and shall be visible from the
front on the lead escort and from the rear on
the trailing escort.
(7) When traveling within the corporate
limits of a municipality, the escort vehicle
shall maintain a reasonable and proper distance
from the oversize load, consistent with
existing traffic conditions.
(8) A separate escort shall be provided
for each load hauled.
(9) The driver of an escort vehicle shall
obey all traffic laws.
(10) The escort vehicle must be in safe
operational condition.
(11) The driver of the escort vehicle
must be in radio contact with the driver of the
vehicle carrying the oversize load.
(F) A transport vehicle while under load of
more than 8 feet 6 inches in width must be equipped
with illuminated rotating, oscillating, or flashing
amber lights or flashing amber strobe lights mounted
on the top of the cab or on the load that are of
sufficient intensity to be visible at 500 feet in
normal sunlight.
(G) When a flashing amber light is required on
the transport vehicle under load and it is operating
on a two-lane highway, the transport vehicle shall
display to the rear at least one rotating,
oscillating, or flashing light or a flashing amber
strobe light and an "OVERSIZE LOAD" sign. When a
flashing amber light is required on the transport
vehicle under load and it is operating on a
multilane divided highway, the sign and light shall
be visible from the rear.
(H) Maximum speed shall be 45 miles per hour
on all such moves or 5 miles per hour above the
posted minimum speed limit, whichever is greater,
but the vehicle shall not at any time exceed the
posted maximum speed limit.
(3) Portable buildings designed and used for
agricultural and livestock raising operations that are
not more than 14 feet wide and with not more than a 1
foot overhang along the left side of the hauling vehicle.
However, the buildings shall not be transported more than
10 miles and not on any route that is part of the
National System of Interstate and Defense Highways.
All buildings when being transported shall display at
least 2 red cloth flags, not less than 12 inches square,
mounted as high as practicable on the left and right side of
the building.
A State Police escort shall be required if it is
necessary for this load to use part of the left lane when
crossing any 2 laned State highway bridge.
(c) Vehicles propelled by electric power obtained from
overhead trolley wires operated wholly within the corporate
limits of a municipality are also exempt from the width
limitation.
(d) Exemptions are also granted to vehicles designed for
the carrying of more than 10 persons under the following
conditions:
(1) (Blank);
(2) When operated within any public transportation
service with the approval of local authorities or an
appropriate public body authorized by law to provide
public transportation. Any vehicle so operated may be 8
feet 6 inches in width; or
(3) When a county engineer or superintendent of
highways, after giving due consideration to the mass
transportation needs of the area and to the width and
condition of the road, has determined that the operation
of buses wider than 8 feet will not pose an undue safety
hazard on a particular county or township road segment,
he or she may authorize buses not to exceed 8 feet 6
inches in width on any highway under that engineer's or
superintendent's jurisdiction.
(e) A vehicle and load traveling upon the National
System of Interstate and Defense Highways or any other
highway in the system of State highways that has been
designated as a Class I or Class II highway by the
Department, or any street or highway designated by local
authorities or road district commissioners, may have a total
outside width of 8 feet 6 inches, provided that certain
safety devices that the Department determines as necessary
for the safe and efficient operation of motor vehicles shall
not be included in the calculation of width.
Vehicles operating under this paragraph (e) shall have
access for a distance of one highway mile to or from a Class
I highway on any street or highway, unless there is a sign
prohibiting the access, or 5 highway miles to or from a Class
I or II highway on a street or highway included in the system
of State highways and upon any street or highway designated
by local authorities or road district commissioners, without
additional fees, to points of loading and unloading and to
facilities for food, fuel, repairs and rest. In addition, any
trailer or semitrailer not exceeding 28 feet 6 inches in
length, that was originally in combination with a truck
tractor, and all household goods carriers, when operating
under paragraph (e), shall have access to points of loading
and unloading.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code and
other safety devices identified by the Department may project
up to 14 inches beyond each side of a bus and up to 6 inches
beyond each side of any other vehicle, and that projection
shall not be deemed a violation of the width restrictions of
this Section.
(g) Any person who is convicted of violating this
Section is subject to the penalty as provided in paragraph
(b) of Section 15-113.
(Source: P.A. 88-45; 88-476; 88-517; 88-589, eff. 8-14-94;
88-670, eff. 12-2-94; 88-675, eff. 12-14-94; 88-684, eff.
1-24-95; 89-551, eff. 1-1-97; 89-658, eff. 1-1-97; revised
9-3-96.)
(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104. Definitions. The following terms, when
used in this Chapter, have the hereinafter designated
meanings unless their context clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier
of property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or otherwise, as
arranging or offering to arrange for-hire transportation of
property or other service in connection therewith by a motor
carrier of property which holds or is required to hold a
license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier
other than a private carrier.
(3) "Certificate" means a certificate of public
convenience and necessity issued under this Chapter to common
carriers of household goods or common carriers by.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the
Commission pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions;
and all terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for
agricultural and livestock purposes only.
(11) "For-hire" means for compensation or hire,
regardless of the form of compensation and whether
compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a
motor carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire, which,
in the rendition of its services:
(a) Undertakes responsibility for the consolidation
(where applicable), transportation, break-bulk (where
applicable), and distribution of such property from the
point of receipt to the point of delivery; and
(b) Utilizes, for the transportation of such
property, the services of one or more motor carriers or
rail carriers.
(13) "Hazardous material" means any substance or
material in a quantity and form determined by the federal
Office of Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable risk
to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be
used in a dwelling when a part of the equipment or supply
of such dwelling; except that this subdivision (13.1)
shall not be construed to include property moving from a
factory or store, except such property as the householder
has purchased with intent to use in his or her dwelling
and that is transported at the request of, and the
transportation charges paid to the carrier by, the
householder;
(B) Furniture, fixtures, equipment, and the
property of stores, offices, museums, institutions,
hospitals, or other establishments, when a part of the
stock, equipment, or supply of such stores, offices,
museums, institutions, hospitals, or other
establishments; except that this subdivision (13.1) shall
not be construed to include the stock-in-trade of any
establishment, whether consignor or consignee, other than
used furniture and used fixtures, except when transported
as an incident to the moving of the establishment, or a
portion thereof, from one location to another; and
(C) Articles, including, but not limited to,
objects of art, displays, and exhibits, which, because of
their unusual nature or value, require the specialized
handling and equipment usually employed in moving
household goods; except that this subdivision (13.1)
shall not be construed to include any article, whether
crated or uncrated, that does not, because of its unusual
nature or value, require the specialized handling and
equipment usually employed in moving household goods.
(13.2) "Household goods carrier" means a motor carrier
of property authorized to transport household goods.
(13.3) "Household goods common carrier" means any
household goods carrier engaged in transportation for the
general public over regular or irregular routes. Household
goods common carriers may also be referred to as "common
carriers of household goods.".
(13.4) "Household goods contract carrier" means any
household goods carrier engaged in transportation under
contract with a limited number of shippers (that shall not be
freight forwarders, shippers' agents or brokers) that either
(a) assigns motor vehicles for a continuing period of time to
the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the
distinct need of the shipper or shippers served. Household
goods contract carriers may also be referred to as "contract
carriers of household goods.".
(14) "Interstate carrier" means any person engaged in
the for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or not
such transportation is pursuant to authority issued to it by
the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in
the for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a
point in the State of Illinois and a point outside the State
of Illinois, or between points outside the State of Illinois
when such commerce moves through Illinois, or between points
in Illinois moving through another state in a bona fide
operation that is either exempt from federal regulation or
moves under a certificate or permit issued by the Interstate
Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or partly
by motor vehicle and partly by any other regulated means of
transportation where the commodity does not come to rest or
change its identity during the movement, and includes
commerce originating or terminating in a foreign country
moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether such
commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For
purposes of Article III of Sub-chapter 4 of this Chapter,
"license" does not include a "public carrier certificate.".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for hire,
over the public roads of this State, by motor vehicle. Motor
carriers engaged in the transportation of property are
referred to as "motor carriers of property"; motor carriers
engaged in the transportation of passengers are referred to
as "motor carriers of passengers" or "bus companies.".
(20) "Motor vehicle" means any vehicle, truck,
trucktractor, trailer or semitrailer propelled or drawn by
mechanical power and used upon the highways of the State in
the transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of
wrecker or towing equipment, other than the removal of
trespassing vehicles from private property subject to the
provisions of Chapter 18a of this Code, and other than
transportation exempted by Section 18c-4102; and
(b) For-hire towing of wheeled property other than
vehicles.
(22) "Notice" means with regard to all proceedings
except enforcement proceedings instituted on the motion of
the Commission, and except for interstate motor carrier
registrations, public notice by publication in the official
state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by the
Director of Central Management Services of the State of
Illinois, or, if said Director fails to certify to the
Commission the name and address of the official newspaper
selected by the Director prior to expiration of the previous
certification, the newspaper designated in the most recent
certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a matter of
right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter
to contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents of the
person, as well as any trustees, assignees, receivers, or
personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers by
motor vehicle other than for hire, whether the person is the
owner, lessee or bailee of the lading or otherwise, when the
transportation is for the purpose of sale, lease, or bailment
and in furtherance of the person's primary business, other
than transportation. "Private carriers by motor vehicle" may
be referred to as "private carriers.". Ownership, lease or
bailment of the lading is not sufficient proof of a private
carrier operation if the carrier is, in fact, engaged in the
transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of
property, other than a household goods carrier.
(27.2) "Public carrier certificate" means a certificate
issued to a motor carrier to transport property, other than
household goods, in intrastate commerce. The issuance of a
public carrier certificate shall not be subject to the
provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be
construed to have the same meaning under this Chapter as it
was construed by the courts to have under the Illinois Motor
Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act "An Act concerning
public utilities", approved June 29, 1921, as amended, with
respect to motor carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the
same meaning under this Chapter as it was construed by the
courts to have under the Illinois Motor Carrier of Property
Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or owned
by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals and
other facilities, and equipment, including engines, freight
cars, passenger cars, cabooses, and other equipment, used in
the transportation of property or passengers by rail.
(32) "Rail yard" means a system of parallel tracks,
cross-overs and switches where cars are switched and made up
into trains, and where cars, locomotives, and other rolling
stock are kept when not in use or awaiting repairs. A "rail
yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare,
toll, or charge of any carrier or carriers, any provisions
relating to application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff" refers to
a publication or document containing motor common carrier
rates and provisions or rates and provisions applicable via
rail carrier under contracts established pursuant to 49 U.S.
Code 10713. The term "schedule" refers to a publication or
document containing motor contract carrier rates and
provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area
within the corporate boundary of an incorporated city,
village, municipality, or community center, the area (whether
incorporated or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city, village or
municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation,
merger, acquisition or change of control, or other transfer
of a license, in whole or in part.
(38) "Transportation" means the actual movement of
property or passengers by motor vehicle (without regard to
ownership of vehicles or equipment used in providing
transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service
provided by the carrier in connection with movement by motor
vehicle or rail, which is performed by or on behalf of the
carriers, its employees or agents, or under the authority or
direction of the carrier or under the apparent authority or
direction and with the knowledge of the carrier.
Transportation of property by motor vehicle includes
driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of
wheeled property by means of a crane, hoist, towbar, towline,
or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or
auxiliary axles, when used in relation to towing accidentally
wrecked or disabled vehicles; and roll-back carriers or
trailers, when used in relation to transporting accidentally
wrecked or disabled vehicles. Wrecker or towing equipment
does not include car carriers or trailers other than
roll-back car carriers or trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96;
revised 1-27-96.)
(625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
Sec. 18c-3204. Rate Proceedings.
(1) Initiation of proceedings. The Commission may
initiate a proceeding to investigate or prescribe tariffs or
schedules on its own motion or on complaint.
(2) Suspension of tariffs and schedules.
(a) Suspension of tariffs. The Commission may
suspend a tariff, in whole or in part, during the
pendency of a proceeding to consider the reasonableness
of the tariff, or to consider whether the tariff is
discriminatory, or to consider whether the tariff
otherwise violates provisions of this Chapter, Commission
regulations or orders, provided the order of suspension
is issued prior to the effective date of the tariff. The
suspension shall remain in effect for the period allowed
under this Chapter unless the Commission order provides
for a shorter period of suspension. At the end of the
statutory suspension period the suspension may be
extended by agreement of the parties; otherwise, the
tariff shall go into effect. The statutory suspension
period is:
(i) Seven months for public carriers and
household goods common carriers;
(ii) One hundred and twenty days for motor
carriers of passengers; and
(iii) Five months for rail carriers, unless
the period is extended for an additional 3 months in
accordance with provisions of the Interstate
Commerce Act.
(b) Suspension of schedules. The Commission may
suspend a household goods contract carrier schedule, in
whole or in part, during the pendency of a proceeding to
consider whether the schedule violates provisions of this
Chapter, Commission regulations or orders, provided the
order of suspension is issued prior to the effective date
of the schedule. The suspension shall remain in effect
for 7 months unless the Commission order provides for a
shorter period of suspension. At the end of this period,
the suspension may be extended by agreement of the
parties; otherwise, the schedule shall go into effect.
(c) Burden of proof in investigation proceedings.
The burden of proof in an investigation proceeding shall
be on the proponent of the rate unless otherwise provided
in a valid preemptive federal statute which governs the
rate.
(3) Prescription of tariffs and schedules. The
Commission may prescribe tariffs where it has determined, in
accordance with Section 18c-2102 of this Chapter, that a
tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Chapter,
Commission regulations or orders. The Commission may
prescribe schedules where it has determined, after hearing,
that a schedule filed by a carrier is in violation of this
Chapter, Commission regulations or orders.
(4) Relief. The Commission may, where it finds a tariff
or schedule to be in violation of this Chapter, its
regulations or orders, or finds rates or provisions in a
tariff unjust, unreasonable, or discriminatory, and in
accordance with Section 18c-2102 of this Chapter, direct the
carrier to:
(a) Publish and file a supplement cancelling the
tariff or file notice of cancellation of the schedule, in
whole or in part;
(b) Publish and file a new tariff or file a new
schedule containing rates and provisions prescribed by
the Commission; and
(c) Repay any overcharges or collect any
undercharges, and, except with regard to household goods
carriers, pay reparations.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96;
revised 1-27-96.)
Section 2-230. The Juvenile Court Act of 1987 is amended
by changing Sections 5-10 and 5-23 as follows:
(705 ILCS 405/5-10) (from Ch. 37, par. 805-10)
Sec. 5-10. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or
shelter care hearing, all witnesses present shall be examined
before the court in relation to any matter connected with the
allegations made in the petition. No hearing may be held
unless the minor is represented by counsel.
(1) If the court finds that there is not probable cause
to believe that the minor is a delinquent minor it shall
release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is a delinquent minor, the minor, his
or her parent, guardian, custodian and other persons able to
give relevant testimony shall be examined before the court.
After such testimony, the court may enter an order that the
minor shall be released upon the request of a parent,
guardian or custodian if the parent, guardian or custodian
appears to take custody. Custodian shall include any agency
of the State which has been given custody or wardship of the
child.
If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may
prescribe detention or shelter care and order that the minor
be kept in a suitable place designated by the court or in a
shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency; otherwise it shall release the minor from custody. If
the court prescribes shelter care, then in placing the minor,
the Department or other agency shall, to the extent
compatible with the court's order, comply with Section 7 of
the Children and Family Services Act. In making the
determination of the existence of immediate and urgent
necessity, the court shall consider among other matters: (a)
the nature and seriousness of the alleged offense; (b) the
minor's record of delinquency offenses, including whether the
minor has delinquency cases pending; (c) the minor's record
of willful failure to appear following the issuance of a
summons or warrant; and (d) the availability of non-custodial
alternatives, including the presence of a parent, guardian or
other responsible relative able and willing to provide
supervision and care for the minor and to assure his or her
compliance with a summons. If the minor is ordered placed in
a shelter care facility of a licensed child welfare agency,
the court shall, upon request of the agency, appoint the
appropriate agency executive temporary custodian of the minor
and the court may enter such other orders related to the
temporary custody of the minor as it deems fit and proper.
The order together with the court's findings of fact in
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that such placement is no longer necessary
for the protection of the minor.
(3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the detention or shelter care
hearing, he or she may file his or her affidavit setting
forth these facts, and the clerk shall set the matter for
rehearing not later than 24 hours, excluding Sundays and
legal holidays, after the filing of the affidavit. At the
rehearing, the court shall proceed in the same manner as
upon the original hearing.
(4) Only when there is reasonable cause to believe that
the minor taken into custody is a delinquent minor may the
minor be kept or detained in a juvenile detention home. This
Section shall in no way be construed to limit subsection (5).
(5) Except as provided in subsection (5.1), no minor
under 16 years of age may be confined in a jail or place
ordinarily used for the confinement of prisoners in a police
station. Minors under 17 years of age must be kept separate
from confined adults and may not at any time be kept in the
same cell, room, or yard with adults confined pursuant to the
criminal law.
(5.1) (a) If a minor 12 years of age or older is
confined in a county jail, in a county with a population
below 3,000,000 inhabitants, then the minor's confinement
shall be implemented in such a manner that there will be no
contact by sight, sound or otherwise between the minor and
adult prisoners. Minors 12 years of age or older must be
kept separate from confined adults and may not at any time be
kept in the same cell, room, or yard with confined adults.
This paragraph (5.1)(a) shall only apply to confinement
pending an adjudicatory hearing and shall not exceed 36
hours, excluding Saturdays, Sundays, and court designated
holidays. To accept or hold minors during this time period,
county jails shall comply with all monitoring standards for
juvenile detention homes promulgated by the Department of
Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (5.1)(a) of
this Section but not exceeding 7 days including Saturdays,
Sundays, and holidays, pending an adjudicatory hearing,
county jails shall comply with all temporary detention
standards promulgated by the Department of Corrections and
training standards approved by the Illinois Law Enforcement
Training Standards Board.
(c) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (5.1)(a) and
(5.1)(b), county jails shall comply with all programmatic and
training standards for juvenile detention homes promulgated
by the Department of Corrections.
(6) If the minor is not brought before a judicial
officer within the time period as specified in Section 5-9,
the minor must immediately be released from custody.
(7) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not
later than 7 days after the original order and shall issue a
summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall
prepare a report on the minor. If a parent, guardian or
custodian does not appear at such rehearing, the judge may
enter an order prescribing that the minor be kept in a
suitable place designated by the Department of Human Services
or a licensed child welfare agency. The time during which a
minor is in custody after being released upon the request of
a parent, guardian or custodian shall be considered as time
spent in detention.
(8) Any interested party, including the State, the
temporary custodian, an agency providing services to the
minor or family under a service plan pursuant to Section 8.2
of the Abused and Neglected Child Reporting Act, foster
parent, or any of their representatives, may file a motion to
modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in detention or shelter care;
or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary custody order but does
not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-507, eff.
7-1-97; 89-656, eff. 1-1-97; revised 9-12-96.)
(705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
Sec. 5-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) Except as provided in Section 5-33 and Section
5-35, a minor found to be a delinquent under Section 5-3
may be:
(1) put on probation or conditional discharge
and released to his or her parents, guardian or
legal custodian, provided, however, that any such
minor who is not committed to the Department of
Corrections, Juvenile Division under this subsection
and who is found to be a delinquent for an offense
which is first degree murder, a Class X felony, or a
forcible felony shall be placed on probation;
(2) placed in accordance with Section 5-29,
with or without also being put on probation or
conditional discharge;
(3) where authorized under the Alcoholism and
Other Drug Abuse and Dependency Act, ordered
admitted for treatment for drug addiction by the
Department of Human Services;
(4) committed to the Department of Children
and Family Services, but only if the delinquent
minor is under 13 years of age;
(5) placed in detention for a period not to
exceed 30 days, either as the exclusive order of
disposition or, where appropriate, in conjunction
with any other order of disposition issued under
this paragraph, provided that any such detention
shall be in a juvenile detention home and the minor
so detained shall be 10 years of age or older.
However, the 30-day limitation may be extended by
further order of the court for a minor under age 13
committed to the Department of Children and Family
Services if the court finds that the minor is a
danger to himself or others. The minor shall be
given credit on the dispositional order of detention
for time spent in detention under Sections 5-10(2),
5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
result of the offense for which the dispositional
order was imposed. The court may grant credit on a
dispositional order of detention entered under a
violation of probation or violation of conditional
discharge under Section 5-25 of this Act for time
spent in detention before the filing of the petition
alleging the violation. A minor shall not be
deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related
act(s);
(6) ordered partially or completely
emancipated in accordance with the provisions of the
Emancipation of Mature Minors Act; or
(7) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period
of incarceration permitted by law for adults found
guilty of the same offense or offenses for which the
minor was adjudicated delinquent, and in any event
no longer than upon attainment of age 21; this
subdivision (7) notwithstanding any contrary
provision of the law.
(b) A minor found to be delinquent may be committed
to the Department of Corrections, Juvenile Division,
under Section 5-33 if the minor is 13 years of age or
older, provided that the commitment to the Department of
Corrections, Juvenile Division, shall be made only if a
term of incarceration is permitted by law for adults
found guilty of the offense for which the minor was
adjudicated delinquent. The time during which a minor is
in custody before being released upon the request of a
parent, guardian or custodian shall be considered as time
spent in detention.
(1.1) When a minor is found to be delinquent for an
offense which is a violation of the Illinois Controlled
Substances Act or the Cannabis Control Act and made a ward of
the court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in a
substance abuse program approved by the Department of Human
Services.
(2) Any order of disposition other than commitment to
the Department of Corrections, Juvenile Division, may provide
for protective supervision under Section 5-26 and may include
an order of protection under Section 5-27.
(3) Unless the order of disposition expressly so
provides, it does not operate to close proceedings on the
pending petition, but is subject to modification until final
closing and discharge of the proceedings under Section 5-34.
(4) In addition to any other order of disposition, the
court may order any minor found to be delinquent to make
restitution, in monetary or non-monetary form, under the
terms and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentence hearing" referred
to therein shall be the dispositional hearing for purposes of
this Section. The parent, guardian or legal custodian of the
minor may be ordered by the court to pay some or all of the
restitution on the minor's behalf, pursuant to the Parental
Responsibility Law, as now or hereafter amended. The State's
Attorney is authorized to act on behalf of any victim in
seeking restitution in proceedings under this Section, up to
the maximum amount allowed in Section 5 of the Parental
Responsibility Law.
(5) Any order for disposition where the minor is
committed or placed in accordance with Section 5-29 shall
provide for the parents or guardian of the estate of such
minor to pay to the legal custodian or guardian of the person
of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the
minor's needs. Such payments may not exceed the maximum
amounts provided for by Section 9.1 of the Children and
Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) In no event shall a delinquent minor be committed
for a period of time in excess of that period for which an
adult could be committed for the same act.
(8) A minor found to be delinquent for reasons that
include a violation of Section 21-1.3 of the Criminal Code of
1961 shall be ordered to perform community service for not
less than 30 and not more than 120 hours, if community
service is available in the jurisdiction. The community
service shall include, but need not be limited to, the
cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by
this Section.
(9) In addition to any other order of disposition, the
court shall order any minor found to be delinquent for an act
which would constitute criminal sexual assault, aggravated
criminal sexual abuse, or criminal sexual abuse if committed
by an adult to undergo medical testing to determine whether
the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the minor's person.
Except as otherwise provided by law, the results of the test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
disposition order was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom the results of the testing may be revealed.
The court shall notify the minor of the results of the test
for infection with the human immunodeficiency virus (HIV).
The court shall also notify the victim if requested by the
victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or the legal guardian
of the results of the test for infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed. The court
shall order that the cost of any test shall be paid by the
county and may be taxed as costs against the minor.
(10) When a court finds a minor to be delinquent the
court shall, before making a disposition under this Section,
make a finding whether the offense committed either: (i) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (ii) involved a
violation of paragraph (13) of subsection (a) of the Criminal
Code of 1961, a violation of any Section of Article 24 of the
Criminal Code of 1961, or a violation of any statute that
involved the wrongful use of a firearm. If the court
determines the question in the affirmative, and the court
does not commit the minor to the Department of Corrections,
Juvenile Division, the court shall order the minor to perform
community service for not less than 30 hours nor more than
120 hours, provided that community service is available in
the jurisdiction and is funded and approved by the county
board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damage to property located in the municipality or county in
which the violation occurred. When possible and reasonable,
the community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Corrections,
Juvenile Division. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
8-4-95; 89-302, eff. 8-11-95; 89-507, eff. 7-1-97; 89-689,
eff. 12-31-96; revised 1-15-97.)
Section 2-235. The Criminal Code of 1961 is amended by
changing Section 31-6 as follows:
(720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
Sec. 31-6. Escape; failure to report to a penal
institution or to report for periodic imprisonment.
(a) A person convicted of a felony, or charged with the
commission of a felony who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class 2 felony; however, a person
convicted of a felony who knowingly fails to report to a
penal institution or to report for periodic imprisonment at
any time or knowingly fails to return from furlough or from
work and day release, or who knowingly fails to abide by the
terms of home confinement is guilty of a Class 3 felony.
(b) A person convicted of a misdemeanor or charged with
the commission of a misdemeanor who intentionally escapes
from any penal institution or from the custody of an employee
of that institution commits a Class A misdemeanor; however, a
person convicted of a misdemeanor who knowingly fails to
report to a penal institution or to report for periodic
imprisonment at any time or knowingly fails to return from
furlough or from work and day release, or who knowingly fails
to abide by the terms of home confinement is guilty of a
Class B misdemeanor.
(c) A person in the lawful custody of a peace officer
for the alleged commission of a felony offense and who
intentionally escapes from custody commits a Class 2 felony;
however, a person in the lawful custody of a peace officer
for the alleged commission of a misdemeanor offense and who
intentionally escapes from custody commits a Class A
misdemeanor.
(c-5) A person in the lawful custody of a peace officer
for an alleged violation of a term or condition of probation,
conditional discharge, parole, or mandatory supervised
release for a felony and who intentionally escapes from
custody is guilty of a Class 2 felony.
(c-6) A person in the lawful custody of a peace officer
for an alleged violation of a term or condition of
supervision, probation, or conditional discharge for a
misdemeanor and who intentionally escapes from custody is
guilty of a Class A misdemeanor.
(d) A person who violates this Section while armed with
a dangerous weapon commits a Class 1 felony.
(Source: P.A. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97;
89-689, eff. 12-31-96; revised 1-14-97.)
Section 2-240. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-6.3 and 122-1 as follows:
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
Sec. 110-6.3. Denial of bail in stalking and aggravated
stalking offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to
a defendant who is charged with stalking or aggravated
stalking, when it is alleged that the defendant's admission
to bail poses a real and present threat to the physical
safety of the alleged victim of the offense, and denial of
release on bail or personal recognizance is necessary to
prevent fulfillment of the threat upon which the charge is
based.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while the
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a
continuance. A continuance on motion of the defendant
may not exceed 5 calendar days, and the defendant may be
held in custody during the continuance. A continuance on
the motion of the State may not exceed 3 calendar days;
however, the defendant may be held in custody during the
continuance under this provision if the defendant has
been previously found to have violated an order of
protection or has been previously convicted of, or
granted court supervision for, any of the offenses set
forth in Sections 12-2, 12-3.2, 12-4, 12-4.1, 12-7.3,
12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961, against the same person as the
alleged victim of the stalking or aggravated stalking
offense.
(b) The court may deny bail to the defendant when, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great
that the defendant has committed the offense of stalking
or aggravated stalking; and
(2) the defendant poses a real and present threat
to the physical safety of the alleged victim of the
offense; and
(3) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of the
threat upon which the charge is based; and
(4) the court finds that no condition or
combination of conditions set forth in subsection (b) of
Section 110-10 of this Code, including mental health
treatment at a community mental health center, hospital,
or facility of the Department of Human Services, can
reasonably assure the physical safety of the alleged
victim of the offense.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
threat to the alleged victim of the offense shall be
conducted in accordance with the following provisions:
(A) Information used by the court in its
findings or stated in or offered at the hearing may
be by way of proffer based upon reliable information
offered by the State or by defendant. Defendant has
the right to be represented by counsel, and if he is
indigent, to have counsel appointed for him.
Defendant shall have the opportunity to testify, to
present witnesses in his own behalf, and to
cross-examine witnesses if any are called by the
State. The defendant has the right to present
witnesses in his favor. When the ends of justice so
require, the court may exercise its discretion and
compel the appearance of a complaining witness. The
court shall state on the record reasons for granting
a defense request to compel the presence of a
complaining witness. Cross-examination of a
complaining witness at the pretrial detention
hearing for the purpose of impeaching the witness'
credibility is insufficient reason to compel the
presence of the witness. In deciding whether to
compel the appearance of a complaining witness, the
court shall be considerate of the emotional and
physical well-being of the witness. The pretrial
detention hearing is not to be used for the purposes
of discovery, and the post arraignment rules of
discovery do not apply. The State shall tender to
the defendant, prior to the hearing, copies of
defendant's criminal history, if any, if available,
and any written or recorded statements and the
substance of any oral statements made by any person,
if relied upon by the State. The rules concerning
the admissibility of evidence in criminal trials do
not apply to the presentation and consideration of
information at the hearing. At the trial concerning
the offense for which the hearing was conducted
neither the finding of the court nor any transcript
or other record of the hearing shall be admissible
in the State's case in chief, but shall be
admissible for impeachment, or as provided in
Section 115-10.1 of this Code, or in a perjury
proceeding.
(B) A motion by the defendant to suppress
evidence or to suppress a confession shall not be
entertained. Evidence that proof may have been
obtained as the result of an unlawful search and
seizure or through improper interrogation is not
relevant to this state of the prosecution.
(2) The facts relied upon by the court to support a
finding that:
(A) the defendant poses a real and present
threat to the physical safety of the alleged victim
of the offense; and
(B) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based;
shall be supported by clear and convincing evidence
presented by the State.
(d) Factors to be considered in making a determination
of the threat to the alleged victim of the offense. The court
may, in determining whether the defendant poses, at the time
of the hearing, a real and present threat to the physical
safety of the alleged victim of the offense, consider but
shall not be limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
charged;
(2) The history and characteristics of the
defendant including:
(A) Any evidence of the defendant's prior
criminal history indicative of violent, abusive or
assaultive behavior, or lack of that behavior. The
evidence may include testimony or documents received
in juvenile proceedings, criminal, quasi-criminal,
civil commitment, domestic relations or other
proceedings;
(B) Any evidence of the defendant's
psychological, psychiatric or other similar social
history that tends to indicate a violent, abusive,
or assaultive nature, or lack of any such history.
(3) The nature of the threat which is the basis of
the charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or
have access to any weapon or weapons;
(7) Whether, at the time of the current offense or
any other offense or arrest, the defendant was on
probation, parole, mandatory supervised release or other
release from custody pending trial, sentencing, appeal or
completion of sentence for an offense under federal or
state law;
(8) Any other factors, including those listed in
Section 110-5 of this Code, deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior,
or lack of that behavior.
(e) The court shall, in any order denying bail to a
person charged with stalking or aggravated stalking:
(1) briefly summarize the evidence of the
defendant's culpability and its reasons for concluding
that the defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and
for communication with others of his choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant
as required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of
the defendant under subsection (e) of this Section, the
defendant shall be brought to trial on the offense for which
he is detained within 90 days after the date on which the
order for detention was entered. If the defendant is not
brought to trial within the 90 day period required by this
subsection (f), he shall not be held longer without bail. In
computing the 90 day period, the court shall omit any period
of delay resulting from a continuance granted at the request
of the defendant. The court shall immediately notify the
alleged victim of the offense that the defendant has been
admitted to bail under this subsection.
(g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as
modifying or limiting in any way the defendant's presumption
of innocence in further criminal proceedings.
(Source: P.A. 89-462, eff. 5-29-96; 89-507, eff. 7-1-97;
revised 8-23-96.)
(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
Sec. 122-1. Petition in the trial court.
(a) Any person imprisoned in the penitentiary who
asserts that in the proceedings which resulted in his or her
conviction there was a substantial denial of his or her
rights under the Constitution of the United States or of the
State of Illinois or both may institute a proceeding under
this Article.
(b) The proceeding shall be commenced by filing with the
clerk of the court in which the conviction took place a
petition (together with a copy thereof) verified by
affidavit. Petitioner shall also serve another copy upon the
State's Attorney by any of the methods provided in Rule 7 of
the Supreme Court. The clerk shall docket the petition for
consideration by the court pursuant to Section 122-2.1 upon
his or her receipt thereof and bring the same promptly to the
attention of the court.
(c) No proceedings under this Article shall be commenced
more than 6 months after the denial of a petition for leave
to appeal or the date for filing such a petition if none is
filed or more than 45 days after the defendant files his or
her brief in the appeal of the sentence before the Illinois
Supreme Court (or more than 45 days after the deadline for
the filing of the defendant's brief with the Illinois Supreme
Court if no brief is filed) or 3 years from the date of
conviction, whichever is sooner, unless the petitioner
alleges facts showing that the delay was not due to his or
her culpable negligence.
(d) A person seeking relief by filing a petition under
this Section must specify in the petition or its heading that
it is filed under this Section. A trial court that has
received a petition complaining of a conviction or sentence
that fails to specify in the petition or its heading that it
is filed under this Section need not evaluate the petition to
determine whether it could otherwise have stated some grounds
for relief under this Article.
(e) A proceeding under this Article may not be commenced
on behalf of a defendant who has been sentenced to death
without the written consent of the defendant, unless the
defendant, because of a mental or physical condition, is
incapable of asserting his or her own claim.
(Source: P.A. 88-678, eff. 7-1-95; 89-284, eff. 1-1-96;
89-609, eff. 1-1-97; 89-684, eff. 6-1-97; revised 1-15-97.)
Section 2-245. The Rights of Crime Victims and Witnesses
Act is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges and corrections will provide
information, as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of
the status of the investigation, except where the State's
Attorney determines that disclosure of such information would
unreasonably interfere with the investigation, until such
time as the alleged assailant is apprehended or the
investigation is closed.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of
information, the return of an indictment by which a
prosecution for any violent crime is commenced, or the
filing of a petition to adjudicate a minor as a
delinquent for a violent crime;
(2) shall provide notice of the date, time, and
place of trial;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously
as possible, pursuant to the procedures set out in
Section 115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide information whenever possible, of
a secure waiting area during court proceedings that does
not require victims to be in close proximity to defendant
or juveniles accused of a violent crime, and their
families and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court
proceedings;
(8) in the case of the death of a person, which
death occurred in the same transaction or occurrence in
which acts occurred for which a defendant is charged with
an offense, shall notify the spouse, parent, child or
sibling of the decedent of the date of the trial of the
person or persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence, an advocate or other support person of the
victim's choice, and the right to retain an attorney, at
the victim's own expense, who, upon written notice filed
with the clerk of the court and State's Attorney, is to
receive copies of all notices, motions and court orders
filed thereafter in the case, in the same manner as if
the victim were a named party in the case; and
(10) at the sentencing hearing shall make a good
faith attempt to explain the minimum amount of time
during which the defendant may actually be physically
imprisoned. The Office of the State's Attorney shall
further notify the crime victim of the right to request
from the Prisoner Review Board information concerning the
release of the defendant under subparagraph (d)(1) of
this Section; and
(11) shall request restitution at sentencing and
shall consider restitution in any plea negotiation, as
provided by law.
(c) At the written request of the crime victim, the
office of the State's Attorney shall:
(1) provide notice a reasonable time in advance of
the following court proceedings: preliminary hearing, any
hearing the effect of which may be the release of
defendant from custody, or to alter the conditions of
bond and the sentencing hearing. The crime victim shall
also be notified of the cancellation of the court
proceeding in sufficient time, wherever possible, to
prevent an unnecessary appearance in court;
(2) provide notice within a reasonable time after
receipt of notice from the custodian, of the release of
the defendant on bail or personal recognizance or the
release from detention of a minor who has been detained
for a violent crime;
(3) explain in nontechnical language the details of
any plea or verdict of a defendant, or any adjudication
of a juvenile as a delinquent for a violent crime;
(4) where practical, consult with the crime victim
before the Office of the State's Attorney makes an offer
of a plea bargain to the defendant or enters into
negotiations with the defendant concerning a possible
plea agreement, and shall consider the written victim
impact statement, if prepared prior to entering into a
plea agreement;
(5) provide notice of the ultimate disposition of
the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(6) provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal;
(7) provide notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963,
and of the date, time and place of any hearing concerning
the petition. Whenever possible, notice of the hearing
shall be given in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered
by the Board in making its determination under subsection
(b) of Section 3-3-8 of the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim
or any other concerned citizen, upon written request, of
the prisoner's release on parole, mandatory supervised
release, electronic detention, work release or by the
custodian of the discharge of any individual who was
adjudicated a delinquent for a violent crime from State
custody and by the sheriff of the appropriate county of
any such person's final discharge from county custody.
The Prisoner Review Board, upon written request, shall
provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic
imprisonment. Notification shall be based on the most
recent information as to victim's or other concerned
citizen's residence or other location available to the
notifying authority. For purposes of this paragraph (1)
of subsection (d), "concerned citizen" includes relatives
of the victim, friends of the victim, witnesses to the
crime, or any other person associated with the victim or
prisoner.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the defendant's discharge from State
custody.
(3) In the event of an escape from State custody,
the Department of Corrections immediately shall notify
the Prisoner Review Board of the escape and the Prisoner
Review Board shall notify the victim. The notification
shall be based upon the most recent information as to the
victim's residence or other location available to the
Board. When no such information is available, the Board
shall make all reasonable efforts to obtain the
information and make the notification. When the escapee
is apprehended, the Department of Corrections immediately
shall notify the Prisoner Review Board and the Board
shall notify the victim.
(4) The victim of the crime for which the prisoner
has been sentenced shall receive reasonable written
notice not less than 15 days prior to the parole hearing
and may submit, in writing, on film, videotape or other
electronic means or in the form of a recording or in
person at the parole hearing, information for
consideration by the Prisoner Review Board. The victim
shall be notified within 7 days after the prisoner has
been granted parole and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act.
(5) If a statement is presented under Section 6,
the Prisoner Review Board shall inform the victim of any
order of discharge entered by the Board pursuant to
Section 3-3-8 of the Unified Code of Corrections.
(6) At the written request of the victim of the
crime for which the prisoner was sentenced, the Prisoner
Review Board shall notify the victim of the death of the
prisoner if the prisoner died while on parole or
mandatory supervised release.
(Source: P.A. 88-489; 88-559, eff. 1-1-95; 88-677, eff.
12-15-95; 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-235,
eff. 8-4-95; 89-481, eff. 1-1-97; 89-507, eff. 7-1-97;
revised 8-14-96.)
Section 2-50. The Unified Code of Corrections is amended
by changing Sections 3-2-2, 3-3-2, 3-6-2, 3-7-2, 3-15-2,
5-5-3, 5-5-3.2, 5-6-3, 5-6-3.1, 5-6-4, and 5-7-6 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and rehabilitation.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to assign
such persons to institutions and programs under its control
or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and Substance
Abuse (now the Department of Human Services), the Department
of Corrections shall develop a master plan for the screening
and evaluation of persons committed to its custody who have
alcohol or drug abuse problems, and for making appropriate
treatment available to such persons; the Department shall
report to the General Assembly on such plan not later than
April 1, 1987. The maintenance and implementation of such
plan shall be contingent upon the availability of funds.
(b-5) To develop, in consultation with the Department of
State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his or
her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize the
Department of Central Management Services to enter into an
agreement of the type described in subsection (d) of Section
67.02 of the Civil Administrative Code of Illinois. The
Department shall designate those institutions which shall
constitute the State Penitentiary System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties and
municipalities for the construction, remodeling or conversion
of a structure to be leased to the Department of Corrections
for the purposes of its serving as a correctional institution
or facility. Such construction, remodeling or conversion may
be financed with revenue bonds issued pursuant to the
Industrial Building Revenue Bond Act by the municipality or
county. The lease specified in a bid shall be for a term of
not less than the time needed to retire any revenue bonds
used to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.
Upon receipt of the bids, the Department may certify one
or more of the bids and shall submit any such bids to the
General Assembly for approval. Upon approval of a bid by a
constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement with
the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile detention
centers and to charge a per diem to the counties as
established by the Department to defray the costs of housing
each minor in a center. In this subsection (c-5), "juvenile
detention center" means a facility to house minors during
pendency of trial who have been transferred from proceedings
under the Juvenile Court Act of 1987 to prosecutions under
the criminal laws of this State in accordance with Section
5-4 of the Juvenile Court Act of 1987, whether the transfer
was by operation of law or permissive under that Section.
The Department shall designate the counties to be served by
each regional juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within its
institutions.
(e) To establish a system of supervision and guidance of
committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners for
use by the Department of Transportation to clean up the trash
and garbage along State, county, township, or municipal
highways as designated by the Department of Transportation.
The Department of Corrections, at the request of the
Department of Transportation, shall furnish such prisoners at
least annually for a period to be agreed upon between the
Director of Corrections and the Director of Transportation.
The prisoners used on this program shall be selected by the
Director of Corrections on whatever basis he deems proper in
consideration of their term, behavior and earned eligibility
to participate in such program - where they will be outside
of the prison facility but still in the custody of the
Department of Corrections. Prisoners convicted of first
degree murder, or a Class X felony, or armed violence, or
aggravated kidnapping, or criminal sexual assault,
aggravated criminal sexual abuse or a subsequent conviction
for criminal sexual abuse, or forcible detention, or arson,
or a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall furnish
whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and direct
the program. Neither the Department of Corrections nor the
Department of Transportation shall replace any regular
employee with a prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics and planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses and
the production of writings and papers, and may examine under
oath any witnesses who may appear before it; to also
investigate alleged violations of a parolee's or releasee's
conditions of parole or release; and for this purpose it may
issue subpoenas and compel the attendance of witnesses and
the production of documents only if there is reason to
believe that such procedures would provide evidence that such
violations have occurred.
If any person fails to obey a subpoena issued under this
subsection, the Director may apply to any circuit court to
secure compliance with the subpoena. The failure to comply
with the order of the court issued in response thereto shall
be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and development
of personnel of the Department. Personnel assigned by the
Department to be responsible for the custody and control of
committed persons or to investigate the alleged misconduct of
committed persons or employees or alleged violations of a
parolee's or releasee's conditions of parole shall be
conservators of the peace for those purposes, and shall have
the full power of peace officers outside of the facilities of
the Department in the protection, arrest, retaking and
reconfining of committed persons or where the exercise of
such power is necessary to the investigation of such
misconduct or violations.
(j) To cooperate with other departments and agencies and
with local communities for the development of standards and
programs for better correctional services in this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) In a confidential annual report to the Governor,
the Department shall identify all inmate gangs by specifying
each current gang's name, population and allied gangs. The
Department shall further specify the number of top leaders
identified by the Department for each gang during the past
year, and the measures taken by the Department to segregate
each leader from his or her gang and allied gangs. The
Department shall further report the current status of leaders
identified and segregated in previous years. All leaders
described in the report shall be identified by inmate number
or other designation to enable tracking, auditing, and
verification without revealing the names of the leaders.
Because this report contains law enforcement intelligence
information collected by the Department, the report is
confidential and not subject to public disclosure.
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for administering
a system of good conduct credits, established in accordance
with Section 3-6-3, subject to review by the Prisoner Review
Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant state's
attorneys' salaries under Section 4-2001 of the Counties
Code.
(p) To exchange information with the Department of Human
Services and the Illinois Department of Public Aid for the
purpose of verifying living arrangements and for other
purposes directly connected with the administration of this
Code and the Illinois Public Aid Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set by
the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to the
participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules governing
the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact incarceration
program established under Section 3-6038 or 3-15003.5 of the
Counties Code.
(r-5) To enter into intergovernmental cooperation
agreements under which minors adjudicated delinquent and
committed to the Department of Corrections, Juvenile
Division, may participate in a county juvenile impact
incarceration program established under Section 3-6039 of the
Counties Code.
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in each
gang. The Department shall promptly segregate leaders from
inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound
communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer, supervisor,
or other position of management or leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution, in
order to manage and supervise inmates who are disruptive or
dangerous and provide for the safety and security of the
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this subdivision
(1)(t), "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order of
the Illinois Supreme Court.
(u) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
89-390, eff. 8-20-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96; 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised
1-7-97.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the
term "Parole and Pardon Board" as used in any law of
Illinois, shall read "Prisoner Review Board." After the
effective date of this amendatory Act of 1977, the Prisoner
Review Board shall provide by rule for the orderly transition
of all files, records, and documents of the Parole and Pardon
Board and for such other steps as may be necessary to effect
an orderly transition and shall:
(1) hear by at least one member and through a panel
of at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel
of at least 3 members decide, the conditions of parole
and the time of discharge from parole, impose sanctions
for violations of parole, and revoke parole for those
sentenced under the law in effect prior to this
amendatory Act of 1977; provided that the decision to
parole and the conditions of parole for all prisoners who
were sentenced for first degree murder or who received a
minimum sentence of 20 years or more under the law in
effect prior to February 1, 1978 shall be determined by a
majority vote of the Prisoner Review Board;
(3) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from
mandatory supervised release, impose sanctions for
violations of mandatory supervised release, and revoke
mandatory supervised release for those sentenced under
the law in effect after the effective date of this
amendatory Act of 1977;
(4) hear by at least 1 member and through a panel
of at least 3 members, decide cases brought by the
Department of Corrections against a prisoner in the
custody of the Department for alleged violation of
Department rules with respect to good conduct credits
pursuant to Section 3-6-3 of this Code in which the
Department seeks to revoke good conduct credits, if the
amount of time at issue exceeds 30 days or when, during
any 12 month period, the cumulative amount of credit
revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled
release. In such cases, the Department of Corrections may
revoke up to 30 days of good conduct credit. The Board
may subsequently approve the revocation of additional
good conduct credit, if the Department seeks to revoke
good conduct credit in excess of thirty days. However,
the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days
of good conduct credit for any prisoner or to increase
any penalty beyond the length requested by the
Department; and
(5) hear by at least one member and through a panel
of at least 3 members decide, the release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of
1977, in accordance with Section 3-3-2.1 of this Code;
and
(6) hear by at least one member and through a panel
of at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor; and
(7) comply with the requirements of the Open Parole
Hearings Act; and
(8) hear by at least one member and, through a
panel of at least 3 members, decide cases brought by the
Department of Corrections against a prisoner in the
custody of the Department for court dismissal of a
frivolous lawsuit pursuant to Section 3-6-3(d) of this
Code in which the Department seeks to revoke up to 180
days of good conduct credit, and if the prisoner has not
accumulated 180 days of good conduct credit at the time
of the dismissal, then all good conduct credit
accumulated by the prisoner shall be revoked.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall
implement a pilot project in 3 correctional institutions
providing for the conduct of hearings under paragraphs (1)
and (4) of subsection (a) of this Section through interactive
video conferences. The project shall be implemented within 6
months after the effective date of this amendatory Act of
1996. Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall report
to the Governor and the General Assembly regarding the use,
costs, effectiveness, and future viability of interactive
video conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore good conduct credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of
its work, and the Chairman shall file a copy of such rules
and any amendments thereto with the Director and with the
Secretary of State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his parole or mandatory supervised release may
require by subpoena the attendance and testimony of witnesses
and the production of documentary evidence relating to any
matter under investigation or hearing. The Chairman of the
Board may sign subpoenas which shall be served by any agent
or public official authorized by the Chairman of the Board,
or by any person lawfully authorized to serve a subpoena
under the laws of the State of Illinois. The attendance of
witnesses, and the production of documentary evidence, may be
required from any place in the State to a hearing location in
the State before the Chairman of the Board or his designated
agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be
paid the same fees and mileage that are paid witnesses in the
circuit courts of the State, and witnesses whose depositions
are taken and the persons taking those depositions are each
entitled to the same fees as are paid for like services in
actions in the circuit courts of the State. Fees and mileage
shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order
requiring the attendance and testimony of witnesses or the
production of documentary evidence or both. A copy of such
petition shall be served by personal service or by registered
or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a
hearing upon the petition will be requested in a court room
to be designated in such notice before the judge hearing
motions or extraordinary remedies at a specified time, on a
specified date, not less than 10 nor more than 15 days after
the deposit of the copy of the written notice and petition in
the U.S. mails addressed to the person at his last known
address or after the personal service of the copy of the
notice and petition upon such person. The court upon the
filing of such a petition, may order the person refusing to
obey the subpoena to appear at an investigation or hearing,
or to there produce documentary evidence, if so ordered, or
to give evidence relative to the subject matter of that
investigation or hearing. Any failure to obey such order of
the circuit court may be punished by that court as a contempt
of court.
Each member of the Board and any hearing officer
designated by the Board shall have the power to administer
oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a
majority of the members then appointed to the Prisoner Review
Board shall constitute a quorum for the transaction of all
business of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 87-224; 89-490, eff. 1-1-97; 89-656, eff.
1-1-97; revised 8-16-96.)
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department
shall be administered by a chief administrative officer
appointed by the Director. A chief administrative officer
shall be responsible for all persons assigned to the
institution or facility. The chief administrative officer
shall administer the programs of the Department for the
custody and treatment of such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the
State, subject to the acceptance of such receiving
institution or facility, or to designate any reasonably
secure place in the State as such an institution or facility
and to make transfers thereto. However, transfers made under
emergency powers shall be reviewed as soon as practicable
under Article 8, and shall be subject to Section 1-7 of the
Juvenile Court Act of 1987. This Section shall not apply to
transfers to the Department of Human Services which are
provided for under Section 3-8-5 or Section 3-10-5.
(d) The Department shall provide educational programs
for all committed persons so that all persons have an
opportunity to attain the achievement level equivalent to the
completion of the twelfth grade in the public school system
in this State. Other higher levels of attainment shall be
encouraged and professional instruction shall be maintained
wherever possible. The Department may establish programs of
mandatory education and may establish rules and regulations
for the administration of such programs. A person committed
to the Department who, during the period of his or her
incarceration, participates in an educational program
provided by or through the Department and through that
program is awarded or earns the number of hours of credit
required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or
university located in Illinois shall reimburse the State,
through the Department, for the costs incurred by the State
in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that
degree. The costs for which reimbursement is required under
this subsection shall be determined and computed by the
Department under rules and regulations that it shall
establish for that purpose. However, interest at the rate of
6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on
the person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches
in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving
consent to such treatment; the chief administrative
officer may give consent for such medical or surgical
treatment, and such consent shall be deemed to be the
consent of the person for all purposes, including, but
not limited to, the authority of a physician to give such
treatment.
(f) In the event that the person requires medical care
and treatment at a place other than the institution or
facility, the person may be removed therefrom under
conditions prescribed by the Department. The Department shall
require the committed person receiving medical or dental
services on a non-emergency basis to pay a $2 co-payment to
the Department for each visit for medical or dental services
at a place other than the institution or facility. The
amount of each co-payment shall be deducted from the
committed person's individual account. A committed person who
is indigent is exempt from the $2 co-payment and is entitled
to receive medical or dental services on the same basis as a
committed person who is financially able to afford the
co-payment.
(g) Any person having sole custody of a child at the
time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of
Children and Family Services for suitable placement of the
child outside of the Department of Corrections. The Director
of the Department of Corrections may determine that there are
special reasons why the child should continue in the custody
of the mother until the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling,
either separately or together, preceding the inmate's
release; and
(6) a prerelease reunification staffing involving
the family advocate, the inmate and the child's
counselor, or both and the inmate.
(i) Prior to the release of any inmate who has a
documented history of intravenous drug use, and upon the
receipt of that inmate's written informed consent, the
Department shall provide for the testing of such inmate for
infection with human immunodeficiency virus (HIV) and any
other identified causative agent of acquired immunodeficiency
syndrome (AIDS). The testing provided under this subsection
shall consist of an enzyme-linked immunosorbent assay (ELISA)
test or such other test as may be approved by the Illinois
Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test
shall be administered. All inmates tested in accordance with
the provisions of this subsection shall be provided with
pre-test and post-test counseling. Notwithstanding any
provision of this subsection to the contrary, the Department
shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover
all costs of such testing and counseling are appropriated for
that purpose by the General Assembly.
(Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
revised 9-12-96.)
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department
shall provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials
that the Director deems pornographic.
(b) (Blank).
(c) All institutions and facilities of the Department
shall provide facilities for every committed person to leave
his cell for at least one hour each day unless the chief
administrative officer determines that it would be harmful or
dangerous to the security or safety of the institution or
facility.
(d) All institutions and facilities of the Department
shall provide every committed person with a wholesome and
nutritional diet at regularly scheduled hours, drinking
water, clothing adequate for the season, bedding, soap and
towels and medical and dental care.
(e) All institutions and facilities of the Department
shall permit every committed person to send and receive an
unlimited number of uncensored letters, provided, however,
that the Director may order that mail be inspected and read
for reasons of the security, safety or morale of the
institution or facility.
(f) All of the institutions and facilities of the
Department shall permit every committed person to receive
visitors, except in case of abuse of the visiting privilege
or when the chief administrative officer determines that such
visiting would be harmful or dangerous to the security,
safety or morale of the institution or facility. The chief
administrative officer shall have the right to restrict
visitation to non-contact visits for reasons of safety,
security, and order, including, but not limited to,
restricting contact visits for committed persons engaged in
gang activity.
(g) All institutions and facilities of the Department
shall permit religious ministrations and sacraments to be
available to every committed person, but attendance at
religious services shall not be required.
(h) Within 90 days after December 31, 1996 the effective
date of this amendatory Act of 1996, the Department shall
prohibit the use of curtains, cell-coverings, or any other
matter or object that obstructs or otherwise impairs the line
of vision into a committed person's cell.
(Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised 1-20-97.)
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and
Detention and Shelter Care Facilities.
(a) The Department shall establish for the operation of
county and municipal jails and houses of correction, and
county juvenile detention and shelter care facilities
established pursuant to the "County Shelter Care and
Detention Home Act", minimum standards for the physical
condition of such institutions and for the treatment of
inmates with respect to their health and safety and the
security of the community.
Such standards shall not apply to county shelter care
facilities which were in operation prior to January 1, 1980.
Such standards shall not seek to mandate minimum floor space
requirements for each inmate housed in cells and detention
rooms in county and municipal jails and houses of correction.
However, no more than two inmates may be housed in a single
cell or detention room.
When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or
his or her designee in a sealed envelope to the judge of the
court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(b) At least once each year, the Department may inspect
each adult facility for compliance with the standards
established and the results of such inspection shall be made
available by the Department for public inspection. At least
once each year, the Department shall inspect each county
juvenile detention and shelter care facility for compliance
with the standards established, and the Department shall make
the results of such inspections available for public
inspection. If any detention, shelter care or correctional
facility does not comply with the standards established, the
Director of Corrections shall give notice to the county board
and the sheriff or the corporate authorities of the
municipality, as the case may be, of such noncompliance,
specifying the particular standards that have not been met by
such facility. If the facility is not in compliance with such
standards when six months have elapsed from the giving of
such notice, the Director of Corrections may petition the
appropriate court for an order requiring such facility to
comply with the standards established by the Department or
for other appropriate relief.
(c) The Department may provide consultation services for
the design, construction, programs and administration of
detention, shelter care, and correctional facilities and
services for children and adults operated by counties and
municipalities and may make studies and surveys of the
programs and the administration of such facilities. Personnel
of the Department shall be admitted to these facilities as
required for such purposes. The Department may develop and
administer programs of grants-in-aid for correctional
services in cooperation with local agencies. The Department
may provide courses of training for the personnel of such
institutions and conduct pilot projects in the institutions.
(d) The Department is authorized to issue reimbursement
grants for counties, municipalities or public building
commissions for the purpose of meeting minimum correctional
facilities standards set by the Department under this
Section. Grants may be issued only for projects that were
completed after July 1, 1980 and initiated prior to January
1, 1987.
(1) Grants for regional correctional facilities
shall not exceed 90% of the project costs or $7,000,000,
whichever is less.
(2) Grants for correctional facilities by a single
county, municipality or public building commission shall
not exceed 75% of the proposed project costs or
$4,000,000, whichever is less.
(3) As used in this subsection (d), "project" means
only that part of a facility that is constructed for
jail, correctional or detention purposes and does not
include other areas of multi-purpose buildings.
Construction or renovation grants are authorized to be
issued by the Capital Development Board from capital
development bond funds after application by a county or
counties, municipality or municipalities or public building
commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated
after January 1, 1987.
(e) The Department shall adopt standards for county
jails to hold juveniles on a temporary basis, as provided in
Sections 5-7 and 5-10 of the Juvenile Court Act of 1987.
These standards shall include educational, recreational, and
disciplinary standards as well as access to medical services,
crisis intervention, mental health services, suicide
prevention, health care, nutritional needs, and visitation
rights. The Department shall also notify any county applying
to hold juveniles in a county jail of the monitoring and
program standards for juvenile detention facilities under
paragraphs (C-1)(a) and (C-1)(c) of subsection (2) of Section
5-7 and paragraphs (5.1)(a) and (5.1)(c) of Section 5-10 of
the Juvenile Court Act of 1987.
(Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96;
89-656, eff. 8-14-96; revised 8-19-96.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends
remedial or rehabilitative treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only in conjunction with
another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation. Programs conducting alcohol
or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance proximately
caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public
agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine or an analog thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which he
committed the offense for which he is being
sentenced.
(G) Residential burglary.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(3) A minimum term of imprisonment of not less than
48 consecutive hours or 100 hours of community service as
may be determined by the court shall be imposed for a
second or subsequent violation committed within 5 years
of a previous violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than
7 consecutive days or 30 days of community service shall
be imposed for a violation of paragraph (c) of Section
6-303 of the Illinois Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or
720 hours of community service, as may be determined by
the court, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted of any Class 2 or greater Class
felonies in Illinois, and such charges are separately
brought and tried and arise out of different series of
acts, such defendant shall be sentenced as a Class X
offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of
this amendatory Act of 1977; and (2) the second felony
was committed after conviction on the first; and (3) the
third felony was committed after conviction on the
second.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(10) Beginning July 1, 1994, unless sentencing
under Section 33B-1 is applicable, a term of imprisonment
of not less than 15 years nor more than 50 years shall be
imposed on a defendant who violates Section 33A-2 of the
Criminal Code of 1961 with a firearm, when that person
has been convicted in any state or federal court of 3 or
more of the following offenses: treason, first degree
murder, second degree murder, aggravated criminal sexual
assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great
bodily harm or permanent disability or disfigurement, or
a violation of Section 401(a) of the Illinois Controlled
Substances Act, when the third offense was committed
after conviction on the second, the second offense was
committed after conviction on the first, and the
violation of Section 33A-2 of the Criminal Code of 1961
was committed after conviction on the third.
(11) Beginning July 1, 1994, a term of imprisonment
of not less than 10 years and not more than 30 years
shall be imposed on a defendant who violates Section
33A-2 with a Category I weapon where the offense was
committed in any school, or any conveyance owned, leased,
or contracted by a school to transport students to or
from school or a school related activity, on the real
property comprising any school or public park, and where
the offense was related to the activities of an organized
gang. For the purposes of this paragraph (11),
"organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l)(A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony
or misdemeanor offense, the court after sentencing the
defendant may, upon motion of the State's Attorney, hold
sentence in abeyance and remand the defendant to the custody
of the Attorney General of the United States or his or her
designated agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided
in this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her
designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional good conduct credit for meritorious service as
provided under Section 3-6-6.
(Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff. 7-1-97;
89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
1-1-97; 89-688, eff. 6-1-97; revised 1-7-97.)
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence
under Section 5-8-1:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for
committing the offense;
(3) the defendant has a history of prior
delinquency or criminal activity;
(4) the defendant, by the duties of his office or
by his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional
reputation or position in the community to commit the
offense, or to afford him an easier means of committing
it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's
property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of
a relative (by blood or marriage) of a person described
in clause (i) or (ii). For the purposes of this Section,
"sexual orientation" means heterosexuality,
homosexuality, or bisexuality;
(11) the offense took place in a place of worship
or on the grounds of a place of worship, immediately
prior to, during or immediately following worship
services. For purposes of this subparagraph, "place of
worship" shall mean any church, synagogue or other
building, structure or place used primarily for religious
worship;
(12) the defendant was convicted of a felony
committed while he was released on bail or his own
recognizance pending trial for a prior felony and was
convicted of such prior felony, or the defendant was
convicted of a felony committed while he was serving a
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1
for a prior felony;
(13) the defendant committed or attempted to commit
a felony while he was wearing a bulletproof vest. For
the purposes of this paragraph (13), a bulletproof vest
is any device which is designed for the purpose of
protecting the wearer from bullets, shot or other lethal
projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker,
in relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
1961 against that victim;
(15) the defendant committed an offense related to
the activities of an organized gang. For the purposes of
this factor, "organized gang" has the meaning ascribed to
it in Section 10 of the Streetgang Terrorism Omnibus
Prevention Act;
(16) the defendant committed an offense in
violation of one of the following Sections while in a
school, regardless of the time of day or time of year; on
any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school
related activity; on the real property of a school; or on
a public way within 1,000 feet of the real property
comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
1961.
For the purposes of this Section, "school" is defined as
a public or private elementary or secondary school, community
college, college, or university.
(b) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 upon any offender:
(1) When a defendant is convicted of any felony,
after having been previously convicted in Illinois or any
other jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual; or
(4) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time
of the offense or such person's property;
(ii) a person 60 years of age or older at the
time of the offense or such person's property; or
(iii) a person physically handicapped at the
time of the offense or such person's property; or
(5) In the case of a defendant convicted of
aggravated criminal sexual assault or criminal sexual
assault, when the court finds that aggravated criminal
sexual assault or criminal sexual assault was also
committed on the same victim by one or more other
individuals, and the defendant voluntarily participated
in the crime with the knowledge of the participation of
the others in the crime, and the commission of the crime
was part of a single course of conduct during which there
was no substantial change in the nature of the criminal
objective; or
(6) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony,
rite, initiation, observance, performance, practice or
activity of any actual or ostensible religious,
fraternal, or social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery,
religious, fraternal, business, governmental,
educational, or other building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
murder, after having been previously convicted in
Illinois of any offense listed under paragraph (c)(2) of
Section 5-5-3, when such conviction has occurred within
10 years after the previous conviction, excluding time
spent in custody, and such charges are separately brought
and tried and arise out of different series of acts; or
(8) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of
management or leadership, and the court further finds
that the felony committed was related to or in
furtherance of the criminal activities of an organized
gang or was motivated by the defendant's leadership in an
organized gang; or
(9) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961
and the court finds that the defendant is a member of an
organized gang.
(b-1) For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of
aggravated criminal sexual assault where the victim was under
18 years of age at the time of the commission of the offense.
(Source: P.A. 88-45; 88-215; 88-659; 88-677, eff. 12-15-94;
88-678, eff. 7-1-95; 88-680, eff. 1-1-95; 89-235, eff.
8-4-95; 89-377, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96; 89-689 (Sections 65 and 115), eff. 12-31-96;
revised 1-22-97.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act; and
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a fee not to exceed $5 for each
day of the use of the device, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as
the case may be. The fee shall be collected by the
clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the
substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a fee not to exceed $5 for each
day of the use of the device, unless after
determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee
as the case may be. The fee shall be imposed in
addition to the fee imposed under subsection (i) of
Section 5-6-3. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit
court shall pay all monies collected from this fee
to the county treasurer who shall use the monies
collected to defray the costs of corrections. The
county treasurer shall deposit the fee collected in
the county working cash fund under Section 6-27001
of the Counties Code.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended. A copy of the order of protection
shall be transmitted to the probation officer or agency
having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) The court shall not require as a condition of the
sentence of probation or conditional discharge that the
offender be committed to a period of imprisonment in excess
of 6 months. This 6 month limit shall not include periods of
confinement given pursuant to a sentence of county impact
incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, may be
ordered to pay all costs incidental to such mandatory drug or
alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located may establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts. Further transfers or
retransfers of jurisdiction are also authorized in the same
manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
7-21-95; 89-587, eff. 7-31-96; 89-688, eff. 6-1-97; revised
1-20-97.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; and
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a
domestic violence shelter. The court shall determine the
amount and conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986. If the court has
ordered the defendant to make a report and appear in
person under paragraph (1) of this subsection, a copy of
the order of protection shall be transmitted to the
person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, may be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or
both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located may establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
offenders placed on supervision. The concurrence of the
Chief Judge shall be in the form of an administrative order.
(h) A disposition of supervision is a final order for
the purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively
supervised by the probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke
the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the
defendant upon revocation of supervision as provided in
Section 5-6-4. This subsection (k) does not apply to a
defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(Source: P.A. 88-77; 88-510; 88-670, eff. 12-2-94; 88-680,
eff. 1-1-95; 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
6-1-97; revised 1-20-97.)
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, Modification or Revocation of
Probation, of Conditional Discharge or Supervision or of a
sentence of county impact incarceration - Hearing.
(a) Except in cases where conditional discharge or
supervision was imposed for a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:
(1) in the case of probation violations, order the
issuance of a notice to the offender to be present by the
County Probation Department or such other agency
designated by the court to handle probation matters; and
in the case of conditional discharge or supervision
violations, such notice to the offender shall be issued
by the Circuit Court Clerk; and in the case of a
violation of a sentence of county impact incarceration,
such notice shall be issued by the Sheriff;
(2) order a summons to the offender to be present
for hearing; or
(3) order a warrant for the offender's arrest where
there is danger of his fleeing the jurisdiction or
causing serious harm to others or when the offender fails
to answer a summons or notice from the clerk of the court
or Sheriff.
Personal service of the petition for violation of
probation or the issuance of such warrant, summons or notice
shall toll the period of probation, conditional discharge,
supervision, or sentence of county impact incarceration until
the final determination of the charge, and the term of
probation, conditional discharge, supervision, or sentence of
county impact incarceration shall not run until the hearing
and disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged
violation. The court shall admit the offender to bail pending
the hearing unless the alleged violation is itself a criminal
offense in which case the offender shall be admitted to bail
on such terms as are provided in the Code of Criminal
Procedure of 1963, as amended. In any case where an offender
remains incarcerated only as a result of his alleged
violation of the court's earlier order of probation,
supervision, conditional discharge, or county impact
incarceration such hearing shall be held within 14 days of
the onset of said incarceration, unless the alleged violation
is the commission of another offense by the offender during
the period of probation, supervision or conditional discharge
in which case such hearing shall be held within the time
limits described in Section 103-5 of the Code of Criminal
Procedure of 1963, as amended.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of
the evidence. The evidence shall be presented in open court
with the right of confrontation, cross-examination, and
representation by counsel.
(d) Probation, conditional discharge, periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes financial obligations upon the offender unless such
failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination
of the period, it may continue him on the existing sentence,
with or without modifying or enlarging the conditions, or may
impose any other sentence that was available under Section
5-5-3 at the time of initial sentencing. If the court finds
that the person has failed to successfully complete his or
her sentence to a county impact incarceration program, the
court may impose any other sentence that was available under
Section 5-5-3 at the time of initial sentencing, except for a
sentence of probation or conditional discharge.
(f) The conditions of probation, of conditional
discharge, of supervision, or of a sentence of county impact
incarceration may be modified by the court on motion of the
supervising agency or on its own motion or at the request of
the offender after notice and a hearing.
(g) A judgment revoking supervision, probation,
conditional discharge, or a sentence of county impact
incarceration is a final appealable order.
(h) Resentencing after revocation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be under Article 4. Time served on
probation, conditional discharge or supervision shall not be
credited by the court against a sentence of imprisonment or
periodic imprisonment unless the court orders otherwise.
(i) Instead of filing a violation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration, an agent or employee of the supervising
agency with the concurrence of his or her supervisor may
serve on the defendant a Notice of Intermediate Sanctions.
The Notice shall contain the technical violation or
violations involved, the date or dates of the violation or
violations, and the intermediate sanctions to be imposed.
Upon receipt of the Notice, the defendant shall immediately
accept or reject the intermediate sanctions. If the
sanctions are accepted, they shall be imposed immediately.
If the intermediate sanctions are rejected or the defendant
does not respond to the Notice, a violation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be immediately filed with the
court. The State's Attorney and the sentencing court shall
be notified of the Notice of Sanctions. Upon successful
completion of the intermediate sanctions, a court may not
revoke probation, conditional discharge, supervision, or a
sentence of county impact incarceration or impose additional
sanctions for the same violation. A notice of intermediate
sanctions may not be issued for any violation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration which could warrant an additional,
separate felony charge. The intermediate sanctions shall
include a term of home detention as provided in Article 8A of
Chapter V of this Code for multiple or repeat violations of
the terms and conditions of a sentence of probation,
conditional discharge, or supervision.
(Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
89-647, eff. 1-1-97; revised 9-11-96.)
(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
Sec. 5-7-6. Duty of Clerk of Court or the Department of
Correction; Collection and Disposition of Compensation.
(a) Every gainfully employed offender shall be
responsible for managing his or her earnings. The clerk of
the circuit court shall have only those responsibilities
regarding an offender's earnings as are set forth in this
Section.
Every offender, including offenders who are sentenced to
periodic imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established,
with the concurrence of the chief judge of the judicial
circuit, by the county board of the county in which the
offender is incarcerated. The concurrence of the chief judge
shall be in the form of an administrative order. In
establishing the fee for room and board consideration may be
given to all costs incidental to the incarceration of
offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional
charge, be furnished with a meal to carry to work. Each
week, on a day designated by the clerk of the circuit court,
every offender shall pay the clerk the fees for the
offender's room and board. Failure to pay the clerk on the
day designated shall result in the termination of the
offender's release. All fees for room and board collected by
the circuit court clerk shall be disbursed into the county's
General Corporate Fund.
By order of the court, all or a portion of the earnings
of employed offenders shall be turned over to the clerk to be
distributed for the following purposes, in the order stated:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and
other incidental expenses of the offender, when those
expenses are incurred by the administrator of the
offender's imprisonment;
(3) support of the offender's dependents, if any.
(b) If the offender has one or more dependents who are
recipients of financial assistance pursuant to the Illinois
Public Aid Code, or who are residents of a State hospital,
State school or foster care facility provided by the State,
the court shall order the offender to turn over all or a
portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph (a), distribute
those earnings to the appropriate agency as reimbursement for
the cost of care of such dependents. The order shall permit
the Department of Human Services (acting as successor to the
Illinois Department of Public Aid under the Department of
Human Services Act) or the local governmental unit, as the
case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person
in their behalf, upon removal of the dependents from the
public aid rolls; and upon such direction and removal of the
recipients from the public aid rolls, the Department of Human
Services or the local governmental unit, as the case
requires, shall give written notice of such action to the
court. Payments received by the Department of Human Services
or by governmental units in behalf of recipients of public
aid shall be deposited into the General Revenue Fund of the
State Treasury or General Assistance Fund of the governmental
unit, under Section 10-19 of the Illinois Public Aid Code.
(c) The clerk of the circuit court shall keep individual
accounts of all money collected by him as required by this
Article. He shall deposit all moneys as trustee in a
depository designated by the county board and shall make
payments required by the court's order from such trustee
account. Such accounts shall be subject to audit in the same
manner as accounts of the county are audited.
(d) If an institution or the Department of Corrections
certifies to the court that it can administer this Section
with respect to persons committed to it under this Article,
the clerk of the court shall be relieved of its duties under
this Section and they shall be assumed by such institution or
the Department.
(Source: P.A. 88-679, eff. 7-1-95; 89-507, eff. 7-1-97;
89-532, eff. 7-19-96; revised 8-26-96.)
Section 2-255. The County Jail Act is amended by
changing Section 17 as follows:
(730 ILCS 125/17) (from Ch. 75, par. 117)
Sec. 17. Bedding, clothing, fuel, and medical aid;
reimbursement for medical or hospital expenses. The Warden
of the jail shall furnish necessary bedding, clothing, fuel
and medical aid for all prisoners under his charge, and keep
an accurate account of the same. When medical or hospital
services are required by any person held in custody, the
county, private hospital, physician or any public agency
which provides such services shall be entitled to obtain
reimbursement from the county or from the Arrestee's Medical
Costs Fund to the extent that moneys in the Fund are
available for the cost of such services. The county board of
a county may adopt an ordinance or resolution providing for
reimbursement for the cost of those services at the
Department of Public Aid's rates for medical assistance. To
the extent that such person is reasonably able to pay for
such care, including reimbursement from any insurance program
or from other medical benefit programs available to such
person, he or she shall reimburse the county or arresting
authority. If such person has already been determined
eligible for medical assistance under The Illinois Public Aid
Code at the time the person is initially detained pending
trial, the cost of such services, to the extent such cost
exceeds $2,500, shall be reimbursed by the Department of
Public Aid under that Code. A reimbursement under any public
or private program authorized by this Section shall be paid
to the county or arresting authority to the same extent as
would have been obtained had the services been rendered in a
non-custodial environment.
An arresting authority shall be responsible for any
incurred medical expenses relating to the arrestee until such
time as the arrestee is placed in the custody of the sheriff.
However, the arresting authority shall not be so responsible
if the arrest was made pursuant to a request by the sheriff.
When medical or hospital services are required by any person
held in custody, the county or arresting authority shall be
entitled to obtain reimbursement from the Arrestee's Medical
Costs Fund to the extent moneys are available from the Fund.
To the extent that the person is reasonably able to pay for
that care, including reimbursement from any insurance program
or from other medical benefit programs available to the
person, he or she shall reimburse the county.
The county shall be entitled to a $10 fee for each
conviction or order of supervision for a criminal violation,
other than a petty offense or business offense. The fee
shall be taxed as costs to be collected from the defendant,
if possible, upon conviction or entry of an order of
supervision. The fee shall not be considered a part of the
fine for purposes of any reduction in the fine.
All such fees collected shall be deposited by the county
in a fund to be established and known as the Arrestee's
Medical Costs Fund. Moneys in the Fund shall be used solely
for reimbursement of costs for medical expenses relating to
the arrestee and administration of the Fund.
For the purposes of this Section, "arresting authority"
means a unit of local government, other than a county, which
employs peace officers and whose peace officers have made the
arrest of a person. For the purposes of this Section,
"medical expenses relating to the arrestee" means only those
expenses incurred for medical care or treatment provided to
an arrestee on account of an injury suffered by the arrestee
during the course of his arrest; the term does not include
any expenses incurred for medical care or treatment provided
to an arrestee on account of a health condition of the
arrestee which existed prior to the time of his arrest.
(Source: P.A. 89-654, eff. 8-14-96; 89-676, 8-14-96; revised
9-12-96.)
Section 2-260. The Child Sex Offender and Murderer
Community Notification Law is amended by combining and
renumbering Sections 405 (from P.A. 89-462) and 905 (from
P.A. 89-428) and the Article 4 and 9 headings as follows:
(730 ILCS 152/Art. 4 heading)
ARTICLE 4. AMENDATORY PROVISIONS SEVERABILITY.
(730 ILCS 152/Art. 9 heading)
ARTICLE 9. 4. 999. SEVERABILITY AND EFFECTIVE DATE.
(730 ILCS 152/905)
Sec. 905. 405. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
revised 10-31-96.)
Section 2-265. The Code of Civil Procedure is amended by
changing Section 7-103 as follows:
(735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
Sec. 7-103. "Quick-take". This Section applies only to
proceedings under this Article:
(1) by the State of Illinois, the Illinois Toll
Highway Authority or the St. Louis Metropolitan Area
Airport Authority for the acquisition of land or
interests therein for highway purposes;
(2) (blank);
(3) by the Department of Commerce and Community
Affairs for the purpose specified in the Illinois Coal
Development Bond Act;
(4) (blank);
(5) for the purpose specified in the St. Louis
Metropolitan Area Airport Authority Act;
(6) for a period of 24 months after May 24, 1996,
by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development
Authority Act;
(7) for a period of 3 years after December 30,
1987, by the Quad Cities Regional Economic Development
Authority (except for the acquisition of land or
interests therein that is farmland, or upon which is
situated a farm dwelling and appurtenant structures, or
upon which is situated a residence, or which is wholly
within an area that is zoned for residential use)
pursuant to the Quad Cities Regional Economic Development
Authority Act;
(8) by a sanitary district created under the
Metropolitan Water Reclamation District Act for the
acquisition of land or interests therein for purposes
specified in that Act;
(9) by a rail carrier within the time limitations
and subject to the terms and conditions set forth in
Section 18c-7501 of the Illinois Vehicle Code;
(10) for a period of 18 months after January 26,
1987, for the purpose specified in Division 135 of
Article 11 of the Illinois Municipal Code, by a
commission created under Section 2 of the Water
Commission Act of 1985;
(11) by a village containing a population of less
than 15,000 for the purpose of acquiring property to be
used for a refuse derived fuel system designed to
generate steam and electricity, and for industrial
development that will utilize such steam and electricity,
pursuant to Section 11-19-10 of the Illinois Municipal
Code;
(12) after receiving the prior approval of the City
Council, by a municipality having a population of more
than 500,000 for the purposes set forth in Section
11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
Illinois Municipal Code, and for the same purposes when
established pursuant to home rule powers;
(13) by a home rule municipality, after a public
hearing held by the corporate authorities or by a
committee of the corporate authorities and after approval
by a majority of the corporate authorities, within an
area designated as an enterprise zone by the municipality
under the Illinois Enterprise Zone Act;
(14) by the Illinois Sports Facilities Authority
for the purpose specified in Section 12 of the Illinois
Sports Facilities Authority Act;
(15) by a municipality having a population of more
than 2,000,000 for the purpose of acquiring the property
described in Section 3 of the Sports Stadium Act;
(16) for a period of 18 months after July 29, 1986,
in any proceeding by the Board of Trustees of the
University of Illinois for the acquisition of land in
Champaign County or interests therein as a site for a
building or for any educational purpose;
(17) for a period of 2 years after July 1, 1990, by
a home rule municipality and a county board, upon
approval of a majority of the corporate authorities of
both the county board and the municipality, within an
area designated as an enterprise zone by the municipality
and the county board through an intergovernmental
agreement under the Illinois Enterprise Zone Act, when
the purpose of the condemnation proceeding is to acquire
land for the construction of an industrial harbor port,
and when the total amount of land to be acquired for that
purpose is less than 75 acres and is adjacent to the
Illinois River;
(18) by an airport authority located solely within
the boundaries of Madison County, Illinois, and which is
organized pursuant to the provisions of the Airport
Authorities Act, (i) for the acquisition of 160 acres, or
less, of land or interests therein for the purposes
specified in that Act which may be necessary to extend,
mark, and light runway 11/29 for a distance of 1600 feet
in length by 100 feet in width with parallel taxiway, to
relocate and mark County Highway 19, Madison County,
known as Moreland Road, to relocate the instrument
landing system including the approach lighting system and
to construct associated drainage, fencing and seeding
required for the foregoing project and (ii) for a period
of 6 months after December 28, 1989, for the acquisition
of 75 acres, or less, of land or interests therein for
the purposes specified in that Act which may be necessary
to extend, mark and light the south end of runway 17/35
at such airport;
(19) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Little Calumet River;
(20) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Salt Creek in DuPage County;
(21) by St. Clair County, Illinois, for the
development of a joint use facility at Scott Air Force
Base;
(22) by the Village of Summit, Illinois, to acquire
land for a waste to energy plant;
(23) for a period of 15 months after September 7,
1990, by the Department of Transportation or by any unit
of local government under the terms of an
intergovernmental cooperation agreement between the
Department of Transportation and the unit of local
government for the purpose of developing aviation
facilities in and around Chanute Air Force Base in
Champaign County, Illinois;
(24) for a period of 1 year after December 12,
1990, by the City of Morris for the development of the
Morris Municipal Airport;
(25) for a period of 1 year after June 19, 1991, by
the Greater Rockford Airport Authority for airport
expansion purposes;
(26) for a period of 24 months after June 30, 1991,
by the City of Aurora for completion of an instrument
landing system and construction of an east-west runway at
the Aurora Municipal Airport;
(27) for the acquisition by the Metropolitan Pier
and Exposition Authority of property described in
subsection (f) of Section 5 of the Metropolitan Pier and
Exposition Authority Act for the purposes of providing
additional grounds, buildings, and facilities related to
the purposes of the Metropolitan Pier and Exposition
Authority;
(28) for a period of 24 months after March 1, 1992,
by the Village of Wheeling and the City of Prospect
Heights, owners of the Palwaukee Municipal Airport, to
allow for the acquisition of right of way to complete the
realignment of Hintz Road and Wolf Road;
(29) for a period of one year from the effective
date of this amendatory Act of 1992, by the
Bloomington-Normal Airport Authority for airport
expansion purposes;
(30) for a period of 24 months after September 10,
1993, by the Cook County Highway Department and Lake
County Department of Transportation to allow for the
acquisition of necessary right-of-way for construction of
underpasses for Lake-Cook Road at the Chicago
Northwestern Railroad crossing, west of Skokie Boulevard,
and the Chicago, Milwaukee, St. Paul and Pacific Railroad
crossing, west of Waukegan Road;
(31) for a period of one year after December 23,
1993, by the City of Arcola and the City of Tuscola for
the development of the Arcola/Tuscola Water Transmission
Pipeline Project pursuant to the intergovernmental
agreement between the City of Arcola and the City of
Tuscola;
(32) for a period of 24 months from December 23,
1993, by the Village of Bensenville for the acquisition
of property bounded by Illinois Route 83 to the west and
O'Hare International Airport to the east to complete a
flood control project known as the Bensenville Ditch;
(33) for a period of 9 months after November 1,
1993, by the Medical Center Commission for the purpose of
acquiring a site for the Illinois State Police Forensic
Science Laboratory at Chicago, on the block bounded by
Roosevelt Road on the north, Wolcott Street on the east,
Washburn Street on the south, and Damen Avenue on the
west in Chicago, Illinois;
(34) for a period of 36 months after July 14, 1995,
by White County for the acquisition of a 3 1/2 mile
section of Bellaire Road, which is described as follows:
Commencing at the Northwest Corner of the Southeast 1/4
of Section 28, Township 6 South, Range 10 East of the 3rd
Principal Meridian; thence South to a point at the
Southwest Corner of the Southeast 1/4 of Section 9,
Township 7 South, Range 10 East of the 3rd Principal
Meridian;
(35) for a period of one year after July 14, 1995,
by the City of Aurora for permanent and temporary
easements except over land adjacent to Indian Creek and
west of Selmarten Creek located within the City of Aurora
for the construction of Phase II of the Indian Creek
Flood Control Project;
(35.1) for a period beginning June 24, 1995 (the
day following the effective date of Public Act 89-29) and
ending on July 13, 1995 (the day preceding the effective
date of Public Act 89-134), by the City of Aurora for
permanent and temporary easements for the construction of
Phase II of the Indian Creek Flood Control Project;
(36) for a period of 3 years from July 14, 1995, by
the Grand Avenue Railroad Relocation Authority for the
Grand Avenue Railroad Grade Separation Project within the
Village of Franklin Park, Illinois;
(37) for a period of 3 years after July 14, 1995,
by the Village of Romeoville for the acquisition of
rights-of-way for the 135th Street Bridge Project, lying
within the South 1/2 of Section 34, Township 37 North,
Range 10 East and the South 1/2 of Section 35, Township
37 North, Range 10 East of the Third Principal Meridian,
and the North 1/2 of Section 2, Township 36 North, Range
10 East and the North 1/2 of Section 3, Township 36
North, Range 10 East of the 3rd Principal Meridian, in
Will County, Illinois;
(37.1) for a period of 3 years after June 23, 1995,
by the Illinois Department of Transportation for the
acquisition of rights-of-way for the 135th Street Bridge
Project between the Des Plaines River and New Avenue
lying within the South 1/2 of Section 35, Township 37
North, Range 10 East of the Third Principal Meridian and
the North 1/2 of Section 2, Township 36 North, Range 10
East of the 3rd Principal Meridian, in Will County,
Illinois;
(38) for a period beginning June 24, 1995 (the day
after the effective date of Public Act 89-29) and ending
18 months after July 14, 1995 (the effective date of
Public Act 89-134), by the Anna-Jonesboro Water
Commission for the acquisition of land and easements for
improvements to its water treatment and storage
facilities and water transmission pipes;
(39) for a period of 36 months after July 14, 1995,
by the City of Effingham for the acquisition of property
which is described as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
thereof recorded in Book "K", Page 769, in the Recorder's
Office of Effingham County), situated in the City of
Effingham, County of Effingham and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as
vacated by Ordinance recorded on July 28, 1937 in Book
183, Page 465, and all right, title and interest in and
to said alley as established by the Contract for Easement
recorded on August 4, 1937 in Book 183, Page 472;
(40) for a period of one year after July 14, 1995,
by the Village of Palatine for the acquisition of
property located along the south side of Dundee Road
between Rand Road and Hicks Road for redevelopment
purposes;
(41) for a period of 6 years after July 1, 1995,
for the acquisition by the Medical Center District of
property described in Section 3 of the Illinois Medical
District Act within the District Development Area as
described in Section 4 of that Act for the purposes set
forth in that Act;
(41.5) for a period of 24 months after June 21,
1996 by the City of Effingham, Illinois for acquisition
of property for the South Raney Street Improvement
Project Phase I;
(42) for a period of 3 years after June 21, 1996,
by the Village of Deerfield for the acquisition of
territory within the Deerfield Village Center, as
designated as of that date by the Deerfield Comprehensive
Plan, with the exception of that area north of Jewett
Park Drive (extended) between Waukegan Road and the
Milwaukee Railroad Tracks, for redevelopment purposes;
(43) for a period of 12 months after June 21, 1996,
by the City of Harvard for the acquisition of property
lying west of Harvard Hills Road of sufficient size to
widen the Harvard Hills Road right of way and to install
and maintain city utility services not more than 200 feet
west of the center line of Harvard Hills Road;
(44) for a period of 5 years after June 21, 1996,
by the Village of River Forest, Illinois, within the area
designated as a tax increment financing district when the
purpose of the condemnation proceeding is to acquire land
for any of the purposes contained in the River Forest Tax
Increment Financing Plan or authorized by the Tax
Increment Allocation Redevelopment Act, provided that
condemnation of any property zoned and used exclusively
for residential purposes shall be prohibited;
(45) for a period of 18 months after June 28, 1996,
by the Village of Schaumburg for the acquisition of land,
easements, and aviation easements for the purpose of a
public airport in Cook and DuPage Counties; provided that
if any proceedings under the provisions of this Article
are pending on that date, "quick-take" may be utilized by
the Village of Schaumburg;
(46) for a period of one year after June 28, 1996,
by the City of Pinckneyville for the acquisition of land
and easements to provide for improvements to its water
treatment and storage facilities and water transmission
pipes, and for the construction of a sewerage treatment
facility and sewerage transmission pipes to serve the
Illinois Department of Corrections Pinckneyville
Correctional Facility;
(47) for a period of 6 months after June 28, 1996,
by the City of Streator for the acquisition of property
described as follows for a first flush basin sanitary
sewer system:
Tract 5: That part of lots 20 and 21 in Block
6 in Moore and Plumb's addition to the city of
Streator, Illinois, lying south of the right of way
of the switch track of the Norfolk and Western
Railroad (now abandoned) in the county of LaSalle,
state of Illinois.
Tract 6: That part of lots 30, 31 and 32 in
Block 7 in Moore and Plumb's Addition to the city of
Streator, Illinois, lying north of the centerline of
Coal Run Creek and south of the right of way of the
switch track of the Norfolk and Western Railroad
(now abandoned) in the county of LaSalle, state of
Illinois;
(48) for a period of 36 months after January 16,
1997 the effective date of this amendatory Act of 1996,
by the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District for the
acquisition of rights of way and related property
necessary for the construction and operation of the
MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St.
Clair County, Illinois;
(49) for a period of 2 years after January 16, 1997
the effective date of this amendatory Act of 1996, by the
Village of Schaumburg for the acquisition of
rights-of-way, permanent easements, and temporary
easements for the purpose of improving the Roselle
Road/Illinois Route 58/Illinois Route 72 corridor,
including rights-of-way along Roselle Road, Remington
Road, Valley Lake Drive, State Parkway, Commerce Drive,
Kristin Circle, and Hillcrest Boulevard, a permanent
easement along Roselle Road, and temporary easements
along Roselle Road, State Parkway, Valley Lake Drive,
Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
in Cook County;.
(50) (48) by the Department of Transportation for
purposes of acquiring private property as specified in
the Meigs Field Airport Act.
In a proceeding subject to this Section, the plaintiff,
at any time after the complaint has been filed and before
judgment is entered in the proceeding, may file a written
motion requesting that, immediately or at some specified
later date, the plaintiff either be vested with the fee
simple title (or such lesser estate, interest or easement, as
may be required) to the real property, or specified portion
thereof, which is the subject of the proceeding, and be
authorized to take possession of and use such property; or
only be authorized to take possession of and to use such
property, if such possession and use, without the vesting of
title, are sufficient to permit the plaintiff to proceed with
the project until the final ascertainment of compensation;
however, no land or interests therein now or hereafter owned,
leased, controlled or operated and used by, or necessary for
the actual operation of, any common carrier engaged in
interstate commerce, or any other public utility subject to
the jurisdiction of the Illinois Commerce Commission, shall
be taken or appropriated hereunder by the State of Illinois,
the Illinois Toll Highway Authority, the sanitary district,
the St. Louis Metropolitan Area Airport Authority or the
Board of Trustees of the University of Illinois without first
securing the approval of such Commission.
Except as hereinafter stated, the motion for taking shall
state: (1) an accurate description of the property to which
the motion relates and the estate or interest sought to be
acquired therein; (2) the formally adopted schedule or plan
of operation for the execution of the plaintiff's project;
(3) the situation of the property to which the motion
relates, with respect to the schedule or plan; (4) the
necessity for taking such property in the manner requested in
the motion; and (5) if the property (except property
described in Section 3 of the Sports Stadium Act, or property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority Act, or property that is taken as
provided in the Meigs Field Airport Act) to be taken is
owned, leased, controlled or operated and used by, or
necessary for the actual operation of, any interstate common
carrier or other public utility subject to the jurisdiction
of the Illinois Commerce Commission, a statement to the
effect that the approval of such proposed taking has been
secured from such Commission, and attaching to such motion a
certified copy of the order of such Commission granting such
approval. If the schedule or plan of operation is not set
forth fully in the motion, a copy of such schedule or plan
shall be attached to the motion.
(Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
Section 2-270. The Adoption Act is amended by changing
Section 13 as follows:
(750 ILCS 50/13) (from Ch. 40, par. 1516)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:
A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent,
provided that the execution of a consent pursuant to this
Act shall be prima facie evidence of its validity, and
provided that the validity of a consent shall not be
affected by the omission therefrom of the names of the
petitioners or adopting parents at the time the consent
is executed or acknowledged, and further provided that
the execution of a consent prior to the filing of a
petition for adoption shall not affect its validity.;
(b) To determine whether there is available
suitable temporary custodial care for a child sought to
be adopted.
B. In all cases:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his or her
official capacity as guardian ad litem to represent a
child sought to be adopted. Such guardian ad litem shall
have power to consent to the adoption of the child, if
such consent is required.;
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under
legal disability, if any.
(c) If the petition alleges a person to be unfit
pursuant to the provisions of subparagraph (p) of
paragraph D of Section 1 of this Act, such person shall
be represented by counsel. If such person is indigent or
an appearance has not been entered on his behalf at the
time the matter is set for hearing, the court shall
appoint as counsel for him either the Guardianship and
Advocacy Commission, the public defender, or, only if no
attorney from the Guardianship and Advocacy Commission or
the public defender is available, an attorney licensed to
practice law in this State.
(d) If it is proved to the satisfaction of the
court, after such investigation as the court deems
necessary, that termination of parental rights and
temporary commitment of the child to an agency or to a
person deemed competent by the court, including
petitioners, will be for the welfare of the child, the
court may order the child to be so committed and may
terminate the parental rights of the parents and declare
the child a ward of the court or, if it is not so proved,
the court may enter such other order as it shall deem
necessary and advisable.
C. In the case of a child born outside the United States
or a territory thereof, if the petitioners have previously
been appointed guardians of such child by a court of
competent jurisdiction in a country other than the United
States or a territory thereof, the court may order that the
petitioners continue as guardians of such child.
(Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
revised 1-14-97.)
ARTICLE 3
TECHNICAL CORRECTIONS
Section 3-1. This Article amends various Acts to delete
obsolete text, to correct patent and technical errors, and to
revise cross-references.
Section 3-5. The State Salary and Annuity Withholding
Act is amended by changing Section 2 as follows:
(5 ILCS 365/2) (from Ch. 127, par. 352)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Office" means the State Comptroller or, the Board of
Trustees of any of the following institutions: the University
of Illinois, the Board of Trustees of Southern Illinois
University, Chicago State University, Eastern Illinois
University, Governors State University, Illinois State
University, Northeastern Illinois University, Northern
Illinois University, and Western Illinois University the
Board of Governors of State Colleges and Universities and the
universities and colleges under its jurisdiction and the
Board of Regents and the universities under its jurisdiction.
"Department" means any department, board, commission,
institution, officer, court, or any agency of the State
government, other than the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, and Western Illinois University,
receiving State appropriations and having the power to
certify payrolls to the Comptroller authorizing payments of
salary or wages from such appropriations from any State fund
or from trust funds held by the State Treasurer; and the
Board of Trustees of the General Assembly Retirement System,
the Board of Trustees of the State Employees' Retirement
System of Illinois, and the Board of Trustees of the Judges
Retirement System of Illinois created respectively by
Articles 2, 14, and 18 of the "Illinois Pension Code.",
approved March 18, 1963, as heretofore amended;
"Employee" means any regular officer or employee who
receives salary or wages for personal service rendered to the
State of Illinois and, for the purpose of deduction for the
purchase of United States Savings Bonds, includes any State
contractual employee.;
"Annuitant" means a person receiving a service retirement
allowance or ordinary or accidental disability benefits under
Article 2, Article 14, or Article 18 of the "Illinois Pension
Code.", approved March 18, 1963, as heretofore and hereafter
amended;
"Annuity" means the service retirement allowance or
accidental disability benefits received by an annuitant.
(Source: P.A. 89-4, eff. 1-1-96; revised 2-7-97.)
Section 3-10. The Department of Natural Resources Act is
amended by changing Section 80-30 as follows:
(20 ILCS 801/80-30) (from 20 ILCS 801/35)
Sec. 80-30. Transfer of property.
(a) All books, records, documents, property (real and
personal), unexpended appropriations, and pending business
pertaining to the rights, powers, and duties transferred by
this Act from the Department of Energy and Natural Resources,
the Department of Mines and Minerals, the Abandoned Mined
Lands Reclamation Council, and the Division of Water
Resources of the Department of Transportation to the
Department of Natural Resources shall be delivered and
transferred to the Department of Natural Resources.
All books, records, documents, property (real and
personal), unexpended appropriations, and pending business
pertaining to the rights, powers, and duties retained from
the Department of Conservation by the Department of Natural
Resources shall be retained by the Department of Natural
Resources.
(b) All books, records, documents, property (real and
personal), unexpended appropriations, and pending business
pertaining to the rights, powers, and duties transferred by
this Act from the Department of Energy and Natural Resources
to the Department of Commerce and Community Affairs shall be
delivered and transferred to the Department of Commerce and
Community Affairs.
(c) All books, records, documents, property (real and
personal), unexpended appropriations, and pending business
pertaining to the rights, powers, and duties transferred by
this Act from the Department of Conservation to the Historic
Preservation Agency shall be delivered and transferred to the
Historic Preservation Agency.
(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96;
revised 2-14-96.)
Section 3-15. The Civil Administrative Code of Illinois
is amended by changing Sections 63a40 and 63a41 as follows:
(20 ILCS 805/63a40)
Sec. 63a40. Adopt-A-River program. To establish and
maintain Adopt-A-River programs with individual or group
volunteers in an effort to encourage and facilitate volunteer
group involvement in litter cleanup in and along portions of
rivers and streams located in State parks and park lands.
These programs shall include but not be limited to the
following:
(1) Providing and coordinating services by volunteers to
reduce the amount of litter including providing trash bags
and trash bag pickup and, where necessary, providing
briefings on safety procedures.
(2) Providing and installing signs identifying those
volunteers participating in the Adopt-A-River program in
particular parks and park lands.
The State and the Department of Natural Resources
Conservation and its employees are not liable for any damages
or injury suffered by any person resulting from his or her
participation in the program or from the actions or
activities of the volunteers.
(Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
revised 8-19-96.)
(20 ILCS 805/63a41)
Sec. 63a41. Establishment of Adopt-A-Park program. The
Department of Natural Resources Conservation may establish
and maintain Adopt-A-Park programs with individual or group
volunteers in an effort to reduce and remove litter from
parks and park lands. These programs shall include but not
be limited to the following:
(1) Providing and coordinating services by
volunteers to reduce the amount of litter, including
providing trash bags and trash bag pickup and, in
designated areas where volunteers may be in close
proximity to moving vehicles, providing safety briefings
and reflective safety gear.
(2) Providing and installing signs identifying
those volunteers adopting particular parks and park
lands.
(Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
revised 8-19-96.)
Section 3-20. The Department of Mental Health and
Developmental Disabilities Act (short title changed to Mental
Health and Developmental Disabilities Administrative Act
effective July 1, 1997) is amended by changing Section 43 as
follows:
(20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)
Sec. 43. To provide habilitation and care for mentally
retarded and persons with a developmental disability and
counseling for their families in accordance with programs
established and conducted by the Department.
In assisting families to place such persons in need of
care in licensed facilities for mentally retarded and persons
with a developmental disability,. the Department may
supplement the amount a family is able to pay, as determined
by the Department in accordance with Sections 5-105 through
5-116 of the "Mental Health and Developmental Disabilities
Code" as amended, and the amount available from other
sources. The Department shall have the authority to
determine eligibility for placement of a person in a private
facility.
Whenever a mentally retarded person or a client is placed
in a private facility pursuant to this Section, such private
facility must give the Department and the person's guardian
or nearest relative, at least 30 days' notice in writing
before such person may be discharged or transferred from the
private facility, except in an emergency.
(Source: P.A. 88-380; revised 11-6-96.)
Section 3-25. The Disabled Persons Rehabilitation Act is
amended by changing Section 12a as follows:
(20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
Sec. 12a. Centers for independent living.
(a) Purpose. Recognizing that persons with severe
disabilities deserve a high quality of life within their
communities regardless of their disabilities, the Department,
working with the Statewide Independent Living Council, shall
develop a State plan for submission on an annual basis to the
Commissioner. The Department shall adopt rules for
implementing the State plan in accordance with the federal
Act, including rules adopted under the federal Act governing
the award of grants.
(b) Definitions. As used in this Section, unless the
context clearly requires otherwise:
"Federal Act" means the federal 1973 Rehabilitation Act.
"Center for independent living" means a consumer
controlled, community based, cross-disability,
non-residential, private non-profit agency that is designated
and operated within a local community by individuals with
disabilities and provides an array of independent living
services.
"Consumer controlled" means that the center for
independent living vests power and authority in individuals
with disabilities and that at least 51% of the directors of
the center are persons with one or more disabilities as
defined by this Act.
"Commissioner" means the Commissioner of the
Rehabilitation Services Administration in the United States
Department of Health and Human Services.
"Council" means the Statewide Independent Living Council
appointed under subsection (d).
"Individual with a disability" means any individual who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
"Individual with a severe disability" means an individual
with a severe physical or mental impairment, whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of
independent living services will improve the ability to
function, continue functioning, or move toward functioning
independently in the family or community or to continue in
employment.
"State plan" means the materials submitted by the
Department to the Commissioner on an annual basis that
contain the State's proposal for:
(1) The provision of statewide independent living
services.
(2) The development and support of a statewide
network of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent
living centers and (ii) the vocational rehabilitation
program administered by the Department under the federal
Act and other programs providing services for individuals
with disabilities.
(c) Authority. The Department shall be designated the
State unit under Title VII of the federal Act and shall have
the following responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the
State plan.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with
respect to those records, as the Commissioner finds to be
necessary with respect to the programs.
(4) To submit additional information or provide
assurances the Commissioner may require with respect to
the programs.
The Secretary and the Chairperson of the Council are
responsible for jointly developing and signing the State plan
required by Section 704 of the federal Act. The State plan
shall conform to the requirements of Section 704 of the
federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be established
as an entity separate and distinct from the Department. The
composition of the Council shall include the following:
(1) At least one director of a center for
independent living chosen by the directors of centers for
independent living within the State.
(2) Two representatives of the Department and a
representative each from the Department on Aging, the
State Board of Education, and the Department of Children
and Family Services, all as non-voting members who shall
not be counted in the 18 members appointed by the
Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
independent living.
(B) One or more parents or guardians of individuals
with disabilities.
(C) One or more advocates for individuals with
disabilities.
(D) One or more representatives of private
business.
(E) One or more representatives of organizations
that provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities, the Governor shall appoint members of the
Council for terms beginning July 1, 1993. The Council shall
be composed of members (i) who provide statewide
representation; (ii) who represent a broad range of
individuals with disabilities; (iii) who are knowledgeable
about centers for independent living and independent living
services; and (iv) a majority of whom are persons who are
individuals with disabilities and are not employed by any
State agency or center for independent living. The terms of
all members of the Independent Living Advisory Council who
were appointed for terms beginning before July 1, 1993, shall
expire on July 1, 1993.
The council shall elect a chairperson from among its
membership.
Each member of the Council shall serve for terms of 3
years, except that (i) a member appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor was appointed shall be appointed for the
remainder of that term and (ii) terms of the members
initially appointed after the effective date of this
amendatory Act of 1993 shall be as follows: 6 of the
initial members shall be appointed for terms of one year, 6
shall be appointed for terms of 2 years, and 6 shall be
appointed for terms of 3 years. No member of the council may
serve more than 2 consecutive full terms.
Any vacancy occurring in the membership of the Council
shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the powers and duties of the
Council. The Council shall have the duties enumerated in
subsections (c), (d), and (e) of Section 705 of the federal
Act.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council. The reimbursement or compensation
shall be paid from moneys made available to the Department
under Part B of Title VII of the federal Act.
In addition to the powers and duties granted to advisory
boards by Section 8 of the Civil Administrative Code of
Illinois, the Council shall have the authority to appoint
jointly with the Secretary a peer review committee to
consider and make recommendations for grants to eligible
centers for independent living.
(e) Grants to centers for independent living. Each
center for independent living that receives assistance from
the Department under this Section shall comply with the
standards and provide and comply with the assurances that are
set forth in the State plan and consistent with Section 725
of the federal Act. Each center for independent living
receiving financial assistance from the Department shall
provide satisfactory assurances at the time and in the manner
the Secretary requires.
Beginning October 1, 1994, the Secretary may award grants
to any eligible center for independent living that is
receiving funds under Title VII of the federal Act, unless
the Secretary makes a finding that the center for independent
living fails to comply with the standards and assurances set
forth in Section 725 of the federal Act.
If there is no center for independent living serving a
region of the State or the region is underserved, and the
State receives a federal increase in its allotment sufficient
to support one or more additional centers for independent
living in the State, the Secretary may award a grant under
this subsection to one or more eligible agencies, consistent
with the provisions of the State plan setting forth the
design of the State for establishing a statewide network for
centers for independent living.
In selecting from among eligible agencies in awarding a
grant under this subsection for a new center for independent
living, the Secretary and the chairperson of (or other
individual designated by) the Council acting on behalf of and
at the direction of the Council shall jointly appoint a peer
review committee that shall rank applications in accordance
with the standards and assurances set forth in Section 725 of
the federal Act and criteria jointly established by the
Secretary and the chairperson or designated individual. The
peer review committee shall consider the ability of the
applicant to operate a center for independent living and
shall recommend an applicant to receive a grant under this
subsection based on the following:
(1) Evidence of the need for a center for
independent living, consistent with the State plan.
(2) Any past performance of the applicant in
providing services comparable to independent living
services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and
assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant
and the involvement of individuals with severe
disabilities by the applicant.
(5) The budgets and cost effectiveness of the
applicant.
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
plan.
The Secretary shall award the grant on the basis of the
recommendation of the peer review committee if the actions of
the committee are consistent with federal and State law.
(f) Evaluation and review. The Secretary shall
periodically review each center for independent living that
receives funds from the Department under Title VII of the
federal Act, or moneys appropriated from the General Revenue
Fund, to determine whether the center is in compliance with
the standards and assurances set forth in Section 725 of the
federal Act. If the Secretary determines that any center
receiving those federal or State funds is not in compliance
with the standards and assurances set forth in Section 725,
the Secretary shall immediately notify the center that it is
out of compliance. The Secretary shall terminate all funds
to that center 90 days after the date of notification or, in
the case of a center that requests an appeal, the date of any
final decision, unless the center submits a plan to achieve
compliance within 90 days and that plan is approved by the
Secretary or (if 198 on appeal) by the Commissioner.
(Source: P.A. 88-10; 89-507, eff. 7-1-97; revised 12-4-96.)
Section 3-30. The Legislative Commission Reorganization
Act of 1984 is amended by changing Section 3A-1 as follows:
(25 ILCS 130/3A-1)
Sec. 3A-1. Pension Laws Commission.
(a) The Pension Laws Commission is hereby established as
a legislative support services agency. The Commission is
subject to the provisions of this Act. It shall have the
powers and perform the duties delegated to it under this Act,
the Pension Impact Note Act, and the Illinois Pension Code
and shall perform any other functions that may be provided by
law.
(b) The Pension Laws Commission shall make a continuing
study of the laws and practices pertaining to pensions and
related retirement and disability benefits for persons in
State or local government service and their survivors and
dependents, shall evaluate existing laws and practices, and
shall review and make recommendations on proposed changes to
those laws and practices.
(c) The Commission shall be responsible for the
preparation of Pension Impact Notes as provided in the
Pension Impact Note Act.
(d) The Commission shall report to the General Assembly
annually or as it deems necessary or useful on the results of
its studies and the performance of its duties.
(e) The Commission may request assistance from any other
entity as necessary or useful for the performance of its
duties.
(f) The Illinois Economic and Fiscal Commission shall
continue to perform the functions and duties that are being
transferred from it to the Pension Laws Commission by this
amendatory Act of 1995 until the Pension Laws Commission has
been appointed and funded and is prepared to begin its
operations.
(Source: P.A. 89-113, eff. 7-7-95; revised 5-17-96.)
(30 ILCS 105/5.179 rep.)
Section 3-35. The State Finance Act is amended by
repealing Section 5.179.
Section 3-40. The State Finance Act is amended by
changing Section 6z-32 as follows:
(30 ILCS 105/6z-32)
Sec. 6z-32. Conservation 2000.
(a) The Conservation 2000 Fund and the Conservation 2000
Projects Fund are created as special funds in the State
Treasury. These funds shall be used to establish a
comprehensive program to protect Illinois' natural resources
through cooperative partnerships between State government and
public and private landowners. Moneys in these Funds may be
used, subject to appropriation, by the Environmental
Protection Agency and the Departments of Agriculture,
Conservation, Energy and Natural Resources, and
Transportation for purposes relating to natural resource
protection, recreation, tourism, and compatible agricultural
and economic development activities. Without limiting these
general purposes, moneys in these Funds may be used, subject
to appropriation, for the following specific purposes:
(1) To foster sustainable agriculture practices and
control soil erosion and sedimentation, including grants
to Soil and Water Conservation Districts for conservation
practice cost-share grants and for personnel,
educational, and administrative expenses.
(2) To establish and protect a system of ecosystems
in public and private ownership through conservation
easements, incentives to private landowners, and land
acquisition provided these mechanisms are all voluntary
on the part of the landowner and do not involve the use
of eminent domain.
(3) To develop a systematic and long-term program
to effectively measure and monitor natural resources and
ecological conditions through investments in technology
and involvement of scientific experts.
(4) To initiate strategies to enhance, use, and
maintain Illinois' inland lakes through education,
technical assistance, research, and financial incentives.
(5) To conduct an extensive review of existing
Illinois water laws.
(b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month,
beginning on September 30, 1995 and ending on June 30, 2001,
from the General Revenue Fund to the Conservation 2000 Fund,
an amount equal to 1/10 of the amount set forth below in
fiscal year 1996 and an amount equal to 1/12 of the amount
set forth below in each of the other specified fiscal years:
Fiscal Year Amount
1996 $ 3,500,000
1997 $ 9,000,000
1998 $10,000,000
1999 $11,000,000
2000 $12,500,000
2001 $14,000,000
(c) There shall be deposited into the Conservation 2000
Projects Fund such bond proceeds and other moneys as may,
from time to time, be provided by law.
(Source: P.A. 89-49, eff. 6-29-95; 89-626, eff. 8-9-96;
revised 12-10-96.)
Section 3-45. The Automobile Renting Occupation and Use
Tax Act is amended by changing Section 2 as follows:
(35 ILCS 155/2) (from Ch. 120, par. 1702)
Sec. 2. Definitions. "Renting" means any transfer of
the possession or right to possession of an automobile to a
user for a valuable consideration for a period of one 1 year
or less.
"Renting" does not include making of a charge for the use
of an automobile where the rentor, either himself or through
an agent, furnishes a service of operating an automobile so
that the rentor remains in possession of the automobile,
because this does not constitute a transfer of possession or
right to possession of the automobile.
"Renting" does not include the making of a charge, by an
automobile dealer for the use of an automobile as a
demonstrator in connection with the dealer's business of
selling, where the charge is merely made to recover the costs
of operating the automobile as a demonstrator and is not
intended as a rental or leasing charge in the ordinary sense.
"Automobile" means any motor vehicle of the first
division, a motor vehicle of the second division which is a
self-contained motor vehicle designed or permanently
converted to provide living quarters for recreational,
camping or travel use, with direct walk through access to the
living quarters from the driver's seat, or a motor vehicle of
the second division which is of the van configuration
designed for the transportation of not less than 7 nor more
than 16 passengers, as defined in Section 1-146 of "the
Illinois Vehicle Code".
"Department" means the Department of Revenue.
"Person" means any natural individual, firm, partnership,
association, joint stock company, joint adventure, public or
private corporation, limited liability company, or a
receiver, executor, trustee, conservator or other
representative representatives appointed by order of any
court.
"Rentor" means any person, firm, corporation or
association engaged in the business of renting or leasing
automobiles to users. For this purpose, the objective of
making a profit is not necessary to make the renting activity
a business.
"Rentee" means any user to whom the possession, or the
right to possession, of an automobile is transferred for a
valuable consideration for a period of one 1 year or less,
whether which is paid for by the such "rentee" or by someone
else.
"Gross receipts" from the renting of tangible personal
property or "rent", means the total rental price or leasing
price. In the case of rental transactions in which the
consideration is paid to the rentor on an installment basis,
the amounts of such payments shall be included by the rentor
in gross receipts or rent only as and when payments are
received by the rentor.
"Rental price" means the consideration for renting or
leasing an automobile valued in money, whether received in
money or otherwise, including cash credits, property and
services, and shall be determined without any deduction on
account of the cost of the property rented, the cost of
materials used, labor or service cost, or any other expense
whatsoever, but does not include charges that are added by a
rentor rentors on account of the rentor's tax liability under
this Act, or on account of the rentor's duty to collect, from
the rentee, the tax that is imposed by Section 4 of this Act.
The phrase "rental price" does not include compensation paid
to a rentor by a rentee in consideration of the waiver by the
rentor of any right of action or claim against the such
rentee for loss or damage to the automobile rented and also
does not include a separately stated charge for insurance or
recovery of refueling costs or other separately stated
charges that which are not for the use of tangible personal
property.
(Source: P.A. 88-480; revised 2-22-96.)
Section 3-50. The Property Tax Code is amended by
changing Section 16-35 as follows:
(35 ILCS 200/16-35)
Sec. 16-35. Adjournment of boards of review. The final
adjournment of the board of review in counties of less than
50,000 inhabitants shall be on or before September 7; in
counties of than 50,000 or more but less than 75,000
inhabitants, the adjournment shall be on or before October 7;
in counties of 75,000 or more but less than 100,000
inhabitants, the adjournment shall be on or before November
7; and in counties of 100,000 or more inhabitants the board
shall adjourn not later than December 31. If the work for
that assessment year is not completed, the board of review
shall, with the approval of the county board, recess on or
before its adjournment date as specified above, until the
clerk of the board of review notifies the members of the
board of review in writing to return to session to complete
their work. The board of review shall adjourn when the work
for that assessment year is completed and the assessment
books certified to the county clerk.
(Source: P.A. 84-582; 88-455; revised 2-14-96.)
Section 3-55. The Illinois Pension Code is amended by
changing Sections 5-136, 15-136, 15-153.2, and 24-109 as
follows:
(40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136)
Sec. 5-136. Widow's annuity - all employees attaining age
57 in service. The annuity for the wife of an an employee
who attains age 57 in service, and who thereafter withdraws
from or dies in service, shall be fixed, in the case of a
future entrant, as of her age at the date of his withdrawal
or death, whichever first occurs, and, in the case of a
present employee, as of her age when the employee withdraws
from or dies in service.
The widow is entitled to annuity from and after the
employee's death, as follows:
1. If the employee withdraws from service and enters upon
annuity, the annuity shall be that amount provided from his
credit for widow's annuity, and widow's prior service annuity
(if a present employee), at the time he withdraws from or
dies in service after attainment of age 57, but shall not be
less that 40% of the amount of annuity earned by the employee
at the time of his withdrawal from the service after his
attainment of age 57 or not less than 40% of the amount of
annuity accrued to the credit of the employee on date of his
death in service after his attainment of age 57 computed
according to Section 5-132, subject to the limitations of
Section 5-148, but shall not be less than $100 per month. If
the widow is more than 5 years younger than her husband, the
40% annuity for the widow shall be reduced to the actuarial
equivalent of her attained age, on the basis of the Combined
Annuity Table 3% interest.
The widow of a policeman who retires from service after
December 31, 1975 or who dies while in service after December
31, 1975 and on or after the date on which he becomes
eligible to retire under Section 5-132 shall, if she is
otherwise eligible for a widow's annuity under this Article
and if the amount determined under this paragraph is more
than the total combined amounts of her widow's annuity and
widow's prior service annuity, or the annuities provided
hereinbefore in this Section receive, in lieu of such other
widow's annuity and widow's prior service annuity, or
annuities provided hereinbefore in this Section a widow's
annuity equal to 40% of the amount of annuity which her
deceased policeman husband received as of the date of his
retirement on annuity or if he dies in the service prior to
retirement on annuity a widow's annuity equal to 40% of the
amount of annuity her deceased policeman husband would have
been entitled to receive if he had retired on the day before
the date of his death in the service, except that if the age
of the wife at date of retirement or the age of the widow at
date of death in the service is more than 5 years younger
than her policeman husband, the amount of such annuity shall
be reduced by 1/2 of 1% for each such month and fraction
thereof that she is more than 5 years younger at date of
retirement or at date of death subject to a maximum reduction
of 50%. However, no annuity under this Section shall exceed
$500.00 per month.
This Section does not apply to the widow of any former
policeman who was receiving an annuity from the fund on
December 31, 1975 and who reenters service as a policeman,
unless he renders at least 3 years of additional service
after re-entry.
(Source: P.A. 79-631; revised 5-17-96.)
(40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
Sec. 15-136. Retirement annuities - Amount.
(a) The amount of the retirement annuity shall be
determined by whichever of the following rules is applicable
and provides the largest annuity:
Rule 1: The retirement annuity shall be 1.67% of final
rate of earnings for each of the first 10 years of service,
1.90% for each of the next 10 years of service, 2.10% for
each year of service in excess of 20 but not exceeding 30,
and 2.30% for each year in excess of 30.
Rule 2: The retirement annuity shall be the sum of the
following, determined from amounts credited to the
participant in accordance with the actuarial tables and the
prescribed rate of interest in effect at the time the
retirement annuity begins:
(i) The normal annuity which can be provided on an
actuarial equivalent basis, by the accumulated normal
contributions as of the date the annuity begins; and
(ii) an annuity from employer contributions of an
amount which can be provided on an actuarially equivalent
basis from the accumulated normal contributions made by
the participant under Section 15-113.6 and Section
15-113.7 plus 1.4 times all other accumulated normal
contributions made by the participant.
Rule 3: The retirement annuity of a participant who is
employed at least one-half time during the period on which
his or her final rate of earnings is based, shall be equal to
the participant's years of service not to exceed 30,
multiplied by (1) $96 if the participant's final rate of
earnings is less than $3,500, (2) $108 if the final rate of
earnings is at least $3,500 but less than $4,500, (3) $120 if
the final rate of earnings is at least $4,500 but less than
$5,500, (4) $132 if the final rate of earnings is at least
$5,500 but less than $6,500, (5) $144 if the final rate of
earnings is at least $6,500 but less than $7,500, (6) $156 if
the final rate of earnings is at least $7,500 but less than
$8,500, (7) $168 if the final rate of earnings is at least
$8,500 but less than $9,500, and (8) $180 if the final rate
of earnings is $9,500 or more.
Rule 4: A participant who is at least age 50 and has 25
or more years of service as a police officer or firefighter,
and a participant who is age 55 or over and has at least 20
but less than 25 years of service as a police officer or
firefighter, shall be entitled to a retirement annuity of 2
1/4% of the final rate of earnings for each of the first 10
years of service as a police officer or firefighter, 2 1/2%
for each of the next 10 years of service as a police officer
or firefighter, and 2 3/4% for each year of service as a
police officer or firefighter in excess of 20. The
retirement annuity for all other service shall be computed
under Rule 1.
(b) The retirement annuity provided under Rules 1 and 3
above shall be reduced by 1/2 of 1% for each month the
participant is under age 60 at the time of retirement.
However, this reduction shall not apply in the following
cases:
(1) For a disabled participant whose disability
benefits have been discontinued because he or she has
exhausted eligibility for disability benefits under
clause (6) (5) of Section 15-152;
(2) For a participant who has at least 35 years of
service; or
(3) For that portion of a retirement annuity which
has been provided on account of service of the
participant during periods when he or she performed the
duties of a police officer or firefighter, if these
duties were performed for at least 5 years immediately
preceding the date the retirement annuity is to begin.
(c) The maximum retirement annuity provided under Rules
1, 2, and 4 shall be the lesser of (1) the annual limit of
benefits as specified in Section 415 of the Internal Revenue
Code of 1986, as such Section may be amended from time to
time and as such benefit limits shall be adjusted by the
Commissioner of Internal Revenue, and (2) 75% of final rate
of earnings; however, this limitation of 75% of final rate of
earnings shall not apply to a person who is a participant or
annuitant on September 15, 1977 if it results in a retirement
annuity less than that which is payable to the annuitant or
which would have been payable to the participant under the
provisions of this Article in effect on June 30, 1977.
(d) An annuitant whose status as an employee terminates
after August 14, 1969 shall receive automatic increases in
his or her retirement annuity as follows:
Effective January 1 immediately following the date the
retirement annuity begins, the annuitant shall receive an
increase in his or her monthly retirement annuity of 0.125%
of the monthly retirement annuity provided under Rule 1, Rule
2, Rule 3, or Rule 4, contained in this Section, multiplied
by the number of full months which elapsed from the date the
retirement annuity payments began to January 1, 1972, plus
0.1667% of such annuity, multiplied by the number of full
months which elapsed from January 1, 1972, or the date the
retirement annuity payments began, whichever is later, to
January 1, 1978, plus 0.25% of such annuity multiplied by the
number of full months which elapsed from January 1, 1978, or
the date the retirement annuity payments began, whichever is
later, to the effective date of the increase.
The annuitant shall receive an increase in his or her
monthly retirement annuity on each January 1 thereafter
during the annuitant's life of 3% of the monthly annuity
provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
this Section. The change made under this subsection by P.A.
81-970 is effective January 1, 1980 and applies to each
annuitant whose status as an employee terminates before or
after that date.
Beginning January 1, 1990, all automatic annual increases
payable under this Section shall be calculated as a
percentage of the total annuity payable at the time of the
increase, including all increases previously granted under
this Article. The change made in this subsection by P.A.
85-1008 is effective January 26, 1988, and is applicable
without regard to whether status as an employee terminated
before that date.
(e) If, on January 1, 1987, or the date the retirement
annuity payment period begins, whichever is later, the sum of
the retirement annuity provided under Rule 1 or Rule 2 of
this Section and the automatic annual increases provided
under the preceding subsection or Section 15-136.1, amounts
to less than the retirement annuity which would be provided
by Rule 3, the retirement annuity shall be increased as of
January 1, 1987, or the date the retirement annuity payment
period begins, whichever is later, to the amount which would
be provided by Rule 3 of this Section. Such increased amount
shall be considered as the retirement annuity in determining
benefits provided under other Sections of this Article. This
paragraph applies without regard to whether status as an
employee terminated before the effective date of this
amendatory Act of 1987, provided that the annuitant was
employed at least one-half time during the period on which
the final rate of earnings was based.
(f) A participant is entitled to such additional annuity
as may be provided on an actuarial equivalent basis, by any
accumulated additional contributions to his or her credit.
However, the additional contributions made by the participant
toward the automatic increases in annuity provided under this
Section shall not be taken into account in determining the
amount of such additional annuity.
(g) If, (1) by law, a function of a governmental unit,
as defined by Section 20-107 of this Code, is transferred in
whole or in part to an employer, and (2) a participant
transfers employment from such governmental unit to such
employer within 6 months after the transfer of the function,
and (3) the sum of (A) the annuity payable to the participant
under Rule 1, 2, or 3 of this Section (B) all proportional
annuities payable to the participant by all other retirement
systems covered by Article 20, and (C) the initial primary
insurance amount to which the participant is entitled under
the Social Security Act, is less than the retirement annuity
which would have been payable if all of the participant's
pension credits validated under Section 20-109 had been
validated under this system, a supplemental annuity equal to
the difference in such amounts shall be payable to the
participant.
(h) On January 1, 1981, an annuitant who was receiving a
retirement annuity on or before January 1, 1971 shall have
his or her retirement annuity then being paid increased $1
per month for each year of creditable service. On January 1,
1982, an annuitant whose retirement annuity began on or
before January 1, 1977, shall have his or her retirement
annuity then being paid increased $1 per month for each year
of creditable service.
(i) On January 1, 1987, any annuitant whose retirement
annuity began on or before January 1, 1977, shall have the
monthly retirement annuity increased by an amount equal to 8¢
per year of creditable service times the number of years that
have elapsed since the annuity began.
(Source: P.A. 86-272; 86-273; 86-1028; revised 5-17-96.)
(40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
Sec. 15-153.2. Disability retirement annuity. A
participant whose disability benefits are discontinued under
the provisions of clause (6) (5) of Section 15-152, is
entitled to a disability retirement annuity of 35% of the
basic compensation which was payable to the participant at
the time that disability began, provided at least 2 licensed
and practicing physicians appointed by the board certify that
the participant has a medically determinable physical or
mental impairment which would prevent him or her from
engaging in any substantial gainful activity, and which can
be expected to result in death or which has lasted or can be
expected to last for a continuous period of not less than 12
months. The terms "medically determinable physical or mental
impairment" and "substantial gainful activity" shall have the
meanings ascribed to them in the "Social Security Act", as
now or hereafter amended, and the regulations issued
thereunder.
The disability retirement annuity payment period shall
begin immediately following the expiration of the disability
benefit payments under clause (6) (5) of Section 15-152 and
shall be discontinued when (1) the physical or mental
impairment no longer prevents the participant from engaging
in any substantial gainful activity, (2) the participant
dies, or (3) the participant elects to receive a retirement
annuity under Sections 15-135 and 15-136. If a person's
disability retirement annuity is discontinued under clause
(1), all rights and credits accrued in the system on the date
that the disability retirement annuity began shall be
restored, and the disability retirement annuity paid shall be
considered as disability payments under clause (6) (5) of
Section 15-152.
(Source: P.A. 83-1440; revised 2-7-97.)
(40 ILCS 5/24-109) (from Ch. 108 1/2, par. 24-109)
Sec. 24-109. Football Coaches.
(a) Any football coach employed by the Board of Trustees
of Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University Governors of State Colleges and Universities, the
Board of Regents, the University of Illinois Board of
Trustees, or the Southern Illinois University System Board of
Trustees, may participate in the American Football Coaches
Retirement Trust in accordance with the conditions of that
Trust, of this Section, and of applicable federal law.
(b) A football coach who elects to participate in the
Trust may defer a part of his compensation as a coach by
making employee contributions to the Trust. Amounts deferred
by the coach under this Section shall be deemed a part of the
coach's compensation for purposes of participation in the
State Universities Retirement System but, in accordance with
the U.S. Internal Revenue Code of 1986, shall not be included
in the computation of federal income taxes withheld on behalf
of the coach. The employing institution of higher education
shall not make any employer contributions to the Trust on
behalf of the coach.
(c) A football coach who participates in the Trust may
not participate in any other program of deferred compensation
under this Article during any year in which he makes
contributions to the Trust.
(d) Participation in the Trust shall be administered by
the institution of higher education that employs the coach.
Each such institution shall report annually to the General
Assembly on the status of the Trust and participation under
this Section.
(e) The right to participate in the Trust that is
granted by this Section is subject to future limitation, and
shall not be deemed to be a pension benefit that is protected
from impairment under Section 5 of Article XIII of the
Illinois Constitution.
(Source: P.A. 87-794, eff. 11-19-91; revised 11-13-96.)
Section 3-60. The Counties Code is amended by changing
Sections 4-2001, 5-1031.1, 5-1095, and 5-12003 as follows:
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's
attorneys in this State, except the state's attorney of Cook
County, the following annual salary:
(1) To each state's attorney in counties containing
less than 10,000 inhabitants, $40,500 until December 31,
1988, $45,500 until June 30, 1994, and $55,500
thereafter.
(2) To each state's attorney in counties containing
10,000 or more inhabitants but less than 20,000
inhabitants, $46,500 until December 31, 1988, $61,500
until June 30, 1994, and $71,500 thereafter.
(3) To each state's attorney in counties containing
20,000 or more but less than 30,000 inhabitants, $51,000
until December 31, 1988, $65,000 until June 30, 1994, and
$75,000 thereafter.
(4) To each state's states's attorney in counties
of 30,000 or more inhabitants, $65,500 until December 31,
1988, $80,000 until June 30, 1994, and $96,837
thereafter.
The State shall furnish 66 2/3% of the total annual
compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988, and 100%
of the increases in salary provided by Public Act 85-1451 and
this amendatory Act of 1994.
Said amounts furnished by the State shall be payable
monthly from the state treasury to the county in which each
state's attorney is elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney
in Illinois based on the salary in effect on December 31,
1988.
(b) Except in counties containing fewer than 10,000
inhabitants and except as provided in this paragraph, no
state's attorney may engage in the private practice of law.
However, in any county between 10,000 and 30,000 inhabitants
or in any county containing 30,000 or more inhabitants which
reached such population between 1970 and December 31, 1981,
the state's attorney may declare his intention to engage in
the private practice of law by filing a written declaration
of intent to engage in the private practice of law with the
county clerk. The declaration of intention shall be
irrevocable during the remainder of the term of office. The
declaration shall be filed with the county clerk within 30
days of certification of election or appointment, or within
60 days of March 15, 1989, whichever is later. In that event
the annual salary of such state's attorney shall be as
follows:
(1) In counties containing 10,000 or more
inhabitants but less than 20,000 inhabitants, $46,500
until December 31, 1988, $51,500 until June 30, 1994, and
$61,500 thereafter. The State shall furnish 100% of the
increases taking effect after December 31, 1988.
(2) In counties containing 20,000 or more
inhabitants but less than 30,000 inhabitants, and in
counties containing 30,000 or more inhabitants which
reached said population between 1970 and December 31,
1981, $51,500 until December 31, 1988, $56,000 until June
30, 1994, and $65,000 thereafter. The State shall
furnish 100% of the increases taking effect after
December 31, 1988.
(c) In counties where a state mental health institution,
as hereinafter defined, is located, one assistant state's
attorney shall receive for his services, payable monthly from
the state treasury to the county in which he is appointed,
the following:
(1) To each assistant state's attorney in counties
containing less than 10,000 inhabitants, the sum of
$2,500 per annum;
(2) To each assistant state's attorney in counties
containing not less than 10,000 inhabitants and not more
than 20,000 inhabitants, the sum of $3,500 per annum;
(3) To each assistant state's attorney in counties
containing not less than 20,000 inhabitants and not more
than 30,000 inhabitants, the sum of $4,000 per annum;
(4) To each assistant state's attorney in counties
containing not less than 30,000 inhabitants and not more
than 40,000 inhabitants, the sum of $4,500 per annum;
(5) To each assistant state's attorney in counties
containing not less than 40,000 inhabitants and not more
than 70,000 inhabitants, the sum of $5,000 per annum;
(6) To each assistant state's attorney in counties
containing not less than 70,000 inhabitants and not more
than 1,000,000 inhabitants, the sum of $6,000 per annum.
(d) The population of all counties for the purpose of
fixing salaries as herein provided shall be based upon the
last Federal census immediately previous to the appointment
of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in
counties where one or more state correctional institutions,
as hereinafter defined, are located, one or more assistant
state's attorneys shall receive for their services, provided
that such services are performed in connection with the state
correctional institution, payable monthly from the state
treasury to the county in which they are appointed, the
following:
(1) $22,000 for each assistant state's attorney in
counties with one or more State correctional institutions
with a total average daily inmate population in excess of
2,000, on the basis of 2 assistant state's attorneys when
the total average daily inmate population exceeds 2,000
but is less than 4,000; and 3 assistant state's attorneys
when such population exceeds 4,000; with reimbursement to
be based on actual services rendered.
(2) $15,000 per year for one assistant state's
attorney in counties having one or more correctional
institutions with a total average daily inmate population
of between 750 and 2,000 inmates, with reimbursement to
be based on actual services rendered.
(3) A maximum of $12,000 per year for one assistant
state's attorney in counties having less than 750
inmates, with reimbursement to be based on actual
services rendered.
Upon application of the county governing authority
and certification of the State's Attorney, the Director
of Corrections may, in his discretion and subject to
appropriation, increase the amount of salary
reimbursement to a county in the event special
circumstances require the county to incur extraordinary
salary expenditures as a result of services performed in
connection with State correctional institutions in that
county.
In determining whether or not to increase the amount of
salary reimbursement, the Director shall consider, among
other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to
employ additional attorney personnel as a direct result
of the services actually rendered in connection with a
particular service to a State correctional institution.
(f) In counties where a State senior institution of
higher education is located, the assistant state's attorneys
specified by this Section shall receive for their services,
payable monthly from the State treasury to the county in
which appointed, the following:
(1) $14,000 per year each for employment on a full
time basis for 2 assistant state's attorneys in counties
having a State university or State universities with
combined full time enrollment of more than 15,000
students.
(2) $7,200 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of 10,000 to 15,000
students.
(3) $4,000 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of less than 10,000
students.
Such salaries shall be paid to the state's attorney and
the assistant state's attorney in equal monthly installments
by such county out of the county treasury provided that the
State of Illinois shall reimburse each county monthly from
the state treasury the amount of such salary. This Section
shall not prevent the payment of such additional compensation
to the state's attorney or assistant state's attorney of any
county, out of the treasury of that county as may be provided
by law.
(g) For purposes of this Section, "State mental health
institution" means any institution under the jurisdiction of
the Department of Human Services that is listed in Section 4
of the Mental Health and Developmental Disabilities
Administrative Act.
For purposes of this Section, "State correctional
institution" means any facility of the Department of
Corrections including adult facilities, juvenile facilities,
pre-release centers, community correction centers, and work
camps.
For purposes of this Section, "State university" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the several colleges
and universities under the governance of the Board of
Governors of State Colleges and Universities, the several
Regency Universities under the jurisdiction of the Board of
Regents, and any public community college which has
established a program of interinstitutional cooperation with
one of the foregoing institutions whereby a student, after
earning an associate degree from the community college,
pursues a course of study at the community college campus
leading to a baccalaureate degree from the foregoing
institution (also known as a "2 Plus 2" degree program).
(Source: P.A. 88-594, eff. 8-26-94; 89-507, eff. 7-1-97;
revised 2-7-97.)
(55 ILCS 5/5-1031.1)
Sec. 5-1031.1. Home rule real estate transfer taxes.
(a) After the effective date of this amendatory Act of
1996 and subject to this Section, a home rule county may
impose or increase a tax or other fee on the privilege of
transferring title to real estate, as represented by the deed
that is filed for recordation, and on the privilege of
transferring a beneficial interest in a land trust holding
legal title to real property, as represented by the trust
document that is filed for recordation. A tax or other fee
on the privilege of transferring title to real estate, as
represented by the deed that is filed for recordation, and on
the privilege of transferring a beneficial interest in a land
trust holding legal title to real property, as represented by
the trust document that is filed for recordation, shall
hereafter be referred to as a real estate transfer tax.
(b) Before adopting a resolution to submit the question
of imposing or increasing a real estate transfer tax to
referendum, the corporate authorities shall give public
notice of and hold a public hearing on the intent to submit
the question to referendum. This hearing may be part of a
regularly scheduled meeting of the corporate authorities.
The notice shall be published not more than 30 nor less than
10 days prior to the hearing in a newspaper of general
circulation within the county municipality. The notice shall
be published in the following form:
Notice of Proposed (Increased) Real Estate Transfer
Tax for (commonly known name of county).
A public hearing on a resolution to submit to
referendum the question of a proposed (increased) real
estate transfer tax for (legal name of the county) in an
amount of (rate) to be paid by the buyer (seller) of the
real estate transferred will be held on (date) at (time)
at (location). The current rate of real estate transfer
tax imposed by (name of county) is (rate).
Any person desiring to appear at the public hearing
and present testimony to the taxing district may do so.
(c) A notice that includes any information not specified
and required by this Section is an invalid notice. All
hearings shall be open to the public. At the public hearing,
the corporate authorities of the county shall explain the
reasons for the proposed or increased real estate transfer
tax and shall permit persons desiring to be heard an
opportunity to present testimony within reasonable time
limits determined by the corporate authorities. A copy of
the proposed ordinance shall be made available to the general
public for inspection before the public hearing.
(d) No home rule county shall impose a new real estate
transfer tax after the effective date of this amendatory Act
of 1996 without prior approval by referendum. No home rule
county shall impose an increase of the rate of a current real
estate transfer tax without prior approval by referendum. A
home rule county may impose a new real estate transfer tax or
may increase an existing real estate transfer tax with prior
referendum approval. The referendum shall be conducted as
provided in subsection (e).
(e) The home rule county shall, by resolution, provide
for submission of the proposition to the voters. The home
rule county shall certify the resolution and the proposition
to the proper election officials in accordance with the
general election law. If the proposition is to impose a new
real estate transfer tax, it shall be in substantially the
following form: "Shall (name of county) impose a real estate
transfer tax at a rate of (rate) to be paid by the buyer
(seller) of the real estate transferred, with the revenue of
the proposed transfer tax to be used for (purpose)?". If the
proposition is to increase an existing real estate transfer
tax, it shall be in the following form: "Shall (name of
county) impose a real estate transfer tax increase of
(percent increase) to establish a new real estate transfer
tax rate of (rate) to be paid by the buyer (seller) of the
real estate transferred? The current rate of the real estate
transfer tax is (rate), and the revenue is used for
(purpose). The revenue from the increase is to be used for
(purpose).".
If a majority of the electors voting on the proposition
vote in favor of it, the county may impose or increase the
real estate transfer tax.
(f) Nothing in this amendatory Act of 1996 shall limit
the purposes for which real estate transfer tax revenues may
be collected or expended.
(g) A home rule county may not impose real estate
transfer taxes other than as authorized by this Section. This
Section is a denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of
the Illinois Constitution.
(Source: P.A. 89-701, eff. 1-17-97; revised 1-27-97.)
(55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
Sec. 5-1095. Community antenna television systems;
satellite transmitted television programming.
(a) The County Board may license, tax or franchise the
business of operating a community antenna television system
or systems within the County and outside of a municipality,
as defined in Section 1-1-2 of the Illinois Municipal Code.
When an area is annexed to a municipality, the annexing
municipality shall thereby become the franchising authority
with respect to that portion of any community antenna
television system that, immediately before annexation, had
provided cable television services within the annexed area
under a franchise granted by the county, and the owner of
that community antenna television system shall thereby be
authorized to provide cable television services within the
annexed area under the terms and provisions of the existing
franchise. In that instance, the franchise shall remain in
effect until, by its terms, it expires, except that any
franchise fees payable under the franchise shall be payable
only to the county for a period of 5 years or until, by its
terms, the franchise expires, whichever occurs first. After
the 5 year period, any franchise fees payable under the
franchise shall be paid to the annexing municipality. In any
instance in which a duly franchised community antenna
television system is providing cable television services
within the annexing municipality at the time of annexation,
the annexing municipality may permit that franchisee to
extend its community antenna television system to the annexed
area under terms and conditions that are no more burdensome
nor less favorable to that franchisee than those imposed
under any community antenna television franchise applicable
to the annexed area at the time of annexation. The
authorization to extend cable television service to the
annexed area and any community antenna television system
authorized to provide cable television services within the
annexed area at the time of annexation shall not be subject
to the provisions of subsection (e) of this Section.
(b) "Community antenna television system" as used in
this Section, means any facility which is constructed in
whole or in part in, on, under or over any highway or other
public place and which is operated to perform for hire the
service of receiving and amplifying the signals broadcast by
one or more television stations and redistributing such
signals by wire, cable or other means to members of the
public who subscribe to such service except that such term
does not include (i) any system which serves fewer than 50
subscribers or (ii) any system which serves only the
residents of one or more apartment dwellings under common
ownership, control or management, and commercial
establishments located on the premises of such dwellings.
(c) The authority hereby granted does not include the
authority to license or franchise telephone companies subject
to the jurisdiction of the Illinois Commerce Commission or
the Federal Communications Commission in connection with
furnishing circuits, wires, cables or other facilities to the
operator of a community antenna television system.
The County Board may, in the course of franchising such
community antenna television system, grant to such franchisee
the authority and the right and permission to use all public
streets, rights of way, alleys, ways for public service
facilities, parks, playgrounds, school grounds, or other
public grounds, in which such county may have an interest,
for the construction, installation, operation, maintenance,
alteration, addition, extension or improvement of a community
antenna television system.
Any charge imposed by a community antenna television
system franchised pursuant to this Section for the raising or
removal of cables or lines to permit passage on, to or from a
street shall not exceed the reasonable costs of work
reasonably necessary to safely permit such passage. Pursuant
to subsections (h) and (i) of Section 6 of Article VII of the
Constitution of the State of Illinois, the General Assembly
declares the regulation of charges which may be imposed by
community antenna television systems for the raising or
removal of cables or lines to permit passage on, to or from
streets is a power or function to be exercised exclusively by
the State and not to be exercised or performed concurrently
with the State by any unit of local government, including any
home rule unit.
The County Board may, upon written request by the
franchisee of a community antenna television system, exercise
its right of eminent domain solely for the purpose of
granting an easement right no greater than 8 feet in width,
extending no greater than 8 feet from any lot line for the
purpose of extending cable across any parcel of property in
the manner provided for by the law of eminent domain,
provided, however, such franchisee deposits with the county
sufficient security to pay all costs incurred by the county
in the exercise of its right of eminent domain.
Except as specifically provided otherwise in this
Section, this Section is not a limitation on any home rule
county.
(d) The General Assembly finds and declares that
satellite-transmitted television programming should be
available to those who desire to subscribe to such
programming and that decoding devices should be obtainable at
reasonable prices by those who are unable to obtain
satellite-transmitted television programming through duly
franchised community antenna television systems.
In any instance in which a person is unable to obtain
satellite-transmitted television programming through a duly
franchised community antenna television system either because
the municipality and county in which such person resides has
not granted a franchise to operate and maintain a community
antenna television system, or because the duly franchised
community antenna television system operator does not make
cable television services available to such person, any
programming company that delivers satellite-transmitted
television programming in scrambled or encrypted form shall
ensure that devices for decryption of such programming are
made available to such person, through the local community
antenna television operator or directly, for purchase or
lease at prices reasonably related to the cost of manufacture
and distribution of such devices.
(e) The General Assembly finds and declares that, in
order to ensure that community antenna television services
are provided in an orderly, competitive and economically
sound manner, the best interests of the public will be served
by the establishment of certain minimum standards and
procedures for the granting of additional cable television
franchises.
Subject to the provisions of this subsection, the
authority granted under subsection (a) hereof shall include
the authority to license, franchise and tax more than one
cable operator to provide community antenna television
services within the territorial limits of a single
franchising authority. For purposes of this subsection (e),
the term:
(i) "Existing cable television franchise" means a
community antenna television franchise granted by a
county which is in use at the time such county receives
an application or request by another cable operator for a
franchise to provide cable antenna television services
within all or any portion of the territorial area which
is or may be served under the existing cable television
franchise.
(ii) "Additional cable television franchise" means
a franchise pursuant to which community antenna
television services may be provided within the
territorial areas, or any portion thereof, which may be
served under an existing cable television franchise.
(iii) "Franchising Authority" is defined as that
term is defined under Section 602(9) of the Cable
Communications Policy Act of 1984, Public Law 98-549.
(iv) "Cable operator" is defined as that term is
defined under Section 602(4) of the Cable Communications
Policy Act of 1984, Public Law 98-549.
Before granting an additional cable television franchise,
the franchising authority shall:
(1) Give written notice to the owner or
operator of any other community antenna television
system franchised to serve all or any portion of the
territorial area to be served by such additional
cable television franchise, identifying the
applicant for such additional franchise and
specifying the date, time and place at which the
franchising authority shall conduct public hearings
to consider and determine whether such additional
cable television franchise should be granted.
(2) Conduct a public hearing to determine the
public need for such additional cable television
franchise, the capacity of public rights-of-way to
accommodate such additional community antenna
television services, the potential disruption to
existing users of public rights-of-way to be used by
such additional franchise applicant to complete
construction and to provide cable television
services within the proposed franchise area, the
long term economic impact of such additional cable
television system within the community, and such
other factors as the franchising authority shall
deem appropriate.
(3) Determine, based upon the foregoing
factors, whether it is in the best interest of the
county municipality to grant such additional cable
television franchise.
If the franchising authority shall determine that it is
in the best interest of the county municipality to do so, it
may grant the additional cable television franchise, provided
that no such additional cable television franchise shall be
granted under terms or conditions more favorable or less
burdensome to the applicant than those required under the
existing cable television franchise, including but not
limited to terms and conditions pertaining to the territorial
extent of the franchise, system design, technical performance
standards, construction schedules, performance bonds,
standards for construction and installation of cable
television facilities, service to subscribers, public
educational and governmental access channels and programming,
production assistance, liability and indemnification, and
franchise fees.
No county shall be subject to suit for damages based upon
the refusal to grant an additional cable television
franchise, provided that a public hearing as herein provided
has been held and the franchising authority has determined
that it is not in the best interest of the county to grant
such additional franchise.
It is declared to be the law of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the
Illinois Constitution, that the establishment of minimum
standards and procedures for the granting of additional cable
television franchises as provided in this subsection (e) is
an exclusive State power and function that may not be
exercised concurrently by a home rule unit.
(Source: P.A. 86-962; 86-1410; revised 1-27-97.)
(55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
Sec. 5-12003. Special flood hazard areas. In those areas
within the territory of a county with a population in excess
of 500,000 and fewer than 3 million inhabitants, and outside
any city, village or incorporated town, which are identified
as "Special Flood Hazard Areas" under the terms and
provisions of any ordinance adopted under this Division, the
unauthorized excavation or filling of such an area by any
person shall cause the county board to apply to the circuit
court in that county for an order to remove the fill and
restore the parcel to its natural elevation in order to
lessen or avoid the imminent threat to the public health,
safety or welfare and damage to property resulting from the
accumulation or run-off of storm or flood waters. Where,
upon diligent search, the identity or whereabouts of the
owner of any such parcel, including lien holders of record,
are not ascertainable, notice mailed to the person in whose
name such real estate was last assessed for taxes, as shown
by the county collector's books, constitutes sufficient
notice under this Section. The hearing upon such application
to the circuit court shall be expedited by the court and
given precedence over all other suits. The cost of removal
or restoration incurred by the county board is recoverable
from the owner of such real estate and is a lien thereon,
which lien is superior to all prior existing liens and
encumbrances, except taxes; provided that within 60 days
after such removal of fill or restoration of the parcel to
its natural elevation, the county board shall file notice of
or lien for such cost and expense incurred in the office of
the recorder of the county. The notice must consist of a
sworn statement setting out (1) a description of the real
estate sufficient for identification thereof, (2) the amount
of money representing the cost and expense incurred, and (3)
the date on which the cost was incurred by the county. Upon
payment of the costs and expenses by the owner or persons
interested in the property, the lien shall be released by the
county in whose name the lien has been filed and the release
may be filed of record. The lien may be enforced by
proceedings of foreclosure as in the case of mortgages or
mechanics' liens, which action must be commenced within 3
years after the date of filing notice of lien.
(Source: P.A. 86-962; revised 2-7-97.)
Section 3-65. The Illinois Municipal Code is amended by
changing Section 7-1-1.1 as follows:
(65 ILCS 5/7-1-1.1) (from Ch. 24, par. 7-1-1.1)
Sec. 7-1-1.1. Elector. For the purposes of this Division
1, "elector" means anyone registered to vote.
(Source: Laws 1965, p. 959; revised 5-17-96.)
Section 3-70. The School Code is amended by changing
Section 9-12 as follows:
(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
Sec. 9-12. Ballots for the election of school officers
shall be in one of the following forms:
(FORMAT 1
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used by Boards of School Directors.
School Directors are elected at large.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMAT 2
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used when school board members are elected
at large. Membership on the school board is not restricted
by area of residence.
Types of school districts generally using this format
are:
Common school districts;
Community unit and community consolidated school
districts formed on or after January 1, 1975;
Community unit school districts formed prior to January
1, 1975 that elect board members at large and without
restriction by area of residence within the district under
subsection (c) of Section 11A-8;
Community unit, community consolidated and combined
school districts in which more than 90% of the population is
in one congressional township;
High school districts in which less than 15% of the
taxable property is located in unincorporated territory; and
unit districts (OLD TYPE);
Combined school districts formed on or after July 1,
1983;.)
Combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMAT 3
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by community unit, community
consolidated and combined school districts when the territory
is less than 2 congressional townships, or 72 square miles,
but consists of more than one congressional township, or 36
square miles, outside of the corporate limits of any city,
village or incorporated town within the school district. The
School Code requires that not more than 5 board members shall
be selected from any city, village or incorporated town in
the school district. At least two board members must reside
in the unincorporated area of the school district.
Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for combined
school districts formed before July 1, 1983 and community
consolidated school districts that elect board members at
large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7, this format
applies to community unit and community consolidated school
districts formed prior to January 1, 1975 and combined school
districts formed prior to July 1, 1983.)
OFFICIAL BALLOT
Instructions to voter: The board of education shall be
composed of members from both the incorporated and the
unincorporated area; not more than 5 board members shall be
selected from any city, village or incorporated town.
On the basis of existing board membership, not more than
.... may be elected from the incorporated areas.
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 4
Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed
prior to January 1, 1975 that elect board members at large
and without restriction by area of residence within the
district under subsection (c) of Section 11A-8 and except for
those combined school districts formed before July 1, 1983
and community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7,
this format applies to community unit and community
consolidated school districts formed prior to January 1, 1975
and combined school districts formed prior to July 1, 1983
when the territory of the school district is greater than 2
congressional townships, or 72 square miles. This format
applies only when less than 75% of the population is in one
congressional township. Congressional townships of less than
100 inhabitants shall not be considered for the purpose of
such mandatory board representation. In this case, not more
than 3 board members may be selected from any one
congressional township.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of
education is restricted to a maximum of 3 members from any
congressional township. On the basis of existing board
membership, members may be elected in the following numbers
from each congressional township.
Not more than .... may be elected from Township ....
Range ....
Not more than .... may be elected from Township ....
Range ....
Not more than .... may be elected from Township ....
Range ....
(Include each remaining congressional township in
district as needed)
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
(FORMAT 5
Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for those
combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7,
this format is used by community unit and community
consolidated school districts formed prior to January 1,
1975, and combined school districts formed prior to July 1,
1983, when the territory of the school district is greater
than 2 congressional townships, or 72 square miles and when
at least 75%, but not more than 90%, of the population
resides in one congressional township. In this case, 4
school board members shall be selected from that one
congressional township and the 3 remaining board members
shall be selected from the rest of the district. If a school
district from which school board members are to be selected
is located in a county under township organization and if the
surveyed boundaries of a congressional township from which
one or more of those school board members is to be selected,
as described by township number and range, are coterminous
with the boundaries of the township as identified by the
township name assigned to it as a political subdivision of
the State, then that township may be referred to on the
ballot by both its township name and by township number and
range.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of
education is to consist of 4 members from the congressional
township that has at least 75% but not more than 90% of the
population, and 3 board members from the remaining
congressional townships in the school district. On the basis
of existing board membership, members may be elected in the
following numbers from each congressional township.
FOR MEMBER OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
FROM (name)........ TOWNSHIP ..... RANGE .....
VOTE FOR ONE
( )..........................
( )..........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM;
VOTE FOR ....
..... shall be elected from (name)...... Township .....
Range .....; ...... board members shall be elected from the
remaining congressional townships.
(name)....... TOWNSHIP ..... RANGE .....
( ) ............................
( ) ............................
The Remaining Congressional Townships
( ) ............................
( ) ............................
(FORMAT 6
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used by school districts in which voters
have approved a referendum to elect school board members by
school board district. The school district is then divided
into 7 school board districts, each of which elects one
member to the board of education.)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
(Precinct name or number)
School District No. ......, ........... County, Illinois
Election Tuesday ..................., 19......
(facsimile signature of Election Authority)
(County)
(FORMAT 7
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in
the unincorporated territory of the school district. In this
case, at least one board member shall be a resident of the
unincorporated territory.)
OFFICIAL BALLOT
Instructions to voter: More than 15% but less than 30% of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least one board member shall be a resident of the
unincorporated areas.
On the basis of existing board membership, at least one
member shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 7a
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Sections
9-11.1 and 9-11.2.
This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in
the unincorporated territory of the school district and on
the basis of existing board membership no board member is
required to be elected from the unincorporated area.)
OFFICIAL BALLOT
Instruction to voter: More than 15% but less than 30% of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least one board member shall be a resident of the
unincorporated areas.
On the basis of existing board membership, members may be
elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 8
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership at least 2
members shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 8a
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership at least one
member shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 8b
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership, members may be
elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ...........................
( ) ...........................
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ...........................
( ) ...........................
( ) ...........................
( ) ...........................
(Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95;
89-579, eff. 7-30-96; revised 10-24-96.)
Section 3-75. The Public Community College Act is
amended by changing Section 6-4 as follows:
(110 ILCS 805/6-4) (from Ch. 122, par. 106-4)
Sec. 6-4. Variable rates and fees. Any community
college district, by resolution of the board, may establish
variable tuition rates and fees for students attending its
college in an amount not to exceed 1/3 of the per capita cost
as defined in Section 6-2, provided that voluntary
contributions, as defined in Section 65 of the Higher
Education Student Assistance the Matching Grants for
Scolarships Act, shall not be included in any calculation of
community college tuition and fee rates for the purpose of
this Section.
(Source: P.A. 86-1445; 87-435; revised 2-17-97.)
Section 3-80. The Hospital Licensing Act is amended by
changing Section 10.4 as follows:
(210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
Sec. 10.4. Medical staff privileges.
(a) Any hospital licensed under this Act or any hospital
organized under the University of Illinois Hospital Act
shall, prior to the granting of any medical staff privileges
to an applicant, or renewing a current medical staff member's
privileges, request of the Director of Professional
Regulation information concerning the licensure status and
any disciplinary action taken against the applicant's or
medical staff member's license, except for medical personnel
who enter a hospital to obtain organs and tissues for
transplant from a deceased donor in accordance with the
Uniform Anatomical Gift Act. The Director of Professional
Regulation shall transmit, in writing and in a timely
fashion, such information regarding the license of the
applicant or the medical staff member, including the record
of imposition of any periods of supervision or monitoring as
a result of alcohol or substance abuse, as provided by
Section 23 1-21 of the "Medical Practice Act of 1987", and
such information as may have been submitted to the Department
indicating that the application or medical staff member has
been denied, or has surrendered, medical staff privileges at
a hospital licensed under this Act, or any equivalent
facility in another state or territory of the United States.
The Director of Professional Regulation shall define by rule
the period for timely response to such requests.
No transmittal of information by the Director of
Professional Regulation, under this Section shall be to other
than the president, chief operating officer, chief
administrative officer, or chief of the medical staff of a
hospital licensed under this Act, a hospital organized under
the University of Illinois Hospital Act, or a hospital
operated by the United States, or any of its
instrumentalities. The information so transmitted shall be
afforded the same status as is information concerning medical
studies by Part 21 of Article VIII of the Code of Civil
Procedure, as now or hereafter amended.
(b) All hospitals licensed under this Act, except county
hospitals as defined in subsection (c) of Section 15-1 of the
Illinois Public Aid Code, shall comply with, and the medical
staff bylaws of these hospitals shall include rules
consistent with, the provisions of this Section in granting,
limiting, renewing, or denying medical staff membership and
clinic staff privileges.
(1) Minimum procedures for initial applicants for
medical staff membership shall include the following:
(A) Written procedures relating to the
acceptance and processing of initial applicants for
medical staff membership.
(B) Written procedures to be followed in
determining an applicant's qualifications for being
granted medical staff membership and privileges.
(C) Written criteria to be followed in
evaluating an applicant's qualifications.
(D) An evaluation of an applicant's current
health status and current license status in
Illinois.
(E) A written response to each applicant that
explains the reason or reasons for any adverse
decision (including all reasons based in whole or in
part on the applicant's medical qualifications or
any other basis, including economic factors).
(2) Minimum procedures with respect to medical
staff and clinical privilege determinations concerning
current members of the medical staff shall include the
following:
(A) A written notice of an adverse decision by
the hospital governing board.
(B) An explanation of the reasons for an
adverse decision including all reasons based on the
quality of medical care or any other basis,
including economic factors.
(C) A statement of the medical staff member's
right to request a fair hearing on the adverse
decision before a hearing panel whose membership is
mutually agreed upon by the medical staff and the
hospital governing board. The hearing panel shall
have independent authority to recommend action to
the hospital governing board. Upon the request of
the medical staff member or the hospital governing
board, the hearing panel shall make findings
concerning the nature of each basis for any adverse
decision recommended to and accepted by the hospital
governing board.
(i) Nothing in this subparagraph (C)
limits a hospital's or medical staff's right to
summarily suspend, without a prior hearing, a
person's medical staff membership or clinical
privileges if the continuation of practice of a
medical staff member constitutes an immediate
danger to the public, including patients,
visitors, and hospital employees and staff. A
fair hearing shall be commenced within 15 days
after the suspension and completed without
delay.
(ii) Nothing in this subparagraph (C)
limits a medical staff's right to permit, in
the medical staff bylaws, summary suspension of
membership or clinical privileges in designated
administrative circumstances as specifically
approved by the medical staff. This bylaw
provision must specifically describe both the
administrative circumstance that can result in
a summary suspension and the length of the
summary suspension. The opportunity for a fair
hearing is required for any administrative
summary suspension. Any requested hearing must
be commenced within 15 days after the summary
suspension and completed without delay. Adverse
decisions other than suspension or other
restrictions on the treatment or admission of
patients may be imposed summarily and without a
hearing under designated administrative
circumstances as specifically provided for in
the medical staff bylaws as approved by the
medical staff.
(iii) If a hospital exercises its option
to enter into an exclusive contract and that
contract results in the total or partial
termination or reduction of medical staff
membership or clinical privileges of a current
medical staff member, the hospital shall
provide the affected medical staff member 60
days prior notice of the effect on his or her
medical staff membership or privileges. An
affected medical staff member desiring a
hearing under subparagraph (C) of this
paragraph (2) must request the hearing within
14 days after the date he or she is so
notified. The requested hearing shall be
commenced and completed (with a report and
recommendation to the affected medical staff
member, hospital governing board, and medical
staff) within 30 days after the date of the
medical staff member's request. If agreed upon
by both the medical staff and the hospital
governing board, the medical staff bylaws may
provide for longer time periods.
(D) A statement of the member's right to
inspect all pertinent information in the hospital's
possession with respect to the decision.
(E) A statement of the member's right to
present witnesses and other evidence at the hearing
on the decision.
(F) A written notice and written explanation
of the decision resulting from the hearing.
(G) Notice given 15 days before implementation
of an adverse medical staff membership or clinical
privileges decision based substantially on economic
factors. This notice shall be given after the
medical staff member exhausts all applicable
procedures under this Section, including item (iii)
of subparagraph (C) of this paragraph (2), and under
the medical staff bylaws in order to allow
sufficient time for the orderly provision of patient
care.
(H) Nothing in this paragraph (2) of this
subsection (b) limits a medical staff member's right
to waive, in writing, the rights provided in
subparagraphs (A) through (G) of this paragraph (2)
of this subsection (b) upon being granted the
written exclusive right to provide particular
services at a hospital, either individually or as a
member of a group. If an exclusive contract is
signed by a representative of a group of physicians,
a waiver contained in the contract shall apply to
all members of the group unless stated otherwise in
the contract.
(3) Every adverse medical staff membership and
clinical privilege decision based substantially on
economic factors shall be reported to the Hospital
Licensing Board before the decision takes effect. These
reports shall not be disclosed in any form that reveals
the identity of any hospital or physician. These reports
shall be utilized to study the effects that hospital
medical staff membership and clinical privilege decisions
based upon economic factors have on access to care and
the availability of physician services. The Hospital
Licensing Board shall submit an initial study to the
Governor and the General Assembly by January 1, 1996, and
subsequent reports shall be submitted periodically
thereafter.
(4) As used in this Section:
"Adverse decision" means a decision reducing,
restricting, suspending, revoking, denying, or not
renewing medical staff membership or clinical privileges.
"Economic factor" means any information or reasons
for decisions unrelated to quality of care or
professional competency.
(Source: P.A. 88-654, eff. 1-1-95; revised 2-11-97.)
Section 3-85. The Illinois Insurance Code is amended by
changing Section 370b as follows:
(215 ILCS 5/370b) (from Ch. 73, par. 982b)
Sec. 370b. Reimbursement on equal basis. Notwithstanding
any provision of any individual or group policy of accident
and health insurance, or any provision of a policy, contract,
plan or agreement for hospital or medical service or
indemnity, wherever such policy, contract, plan or agreement
provides for reimbursement for any service provided by
persons licensed under the Illinois Medical Practice Act of
1987, or the Podiatric Medical Practice Act of 1987, the
person entitled to benefits or person performing services
under such policy, contract, plan or agreement is entitled to
reimbursement on an equal basis for such service, when the
said service is performed by a person licensed under the
Illinois Medical Practice Act of 1987 or the Podiatric
Medical Practice Act of 1987. The provisions of this Section
do not apply to any policy, contract, plan or agreement in
effect prior to September 19, 1969 or to preferred provider
arrangements or benefit agreements.
(Source: P.A. 88-670, eff. 12-2-94; revised 2-11-97.)
Section 3-90. The Health Maintenance Organization Act is
amended by changing Section 4-6.4 as follows:
(215 ILCS 125/4-6.4)
Sec. 4-6.4. Post-parturition care. A health maintenance
organization is subject to the provisions of Section 356s
356r of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
Section 3-95. The Voluntary Health Services Plans Act is
amended by changing Section 15.20 as follows:
(215 ILCS 165/15.20)
Sec. 15.20. Post-parturition care. A health service
plan corporation is subject to the provisions of Section 356s
356r of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
Section 3-100. The Environmental Health Practitioner
Licensing Act is amended by changing Section 26 as follows:
(225 ILCS 37/26)
Sec. 26. Examination for registration as an
environmental health practitioner.
(a) Beginning June 30, On or after the effective date of
this amendatory Act of 1995, only persons who meet the
educational and experience requirements of Section 20 and who
pass the examination authorized by the Department shall be
licensed. Persons who meet the requirements of subsection
(b) of Section 21 or Section 30 shall not be required to take
and pass the examination.
(b) Applicants for examination as environmental health
practitioners shall be required to pay, either to the
Department or the designated testing service, a fee covering
the cost of providing the examination.
(Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97;
revised 2-7-97.)
Section 3-105. The Podiatric Medical Practice Act of
1987 is amended by changing Sections 3, 24, and 26 as
follows:
(225 ILCS 100/3) (from Ch. 111, par. 4803)
Sec. 3. Exceptions. This Act does not prohibit:
(A) A. any person licensed to practice medicine and
surgery in all of its branches in this State under the
Medical Practice Act of 1987 from engaging in the
practice for which he is licensed;
(B) B. the practice of podiatric medicine by a
person who is employed by the United States government or
any bureau, division or agency thereof while in the
discharge of the employee's official duties;
(C) C. the practice of podiatric medicine which is
included in their program of study by students enrolled
in any approved college of podiatric medicine or in
refresher courses approved by the Department;
(D) D. the practice of podiatric medicine by one
who has applied in writing to the Department, in form and
substance satisfactory to the Department, for a license
as a podiatric physician and has complied with all the
provisions under Section 9 of this Act, except the
passing of an examination to be eligible to receive such
license, until the decision of the Department that the
applicant has failed to pass the next available
examination authorized by the Department or has failed to
take the next available examination authorized by the
Department, or the withdrawal of the application;
(E) E. the practice of podiatric medicine by one
who is a podiatric physician under the laws of another
state, territory of the United States or country as
described in Section 18 of this Act, and has applied in
writing to the Department, in form and substance
satisfactory to the Department, for a license as a
podiatric physician and who is qualified to receive such
license under Section 13 or Section 9, until:
(1) the expiration of 6 months after the
filing of such written application, or
(2) the withdrawal of such application, or
(3) the denial of such application by the
Department;
(F) F. the provision of emergency care without fee
by a podiatric physician assisting in an emergency as
provided in Section 4.
An applicant for a license to practice podiatric
medicine, practicing under the exceptions set forth in
paragraphs (D) and (E) D or E, may use the title podiatric
physician, podiatrist, doctor of podiatric medicine, or
chiropodist as set forth in Section 5 of this Act.
(Source: P.A. 85-918; revised 2-11-97.)
(225 ILCS 100/24) (from Ch. 111, par. 4824)
Sec. 24. Refusal to issue or suspension or revocation of
license - Grounds. The Department may refuse to issue, may
refuse to renew, may refuse to restore, may suspend, or may
revoke any license, or may place on probation, censure,
reprimand or take other disciplinary action as the Department
may deem proper, including fines not to exceed $2,500 or
impose a fine for each violation upon anyone licensed under
this Act for any of the following reasons:
1. Material misstatement in furnishing information to
the Department;
2. Violations of this Act, or of the rules or
regulations promulgated hereunder;
3. Conviction of any crime under the laws of any United
States jurisdiction which is a felony or which is a
misdemeanor, an essential element of which is dishonesty, or
of any crime which is directly related to the practice of the
profession;
4. Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act or
the rules promulgated thereunder pertaining to advertising;
5. Professional incompetence;
6. Gross or repeated malpractice;
7. Aiding or assisting another person in violating any
provision of this Act or rules;
8. Failing, within 60 days, to provide information in
response to a written request made by the Department;
9. Engaging in dishonorable, unethical or unprofessional
conduct of a character likely to deceive, defraud or harm the
public;
10. Habitual or excessive use of alcohol, narcotics,
stimulants or other chemical agent or drug which results in
the inability to practice podiatric medicine with reasonable
judgment, skill or safety;
11. Discipline by another United States jurisdiction if
at least one of the grounds for the discipline is the same or
substantially equivalent to those set forth herein;
12. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association any
fee, commission, rebate or other form of compensation for any
professional services not actually or personally rendered.
This shall not be deemed to include rent or other
remunerations paid to an individual, partnership, or
corporation, by a licensee, for the lease, rental or use of
space, owned or controlled, by the individual, partnership or
corporation;
13. A finding by the Podiatric Medical Licensing Board
that the licensee, after having his license placed on
probationary status, has violated the terms of probation;
14. Abandonment of a patient;
15. Willfully making or filing false records or reports
in his practice, including but not limited to false records
filed with state agencies or departments;
16. Willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
Neglected Child Report Act;
17. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill or safety;
18. Solicitation of professional services other than
permitted advertising;
19. The determination by a circuit court that a licensed
podiatric physician is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension; such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so
finding and discharging the patient; and upon the
recommendation of the Podiatric Medical Licensing Board to
the Director that the licensee be allowed to resume his
practice;
20. Holding oneself out to treat human ailments under
any name other than his own, or the impersonation of any
other physician;
21. Revocation or suspension of a podiatric medical
license in another jurisdiction;
22. Promotion of the sale of drugs, devices, appliances
or goods provided for a patient in such manner as to exploit
the patient for financial gain of the podiatric physician;
23. Gross, willful, and continued overcharging for
professional services including filing false statements for
collection of fees for which services, including, but not
limited to, filing false statement for collection of monies
for services not rendered from the medical assistance program
of the Department of Public Aid under the Public Aid Code or
other private or public third party payor;
24. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act, and upon proof by
clear and convincing evidence that the licensee has caused a
child to be an abused child or neglected child as defined in
the Abused and Neglected Child Reporting Act;
25. Willfully making or filing false records or reports
in the practice of podiatric medicine, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Public Aid
under the Public Aid Code;
26. Mental illness or disability which results in the
inability to practice with reasonable judgment, skill or
safety;
27. Immoral conduct in the commission or any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice;
28. Violation of the Health Care Worker Self-Referral
Act.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
The Director of the Department may, upon receipt of a
written communication from the Secretary of Human Services,
the Director of Public Aid, or the Director of Public Health
that continuation of practice of a person licensed under this
Act constitutes an immediate danger to the public,
immediately suspend the license of such person without a
hearing. In instances in which the Director immediately
suspends a license under this Section, a hearing upon such
person's license must be convened by the Board within 15 days
after such suspension and completed without appreciable
delay, such hearing held to determine whether to recommend to
the Director that the person's license be revoked, suspended,
placed on probationary status or reinstated, or such person
be subject to other disciplinary action. In such hearing,
the written communication and any other evidence submitted
therewith may be introduced as evidence against such person;
provided, however, the person or his counsel shall have the
opportunity to discredit or impeach such evidence and submit
evidence rebutting the same.
(Source: P.A. 86-596; 87-1207; 89-507, eff. 7-1-97; revised
1-3-97.)
(225 ILCS 100/26) (from Ch. 111, par. 4826)
Sec. 26. Reports relating to professional conduct and
capacity. A. Entities required to report. The Podiatric
Medical Licensing Board shall by rule provide for the
reporting to it of all instances in which a podiatric
physician licensed under this Act who is impaired by reason
of age, drug or alcohol abuse or physical or mental
impairment, is under supervision and, where appropriate, is
in a program of rehabilitation. Reports shall be strictly
confidential and may be reviewed and considered only by the
members of the Board, or by authorized staff of the
Department as provided by the rules of the Board. Provisions
shall be made for the periodic report of the status of any
such podiatric physician not less than twice annually in
order that the Board shall have current information upon
which to determine the status of any such podiatric
physician. Such initial and periodic reports of impaired
physicians shall not be considered records within the meaning
of The State Records Act and shall be disposed of, following
a determination by the Board that such reports are no longer
required, in a manner and at such time as the Board shall
determine by rule. The filing of such reports shall be
construed as the filing of a report for the purposes of
subsection C of this Section. Failure to file a report under
this Section shall be a Class A misdemeanor.
1. Health Care Institutions. Any administrator or
officer of any hospital, nursing home or other health care
agency or facility who has knowledge of any action or
condition which reasonably indicates to him that a licensed
podiatric physician practicing in such hospital, nursing home
or other health care agency or facility is habitually
intoxicated or addicted to the use of habit forming drugs, or
is otherwise impaired, to the extent that such intoxication,
addition or impairment adversely affects such podiatric
physician's professional performance, or has knowledge that
reasonably indicates to him that any podiatric physician
unlawfully possesses, uses, distributes or converts
habit-forming drugs belonging to the hospital, nursing home
or other health care agency or facility for such podiatric
physician's own use or benefit, shall promptly file a written
report thereof to the Department. The report shall include
the name of the podiatric physician, the name of the patient
or patients involved, if any, a brief summary of the action,
condition or occurrence which has necessitated the report,
and any other information as the Department may deem
necessary. The Department shall provide forms on which such
reports shall be filed.
2. Professional Associations. The president or chief
executive officer of any association or society of podiatric
physicians licensed under this Act, operating within this
State shall report to the Board when the association or
society renders a final determination that a podiatric
physician has committed unprofessional conduct related
directly to patient care or that a podiatric physician may be
mentally or physically disabled in such a manner as to
endanger patients under that physician's care.
3. Professional Liability Insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability of
a podiatric physician licensed under this Act, shall report
to the Board the settlement of any claim or cause of action,
or final judgment rendered in any cause of action, which
alleged negligence in the furnishing of medical care by such
licensed person when such settlement or final judgement is in
favor of the plaintiff.
4. State's Attorneys. The State's Attorney of each
county shall report to the Board all instances in which a
person licensed under this Act is convicted or otherwise
found guilty of the commission of any felony.
5. State Agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government of
the State of Illinois shall report to the Board any instance
arising in connection with the operations of such agency,
including the administration of any law by such agency, in
which a podiatric physician licensed under this Act has
either committed an act or acts which may be a violation of
this Act or which may constitute unprofessional conduct
related directly to patient care or which indicates that a
podiatric physician licensed under this Act may be mentally
or physically disabled in such a manner as to endanger
patients under that physician's care.
B. Mandatory Reporting. All reports required by this
Act shall be submitted to the Board in a timely fashion. The
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address and telephone number of the person
making the report.
(2) The name, address and telephone number of the
podiatric physician who is the subject of the report.
(3) The name or other means of identification of any
patient or patients whose treatment is a subject of the
report, provided, however, no medical records may be revealed
without the written consent of the patient or patients.
(4) A brief description of the facts which gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
Nothing contained in this Section shall waive or modify
the confidentiality of medical reports and committee reports
to the extent provided by law. Any information reported or
disclosed shall be kept for the confidential use of the
Board, the Board's attorneys, the investigative staff and
other authorized Department staff, as provided in this Act,
and shall be afforded the same status as is provided
information concerning medical studies in Part 21 of Article
VIII of the Code of Civil Procedure.
C. Immunity from Prosecution. Any individual or
organization acting in good faith, and not in a willful and
wanton manner, in complying with this Act by providing any
report or other information to the Board, or assisting in the
investigation or preparation of such information, or by
participating in proceedings of the Board, or by serving as a
member of the Board, shall not, as a result of such actions,
be subject to criminal prosecution or civil damages.
D. Indemnification. Members of the Board, the Board's
attorneys, the investigative staff, other podiatric
physicians retained under contract to assist and advise in
the investigation, and other authorized Department staff
shall be indemnified by the State for any actions occurring
within the scope of services on the Board, done in good faith
and not willful and wanton in nature. The Attorney General
shall defend all such actions unless he determines either
that he would have a conflict of interest in such
representation or that the actions complained of were not in
good faith or were willful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or
were wilful and wanton. The member must notify the Attorney
General within 7 days of receipt of notice of the initiation
of any action involving services of the Board. Failure to so
notify the Attorney General shall constitute an absolute
waiver of the right to a defense and indemnification. The
Attorney General shall determine within 7 days after
receiving such notice, whether he will undertake to represent
the member.
E. Deliberations of the Board. Upon the receipt of any
report called for by this Act, other than those reports of
impaired persons licensed under this Act required pursuant to
the rules of the Board, the Board shall notify in writing, by
certified mail, the podiatric physician who is the subject of
the report. Such notification shall be made within 30 days
of receipt by the Board of the report.
The notification shall include a written notice setting
forth the podiatric physician's physicians's right to examine
the report. Included in such notification shall be the
address at which the file is maintained, the name of the
custodian of the reports, and the telephone number at which
the custodian may be reached. The podiatric physician who is
the subject of the report shall be permitted to submit a
written statement responding, clarifying, adding to, or
proposing the amending of the report previously filed. The
statement shall become a permanent part of the file and must
be received by the Board no more than 30 days after the date
on which the podiatric physician was notified of the
existence of the original report.
The Board shall review all reports received by it,
together with any supporting information and responding
statements submitted by persons who are the subject of
reports. The review by the Board shall be in a timely manner
but in no event, shall the Board's initial review of the
material contained in each disciplinary file be less than 61
days nor more than 180 days after the receipt of the initial
report by the Board.
When the Board makes its initial review of the materials
contained within its disciplinary files the Board shall, in
writing, make a determination as to whether there are
sufficient facts to warrant further investigation or action.
Failure to make such determination within the time provided
shall be deemed to be a determination that there are not
sufficient facts to warrant further investigation or action.
Should the Board find that there are not sufficient facts
to warrant further investigation, or action, the report shall
be accepted for filing and the matter shall be deemed closed
and so reported.
The individual or entity filing the original report or
complaint and the podiatric physician who is the subject of
the report or complaint shall be notified in writing by the
Board of any final action on their report or complaint.
F. Summary Reports. The Board shall prepare on a timely
basis, but in no event less than once every other month, a
summary report of final actions taken upon disciplinary files
maintained by the Board. The summary reports shall be sent
by the Board to such institutions, associations and
individuals as the Director may determine.
G. Violation of this Section. Any violation of this
Section shall be a Class A misdemeanor.
H. Court ordered enforcement. If any such podiatric
physician violates the provisions of this Section, an action
may be brought in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, for an order enjoining such violation or for an
order enforcing compliance with this Section. Upon filing of
a verified petition in such court, the court may issue a
temporary restraining order without notice or bond and may
preliminarily or permanently enjoin such violation, and if it
is established that such podiatric physician has violated or
is violating the injunction, the Court may punish the
offender for contempt of court. Proceedings under this
paragraph shall be in addition to, and not in lieu of, all
other remedies and penalties provided for by this Section.
The Department may investigate the actions of any
applicant or of any person or persons holding or claiming to
hold a license. The Department shall, before suspending,
revoking, placing on probationary status or taking any other
disciplinary action as the Department may deem proper with
regard to any licensee, at least 30 days prior to the date
set for the hearing, notify the accused in writing of any
charges made and the time and place for a hearing of the
charges before the Board, direct him to file his written
answer thereto to the Board under oath within 20 days after
the service on him of such notice and inform him that if he
fails to file such answer default will be taken against him
and his license may be revoked, placed on probationary status
or have other disciplinary action, including limiting the
scope, nature or extent of his practice as the Department may
deem proper.
In case the accused person, after receiving notice fails
to file an answer, his license may, in the discretion of the
Director having received the recommendation of the Board, be
suspended, revoked, placed on probationary status or the
Director may take whatever disciplinary action as he may deem
proper including limiting the scope, nature or extent of the
accused person's practice without a hearing if the act or
acts charged constitute sufficient grounds for such action
under this Act.
(Source: P.A. 85-918; revised 2-7-97.)
Section 3-110. The Illinois Public Aid Code is amended
by changing Sections 4-1.1 and 5-16.7 as follows:
(305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
Sec. 4-1.1. Child age eligibility. The child or children
must have already been born, except as otherwise provided in
this Section, and be under age 18. If federal law permits or
requires the inclusion of any children age 18 or over in the
Aid to Families with Dependent Children Program under the
Social Security Act, the Illinois Department may provide for
the inclusion of such children by rule. Notwithstanding any
other provision of anything in this Section, if federal law
prohibits federal reimbursement for any children under age
18, such children shall not be eligible for aid under this
Article.
Grants shall be provided for assistance units consisting
exclusively of a pregnant woman with no dependent child, if
the pregnancy has been determined by medical diagnosis, to
the extent that federal law permits and federal matching
funds are available.
(Source: P.A. 84-773; revised 2-22-96.)
(305 ILCS 5/5-16.7)
Sec. 5-16.7. Post-parturition care. The medical
assistance program shall provide the post-parturition care
benefits required to be covered by a policy of accident and
health insurance under Section 356s 356r of the Illinois
Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
Section 3-120. The Abused and Neglected Child Reporting
Act is amended by changing Section 8.2 as follows:
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. If the Child Protective Service Unit
determines, following an investigation made pursuant to
Section 7.4 of this Act, that there is credible evidence that
the child is abused or neglected, the Department shall assess
the family's need for services, and, as necessary, develop,
with the family, an appropriate service plan for the family's
voluntary acceptance or refusal. In any case where there is
evidence that the perpetrator of the abuse or neglect is an
addict or alcoholic as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, the Department, when making
referrals for drug or alcohol abuse services, shall make such
referrals to facilities licensed by the Department of Human
Services or the Department of Public Health. The Department
shall comply with Section 8.1 by explaining its lack of legal
authority to compel the acceptance of services and may
explain its concomitant noncommitant authority to petition
the Circuit court under the Juvenile Court Act of 1987 or
refer the case to the local law enforcement authority or
State's attorney for criminal prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to prevent the placement of
children in substitute care, to reunite them with their
families if so placed and if reunification is an appropriate
goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers,
caretakers, housekeepers and chore services. The term
"counseling" includes individual therapy, infant stimulation
therapy, family therapy, group therapy, self-help groups,
drug and alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "day care" includes
protective day care and day care to meet educational,
prevocational or vocational needs. The term "emergency
assistance and advocacy" includes coordinated services to
secure emergency cash, food, housing and medical assistance
or advocacy for other subsistence and family protective
needs.
Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services are in the child's best interests and when the child
will not be in imminent risk of harm. Beginning July 1,
2000, appropriate family preservation services shall be
uniformly available throughout the State. The Department
shall promptly notify children and families of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan.
Such plans may include but are not limited to: case
management services; homemakers; counseling; parent
education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care;
transportation to obtain any of the above services; and
medical assistance. Nothing in this paragraph shall be
construed to create a private right of action or claim on the
part of any individual or child welfare agency.
The Department shall provide a preliminary report to the
General Assembly no later than January 1, 1991, in regard to
the provision of services authorized pursuant to this
Section. The report shall include:
(a) the number of families and children served, by
type of services;
(b) the outcome from the provision of such
services, including the number of families which remained
intact at least 6 months following the termination of
services;
(c) the number of families which have been subjects
of founded reports of abuse following the termination of
services;
(d) an analysis of general family circumstances in
which family preservation services have been determined
to be an effective intervention;
(e) information regarding the number of families in
need of services but unserved due to budget or program
criteria guidelines;
(f) an estimate of the time necessary for and the
annual cost of statewide implementation of such services;
(g) an estimate of the length of time before
expansion of these services will be made to include
families with children over the age of 6; and
(h) recommendations regarding any proposed
legislative changes to this program.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services,
the Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to
engage in any activity or refrain from any activity which is
not reasonably related to remedying a condition or conditions
that gave rise or which could give rise to any finding of
child abuse or neglect.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
89-507, eff. 7-1-97; revised 2-7-97.)
Section 3-125. The Illinois Sexually Transmissible
Disease Control Act is amended by changing Sections 4 and 6
as follows:
(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
Sec. 4. Reporting required.
(a) A physician licensed under the provisions of the
Medical Practice Act of 1987 who makes a diagnosis of or
treats a person with a sexually transmissible disease and
each laboratory that performs a test for a sexually
transmissible disease which concludes with a positive result
shall report such facts as may be required by the Department
by rule, within such time period as the Department may
require by rule, but in no case to exceed 2 weeks.
(b) The Department shall adopt rules specifying the
information required in reporting a sexually transmissible
disease, the method of reporting and specifying a minimum
time period for reporting. In adopting such rules, the
Department shall consider the need for information,
protections for the privacy and confidentiality of the
patient, and the practical abilities of persons and
laboratories to report in a reasonable fashion.
(c) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmissible disease under this Section is
guilty of a Class A misdemeanor.
(d) Any person who violates the provisions of this
Section or the rules adopted hereunder may be fined by the
Department up to $500 for each violation. The Department
shall report each violation of this Section to the regulatory
agency responsible for licensing a health care professional
or a laboratory to which these provisions apply.
(Source: P.A. 85-681; revised 2-11-97.)
(410 ILCS 325/6) (from Ch. 111 1/2, par. 7406)
Sec. 6. Physical examination and treatment.
(a) Subject to the provisions of subsection (c) of this
Section, the Department and its authorized representatives
may examine or cause to be examined persons reasonably
believed to be infected with or to have been exposed to a
sexually transmissible disease.
(b) Subject to the provisions of subsection (c) of this
Section, persons with a sexually transmissible disease shall
report for complete treatment to a physician licensed under
the provisions of the Medical Practice Act of 1987, or shall
submit to treatment at a facility provided by a local health
authority or other public facility, as the Department shall
require by rule or regulation until the disease is
noncommunicable or the Department determines that the person
does not present a real and present danger to the public
health. This subsection (b) shall not be construed to
require the Department or local health authorities to pay for
or provide such treatment.
(c) No person shall be apprehended, examined or treated
for a sexually transmissible disease against his will, under
the provisions of this Act, except upon the presentation of a
warrant duly authorized by a court of competent jurisdiction.
In requesting the issuance of such a warrant the Department
shall show by a preponderance of evidence that the person is
infectious and that a real and present danger to the public
health and welfare exists unless such warrant is issued and
shall show that all other reasonable means of obtaining
compliance have been exhausted and that no other less
restrictive alternative is available. The court shall
require any proceedings authorized by this subsection (c) to
be conducted in camera. A record shall be made of such
proceedings but shall be sealed, impounded and preserved in
the records of the court, to be made available to the
reviewing court in the event of an appeal.
(d) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmissible disease under this Section is
guilty of a Class A misdemeanor.
(Source: P.A. 85-681; revised 2-11-97.)
Section 3-130. The Environmental Protection Act is
amended by changing Sections 14.2, 39.5, and 55.8 as follows:
(415 ILCS 5/14.2) (from Ch. 111 1/2, par. 1014.2)
Sec. 14.2. A minimum setback zone is established for the
location of each new potential source or new potential route
as follows:
(a) Except as provided in subsections (b), (c) and (h)
of this Section, no new potential route or potential primary
source or potential secondary source may be placed within 200
feet of any existing or permitted community water supply well
or other potable water supply well.
(b) The owner of a new potential primary source or a
potential secondary source or a potential route may secure a
waiver from the requirement of subsection (a) of this Section
for a potable water supply well other than a community water
supply well. A written request for a waiver shall be made to
the owner of the water well and the Agency. Such request
shall identify the new or proposed potential source or
potential route, shall generally describe the possible effect
of such potential source or potential route upon the water
well and any applicable technology-based controls which will
be utilized to minimize the potential for contamination, and
shall state whether, and under what conditions, the requestor
will provide an alternative potable water supply. Waiver may
be granted by the owner of the water well no less than 90
days after receipt of the request unless prior to such time
the Agency notifies the well owner that it does not concur
with the request.
The Agency shall not concur with any such request which
fails to accurately describe reasonably foreseeable effects
of the potential source or potential route upon the water
well or any applicable technology-based controls. Such
notification by the Agency shall be in writing, and shall
include a statement of reasons for the nonconcurrence. Waiver
of the minimum setback zone established under subsection (a)
of this Section shall extinguish the water well owner's
rights under Section 6b of the Illinois Water Well
Construction Code but shall not preclude enforcement of any
law regarding water pollution. If the owner of the water
well has not granted a waiver within 120 days after receipt
of the request or the Agency has notified the owner that it
does not concur with the request, the owner of a potential
source or potential route may file a petition for an
exception with the Board and the Agency pursuant to
subsection (c) of this Section.
No waiver under this Section is required where the
potable water supply well is part of a private water system
as defined in the Illinois Groundwater Protection Act, and
the owner of such well will also be the owner of a new
potential secondary source or a potential route. In such
instances, a prohibition of 75 feet shall apply and the owner
shall notify the Agency of the intended action so that the
Agency may provide information regarding the potential
hazards associated with location of a potential secondary
source or potential route in close proximity to a potable
water supply well.
(c) The Board may grant an exception from the setback
requirements of this Section and subsection (e) of Section
14.3 to the owner of a new potential route, a new potential
primary source other than landfilling or land treating, or a
new potential secondary source. The owner seeking an
exception with respect to a community water supply well shall
file a petition with the Board and the Agency. The owner
seeking an exception with respect to a potable water supply
well other than a community water supply well shall file a
petition with the Board and the Agency, and set forth therein
the circumstances under which a waiver has been sought but
not obtained pursuant to subsection (b) of this Section. A
petition shall be accompanied by proof that the owner of each
potable water supply well for which setback requirements
would be affected by the requested exception has been
notified and been provided with a copy of the petition. A
petition shall set forth such facts as may be required to
support an exception, including a general description of the
potential impacts of such potential source or potential route
upon groundwaters and the affected water well, and an
explanation of the applicable technology-based controls which
will be utilized to minimize the potential for contamination
of the potable water supply well.
The Board shall grant an exception, whenever it is found
upon presentation of adequate proof, that compliance with the
setback requirements of this Section would pose an arbitrary
and unreasonable hardship upon the petitioner, that the
petitioner will utilize the best available technology
controls economically achievable to minimize the likelihood
of contamination of the potable water supply well, that the
maximum feasible alternative setback will be utilized, and
that the location of such potential source or potential route
will not constitute a significant hazard to the potable water
supply well.
Not later than January 1, 1988, the Board shall adopt
procedural rules governing requests for exceptions under this
subsection. The rulemaking provisions of Title VII of this
Act and of Section 5-35 of the Illinois Administrative
Procedure Act shall not apply to such rules. A decision made
by the Board pursuant to this subsection shall constitute a
final determination.
The granting of an exception by the Board shall not
extinguish the water well owner's rights under Section 6b of
the Illinois Water Well Construction Code in instances where
the owner has elected not to provide a waiver pursuant to
subsection (b) of this Section.
(d) Except as provided in subsections (c) and (h) of
this Section and Section 14.5, no new potential route or
potential primary source or potential secondary source may be
placed within 400 feet of any existing or permitted community
water supply well deriving water from an unconfined shallow
fractured or highly permeable bedrock formation or from an
unconsolidated and unconfined sand and gravel formation. The
Agency shall notify, not later than January 1, 1988, the
owner and operator of each existing well which is afforded
this setback protection and shall maintain a directory of all
community water supply wells to which the 400 foot minimum
setback zone applies.
(e) The minimum setback zones established under
subsections (a) and (b) of this Section shall not apply to
new common sources of sanitary pollution as specified
pursuant to Section 17 and the regulations adopted thereunder
by the Agency; however, no such common sources may be located
within the applicable minimum distance from a community water
supply well specified by such regulations.
(f) Nothing in this Section shall be construed as
limiting the power of any county or municipality to adopt
ordinances which are consistent with but not more stringent
than the prohibitions herein.
(g) Nothing in this Section shall preclude any
arrangement under which the owner or operator of a new source
or route does the following:
(1) purchases an existing water supply well and
attendant property with the intent of eventually
abandoning or totally removing the well;
(2) replaces an existing water supply well with a
new water supply of substantially equivalent quality and
quantity as a precondition to locating or constructing
such source or route;
(3) implements any other arrangement which is
mutually agreeable with the owner of a water supply well;
or
(4) modifies the on-site storage capacity at an
agrichemical facility such that the volume of pesticide
storage does not exceed 125% of the available capacity in
existence on April 1, 1990, or the volume of fertilizer
storage does not exceed 150% of the available capacity in
existence on April 1, 1990; provided that a written
endorsement for an agrichemical facility permit is in
effect under Section 39.4 of this Act and the maximum
feasible setback is maintained. This on-site storage
capacity includes mini-bulk pesticides, package
agrichemical storage areas, liquid or dry fertilizers,
and liquid or dry pesticides.
(h) A new potential route, which is an excavation for
stone, sand or gravel and which becomes active on lands which
were acquired or were being held as mineral reserves prior to
September 24, 1987 the effective date of this amendatory Act
of 1988 of 1987, shall only be subject to the setback
requirements of subsections (a) and (d) of this Section with
respect to any community water supply well, non-community
water system well, or semi-private water system well in
existence prior to January 1, 1988.
(Source: P.A. 85-863, eff. 9-24-87; 87-1108; 88-45; revised
2-7-97.)
(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions.
For purposes of this Section:
"Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
"Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the
Clean Air Act.
"Affected States" for purposes of formal distribution of
a draft CAAPP permit to other States for comments prior to
issuance, means all States:
(1) Whose air quality may be affected by the source
covered by the draft permit and that are contiguous to
Illinois; or
(2) That are within 50 miles of the source.
"Affected unit for acid deposition" shall have the
meaning given to the term "affected unit" in the regulations
promulgated under Title IV of the Clean Air Act.
"Applicable Clean Air Act requirement" means all of the
following as they apply to emissions units in a source
(including regulations that have been promulgated or approved
by USEPA pursuant to the Clean Air Act which directly impose
requirements upon a source and other such federal
requirements which have been adopted by the Board. These may
include requirements and regulations which have future
effective compliance dates. Requirements and regulations
will be exempt if USEPA determines that such requirements
need not be contained in a Title V permit):
(1) Any standard or other requirement provided for
in the applicable state implementation plan approved or
promulgated by USEPA under Title I of the Clean Air Act
that implement the relevant requirements of the Clean Air
Act, including any revisions to the state Implementation
Plan promulgated in 40 CFR Part 52, Subparts A and O and
other subparts applicable to Illinois. For purposes of
this subsection (1) of this definition, "any standard or
other requirement" shall mean only such standards or
requirements directly enforceable against an individual
source under the Clean Air Act.
(2)(i) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or
promulgated by USEPA under Title I of the Clean Air
Act, including Part C or D of the Clean Air Act.
(ii) Any term or condition as required
pursuant to Section 39.5 of any federally
enforceable State operating permit issued pursuant
to regulations approved or promulgated by USEPA
under Title I of the Clean Air Act, including Part C
or D of the Clean Air Act.
(3) Any standard or other requirement under Section
111 of the Clean Air Act, including Section 111(d).
(4) Any standard or other requirement under Section
112 of the Clean Air Act, including any requirement
concerning accident prevention under Section 112(r)(7) of
the Clean Air Act.
(5) Any standard or other requirement of the acid
rain program under Title IV of the Clean Air Act or the
regulations promulgated thereunder.
(6) Any requirements established pursuant to
Section 504(b) or Section 114(a)(3) of the Clean Air Act.
(7) Any standard or other requirement governing
solid waste incineration, under Section 129 of the Clean
Air Act.
(8) Any standard or other requirement for consumer
and commercial products, under Section 183(e) of the
Clean Air Act.
(9) Any standard or other requirement for tank
vessels, under Section 183(f) of the Clean Air Act.
(10) Any standard or other requirement of the
program to control air pollution from Outer Continental
Shelf sources, under Section 328 of the Clean Air Act.
(11) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone
under Title VI of the Clean Air Act, unless USEPA has
determined that such requirements need not be contained
in a Title V permit.
(12) Any national ambient air quality standard or
increment or visibility requirement under Part C of Title
I of the Clean Air Act, but only as it would apply to
temporary sources permitted pursuant to Section 504(e) of
the Clean Air Act.
"Applicable requirement" means all applicable Clean Air
Act requirements and any other standard, limitation, or other
requirement contained in this Act or regulations promulgated
under this Act as applicable to sources of air contaminants
(including requirements that have future effective compliance
dates).
"CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
"CAAPP application" means an application for a CAAPP
permit.
"CAAPP Permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended,
modified or revised pursuant to Title V of the Clean Air Act.
"CAAPP source" means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant to
subsection 2 of this Section.
"Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
"Designated representative" shall have the meaning given
to it in Section 402(26) of the Clean Air Act and the
regulations promulgated thereunder which states that the term
'designated representative' shall mean a responsible person
or official authorized by the owner or operator of a unit to
represent the owner or operator in all matters pertaining to
the holding, transfer, or disposition of allowances allocated
to a unit, and the submission of and compliance with permits,
permit applications, and compliance plans for the unit.
"Draft CAAPP permit" means the version of a CAAPP permit
for which public notice and an opportunity for public comment
and hearing is offered by the Agency.
"Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
"Emission unit" means any part or activity of a
stationary source that emits or has the potential to emit any
air pollutant. This term is not meant to alter or affect the
definition of the term "unit" for purposes of Title IV of the
Clean Air Act.
"Federally enforceable" means enforceable by USEPA.
"Final permit action" means the Agency's granting with
conditions, refusal to grant, renewal of, or revision of a
CAAPP permit, the Agency's determination of incompleteness of
a submitted CAAPP application, or the Agency's failure to act
on an application for a permit, permit renewal, or permit
revision within the time specified in paragraph 5(j),
subsection 13, or subsection 14 of this Section.
"General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this
Section.
"Major source" means a source for which emissions of one
or more air pollutants meet the criteria for major status
pursuant to paragraph 2(c) of this Section.
"Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed
achievable under Section 112 of the Clean Air Act.
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"Permit modification" means a revision to a CAAPP permit
that cannot be accomplished under the provisions for
administrative permit amendments under subsection 13 of this
Section.
"Permit revision" means a permit modification or
administrative permit amendment.
"Phase II" means the period of the national acid rain
program, established under Title IV of the Clean Air Act,
beginning January 1, 2000, and continuing thereafter.
"Phase II acid rain permit" means the portion of a CAAPP
permit issued, renewed, modified, or revised by the Agency
during Phase II for an affected source for acid deposition.
"Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its
physical and operational design. Any physical or operational
limitation on the capacity of a source to emit an air
pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount
of material combusted, stored, or processed, shall be treated
as part of its design if the limitation is enforceable by
USEPA. This definition does not alter or affect the use of
this term for any other purposes under the Clean Air Act, or
the term "capacity factor" as used in Title IV of the Clean
Air Act or the regulations promulgated thereunder.
"Preconstruction Permit" or "Construction Permit" means a
permit which is to be obtained prior to commencing or
beginning actual construction or modification of a source or
emissions unit.
"Proposed CAAPP permit" means the version of a CAAPP
permit that the Agency proposes to issue and forwards to
USEPA for review in compliance with applicable requirements
of the Act and regulations promulgated thereunder.
"Regulated air pollutant" means the following:
(1) Nitrogen oxides (NOx) or any volatile organic
compound.
(2) Any pollutant for which a national ambient air
quality standard has been promulgated.
(3) Any pollutant that is subject to any standard
promulgated under Section 111 of the Clean Air Act.
(4) Any Class I or II substance subject to a
standard promulgated under or established by Title VI of
the Clean Air Act.
(5) Any pollutant subject to a standard promulgated
under Section 112 or other requirements established under
Section 112 of the Clean Air Act, including Sections
112(g), (j) and (r).
(i) Any pollutant subject to requirements
under Section 112(j) of the Clean Air Act. Any
pollutant listed under Section 112(b) for which the
subject source would be major shall be considered to
be regulated 18 months after the date on which USEPA
was required to promulgate an applicable standard
pursuant to Section 112(e) of the Clean Air Act, if
USEPA fails to promulgate such standard.
(ii) Any pollutant for which the requirements
of Section 112(g)(2) of the Clean Air Act have been
met, but only with respect to the individual source
subject to Section 112(g)(2) requirement.
"Renewal" means the process by which a permit is reissued
at the end of its term.
"Responsible official" means one of the following:
(1) For a corporation: a president, secretary,
treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who
performs similar policy or decision-making functions for
the corporation, or a duly authorized representative of
such person if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter
1980 dollars), or (ii) the delegation of authority to
such representative is approved in advance by the Agency.
(2) For a partnership or sole proprietorship: a
general partner or the proprietor, respectively, or in
the case of a partnership in which all of the partners
are corporations, a duly authorized representative of the
partnership if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter
1980 dollars), or (ii) the delegation of authority to
such representative is approved in advance by the Agency.
(3) For a municipality, State, Federal, or other
public agency: either a principal executive officer or
ranking elected official. For the purposes of this part,
a principal executive officer of a Federal agency
includes the chief executive officer having
responsibility for the overall operations of a principal
geographic unit of the agency (e.g., a Regional
Administrator of USEPA).
(4) For affected sources for acid deposition:
(i) The designated representative shall be the
"responsible official" in so far as actions,
standards, requirements, or prohibitions under Title
IV of the Clean Air Act or the regulations
promulgated thereunder are concerned.
(ii) The designated representative may also be
the "responsible official" for any other purposes
with respect to air pollution control.
"Section 502(b)(10) changes" means changes that
contravene express permit terms. "Section 502(b)(10) changes"
do not include changes that would violate applicable
requirements or contravene federally enforceable permit terms
or conditions that are monitoring (including test methods),
recordkeeping, reporting, or compliance certification
requirements.
"Solid waste incineration unit" means a distinct
operating unit of any facility which combusts any solid waste
material from commercial or industrial establishments or the
general public (including single and multiple residences,
hotels, and motels). The term does not include incinerators
or other units required to have a permit under Section 3005
of the Solid Waste Disposal Act. The term also does not
include (A) materials recovery facilities (including primary
or secondary smelters) which combust waste for the primary
purpose of recovering metals, (B) qualifying small power
production facilities, as defined in Section 3(17)(C) of the
Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying
cogeneration facilities, as defined in Section 3(18)(B) of
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn
homogeneous waste (such as units which burn tires or used
oil, but not including refuse-derived fuel) for the
production of electric energy or in the case of qualifying
cogeneration facilities which burn homogeneous waste for the
production of electric energy and steam or forms of useful
energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood
wastes, yard waste and clean lumber and that such air curtain
incinerators comply with opacity limitations to be
established by the USEPA by rule.
"Source" means any stationary source (or any group of
stationary sources that are located on one or more contiguous
or adjacent properties, and are under common control of the
same person or persons under common control) belonging to a
single major industrial grouping. For the purposes of
defining "source," a stationary source or group of stationary
sources shall be considered part of a single industrial
grouping if all of the pollutant emitting activities at such
source or group of sources on contiguous or adjacent property
belong to the same Major Group (i.e., all have the same
two-digit code) as described in the Standard Industrial
Classification Manual, 1987.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any
regulated air pollutant or any pollutant listed under Section
112(b) of the Clean Air Act.
"USEPA" means the Administrator of the United States
Environmental Protection Agency (USEPA) or a person
designated by the Administrator.
1.1. Exclusion From the CAAPP.
a. An owner or operator of a source which
determines that the source could be excluded from the
CAAPP may seek such exclusion prior to the date that the
CAAPP application for the source is due but in no case
later than 9 months after the effective date of the CAAPP
through the imposition of federally enforceable
conditions limiting the "potential to emit" of the source
to a level below the major source threshold for that
source as described in paragraph 2(c) of this Section,
within a State operating permit issued pursuant to
Section 39(a) of this Act. After such date, an exclusion
from the CAAPP may be sought under paragraph 3(c) of this
Section.
b. An owner or operator of a source seeking
exclusion from the CAAPP pursuant to paragraph (a) of
this subsection must submit a permit application
consistent with the existing State permit program which
specifically requests such exclusion through the
imposition of such federally enforceable conditions.
c. Upon such request, if the Agency determines that
the owner or operator of a source has met the
requirements for exclusion pursuant to paragraph (a) of
this subsection and other applicable requirements for
permit issuance under Section 39(a) of this Act, the
Agency shall issue a State operating permit for such
source under Section 39(a) of this Act, as amended, and
regulations promulgated thereunder with federally
enforceable conditions limiting the "potential to emit"
of the source to a level below the major source threshold
for that source as described in paragraph 2(c) of this
Section.
d. The Agency shall provide an owner or operator of
a source which may be excluded from the CAAPP pursuant to
this subsection with reasonable notice that the owner or
operator may seek such exclusion.
e. The Agency shall provide such sources with the
necessary permit application forms.
2. Applicability.
a. Sources subject to this Section shall include:
i. Any major source as defined in paragraph
(c) of this subsection.
ii. Any source subject to a standard or other
requirements promulgated under Section 111 (New
Source Performance Standards) or Section 112
(Hazardous Air Pollutants) of the Clean Air Act,
except that a source is not required to obtain a
permit solely because it is subject to regulations
or requirements under Section 112(r) of the Clean
Air Act.
iii. Any affected source for acid deposition,
as defined in subsection 1 of this Section.
iv. Any other source subject to this Section
under the Clean Air Act or regulations promulgated
thereunder, or applicable Board regulations.
b. Sources exempted from this Section shall
include:
i. All sources listed in paragraph (a) of this
subsection which are not major sources, affected
sources for acid deposition or solid waste
incineration units required to obtain a permit
pursuant to Section 129(e) of the Clean Air Act,
until the source is required to obtain a CAAPP
permit pursuant to the Clean Air Act or regulations
promulgated thereunder.
ii. Nonmajor sources subject to a standard or
other requirements subsequently promulgated by USEPA
under Section 111 or 112 of the Clean Air Act which
are determined by USEPA to be exempt at the time a
new standard is promulgated.
iii. All sources and source categories that
would be required to obtain a permit solely because
they are subject to Part 60, Subpart AAA - Standards
of Performance for New Residential Wood Heaters (40
CFR Part 60).
iv. All sources and source categories that
would be required to obtain a permit solely because
they are subject to Part 61, Subpart M - National
Emission Standard for Hazardous Air Pollutants for
Asbestos, Section 61.145 (40 CFR Part 61).
v. Any other source categories exempted by
USEPA regulations pursuant to Section 502(a) of the
Clean Air Act.
c. For purposes of this Section the term "major
source" means any source that is:
i. A major source under Section 112 of the
Clean Air Act, which is defined as:
A. For pollutants other than
radionuclides, any stationary source or group
of stationary sources located within a
contiguous area and under common control that
emits or has the potential to emit, in the
aggregate, 10 tons per year (tpy) or more of
any hazardous air pollutant which has been
listed pursuant to Section 112(b) of the Clean
Air Act, 25 tpy or more of any combination of
such hazardous air pollutants, or such lesser
quantity as USEPA may establish by rule.
Notwithstanding the preceding sentence,
emissions from any oil or gas exploration or
production well (with its associated equipment)
and emissions from any pipeline compressor or
pump station shall not be aggregated with
emissions from other similar units, whether or
not such units are in a contiguous area or
under common control, to determine whether such
stations are major sources.
B. For radionuclides, "major source"
shall have the meaning specified by the USEPA
by rule.
ii. A major stationary source of air
pollutants, as defined in Section 302 of the Clean
Air Act, that directly emits or has the potential to
emit, 100 tpy or more of any air pollutant
(including any major source of fugitive emissions of
any such pollutant, as determined by rule by USEPA).
For purposes of this subsection, "fugitive
emissions" means those emissions which could not
reasonably pass through a stack, chimney, vent, or
other functionally-equivalent opening. The fugitive
emissions of a stationary source shall not be
considered in determining whether it is a major
stationary source for the purposes of Section 302(j)
of the Clean Air Act, unless the source belongs to
one of the following categories of stationary
source:
A. Coal cleaning plants (with thermal
dryers).
B. Kraft pulp mills.
C. Portland cement plants.
D. Primary zinc smelters.
E. Iron and steel mills.
F. Primary aluminum ore reduction plants.
G. Primary copper smelters.
H. Municipal incinerators capable of
charging more than 250 tons of refuse per day.
I. Hydrofluoric, sulfuric, or nitric acid
plants.
J. Petroleum refineries.
K. Lime plants.
L. Phosphate rock processing plants.
M. Coke oven batteries.
N. Sulfur recovery plants.
O. Carbon black plants (furnace process).
P. Primary lead smelters.
Q. Fuel conversion plants.
R. Sintering plants.
S. Secondary metal production plants.
T. Chemical process plants.
U. Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input.
V. Petroleum storage and transfer units
with a total storage capacity exceeding 300,000
barrels.
W. Taconite ore processing plants.
X. Glass fiber processing plants.
Y. Charcoal production plants.
Z. Fossil fuel-fired steam electric
plants of more than 250 million British thermal
units per hour heat input.
AA. All other stationary source
categories regulated by a standard promulgated
under Section 111 or 112 of the Clean Air Act,
but only with respect to those air pollutants
that have been regulated for that category.
BB. Any other stationary source category
designated by USEPA by rule.
iii. A major stationary source as defined in
part D of Title I of the Clean Air Act including:
A. For ozone nonattainment areas, sources
with the potential to emit 100 tons or more per
year of volatile organic compounds or oxides of
nitrogen in areas classified as "marginal" or
"moderate", 50 tons or more per year in areas
classified as "serious", 25 tons or more per
year in areas classified as "severe", and 10
tons or more per year in areas classified as
"extreme"; except that the references in this
clause to 100, 50, 25, and 10 tons per year of
nitrogen oxides shall not apply with respect to
any source for which USEPA has made a finding,
under Section 182(f)(1) or (2) of the Clean Air
Act, that requirements otherwise applicable to
such source under Section 182(f) of the Clean
Air Act do not apply. Such sources shall
remain subject to the major source criteria of
paragraph 2(c)(ii) of this subsection.
B. For ozone transport regions
established pursuant to Section 184 of the
Clean Air Act, sources with the potential to
emit 50 tons or more per year of volatile
organic compounds (VOCs).
C. For carbon monoxide nonattainment
areas (1) that are classified as "serious", and
(2) in which stationary sources contribute
significantly to carbon monoxide levels as
determined under rules issued by USEPA, sources
with the potential to emit 50 tons or more per
year of carbon monoxide.
D. For particulate matter (PM-10)
nonattainment areas classified as "serious",
sources with the potential to emit 70 tons or
more per year of PM-10.
3. Agency Authority To Issue CAAPP Permits and Federally
Enforceable State Operating Permits.
a. The Agency shall issue CAAPP permits under this
Section consistent with the Clean Air Act and regulations
promulgated thereunder and this Act and regulations
promulgated thereunder.
b. The Agency shall issue CAAPP permits for fixed
terms of 5 years, except CAAPP permits issued for solid
waste incineration units combusting municipal waste which
shall be issued for fixed terms of 12 years and except
CAAPP permits for affected sources for acid deposition
which shall be issued for initial terms to expire on
December 31, 1999, and for fixed terms of 5 years
thereafter.
c. The Agency shall have the authority to issue a
State operating permit for a source under Section 39(a)
of this Act, as amended, and regulations promulgated
thereunder, which includes federally enforceable
conditions limiting the "potential to emit" of the source
to a level below the major source threshold for that
source as described in paragraph 2(c) of this Section,
thereby excluding the source from the CAAPP, when
requested by the applicant pursuant to paragraph 5(u) of
this Section. The public notice requirements of this
Section applicable to CAAPP permits shall also apply to
the initial issuance of permits under this paragraph.
d. For purposes of this Act, a permit issued by
USEPA under Section 505 of the Clean Air Act, as now and
hereafter amended, shall be deemed to be a permit issued
by the Agency pursuant to Section 39.5 of this Act.
4. Transition.
a. An owner or operator of a CAAPP source shall not
be required to renew an existing State operating permit
for any emission unit at such CAAPP source once a CAAPP
application timely submitted prior to expiration of the
State operating permit has been deemed complete. For
purposes other than permit renewal, the obligation upon
the owner or operator of a CAAPP source to obtain a State
operating permit is not removed upon submittal of the
complete CAAPP permit application. An owner or operator
of a CAAPP source seeking to make a modification to a
source prior to the issuance of its CAAPP permit shall be
required to obtain a construction and/or operating permit
as required for such modification in accordance with the
State permit program under Section 39(a) of this Act, as
amended, and regulations promulgated thereunder. The
application for such construction and/or operating permit
shall be considered an amendment to the CAAPP application
submitted for such source.
b. An owner or operator of a CAAPP source shall
continue to operate in accordance with the terms and
conditions of its applicable State operating permit
notwithstanding the expiration of the State operating
permit until the source's CAAPP permit has been issued.
c. An owner or operator of a CAAPP source shall
submit its initial CAAPP application to the Agency no
later than 12 months after the effective date of the
CAAPP. The Agency may request submittal of initial CAAPP
applications during this 12 month period according to a
schedule set forth within Agency procedures, however, in
no event shall the Agency require such submittal earlier
than 3 months after such effective date of the CAAPP. An
owner or operator may voluntarily submit its initial
CAAPP application prior to the date required within this
paragraph or applicable procedures, if any, subsequent to
the date the Agency submits the CAAPP to USEPA for
approval.
d. The Agency shall act on initial CAAPP
applications in accordance with subsection 5(j) of this
Section.
e. For purposes of this Section, the term "initial
CAAPP application" shall mean the first CAAPP application
submitted for a source existing as of the effective date
of the CAAPP.
f. The Agency shall provide owners or operators of
CAAPP sources with at least three months advance notice
of the date on which their applications are required to
be submitted. In determining which sources shall be
subject to early submittal, the Agency shall include
among its considerations the complexity of the permit
application, and the burden that such early submittal
will have on the source.
g. The CAAPP permit shall upon becoming effective
supersede the State operating permit.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
5. Applications and Completeness.
a. An owner or operator of a CAAPP source shall
submit its complete CAAPP application consistent with the
Act and applicable regulations.
b. An owner or operator of a CAAPP source shall
submit a single complete CAAPP application covering all
emission units at that source.
c. To be deemed complete, a CAAPP application must
provide all information, as requested in Agency
application forms, sufficient to evaluate the subject
source and its application and to determine all
applicable requirements, pursuant to the Clean Air Act,
and regulations thereunder, this Act and regulations
thereunder. Such Agency application forms shall be
finalized and made available prior to the date on which
any CAAPP application is required.
d. An owner or operator of a CAAPP source shall
submit, as part of its complete CAAPP application, a
compliance plan, including a schedule of compliance,
describing how each emission unit will comply with all
applicable requirements. Any such schedule of compliance
shall be supplemental to, and shall not sanction
noncompliance with, the applicable requirements on which
it is based.
e. Each submitted CAAPP application shall be
certified for truth, accuracy, and completeness by a
responsible official in accordance with applicable
regulations.
f. The Agency shall provide notice to a CAAPP
applicant as to whether a submitted CAAPP application is
complete. Unless the Agency notifies the applicant of
incompleteness, within 60 days of receipt of the CAAPP
application, the application shall be deemed complete.
The Agency may request additional information as needed
to make the completeness determination. The Agency may
to the extent practicable provide the applicant with a
reasonable opportunity to correct deficiencies prior to a
final determination of completeness.
g. If after the determination of completeness the
Agency finds that additional information is necessary to
evaluate or take final action on the CAAPP application,
the Agency may request in writing such information from
the source with a reasonable deadline for response.
h. If the owner or operator of a CAAPP source
submits a timely and complete CAAPP application, the
source's failure to have a CAAPP permit shall not be a
violation of this Section until the Agency takes final
action on the submitted CAAPP application, provided,
however, where the applicant fails to submit the
requested information under paragraph 5(g) within the
time frame specified by the Agency, this protection shall
cease to apply.
i. Any applicant who fails to submit any relevant
facts necessary to evaluate the subject source and its
CAAPP application or who has submitted incorrect
information in a CAAPP application shall, upon becoming
aware of such failure or incorrect submittal, submit
supplementary facts or correct information to the Agency.
In addition, an applicant shall provide to the Agency
additional information as necessary to address any
requirements which become applicable to the source
subsequent to the date the applicant submitted its
complete CAAPP application but prior to release of the
draft CAAPP permit.
j. The Agency shall issue or deny the CAAPP permit
within 18 months after the date of receipt of the
complete CAAPP application, with the following
exceptions: (i) permits for affected sources for acid
deposition shall be issued or denied within 6 months
after receipt of a complete application in accordance
with subsection 17 of this Section; (ii) the Agency shall
act on initial CAAPP applications within 24 months after
the date of receipt of the complete CAAPP application;
(iii) the Agency shall act on complete applications
containing early reduction demonstrations under Section
112(i)(5) of the Clean Air Act within 9 months of receipt
of the complete CAAPP application.
Where the Agency does not take final action on the
permit within the required time period, the permit shall
not be deemed issued; rather, the failure to act shall be
treated as a final permit action for purposes of judicial
review pursuant to Sections 40.2 and 41 of this Act.
k. The submittal of a complete CAAPP application
shall not affect the requirement that any source have a
preconstruction permit under Title I of the Clean Air
Act.
l. Unless a timely and complete renewal application
has been submitted consistent with this subsection, a
CAAPP source operating upon the expiration of its CAAPP
permit shall be deemed to be operating without a CAAPP
permit. Such operation is prohibited under this Act.
m. Permits being renewed shall be subject to the
same procedural requirements, including those for public
participation and federal review and objection, that
apply to original permit issuance.
n. For purposes of permit renewal, a timely
application is one that is submitted no less than 9
months prior to the date of permit expiration.
o. The terms and conditions of a CAAPP permit shall
remain in effect until the issuance of a CAAPP renewal
permit provided a timely and complete CAAPP application
has been submitted.
p. The owner or operator of a CAAPP source seeking
a permit shield pursuant to paragraph 7(j) of this
Section shall request such permit shield in the CAAPP
application regarding that source.
q. The Agency shall make available to the public
all documents submitted by the applicant to the Agency,
including each CAAPP application, compliance plan
(including the schedule of compliance), and emissions or
compliance monitoring report, with the exception of
information entitled to confidential treatment pursuant
to Section 7 of this Act.
r. The Agency shall use the standardized forms
required under Title IV of the Clean Air Act and
regulations promulgated thereunder for affected sources
for acid deposition.
s. An owner or operator of a CAAPP source may
include within its CAAPP application a request for
permission to operate during a startup, malfunction, or
breakdown consistent with applicable Board regulations.
t. An owner or operator of a CAAPP source, in order
to utilize the operational flexibility provided under
paragraph 7(l) of this Section, must request such use and
provide the necessary information within its CAAPP
application.
u. An owner or operator of a CAAPP source which
seeks exclusion from the CAAPP through the imposition of
federally enforceable conditions, pursuant to paragraph
3(c) of this Section, must request such exclusion within
a CAAPP application submitted consistent with this
subsection on or after the date that the CAAPP
application for the source is due. Prior to such date,
but in no case later than 9 months after the effective
date of the CAAPP, such owner or operator may request the
imposition of federally enforceable conditions pursuant
to paragraph 1.1(b) of this Section.
v. CAAPP applications shall contain accurate
information on allowable emissions to implement the fee
provisions of subsection 18 of this Section.
w. An owner or operator of a CAAPP source shall
submit within its CAAPP application emissions information
regarding all regulated air pollutants emitted at that
source consistent with applicable Agency procedures.
Emissions information regarding insignificant activities
or emission levels, as determined by the Agency pursuant
to Board regulations, may be submitted as a list within
the CAAPP application. The Agency shall propose
regulations to the Board defining insignificant
activities or emission levels, consistent with federal
regulations, if any, no later than 18 months after the
effective date of this amendatory Act of 1992, consistent
with Section 112(n)(1) of the Clean Air Act. The Board
shall adopt final regulations defining insignificant
activities or emission levels no later than 9 months
after the date of the Agency's proposal.
x. The owner or operator of a new CAAPP source
shall submit its complete CAAPP application consistent
with this subsection within 12 months after commencing
operation of such source. The owner or operator of an
existing source that has been excluded from the
provisions of this Section under subsection 1.1 or
subsection 3(c) of this Section and that becomes subject
to the CAAPP solely due to a change in operation at the
source shall submit its complete CAAPP application
consistent with this subsection at least 180 days before
commencing operation in accordance with the change in
operation.
y. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
6. Prohibitions.
a. It shall be unlawful for any person to violate
any terms or conditions of a permit issued under this
Section, to operate any CAAPP source except in compliance
with a permit issued by the Agency under this Section or
to violate any other applicable requirements. All terms
and conditions of a permit issued under this Section are
enforceable by USEPA and citizens under the Clean Air
Act, except those, if any, that are specifically
designated as not being federally enforceable in the
permit pursuant to paragraph 7(m) of this Section.
b. After the applicable CAAPP permit or renewal
application submittal date, as specified in subsection 5
of this Section, no person shall operate a CAAPP source
without a CAAPP permit unless the complete CAAPP permit
or renewal application for such source has been timely
submitted to the Agency.
c. No owner or operator of a CAAPP source shall
cause or threaten or allow the continued operation of an
emission source during malfunction or breakdown of the
emission source or related air pollution control
equipment if such operation would cause a violation of
the standards or limitations applicable to the source,
unless the CAAPP permit granted to the source provides
for such operation consistent with this Act and
applicable Board regulations.
7. Permit Content.
a. All CAAPP permits shall contain emission
limitations and standards and other enforceable terms and
conditions, including but not limited to operational
requirements, and schedules for achieving compliance at
the earliest reasonable date, which are or will be
required to accomplish the purposes and provisions of
this Act and to assure compliance with all applicable
requirements.
b. The Agency shall include among such conditions
applicable monitoring, reporting, record keeping and
compliance certification requirements, as authorized by
paragraphs d, e, and f of this subsection, that the
Agency deems necessary to assure compliance with the
Clean Air Act, the regulations promulgated thereunder,
this Act, and applicable Board regulations. When
monitoring, reporting, record keeping, and compliance
certification requirements are specified within the Clean
Air Act, regulations promulgated thereunder, this Act, or
applicable regulations, such requirements shall be
included within the CAAPP permit. The Board shall have
authority to promulgate additional regulations where
necessary to accomplish the purposes of the Clean Air
Act, this Act, and regulations promulgated thereunder.
c. The Agency shall assure, within such conditions,
the use of terms, test methods, units, averaging periods,
and other statistical conventions consistent with the
applicable emission limitations, standards, and other
requirements contained in the permit.
d. To meet the requirements of this subsection with
respect to monitoring, the permit shall:
i. Incorporate and identify all applicable
emissions monitoring and analysis procedures or test
methods required under the Clean Air Act,
regulations promulgated thereunder, this Act, and
applicable Board regulations, including any
procedures and methods promulgated by USEPA pursuant
to Section 504(b) or Section 114 (a)(3) of the Clean
Air Act.
ii. Where the applicable requirement does not
require periodic testing or instrumental or
noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring),
require periodic monitoring sufficient to yield
reliable data from the relevant time period that is
representative of the source's compliance with the
permit, as reported pursuant to paragraph (f) of
this subsection. The Agency may determine that
recordkeeping requirements are sufficient to meet
the requirements of this subparagraph.
iii. As necessary, specify requirements
concerning the use, maintenance, and when
appropriate, installation of monitoring equipment or
methods.
e. To meet the requirements of this subsection with
respect to record keeping, the permit shall incorporate
and identify all applicable recordkeeping requirements
and require, where applicable, the following:
i. Records of required monitoring information
that include the following:
A. The date, place and time of sampling
or measurements.
B. The date(s) analyses were performed.
C. The company or entity that performed
the analyses.
D. The analytical techniques or methods
used.
E. The results of such analyses.
F. The operating conditions as existing
at the time of sampling or measurement.
ii. Retention of records of all monitoring
data and support information for a period of at
least 5 years from the date of the monitoring
sample, measurement, report, or application.
Support information includes all calibration and
maintenance records, original strip-chart recordings
for continuous monitoring instrumentation, and
copies of all reports required by the permit.
f. To meet the requirements of this subsection with
respect to reporting, the permit shall incorporate and
identify all applicable reporting requirements and
require the following:
i. Submittal of reports of any required
monitoring every 6 months. More frequent submittals
may be requested by the Agency if such submittals
are necessary to assure compliance with this Act or
regulations promulgated by the Board thereunder.
All instances of deviations from permit requirements
must be clearly identified in such reports. All
required reports must be certified by a responsible
official consistent with subsection 5 of this
Section.
ii. Prompt reporting of deviations from permit
requirements, including those attributable to upset
conditions as defined in the permit, the probable
cause of such deviations, and any corrective actions
or preventive measures taken.
g. Each CAAPP permit issued under subsection 10 of
this Section shall include a condition prohibiting
emissions exceeding any allowances that the source
lawfully holds under Title IV of the Clean Air Act or the
regulations promulgated thereunder, consistent with
subsection 17 of this Section and applicable regulations,
if any.
h. All CAAPP permits shall state that, where
another applicable requirement of the Clean Air Act is
more stringent than any applicable requirement of
regulations promulgated under Title IV of the Clean Air
Act, both provisions shall be incorporated into the
permit and shall be State and federally enforceable.
i. Each CAAPP permit issued under subsection 10 of
this Section shall include a severability clause to
ensure the continued validity of the various permit
requirements in the event of a challenge to any portions
of the permit.
j. The following shall apply with respect to owners
or operators requesting a permit shield:
i. The Agency shall include in a CAAPP permit,
when requested by an applicant pursuant to paragraph
5(p) of this Section, a provision stating that
compliance with the conditions of the permit shall
be deemed compliance with applicable requirements
which are applicable as of the date of release of
the proposed permit, provided that:
A. The applicable requirement is
specifically identified within the permit; or
B. The Agency in acting on the CAAPP
application or revision determines in writing
that other requirements specifically identified
are not applicable to the source, and the
permit includes that determination or a concise
summary thereof.
ii. The permit shall identify the requirements
for which the source is shielded. The shield shall
not extend to applicable requirements which are
promulgated after the date of release of the
proposed permit unless the permit has been modified
to reflect such new requirements.
iii. A CAAPP permit which does not expressly
indicate the existence of a permit shield shall not
provide such a shield.
iv. Nothing in this paragraph or in a CAAPP
permit shall alter or affect the following:
A. The provisions of Section 303
(emergency powers) of the Clean Air Act,
including USEPA's authority under that section.
B. The liability of an owner or operator
of a source for any violation of applicable
requirements prior to or at the time of permit
issuance.
C. The applicable requirements of the
acid rain program consistent with Section
408(a) of the Clean Air Act.
D. The ability of USEPA to obtain
information from a source pursuant to Section
114 (inspections, monitoring, and entry) of the
Clean Air Act.
k. Each CAAPP permit shall include an emergency
provision providing an affirmative defense of emergency
to an action brought for noncompliance with
technology-based emission limitations under a CAAPP
permit if the following conditions are met through
properly signed, contemporaneous operating logs, or other
relevant evidence:
i. An emergency occurred and the permittee can
identify the cause(s) of the emergency.
ii. The permitted facility was at the time
being properly operated.
iii. The permittee submitted notice of the
emergency to the Agency within 2 working days of the
time when emission limitations were exceeded due to
the emergency. This notice must contain a detailed
description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken.
iv. During the period of the emergency the
permittee took all reasonable steps to minimize
levels of emissions that exceeded the emission
limitations, standards, or requirements in the
permit.
For purposes of this subsection, "emergency" means
any situation arising from sudden and reasonably
unforeseeable events beyond the control of the source,
such as an act of God, that requires immediate corrective
action to restore normal operation, and that causes the
source to exceed a technology-based emission limitation
under the permit, due to unavoidable increases in
emissions attributable to the emergency. An emergency
shall not include noncompliance to the extent caused by
improperly designed equipment, lack of preventative
maintenance, careless or improper operation, or operation
error.
In any enforcement proceeding, the permittee
seeking to establish the occurrence of an emergency has
the burden of proof. This provision is in addition to
any emergency or upset provision contained in any
applicable requirement. This provision does not relieve
a permittee of any reporting obligations under existing
federal or state laws or regulations.
l. The Agency shall include in each permit issued
under subsection 10 of this Section:
i. Terms and conditions for reasonably
anticipated operating scenarios identified by the
source in its application. The permit terms and
conditions for each such operating scenario shall
meet all applicable requirements and the
requirements of this Section.
A. Under this subparagraph, the source
must record in a log at the permitted facility
a record of the scenario under which it is
operating contemporaneously with making a
change from one operating scenario to another.
B. The permit shield described in
paragraph 7(j) of this Section shall extend to
all terms and conditions under each such
operating scenario.
ii. Where requested by an applicant, all terms
and conditions allowing for trading of emissions
increases and decreases between different emission
units at the CAAPP source, to the extent that the
applicable requirements provide for trading of such
emissions increases and decreases without a
case-by-case approval of each emissions trade. Such
terms and conditions:
A. Shall include all terms required under
this subsection to determine compliance;
B. Must meet all applicable requirements;
C. Shall extend the permit shield
described in paragraph 7(j) of this Section to
all terms and conditions that allow such
increases and decreases in emissions.
m. The Agency shall specifically designate as not
being federally enforceable under the Clean Air Act any
terms and conditions included in the permit that are not
specifically required under the Clean Air Act or federal
regulations promulgated thereunder. Terms or conditions
so designated shall be subject to all applicable state
requirements, except the requirements of subsection 7
(other than this paragraph, paragraph q of subsection 7,
subsections 8 through 11, and subsections 13 through 16
of this Section. The Agency shall, however, include such
terms and conditions in the CAAPP permit issued to the
source.
n. Each CAAPP permit issued under subsection 10 of
this Section shall specify and reference the origin of
and authority for each term or condition, and identify
any difference in form as compared to the applicable
requirement upon which the term or condition is based.
o. Each CAAPP permit issued under subsection 10 of
this Section shall include provisions stating the
following:
i. Duty to comply. The permittee must comply
with all terms and conditions of the CAAPP permit.
Any permit noncompliance constitutes a violation of
the Clean Air Act and the Act, and is grounds for
any or all of the following: enforcement action;
permit termination, revocation and reissuance, or
modification; or denial of a permit renewal
application.
ii. Need to halt or reduce activity not a
defense. It shall not be a defense for a permittee
in an enforcement action that it would have been
necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions
of this permit.
iii. Permit actions. The permit may be
modified, revoked, reopened, and reissued, or
terminated for cause in accordance with the
applicable subsections of Section 39.5 of this Act.
The filing of a request by the permittee for a
permit modification, revocation and reissuance, or
termination, or of a notification of planned changes
or anticipated noncompliance does not stay any
permit condition.
iv. Property rights. The permit does not
convey any property rights of any sort, or any
exclusive privilege.
v. Duty to provide information. The permittee
shall furnish to the Agency within a reasonable time
specified by the Agency any information that the
Agency may request in writing to determine whether
cause exists for modifying, revoking and reissuing,
or terminating the permit or to determine compliance
with the permit. Upon request, the permittee shall
also furnish to the Agency copies of records
required to be kept by the permit or, for
information claimed to be confidential, the
permittee may furnish such records directly to USEPA
along with a claim of confidentiality.
vi. Duty to pay fees. The permittee must pay
fees to the Agency consistent with the fee schedule
approved pursuant to subsection 18 of this Section,
and submit any information relevant thereto.
vii. Emissions trading. No permit revision
shall be required for increases in emissions allowed
under any approved economic incentives, marketable
permits, emissions trading, and other similar
programs or processes for changes that are provided
for in the permit and that are authorized by the
applicable requirement.
p. Each CAAPP permit issued under subsection 10 of
this Section shall contain the following elements with
respect to compliance:
i. Compliance certification, testing,
monitoring, reporting, and record keeping
requirements sufficient to assure compliance with
the terms and conditions of the permit. Any
document (including reports) required by a CAAPP
permit shall contain a certification by a
responsible official that meets the requirements of
subsection 5 of this Section and applicable
regulations.
ii. Inspection and entry requirements that
necessitate that, upon presentation of credentials
and other documents as may be required by law and in
accordance with constitutional limitations, the
permittee shall allow the Agency, or an authorized
representative to perform the following:
A. Enter upon the permittee's premises
where a CAAPP source is located or
emissions-related activity is conducted, or
where records must be kept under the conditions
of the permit.
B. Have access to and copy, at reasonable
times, any records that must be kept under the
conditions of the permit.
C. Inspect at reasonable times any
facilities, equipment (including monitoring and
air pollution control equipment), practices, or
operations regulated or required under the
permit.
D. Sample or monitor any substances or
parameters at any location:
1. As authorized by the Clean Air
Act, at reasonable times, for the purposes
of assuring compliance with the CAAPP
permit or applicable requirements; or
2. As otherwise authorized by this
Act.
iii. A schedule of compliance consistent with
subsection 5 of this Section and applicable
regulations.
iv. Progress reports consistent with an
applicable schedule of compliance pursuant to
paragraph 5(d) of this Section and applicable
regulations to be submitted semiannually, or more
frequently if the Agency determines that such more
frequent submittals are necessary for compliance
with the Act or regulations promulgated by the Board
thereunder. Such progress reports shall contain the
following:
A. Required dates for achieving the
activities, milestones, or compliance required
by the schedule of compliance and dates when
such activities, milestones or compliance were
achieved.
B. An explanation of why any dates in the
schedule of compliance were not or will not be
met, and any preventive or corrective measures
adopted.
v. Requirements for compliance certification
with terms and conditions contained in the permit,
including emission limitations, standards, or work
practices. Permits shall include each of the
following:
A. The frequency (annually or more
frequently as specified in any applicable
requirement or by the Agency pursuant to
written procedures) of submissions of
compliance certifications.
B. A means for assessing or monitoring
the compliance of the source with its emissions
limitations, standards, and work practices.
C. A requirement that the compliance
certification include the following:
1. The identification of each term
or condition contained in the permit that
is the basis of the certification.
2. The compliance status.
3. Whether compliance was continuous
or intermittent.
4. The method(s) used for
determining the compliance status of the
source, both currently and over the
reporting period consistent with
subsection 7 of Section 39.5 of the Act.
D. A requirement that all compliance
certifications be submitted to USEPA as well as
to the Agency.
E. Additional requirements as may be
specified pursuant to Sections 114(a)(3) and
504(b) of the Clean Air Act.
F. Other provisions as the Agency may
require.
q. If the owner or operator of CAAPP source can
demonstrate in its CAAPP application, including an
application for a significant modification, that an
alternative emission limit would be equivalent to that
contained in the applicable Board regulations, the Agency
shall include the alternative emission limit in the CAAPP
permit, which shall supersede supercede the emission
limit set forth in the applicable Board regulations, and
shall include conditions that insure that the resulting
emission limit is quantifiable, accountable, enforceable,
and based on replicable procedures.
8. Public Notice; Affected State Review.
a. The Agency shall provide notice to the public,
including an opportunity for public comment and a
hearing, on each draft CAAPP permit for issuance, renewal
or significant modification, subject to Sections 7(a) and
7.1 of this Act.
b. The Agency shall prepare a draft CAAPP permit
and a statement that sets forth the legal and factual
basis for the draft CAAPP permit conditions, including
references to the applicable statutory or regulatory
provisions. The Agency shall provide this statement to
any person who requests it.
c. The Agency shall give notice of each draft CAAPP
permit to the applicant and to any affected State on or
before the time that the Agency has provided notice to
the public, except as otherwise provided in this Act.
d. The Agency, as part of its submittal of a
proposed permit to USEPA (or as soon as possible after
the submittal for minor permit modification procedures
allowed under subsection 14 of this Section), shall
notify USEPA and any affected State in writing of any
refusal of the Agency to accept all of the
recommendations for the proposed permit that an affected
State submitted during the public or affected State
review period. The notice shall include the Agency's
reasons for not accepting the recommendations. The
Agency is not required to accept recommendations that are
not based on applicable requirements or the requirements
of this Section.
e. The Agency shall make available to the public
any CAAPP permit application, compliance plan (including
the schedule of compliance), CAAPP permit, and emissions
or compliance monitoring report. If an owner or operator
of a CAAPP source is required to submit information
entitled to protection from disclosure under Section 7(a)
or Section 7.1 of this Act, the owner or operator shall
submit such information separately. The requirements of
Section 7(a) or Section 7.1 of this Act shall apply to
such information, which shall not be included in a CAAPP
permit unless required by law. The contents of a CAAPP
permit shall not be entitled to protection under Section
7(a) or Section 7.1 of this Act.
f. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
9. USEPA Notice and Objection.
a. The Agency shall provide to USEPA for its review
a copy of each CAAPP application (including any
application for permit modification), statement of basis
as provided in paragraph 8(b) of this Section, proposed
CAAPP permit, CAAPP permit, and, if the Agency does not
incorporate any affected State's recommendations on a
proposed CAAPP permit, a written statement of this
decision and its reasons for not accepting the
recommendations, except as otherwise provided in this Act
or by agreement with USEPA. To the extent practicable,
the preceding information shall be provided in computer
readable format compatible with USEPA's national database
management system.
b. The Agency shall not issue the proposed CAAPP
permit if USEPA objects in writing within 45 days of
receipt of the proposed CAAPP permit and all necessary
supporting information.
c. If USEPA objects in writing to the issuance of
the proposed CAAPP permit within the 45-day period, the
Agency shall respond in writing and may revise and
resubmit the proposed CAAPP permit in response to the
stated objection, to the extent supported by the record,
within 90 days after the date of the objection. Prior to
submitting a revised permit to USEPA, the Agency shall
provide the applicant and any person who participated in
the public comment process, pursuant to subsection 8 of
this Section, with a 10-day period to comment on any
revision which the Agency is proposing to make to the
permit in response to USEPA's objection in accordance
with Agency procedures.
d. Any USEPA objection under this subsection,
according to the Clean Air Act, will include a statement
of reasons for the objection and a description of the
terms and conditions that must be in the permit, in order
to adequately respond to the objections. Grounds for a
USEPA objection include the failure of the Agency to:
(1) submit the items and notices required under this
subsection; (2) submit any other information necessary to
adequately review the proposed CAAPP permit; or (3)
process the permit under subsection 8 of this Section
except for minor permit modifications.
e. If USEPA does not object in writing to issuance
of a permit under this subsection, any person may
petition USEPA within 60 days after expiration of the
45-day review period to make such objection.
f. If the permit has not yet been issued and USEPA
objects to the permit as a result of a petition, the
Agency shall not issue the permit until USEPA's objection
has been resolved. The Agency shall provide a 10-day
comment period in accordance with paragraph c of this
subsection. A petition does not, however, stay the
effectiveness of a permit or its requirements if the
permit was issued after expiration of the 45-day review
period and prior to a USEPA objection.
g. If the Agency has issued a permit after
expiration of the 45-day review period and prior to
receipt of a USEPA objection under this subsection in
response to a petition submitted pursuant to paragraph e
of this subsection, the Agency may, upon receipt of an
objection from USEPA, revise and resubmit the permit to
USEPA pursuant to this subsection after providing a
10-day comment period in accordance with paragraph c of
this subsection. If the Agency fails to submit a revised
permit in response to the objection, USEPA shall modify,
terminate or revoke the permit. In any case, the source
will not be in violation of the requirement to have
submitted a timely and complete application.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
10. Final Agency Action.
a. The Agency shall issue a CAAPP permit, permit
modification, or permit renewal if all of the following
conditions are met:
i. The applicant has submitted a complete and
certified application for a permit, permit
modification, or permit renewal consistent with
subsections 5 and 14 of this Section, as applicable,
and applicable regulations.
ii. The applicant has submitted with its
complete application an approvable compliance plan,
including a schedule for achieving compliance,
consistent with subsection 5 of this Section and
applicable regulations.
iii. The applicant has timely paid the fees
required pursuant to subsection 18 of this Section
and applicable regulations.
iv. The Agency has received a complete CAAPP
application and, if necessary, has requested and
received additional information from the applicant
consistent with subsection 5 of this Section and
applicable regulations.
v. The Agency has complied with all applicable
provisions regarding public notice and affected
State review consistent with subsection 8 of this
Section and applicable regulations.
vi. The Agency has provided a copy of each
CAAPP application, or summary thereof, pursuant to
agreement with USEPA and proposed CAAPP permit
required under subsection 9 of this Section to
USEPA, and USEPA has not objected to the issuance of
the permit in accordance with the Clean Air Act and
40 CFR Part 70.
b. The Agency shall have the authority to deny a
CAAPP permit, permit modification, or permit renewal if
the applicant has not complied with the requirements of
paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
objects to its issuance.
c. i. Prior to denial of a CAAPP permit, permit
modification, or permit renewal under this Section,
the Agency shall notify the applicant of the
possible denial and the reasons for the denial.
ii. Within such notice, the Agency shall
specify an appropriate date by which the applicant
shall adequately respond to the Agency's notice.
Such date shall not exceed 15 days from the date the
notification is received by the applicant. The
Agency may grant a reasonable extension for good
cause shown.
iii. Failure by the applicant to adequately
respond by the date specified in the notification or
by any granted extension date shall be grounds for
denial of the permit.
For purposes of obtaining judicial review under
Sections 40.2 and 41 of this Act, the Agency shall
provide to USEPA and each applicant, and, upon
request, to affected States, any person who
participated in the public comment process, and any
other person who could obtain judicial review under
Sections 40.2 and 41 of this Act, a copy of each
CAAPP permit or notification of denial pertaining to
that party.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
11. General Permits.
a. The Agency may issue a general permit covering
numerous similar sources, except for affected sources for
acid deposition unless otherwise provided in regulations
promulgated under Title IV of the Clean Air Act.
b. The Agency shall identify, in any general
permit, criteria by which sources may qualify for the
general permit.
c. CAAPP sources that would qualify for a general
permit must apply for coverage under the terms of the
general permit or must apply for a CAAPP permit
consistent with subsection 5 of this Section and
applicable regulations.
d. The Agency shall comply with the public comment
and hearing provisions of this Section as well as the
USEPA and affected State review procedures prior to
issuance of a general permit.
e. When granting a subsequent request by a
qualifying CAAPP source for coverage under the terms of a
general permit, the Agency shall not be required to
repeat the public notice and comment procedures. The
granting of such request shall not be considered a final
permit action for purposes of judicial review.
f. The Agency may not issue a general permit to
cover any discrete emission unit at a CAAPP source if
another CAAPP permit covers emission units at the source.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
12. Operational Flexibility.
a. An owner or operator of a CAAPP source may make
changes at the CAAPP source without requiring a prior
permit revision, consistent with subparagraphs (a) (i)
through (a) (iii) of this subsection, so long as the
changes are not modifications under any provision of
Title I of the Clean Air Act and they do not exceed the
emissions allowable under the permit (whether expressed
therein as a rate of emissions or in terms of total
emissions), provided that the owner or operator of the
CAAPP source provides USEPA and the Agency with written
notification as required below in advance of the proposed
changes, which shall be a minimum of 7 days, unless
otherwise provided by the Agency in applicable
regulations regarding emergencies. The owner or operator
of a CAAPP source and the Agency shall each attach such
notice to their copy of the relevant permit.
i. An owner or operator of a CAAPP source may
make Section 502 (b) (10) changes without a permit
revision, if the changes are not modifications under
any provision of Title I of the Clean Air Act and
the changes do not exceed the emissions allowable
under the permit (whether expressed therein as a
rate of emissions or in terms of total emissions).
A. For each such change, the written
notification required above shall include a
brief description of the change within the
source, the date on which the change will
occur, any change in emissions, and any permit
term or condition that is no longer applicable
as a result of the change.
B. The permit shield described in
paragraph 7(j) of this Section shall not apply
to any change made pursuant to this
subparagraph.
ii. An owner or operator of a CAAPP source may
trade increases and decreases in emissions in the
CAAPP source, where the applicable implementation
plan provides for such emission trades without
requiring a permit revision. This provision is
available in those cases where the permit does not
already provide for such emissions trading.
A. Under this subparagraph (a)(ii), the
written notification required above shall
include such information as may be required by
the provision in the applicable implementation
plan authorizing the emissions trade, including
at a minimum, when the proposed changes will
occur, a description of each such change, any
change in emissions, the permit requirements
with which the source will comply using the
emissions trading provisions of the applicable
implementation plan, and the pollutants emitted
subject to the emissions trade. The notice
shall also refer to the provisions in the
applicable implementation plan with which the
source will comply and provide for the
emissions trade.
B. The permit shield described in
paragraph 7(j) of this Section shall not apply
to any change made pursuant to this
subparagraph (a) (ii). Compliance with the
permit requirements that the source will meet
using the emissions trade shall be determined
according to the requirements of the applicable
implementation plan authorizing the emissions
trade.
iii. If requested within a CAAPP application,
the Agency shall issue a CAAPP permit which contains
terms and conditions, including all terms required
under subsection 7 of this Section to determine
compliance, allowing for the trading of emissions
increases and decreases at the CAAPP source solely
for the purpose of complying with a
federally-enforceable emissions cap that is
established in the permit independent of otherwise
applicable requirements. The owner or operator of a
CAAPP source shall include in its CAAPP application
proposed replicable procedures and permit terms that
ensure the emissions trades are quantifiable and
enforceable. The permit shall also require
compliance with all applicable requirements.
A. Under this subparagraph (a)(iii), the
written notification required above shall state
when the change will occur and shall describe
the changes in emissions that will result and
how these increases and decreases in emissions
will comply with the terms and conditions of
the permit.
B. The permit shield described in
paragraph 7(j) of this Section shall extend to
terms and conditions that allow such increases
and decreases in emissions.
b. An owner or operator of a CAAPP source may make
changes that are not addressed or prohibited by the
permit, other than those which are subject to any
requirements under Title IV of the Clean Air Act or are
modifications under any provisions of Title I of the
Clean Air Act, without a permit revision, in accordance
with the following requirements:
(i) Each such change shall meet all applicable
requirements and shall not violate any existing
permit term or condition;
(ii) Sources must provide contemporaneous
written notice to the Agency and USEPA of each such
change, except for changes that qualify as
insignificant under provisions adopted by the Agency
or the Board. Such written notice shall describe
each such change, including the date, any change in
emissions, pollutants emitted, and any applicable
requirement that would apply as a result of the
change;
(iii) The change shall not qualify for the
shield described in paragraph 7(j) of this Section;
and
(iv) The permittee shall keep a record
describing changes made at the source that result in
emissions of a regulated air pollutant subject to an
applicable Clean Air Act requirement, but not
otherwise regulated under the permit, and the
emissions resulting from those changes.
c. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
13. Administrative Permit Amendments.
a. The Agency shall take final action on a request
for an administrative permit amendment within 60 days of
receipt of the request. Neither notice nor an
opportunity for public and affected State comment shall
be required for the Agency to incorporate such revisions,
provided it designates the permit revisions as having
been made pursuant to this subsection.
b. The Agency shall submit a copy of the revised
permit to USEPA.
c. For purposes of this Section the term
"administrative permit amendment" shall be defined as: a
permit revision that can accomplish one or more of the
changes described below:
i. Corrects typographical errors;
ii. Identifies a change in the name, address,
or phone number of any person identified in the
permit, or provides a similar minor administrative
change at the source;
iii. Requires more frequent monitoring or
reporting by the permittee;
iv. Allows for a change in ownership or
operational control of a source where the Agency
determines that no other change in the permit is
necessary, provided that a written agreement
containing a specific date for transfer of permit
responsibility, coverage, and liability between the
current and new permittees has been submitted to the
Agency;
v. Incorporates into the CAAPP permit the
requirements from preconstruction review permits
authorized under a USEPA-approved program, provided
the program meets procedural and compliance
requirements substantially equivalent to those
contained in this Section;
vi. Incorporates into the CAAPP permit revised
limitations or other requirements resulting from the
application of an approved economic incentives rule,
a marketable permits rule or generic emissions
trading rule, where these rules have been approved
by USEPA and require changes thereunder to meet
procedural requirements substantially equivalent to
those specified in this Section; or
vii. Any other type of change which USEPA has
determined as part of the approved CAAPP permit
program to be similar to those included in this
subsection.
d. The Agency shall, upon taking final action
granting a request for an administrative permit
amendment, allow coverage by the permit shield in
paragraph 7(j) of this Section for administrative permit
amendments made pursuant to subparagraph (c)(v) of this
subsection which meet the relevant requirements for
significant permit modifications.
e. Permit revisions and modifications, including
administrative amendments and automatic amendments
(pursuant to Sections 408(b) and 403(d) of the Clean Air
Act or regulations promulgated thereunder), for purposes
of the acid rain portion of the permit shall be governed
by the regulations promulgated under Title IV of the
Clean Air Act. Owners or operators of affected sources
for acid deposition shall have the flexibility to amend
their compliance plans as provided in the regulations
promulgated under Title IV of the Clean Air Act.
f. The CAAPP source may implement the changes
addressed in the request for an administrative permit
amendment immediately upon submittal of the request.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
14. Permit Modifications.
a. Minor permit modification procedures.
i. The Agency shall review a permit
modification using the "minor permit" modification
procedures only for those permit modifications that:
A. Do not violate any applicable
requirement;
B. Do not involve significant changes to
existing monitoring, reporting, or
recordkeeping requirements in the permit;
C. Do not require a case-by-case
determination of an emission limitation or
other standard, or a source-specific
determination of ambient impacts, or a
visibility or increment analysis;
D. Do not seek to establish or change a
permit term or condition for which there is no
corresponding underlying requirement and which
avoids an applicable requirement to which the
source would otherwise be subject. Such terms
and conditions include:
1. A federally enforceable emissions
cap assumed to avoid classification as a
modification under any provision of Title
I of the Clean Air Act; and
2. An alternative emissions limit
approved pursuant to regulations
promulgated under Section 112(i)(5) of the
Clean Air Act;
E. Are not modifications under any
provision of Title I of the Clean Air Act; and
F. Are not required to be processed as a
significant modification.
ii. Notwithstanding subparagraphs (a)(i) and
(b)(ii) of this subsection, minor permit
modification procedures may be used for permit
modifications involving the use of economic
incentives, marketable permits, emissions trading,
and other similar approaches, to the extent that
such minor permit modification procedures are
explicitly provided for in an applicable
implementation plan or in applicable requirements
promulgated by USEPA.
iii. An applicant requesting the use of minor
permit modification procedures shall meet the
requirements of subsection 5 of this Section and
shall include the following in its application:
A. A description of the change, the
emissions resulting from the change, and any
new applicable requirements that will apply if
the change occurs;
B. The source's suggested draft permit;
C. Certification by a responsible
official, consistent with paragraph 5(e) of
this Section and applicable regulations, that
the proposed modification meets the criteria
for use of minor permit modification procedures
and a request that such procedures be used; and
D. Completed forms for the Agency to use
to notify USEPA and affected States as required
under subsections 8 and 9 of this Section.
iv. Within 5 working days of receipt of a
complete permit modification application, the Agency
shall notify USEPA and affected States of the
requested permit modification in accordance with
subsections 8 and 9 of this Section. The Agency
promptly shall send any notice required under
paragraph 8(d) of this Section to USEPA.
v. The Agency may not issue a final permit
modification until after the 45-day review period
for USEPA or until USEPA has notified the Agency
that USEPA will not object to the issuance of the
permit modification, whichever comes first, although
the Agency can approve the permit modification prior
to that time. Within 90 days of the Agency's
receipt of an application under the minor permit
modification procedures or 15 days after the end of
USEPA's 45-day review period under subsection 9 of
this Section, whichever is later, the Agency shall:
A. Issue the permit modification as
proposed;
B. Deny the permit modification
application;
C. Determine that the requested
modification does not meet the minor permit
modification criteria and should be reviewed
under the significant modification procedures;
or
D. Revise the draft permit modification
and transmit to USEPA the new proposed permit
modification as required by subsection 9 of
this Section.
vi. Any CAAPP source may make the change
proposed in its minor permit modification
application immediately after it files such
application. After the CAAPP source makes the
change allowed by the preceding sentence, and until
the Agency takes any of the actions specified in
subparagraphs (a)(v)(A) through (a)(v)(C) of this
subsection, the source must comply with both the
applicable requirements governing the change and the
proposed permit terms and conditions. During this
time period, the source need not comply with the
existing permit terms and conditions it seeks to
modify. If the source fails to comply with its
proposed permit terms and conditions during this
time period, the existing permit terms and
conditions which it seeks to modify may be enforced
against it.
vii. The permit shield under subparagraph 7(j)
of this Section may not extend to minor permit
modifications.
viii. If a construction permit is required,
pursuant to Section 39(a) of this Act and
regulations thereunder, for a change for which the
minor permit modification procedures are applicable,
the source may request that the processing of the
construction permit application be consolidated with
the processing of the application for the minor
permit modification. In such cases, the provisions
of this Section, including those within subsections
5, 8, and 9, shall apply and the Agency shall act on
such applications pursuant to subparagraph 14(a)(v).
The source may make the proposed change immediately
after filing its application for the minor permit
modification. Nothing in this subparagraph shall
otherwise affect the requirements and procedures
applicable to construction permits.
b. Group Processing of Minor Permit Modifications.
i. Where requested by an applicant within its
application, the Agency shall process groups of a
source's applications for certain modifications
eligible for minor permit modification processing
in accordance with the provisions of this paragraph
(b).
ii. Permit modifications may be processed in
accordance with the procedures for group processing,
for those modifications:
A. Which meet the criteria for minor
permit modification procedures under
subparagraph 14(a)(i) of this Section; and
B. That collectively are below 10 percent
of the emissions allowed by the permit for the
emissions unit for which change is requested,
20 percent of the applicable definition of
major source set forth in subsection 2 of this
Section, or 5 tons per year, whichever is
least.
iii. An applicant requesting the use of group
processing procedures shall meet the requirements of
subsection 5 of this Section and shall include the
following in its application:
A. A description of the change, the
emissions resulting from the change, and any
new applicable requirements that will apply if
the change occurs.
B. The source's suggested draft permit.
C. Certification by a responsible
official consistent with paragraph 5(e) of this
Section, that the proposed modification meets
the criteria for use of group processing
procedures and a request that such procedures
be used.
D. A list of the source's other pending
applications awaiting group processing, and a
determination of whether the requested
modification, aggregated with these other
applications, equals or exceeds the threshold
set under subparagraph (b)(ii)(B) of this
subsection.
E. Certification, consistent with
paragraph 5(e), that the source has notified
USEPA of the proposed modification. Such
notification need only contain a brief
description of the requested modification.
F. Completed forms for the Agency to use
to notify USEPA and affected states as required
under subsections 8 and 9 of this Section.
iv. On a quarterly basis or within 5 business
days of receipt of an application demonstrating that
the aggregate of a source's pending applications
equals or exceeds the threshold level set forth
within subparagraph (b)(ii)(B) of this subsection,
whichever is earlier, the Agency shall promptly
notify USEPA and affected States of the requested
permit modifications in accordance with subsections
8 and 9 of this Section. The Agency shall send any
notice required under paragraph 8(d) of this Section
to USEPA.
v. The provisions of subparagraph (a)(v) of
this subsection shall apply to modifications
eligible for group processing, except that the
Agency shall take one of the actions specified in
subparagraphs (a)(v)(A) through (a)(v)(D) of this
subsection within 180 days of receipt of the
application or 15 days after the end of USEPA's
45-day review period under subsection 9 of this
Section, whichever is later.
vi. The provisions of subparagraph (a)(vi) of
this subsection shall apply to modifications for
group processing.
vii. The provisions of paragraph 7(j) of this
Section shall not apply to modifications eligible
for group processing.
c. Significant Permit Modifications.
i. Significant modification procedures shall
be used for applications requesting significant
permit modifications and for those applications that
do not qualify as either minor permit modifications
or as administrative permit amendments.
ii. Every significant change in existing
monitoring permit terms or conditions and every
relaxation of reporting or recordkeeping
requirements shall be considered significant. A
modification shall also be considered significant if
in the judgment of the Agency action on an
application for modification would require decisions
to be made on technically complex issues. Nothing
herein shall be construed to preclude the permittee
from making changes consistent with this Section
that would render existing permit compliance terms
and conditions irrelevant.
iii. Significant permit modifications must
meet all the requirements of this Section, including
those for applications (including completeness
review), public participation, review by affected
States, and review by USEPA applicable to initial
permit issuance and permit renewal. The Agency
shall take final action on significant permit
modifications within 9 months after receipt of a
complete application.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
15. Reopenings for Cause by the Agency.
a. Each issued CAAPP permit shall include
provisions specifying the conditions under which the
permit will be reopened prior to the expiration of the
permit. Such revisions shall be made as expeditiously as
practicable. A CAAPP permit shall be reopened and
revised under any of the following circumstances, in
accordance with procedures adopted by the Agency:
i. Additional requirements under the Clean Air
Act become applicable to a major CAAPP source for
which 3 or more years remain on the original term of
the permit. Such a reopening shall be completed not
later than 18 months after the promulgation of the
applicable requirement. No such revision is
required if the effective date of the requirement is
later than the date on which the permit is due to
expire.
ii. Additional requirements (including excess
emissions requirements) become applicable to an
affected source for acid deposition under the acid
rain program. Excess emissions offset plans shall
be deemed to be incorporated into the permit upon
approval by USEPA.
iii. The Agency or USEPA determines that the
permit contains a material mistake or that
inaccurate statements were made in establishing the
emissions standards, limitations, or other terms or
conditions of the permit.
iv. The Agency or USEPA determines that the
permit must be revised or revoked to assure
compliance with the applicable requirements.
b. In the event that the Agency determines that
there are grounds for revoking a CAAPP permit, for cause,
consistent with paragraph a of this subsection, it shall
file a petition before the Board setting forth the basis
for such revocation. In any such proceeding, the Agency
shall have the burden of establishing that the permit
should be revoked under the standards set forth in this
Act and the Clean Air Act. Any such proceeding shall be
conducted pursuant to the Board's procedures for
adjudicatory hearings and the Board shall render its
decision within 120 days of the filing of the petition.
The Agency shall take final action to revoke and reissue
a CAAPP permit consistent with the Board's order.
c. Proceedings regarding a reopened CAAPP permit
shall follow the same procedures as apply to initial
permit issuance and shall affect only those parts of the
permit for which cause to reopen exists.
d. Reopenings under paragraph (a) of this
subsection shall not be initiated before a notice of such
intent is provided to the CAAPP source by the Agency at
least 30 days in advance of the date that the permit is
to be reopened, except that the Agency may provide a
shorter time period in the case of an emergency.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
16. Reopenings for Cause by USEPA.
a. When USEPA finds that cause exists to terminate,
modify, or revoke and reissue a CAAPP permit pursuant to
subsection 15 of this Section, and thereafter notifies
the Agency and the permittee of such finding in writing,
the Agency shall forward to USEPA and the permittee a
proposed determination of termination, modification, or
revocation and reissuance as appropriate, in accordance
with paragraph b of this subsection. The Agency's
proposed determination shall be in accordance with the
record, the Clean Air Act, regulations promulgated
thereunder, this Act and regulations promulgated
thereunder. Such proposed determination shall not affect
the permit or constitute a final permit action for
purposes of this Act or the Administrative Review Law.
The Agency shall forward to USEPA such proposed
determination within 90 days after receipt of the
notification from USEPA. If additional time is necessary
to submit the proposed determination, the Agency shall
request a 90-day extension from USEPA and shall submit
the proposed determination within 180 days of receipt of
notification from USEPA.
b. i. Prior to the Agency's submittal to USEPA
of a proposed determination to terminate or revoke
and reissue the permit, the Agency shall file a
petition before the Board setting forth USEPA's
objection, the permit record, the Agency's proposed
determination, and the justification for its
proposed determination. The Board shall conduct a
hearing pursuant to the rules prescribed by Section
32 of this Act, and the burden of proof shall be on
the Agency.
ii. After due consideration of the written and
oral statements, the testimony and arguments that
shall be submitted at hearing, the Board shall issue
and enter an interim order for the proposed
determination, which shall set forth all changes, if
any, required in the Agency's proposed
determination. The interim order shall comply with
the requirements for final orders as set forth in
Section 33 of this Act. Issuance of an interim order
by the Board under this paragraph, however, shall
not affect the permit status and does not constitute
a final action for purposes of this Act or the
Administrative Review Law.
iii. The Board shall cause a copy of its
interim order to be served upon all parties to the
proceeding as well as upon USEPA. The Agency shall
submit the proposed determination to USEPA in
accordance with the Board's Interim Order within 180
days after receipt of the notification from USEPA.
c. USEPA shall review the proposed determination to
terminate, modify, or revoke and reissue the permit
within 90 days of receipt.
i. When USEPA reviews the proposed
determination to terminate or revoke and reissue and
does not object, the Board shall, within 7 days of
receipt of USEPA's final approval, enter the interim
order as a final order. The final order may be
appealed as provided by Title XI of this Act. The
Agency shall take final action in accordance with
the Board's final order.
ii. When USEPA reviews such proposed
determination to terminate or revoke and reissue and
objects, the Agency shall submit USEPA's objection
and the Agency's comments and recommendation on the
objection to the Board and permittee. The Board
shall review its interim order in response to
USEPA's objection and the Agency's comments and
recommendation and issue a final order in accordance
with Sections 32 and 33 of this Act. The Agency
shall, within 90 days after receipt of such
objection, respond to USEPA's objection in
accordance with the Board's final order.
iii. When USEPA reviews such proposed
determination to modify and objects, the Agency
shall, within 90 days after receipt of the
objection, resolve the objection and modify the
permit in accordance with USEPA's objection, based
upon the record, the Clean Air Act, regulations
promulgated thereunder, this Act, and regulations
promulgated thereunder.
d. If the Agency fails to submit the proposed
determination pursuant to paragraph a of this subsection
or fails to resolve any USEPA objection pursuant to
paragraph c of this subsection, USEPA will terminate,
modify, or revoke and reissue the permit.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
17. Title IV; Acid Rain Provisions.
a. The Agency shall act on initial CAAPP
applications for affected sources for acid deposition in
accordance with this Section and Title V of the Clean Air
Act and regulations promulgated thereunder, except as
modified by Title IV of the Clean Air Act and regulations
promulgated thereunder. The Agency shall issue initial
CAAPP permits to the affected sources for acid deposition
which shall become effective no earlier than January 1,
1995, and which shall terminate on December 31, 1999, in
accordance with this Section. Subsequent CAAPP permits
issued to affected sources for acid deposition shall be
issued for a fixed term of 5 years.
b. A designated representative of an affected
source for acid deposition shall submit a timely and
complete Phase II acid rain permit application and
compliance plan to the Agency, not later than January 1,
1996, that meets the requirements of Titles IV and V of
the Clean Air Act and regulations. The Agency shall act
on the Phase II acid rain permit application and
compliance plan in accordance with this Section and Title
V of the Clean Air Act and regulations promulgated
thereunder, except as modified by Title IV of the Clean
Air Act and regulations promulgated thereunder. The
Agency shall issue the Phase II acid rain permit to an
affected source for acid deposition no later than
December 31, 1997, which shall become effective on
January 1, 2000, in accordance with this Section, except
as modified by Title IV and regulations promulgated
thereunder; provided that the designated representative
of the source submitted a timely and complete Phase II
permit application and compliance plan to the Agency that
meets the requirements of Title IV and V of the Clean Air
Act and regulations.
c. Each Phase II acid rain permit issued in
accordance with this subsection shall have a fixed term
of 5 years. Except as provided in paragraph b above, the
Agency shall issue or deny a Phase II acid rain permit
within 18 months of receiving a complete Phase II permit
application and compliance plan.
d. A designated representative of a new unit, as
defined in Section 402 of the Clean Air Act, shall submit
a timely and complete Phase II acid rain permit
application and compliance plan that meets the
requirements of Titles IV and V of the Clean Air Act and
its regulations. The Agency shall act on the new unit's
Phase II acid rain permit application and compliance plan
in accordance with this Section and Title V of the Clean
Air Act and its regulations, except as modified by Title
IV of the Clean Air Act and its regulations. The Agency
shall reopen the new unit's CAAPP permit for cause to
incorporate the approved Phase II acid rain permit in
accordance with this Section. The Phase II acid rain
permit for the new unit shall become effective no later
than the date required under Title IV of the Clean Air
Act and its regulations.
e. A designated representative of an affected
source for acid deposition shall submit a timely and
complete Title IV NOx permit application to the Agency,
not later than January 1, 1998, that meets the
requirements of Titles IV and V of the Clean Air Act and
its regulations. The Agency shall reopen the Phase II
acid rain permit for cause and incorporate the approved
NOx provisions into the Phase II acid rain permit not
later than January 1, 1999, in accordance with this
Section, except as modified by Title IV of the Clean Air
Act and regulations promulgated thereunder. Such
reopening shall not affect the term of the Phase II acid
rain permit.
f. The designated representative of the affected
source for acid deposition shall renew the initial CAAPP
permit and Phase II acid rain permit in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder.
g. In the case of an affected source for acid
deposition for which a complete Phase II acid rain permit
application and compliance plan are timely received under
this subsection, the complete permit application and
compliance plan, including amendments thereto, shall be
binding on the owner, operator and designated
representative, all affected units for acid deposition at
the affected source, and any other unit, as defined in
Section 402 of the Clean Air Act, governed by the Phase
II acid rain permit application and shall be enforceable
as an acid rain permit for purposes of Titles IV and V of
the Clean Air Act, from the date of submission of the
acid rain permit application until a Phase II acid rain
permit is issued or denied by the Agency.
h. The Agency shall not include or implement any
measure which would interfere with or modify the
requirements of Title IV of the Clean Air Act or
regulations promulgated thereunder.
i. Nothing in this Section shall be construed as
affecting allowances or USEPA's decision regarding an
excess emissions offset plan, as set forth in Title IV of
the Clean Air Act or regulations promulgated thereunder.
i. No permit revision shall be required for
increases in emissions that are authorized by
allowances acquired pursuant to the acid rain
program, provided that such increases do not require
a permit revision under any other applicable
requirement.
ii. No limit shall be placed on the number of
allowances held by the source. The source may not,
however, use allowances as a defense to
noncompliance with any other applicable requirement.
iii. Any such allowance shall be accounted for
according to the procedures established in
regulations promulgated under Title IV of the Clean
Air Act.
j. To the extent that the federal regulations
promulgated under Title IV are inconsistent with the
federal regulations promulgated under Title V, the
federal regulations promulgated under Title IV shall take
precedence.
k. The USEPA may intervene as a matter of right in
any permit appeal involving a Phase II acid rain permit
provision or denial of a Phase II acid rain permit.
l. It is unlawful for any owner or operator to
violate any terms or conditions of a Phase II acid rain
permit issued under this subsection, to operate any
affected source for acid deposition except in compliance
with a Phase II acid rain permit issued by the Agency
under this subsection, or to violate any other applicable
requirements.
m. The designated representative of an affected
source for acid deposition shall submit to the Agency the
data and information submitted quarterly to USEPA,
pursuant to 40 CFR 75.64, concurrently with the
submission to USEPA. The submission shall be in the same
electronic format as specified by USEPA.
n. The Agency shall act on any petition for
exemption of a new unit or retired unit, as those terms
are defined in Section 402 of the Clean Air Act, from the
requirements of the acid rain program in accordance with
Title IV of the Clean Air Act and its regulations.
o. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
18. Fee Provisions.
a. For each 12 month period after the date on which
the USEPA approves or conditionally approves the CAAPP,
but in no event prior to January 1, 1994, a source
subject to this Section or excluded under subsection 1.1
or paragraph 3(c) of this Section, shall pay a fee as
provided in this part (a) of this subsection 18.
However, a source that has been excluded from the
provisions of this Section under subsection 1.1 or
paragraph 3(c) of this Section because the source emits
less than 25 tons per year of any combination of
regulated air pollutants shall pay fees in accordance
with paragraph (1) of subsection (b) of Section 9.6.
i. The fee for a source allowed to emit less
than 100 tons per year of any combination of
regulated air pollutants shall be $1,000 per year.
ii. The fee for a source allowed to emit 100
tons or more per year of any combination of
regulated air pollutants, except for those regulated
air pollutants excluded in paragraph 18(f) of this
subsection, shall be as follows:
A. The Agency shall assess an annual fee
of $13.50 per ton for the allowable emissions
of all regulated air pollutants at that source
during the term of the permit. These fees
shall be used by the Agency and the Board to
fund the activities required by Title V of the
Clean Air Act including such activities as may
be carried out by other State or local agencies
pursuant to paragraph (d) of this subsection.
The amount of such fee shall be based on the
information supplied by the applicant in its
complete CAAPP permit application or in the
CAAPP permit if the permit has been granted and
shall be determined by the amount of emissions
that the source is allowed to emit annually,
provided however, that no source shall be
required to pay an annual fee in excess of
$100,000. The Agency shall provide as part of
the permit application form required under
subsection 5 of this Section a separate fee
calculation form which will allow the applicant
to identify the allowable emissions and
calculate the fee for the term of the permit.
In no event shall the Agency raise the amount
of allowable emissions requested by the
applicant unless such increases are required to
demonstrate compliance with terms of a CAAPP
permit.
Notwithstanding the above, any applicant
may seek a change in its permit which would
result in increases in allowable emissions due
to an increase in the hours of operation or
production rates of an emission unit or units
and such a change shall be consistent with the
construction permit requirements of the
existing State permit program, under Section
39(a) of this Act and applicable provisions of
this Section. Where a construction permit is
required, the Agency shall expeditiously grant
such construction permit and shall, if
necessary, modify the CAAPP permit based on the
same application.
B. Except for the first year of the
CAAPP, the applicant or permittee may pay the
fee annually or semiannually for those fees
greater than $5,000.
b. For fiscal year 1996 and each fiscal year
thereafter, to the extent that permit fees collected and
deposited in the CAA Permit Fund during that fiscal year
exceed 115% of the actual expenditures (excluding permit
fee reimbursements) from the CAA Permit Fund for that
fiscal year (including lapse period spending), the excess
shall be reimbursed to the permittees in proportion to
their original fee payments. Such reimbursements shall
be made during the next fiscal year and may be made in
the form of a credit against that fiscal year's permit
fee.
c. There shall be created a CAA Fee Panel of 5
persons. The Panel shall:
i. If it deems necessary on an annual basis,
render advisory opinions to the Agency and the
General Assembly regarding the appropriate level of
Title V Clean Air Act fees for the next fiscal year.
Such advisory opinions shall be based on a study of
the operations of the Agency and any other entity
requesting appropriations from the CAA Permit Fund.
This study shall recommend changes in the fee
structure, if warranted. The study will be based on
the ability of the Agency or other entity to
effectively utilize the funds generated as well as
the entity's conformance with the objectives and
measurable benchmarks identified by the Agency as
justification for the prior year's fee. Such
advisory opinions shall be submitted to the
appropriation committees no later than April 15th of
each year.
ii. Not be compensated for their services, but
shall receive reimbursement for their expenses.
iii. Be appointed as follows: 4 members by
the Director of the Agency from a list of no more
than 8 persons, submitted by representatives of
associations who represent facilities subject to the
provisions of this subsection and the Director of
the Agency or designee.
d. There is hereby created in the State Treasury a
special fund to be known as the "CAA Permit Fund". All
Funds collected by the Agency pursuant to this subsection
shall be deposited into the Fund. The General Assembly
shall appropriate monies from this Fund to the Agency and
to the Board to carry out their obligations under this
Section. The General Assembly may also authorize monies
to be granted by the Agency from this Fund to other State
and local agencies which perform duties related to the
CAAPP. Interest generated on the monies deposited in this
Fund shall be returned to the Fund. The General Assembly
may appropriate up to the sum of $25,000 to the Agency
from the CAA Permit Fund for use by the Panel in carrying
out its responsibilities under this subsection.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
f. For purposes of this subsection, the term
"regulated air pollutant" shall have the meaning given to
it under subsection 1 of this Section but shall exclude
the following:
i. carbon monoxide;
ii. any Class I or II substance which is a
regulated air pollutant solely because it is listed
pursuant to Section 602 of the Clean Air Act;
iii. any pollutant that is a regulated air
pollutant solely because it is subject to a standard
or regulation under Section 112(r) of the Clean Air
Act based on the emissions allowed in the permit
effective in that calendar year, at the time the
applicable bill is generated; and
iv. during the years 1995 through 1999
inclusive, any emissions from affected sources for
acid deposition under Section 408(c)(4) of the Clean
Air Act.
19. Air Toxics Provisions.
a. In the event that the USEPA fails to promulgate
in a timely manner a standard pursuant to Section 112(d)
of the Clean Air Act, the Agency shall have the authority
to issue permits, pursuant to Section 112(j) of the Clean
Air Act and regulations promulgated thereunder, which
contain emission limitations which are equivalent to the
emission limitations that would apply to a source if an
emission standard had been promulgated in a timely manner
by USEPA pursuant to Section 112(d). Provided, however,
that the owner or operator of a source shall have the
opportunity to submit to the Agency a proposed emission
limitation which it determines to be equivalent to the
emission limitations that would apply to such source if
an emission standard had been promulgated in a timely
manner by USEPA. If the Agency refuses to include the
emission limitation proposed by the owner or operator in
a CAAPP permit, the owner or operator may petition the
Board to establish whether the emission limitation
proposal submitted by the owner or operator provides for
emission limitations which are equivalent to the emission
limitations that would apply to the source if the
emission standard had been promulgated by USEPA in a
timely manner. The Board shall determine whether the
emission limitation proposed by the owner or operator or
an alternative emission limitation proposed by the Agency
provides for the level of control required under Section
112 of the Clean Air Act, or shall otherwise establish an
appropriate emission limitation, pursuant to Section 112
of the Clean Air Act.
b. Any Board proceeding brought under paragraph (a)
or (e) of this subsection shall be conducted according to
the Board's procedures for adjudicatory hearings and the
Board shall render its decision within 120 days of the
filing of the petition. Any such decision shall be
subject to review pursuant to Section 41 of this Act.
Where USEPA promulgates an applicable emission standard
prior to the issuance of the CAAPP permit, the Agency
shall include in the permit the promulgated standard,
provided that the source shall have the compliance period
provided under Section 112(i) of the Clean Air Act. Where
USEPA promulgates an applicable standard subsequent to
the issuance of the CAAPP permit, the Agency shall revise
such permit upon the next renewal to reflect the
promulgated standard, providing a reasonable time for the
applicable source to comply with the standard, but no
longer than 8 years after the date on which the source is
first required to comply with the emissions limitation
established under this subsection.
c. The Agency shall have the authority to implement
and enforce complete or partial emission standards
promulgated by USEPA pursuant to Section 112(d), and
standards promulgated by USEPA pursuant to Sections
112(f), 112(h), 112(m), and 112(n), and may accept
delegation of authority from USEPA to implement and
enforce Section 112(l) and requirements for the
prevention and detection of accidental releases pursuant
to Section 112(r) of the Clean Air Act.
d. The Agency shall have the authority to issue
permits pursuant to Section 112(i)(5) of the Clean Air
Act.
e. The Agency has the authority to implement
Section 112(g) of the Clean Air Act consistent with the
Clean Air Act and federal regulations promulgated
thereunder. If the Agency refuses to include the emission
limitations proposed in an application submitted by an
owner or operator for a case-by-case maximum achievable
control technology (MACT) determination, the owner or
operator may petition the Board to determine whether the
emission limitation proposed by the owner or operator or
an alternative emission limitation proposed by the Agency
provides for a level of control required by Section 112
of the Clean Air Act, or to otherwise establish an
appropriate emission limitation under Section 112 of the
Clean Air Act.
20. Small Business.
a. For purposes of this subsection:
"Program" is the Small Business Stationary Source
Technical and Environmental Compliance Assistance Program
created within this State pursuant to Section 507 of the
Clean Air Act and guidance promulgated thereunder, to
provide technical assistance and compliance information
to small business stationary sources;
"Small Business Assistance Program" is a component
of the Program responsible for providing sufficient
communications with small businesses through the
collection and dissemination of information to small
business stationary sources; and
"Small Business Stationary Source" means a
stationary source that:
1. is owned or operated by a person that
employs 100 or fewer individuals;
2. is a small business concern as defined in
the "Small Business Act";
3. is not a major source as that term is
defined in subsection 2 of this Section;
4. does not emit 50 tons or more per year of
any regulated air pollutant; and
5. emits less than 75 tons per year of all
regulated pollutants.
b. The Agency shall adopt and submit to USEPA,
after reasonable notice and opportunity for public
comment, as a revision to the Illinois state
implementation plan, plans for establishing the Program.
c. The Agency shall have the authority to enter
into such contracts and agreements as the Agency deems
necessary to carry out the purposes of this subsection.
d. The Agency may establish such procedures as it
may deem necessary for the purposes of implementing and
executing its responsibilities under this subsection.
e. There shall be appointed a Small Business
Ombudsman (hereinafter in this subsection referred to as
"Ombudsman") to monitor the Small Business Assistance
Program. The Ombudsman shall be a nonpartisan designated
official, with the ability to independently assess
whether the goals of the Program are being met.
f. The State Ombudsman Office shall be located in
an existing Ombudsman office within the State or in any
State Department.
g. There is hereby created a State Compliance
Advisory Panel (hereinafter in this subsection referred
to as "Panel") for determining the overall effectiveness
of the Small Business Assistance Program within this
State.
h. The selection of Panel members shall be by the
following method:
1. The Governor shall select two members who
are not owners or representatives of owners of small
business stationary sources to represent the general
public;
2. The Director of the Agency shall select one
member to represent the Agency; and
3. The State Legislature shall select four
members who are owners or representatives of owners
of small business stationary sources. Both the
majority and minority leadership in both Houses of
the Legislature shall appoint one member of the
panel.
i. Panel members should serve without compensation
but will receive full reimbursement for expenses
including travel and per diem as authorized within this
State.
j. The Panel shall select its own Chair by a
majority vote. The Chair may meet and consult with the
Ombudsman and the head of the Small Business Assistance
Program in planning the activities for the Panel.
21. Temporary Sources.
a. The Agency may issue a single permit authorizing
emissions from similar operations by the same source
owner or operator at multiple temporary locations, except
for sources which are affected sources for acid
deposition under Title IV of the Clean Air Act.
b. The applicant must demonstrate that the
operation is temporary and will involve at least one
change of location during the term of the permit.
c. Any such permit shall meet all applicable
requirements of this Section and applicable regulations,
and include conditions assuring compliance with all
applicable requirements at all authorized locations and
requirements that the owner or operator notify the Agency
at least 10 days in advance of each change in location.
22. Solid Waste Incineration Units.
a. A CAAPP permit for a solid waste incineration
unit combusting municipal waste subject to standards
promulgated under Section 129(e) of the Clean Air Act
shall be issued for a period of 12 years and shall be
reviewed every 5 years, unless the Agency requires more
frequent review through Agency procedures.
b. During the review in paragraph (a) of this
subsection, the Agency shall fully review the previously
submitted CAAPP permit application and corresponding
reports subsequently submitted to determine whether the
source is in compliance with all applicable requirements.
c. If the Agency determines that the source is not
in compliance with all applicable requirements it shall
revise the CAAPP permit as appropriate.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
(Source: P.A. 88-464; 88-668, eff. 9-16-94; 89-79, eff.
6-30-95; revised 1-24-97.)
(415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
Sec. 55.8. Tire retailers.
(a) Beginning July 1, 1992, any person selling tires at
retail or offering tires for retail sale in this State shall:
(1) collect from retail customers a fee of one
dollar per tire sold and delivered in this State to be
paid to the Department of Revenue and deposited into the
Used Tire Management Fund, less a collection allowance of
10 cents per tire to be retained by the retail seller and
a collection allowance of 10 cents per tire to be
retained by the Department of Revenue and paid into the
General Revenue Fund;
(2) accept for recycling used tires from customers,
at the point of transfer, in a quantity equal to the
number of new tires purchased; and
(3) post in a conspicuous place a written notice at
least 8.5 by 11 inches in size that includes the
universal recycling symbol and the following statements:
"DO NOT put used tires in the trash."; "Recycle your used
tires."; and "State law requires us to accept used tires
for recycling, in exchange for new tires purchased.".
(b) A person who accepts used tires for recycling under
subsection (a) shall not allow the tires to accumulate for
periods of more than 90 days.
(c) The requirements of subsection (a) of this Section
do not apply to mail order sales nor shall the retail sale of
a motor vehicle be considered to be the sale of tires
at retail or offering of tires for retail sale. Instead of
filing returns, retailers of tires may remit the tire user
fee of $1.00 per tire to their suppliers of tires if the
supplier of tires is a registered retailer of tires and
agrees or otherwise arranges to collect and remit the tire
fee to the Department of Revenue, notwithstanding the fact
that the sale of the tire is a sale for resale and not a sale
at retail. A tire supplier who enters into such an
arrangement with a tire retailer shall be liable for the tax
on all tires sold to the tire retailer and must (i) provide
the tire retailer with a receipt that separately seperately
reflects the tire tax collected from the retailer on each
transaction and (ii) accept used tires for recycling from the
retailer's customers. The tire supplier shall be entitled to
the collection allowance of 10 cents per tire.
The retailer of the tires must maintain in its books and
records evidence that the appropriate fee was paid to the
tire supplier and that the tire supplier has agreed to remit
the fee to the Department of Revenue for each tire sold by
the retailer. Otherwise, the tire retailer shall be directly
liable for the fee on all tires sold at retail. Tire
retailers paying the fee to their suppliers are not entitled
to the collection allowance of 10 cents per tire.
(d) The requirements of subsection (a) of this Section
shall apply exclusively to tires to be used for vehicles
defined in Section 1-217 of the Illinois Vehicle Code,
aircraft tires, special mobile equipment, and implements of
husbandry.
(e) The requirements of paragraph (1) of subsection (a)
do not apply to the sale of reprocessed tires. For purposes
of this Section, "reprocessed tire" means a used tire that
has been recapped, retreaded, or regrooved and that has not
been placed on a vehicle wheel rim.
(Source: P.A. 87-727; 87-1250; revised 2-7-97.)
Section 3-135. The Illinois Pesticide Act is amended by
changing Section 13 as follows:
(415 ILCS 60/13) (from Ch. 5, par. 813)
Sec. 13. Pesticide dealers. Any pesticide dealer who
sells Restricted Use pesticides shall be registered with the
Department on forms provided by the Director. Registration
shall consist of passing a required examination and payment
of a $100 registration fee.
Dealers who hold a Structural Pest Control license with
the Illinois Department of Public Health or a Commercial
Applicator's license with the Illinois Department of
Agriculture are exempt from the registration fee but must
register with the Department.
Each place of business which sells restricted use
pesticides shall be considered a separate entity for the
purpose of registration.
Registration as a pesticide dealer shall expire on
December 31 of each year. Pesticide dealers shall be
certified in accordance with Section 9 of this Act.
The Director may prescribe, by regulation, requirements
for the registration and testing of any pesticide dealer
selling other than restricted use pesticides and such
regulations shall include the establishment of a registration
fee.
The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(Source: P.A. 85-177; 86-1172; 87-1108; 89-657, eff. 8-14-96;
revised 10-24-96.)
Section 3-140. The Radiation Installation Act is amended
by changing Section 3 as follows:
(420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
Sec. 3. The registration requirements of this Act shall
not apply to the following materials, machines or conditions:
(a) Natural radioactive materials of an equivalent
specific radioactivity not exceeding that of natural
potassium, except when such materials are produced, stored,
used, handled or disposed in such quantity or fashion that
any person might receive within a week a radiation dose
exceeding one-tenth the maximum permissible total weekly dose
for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation
Protection.
(b) Radioactive material in such quantity that if the
entire amount were taken internally, continuously, or at one
time by a person, no harmful effect would be likely to
result. Listings of the upper limits of quantities of
radioactive materials which are exempt from registration are
given in the following table. These limits apply only for
radioactive material not contained in sealed sources:
Upper Upper Upper
Radio- Limit Radio- Limit Radio- Limit
active Micro- active Micro- active Micro-
Material curie Material curie Material curie
210 48 200
Pb 1 V 100 Tl 100
210 59 204
Po 1 Fe 100 Tl 100
211 65 203
At 1 An 100 Pb 100
226 72 234
Ra 1 Ga 100 Th 100
227 76 3
Ac 1 As 100 H 1000
233 86 7
U 1 Rb 100 Be 1000
239 89 14
Pu 1 Sr 100 C 1000
241 91 24
Am 1 Y 100 Na 1000
242 95 35
Cm 1 Nb 100 S 1000
46 96 42
Sc 10 Tc 100 K 1000
60 105 51
Co 10 Rh 100 Cr 1000
90 109 55
Sr 10 Cd 100 Fe 1000
105 111 56
Ag 10 Ag 100 Mn 1000
106 113 59
Ru 10 Sn 100 Ni 1000
129 127 64
Te 10 Te 100 Cu 1000
131 140 71
I 10 Ba 100 Ge 1000
137 140 99
Cs 10 La 100 Mo 1000
144 143 103
Ce 10 Pr 100 Pd 1000
154 151 147
Eu 10 Sm 100 Pm 1000
181 166 190
W 10 Ho 100 Ir 1000
183 170 196
Re 10 Ta 100 Au 1000
192 177 201
Ir 10 Lu 100 Tl 1000
32 182 202
P 100 Tm 100 Tl 1000
36 191
Cl 100 Pt 100 Natural U 1000
45 193
Ca 100 Pt 100 Natural Th 1000
47 198
Sc 100 Au 100
48 199
Sc 100 Au 100
(c) Radioactive materials in sealed sources in total
quantities not exceeding one millicurie for a given
installation.
(d) Timepieces, instruments, novelties or devices
containing self-luminous elements, except during the
manufacture of the self-luminous elements and the production
of said timepieces, instruments, novelties; and except when
the timepieces, instruments, novelties or devices are stored,
used, repaired, handled or disposed in such quantity or
fashion that any person might receive within a week a
radiation dose exceeding one-tenth the maximum permissible
total weekly dose for any critical organ exposed, as
determined by the standards established by the National
Committee on Radiation Protection.
(e) Electrical equipment that is primarily not intended
to produce radiation and which operates in such a manner that
no person may receive within a week a radiation dose
exceeding one-tenth the maximum permissible total weekly dose
for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation
Protection. Provided, the production testing or production
servicing of all such electrical equipment shall not be
exempt from registration.
(f) Any radioactive material or radiation machine being
transported on vessels, aircraft, railroad cars or motor
vehicles in conformity with regulations adopted by any agency
having jurisdiction over safety during transportation.
(g) Radiation machines, radioactive materials and
radiation installations which the Department of Public Health
finds to be without radiation hazard, as determined by the
standards established by the National Committee on Radiation
Protection.
(Source: Laws 1957, p. 1169; revised 3-19-96.)
Section 3-145. The Radiation Protection Act of 1990 is
amended by changing Section 6 as follows:
(420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
Sec. 6. Accreditation of administrators of radiation;
Limited scope accreditation; Rules and regulations;
Education.
(a) The Department shall promulgate such rules and
regulations as are necessary to establish accreditation
standards and procedures, including a minimum course of
education and continuing education requirements in the
administration of radiation to human beings, which are
appropriate to the classification of accreditation and which
are to be met by all nurses, technicians, or other assistants
who administer radiation to human beings under the
supervision of a person licensed under the Medical Practice
Act of 1987. Such rules and regulations may provide for
different classes of accreditation based on evidence of
national certification, clinical experience or community
hardship as conditions of initial and continuing
accreditation. The rules and regulations of the Department
shall be consistent with national standards in regard to the
protection of the health and safety of the general public.
(b) The rules and regulations shall also provide that
persons who have been accredited by the Department, in
accordance with the Radiation Protection Act, without passing
an examination, will remain accredited as provided in Section
43 of this Act and that those persons may be accredited,
without passing an examination, to use other equipment,
procedures, or supervision within the original category of
accreditation if the Department receives written assurances
from a person licensed under the Medical Practice Practices
Act of 1987, that the person accredited has the necessary
skill and qualifications for such additional equipment
procedures or supervision. The Department shall, in
accordance with subsection (c) of this Section, provide for
the accreditation of nurses, technicians, or other
assistants, unless exempted elsewhere in this Act, to perform
a limited scope of diagnostic radiography procedures of the
chest, the extremities, skull and sinuses, or the spine,
while under the supervision of a person licensed under the
Medical Practice Act of 1987.
(c) The rules or regulations promulgated by the
Department pursuant to subsection (a) shall establish
standards and procedures for accrediting persons to perform a
limited scope of diagnostic radiography procedures. The rules
or regulations shall require persons seeking limited scope
accreditation to register with the Department as a
"student-in-training," and declare those procedures in which
the student will be receiving training. The
student-in-training registration shall be valid for a period
of 16 months, during which the time the student may, under
the supervision of a person licensed under the Medical
Practice Act of 1987, perform the diagnostic radiography
procedures listed on the student's registration. The
student-in-training registration shall be nonrenewable.
Upon expiration of the 16 month training period, the
student shall be prohibited from performing diagnostic
radiography procedures unless accredited by the Department to
perform such procedures. In order to be accredited to
perform a limited scope of diagnostic radiography procedures,
an individual must pass an examination offered by the
Department. The examination shall be consistent with
national standards in regard to protection of public health
and safety. The examination shall consist of a standardized
component covering general principles applicable to
diagnostic radiography procedures and a clinical component
specific to the types of procedures for which accreditation
is being sought. The Department may assess a reasonable fee
for such examinations to cover the costs incurred by the
Department in conjunction with offering the examinations.
(d) The Department shall by rule or regulation exempt
from accreditation nurses, technicians or other assistants
who administer radiation to human beings under supervision of
a person licensed to practice under the Medical Practice Act
of 1987 when the services are performed on employees of a
business at a medical facility owned and operated by the
business. Such exemption shall only apply to the equipment,
procedures and supervision specific to the medical facility
owned and operated by the business.
(Source: P.A. 86-1341; revised 2-11-97.)
Section 3-150. The Hennepin Canal Parkway State Park Act
is amended by changing Section 5 as follows:
(615 ILCS 105/5) (from Ch. 105, par. 482e)
Sec. 5. Rock Falls Dam. The Department of Natural
Resources Conservation, with the approval of the Department
of Transportation, is authorized to lease, in whole or in
part, to the City of Rock Falls, or its successors or
assigns, for a period not to exceed 60 years, the Rock Falls
Dam at Sterling Rock Falls, Illinois, and the necessary State
owned land, surplus waters and appurtenances for hydropower
development. All such leased property shall be deemed a part
of the electric system of the City of Rock Falls, Illinois,
and the said City is hereby expressly authorized in
connection therewith to acquire, construct, own, operate and
maintain without its corporate limits electric generating
facilities and appurtenances at or near the said Rock Falls
Dam. All revenue received from such leases shall be
deposited in the State Treasury in the special fund known as
the State Parks Fund and shall be used only for those
purposes described in Section 8.11 of the an "Act in relation
to State Finance Act", approved June 10, 1919, as now or
hereafter amended.
(Source: P.A. 83-300; revised 2-14-96.)
Section 3-155. The Criminal Code of 1961 is amended by
changing Section 12-21 as follows:
(720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
Sec. 12-21. Criminal neglect of an elderly or disabled
person.
(a) A person commits the offense of criminal neglect of
an elderly or disabled person when he is a caregiver and he
knowingly:
(1) performs acts which cause the elderly or
disabled person's life to be endangered, health to be
injured, or pre-existing physical or mental condition to
deteriorate; or
(2) fails to perform acts which he knows or
reasonably should know are necessary to maintain or
preserve the life or health of the elderly or disabled
person and such failure causes the elderly or disabled
person's life to be endangered, health to be injured or
pre-existing physical or mental condition to deteriorate;
or
(3) abandons the elderly or disabled person.
Criminal neglect of an elderly person is a Class 3
felony.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age
or older who is suffering from a disease or infirmity
associated with advanced age and manifested by physical,
mental or emotional dysfunctioning to the extent that
such person is incapable of adequately providing for his
own health and personal care.
(2) "Disabled person" means a person who suffers
from a permanent physical or mental impairment, resulting
from disease, injury, functional disorder or congenital
condition which renders such person incapable of
adequately providing for his own health and personal
care.
(3) "Caregiver" means a person who has a duty to
provide for an elderly or disabled person's health and
personal care, at such person's place of residence,
including but not limited to, food and nutrition,
shelter, hygiene, prescribed medication and medical care
and treatment.
"Caregiver" shall include:
(A) a parent, spouse, adult child or other
relative by blood or marriage who resides with or
resides in the same building with and regularly
visits the elderly or disabled person, knows or
reasonably should know of such person's physical or
mental impairment and knows or reasonably should
know that such person is unable to adequately
provide for his own health and personal care;
(B) a person who is employed by the elderly or
disabled person or by another to reside with or
regularly visit the elderly or disabled person and
provide for such person's health and personal care;
(C) a person who has agreed for consideration
to reside with or regularly visit the elderly or
disabled person and provide for such person's health
and personal care; and
(D) a person who has been appointed by a
private or public agency or by a court of competent
jurisdiction to provide for the elderly or disabled
person's health and personal care.
"Caregiver" shall not include a long-term care
facility licensed or certified under the Nursing Home
Care Act or any administrative, medical or other
personnel of such a facility, or a health care provider
who is licensed under the Medical Practice Act of 1987
and renders care in the ordinary course of his
profession.
(4) "Abandon" means to desert or knowingly forsake
foresake an elderly or disabled person under
circumstances in which a reasonable person would continue
to provide care and custody.
(c) Nothing in this Section shall be construed to limit
the remedies available to the victim under the Illinois
Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose
criminal liability on a person who has made a good faith
effort to provide for the health and personal care of an
elderly or disabled person, but through no fault of his own
has been unable to provide such care.
(e) Nothing in this Section shall be construed as
prohibiting a person from providing treatment by spiritual
means through prayer alone and care consistent therewith in
lieu of medical care and treatment in accordance with the
tenets and practices of any church or religious denomination
of which the elderly or disabled person is a member.
(f) It shall not be a defense to criminal neglect of an
elderly or disabled person that the accused reasonably
believed that the victim was not an elderly or disabled
person.
(Source: P.A. 86-153; 86-1028; 87-1072; revised 2-11-97.)
Section 3-160. The Illinois Living Will Act is amended
by changing Section 8 as follows:
(755 ILCS 35/8) (from Ch. 110 1/2, par. 708)
Sec. 8. Penalties.
(a) Any person who willfully conceals, cancels, defaces,
obliterates, or damages the declaration of another without
such declarant's consent or who falsifies or forges a
revocation of the declaration of another or who willfully
fails to comply with Section 6 shall be civilly liable.
(b) Any person who coerces or fraudulently induces
another to execute a declaration or falsifies or forges the
declaration of another, or willfully conceals or withholds
personal knowledge of a revocation as provided in Section 5
with the intent to cause a withholding or withdrawal of death
delaying procedures contrary to the wishes of the qualified
patient and thereby, because of such act, directly causes
death delaying procedures to be withheld or withdrawn and
death to another thereby be hastened, shall be subject to
prosecution for involuntary manslaughter.
(c) A physician or other health-care provider who
willfully fails to notify the health care facility or fails
to comply with Section 6 is guilty of engaging in unethical
and unprofessional conduct in violation of paragraph (A)(5) 5
of Section 22 4433 of the Medical Practice Act of 1987.
(d) A physician who willfully fails to record the
determination of terminal condition in accordance with
Section 4, without giving the notice required by Section 6 of
his unwillingness to comply with the provisions of the
patient's declaration, is guilty of willfully omitting to
file or record medical reports as required by law in
violation of paragraph (A)(22) 22 of Section 22 16 of the
Medical Practice Act of 1987.
(e) A person who requires or prohibits the execution of
a declaration as a condition for being insured for, or
receiving, health-care services is guilty of a class A
misdemeanor.
(f) The penalties provided in this Section do not
displace any penalty applicable under other law.
(Source: P.A. 85-860; revised 2-11-97.)
ARTICLE 4
EFFECTIVE DATE AND NONACCELERATION
Section 4-1. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 4-2. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 4-99. Effective date. This Act takes effect July
1, 1997.
INDEX
Statutes amended in order of appearance
ARTICLE 2
5 ILCS 80/4.8a rep.
5 ILCS 80/4.9 from Ch. 127, par. 1904.9
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 375/3 from Ch. 127, par. 523
5 ILCS 375/6.7
5 ILCS 375/6.8
20 ILCS 301/1-10
20 ILCS 505/18a-13 from Ch. 23, par. 5018a-13
20 ILCS 801/15-10
20 ILCS 2005/71 from Ch. 127, par. 63b17
20 ILCS 2105/60.2 from Ch. 127, par. 60.2
20 ILCS 2105/60.3
20 ILCS 3505/7.84 from Ch. 48, par. 850.07z24
20 ILCS 3505/7.85 from Ch. 48, par. 850.07z25
20 ILCS 3505/7.86 from Ch. 48, par. 850.07z26
20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
20 ILCS 3960/4 from Ch. 111 1/2, par. 1154
20 ILCS 3960/12.1 from Ch. 111 1/2, par. 1162.1
20 ILCS 3960/12.2
30 ILCS 105/5.402
30 ILCS 105/5.432
30 ILCS 105/5.433
30 ILCS 105/5.435
30 ILCS 105/5.436
30 ILCS 105/5.437
30 ILCS 105/5.438
30 ILCS 105/5.439
30 ILCS 105/5.440
30 ILCS 105/5.441
30 ILCS 105/5.442
30 ILCS 105/5.443
30 ILCS 105/5.444
30 ILCS 105/5.445
30 ILCS 105/5.446
30 ILCS 105/5.447
30 ILCS 105/5.448
30 ILCS 105/25 from Ch. 127, par. 161
30 ILCS 805/8.20
35 ILCS 105/3-5 from Ch. 120, par. 439.3-5
35 ILCS 110/3-5 from Ch. 120, par. 439.33-5
35 ILCS 115/3-5 from Ch. 120, par. 439.103-5
35 ILCS 120/2-5 from Ch. 120, par. 441-5
35 ILCS 200/15-172
35 ILCS 200/15-180
35 ILCS 200/18-183
35 ILCS 200/18-184
40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
55 ILCS 5/5-1069.2
55 ILCS 5/5-1069.5
55 ILCS 5/5-1121
55 ILCS 5/5-1123
55 ILCS 105/13 from Ch. 91 1/2, par. 213
65 ILCS 5/7-1-1 from Ch. 24, par. 7-1-1
65 ILCS 5/10-4-2.2
65 ILCS 5/10-4-2.5
65 ILCS 5/11-15.1-2 from Ch. 24, par. 11-15.1-2
70 ILCS 705/4 from Ch. 127 1/2, par. 24
70 ILCS 1205/10-7 from Ch. 105, par. 10-7
70 ILCS 2405/4 from Ch. 42, par. 303
105 ILCS 5/10-21.4a from Ch. 122, par. 10-21.4a
105 ILCS 5/10-22.3d
105 ILCS 5/10-22.3e
105 ILCS 5/10-22.5a from Ch. 122, par. 10-22.5a
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20
105 ILCS 5/13A-8
105 ILCS 5/13A-9
105 ILCS 5/18-8 from Ch. 122, par. 18-8
105 ILCS 5/24-2 from Ch. 122, par. 24-2
105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3
205 ILCS 5/2 from Ch. 17, par. 302
205 ILCS 5/13 from Ch. 17, par. 320
205 ILCS 5/47 from Ch. 17, par. 358
205 ILCS 5/48 from Ch. 17, par. 359
205 ILCS 105/1-6 from Ch. 17, par. 3301-6
205 ILCS 205/1008 from Ch. 17, par. 7301-8
205 ILCS 620/3-3 from Ch. 17, par. 1553-3
205 ILCS 630/17 from Ch. 17, par. 2201
210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
215 ILCS 5/356r
215 ILCS 5/356s
225 ILCS 10/7 from Ch. 23, par. 2217
225 ILCS 46/15
225 ILCS 46/65
235 ILCS 5/6-15 from Ch. 43, par. 130
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/5-16.3
305 ILCS 5/11-9 from Ch. 23, par. 11-9
305 ILCS 5/14-8 from Ch. 23, par. 14-8
320 ILCS 35/20 from Ch. 23, par. 6801-20
320 ILCS 35/30 from Ch. 23, par. 6801-30
320 ILCS 35/50 from Ch. 23, par. 6801-50
320 ILCS 35/60 from Ch. 23, par. 6801-60
325 ILCS 35/4 from Ch. 23, par. 6704
415 ILCS 5/22.2 from Ch. 111 1/2, par. 1022.2
415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
415 ILCS 5/57.14
415 ILCS 125/310
415 ILCS 125/320
510 ILCS 70/16 from Ch. 8, par. 716
525 ILCS 15/6a from Ch. 96 1/2, par. 9106a
625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-629
625 ILCS 5/3-631
625 ILCS 5/3-632
625 ILCS 5/3-633
625 ILCS 5/3-634
625 ILCS 5/3-635
625 ILCS 5/3-636
625 ILCS 5/3-637
625 ILCS 5/3-638
625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
625 ILCS 5/11-1201.1
625 ILCS 5/11-1427
625 ILCS 5/15-102 from Ch. 95 1/2, par. 15-102
625 ILCS 5/18c-1104 from Ch. 95 1/2, par. 18c-1104
625 ILCS 5/18c-3204 from Ch. 95 1/2, par. 18c-3204
705 ILCS 405/5-10 from Ch. 37, par. 805-10
705 ILCS 405/5-23 from Ch. 37, par. 805-23
720 ILCS 5/31-6 from Ch. 38, par. 31-6
725 ILCS 5/110-6.3 from Ch. 38, par. 110-6.3
725 ILCS 5/122-1 from Ch. 38, par. 122-1
725 ILCS 120/4.5
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
730 ILCS 5/3-15-2 from Ch. 38, par. 1003-15-2
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-6-4 from Ch. 38, par. 1005-6-4
730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
730 ILCS 125/17 from Ch. 75, par. 117
730 ILCS 152/Art. 4 heading
730 ILCS 152/Art. 9 heading
730 ILCS 152/905
735 ILCS 5/7-103 from Ch. 110, par. 7-103
750 ILCS 50/13 from Ch. 40, par. 1516
ARTICLE 3
5 ILCS 365/2 from Ch. 127, par. 352
20 ILCS 801/80-30 from 20 ILCS 801/35
20 ILCS 805/63a40
20 ILCS 805/63a41
20 ILCS 1705/43 from Ch. 91 1/2, par. 100-43
20 ILCS 2405/12a from Ch. 23, par. 3443a
25 ILCS 130/3A-1
30 ILCS 105/5.179 rep.
30 ILCS 105/6z-32
35 ILCS 155/2 from Ch. 120, par. 1702
35 ILCS 200/16-35
40 ILCS 5/5-136 from Ch. 108 1/2, par. 5-136
40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136
40 ILCS 5/15-153.2 from Ch. 108 1/2, par. 15-153.2
40 ILCS 5/24-109 from Ch. 108 1/2, par. 24-109
55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
55 ILCS 5/5-1031.1
55 ILCS 5/5-1095 from Ch. 34, par. 5-1095
55 ILCS 5/5-12003 from Ch. 34, par. 5-12003
65 ILCS 5/7-1-1.1 from Ch. 24, par. 7-1-1.1
105 ILCS 5/9-12 from Ch. 122, par. 9-12
110 ILCS 805/6-4 from Ch. 122, par. 106-4
210 ILCS 85/10.4 from Ch. 111 1/2, par. 151.4
215 ILCS 5/370b from Ch. 73, par. 982b
215 ILCS 125/4-6.4
215 ILCS 165/15.20
225 ILCS 37/26
225 ILCS 100/3 from Ch. 111, par. 4803
225 ILCS 100/24 from Ch. 111, par. 4824
225 ILCS 100/26 from Ch. 111, par. 4826
305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1
305 ILCS 5/5-16.7
325 ILCS 5/8.2 from Ch. 23, par. 2058.2
410 ILCS 325/4 from Ch. 111 1/2, par. 7404
410 ILCS 325/6 from Ch. 111 1/2, par. 7406
415 ILCS 5/14.2 from Ch. 111 1/2, par. 1014.2
415 ILCS 5/39.5 from Ch. 111 1/2, par. 1039.5
415 ILCS 5/55.8 from Ch. 111 1/2, par. 1055.8
415 ILCS 60/13 from Ch. 5, par. 813
420 ILCS 30/3 from Ch. 111 1/2, par. 196
420 ILCS 40/6 from Ch. 111 1/2, par. 210-6
615 ILCS 105/5 from Ch. 105, par. 482e
720 ILCS 5/12-21 from Ch. 38, par. 12-21
755 ILCS 35/8 from Ch. 110 1/2, par. 708