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Public Act 92-0016
HB0708 Enrolled LRB9203186EGfg
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:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2001 General
Revisory Act.
(b) 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.
This Act revises and, where appropriate, renumbers
certain Sections that have been added or amended by more than
one Public Act. In certain cases in which a repealed Act or
Section has been replaced with a successor law, this Act
incorporates amendments to the repealed Act or Section into
the successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) 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 reconcile 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.
(d) Public Acts 91-001 through 91-937 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking
or underscoring because no additional changes are being made
in the material that is being combined.
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.10, 4.20, and 4.21 as follows:
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10. The following Acts are repealed December 31,
1999:
The Fire Equipment Distributor and Employee Regulation
Act.
The Land Sales Registration Act of 1989.
(Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
91-255, eff. 12-30-99; revised 11-9-99.)
(5 ILCS 80/4.20)
Sec. 4.20. Acts Act repealed on January 1, 2010 December
31, 2009. The following Acts are Act is repealed on January
1, 2010 December 31, 2009:
The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Illinois Orthotics, Prosthetics, and Pedorthics
Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff.
1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; revised
12-10-99.)
(5 ILCS 80/4.21)
Sec. 4.21. Acts Act repealed on January 1, 2011. The
following Acts are Act is repealed on January 1, 2011:
The Fire Equipment Distributor and Employee Regulation
Act of 2000.
The Radiation Protection Act of 1990.
(Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00;
revised 9-1-00.)
Section 6.5. The Illinois Administrative Procedure Act
is amended by changing Section 10-50 as follows:
(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
Sec. 10-50. Decisions and orders.
(a) A final decision or order adverse to a party (other
than the agency) in a contested case shall be in writing or
stated in the record. A final decision shall include
findings of fact and conclusions of law, separately stated.
Findings of fact, if set forth in statutory language, shall
be accompanied by a concise and explicit statement of the
underlying facts supporting the findings. If, in accordance
with agency rules, a party submitted proposed findings of
fact, the decision shall include a ruling upon each proposed
finding. Parties or their agents appointed to receive
service of process shall be notified either personally or by
registered or certified mail of any decision or order. Upon
request a copy of the decision or order shall be delivered or
mailed forthwith to each party and to his attorney of record.
(b) All agency orders shall specify whether they are
final and subject to the Administrative Review Law.
(c) A decision by any agency in a contested case under
this Act shall be void unless the proceedings are conducted
in compliance with the provisions of this Act relating to
contested cases, except to the extent those provisions are
waived under Section 10-70 10-75 and except to the extent the
agency has adopted its own rules for contested cases as
authorized in Section 1-5.
(Source: P.A. 87-823; revised 2-24-00.)
Section 7. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, information that would
disclose or might lead to the disclosure of secret or
confidential information, codes, algorithms, programs, or
private keys intended to be used to create electronic or
digital signatures under the Electronic Commerce Security
Act.
(jj) Information contained in a local emergency
energy plan submitted to a municipality in accordance
with a local emergency energy plan ordinance that is
adopted under Section 11-21.5-5 of the Illinois Municipal
Code.
(kk) (jj) Information and data concerning the
distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency
Telephone Safety Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357,
eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.)
Section 8. The State Records Act is amended by changing
Section 4a as follows:
(5 ILCS 160/4a)
Sec. 4a. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual
person, including the name, age, address, and photograph,
when and if available.
(2) Information detailing any charges relating to
the arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the amount
of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be
made available to the news media for inspection and copying
as soon as practicable, but in no event shall the time period
exceed 72 hours from the arrest. The information described
in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
subsection (a), however, may be withheld if it is determined
that disclosure would:
(1) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other
person; or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(d) Each law enforcement or correctional agency may
charge fees for arrest records, but in no instance may the
fee exceed the actual cost of copying and reproduction. The
fees may not include the cost of the labor used to reproduce
the arrest record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
Section 9. The State Employees Group Insurance Act of
1971 is amended by changing Sections 3 and 10 and by changing
and renumbering multiple versions of Section 6.12 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 under the optional retirement
program established under Section 15-158.2), paragraphs (2),
(3), or (5) 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).
(b-5) "New SERS annuitant" means a person who, on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 14 of the Illinois Pension
Code, and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
(b-6) "New SURS annuitant" means a person who (1) on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 15 of the Illinois Pension
Code, (2) has not made the election authorized under Section
15-135.1 of the Illinois Pension Code, and (3) is eligible to
participate in the basic program of group health benefits
provided for annuitants under this Act.
(b-7) "New TRS State annuitant" means a person who, on
or after July 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 16 of the Illinois Pension
Code based on service as a teacher as defined in paragraph
(2), (3), or (5) of Section 16-106 of that Code, and is
eligible to participate in the basic program of group health
benefits provided for annuitants under this Act.
(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
the optional retirement program established under Section
15-158.2), paragraphs (2), (3), or (5) 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, the Board of Examiners established under the Illinois
Public Accounting Act, 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 to be claimed as a dependent for
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped. 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 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 the optional retirement
program established under Section 15-158.2) or 18, or under
paragraph (2), (3), or (5) 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
the optional retirement program established under Section
15-158.2), paragraphs (2), (3), or (5) 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
subsection (a) 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 health benefits program
offered by the State of Illinois for persons eligible for the
plan.
(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 subsection (a) 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 subsection
(a) 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 subsection
(a) of Section 15-107 of the Illinois Pension Code.
(q-5) "New SERS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 14 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SERS annuitant as defined in subsection (b-5).
(q-6) "New SURS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 15 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SURS annuitant as defined in subsection (b-6).
(q-7) "New TRS State survivor" means a survivor, as
defined in subsection (q), whose annuity is paid under
Article 16 of the Illinois Pension Code and is based on the
death of (i) an employee who is a teacher as defined in
paragraph (2), (3), or (5) of Section 16-106 of that Code and
whose death occurs on or after July 1, 1998, or (ii) a new
TRS State annuitant as defined in subsection (b-7).
(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; the Southern Illinois Collegiate
Common Market, which is a consortium of higher education
institutions in Southern Illinois; 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 to be claimed as a dependent
for 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.
(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.
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois
Pension Code; and
(3) either (i) was a full-time employee of a
community college district or an association of community
college boards created under the Public Community College
Act (other than an employee whose last employer under
Article 15 of the Illinois Pension Code was a community
college district subject to Article VII of the Public
Community College Act) and was eligible to participate in
a group health benefit plan as an employee during the
time of employment with a community college district
(other than a community college district subject to
Article VII of the Public Community College Act) or an
association of community college boards, or (ii) is the
survivor of a person described in item (i).
(aa) "Community college dependent beneficiary" means a
person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a community college benefit recipient's: (A)
spouse, (B) dependent parent who is receiving at least
half of his or her support from the community college
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 community college benefit recipient,
eligible to be claimed as a dependent for income tax
purposes and under age 23, or (iii) age 19 or over and
mentally or physically handicapped.
(Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff.
7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised
10-19-99.)
(5 ILCS 375/6.12)
Sec. 6.12. Payment for services. The program of health
benefits is subject to the provisions of Section 368a, of the
Illinois Insurance Code.
(Source: P.A. 91-605, eff. 12-14-99; 91-788, eff. 6-9-00;
revised 6-28-00.)
(5 ILCS 375/6.13)
Sec. 6.13. 6.12. Managed Care Reform and Patient Rights
Act. The program of health benefits is subject to the
provisions of the Managed Care Reform and Patient Rights Act,
except the fee for service program shall only be required to
comply with Section 85 and the definition of "emergency
medical condition" in Section 10 of the Managed Care Reform
and Patient Rights Act.
(Source: P.A. 91-617, eff. 8-19-99; revised 10-18-99.)
(5 ILCS 375/10) (from Ch. 127, par. 530)
Sec. 10. Payments by State; premiums.
(a) The State shall pay the cost of basic
non-contributory group life insurance and, subject to member
paid contributions set by the Department or required by this
Section, the basic program of group health benefits on each
eligible member, except a member, 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, and part of each eligible member's and retired
member's premiums for health insurance coverage for enrolled
dependents as provided by Section 9. The State shall pay the
cost of the basic program of group health benefits only after
benefits are reduced by the amount of benefits covered by
Medicare for all members and dependents who are eligible for
benefits under Social Security or the Railroad Retirement
system or who had sufficient Medicare-covered government
employment, except that such reduction in benefits shall
apply only to those members and dependents who (1) first
become eligible for such Medicare coverage on or after July
1, 1992; or (2) are Medicare-eligible members or dependents
of a local government unit which began participation in the
program on or after July 1, 1992; or (3) remain eligible for,
but no longer receive Medicare coverage which they had been
receiving on or after July 1, 1992. The Department may
determine the aggregate level of the State's contribution on
the basis of actual cost of medical services adjusted for
age, sex or geographic or other demographic characteristics
which affect the costs of such programs.
The cost of participation in the basic program of group
health benefits for the dependent or survivor of a living or
deceased retired employee who was formerly employed by the
University of Illinois in the Cooperative Extension Service
and would be an annuitant but for the fact that he or she was
made ineligible to participate in the State Universities
Retirement System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code shall not be greater than
the cost of participation that would otherwise apply to that
dependent or survivor if he or she were the dependent or
survivor of an annuitant under the State Universities
Retirement System.
(a-1) Beginning January 1, 1998, for each person who
becomes a new SERS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SERS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-2) Beginning January 1, 1998, for each person who
becomes a new SERS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Employees' Retirement System of Illinois on the date of
death, up to a maximum of 100% for a survivor of an employee
or annuitant with 20 or more years of creditable service.
The remainder of the cost of the new SERS survivor's coverage
under the basic program of group health benefits shall be the
responsibility of the survivor.
(a-3) Beginning January 1, 1998, for each person who
becomes a new SURS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SURS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-4) (Blank).
(a-5) Beginning January 1, 1998, for each person who
becomes a new SURS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Universities Retirement System on the date of death, up to a
maximum of 100% for a survivor of an employee or annuitant
with 20 or more years of creditable service. The remainder
of the cost of the new SURS survivor's coverage under the
basic program of group health benefits shall be the
responsibility of the survivor.
(a-6) Beginning July 1, 1998, for each person who
becomes a new TRS State annuitant and participates in the
basic program of group health benefits, the State shall
contribute toward the cost of the annuitant's coverage under
the basic program of group health benefits an amount equal to
5% of that cost for each full year of creditable service as a
teacher as defined in paragraph (2), (3), or (5) of Section
16-106 of the Illinois Pension Code upon which the
annuitant's retirement annuity is based, up to a maximum of
100%; except that the State contribution shall be 12.5% per
year (rather than 5%) for each full year of creditable
service as a regional superintendent or assistant regional
superintendent of schools. The remainder of the cost of a
new TRS State annuitant's coverage under the basic program of
group health benefits shall be the responsibility of the
annuitant.
(a-7) Beginning July 1, 1998, for each person who
becomes a new TRS State survivor and participates in the
basic program of group health benefits, the State shall
contribute toward the cost of the survivor's coverage under
the basic program of group health benefits an amount equal to
5% of that cost for each full year of the deceased employee's
or deceased annuitant's creditable service as a teacher as
defined in paragraph (2), (3), or (5) of Section 16-106 of
the Illinois Pension Code on the date of death, up to a
maximum of 100%; except that the State contribution shall be
12.5% per year (rather than 5%) for each full year of the
deceased employee's or deceased annuitant's creditable
service as a regional superintendent or assistant regional
superintendent of schools. The remainder of the cost of the
new TRS State survivor's coverage under the basic program of
group health benefits shall be the responsibility of the
survivor.
(a-8) A new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS survivor, new TRS State annuitant, or new
TRS State survivor may waive or terminate coverage in the
program of group health benefits. Any such annuitant or
survivor who has waived or terminated coverage may enroll or
re-enroll in the program of group health benefits only during
the annual benefit choice period, as determined by the
Director; except that in the event of termination of coverage
due to nonpayment of premiums, the annuitant or survivor may
not re-enroll in the program.
(a-9) No later than May 1 of each calendar year, the
Director of Central Management Services shall certify in
writing to the Executive Secretary of the State Employees'
Retirement System of Illinois the amounts of the Medicare
supplement health care premiums and the amounts of the health
care premiums for all other retirees who are not Medicare
eligible.
A separate calculation of the premiums based upon the
actual cost of each health care plan shall be so certified.
The Director of Central Management Services shall provide
to the Executive Secretary of the State Employees' Retirement
System of Illinois such information, statistics, and other
data as he or she may require to review the premium amounts
certified by the Director of Central Management Services.
(b) State employees who become eligible for this program
on or after January 1, 1980 in positions normally requiring
actual performance of duty not less than 1/2 of a normal work
period but not equal to that of a normal work period, shall
be given the option of participating in the available
program. If the employee elects coverage, the State shall
contribute on behalf of such employee to the cost of the
employee's benefit and any applicable dependent supplement,
that sum which bears the same percentage as that percentage
of time the employee regularly works when compared to normal
work period.
(c) The basic non-contributory coverage from the basic
program of group health benefits shall be continued for each
employee not in pay status or on active service by reason of
(1) leave of absence due to illness or injury, (2) authorized
educational leave of absence or sabbatical leave, or (3)
military leave with pay and benefits. This coverage shall
continue until expiration of authorized leave and return to
active service, but not to exceed 24 months for leaves under
item (1) or (2). This 24-month limitation and the requirement
of returning to active service shall not apply to persons
receiving ordinary or accidental disability benefits or
retirement benefits through the appropriate State retirement
system or benefits under the Workers' Compensation or
Occupational Disease Act.
(d) The basic group life insurance coverage shall
continue, with full State contribution, where such person is
(1) absent from active service by reason of disability
arising from any cause other than self-inflicted, (2) on
authorized educational leave of absence or sabbatical leave,
or (3) on military leave with pay and benefits.
(e) Where the person is in non-pay status for a period
in excess of 30 days or on leave of absence, other than by
reason of disability, educational or sabbatical leave, or
military leave with pay and benefits, such person may
continue coverage only by making personal payment equal to
the amount normally contributed by the State on such person's
behalf. Such payments and coverage may be continued: (1)
until such time as the person returns to a status eligible
for coverage at State expense, but not to exceed 24 months,
(2) until such person's employment or annuitant status with
the State is terminated, or (3) for a maximum period of 4
years for members on military leave with pay and benefits and
military leave without pay and benefits (exclusive of any
additional service imposed pursuant to law).
(f) The Department shall establish by rule the extent
to which other employee benefits will continue for persons in
non-pay status or who are not in active service.
(g) The State shall not pay the cost of the basic
non-contributory group life insurance, program of health
benefits and other employee benefits for members who are
survivors as defined by paragraphs (1) and (2) of subsection
(q) of Section 3 of this Act. The costs of benefits for
these survivors shall be paid by the survivors or by the
University of Illinois Cooperative Extension Service, or any
combination thereof. However, the State shall pay the amount
of the reduction in the cost of participation, if any,
resulting from the amendment to subsection (a) made by this
amendatory Act of the 91st General Assembly.
(h) Those persons occupying positions with any
department as a result of emergency appointments pursuant to
Section 8b.8 of the Personnel Code who are not considered
employees under this Act shall be given the option of
participating in the programs of group life insurance, health
benefits and other employee benefits. Such persons electing
coverage may participate only by making payment equal to the
amount normally contributed by the State for similarly
situated employees. Such amounts shall be determined by the
Director. Such payments and coverage may be continued until
such time as the person becomes an employee pursuant to this
Act or such person's appointment is terminated.
(i) Any unit of local government within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their dependents provided group health
coverage under this Act on a non-insured basis. To
participate, a unit of local government must agree to enroll
all of its employees, who may select coverage under either
the State group health benefits plan or a health maintenance
organization that has contracted with the State to be
available as a health care provider for employees as defined
in this Act. A unit of local government must remit the
entire cost of providing coverage under the State group
health benefits plan or, for coverage under a health
maintenance organization, an amount determined by the
Director based on an analysis of the sex, age, geographic
location, or other relevant demographic variables for its
employees, except that the unit of local government shall not
be required to enroll those of its employees who are covered
spouses or dependents under this plan or another group policy
or plan providing health benefits as long as (1) an
appropriate official from the unit of local government
attests that each employee not enrolled is a covered spouse
or dependent under this plan or another group policy or plan,
and (2) at least 85% of the employees are enrolled and the
unit of local government remits the entire cost of providing
coverage to those employees, except that a participating
school district must have enrolled at least 85% of its
full-time employees who have not waived coverage under the
district's group health plan by participating in a component
of the district's cafeteria plan. A participating school
district is not required to enroll a full-time employee who
has waived coverage under the district's health plan,
provided that an appropriate official from the participating
school district attests that the full-time employee has
waived coverage by participating in a component of the
district's cafeteria plan. For the purposes of this
subsection, "participating school district" includes a unit
of local government whose primary purpose is education as
defined by the Department's rules.
Employees of a participating unit of local government who
are not enrolled due to coverage under another group health
policy or plan may enroll in the event of a qualifying change
in status, special enrollment, special circumstance as
defined by the Director, or during the annual Benefit Choice
Period. A participating unit of local government may also
elect to cover its annuitants. Dependent coverage shall be
offered on an optional basis, with the costs paid by the unit
of local government, its employees, or some combination of
the two as determined by the unit of local government. The
unit of local government shall be responsible for timely
collection and transmission of dependent premiums.
The Director shall annually determine monthly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages, or
contributed by the State for basic insurance coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the local government in
age, sex, geographic location or other relevant
demographic variables, plus an amount sufficient to pay
for the additional administrative costs of providing
coverage to employees of the unit of local government and
their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the unit of local
government.
In the case of coverage of local government employees
under a health maintenance organization, the Director shall
annually determine for each participating unit of local
government the maximum monthly amount the unit may contribute
toward that coverage, based on an analysis of (i) the age,
sex, geographic location, and other relevant demographic
variables of the unit's employees and (ii) the cost to cover
those employees under the State group health benefits plan.
The Director may similarly determine the maximum monthly
amount each unit of local government may contribute toward
coverage of its employees' dependents under a health
maintenance organization.
Monthly payments by the unit of local government or its
employees for group health benefits plan or health
maintenance organization coverage shall be deposited in the
Local Government Health Insurance Reserve Fund. The Local
Government Health Insurance Reserve Fund shall be a
continuing fund not subject to fiscal year limitations. All
expenditures from this fund shall be used for payments for
health care benefits for local government and rehabilitation
facility employees, annuitants, and dependents, and to
reimburse the Department or its administrative service
organization for all expenses incurred in the administration
of benefits. No other State funds may be used for these
purposes.
A local government employer's participation or desire to
participate in a program created under this subsection shall
not limit that employer's duty to bargain with the
representative of any collective bargaining unit of its
employees.
(j) Any rehabilitation facility within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their eligible dependents provided group
health coverage under this Act on a non-insured basis. To
participate, a rehabilitation facility must agree to enroll
all of its employees and remit the entire cost of providing
such coverage for its employees, except that the
rehabilitation facility shall not be required to enroll those
of its employees who are covered spouses or dependents under
this plan or another group policy or plan providing health
benefits as long as (1) an appropriate official from the
rehabilitation facility attests that each employee not
enrolled is a covered spouse or dependent under this plan or
another group policy or plan, and (2) at least 85% of the
employees are enrolled and the rehabilitation facility remits
the entire cost of providing coverage to those employees.
Employees of a participating rehabilitation facility who are
not enrolled due to coverage under another group health
policy or plan may enroll in the event of a qualifying change
in status, special enrollment, special circumstance as
defined by the Director, or during the annual Benefit Choice
Period. A participating rehabilitation facility may also
elect to cover its annuitants. Dependent coverage shall be
offered on an optional basis, with the costs paid by the
rehabilitation facility, its employees, or some combination
of the 2 as determined by the rehabilitation facility. The
rehabilitation facility shall be responsible for timely
collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the rehabilitation
facility in age, sex, geographic location or other
relevant demographic variables, plus an amount sufficient
to pay for the additional administrative costs of
providing coverage to employees of the rehabilitation
facility and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the rehabilitation
facility.
Monthly payments by the rehabilitation facility or its
employees for group health benefits shall be deposited in the
Local Government Health Insurance Reserve Fund.
(k) Any domestic violence shelter or service within the
State of Illinois may apply to the Director to have its
employees, annuitants, and their dependents provided group
health coverage under this Act on a non-insured basis. To
participate, a domestic violence shelter or service must
agree to enroll all of its employees and pay the entire cost
of providing such coverage for its employees. A
participating domestic violence shelter may also elect to
cover its annuitants. Dependent coverage shall be offered on
an optional basis, with employees, or some combination of the
2 as determined by the domestic violence shelter or service.
The domestic violence shelter or service shall be responsible
for timely collection and transmission of dependent premiums.
The Director shall annually determine rates of payment,
subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the domestic violence
shelter or service in age, sex, geographic location or
other relevant demographic variables, plus an amount
sufficient to pay for the additional administrative costs
of providing coverage to employees of the domestic
violence shelter or service and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the domestic violence
shelter or service.
Monthly payments by the domestic violence shelter or
service or its employees for group health insurance shall be
deposited in the Local Government Health Insurance Reserve
Fund.
(l) A public community college or entity organized
pursuant to the Public Community College Act may apply to the
Director initially to have only annuitants not covered prior
to July 1, 1992 by the district's health plan provided health
coverage under this Act on a non-insured basis. The
community college must execute a 2-year contract to
participate in the Local Government Health Plan. Any
annuitant may enroll in the event of a qualifying change in
status, special enrollment, special circumstance as defined
by the Director, or during the annual Benefit Choice Period.
The Director shall annually determine monthly rates of
payment subject to the following constraints: for those
community colleges with annuitants only enrolled, first year
rates shall be equal to the average cost to cover claims for
a State member adjusted for demographics, Medicare
participation, and other factors; and in the second year, a
further adjustment of rates shall be made to reflect the
actual first year's claims experience of the covered
annuitants.
(l-5) The provisions of subsection (l) become
inoperative on July 1, 1999.
(m) The Director shall adopt any rules deemed necessary
for implementation of this amendatory Act of 1989 (Public Act
86-978).
(Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98;
90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff.
7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395,
eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.)
Section 10. The Election Code is amended by changing
Sections 7-10 and 7-30 as follows:
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of
no candidate for nomination, or State central committeeman,
or township committeeman, or precinct committeeman, or ward
committeeman or candidate for delegate or alternate delegate
to national nominating conventions, shall be printed upon the
primary ballot unless a petition for nomination has been
filed in his behalf as provided in this Article in
substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party,
in the .... of ...., in the county of .... and State of
Illinois, do hereby petition that the following named person
or persons shall be a candidate or candidates of the ....
party for the nomination for (or in case of committeemen for
election to) the office or offices hereinafter specified, to
be voted for at the primary election to be held on (insert
date).
Name Office Address
John Jones Governor Belvidere, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I am a registered voter
and have been a registered voter at all times I have
circulated this petition, that I reside at No. .... street,
in the .... of ...., county of ...., and State of Illinois,
and that the signatures on this sheet were signed in my
presence, and are genuine, and that to the best of my
knowledge and belief the persons so signing were at the time
of signing the petitions qualified voters of the .... party,
and that their respective residences are correctly stated, as
above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an
appropriate heading giving the information as to name of
candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place
of residence; and the heading of each sheet shall be the
same.
Such petition shall be signed by qualified primary
electors residing in the political division for which the
nomination is sought in their own proper persons only and
opposite the signature of each signer, his residence address
shall be written or printed. The residence address required
to be written or printed opposite each qualified primary
elector's name shall include the street address or rural
route number of the signer, as the case may be, as well as
the signer's county, and city, village or town, and state.
However the county or city, village or town, and state of
residence of the electors may be printed on the petition
forms where all of the electors signing the petition reside
in the same county or city, village or town, and state.
Standard abbreviations may be used in writing the residence
address, including street number, if any. At the bottom of
each sheet of such petition shall be added a statement signed
by a registered voter of the political division, who has been
a registered voter at all times he or she circulated the
petition, for which the candidate is seeking a nomination,
stating the street address or rural route number of the
voter, as the case may be, as well as the voter's county, and
city, village or town, and state; and certifying that the
signatures on that sheet of the petition were signed in his
presence; and either (1) indicating the dates on which that
sheet was circulated, or (2) indicating the first and last
dates on which the sheet was circulated, or (3) certifying
that none of the signatures on the sheet were signed more
than 90 days preceding the last day for the filing of the
petition, or more than 45 days preceding the last day for
filing of the petition in the case of political party and
independent candidates for single or multi-county regional
superintendents of schools in the 1994 general primary
election; and certifying that the signatures on the sheet are
genuine, and certifying that to the best of his knowledge
and belief the persons so signing were at the time of signing
the petitions qualified voters of the political party for
which a nomination is sought. Such statement shall be sworn
to before some officer authorized to administer oaths in this
State.
No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the
filing of such petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local
election officials, election authorities or the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator thereof, and not
photocopies or duplicates of such sheets. Each petition must
include as a part thereof, a statement of candidacy for each
of the candidates filing, or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall
state that the candidate is a qualified primary voter of the
party to which the petition relates and is qualified for the
office specified (in the case of a candidate for State's
Attorney it shall state that the candidate is at the time of
filing such statement a licensed attorney-at-law of this
State), shall state that he has filed (or will file before
the close of the petition filing period) a statement of
economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed
upon the official ballot, and shall be subscribed and sworn
to by such candidate before some officer authorized to take
acknowledgment of deeds in the State and shall be in
substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois
State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at
.... Street in the city (or village) of ...., in the county
of ...., State of Illinois; that I am a qualified voter
therein and am a qualified primary voter of the .... party;
that I am a candidate for nomination (for election in the
case of committeeman and delegates and alternate delegates)
to the office of .... to be voted upon at the primary
election to be held on (insert date); that I am legally
qualified (including being the holder of any license that may
be an eligibility requirement for the office I seek the
nomination for) to hold such office and that I have filed (or
I will file before the close of the petition filing period) a
statement of economic interests as required by the Illinois
Governmental Ethics Act and I hereby request that my name be
printed upon the official primary ballot for nomination for
(or election to in the case of committeemen and delegates and
alternate delegates) such office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or
added to, and no signatures shall be revoked except by
revocation filed in writing with the State Board of
Elections, election authority or local election official with
whom the petition is required to be filed, and before the
filing of such petition. Whoever forges the name of a signer
upon any petition required by this Article is deemed guilty
of a forgery and on conviction thereof shall be punished
accordingly.
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices.
Such petitions for nominations shall be signed:
(a) If for a State office, or for delegate or
alternate delegate to be elected from the State at large
to a National nominating convention by not less than
5,000 nor more than 10,000 primary electors of his party.
(b) If for a congressional officer or for delegate
or alternate delegate to be elected from a congressional
district to a national nominating convention by at least
.5% of the qualified primary electors of his party in his
congressional district, except that for the first primary
following a redistricting of congressional districts such
petitions shall be signed by at least 600 qualified
primary electors of the candidate's party in his
congressional district.
(c) If for a county office (including county board
member and chairman of the county board where elected
from the county at large), by at least .5% of the
qualified electors of his party cast at the last
preceding general election in his county. However, if
for the nomination for county commissioner of Cook
County, then by at least .5% of the qualified primary
electors of his or her party in his or her county in the
district or division in which such person is a candidate
for nomination; and if for county board member from a
county board district, then by at least .5% of the
qualified primary electors of his party in the county
board district. In the case of an election for county
board member to be elected from a district, for the first
primary following a redistricting of county board
districts or the initial establishment of county board
districts, then by at least .5% of the qualified electors
of his party in the entire county at the last preceding
general election, divided by the number of county board
districts, but in any event not less than 25 qualified
primary electors of his party in the district.
(d) If for a municipal or township office by at
least .5% of the qualified primary electors of his party
in the municipality or township; if for alderman, by at
least .5% of the voters of his party of his ward. In the
case of an election for alderman or trustee of a
municipality to be elected from a ward or district, for
the first primary following a redistricting or the
initial establishment of wards or districts, then by .5%
of the total number of votes cast for the candidate of
such political party who received the highest number of
votes in the entire municipality at the last regular
election at which an officer was regularly scheduled to
be elected from the entire municipality, divided by the
number of wards or districts, but in any event not less
than 25 qualified primary electors of his party in the
ward or district.
(e) If for State central committeeman, by at least
100 of the primary electors of his or her party of his or
her congressional district.
(f) If for a candidate for trustee of a sanitary
district in which trustees are not elected from wards, by
at least .5% of the primary electors of his party, from
such sanitary district.
(g) If for a candidate for trustee of a sanitary
district in which the trustees are elected from wards, by
at least .5% of the primary electors of his party in his
ward of such sanitary district, except that for the first
primary following a reapportionment of the district such
petitions shall be signed by at least 150 qualified
primary electors of the candidate's ward of such sanitary
district.
(h) If The number of signatures required for a
candidate for judicial office in a district, circuit, or
subcircuit, by a number of primary electors at least
equal to shall be 0.25% of the number of votes cast for
the judicial candidate of his or her political party who
received the highest number of votes at the last regular
general election at which a judicial officer from the
same district, circuit, or subcircuit was regularly
scheduled to be elected, but in no event fewer shall be
less than 500 signatures.
(i) If for a candidate for precinct committeeman,
by at least 10 primary electors of his or her party of
his or her precinct; if for a candidate for ward
committeeman, by not less than 10% nor more than 16% (or
50 more than the minimum, whichever is greater) of the
primary electors of his party of his ward; if for a
candidate for township committeeman, by not less than 5%
nor more than 8% (or 50 more than the minimum, whichever
is greater) of the primary electors of his party in his
township or part of a township as the case may be.
(j) If for a candidate for State's Attorney or
Regional Superintendent of Schools to serve 2 or more
counties, by at least .5% of the primary electors of his
party in the territory comprising such counties.
(k) If for any other office by at least .5% of the
total number of registered voters of the political
subdivision, district or division for which the
nomination is made or a minimum of 25, whichever is
greater.
For the purposes of this Section the number of primary
electors shall be determined by taking the total vote cast,
in the applicable district, for the candidate for such
political party who received the highest number of votes,
state-wide, at the last general election in the State at
which electors for President of the United States were
elected. For political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such political subdivision at the
last regular election at which an officer was regularly
scheduled to be elected from that subdivision. For wards or
districts of political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such ward or district at the last
regular election at which an officer was regularly scheduled
to be elected from that ward or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than
one party.
(Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
91-358, eff. 7-29-99; revised 8-17-99.)
(10 ILCS 5/7-30) (from Ch. 46, par. 7-30)
Sec. 7-30. Previous to any vote being taken, the primary
judges shall severally subscribe and take an oath or
affirmation in the following form, to-wit:
"I do solemnly swear (or affirm, as the case may be),
that I will support the Constitution of the United States and
the Constitution of the State of Illinois, and will
faithfully and honestly discharge the duties of primary
judge, according to the best of my ability, and that I have
resided in this State for 30 days, (and only in the case of a
primary judge in counties of less than 500,000 inhabitants,
have resided the following: in this precinct for the 30 days
next preceding this primary), (and in the case of a
registered voter, am entitled to vote at this primary)."
All persons subscribing the oath as aforesaid, and all
persons actually serving as primary judges, whether sworn or
not, shall be deemed to be and are hereby declared to be
officers of the circuit court of their respective counties.
(Source: P.A. 91-352, eff. 1-1-00; revised 2-23-00.)
Section 10.2. The State Library Act is amended by
changing Section 7 as follows:
(15 ILCS 320/7) (from Ch. 128, par. 107)
Sec. 7. Purposes of the State Library. The Illinois
State Library shall:
(a) Maintain a library for officials and employees of
the State, consisting of informational material and resources
pertaining to the phases of their work, and serve as the
State's library by extending its resources to citizens of
Illinois.
(b) Maintain and provide research library services for
all State agencies.
(c) Administer the Illinois Library System Act.
(d) Promote and administer the law relating to
Interstate Library Compacts.
(e) Enter into interagency agreements, pursuant to the
Intergovernmental Cooperation Act, including agreements to
promote access to information by Illinois students and the
general public.
(f) Promote and develop a cooperative library network
operating regionally or statewide for providing effective
coordination of the library resources of public, academic,
school, and special libraries.
(g) Administer grants of federal library funds pursuant
to federal law and requirements.
(h) Assist libraries in their plans for library
services, including funding the State-funded library systems
for the purpose of local library development and networking.
(i) Assist local library groups in developing programs
by which library services can be established and enhanced in
areas without those services.
(j) Be a clearing house, in an advisory capacity, for
questions and problems pertaining to the administration and
functioning of libraries in Illinois and to publish booklets
and pamphlets to implement this service.
(k) To Seek the opinion of the Attorney General for
legal questions pertaining to public libraries and their
function as governmental agencies.
(l) Contract with any other library or library agency to
carry out the purposes of the State Library. If any such
contract requires payments by user libraries for goods and
services, the State Library may distribute billings from
contractors to applicable user libraries and may receive and
distribute payments from user libraries to contractors.
There is hereby created in the State Treasury the Library
Trust Fund, into which all moneys payable to contractors
which are received from user libraries under this paragraph
(l) shall be paid. The Treasurer shall pay such funds to
contractors at the direction of the State Librarian.
(m) Compile, preserve and publish public library
statistical information.
(n) Compile the annual report of local public libraries
and library systems submitted to the State Librarian pursuant
to law.
(o) Conduct and arrange for library training programs
for library personnel, library directors and others involved
in library services.
(p) Prepare an annual report for each fiscal year.
(q) Make available to the public, by means of access by
way of the largest nonproprietary nonprofit cooperative
public computer network, certain records of State agencies.
As used in this subdivision (q), "State agencies" means
all officers, boards, commissions and agencies created by the
Constitution; all officers, departments, boards, commissions,
agencies, institutions, authorities, universities, and bodies
politic and corporate of the State; administrative units or
corporate outgrowths of the State government which are
created by or pursuant to statute, other than units of local
government and their officers, school districts and boards of
election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor; however, "State agencies"
does not include any agency, officer, or other entity of the
judicial or legislative branch.
As used in this subdivision (q), "records" means public
records, as defined in the Freedom of Information Act, that
are not exempt from inspection and copying under that Act.
The State Librarian and each appropriate State agency
shall specify the types and categories of records that shall
be accessible through the public computer network and the
types and categories of records that shall be inaccessible.
Records currently held by a State agency and documents that
are required to be provided to the Illinois State Library in
accordance with Section 21 shall be provided to the Illinois
State Library in an appropriate electronic format when
feasible. The cost to each State agency of making records
accessible through the public computer network or of
providing records in an appropriate electronic format shall
be considered in making determinations regarding
accessibility.
As soon as possible and no later than 18 months after the
effective date of this amendatory Act of 1995, the types and
categories of information, specified by the State Librarian
and each appropriate State agency, shall be made available to
the public by means of access by way of the largest
nonproprietary, nonprofit cooperative public computer
network. The information shall be made available in one or
more formats and by one or more means in order to provide the
greatest feasible access to the general public in this State.
Any person who accesses the information may access all or any
part of the information. The information may also be made
available by any other means of access that would facilitate
public access to the information. The information shall be
made available in the shortest feasible time after it is
publicly available.
Any documentation that describes the electronic digital
formats of the information shall be made available by means
of access by way of the same public computer network.
Personal information concerning a person who accesses the
information may be maintained only for the purpose of
providing service to the person.
The electronic public access provided by way of the
public computer network shall be in addition to other
electronic or print distribution of the information.
No action taken under this subdivision (q) shall be
deemed to alter or relinquish any copyright or other
proprietary interest or entitlement of the State of Illinois
relating to any of the information made available under this
subdivision (q).
(r) Coordinate literacy programs for the Secretary of
State.
(s) Provide coordination of statewide preservation
planning, act as a focal point for preservation advocacy,
assess statewide needs and establish specific programs to
meet those needs, and manage state funds appropriated for
preservation work relating to the preservation of the library
and archival resources of Illinois.
(t) Create and maintain a State Government Report
Distribution Center for the General Assembly. The Center
shall receive all reports in all formats available required
by law or resolution to be filed with the General Assembly
and shall furnish copies of such reports on the same day on
which the report is filed with the Clerk of the House of
Representatives and the Secretary of the Senate, as required
by the General Assembly Organization Act, without charge to
members of the General Assembly upon request. This paragraph
does not affect the requirements of Section 21 of this Act
relating to the deposit of State publications with the State
library.
(Source: P.A. 91-507, eff. 8-13-99; revised 2-25-00.)
Section 10.4. The State Treasurer Act is amended by
changing Section 16.5 as follows:
(15 ILCS 505/16.5)
Sec. 16.5. College Savings Pool. The State Treasurer
may establish and administer a College Savings Pool to
supplement and enhance the investment opportunities otherwise
available to persons seeking to finance the costs of higher
education. The State Treasurer, in administering the College
Savings Pool, may receive moneys paid into the pool by a
participant and may serve as the fiscal agent of that
participant for the purpose of holding and investing those
moneys.
"Participant", as used in this Section, means any person
that makes investments in the pool. "Designated
beneficiary", as used in this Section, means any person on
whose behalf an account is established in the College Savings
Pool by a participant. Both in-state and out-of-state persons
may be participants and designated beneficiaries in the
College Savings Pool.
New accounts in the College Savings Pool shall be
processed through participating financial institutions.
"Participating financial institution", as used in this
Section, means any financial institution insured by the
Federal Deposit Insurance Corporation and lawfully doing
business in the State of Illinois and any credit union
approved by the State Treasurer and lawfully doing business
in the State of Illinois that agrees to process new accounts
in the College Savings Pool. Participating financial
institutions may charge a processing fee to participants to
open an account in the pool that shall not exceed $30 until
the year 2001. Beginning in 2001 and every year thereafter,
the maximum fee limit shall be adjusted by the Treasurer
based on the Consumer Price Index for the North Central
Region as published by the United States Department of Labor,
Bureau of Labor Statistics for the immediately preceding
calendar year. Every contribution received by a financial
institution for investment in the College Savings Pool shall
be transferred from the financial institution to a location
selected by the State Treasurer within one business day
following the day that the funds must be made available in
accordance with federal law. All communications from the
State Treasurer to participants shall reference the
participating financial institution at which the account was
processed.
The Treasurer may invest the moneys in the College
Savings Pool in the same manner, in the same types of
investments, and subject to the same limitations provided for
the investment of moneys by the Illinois State Board of
Investment. To enhance the safety and liquidity of the
College Savings Pool, to ensure the diversification of the
investment portfolio of the pool, and in an effort to keep
investment dollars in the State of Illinois, the State
Treasurer shall make a percentage of each account available
for investment in participating financial institutions doing
business in the State. The State Treasurer shall deposit
with the participating financial institution at which the
account was processed the following percentage of each
account at a prevailing rate offered by the institution,
provided that the deposit is federally insured or fully
collateralized and the institution accepts the deposit: 10%
of the total amount of each account for which the current age
of the beneficiary is less than 7 years of age, 20% of the
total amount of each account for which the beneficiary is at
least 7 years of age and less than 12 years of age, and 50%
of the total amount of each account for which the current age
of the beneficiary is at least 12 years of age. The State
Treasurer shall adjust each account at least annually to
ensure compliance with this Section. The Treasurer shall
develop, publish, and implement an investment policy covering
the investment of the moneys in the College Savings Pool. The
policy shall be published (i) at least once each year in at
least one newspaper of general circulation in both
Springfield and Chicago and (ii) each year as part of the
audit of the College Savings Pool by the Auditor General,
which shall be distributed to all participants. The Treasurer
shall notify all participants in writing, and the Treasurer
shall publish in a newspaper of general circulation in both
Chicago and Springfield, any changes to the previously
published investment policy at least 30 calendar days before
implementing the policy. Any investment policy adopted by the
Treasurer shall be reviewed and updated if necessary within
90 days following the date that the State Treasurer takes
office.
Participants shall be required to use moneys distributed
from the College Savings Pool for qualified expenses at
eligible educational institutions. "Qualified expenses", as
used in this Section, means the following: (i) tuition, fees,
and the costs of books, supplies, and equipment required for
enrollment or attendance at an eligible educational
institution and (ii) certain room and board expenses incurred
while attending an eligible educational institution at least
half-time. "Eligible educational institutions", as used in
this Section, means public and private colleges, junior
colleges, graduate schools, and certain vocational
institutions that are described in Section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088) and that are eligible
to participate in Department of Education student aid
programs. A student shall be considered to be enrolled at
least half-time if the student is enrolled for at least half
the full-time academic work load for the course of study the
student is pursuing as determined under the standards of the
institution at which the student is enrolled. Distributions
made from the pool for qualified expenses shall be made
directly to the eligible educational institution, directly to
a vendor, or in the form of a check payable to both the
beneficiary and the institution or vendor. Any moneys that
are distributed in any other manner or that are used for
expenses other than qualified expenses at an eligible
educational institution shall be subject to a penalty of 10%
of the earnings unless the beneficiary dies, becomes
disabled, or receives a scholarship that equals or exceeds
the distribution. Penalties shall be withheld at the time the
distribution is made.
The Treasurer shall limit the contributions that may be
made on behalf of a designated beneficiary based on an
actuarial estimate of what is required to pay tuition, fees,
and room and board for 5 undergraduate years at the highest
cost eligible educational institution. The contributions made
on behalf of a beneficiary who is also a beneficiary under
the Illinois Prepaid Tuition Program shall be further
restricted to ensure that the contributions in both programs
combined do not exceed the limit established for the College
Savings Pool. The Treasurer shall provide the Illinois
Student Assistance Commission each year at a time designated
by the Commission, an electronic report of all participant
accounts in the Treasurer's College Savings Pool, listing
total contributions and disbursements from each individual
account during the previous calendar year. As soon
thereafter as is possible following receipt of the
Treasurer's report, the Illinois Student Assistance
Commission shall, in turn, provide the Treasurer with an
electronic report listing those College Savings Pool
participants who also participate in the State's prepaid
tuition program, administered by the Commission. The
Commission shall be responsible for filing any combined tax
reports regarding State qualified savings programs required
by the United States Internal Revenue Service. The Treasurer
shall work with the Illinois Student Assistance Commission to
coordinate the marketing of the College Savings Pool and the
Illinois Prepaid Tuition Program when considered beneficial
by the Treasurer and the Director of the Illinois Student
Assistance Commission. The Treasurer's office shall not
publicize or otherwise market the College Savings Pool or
accept any moneys into the College Savings Pool prior to
March 1, 2000. The Treasurer shall provide a separate
accounting for each designated beneficiary to each
participant, the Illinois Student Assistance Commission, and
the participating financial institution at which the account
was processed. No interest in the program may be pledged as
security for a loan.
The assets of the College Savings Pool and its income and
operation shall be exempt from all taxation by the State of
Illinois and any of its subdivisions. The accrued earnings
on investments in the Pool once disbursed on behalf of a
designated beneficiary shall be similarly exempt from all
taxation by the State of Illinois and its subdivisions, so
long as they are used for qualified expenses. The provisions
of this paragraph are exempt from Section 250 of the Illinois
Income Tax Act.
The Treasurer shall adopt rules he or she considers
necessary for the efficient administration of the College
Savings Pool. The rules shall provide whatever additional
parameters and restrictions are necessary to ensure that the
College Savings Pool meets all of the requirements for a
qualified state tuition program under Section 529 of the
Internal Revenue Code (26 U.S.C. 529 52). The rules shall
provide for the administration expenses of the pool to be
paid from its earnings and for the investment earnings in
excess of the expenses and all moneys collected as penalties
to be credited or paid monthly to the several participants in
the pool in a manner which equitably reflects the differing
amounts of their respective investments in the pool and the
differing periods of time for which those amounts were in the
custody of the pool. Also, the rules shall require the
maintenance of records that enable the Treasurer's office to
produce a report for each account in the pool at least
annually that documents the account balance and investment
earnings. Notice of any proposed amendments to the rules and
regulations shall be provided to all participants prior to
adoption. Amendments to rules and regulations shall apply
only to contributions made after the adoption of the
amendment.
Upon creating the College Savings Pool, the State
Treasurer shall give bond with 2 or more sufficient sureties,
payable to and for the benefit of the participants in the
College Savings Pool, in the penal sum of $1,000,000,
conditioned upon the faithful discharge of his or her duties
in relation to the College Savings Pool.
(Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01;
revised 7-3-00.)
Section 11. The Civil Administrative Code of Illinois is
amended by changing the heading to Article 1, adding Section
1-2 and changing Sections 1-5, 5-300, 5-310, 5-315, 5-320,
5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360,
5-365, 5-370, 5-375, 5-385, 5-390, 5-395, 5-400, 5-410,
5-415, 5-420, and 5-550 as follows:
(20 ILCS 5/Art. 1 heading)
ARTICLE 1. SHORT TITLE AND GENERAL PROVISIONS
(20 ILCS 5/1-2 new)
Sec. 1-2. Article short title. This Article may be cited
as the General Provisions Article of the Civil Administrative
Code of Illinois.
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. Short title and General Provisions (20 ILCS
5/1-1 and following).
Article 5. Departments of State Government Law (20 ILCS
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 20/ 50/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS
205/).
Article 250. State Fair Grounds Title Law (5 ILCS 620/
250/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services
Law (20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Community Affairs
Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS
1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2005. Department of Nuclear Safety Law (20 ILCS
2005/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Public Aid Law (20 ILCS
2205/).
Article 2310. Department of Public Health Powers and
Duties Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of
Functions and Duties Law (110 ILCS 355/).
(Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.)
(20 ILCS 5/5-300) (was 20 ILCS 5/9)
Sec. 5-300. Officers' qualifications and salaries. The
executive and administrative officers, whose offices are
created by this Act, must have the qualifications prescribed
by law and shall receive annual salaries, payable in equal
monthly installments, as designated in the Sections following
this Section and preceding Section 5-500 9.31. If set by the
Governor, those annual salaries may not exceed 85% of the
Governor's annual salary.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-2-99.)
(20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
Sec. 5-310. In the Department on Aging. The Director of
Aging shall receive an annual salary as set by the Governor
from time to time or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
Sec. 5-315. In the Department of Agriculture. The
Director of Agriculture shall receive an annual salary as set
by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Agriculture shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
Sec. 5-320. In the Department of Central Management
Services. The Director of Central Management Services shall
receive an annual salary as set by the Governor from time to
time or an amount set by the Compensation Review Board,
whichever is greater.
Each Assistant Director of Central Management Services
shall receive an annual salary as set by the Governor from
time to time or an amount set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
Sec. 5-325. In the Department of Children and Family
Services. The Director of Children and Family Services shall
receive an annual salary as set by the Governor from time to
time or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
Sec. 5-330. In the Department of Commerce and Community
Affairs. The Director of Commerce and Community Affairs
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Commerce and Community Affairs
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
Sec. 5-335. In the Department of Corrections. The
Director of Corrections shall receive an annual salary as set
by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Corrections - Juvenile Division
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Corrections - Adult Division
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
Sec. 5-340. In the Department of Employment Security.
The Director of Employment Security shall receive an annual
salary of as set by the Governor from time to time or an
amount set by the Compensation Review Board, whichever is
greater.
Each member of the Board of Review shall receive $15,000.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
Sec. 5-345. In the Department of Financial Institutions.
The Director of Financial Institutions shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
The Assistant Director of Financial Institutions shall
receive an annual salary as set by the Governor from time to
time or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
Sec. 5-350. In the Department of Human Rights. The
Director of Human Rights shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
Sec. 5-355. In the Department of Human Services. The
Secretary of Human Services shall receive an annual salary as
set by the Governor from time to time 5-335 Law or such other
amount as may be set by the Compensation Review Board,
whichever is greater.
The Assistant Secretaries of Human Services shall each
receive an annual salary as set by the Governor from time to
time 5-395 Law or such other amount as may be set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
Sec. 5-360. In the Department of Insurance. The Director
of Insurance shall receive an annual salary as set by the
Governor from time to time or as set by the Compensation
Review Board, whichever is greater.
The Assistant Director of Insurance shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
Sec. 5-365. In the Department of Labor. The Director of
Labor shall receive an annual salary as set by the Governor
from time to time or as set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Labor shall receive an annual
salary as set by the Governor from time to time or as set by
the Compensation Review Board, whichever is greater.
The Chief Factory Inspector shall receive $24,700 from
the third Monday in January, 1979 to the third Monday in
January, 1980, and $25,000 thereafter, or as set by the
Compensation Review Board, whichever is greater.
The Superintendent of Safety Inspection and Education
shall receive $27,500, or as set by the Compensation Review
Board, whichever is greater.
The Superintendent of Women's and Children's Employment
shall receive $22,000 from the third Monday in January, 1979
to the third Monday in January, 1980, and $22,500 thereafter,
or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-370) (was 20 ILCS 5/9.31)
Sec. 5-370. In the Department of the Lottery. The
Director of the Lottery shall receive an annual salary as set
by the Governor from time to time or an amount set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
Sec. 5-375. In the Department of Natural Resources. The
Director of Natural Resources shall continue to receive the
annual salary set by law for the Director of Conservation
until January 20, 1997. Beginning on that date, the Director
of Natural Resources shall receive an annual salary as set by
the Governor from time to time or the amount set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Natural Resources shall
continue to receive the annual salary set by law for the
Assistant Director of Conservation until January 20, 1997.
Beginning on that date, the Assistant Director of Natural
Resources shall receive an annual salary as set by the
Governor from time to time or the amount set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-385) (was 20 ILCS 5/9.25)
Sec. 5-385. In the Department of Nuclear Safety. The
Director of Nuclear Safety shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-390) (was 20 ILCS 5/9.08)
Sec. 5-390. In the Department of Professional Regulation.
The Director of Professional Regulation shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
Sec. 5-395. In the Department of Public Aid. The
Director of Public Aid shall receive an annual salary as set
by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Public Aid shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
Sec. 5-400. In the Department of Public Health. The
Director of Public Health shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Public Health shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
Sec. 5-410. In the Department of State Police. The
Director of State Police shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of State Police shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
Sec. 5-415. In the Department of Transportation. The
Secretary of Transportation shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Secretary of Transportation shall receive
an annual salary as set by the Governor from time to time or
as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
Sec. 5-420. In the Department of Veterans' Affairs. The
Director of Veterans' Affairs shall receive an annual salary
as set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Veterans' Affairs shall receive
an annual salary as set by the Governor from time to time or
as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
Sec. 5-550. In the Department of Human Services. A
State Rehabilitation Council, hereinafter referred to as the
Council, is hereby established for the purpose of advising
the Secretary and the vocational rehabilitation administrator
of the provisions of the federal Rehabilitation Act of 1973
and the Americans with Disabilities Act of 1990 in matters
concerning individuals with disabilities and the provision of
rehabilitation services. The Council shall consist of 25
members appointed by the Governor after soliciting
recommendations from representatives of organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities. The Governor shall appoint to this Council the
following:
(1) One representative of a parent training center
established in accordance with the federal Individuals
with Disabilities Education Act.
(2) One representative of the client assistance
program.
(3) One vocational rehabilitation counselor who has
knowledge of and experience with vocational
rehabilitation programs. (If an employee of the
Department is appointed, that appointee shall serve as an
ex officio, nonvoting member.)
(4) One representative of community rehabilitation
program service providers.
(5) Four representatives of business, industry, and
labor.
(6) Eight representatives of disability advocacy
groups representing a cross section of the following:
(A) individuals with physical, cognitive,
sensory, and mental disabilities; and
(B) parents, family members, guardians,
advocates, or authorized representative of
individuals with disabilities who have difficulty in
representing themselves or who are unable, due to
their disabilities, to represent themselves.
(7) One current or former applicant for, or
recipient of, vocational rehabilitation services.
(8) Three representatives from secondary or higher
education.
(9) One representative of the State Workforce
Investment Board.
(10) One representative of the Illinois State Board
of Education who is knowledgeable about the Individuals
with Disabilities Education Act.
The chairperson of, or a member designated by, the Statewide
Independent Living Council created under Section 12a of the
Disabled Persons Rehabilitation Act, the chairperson of the
Blind Services Planning Council created under the Bureau for
the Blind Act, and the vocational rehabilitation
administrator shall serve as ex officio members. The
vocational rehabilitation administrator shall have no vote.
The Council shall select a Chairperson.
The Chairperson and at least 12 other members of the
Council shall have a recognized disability. One member shall
be a senior citizen age 60 or over. A majority of the
Council members shall not be employees of the Department of
Human Services. Current members of the Rehabilitation
Services Council shall serve until members of the newly
created Council are appointed.
The terms of all members appointed before the effective
date of Public Act 88-10 shall expire on July 1, 1993. The
members first appointed under Public Act 88-10 shall be
appointed to serve for staggered terms beginning July 1,
1993, as follows: 7 members shall be appointed for terms of
3 years, 7 members shall be appointed for terms of 2 years,
and 6 members shall be appointed for terms of one year.
Thereafter, all appointments shall be for terms of 3 years.
Vacancies shall be filled for the unexpired term.
Appointments to fill vacancies in unexpired terms and new
terms shall be filled by the Governor or by the Council if
the Governor delegates that power to the Council by executive
order. Members shall serve until their successors are
appointed and qualified. No member, except the
representative of the client assistance program, shall serve
for more than 2 full terms.
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 Council shall meet at least 4 times per year at times
and places designated by the Chairman upon 10 days written
notice to the members. Special meetings may be called by the
Chairperson or 7 members of the Council upon 7 days written
notice to the other members. Nine members shall constitute a
quorum. No member of the Council shall cast a vote on any
matter that would provide direct financial benefit to the
member or otherwise give the appearance of a conflict of
interest under Illinois law.
The Council shall prepare and submit to the vocational
rehabilitation administrator the reports and findings that
the vocational rehabilitation administrator or she may
request or that the Council deems fit. The Council shall
select jointly with the vocational rehabilitation
administrator a pool of qualified persons to serve as
impartial hearing officers. The Council shall, with the
vocational rehabilitation unit in the Department, jointly
develop, agree to, and review annually State goals and
priorities and jointly submit annual reports of progress to
the federal Commissioner of the Rehabilitation Services
Administration.
To the extent that there is a disagreement between the
Council and the unit within the Department of Human Services
responsible for the administration of the vocational
rehabilitation program, regarding the resources necessary to
carry out the functions of the Council as set forth in this
Section, the disagreement shall be resolved by the Governor.
(Source: P.A. 90-453, eff. 8-16-97; 91-239, eff. 1-1-00;
91-540, eff. 8-13-99; revised 8-25-99.)
Section 13. The Department of Agriculture Law of the
Civil Administrative Code of Illinois is amended by
renumbering Section 40.43 and changing Section 205-60 as
follows:
(20 ILCS 205/205-47) (was 20 ILCS 205/40.43)
Sec. 205-47. 40.43. Value Added Agricultural Products.
(a) To expend funds appropriated to the Department of
Agriculture to develop and implement a grant program for
value added agricultural products, to be called the "Illinois
Value-Added Agriculture Enhancement Program". The grants are
to provide 50% of (i) the cost of undertaking feasibility
studies, competitive assessments, and consulting or
productivity services that the Department determines may
result in enhancement of value added agricultural products
and (ii) seed money for new or expanding agribusiness.
(b) "Agribusiness" means any sole proprietorship,
limited partnership, copartnership, joint venture,
corporation, or cooperative that operates or will operate a
facility located within the State of Illinois that is related
to the processing of agricultural commodities (including,
without limitation, the products of aquaculture, hydroponics,
and silviculture) or the manufacturing, production, or
construction of agricultural buildings, structures,
equipment, implements, and supplies, or any other facilities
or processes used in agricultural production. Agribusiness
includes but is not limited to the following:
(1) grain handling and processing, including grain
storage, drying, treatment, conditioning, milling, and
packaging;
(2) seed and feed grain development and processing;
(3) fruit and vegetable processing, including
preparation, canning, and packaging;
(4) processing of livestock and livestock products,
dairy products, poultry and poultry products, fish, or
apiarian products, including slaughter, shearing,
collecting, preparation, canning, and packaging;
(5) fertilizer and agricultural chemical
manufacturing, processing, application, and supplying;
(6) farm machinery, equipment, and implement
manufacturing and supplying;
(7) manufacturing and supplying of agricultural
commodity processing machinery and equipment, including
machinery and equipment used in slaughter, treatment,
handling, collecting, preparation, canning, or packaging
of agricultural commodities;
(8) farm building and farm structure manufacturing,
construction, and supplying;
(9) construction, manufacturing, implementation,
supplying, or servicing of irrigation, drainage, and soil
and water conservation devices or equipment;
(10) fuel processing and development facilities
that produce fuel from agricultural commodities or
by-products;
(11) facilities and equipment for processing and
packaging agricultural commodities specifically for
export;
(12) facilities and equipment for forestry product
processing and supplying, including sawmilling
operations, wood chip operations, timber harvesting
operations, and manufacturing of prefabricated buildings,
paper, furniture, or other goods from forestry products;
and
(13) facilities and equipment for research and
development of products, processes, and equipment for the
production, processing, preparation, or packaging of
agricultural commodities and by-products.
(c) The "Illinois Value-Added Agriculture Enhancement
Program Fund" is created as a special fund in the State
Treasury to provide grants to Illinois' small agribusinesses,
subject to appropriation for that purpose. Each grant
awarded under this program shall provide funding for up to
50% of the cost of (i) the development of valued added
agricultural products or (ii) seed money for new or expanding
agribusiness, not to exceed 50% of appropriated funds.
Notwithstanding the other provisions of this paragraph, the
fund shall not be used to provide seed money to an Illinois
small agribusiness for the purpose of compliance with the
provisions of the Livestock Management Facilities Act.
(d) For the purposes of this Section, "Illinois small
agribusiness" means a "small business concern" as defined in
Title 15 United States Code, Section 632, that primarily
conducts its business in Illinois.
(e) The Department shall make such rules and regulations
as may be necessary to carry out its statutory duties. Among
other duties, the Department, through the program, may do all
of the following:
(1) Make and enter into contracts, including but
not limited to making grants specified by the General
Assembly pursuant to appropriations by the General
Assembly from the Illinois Value-Added Agriculture
Enhancement Program Fund, and generally to do all such
things as, in its judgment, may be necessary, proper, and
expedient in accomplishing its duties.
(2) Provide for, staff, and administer a program in
which the Department shall plan and coordinate State
efforts designed to aid and stimulate the development of
value-added agribusiness.
(3) Make grants on the terms and conditions that
the Department shall determine, except that no grant made
under the provisions of this item (3) shall exceed 50% of
the direct costs.
(4) Act as the State Agriculture Planning Agency,
and accept and use planning grants or other financial
assistance from the federal government (i) for statewide
comprehensive planning work including research and
coordination activity directly related to agriculture
needs; and (ii) for state and inter-state comprehensive
planning and research and coordination activity related
thereto. All such grants shall be subject to the terms
and conditions prescribed by the federal government.
(f) The Illinois Value-Added Agricultural Enhancement
Fund is subject to the provisions of the Illinois Grant Funds
Recovery Act (GFRA).
(Source: P.A. 91-560, eff. 8-14-99; revised 10-25-99.)
(20 ILCS 205/205-60) (was 20 ILCS 205/40.35)
Sec. 205-60. Aquaculture. The Department has the power
to develop and implement a program to promote aquaculture and
to make grants to an aquaculture cooperative in this State
pursuant to the Aquaculture Development Act, to promulgate
the necessary rules and regulations, and to cooperate with
and seek the assistance of the Department of Natural
Resources and the Department of Transportation in the
implementation and enforcement of that Act.
(Source: P.A. 91-239, eff. 1-1-00; 91-530, eff. 8-13-99;
revised 10-25-99.)
Section 13.5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 10-45 as
follows:
(20 ILCS 301/10-45)
Sec. 10-45. Membership. The Board shall consist of 16
members:
(a) The Director of Aging.
(b) The State Superintendent of Education.
(c) The Director of Corrections.
(d) The Director of State Police.
(e) The Director of Professional Regulation.
(f) (Blank).
(g) The Director of Children and Family Services.
(h) (Blank).
(i) The Director of Public Aid.
(j) The Director of Public Health.
(k) The Secretary of State.
(l) The Secretary of Transportation.
(m) The Director of Insurance.
(n) The Director of the Administrative Office of
the Illinois Courts.
(o) The Chairman of the Board of Higher Education.
(p) The Director of Revenue.
(q) The Executive Director of the Criminal Justice
Information Authority.
(r) A chairman who shall be appointed by the
Governor for a term of 3 years.
Each member may designate a representative to serve in his or
her place by written notice to the Department.
(Source: P.A. 88-80; 89-507, eff. 7-1-97; revised 2-23-00.)
Section 15. The Department of Children and Family
Services Powers Law of the Civil Administrative Code of
Illinois is amended by changing Section 510-5 as follows:
(20 ILCS 510/510-5)
Sec. 510-5. Definition. As used in this Article 510 30,
"Department" means the Department of Children and Family
Services.
(Source: P.A. 91-239, eff. 1-1-00; revised 11-5-99.)
Section 16. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-55, 605-385, 605-415,
605-615, 605-705, 605-850, 605-855, 605-860, and 605-940 and
renumbering Sections 46.19k, 46.34a, 46.34b, 46.70, 46.71,
and 46.76 as follows:
(20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
Sec. 605-55. Contracts and other acts to accomplish
Department's duties. To make and enter into contracts,
including but not limited to making grants and loans to units
of local government, private agencies as defined in the
Illinois State Auditing Act, non-profit corporations,
educational institutions, and for-profit businesses as
authorized pursuant to appropriations by the General Assembly
from the Build Illinois Bond Fund, the Build Illinois
Purposes Fund, the Fund for Illinois' Future, the Capital
Development Fund, and the General Revenue Fund, and generally
to do all things that, in its judgment, may be necessary,
proper, and expedient in accomplishing its duties.
(Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00;
revised 8-3-99.)
(20 ILCS 605/605-111) (was 20 ILCS 605/46.34a)
Sec. 605-111. Transfer relating to the Illinois Main
Street Program. 46.34a. To assume from the Office of the
Lieutenant Governor on July 1, 1999, all personnel, books,
records, papers, documents, property both real and personal,
and pending business in any way pertaining to the Illinois
Main Street Program. All personnel transferred pursuant to
this Section shall receive certified status under the
Personnel Code.
(Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.)
(20 ILCS 605/605-112) (was 20 ILCS 605/46.34b)
Sec. 605-112. Transfer relating to the State Data
Center. 46.34b. To assume from the Executive Office of the
Governor, Bureau of the Budget, on July 1, 1999, all
personnel, books, records, papers, documents, property both
real and personal, and pending business in any way pertaining
to the State Data Center, established pursuant to a
Memorandum of Understanding entered into with the Census
Bureau pursuant to 15 U.S.C. Section 1525. All personnel
transferred pursuant to this Section shall receive certified
status under the Personnel Code.
(Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.)
(20 ILCS 605/605-323) (was 20 ILCS 605/46.76)
Sec. 605-323. 46.76. Energy Assistance Contribution
Fund.
(a) The Department may accept gifts, grants, awards,
matching contributions, interest income, appropriations, and
cost sharings from individuals, businesses, governments, and
other third-party sources, on terms that the Director deems
advisable, to assist eligible households, businesses,
industries, educational institutions, hospitals, health care
facilities, and not-for-profit entities to obtain and
maintain reliable and efficient energy related services, or
to improve the efficiency of such services.
(b) The Energy Assistance Contribution Fund is created
as a special fund in the State Treasury, and all moneys
received under this Section shall be deposited into that
Fund. Moneys in the Energy Assistance Contribution Fund may
be expended for purposes consistent with the conditions under
which those moneys are received, subject to appropriations
made by the General Assembly for those purposes.
(Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.)
(20 ILCS 605/605-385) (was 20 ILCS 605/46.62)
Sec. 605-385. Technology Challenge Grant Program;
Illinois Advanced Technology Enterprise Development and
Investment Program. To establish and administer a Technology
Challenge Grant Program and an Illinois Technology Enterprise
Development and Investment Program as provided by the
Technology Advancement and Development Act and to expend
appropriations in accordance therewith.
(Source: P.A. 91-239, eff. 1-1-00; 91-476, eff. 8-11-99;
revised 10-20-99.)
(20 ILCS 605/605-415)
Sec. 605-415. Job Training and Economic Development
Grant Program.
(a) Legislative findings. The General Assembly finds
that:
(1) Despite the large number of unemployed job
seekers, many employers are having difficulty matching
the skills they require with the skills of workers; a
similar problem exists in industries where overall
employment may not be expanding but there is an acute
need for skilled workers in particular occupations.
(2) The State of Illinois should foster local
economic development by linking the job training of
unemployed disadvantaged citizens with the workforce
needs of local business and industry.
(3) Employers often need assistance in developing
training resources that will provide work opportunities
for disadvantaged populations.
(b) Definitions. As used in this Section:
"Community based provider" means a not-for-profit
organization, with local boards of directors, that directly
provides job training services.
"Disadvantaged persons" has the same meaning as in Titles
II-A and II-C of the federal Job Training Partnership Act.
"Training partners" means a community-based provider and
one or more employers who have established training and
placement linkages.
(c) From funds appropriated for that purpose, the
Department of Commerce and Community Affairs shall administer
a Job Training and Economic Development Grant Program. The
Director shall make grants to community-based providers. The
grants shall be made to support the following:
(1) Partnerships between community-based providers
and employers for the customized training of existing
low-skilled, low-wage employees and newly hired
disadvantaged persons.
(2) Partnerships between community-based providers
and employers to develop and operate training programs
that link the work force needs of local industry with the
job training of disadvantaged persons.
(d) For projects created under paragraph (1) of
subsection (c):
(1) The Department shall give a priority to
projects that include an in-kind match by an employer in
partnership with a community-based provider and projects
that use instructional materials and training instructors
directly used in the specific industry sector of the
partnership employer.
(2) The partnership employer must be an active
participant in the curriculum development and train
primarily disadvantaged populations.
(e) For projects created under paragraph (2) of
subsection (c):
(1) Community based organizations shall assess the
employment barriers and needs of local residents and work
in partnership with local economic development
organizations to identify the priority workforce needs of
the local industry.
(2) Training partners (that is, community-based
organizations and employers) shall work together to
design programs with maximum benefits to local
disadvantaged persons and local employers.
(3) Employers must be involved in identifying
specific skill-training needs, planning curriculum,
assisting in training activities, providing job
opportunities, and coordinating job retention for people
hired after training through this program and follow-up
support.
(4) The community-based organizations shall serve
disadvantaged persons, including welfare recipients.
(f) The Department shall adopt rules for the grant
program and shall create a competitive application procedure
for those grants to be awarded beginning in fiscal year 1998.
Grants shall be based on a performance based contracting
system. Each grant shall be based on the cost of providing
the training services and the goals negotiated and made a
part of the contract between the Department and the training
partners. The goals shall include the number of people to be
trained, the number who stay in the program, the number who
complete the program, the number who enter employment, their
wages, and the number who retain employment. The level of
success in achieving employment, wage, and retention goals
shall be a primary consideration for determining contract
renewals and subsequent funding levels. In setting the
goals, due consideration shall be given to the education,
work experience, and job readiness of the trainees; their
barriers to employment; and the local job market. Periodic
payments under the contracts shall be based on the degree to
which the relevant negotiated goals have been met during the
payment period.
(Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98;
90-758, eff. 8-14-98; 91-34, eff. 7-1-99; 91-239, eff.
1-1-00; revised 8-3-99.)
(20 ILCS 605/605-512) (was 20 ILCS 605/46.70)
(Section scheduled to be repealed on December 31, 2004)
Sec. 605-512. 46.70. Small business incubator grants.
(a) Subject to availability of funds in the Small
Business Incubator Fund, the Director of Commerce and
Community Affairs may make grants to eligible small business
incubators in an amount not to exceed 50% of State income
taxes paid in the previous calendar year by qualified tenant
businesses subject to the restrictions of this Section.
(b) There is created a special fund in the State
Treasury known as the Small Business Incubator Fund. The
money in the Fund may be used only for making grants under
subsection (a) of this Section. The Department of Revenue
shall certify by March 1 of each year to the General
Assembly the amount of State income taxes paid by qualified
tenant businesses in the previous year. The Department of
Revenue may, by rule, prescribe forms necessary to identify
qualified tenant businesses under this Section. An amount
equal to 50% of the amount certified by the Department of
Revenue shall be appropriated into the Fund annually.
(c) Eligible small business incubators that receive a
grant under this Section may use the grant only for capital
improvements on the building housing the eligible small
business incubator. Each small business incubator shall be
eligible for a grant equal to no more than 50% of the amount
of State income taxes paid in the previous year by qualified
tenant businesses of the small business incubator, minus
administrative costs. The eligible small business incubator
must keep written records of the use of the grant money for a
period of 5 years from disbursement.
(d) By April 1 of each year, an eligible small business
incubator may apply for a grant under this Section on forms
developed by the Department. The Department may require
applicants to provide proof of eligibility. Upon review of
the applications, the Director of Commerce and Community
Affairs shall approve or disapprove the application. At the
start of each fiscal year or upon approval of the budget for
that fiscal year, whichever is later, the Director shall
determine the amount of funds available for grants under this
Section and shall then approve the grants.
(e) For purposes of this Section:
(1) "Eligible small business incubator" means an
entity that is dedicated to the successful development of
entrepreneurial companies, has a specific written policy
identifying requirements for a business "to graduate"
from the incubator, either owns or leases real estate in
which qualified tenant businesses operate, and provides
all of the following services: management guidance,
rental spaces, shared basic business equipment,
technology support services, and assistance in obtaining
financing.
(2) "Qualified tenant business" means a business
that currently leases space from an eligible small
business incubator, is less than 5 years old, and either
has not fulfilled the eligible small business incubator's
graduation requirements or has fulfilled these
requirements within the last 5 years.
(f) Five percent of the amount that is appropriated
annually into the Small Business Incubator Fund shall be
allotted to the Department of Commerce and Community Affairs
for the purpose of administering, overseeing, and evaluating
the grant process and outcome.
(g) This Section is repealed on December 31, 2004.
The evaluation of the effectiveness of the grant process
and subsequent outcome of job and business creation shall
recommend the continuation or the repeal of this Section and
shall be submitted to the Governor and the General Assembly
before December 31, 2003.
(Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.)
(20 ILCS 605/605-550) (was 20 ILCS 605/46.71)
Sec. 605-550. 46.71. Model domestic violence and sexual
assault employee awareness and assistance policy.
(a) The Department shall convene a task force including
members of the business community, employees, employee
organizations, representatives from the Department of Labor,
and directors of domestic violence and sexual assault
programs, including representatives of statewide advocacy
organizations for the prevention of domestic violence and
sexual assault, to develop a model domestic violence and
sexual assault employee awareness and assistance policy for
businesses.
The Department shall give due consideration to the
recommendations of the Governor, the President of the Senate,
and the Speaker of the House of Representatives for
participation by any person on the task force, and shall make
reasonable efforts to assure regional balance in membership.
(b) The purpose of the model employee awareness and
assistance policy shall be to provide businesses with the
best practices, policies, protocols, and procedures in order
that they ascertain domestic violence and sexual assault
awareness in the workplace, assist affected employees, and
provide a safe and helpful working environment for employees
currently or potentially experiencing the effects of domestic
violence or sexual assault. The model plan shall include but
not be limited to:
(1) the establishment of a definite corporate
policy statement recognizing domestic violence and sexual
assault as workplace issues as well as promoting the need
to maintain job security for those employees currently
involved in domestic violence or sexual assault disputes;
(2) policy and service publication requirements,
including posting these policies and service availability
pamphlets in break rooms, on bulletin boards, and in
restrooms, and transmitting them through other
communication methods;
(3) a listing of current domestic violence and
sexual assault community resources such as shelters,
crisis intervention programs, counseling and case
management programs, and legal assistance and advocacy
opportunities for affected employees;
(4) measures to ensure workplace safety including,
where appropriate, designated parking areas, escort
services, and other affirmative safeguards;
(5) training programs and protocols designed to
educate employees and managers in how to recognize,
approach, and assist employees experiencing domestic
violence or sexual assault, including both victims and
batterers; and
(6) other issues as shall be appropriate and
relevant for the task force in developing the model
policy.
(c) The model policy shall be reviewed by the task force
to assure consistency with existing law and shall be made the
subject of public hearings convened by the Department
throughout the State at places and at times which are
convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as
necessary to reflect concerns raised at the hearings. If
approved by the task force, the model policy shall be
provided as approved with explanation of its provisions to
the Governor and the General Assembly not later than one year
after the effective date of this amendatory Act of the 91st
General Assembly. The Department shall make every effort to
notify businesses of the availability of the model domestic
violence and sexual assault employee awareness and assistance
policy.
(d) The Department, in consultation with the task force,
providers of services, the advisory council, the Department
of Labor, and representatives of statewide advocacy
organizations for the prevention of domestic violence and
sexual assault, shall provide technical support, information,
and encouragement to businesses to implement the provisions
of the model.
(e) Nothing contained in this Section shall be deemed to
prevent businesses from adopting their own domestic violence
and sexual assault employee awareness and assistance policy.
(f) The Department shall survey businesses within 4
years of the effective date of this amendatory Act of the
91st General Assembly to determine the level of model policy
adoption amongst businesses and shall take steps necessary to
promote the further adoption of such policy.
(Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.)
(20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
Sec. 605-615. Assistance with exports. The Department
shall have the following duties and responsibilities in
regard to the Civil Administrative Code of Illinois:
(1) To establish or cosponsor mentoring conferences,
utilizing experienced manufacturing exporters, to explain and
provide information to prospective export manufacturers and
businesses concerning the process of exporting to both
domestic and international opportunities.
(2) To provide technical assistance to prospective
export manufacturers and businesses seeking to establish
domestic and international export opportunities.
(3) To coordinate with the Department's Small Business
Development Centers to link buyers with prospective export
manufacturers and businesses.
(4) To promote, both domestically and abroad, products
made in Illinois in order to inform and advise consumers and
buyers of their high quality standards and craftsmanship.
(5) To provide technical assistance toward establishment
of export trade corporations in the private sector.
(6) To develop an electronic data base to compile
information on international trade and investment activities
in Illinois companies, provide access to research and
business opportunities through external data bases, and
connect this data base through international communication
systems with appropriate domestic and worldwide networks
users.
(7) To collect and distribute to foreign commercial
libraries directories, catalogs, brochures, and other
information of value to foreign businesses considering doing
business in this State.
(8) To establish an export finance awareness program to
provide information to banking organizations about methods
used by banks to provide financing for businesses engaged in
exporting and about other State and federal programs to
promote and expedite export financing.
(9) To undertake a survey of Illinois' businesses to
identify exportable products and the businesses interested in
exporting.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-5-99.)
(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
Sec. 605-705. Grants to local tourism and convention
bureaus.
(a) To establish a grant program for local tourism and
convention bureaus. The Department will develop and
implement a program for the use of funds, as authorized under
this Act, by local tourism and convention bureaus. For the
purposes of this Act, bureaus eligible to receive funds are
defined as those bureaus in legal existence as of January 1,
1985 that are either a unit of local government or
incorporated as a not-for-profit organization, are affiliated
with at least one municipality or county, and employ one full
time staff person whose purpose is to promote tourism. Each
bureau receiving funds under this Act will be certified by
the Department as the designated recipient to serve an area
of the State. These funds may not be used in support of the
Chicago World's Fair.
(b) To distribute grants to local tourism and convention
bureaus from appropriations made from the Local Tourism Fund
for that purpose. Of the amounts appropriated annually to
the Department for expenditure under this Section, one-third
of those monies shall be used for grants to convention and
tourism bureaus in cities with a population greater than
500,000. The remaining two-thirds of the annual
appropriation shall be used for grants to convention and
tourism bureaus in the remainder of the State, in accordance
with a formula based upon the population served. The
Department may reserve up to 10% of the total appropriated to
conduct audits of grants, to provide incentive funds to those
bureaus that will conduct promotional activities designed to
further the Department's statewide advertising campaign, to
fund special statewide promotional activities, and to fund
promotional activities that support an increased use of the
State's parks or historic sites.
(Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
91-357, eff. 7-29-99; revised 8-4-99.)
(20 ILCS 605/605-817) (was 20 ILCS 605/46.19k)
Sec. 605-817. 46.19k. Family loan program.
(a) From amounts appropriated for such purpose, the
Department in consultation with the Department of Human
Services shall solicit proposals to establish programs to be
known as family loan programs. Such programs shall provide
small, no-interest loans to custodial parents with income
below 200% of the federal poverty level an who are working or
enrolled in a post-secondary education program, to aid in
covering the costs of unexpected expenses that could
interfere with their ability to maintain employment or
continue education. Loans awarded through a family loan
program may be paid directly to a third party on behalf of a
loan recipient and in either case shall not constitute income
or resources for the purposes of public assistance and care
so long as the funds are used for the intended purpose.
(b) The Director shall enter into written agreements
with not-for-profit organizations or local government
agencies to administer loan pools. Agreements shall be
entered into with no more than 4 organizations or agencies,
no more than one of which shall be located in the city of
Chicago.
(c) Program sites shall be approved based on the
demonstrated ability of the organization or governmental
agency to secure funding from private or public sources
sufficient to establish a loan pool to be maintained through
repayment agreements entered into by eligible low-income
families. Funds awarded by the Department to approved
program sites shall be used for the express purposes of
covering staffing and administration costs associated with
administering the loan pool.
(Source: P.A. 91-372, eff. 1-1-00; revised 8-11-99.)
(20 ILCS 605/605-850) (was 20 ILCS 605/46.32a in part)
Sec. 605-850. Labor-management-community relations;
Labor-Management-Community Labor-Management Cooperation
Committee.
(a) Because economic development investment programs
must be supplemented with efforts to maintain a skilled,
stable, and diverse workforce able to meet the needs of new
and growing business enterprises, the Department shall
promote better labor-management-community and government
operations by providing assistance in the development of
local labor-management-community committees and coalitions
established to address employment issues facing families and
by helping Illinois current and prospective employers attract
and retain a diverse and productive workforce through the
promotion and support of dependent care policies and programs
in the workplace and community.
(b) In the Department there shall be a
Labor-Management-Community Cooperation Committee composed of
18 public members appointed by the Governor with the advice
and consent of the Senate. Six members shall represent
executive level management of businesses, 6 members shall
represent major labor union leadership, and 6 members shall
represent community leadership. The Governor shall designate
one 1 business representative and one 1 labor representative
as cochairmen. Appointed members shall not be represented at
a meeting by another person. There shall be 9 ex officio
nonvoting members: the Director, who shall serve as
Secretary, the Director of Labor, the Secretary of Human
Services, the Director of Public Health, the Director of
Employment Security, 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. Each ex officio member shall serve during
the term of his or her office. Ex officio members may be
represented by duly authorized substitutes.
In making the initial public member appointments to the
Committee, 3 of the business representatives and 3 of the
labor union representatives shall be appointed for terms
expiring July 1, 1987. The remaining public members shall be
appointed for terms expiring July 1, 1988. The public
members appointed under this amendatory Act of the 91st
General Assembly shall be divided into 2 groups with the
first group having terms that expire on July 1, 2002 and the
second group having terms that expire on July 1, 2003.
Thereafter, public members of the Committee shall be
appointed for terms of 2 years expiring on July 1, or until
their successors are appointed and qualified. The Governor
may at any time, with the advice and consent of the Senate,
make appointments to fill vacancies for the balance of an
unexpired term. Public members shall serve without
compensation but shall be reimbursed by the Department for
necessary expenses incurred in the performance of their
duties. The Department shall provide staff assistance to the
Committee.
(c) The Committee shall have the following duties:
(1) To improve communications between labor,
management, and communities on significant economic
problems facing the State, especially with respect to
identifying new ways to attract and retain employees and
provide an environment in which employees can do their
best work.
(2) To encourage and support the development of
local labor, management, and community committees at the
plant, industry and area levels across the State and
encourage and support the development of local coalitions
to support the implementation of family-friendly policies
in the workplace.
(3) To assess the progress of area
labor-management-community committees and local
coalitions that have been formed across the State and
provide input to the Governor and General Assembly
concerning grant programs established in this Act.
(4) To convene a statewide conference on
labor-management-community concerns at least once every 2
years and to convene a series of regional work, family,
and community planning conferences throughout the State
for employers, unions, and community leaders to form
local coalitions to share information, pool resources,
and address work and family concerns in their own
communities.
(5) To issue a report on labor-management-community
and employment-related family concerns to the Governor
and the General Assembly every 2 years. This report
shall outline the accomplishments of the Committee and
specific recommendations for improving statewide
labor-management-community relations and supporting the
adoption of family-friendly work practices throughout the
State.;
(6) To advise the Department on dependent care and
other employment-related family initiatives.; and
(7) To advise the Department on other initiatives
to foster maintenance and development of productive,
stable, and diverse workforces to supplement and advance
community and State investment-based economic development
programs.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
91-476, eff. 8-11-99; revised 10-20-99.)
(20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part)
Sec. 605-855. Grants to local coalitions and
labor-management-community labor-management committees.
(a) The Director, with the advice of the
Labor-Management-Community Cooperation Committee, shall have
the authority to provide grants to employee coalitions or
other coalitions that enhance or promote work and family
programs and address specific community concerns, and to
provide matching grants, grants, and other resources to
establish or assist area labor-management-community
committees and other projects that serve to enhance
labor-management-community relations. The Department shall
have the authority, with the advice of the
Labor-Management-Community Cooperation Committee, to award
grants or matching grants in the following 4 areas as
provided in subsections (b) through (g) (e).
(b) To provide 60% Matching grants to existing local
labor-management-community committees. To be eligible for
matching grants pursuant to this subsection, local
labor-management-community committees shall meet all of the
following criteria:
(1) Be a formal, not-for-profit organization
structured for continuing service with voluntary
membership.
(2) Be composed of labor, management, and community
representatives.
(3) Service a distinct and identifiable geographic
region.
(4) Be staffed by a professional chief executive
officer.
(5) Have been established with the Department for
at least 2 years.
(6) Operate in compliance with rules set forth by
the Department with the advice of the
Labor-Management-Community Cooperation Committee.
(7) Ensure that their efforts and activities are
coordinated with relevant agencies, including but not
limited to the following:
Department of Commerce and Community Affairs
Illinois Department of Labor
Economic development agencies
Planning agencies
Colleges, universities, and community colleges
U.S. Department of Labor
Statewide Job Training Partnership Act entities
or entities under any successor federal workforce
training and development legislation.
Further, the purpose of the local
labor-management-community committees will include, but not
be limited to, the following:
(i) (8) Enhancing the positive
labor-management-community relationship within the State,
region, community, and/or work place.
(ii) (9) Assisting in the retention, expansion, and
attraction of businesses and jobs within the State
through special training programs, gathering and
disseminating information, and providing assistance in
local economic development efforts as appropriate.
(iii) (10) Creating and maintaining a regular
nonadversarial forum for ongoing dialogue between labor,
management, and community representatives to discuss and
resolve issues of mutual concern outside the realm of the
traditional collective bargaining process.
(iv) (11) Acting as an intermediary for initiating
local programs between unions and employers that would
generally improve economic conditions in a region.
(v) (12) Encouraging, assisting, and facilitating
the development of work-site and industry
labor-management-community committees in the region.
Any local labor-management-community committee meeting
these criteria may apply to the Department for annual
matching grants, provided that the local committee
contributes at least 25% in matching funds, of which no more
than 50% shall be "in-kind" services. Funds received by a
local committee pursuant to this subsection shall be used for
the ordinary operating expenses of the local committee.
(c) To provide 20% Matching grants to local
labor-management-community committees that do not meet all of
the eligibility criteria set forth in subsection (b).
However, to be eligible to apply for a grant under this
subsection (c), the local labor-management-community
committee, at a minimum, shall meet all of the following
criteria:
(1) Be composed of labor, management, and community
representatives.
(2) Service a distinct and identifiable geographic
region.
(3) Operate in compliance with the rules set forth
by the Department with the advice of the
Labor-Management-Community Cooperation Committee.
(4) Ensure that its efforts and activities are
directed toward enhancing the labor-management-community
relationship within the State, region, community, and/or
work place.
Any local labor-management-community committee meeting
these criteria may apply to the Department for an annual
matching grant, provided that the local committee contributes
at least 25% in matching funds of which no more than 50%
shall be "in-kind" services. Funds received by a local
committee pursuant to this subsection (c) shall be used for
the ordinary and operating expenses of the local committee.
Eligible committees shall be limited to 3 years of funding
under this subsection. With respect to those committees
participating in this program prior to enactment of this
amendatory Act of 1988 that fail to qualify under paragraph
(1) of this subsection (c), previous years' funding shall be
counted in determining whether those committees have reached
their funding limit under this subsection (c) paragraph (2).
(d) To provide 10% Grants to develop and conduct
specialized education and training programs of direct benefit
to representatives of labor, management,
labor-management-community committees and/or their staff.
The type of education and training programs to be developed
and offered will be determined and prioritized annually by
the Department, with the advice of the
Labor-Management-Community Cooperation Committee. The
Department will develop and issue an annual request for
proposals detailing the program specifications.
(e) To provide 10% Grants for research and development
projects related to labor-management-community or
employment-related family issues. The Department, with the
advice of the Labor-Management-Community Cooperation
Committee, will develop and prioritize annually the type and
scope of the research and development projects deemed
necessary.
(f) (5) To provide Grants of up to a maximum of $5,000
to support the planning of regional work, family, and
community planning conferences that will be based on specific
community concerns.
(g) (6) To provide Grants to initiate or support
recently created employer-led coalitions to establish pilot
projects that promote the understanding of the work and
family issues and support local workforce dependent care
services.
(h) (f) The Department is authorized to establish
applications and application procedures and promulgate any
rules deemed necessary in the administration of the grants.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
91-476, eff. 8-11-99; revised 10-20-99.)
(20 ILCS 605/605-860) (was 20 ILCS 605/46.32a in part)
Sec. 605-860. Office of Work and Family Issues Labor
Management Corporation. To administer the grant programs
created by this Law, the Department shall establish an Office
of Work and Family Issues. The purpose of this office shall
include, but not be limited to the following:
(1) To administer the grant programs, including
developing grant applications and requests for proposals,
program monitoring, and evaluation.
(2) To serve as State liaison with other state,
regional, and national organizations devoted to promoting
labor-management-community cooperation and
employment-related family issues; and to disseminate
pertinent information secured through these State,
regional, and national affiliations to local
labor-management-community committees, the
Labor-Management-Community Cooperation Committee,
employer coalitions, Illinois Employment and Training
Centers, and other interested parties throughout the
State.
(3) To provide technical assistance to area,
industry, or work-site labor-management-community
committees as requested.
(4) To serve as a clearinghouse for information
related to labor-management-community cooperation.
(5) To serve as a catalyst to developing and
strengthening a partnership among local, State, regional,
and national organizations and agencies devoted to
enhancing labor-management-community cooperation and
employment-related family issues.
(6) To provide any other programs or services that
enhance labor-management-community cooperation or that
may promote the adoption of family-friendly workplace
practices at companies located within the State of
Illinois as determined by the Director with the advice of
the Labor-Management-Community Cooperation Committee.
(7) To establish an Illinois Work and Family
Clearinghouse to disseminate best-practice work and
family policies and practices throughout the State,
including through the Illinois Employment and Training
Centers; to provide and develop a computerized database
listing dependent care information and referral services;
to help employers by providing information about options
for dependent care assistance;, to conduct and compile
research on elder care, child care, and other
employment-related family issues in Illinois; and to
compile and disseminate any other information or services
that support the adoption of family-friendly workplace
practices at companies located in the State.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
91-467, eff. 8-11-99; revised 10-20-99.)
(20 ILCS 605/605-940) (was 20 ILCS 605/46.37)
Sec. 605-940. Clearing house for local government
problems; aid with financial and administrative matters. The
Department shall provide for a central clearing house for
information concerning local government problems and various
solutions to those problems and shall assist and aid local
governments of the State in matters relating to budgets,
fiscal procedures, and administration. In performing this
responsibility the Department shall have the power and duty
to do the following:
(1) Maintain communication with all local
governments and assist them, at their request, to improve
their administrative procedures and to facilitate
improved local government and development.
(2) Assemble and disseminate information concerning
State and federal programs, grants, gifts, and subsidies
available to local governments and to provide counsel and
technical services and other assistance in applying for
those programs, grants, gifts, and subsidies.
(3) Assist in coordinating activities by obtaining
information, on forms provided by the Department or by
receipt of proposals and applications, concerning State
and federal assisted programs, grants, gifts, and
subsidies applied for and received by all local
governments.
(4) Provide direct consultative services to local
governments upon request and provide staff services to
special commissions, the Governor, or the General
Assembly or its committees.
(5) Render advice and assistance with respect to
the establishment and maintenance of programs for the
training of local government officials and other
personnel.
(6) Act as the official State agency for the
receipt and distribution of federal funds that are or may
be provided to the State on a flat grant basis for
distribution to local governments or in the event federal
law requires a State agency to implement programs
affecting local governments and for State funds that are
or may be provided for the use of local governments
unless otherwise provided by law.
(7) Administer laws relating to local government
affairs as the General Assembly may direct.
(8) Provide all advice and assistance to improve
local government administration, ensure the economical
and efficient provision of local government services, and
make the Civil Administrative Code of Illinois effective.
(9) Give advice and counsel on fiscal problems of
local governments of the State to those local
governments.
(10) Prepare uniform budgetary forms for use by the
local governments of the State.
(11) Assist and advise the local governments of the
State in matters pertaining to budgets, appropriation
requests and ordinances, the determination of property
tax levies and rates, and other matters of a financial
nature.
(12) Be a repository for financial reports and
statements required by law of local governments of the
State, and publish financial summaries of those reports
and statements.
(13) (Blank).
(14) Prepare proposals and advise on the investment
of idle local government funds.
(15) Administer the program of grants, loans, and
loan guarantees under the federal Public Works and
Economic Development Act of 1965, 42 U.S.C. 3121 and
following, and receive and disburse State and federal
funds provided for that program and moneys received as
repayments of loans made under the program.
(16) After January 1, 1985, upon the request of
local governments, prepare and provide model financial
statement forms designed to communicate to taxpayers,
service consumers, voters, government employees, and news
media, in a non-technical manner, all significant
financial information regarding a particular local
government, and to prepare and provide to local
governments a summary of local governments' obligations
concerning the adoption of an annual operating budget.
The summary shall be set forth in a non-technical manner
and shall be designed principally for distribution to,
and the use of, taxpayers, service consumers, voters,
government employees, and news media.
(Source: P.A. 91-239, eff. 1-1-00; 91-583, eff. 1-1-00;
revised 10-26-99.)
Section 16.5. The Illinois Enterprise Zone Act is
amended by changing Section 5.3 as follows:
(20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
Sec. 5.3. Certification of Enterprise Zones; Effective
date.
(a) Approval of designated Enterprise Zones shall be
made by the Department by certification of the designating
ordinance. The Department shall promptly issue a certificate
for each Enterprise Zone upon its approval. The certificate
shall be signed by the Director of the Department, shall make
specific reference to the designating ordinance, which shall
be attached thereto, and shall be filed in the office of the
Secretary of State. A certified copy of the Enterprise Zone
Certificate, or a duplicate original thereof, shall be
recorded in the office of recorder of deeds of the county in
which the Enterprise Zone lies.
(b) An Enterprise Zone shall be effective upon its
certification. The Department shall transmit a copy of the
certification to the Department of Revenue, and to the
designating municipality or county.
Upon certification of an Enterprise Zone, the terms and
provisions of the designating ordinance shall be in effect,
and may not be amended or repealed except in accordance with
Section 5.4.
(c) An Enterprise Zone shall be in effect for 30
calendar years, or for a lesser number of years specified in
the certified designating ordinance. Enterprise Zones shall
terminate at midnight of December 31 of the final calendar
year of the certified term, except as provided in Section
5.4. In Vermilion County, however, an enterprise zone shall
be in effect for 30 calendar years or for a lesser number of
years specified in the certified designating ordinance. The
Whiteside County/Carroll County Enterprise Zone, however,
solely with respect to industrial purposes and uses, shall be
in effect for 30 calendar years or for a lesser number of
years specified in the certified designating ordinance.
(d) No more than 12 Enterprise Zones may be certified by
the Department in calendar year 1984, no more than 12
Enterprise Zones may be certified by the Department in
calendar year 1985, no more than 13 Enterprise Zones may be
certified by the Department in calendar year 1986, no more
than 15 Enterprise Zones may be certified by the Department
in calendar year 1987, and no more than 20 Enterprise Zones
may be certified by the Department in calendar year 1990. In
other calendar years, no more than 13 Enterprise Zones may be
certified by the Department. The Department may also
designate up to 8 additional Enterprise Zones outside the
regular application cycle if warranted by the extreme
economic circumstances as determined by the Department. The
Department may also designate one additional Enterprise Zone
outside the regular application cycle if an aircraft
manufacturer agrees to locate an aircraft manufacturing
facility in the proposed Enterprise Zone. Notwithstanding
any other provision of this Act, no more than 89 Enterprise
Zones may be certified by the Department for the 10 calendar
years commencing with 1983. The 7 additional Enterprise Zones
authorized by Public Act 86-15 shall not lie within
municipalities or unincorporated areas of counties that abut
or are contiguous to Enterprise Zones certified pursuant to
this Section prior to June 30, 1989. The 7 additional
Enterprise Zones (excluding the additional Enterprise Zone
which may be designated outside the regular application
cycle) authorized by Public Act 86-1030 shall not lie within
municipalities or unincorporated areas of counties that abut
or are contiguous to Enterprise Zones certified pursuant to
this Section prior to February 28, 1990. In any calendar
year, the Department may not certify more than 3 Zones
located within the same municipality. The Department may
certify Enterprise Zones in each of the 10 calendar years
commencing with 1983. The Department may not certify more
than a total of 18 Enterprise Zones located within the same
county (whether within municipalities or within
unincorporated territory) for the 10 calendar years
commencing with 1983. Thereafter, the Department may not
certify any additional Enterprise Zones, but may amend and
rescind certifications of existing Enterprise Zones in
accordance with Section 5.4.
(e) Notwithstanding any other provision of law, if (i)
the county board of any county in which a current military
base is located, in part or in whole, or in which a military
base that has been closed within 20 years of the effective
date of this amendatory Act of 1998 is located, in part or in
whole, adopts a designating ordinance in accordance with
Section 5 of this Act to designate the military base in that
county as an enterprise zone and (ii) the property otherwise
meets the qualifications for an enterprise zone as prescribed
in Section 4 of this Act, then the Department may certify the
designating ordinance or ordinances, as the case may be.
(Source: P.A. 90-657, eff. 7-30-98; 91-567, eff. 8-14-99;
91-937, eff. 1-11-01; revised 1-15-01.)
Section 17. The Department of Employment Security Law of
the Civil Administrative Code of Illinois is amended by
changing Sections 1005-110 and 1005-130 as follows:
(20 ILCS 1005/1005-110) (was 20 ILCS 1005/44a)
Sec. 1005-110. Board of Review. The Board of Review in
the Department shall exercise all powers and be subject to
all duties conferred or imposed upon the Board by the
provisions of the Unemployment Insurance Act, in its own name
and without any direction, supervision, or control by the
Director.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-5-99.)
(20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
Sec. 1005-130. Exchange of information for child support
enforcement.
(a) The Department has the power to exchange with the
Illinois Department of Public Aid information that may be
necessary for the enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) Notwithstanding any provisions in the Civil
Administrative Code of Illinois to the contrary, the
Department of Employment Security shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under subsection (a) or for any
other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
91-613, eff. 10-1-99; revised 8-5-99.)
Section 18. The Department of Insurance Law of the Civil
Administrative Code of Illinois is amended by renumbering
Section 56.3 (as added by Public Act 91-406) as follows:
(20 ILCS 1405/1405-20) (was 20 ILCS 1405/56.3)
Sec. 1405-20. 56.3. Investigational cancer treatments;
study.
(a) The Department of Insurance shall conduct an
analysis and study of costs and benefits derived from the
implementation of the coverage requirements for
investigational cancer treatments established under Section
356y of the Illinois Insurance Code. The study shall cover
the years 2000, 2001, and 2002. The study shall include an
analysis of the effect of the coverage requirements on the
cost of insurance and health care, the results of the
treatments to patients, the mortality rate among cancer
patients, any improvements in care of patients, and any
improvements in the quality of life of patients.
(b) The Department shall report the results of its study
to the General Assembly and the Governor on or before March
1, 2003.
(Source: P.A. 91-406, eff. 1-1-00; revised 10-18-99.)
Section 19. The Department of Professional Regulation
Law of the Civil Administrative Code of Illinois is amended
by changing Sections 2105-5, 2105-15, 2105-75, 2105-120, and
2105-150 and renumbering Section 60p as follows:
(20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
Sec. 2105-5. Definitions.
(a) In this Law:
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
(b) In the construction of this Section and Sections
2105-10, 2105-15, 2105-100, 2105-105, 2105-110, 2105-115,
2105-120, 2105-125, 2105-175, and 2105-325, the following
definitions shall govern unless the context otherwise clearly
indicates:
"Board" means the board of persons designated for a
profession, trade, or occupation under the provisions of any
Act now or hereafter in force whereby the jurisdiction of
that profession, trade, or occupation is devolved on the
Department.
"Certificate" means a license, certificate of
registration, permit, or other authority purporting to be
issued or conferred by the Department by virtue or authority
of which the registrant has or claims the right to engage in
a profession, trade, occupation, or operation of which the
Department has jurisdiction.
"Registrant" means a person who holds or claims to hold a
certificate.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-6-99.)
(20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers
and duties:
(1) To authorize examinations in English to
ascertain the qualifications and fitness of applicants to
exercise the profession, trade, or occupation for which
the examination is held.
(2) To prescribe rules and regulations for a fair
and wholly impartial method of examination of candidates
to exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants
for licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining,
for the respective professions, trades, and occupations,
what shall constitute a school, college, or university,
or department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations;
provided, that no school, college, or university, or
department of a university, or other institution that
refuses admittance to applicants solely on account of
race, color, creed, sex, or national origin shall be
considered reputable and in good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status,
or take other disciplinary action as authorized in any
licensing Act administered by the Department with regard
to licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew,
place on probationary status, or take other disciplinary
action as authorized in any licensing Act administered by
the Department with regard to those licenses,
certificates, or authorities. The Department shall issue
a monthly disciplinary report. The Department shall deny
any license or renewal authorized by the Civil
Administrative Code of Illinois to any person who has
defaulted on an educational loan or scholarship provided
by or guaranteed by the Illinois Student Assistance
Commission or any governmental agency of this State;
however, the Department may issue a license or renewal if
the aforementioned persons have established a
satisfactory repayment record as determined by the
Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued
by the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license
to, or shall suspend or revoke a license of, any person
who, after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or child
support proceeding. However, the Department may issue a
license or renewal upon compliance with the subpoena or
warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois
to a person who is certified by the Illinois Department
of Public Aid as being more than 30 days delinquent in
complying with a child support order or who is certified
by a court as being in violation of the Non-Support of
Punishment Act for more than 60 days. The Department
may, however, issue a license or renewal if the person
has established a satisfactory repayment record as
determined by the Illinois Department of Public Aid or if
the person is determined by the court to be in compliance
with the Non-Support Punishment Act. The Department may
implement this paragraph as added by Public Act 89-6
through the use of emergency rules in accordance with
Section 5-45 of the Illinois Administrative Procedure
Act. For purposes of the Illinois Administrative
Procedure Act, the adoption of rules to implement this
paragraph shall be considered an emergency and necessary
for the public interest, safety, and welfare.
(6) To transfer jurisdiction of any realty under
the control of the Department to any other department of
the State Government or to acquire or accept federal
lands when the transfer, acquisition, or acceptance is
advantageous to the State and is approved in writing by
the Governor.
(7) To formulate rules and regulations necessary
for the enforcement of any Act administered by the
Department.
(8) To exchange with the Illinois Department of
Public Aid information that may be necessary for the
enforcement of child support orders entered pursuant to
the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act,
the Uniform Interstate Family Support Act, or the
Illinois Parentage Act of 1984. Notwithstanding any
provisions in this Code to the contrary, the Department
of Professional Regulation shall not be liable under any
federal or State law to any person for any disclosure of
information to the Illinois Department of Public Aid
under this paragraph (8) or for any other action taken in
good faith to comply with the requirements of this
paragraph (8).
(9) To perform other duties prescribed by law.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited
into the General Revenue Fund.
(c) For the purpose of securing and preparing evidence,
and for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence
Fund that the Director deems necessary from the amounts
appropriated for that purpose. Those sums may be advanced to
the agent when the Director deems that procedure to be in the
public interest. Sums for the purchase of controlled
substances, professional services, and equipment necessary
for enforcement activities and other activities as set forth
in this Section shall be advanced to the agent who is to make
the purchase from the Professional Regulation Evidence Fund
on vouchers signed by the Director. The Director and those
agents are authorized to maintain one or more commercial
checking accounts with any State banking corporation or
corporations organized under or subject to the Illinois
Banking Act for the deposit and withdrawal of moneys to be
used for the purposes set forth in this Section; provided,
that no check may be written nor any withdrawal made from any
such account except upon the written signatures of 2 persons
designated by the Director to write those checks and make
those withdrawals. Vouchers for those expenditures must be
signed by the Director. All such expenditures shall be
audited by the Director, and the audit shall be submitted to
the Department of Central Management Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of Section
2605-400 of the Department of State Police Law (20 ILCS
2605/2605-400), the Department of State Police is authorized
to furnish, pursuant to positive identification, the
information contained in State files that is necessary to
fulfill the request.
(e) The provisions of this Section do not apply to
private business and vocational schools as defined by Section
1 of the Private Business and Vocational Schools Act.
(f) Beginning July 1, 1995, this Section does not apply
to those professions, trades, and occupations licensed under
the Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or
the Illinois Real Estate Time-Share Act.
(Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised
9-29-99.)
(20 ILCS 2105/2105-30) (was 20 ILCS 2105/60p)
Sec. 2105-30. 60p. License forms; notification of abuse.
Beginning January 1, 2000, each license or permit application
or renewal form the Department provides to a person who is
required by law to report child abuse or elder abuse must
include a notification that the applicant or licensee is
required by law to report that abuse and must include
telephone numbers the licensee may call to report the abuse.
(Source: P.A. 91-244, eff. 1-1-00; revised 11-3-99.)
(20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f)
Sec. 2105-75. Design Professionals Dedicated Employees.
There are established within the Department certain design
professionals dedicated employees. These employees shall be
devoted exclusively to the administration and enforcement of
the Illinois Architecture Practice Act, the Illinois
Professional Land Surveyor Act of 1989, the Professional
Engineering Practice Act of 1989, and the Structural
Engineering Practice Act of 1989. The design professionals
dedicated employees that the Director shall employ, in
conformity with the Personnel Code, at a minimum shall
consist of one full-time design licensing Coordinator, one
full-time Assistant Coordinator, 4 full-time licensing
clerks, one full-time attorney, and 2 full-time
investigators. These employees shall work exclusively in the
licensing and enforcement of the design profession Acts set
forth in this Section and shall not be used for the licensing
and enforcement of any other Act or other duties in the
Department.
(Source: P.A. 91-91, eff. 7-9-99; 91-239, eff. 1-1-00;
91-357, eff. 7-29-99; revised 8-6-99.)
(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
Sec. 2105-120. Board's report; registrant's motion for
rehearing.
(a) The board shall present to the Director its written
report of its findings and recommendations. A copy of the
report shall be served upon the registrant, either personally
or by registered mail as provided in Section 2105-100 60c for
the service of the citation.
(b) Within 20 days after the service required under
subsection (a), the registrant may present to the Department
a motion in writing for a rehearing. The written motion
shall specify the particular grounds for a rehearing. If the
registrant orders and pays for a transcript of the record as
provided in Section 2105-115 60f, the time elapsing
thereafter and before the transcript is ready for delivery to
the registrant shall not be counted as part of the 20 days.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-6-99.)
(20 ILCS 2105/2105-150) (was 20 ILCS 2105/60m)
Sec. 2105-150. Violations of Medical Practice Act.
Notwithstanding any of the provisions of Section 2105-5,
2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
2105-125, 2105-175, 2105-200, or 2105-325 60a, 60d, 60g, of
this Law, for violations of Section 22 of the Medical
Practice Act of 1987, the Department shall suspend, revoke,
place on probationary status, or take other disciplinary
action as it deems proper with regard to licenses issued
under that Act only in accordance with Sections 7 and 36
through 46 of that Act.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-6-99.)
Section 20. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-205, 2310-350, 2310-370,
2310-397, and 2310-430 and renumbering Sections 55.56a,
55.58a, 55.75a, 55.95, and multiple versions of Section 55.91
as follows:
(20 ILCS 2310/2310-205) (was 20 ILCS 2310/55.57)
Sec. 2310-205. Community health centers. From
appropriations from the Community Health Center Care Fund, a
special fund in the State treasury which is hereby created,
the Department shall provide financial assistance (i) (a) to
migrant health centers and community health centers
established pursuant to Sections 329 or 330 of the federal
Public Health Service Act or that meet the standards
contained in either of those Sections and (ii) for the
purpose of establishing new migrant health centers or
community health centers in areas of need.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-6-99.)
(20 ILCS 2310/2310-227) (was 20 ILCS 2310/55.58a)
Sec. 2310-227. 55.58a. Study; nurse assistant incentive
program. The Department, in cooperation with the Illinois
Health Care Association, Life Services Network of Illinois,
the Illinois Council on Long Term Care, the County Nursing
Home Association, organized labor, the Illinois Community
College Board, the Southern Illinois University at Carbondale
Department of Workforce Education, the Illinois State Board
of Education, and the Department on Aging Ombudsman Program,
shall undertake a study to determine what incentives might be
necessary to attract and retain nurse assistants to work in
Illinois long-term care facilities. Based on any available
research and the experience of other states and the private
sector, a variety of incentive programs shall be examined for
their feasibility and possible development and implementation
in Illinois. Based upon the results of the study, the
Department shall implement a nurse assistant incentive
program no later than January 1, 2001, subject to available
appropriations.
(Source: P.A. 91-574, eff. 8-14-99; revised 10-25-99.)
(20 ILCS 2310/2310-322) (was 20 ILCS 2310/55.56a)
Sec. 2310-322. 55.56a. AIDS awareness; senior citizens.
The Department must include within its public health
promotion programs and materials information targeted to
persons 50 years of age and more concerning the dangers of
HIV and AIDS and sexually transmitted diseases.
(Source: P.A. 91-106, eff. 1-1-00; revised 8-6-99.)
(20 ILCS 2310/2310-337) (was 20 ILCS 2310/55.95)
Sec. 2310-337. 55.95. Asthma information.
(a) The Department of Public Health, in conjunction with
representatives of State and community based agencies
involved with asthma, shall develop and implement an asthma
information program targeted at population groups in Illinois
with high risk of suffering from asthma, including but not
limited to the following:
(1) African Americans.
(2) Hispanics.
(3) The elderly.
(4) Children.
(5) Those exposed to environmental factors
associated with high risk of asthma.
(6) Those with a family history of asthma.
(7) Those with allergies.
(b) The Department's asthma information program shall
include but need not be limited to information about:
(1) The causes and prevention of asthma.
(2) The types of treatment for asthma.
(3) The availability of treatment for asthma.
(4) Possible funding sources for treatment of
asthma.
(c) The Department shall report to the General Assembly
by January 1, 2000 upon its development and implementation of
the asthma information program.
(Source: P.A. 91-515, eff. 8-13-99; revised 10-21-99.)
(20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70)
Sec. 2310-350. Penny Severns Breast and Cervical Cancer
Research Fund. From funds appropriated from the Penny
Severns Breast and Cervical Cancer Research Fund, the
Department shall award grants to eligible physicians,
hospitals, laboratories, education institutions, and other
organizations and persons to enable organizations and persons
to conduct research. For the purposes of this Section,
"research" includes, but is not limited to, expenditures to
develop and advance the understanding, techniques, and
modalities effective in early detection, prevention, cure,
screening, and treatment of breast and cervical cancer and
may include clinical trials.
Moneys received for the purposes of this Section,
including but not limited to income tax checkoff receipts and
gifts, grants, and awards from private foundations, nonprofit
organizations, other governmental entities, and persons shall
be deposited into the Penny Severns Breast and Cervical
Cancer Research Fund, which is hereby created as a special
fund in the State treasury.
The Department shall create an advisory committee with
members from, but not limited to, the Illinois Chapter of the
American Cancer Society, Y-Me, the Susan G. Komen Foundation,
and the State Board of Health for the purpose of awarding
research grants under this Section. Members of the advisory
committee shall not be eligible for any financial
compensation or reimbursement.
(Source: P.A. 91-107, eff. 7-13-99; 91-239, eff. 1-1-00;
revised 8-6-99.)
(20 ILCS 2310/2310-351) (was 20 ILCS 2310/55.91)
Sec. 2310-351. 55.91. Ovarian cancer; Cancer Information
Service. The Department of Public Health, in cooperation
with the Cancer Information Service, shall promote the
services of the Cancer Information Service in relation to
ovarian cancer.
(Source: P.A. 91-108, eff. 7-13-99; revised 8-6-99.)
(20 ILCS 2310/2310-370) (was 20 ILCS 2310/55.76)
Sec. 2310-370. Heart Disease Treatment and Prevention
Fund; grants. From funds appropriated from the Heart Disease
Treatment and Prevention Fund, a special fund created in the
State treasury, the Department shall make grants to public
and private agencies for the purposes of funding (i) research
into causes, prevention, and treatment of heart disease and
(ii) public education relating to treatment and prevention of
heart disease within the State of Illinois.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-6-99.)
(20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
Sec. 2310-397. Prostate and testicular cancer program.
(a) The Department, subject to appropriation or other
available funding, shall conduct a program to promote
awareness and early detection of prostate and testicular
cancer. The program may include, but need not be limited to:
(1) Dissemination of information regarding the
incidence of prostate and testicular cancer, the risk
factors associated with prostate and testicular cancer,
and the benefits of early detection and treatment.
(2) Promotion of information and counseling about
treatment options.
(3) Establishment and promotion of referral
services and screening programs.
(b) Subject to appropriation or other available funding,
a Prostate Cancer Screening Program shall be established in
the Department of Public Health.
(1) The Program shall apply to the following persons
and entities:
(A) uninsured and underinsured men 50 years of
age and older;
(B) uninsured and underinsured men between 40
and 50 years of age who are at high risk for
prostate cancer, upon the advice of a physician or
upon the request of the patient; and
(C) non-profit organizations providing
assistance to persons described in subparagraphs (A)
and (B).
(2) Any entity funded by the Program shall
coordinate with other local providers of prostate cancer
screening, diagnostic, follow-up, education, and advocacy
services to avoid duplication of effort. Any entity
funded by the Program shall comply with any applicable
State and federal standards regarding prostate cancer
screening.
(3) Administrative costs of the Department shall
not exceed 10% of the funds allocated to the Program.
Indirect costs of the entities funded by this Program
shall not exceed 12%. The Department shall define
"indirect costs" in accordance with applicable State and
federal law.
(4) Any entity funded by the Program shall collect
data and maintain records that are determined by the
Department to be necessary to facilitate the Department's
ability to monitor and evaluate the effectiveness of the
entities and the Program. Commencing with the Program's
second year of operation, the Department shall submit an
Annual Report to the General Assembly and the Governor.
The report shall describe the activities and
effectiveness of the Program and shall include, but not
be limited to, the following types of information
regarding those served by the Program:
(A) the number;
(B) the ethnic, geographic, and age breakdown;
(C) the stages of presentation; and
(D) the diagnostic and treatment status.
(5) The Department or any entity funded by the
Program shall collect personal and medical information
necessary to administer the Program from any individual
applying for services under the Program. The
information shall be confidential and shall not be
disclosed other than for purposes directly connected with
the administration of the Program or except as otherwise
provided by law or pursuant to prior written consent of
the subject of the information.
(6) The Department or any entity funded by the
program may disclose the confidential information to
medical personnel and fiscal intermediaries of the State
to the extent necessary to administer the Program, and to
other State public health agencies or medical researchers
if the confidential information is necessary to carry out
the duties of those agencies or researchers in the
investigation, control, or surveillance of prostate
cancer.
(c) The Department shall adopt rules to implement the
Prostate Cancer Screening Program in accordance with the
Illinois Administrative Procedure Act.
(Source: P.A. 90-599, eff. 1-1-99; 91-109, eff. 1-1-00;
91-239, eff. 1-1-00; revised 8-6-99.)
(20 ILCS 2310/2310-398) (was 20 ILCS 2310/55.91)
Sec. 2310-398. 55.91. Prostate Cancer Research Fund;
grants. From funds appropriated from the Prostate Cancer
Research Fund, a special fund created in the State treasury,
the Department of Public Health shall make grants to public
or private entities in Illinois, which may include the Lurie
Comprehensive Cancer Center at the Northwestern University
Medical School and the Kellogg Cancer Care Center at
Evanston/Glenbrook Hospitals, for the purpose of funding
research applicable to prostate cancer patients. The grant
funds may not be used for institutional overhead costs,
indirect costs, other organizational levies, or costs of
community-based support services.
(Source: P.A. 91-104, eff. 7-13-99; revised 8-6-99.)
(20 ILCS 2310/2310-430) (was 20 ILCS 2310/55.69)
Sec. 2310-430. Women's health issues.
(a) The Department shall designate a member of its staff
to handle women's health issues not currently or adequately
addressed by the Department.
(b) The staff person's duties shall include, without
limitation:
(1) Assisting in the assessment of the health needs
of women in the State.
(2) Recommending treatment methods and programs
that are sensitive and relevant to the unique
characteristics of women.
(3) Promoting awareness of women's health concerns
and encouraging, promoting, and aiding in the
establishment of women's services.
(4) Providing adequate and effective opportunities
for women to express their views on Departmental policy
development and program implementation.
(5) Providing information to the members of the
public, patients, and health care providers regarding
women's gynecological cancers, including but not limited
to the signs and symptoms, risk factors, the benefits of
early detection through appropriate diagnostic testing,
and treatment options.
(6) Publishing the health care summary required
under Section 2310-425 55.66 of this Act.
(c) The information provided under item (5) of
subsection (b) of this Section may include, but is not
limited to, the following:
(1) Educational and informational materials in
print, audio, video, electronic, or other media.
(2) Public service announcements and
advertisements.
(3) The health care summary required under Section
2310-425 55.66 of this Act.
The Department may develop or contract with others to
develop, as the Director deems appropriate, the materials
described in this subsection (c) or may survey available
publications from, among other sources, the National Cancer
Institute and the American Cancer Society. The staff person
designated under this Section shall collect the materials,
formulate a distribution plan, and disseminate the materials
according to the plan. These materials shall be made
available to the public free of charge.
In exercising its powers under this subsection (c), the
Department shall consult with appropriate health care
professionals and providers, patients, and organizations
representing health care professionals and providers and
patients.
(Source: P.A. 91-106, eff. 1-1-00; 91-239, eff. 1-1-00;
revised 8-6-99.)
(20 ILCS 2310/2310-537) (was 20 ILCS 2310/55.75a)
Sec. 2310-537. 55.75a. Review of inspection programs.
The Department of Public Health shall, utilizing the
expertise and membership of the Hospital Licensing Board
created pursuant to Section 10 of the Hospital Licensing Act,
conduct a review of the hospital inspection programs of the
Department under the Hospital Licensing Act and any other
hospital program operated by the Department. The required
review should include (i) a study of the basis for, and
establishment of, standards by the various entities who
regulate hospitals; (ii) the survey activities of any other
public or private agency inspecting hospitals; and (iii) the
interpretation and application of the adopted standards by
each of the entities.
The Department shall issue a report of the review and any
recommendations regarding the feasibility of development of a
consolidated or consistent set of regulations among the
various entities. The Department shall seek the input and
participation of the various federal and private
organizations that establish standards for hospitals. A
report shall be issued to the Governor and the General
Assembly by July 1, 2000.
(Source: P.A. 91-154, eff. 7-16-99; revised 8-6-99.)
Section 21. 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 significant
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 Rehabilitation Act of
1973, as amended.
"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 Education.
"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 significant disability" means an
individual with a significant 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 unit of the Department headed by the
vocational rehabilitation administrator 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 vocational rehabilitation administrator 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) A representative from the unit of the
Department of Human Services responsible for the
administration of the vocational rehabilitation program
and a representative from another unit in the Department
of Human Services that provides services for individuals
with disabilities and a representative each from the
Department on Aging, the State Board of Education, and
the Department of Children and Family Services, all as
ex-officio, 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 from diverse backgrounds; (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 council shall elect a chairperson from among its
voting 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.
Appointments to fill vacancies in unexpired terms and new
terms shall be filled by the Governor or by the Council if
the Governor delegates that power to the Council by executive
order. 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 5-505 of the Departments of State
Government Law (20 ILCS 5/5-505), the Council shall have the
authority to appoint jointly with the vocational
rehabilitation administrator 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 vocational rehabilitation administrator requires.
Beginning October 1, 1994, the vocational rehabilitation
administrator may award grants to any eligible center for
independent living that is receiving funds under Title VII of
the federal Act, unless the vocational rehabilitation
administrator 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 vocational rehabilitation
administrator 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 vocational rehabilitation administrator 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 vocational rehabilitation
administrator 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 significant
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 vocational rehabilitation administrator 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 vocational
rehabilitation administrator 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 vocational rehabilitation administrator 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 vocational rehabilitation administrator
shall immediately notify the center that it is out of
compliance. The vocational rehabilitation administrator
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 vocational
rehabilitation administrator or (if on appeal) by the
Commissioner.
(Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
90-372, eff. 7-1-98; 90-453, eff. 8-16-97; 91-239, eff.
1-1-00; 91-540, eff. 8-13-99; revised 10-25-99.)
Section 22. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing
Section 2505-65 as follows:
(20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
Sec. 2505-65. Exchange of information.
(a) The Department has the power to exchange with any
state, with any local subdivisions of any state, or with the
federal government, except when specifically prohibited by
law, any information that may be necessary to efficient tax
administration and that may be acquired as a result of the
administration of the laws set forth in the Sections
following Section 95-10 and preceding Section 2505-60.
(b) The Department has the power to exchange with the
Illinois Department of Public Aid information that may be
necessary for the enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984. Notwithstanding any provisions in this
Code to the contrary, the Department of Revenue shall not be
liable to any person for any disclosure of information to the
Illinois Department of Public Aid under this subsection (b)
or for any other action taken in good faith to comply with
the requirements of this subsection (b).
(Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
91-613, eff. 10-1-99; revised 8-5-99.)
Section 23. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
and resectioning material added to Section 55a as follows:
(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
Sec. 2605-302. Arrest reports.
(a) 5.5. Provide, When an individual is arrested, that
the following information must be made available to the news
media for inspection and copying:
(1) (a) Information that identifies the individual
person, including the name, age, address, and photograph,
when and if available.
(2) (b) Information detailing any charges relating
to the arrest.
(3) (c) The time and location of the arrest.
(4) (d) The name of the investigating or arresting
law enforcement agency.
(5) (e) If the individual is incarcerated, the
amount of any bail or bond.
(6) (f) If the individual is incarcerated, the time
and date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) (1) The information required by this Section
paragraph must be made available to the news media for
inspection and copying as soon as practicable, but in no
event shall the time period exceed 72 hours from the arrest.
The information described in items (3), (4), (5), and (6) of
subsection (a) subparagraphs (c), (d), (e), and (f) of this
paragraph, however, may be withheld if it is determined that
disclosure would (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement or correctional agency; (ii) endanger
the life or physical safety of law enforcement or
correctional personnel or any other person; or (iii)
compromise the security of any correctional facility.
(c) (2) For the purposes of this Section paragraph, the
term "news media" means personnel of a newspaper or other
periodical issued at regular intervals, a news service, a
radio station, a television station, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
(d) (3) Each law enforcement or correctional agency may
charge fees for arrest records, but in no instance may the
fee exceed the actual cost of copying and reproduction. The
fees may not include the cost of the labor used to reproduce
the arrest record.
(e) (4) The provisions of this Section paragraph do not
supersede the confidentiality provisions for arrest records
of the Juvenile Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
(20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
Sec. 2605-330. Firefighter background investigations.
37. Upon the request of the chief of a volunteer fire
department, the Department shall conduct criminal background
investigations of prospective firefighters and report to the
requesting chief any record of convictions maintained in the
Department's files about those persons. The Department may
charge a fee, based on actual costs, for the dissemination of
conviction information under this Section paragraph. The
Department may prescribe the form and manner for requesting
and furnishing conviction information under this Section
paragraph.
(Source: P.A. 91-371, eff. 1-1-00; revised 11-3-99.)
(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
Sec. 2605-475. Wireless Emergency Telephone Safety Act.
37. To exercise the powers and perform the duties
specifically assigned to the Department under the Wireless
Emergency Telephone Safety Act with respect to the
development and improvement of emergency communications
procedures and facilities in such a manner as to facilitate a
quick response to any person calling the number "9-1-1"
seeking police, fire, medical, or other emergency services
through a wireless carrier as defined in Section 10 of the
Wireless Emergency Telephone Safety Act. Nothing in the
Wireless Emergency Telephone Safety Act shall require the
Illinois State Police to provide wireless enhanced 9-1-1
services.
(Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.)
Section 24. The Criminal Identification Act is amended
by changing Section 3 as follows:
(20 ILCS 2630/3) (from Ch. 38, par. 206-3)
Sec. 3. Information to be furnished peace officers and
commanding officers of certain military installations in
Illinois.
(A) The Department shall file or cause to be filed all
plates, photographs, outline pictures, measurements,
descriptions and information which shall be received by it by
virtue of its office and shall make a complete and systematic
record and index of the same, providing thereby a method of
convenient reference and comparison. The Department shall
furnish, upon application, all information pertaining to the
identification of any person or persons, a plate, photograph,
outline picture, description, measurements, or any data of
which there is a record in its office. Such information shall
be furnished to peace officers of the United States, of other
states or territories, of the Insular possessions of the
United States, of foreign countries duly authorized to
receive the same, to all peace officers of the State of
Illinois, to investigators of the Illinois Law Enforcement
Training Standards Board and, conviction information only, to
units of local government, school districts and private
organizations, under the provisions of Section 2605-10,
2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205,
2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305,
2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355,
2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550
of the Department of State Police Law (20 ILCS 2605/2605-10,
2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,
2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,
2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
2605/2605-435, 2605/2605-500, 2605/2605-525, or
2605/2605-550). Applications shall be in writing and
accompanied by a certificate, signed by the peace officer or
chief administrative officer or his designee making such
application, to the effect that the information applied for
is necessary in the interest of and will be used solely in
the due administration of the criminal laws or for the
purpose of evaluating the qualifications and character of
employees, prospective employees, volunteers, or prospective
volunteers of units of local government, school districts,
and private organizations.
For the purposes of this subsection, "chief
administrative officer" is defined as follows:
a) The city manager of a city or, if a city does
not employ a city manager, the mayor of the city.
b) The manager of a village or, if a village does
not employ a manager, the president of the village.
c) The chairman or president of a county board or,
if a county has adopted the county executive form of
government, the chief executive officer of the county.
d) The president of the school board of a school
district.
e) The supervisor of a township.
f) The official granted general administrative
control of a special district, an authority, or
organization of government establishment by law which may
issue obligations and which either may levy a property
tax or may expend funds of the district, authority, or
organization independently of any parent unit of
government.
g) The executive officer granted general
administrative control of a private organization defined
in Section 2605-335 of the Department of State Police Law
(20 ILCS 2605/2605-335).
(B) Upon written application and payment of fees
authorized by this subsection, State agencies and units of
local government, not including school districts, are
authorized to submit fingerprints of employees, prospective
employees and license applicants to the Department for the
purpose of obtaining conviction information maintained by the
Department and the Federal Bureau of Investigation about such
persons. The Department shall submit such fingerprints to
the Federal Bureau of Investigation on behalf of such
agencies and units of local government. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection.
(C) Upon payment of fees authorized by this subsection,
the Department shall furnish to the commanding officer of a
military installation in Illinois having an arms storage
facility, upon written request of such commanding officer or
his designee, and in the form and manner prescribed by the
Department, all criminal history record information
pertaining to any individual seeking access to such a storage
facility, where such information is sought pursuant to a
federally-mandated security or criminal history check.
The Department shall establish and charge a fee, not to
exceed actual costs, for providing information pursuant to
this subsection.
(Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00;
revised 10-12-99.)
Section 25. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-200 as follows:
(20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
Sec. 2705-200. Master plan; reporting requirements.
(a) The Department has the power to develop and maintain
a continuing, comprehensive, and integrated planning process
that shall develop and periodically revise a statewide master
plan for transportation to guide program development and to
foster efficient and economical transportation services in
ground, air, water, and all other modes of transportation
throughout the State. The Department shall coordinate its
transportation planning activities with those of other State
agencies and authorities and shall supervise and review any
transportation planning performed by other Executive agencies
under the direction of the Governor. The Department shall
cooperate and participate with federal, regional, interstate,
State, and local agencies, in accordance with Sections 5-301
and 7-301 of the Illinois Highway Code, and with interested
private individuals and organizations in the coordination of
plans and policies for development of the state's
transportation system.
To meet the provisions of this Section, the Department
shall publish and deliver to the Governor and General
Assembly by January 1, 1982 and every 2 years thereafter, its
master plan for highway, waterway, aeronautic, mass
transportation, and railroad systems. The plan shall
identify priority subsystems or components of each system
that are critical to the economic and general welfare of this
the State regardless of public jurisdictional responsibility
or private ownership.
The master plan shall provide particular emphasis and
detail of the 5 year period in the immediate future.
Annual and 5 year project programs for each State system
in this Section shall be published and furnished the General
Assembly on the first Wednesday in April of each year.
Identified needs included in the project programs shall
be listed and mapped in a distinctive fashion to clearly
identify the priority status of the projects: (1) projects to
be committed for execution; (2) tentative projects that are
dependent upon funding or other constraints; and (3) needed
projects that are not programmed due to lack of funding or
other constraints.
All projects shall be related to the priority systems of
the master plan, and the priority criteria identified. Cost
and estimated completion dates shall be included for work
required to complete a useable segment or component beyond
the 5 year period of the program.
(b) The Department shall publish and deliver to the
Governor and General Assembly on the first Wednesday in April
of each year a 5-year Highway Improvement Program reporting
the number of fiscal years each project has been on previous
5-year plans submitted by the Department.
(c) The Department shall publish and deliver to the
Governor and the General Assembly by November 1 of each year
a For the Record report that shall include the following:
(1) All the projects accomplished in the previous
fiscal year listed by each Illinois Department of
Transportation District.
(2) The award cost and the beginning dates of each
listed project.
(Source: P.A. 90-277, eff. 1-1-98; 91-239, eff. 1-1-00;
91-357, eff. 7-29-99; revised 8-12-99.)
Section 25.5. The Illinois Capital Budget Act is amended
by changing Section 3 as follows:
(20 ILCS 3010/3) (from Ch. 127, par. 3103)
Sec. 3. Each capital improvement program shall include,
but not be limited to, roads, bridges, buildings, including
schools, prisons, recreational facilities and conservation
areas, and other infrastructure facilities that are owned by
the State of Illinois.
Each capital improvement program shall include a needs
assessment of the State's capital facilities. Each needs
assessment shall include where possible the inventory, age,
condition, use, sources of financing, past investment,
maintenance history, trends in condition, financing and
investment, and projected dollar amount of need in the next 5
years, 10 ten years, and until the year 2000. Needs
assessment of State facilities shall use, to the fullest
extent possible, existing studies and data from other
agencies such as the Illinois Department of Transportation,
the Illinois Environmental Protection Agency, the Illinois
Economic and Fiscal Commission, the Capital Development
Board, the Governor's Task Force on the Future of Illinois,
and relevant federal agencies, so that studies can be
completed as efficiently as possible, and so information on
needs can be used to seek federal funds as soon as possible.
Each capital improvement program shall include an
identification and analysis of factors that affect estimated
capital investment needs, including but not limited to,
economic assumptions, engineering standards, estimates of
spending for operations and maintenance, federal and State
regulations, and estimation of demand for services.
Each capital improvement program shall include an
identification and analysis of the principal principle policy
issues that affect estimated capital investment needs,
including but not limited to, economic development policy,
equity considerations, policies regarding alternative
technologies, political jurisdiction over different
infrastructure systems, and the role of the private sector in
planning for and investing in infrastructure.
(Source: P.A. 84-838; revised 9-22-00.)
Section 26. The Capital Development Board Act is amended
by changing Section 16 as follows:
(20 ILCS 3105/16) (from Ch. 127, par. 783b)
Sec. 16. (a) In addition to any other power granted in
this Act to adopt rules or regulations, the Board may adopt
regulations or rules relating to the issuance or renewal of
the prequalification of an architect, engineer or contractor
or the suspension or modification of the prequalification of
any such person or entity including, without limitation, an
interim or emergency suspension or modification without a
hearing founded on any one or more of the bases set forth in
this Section.
(b) Among the bases for an interim or emergency
suspension or modification of prequalification are:
(1) A finding by the Board that the public interest,
safety or welfare requires a summary suspension or
modification of a prequalification without hearings.
(2) The occurrence of an event or series of events
which, in the Board's opinion, warrants a summary suspension
or modification of a prequalification without a hearing
including, without limitation, (i) the indictment of the
holder of the prequalification by a State or federal agency
or other branch of government for a crime; (ii) the
suspension or modification of a license or prequalification
by another State agency or federal agency or other branch of
government after hearings; (iii) a material breach of a
contract made between the Board and an architect, engineer or
contractor; and (iv) the failure to comply with State law
including, without limitation, the Minority and Female
Business Enterprise for Minorities, Females, and Persons with
Disabilities Act, the prevailing wage requirements, and the
Steel Products Procurement Act.
(c) If a prequalification is suspended or modified by
the Board without hearings for any reason set forth in this
Section or in Section 10-65 of the Illinois Administrative
Procedure Act, as amended, the Board shall within 30 days of
the issuance of an order of suspension or modification of a
prequalification initiate proceedings for the suspension or
modification of or other action upon the prequalification.
(Source: P.A. 88-45; revised 8-23-99.)
Section 26.2. The Illinois Emergency Management Agency
Act is amended by changing Section 10 as follows:
(20 ILCS 3305/10) (from Ch. 127, par. 1060)
Sec. 10. Emergency Services and Disaster Agencies.
(a) Each political subdivision within this State shall
be within the jurisdiction of and served by the Illinois
Emergency Management Agency and by an emergency services and
disaster agency responsible for emergency management
programs. A township, if the township is in a county having
a population of more than 2,000,000, must have approval of
the county coordinator before establishment of a township
emergency services and disaster agency.
(b) Each county shall maintain an emergency services and
disaster agency that has jurisdiction over and serves the
entire county, except as otherwise provided under this Act
and except that in any county with a population of over
3,000,000 containing a municipality with a population of over
500,000 the jurisdiction of the county agency shall not
extend to the municipality when the municipality has
established its own agency.
(c) Each municipality with a population of over 500,000
shall maintain an emergency services and disaster agency
which has jurisdiction over and serves the entire
municipality. A municipality with a population less than
500,000 may establish, by ordinance, an agency or department
responsible for emergency management within the
municipality's corporate limits.
(d) The Governor shall determine which municipal
corporations, other than those specified in paragraph (c) of
this Section, need emergency services and disaster agencies
of their own and require that they be established and
maintained. He shall make his determinations on the basis of
the municipality's disaster vulnerability and capability of
response related to population size and concentration. The
emergency services and disaster agency of a county or
township, shall not have a jurisdiction within a political
subdivision having its own emergency services and disaster
agency, but shall cooperate with the emergency services and
disaster agency of a city, village or incorporated town
within their borders. The Illinois Emergency Management
Agency shall publish and furnish a current list to the
municipalities required to have an emergency services and
disaster agency under this subsection.
(e) Each municipality that is not required to and does
not have an emergency services and disaster agency shall have
a liaison officer designated to facilitate the cooperation
and protection of that municipal corporation with the county
emergency services and disaster agency in which it is located
in the work of disaster mitigation, preparedness, response,
and recovery.
(f) The principal executive officer or his designee of
each political subdivision in the State shall annually notify
the Illinois Emergency Management Agency of the manner in
which the political subdivision is providing or securing
emergency management, identify the executive head of the
agency or the department from which the service is obtained,
or the liaison officer in accordance with paragraph (d) of
this Section and furnish additional information relating
thereto as the Illinois Emergency Management Agency requires.
(g) Each emergency services and disaster agency shall
prepare and submit to the Illinois Emergency Management
Agency for review and approval an emergency operations plan
for its geographic boundaries that complies with planning
standards developed by the Illinois Emergency Management
Agency. The Illinois Emergency Management Agency shall
determine which jurisdictions will be required to include
earthquake preparedness in their local emergency operations
plans.
(h) The emergency services and disaster agency shall
prepare and distribute to all appropriate officials in
written form a clear and complete statement of the emergency
responsibilities of all local departments and officials and
of the disaster chain of command.
(i) Each emergency services and disaster agency shall
have a Coordinator who shall be appointed by the principal
executive officer of the political subdivision in the same
manner as are the heads of regular governmental departments.
If the political subdivision is a county and the principal
executive officer appoints the sheriff as the Coordinator,
the sheriff may, in addition to his regular compensation,
receive compensation at the same level as provided in Section
3 of "An Act in relation to the regulation of motor vehicle
traffic and the promotion of safety on public highways in
counties", approved August 9, 1951, as amended. The
Coordinator shall have direct responsibility for the
organization, administration, training, and operation of the
emergency services and disaster agency, subject to the
direction and control of that principal executive officer.
Each emergency services and disaster agency shall coordinate
and may perform emergency management functions within the
territorial limits of the political subdivision within which
it is organized as are prescribed in and by the State
Emergency Operations Plan, and programs, orders, rules and
regulations as may be promulgated by the Illinois Emergency
Management Agency and by local ordinance and, in addition,
shall conduct such functions outside of those territorial
limits as may be required under mutual aid agreements and
compacts as are entered into under subparagraph (5) of
paragraph (c) of Section 6.
(j) In carrying out the provisions of this Act, each
political subdivision may enter into contracts and incur
obligations necessary to place it in a position effectively
to combat the disasters as are described in Section 4, to
protect the health and safety of persons, to protect
property, and to provide emergency assistance to victims of
those disasters. If a disaster occurs, each political
subdivision may exercise the powers vested under this Section
in the light of the exigencies of the disaster and, excepting
mandatory constitutional requirements, without regard to the
procedures and formalities normally prescribed by law
pertaining to the performance of public work, entering into
contracts, the incurring of obligations, the employment of
temporary workers, the rental of equipment, the purchase of
supplies and materials, and the appropriation, expenditure,
and disposition of public funds and property.
(k) Emergency services and disaster agency personnel
who, while engaged in a disaster or disaster training
exercise, suffer disease, injury or death, shall, for the
purposes of benefits under the Workers' Compensation Act or
Workers' Occupational Diseases Act only, be deemed to be
employees of the State, if (1) the claimant is a duly
qualified and enrolled (sworn in) as a volunteer of the
Illinois Emergency Management Agency or an emergency services
and disaster agency accredited by the Illinois Emergency
Management Agency, and (2) if the claimant was participating
in an actual disaster as defined in paragraph (e) of Section
4 of this Act or the exercise participated in was
specifically and expressly approved by the Illinois Emergency
Management Agency. Illinois Emergency Management Agency shall
use the same criteria for approving an exercise and utilizing
State volunteers as required for any political subdivision.
The computation of benefits payable under either of those
Acts shall be based on the income commensurate with
comparable State employees doing the same type work or income
from the person's regular employment, whichever is greater.
(l) If any person who is entitled to receive benefits
through the application of this Section receives, in
connection with the disease, injury or death giving rise to
such entitlement, benefits under an Act of Congress or
federal program, benefits payable under this Section shall be
reduced to the extent of the benefits received under that
other Act or program.
(m) (1) Prior to conducting a disaster training
exercise, the principal executive officer of a political
subdivision or his designee shall provide area media with
written notification of the disaster training exercise.
The notification shall indicate that information relating
to the disaster training exercise shall not be released
to the public until the commencement of the exercise. The
notification shall also contain a request that the notice
be so posted to ensure that all relevant media personnel
are advised of the disaster training exercise before it
begins.
(2) During the conduct of a disaster training
exercise, all messages, two-way radio communications,
briefings, status reports, news releases, and other oral
or written communications shall begin and end with the
following statement: "This is an exercise message".
(Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.)
Section 26.4. The Illinois Research Park Authority Act
is amended by changing Section 1-130 as follows:
(20 ILCS 3850/1-130)
Sec. 1-130. Complete, additional, and alternative
methods. The foregoing Sections of this Act are deemed to
provide a complete, additional, and alternative methods for
the doing of the things authorized thereby and shall be
regarded as supplemental and additional to powers conferred
by other laws, provided that the issuance of bonds and
refunding bonds under this Act need not comply with the
requirements of any other law applicable to the issuance of
bonds. Except as otherwise expressly provided in this Act,
none of the powers granted to the Authority under this Act
shall be subject to the supervision or regulation or require
the approval or consent of any municipality or political
subdivision or any department, division, commission, board,
body, bureau, official, or agency thereof or of the State.
(Source: P.A. 88-669, eff. 11-29-94; revised 2-23-00.)
Section 26.6. The Correctional Budget and Impact Note
Act is amended by changing Sections 3 and 9 as follows:
(25 ILCS 70/3) (from Ch. 63, par. 42.83)
Sec. 3. Upon the request of the sponsor of any bill
described in subsection (a) of Section 2, the Director of the
Department of Corrections, or any person within the
Department whom the Director may designate, shall prepare a
written statement setting forth the information specified in
subsection (a) of Section 2. Upon the request of the sponsor
of any bill described in subsection (b) of Section 2, the
Director of the Administrative Office of the Illinois Courts,
or any person the Director may designate, shall prepare a
written statement setting forth the information specified in
subsection (b) of Section 2.
The statement prepared by the Director of Corrections or
Director of Administrative Office of the Illinois Courts, as
the case may be, shall be designated a Correctional Budget
and Impact Note and shall be furnished to the sponsor within
10 calendar days thereafter, except that whenever, because of
the complexity of the bill, additional time is required for
the preparation of the note, the Department of Corrections or
Administrative Office of the Illinois Courts may so notify
the sponsor and request an extension of time not to exceed 5
additional days within which such note is to be furnished.
Such extension shall not extend beyond May 15 following the
date of the request.
(Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.)
(25 ILCS 70/9) (from Ch. 63, par. 42.89)
Sec. 9. The subject matter of bills submitted to the
Director of the Department of Corrections or the Director of
the Administrative Office of the Illinois Courts shall be
kept in strict confidence and no information relating thereto
or relating to the budget or impact thereof shall be divulged
by an official or employee of the Department or the
Administrative Office of the Illinois Courts, except to the
bill's sponsor or his designee, prior to the bill's
introduction in the General Assembly.
(Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.)
Section 27. The State Finance Act is amended by changing
Section 6z-43 and setting forth, changing, and renumbering
multiple versions of Sections 5.490, 5.491, 5.492, 5.505,
5.540, 5.541, 5.542, and 8.36 as follows:
(30 ILCS 105/5.490)
Sec. 5.490. The Horse Racing Equity Fund.
(Source: P.A. 91-40, eff. 6-25-99.)
(30 ILCS 105/5.491)
Sec. 5.491. The Illinois Racing Quarterhorse Breeders
Fund.
(Source: P.A. 91-40, eff. 6-25-99.)
(30 ILCS 105/5.492)
Sec. 5.492. The Horse Racing Fund.
(Source: P.A. 91-40, eff. 6-25-99.)
(30 ILCS 105/5.493)
Sec. 5.493. 5.490. The Federal Workforce Development
Fund.
(Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.)
(30 ILCS 105/5.494)
Sec. 5.494. 5.491. The Energy Assistance Contribution
Fund.
(Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.)
(30 ILCS 105/5.497)
Sec. 5.497. 5.491. The Motor Vehicle License Plate Fund.
(Source: P.A. 91-37, eff. 7-1-99; revised 11-12-99.)
(30 ILCS 105/5.498)
Sec. 5.498. 5.490. The Fund for Illinois' Future.
(Source: P.A. 91-38, eff. 6-15-99; revised 11-12-99.)
(30 ILCS 105/5.499)
Sec. 5.499. 5.490. The Video Conferencing User Fund.
(Source: P.A. 91-44, eff. 7-1-99; revised 11-12-99.)
(30 ILCS 105/5.501)
Sec. 5.501. 5.505. The School Technology Revolving Loan
Fund.
(Source: P.A. 90-548, eff. 1-1-98; revised 12-18-99.)
(30 ILCS 105/5.502)
Sec. 5.502. 5.491. The Electronic Commerce Security
Certification Fund.
(Source: P.A. 91-58, eff. 7-1-99; revised 11-12-99.)
(30 ILCS 105/5.503)
Sec. 5.503. 5.490. The Prostate Cancer Research Fund.
(Source: P.A. 91-104, eff. 7-13-99; revised 11-12-99.)
(30 ILCS 105/5.504)
(Section scheduled to be repealed on July 16, 2003)
Sec. 5.504. 5.490. The State Board of Education Fund.
This Section is repealed 4 years after the effective date of
this amendatory Act of the 91st General Assembly.
(Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
(30 ILCS 105/5.505)
(Section scheduled to be repealed on July 16, 2003)
Sec. 5.505. 5.491. The State Board of Education Special
Purpose Trust Fund. This Section is repealed 4 years after
the effective date of this amendatory Act of the 91st General
Assembly.
(Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
(30 ILCS 105/5.506)
(Section scheduled to be repealed on July 16, 2003)
Sec. 5.506. 5.492. The Private Business and Vocational
Schools Fund. This Section is repealed 4 years after the
effective date of this amendatory Act of the 91st General
Assembly.
(Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
(30 ILCS 105/5.507)
Sec. 5.507. 5.490. The Open Lands Loan Fund.
(Source: P.A. 91-220, eff. 7-21-99; revised 11-12-99.)
(30 ILCS 105/5.508)
Sec. 5.508. 5.490. The Diesel Emissions Testing Fund.
(Source: P.A. 91-254, eff. 7-1-99; revised 11-12-99.)
(30 ILCS 105/5.509)
Sec. 5.509. 5.490. The Death Certificate Surcharge Fund.
(Source: P.A. 91-382, eff. 7-30-99; revised 11-12-99.)
(30 ILCS 105/5.510)
Sec. 5.510. 5.490. The Charter Schools Revolving Loan
Fund.
(Source: P.A. 91-407, eff. 8-3-99; revised 11-12-99.)
(30 ILCS 105/5.511)
Sec. 5.511. 5.490. The Illinois Adoption Registry and
Medical Information Exchange Fund.
(Source: P.A. 91-417, eff. 1-1-00; revised 11-12-99.)
(30 ILCS 105/5.512)
Sec. 5.512. 5.490. The Economic Development for a
Growing Economy Fund.
(Source: P.A. 91-476, eff. 8-11-99; revised 11-12-99.)
(30 ILCS 105/5.513)
Sec. 5.513. 5.490. The Illinois Aquaculture Development
Fund.
(Source: P.A. 91-530, eff. 8-13-99; revised 11-12-99.)
(30 ILCS 105/5.514)
Sec. 5.514. The 5.490. Motor Carrier Safety Inspection
Fund.
(Source: P.A. 91-537, eff. 8-13-99; revised 11-12-99.)
(30 ILCS 105/5.515)
Sec. 5.515. 5.490. The Airport Land Loan Revolving Fund.
(Source: P.A. 91-543, eff. 8-14-99; revised 11-12-99.)
(30 ILCS 105/5.516)
Sec. 5.516. 5.490. The Illinois Value-Added Agriculture
Enhancement Program Fund.
(Source: P.A. 91-560, eff. 8-14-99; revised 11-12-99.)
(30 ILCS 105/5.517)
Sec. 5.517. 5.490. The Illinois Building Commission
Revolving Fund.
(Source: P.A. 91-581, eff. 8-14-99; revised 11-12-99.)
(30 ILCS 105/5.518)
Sec. 5.518. The 5.490. Capital Litigation Trust Fund.
(Source: P.A. 91-589, eff. 1-1-00; revised 11-12-99.)
(30 ILCS 105/5.519)
Sec. 5.519. 5.490. The Small Business Incubator Fund.
(Source: P.A. 91-592, eff. 8-14-99; revised 11-12-99.)
(30 ILCS 105/5.520)
Sec. 5.520. 5.490. The Auction Regulation Administration
Fund.
(Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
(30 ILCS 105/5.521)
Sec. 5.521. 5.491. The Auction Recovery Fund.
(Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
(30 ILCS 105/5.522)
Sec. 5.522. 5.492. The Auction Education Fund.
(Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
(30 ILCS 105/5.523)
Sec. 5.523. 5.490. The International Tourism Fund.
(Source: P.A. 91-604, eff. 8-16-99; revised 11-12-99.)
(30 ILCS 105/5.524)
Sec. 5.524. 5.490. The NOx Trading System Fund.
(Source: P.A. 91-631, eff. 8-19-99; revised 11-12-99.)
(30 ILCS 105/5.525)
Sec. 5.525. The 5.490. John Joseph Kelly Home Fund.
(Source: P.A. 91-634, eff. 8-19-99; revised 11-12-99.)
(30 ILCS 105/5.526)
Sec. 5.526. 5.490. The Insurance Premium Tax Refund
Fund.
(Source: P.A. 91-643, eff. 8-20-99; revised 11-12-99.)
(30 ILCS 105/5.527)
Sec. 5.527. 5.490. The Assisted Living and Shared
Housing Regulatory Fund.
(Source: P.A. 91-656, eff. 1-1-01; revised 1-19-00.)
(30 ILCS 105/5.528)
Sec. 5.528. 5.490. The Academic Improvement Trust Fund
for Community College Foundations.
(Source: P.A. 91-664, eff. 12-22-99; revised 1-19-99.)
(30 ILCS 105/5.529)
Sec. 5.529. The 5.490. Wireless Service Emergency Fund.
(Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
(30 ILCS 105/5.530)
Sec. 5.530. The 5.491. State Police Wireless Service
Emergency Fund.
(Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
(30 ILCS 105/5.531)
Sec. 5.531. The 5.492. Wireless Carrier Reimbursement
Fund.
(Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
(30 ILCS 105/5.532)
Sec. 5.532. 5.541. The Spinal Cord Injury Paralysis Cure
Research Trust Fund.
(Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.)
(30 ILCS 105/5.533)
Sec. 5.533. 5.542. The Brain Injury and Spinal Cord
Injury Trust Fund.
(Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.)
(30 ILCS 105/5.534)
Sec. 5.534. 5.541. The Organ Donor Awareness Fund.
(Source: P.A. 91-805, eff. 1-1-01; revised 7-13-00.)
(30 ILCS 105/5.535)
Sec. 5.535. 5.540. The National World War II Memorial
Fund.
(Source: P.A. 91-833, eff. 1-1-01; 91-836, eff. 1-1-01;
revised 7-13-00.)
(30 ILCS 105/5.536)
Sec. 5.536. 5.541. The Post Transplant Maintenance and
Retention Fund.
(Source: P.A. 91-873, eff. 7-1-00; revised 7-13-00.)
(30 ILCS 105/5.540)
Sec. 5.540. The Tobacco Settlement Recovery Fund.
(Source: P.A. 91-646, eff. 11-19-99.)
(30 ILCS 105/5.541)
Sec. 5.541. The Homeowners' Tax Relief Fund.
(Source: P.A. 91-703, eff. 5-16-00.)
(30 ILCS 105/5.542)
Sec. 5.542. The Budget Stabilization Fund.
(Source: P.A. 91-703, eff. 5-16-00.)
(30 ILCS 105/6z-43)
Sec. 6z-43. Tobacco Settlement Recovery Fund.
(a) There is created in the State Treasury a special
fund to be known as the Tobacco Settlement Recovery Fund,
into which shall be deposited all monies paid to the State
pursuant to (1) the Master Settlement Agreement entered in
the case of People of the State of Illinois v. Philip Morris,
et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
any settlement with or judgment against any tobacco product
manufacturer other than one participating in the Master
Settlement Agreement in satisfaction of any released claim as
defined in the Master Settlement Agreement, as well as any
other monies as provided by law. All earnings on Fund
investments shall be deposited into the Fund. Upon the
creation of the Fund, the State Comptroller shall order the
State Treasurer to transfer into the Fund any monies paid to
the State as described in item (1) or (2) of this Section
before the creation of the Fund plus any interest earned on
the investment of those monies. The Treasurer may invest the
moneys in the Fund in the same manner, in the same types of
investments, and subject to the same limitations provided in
the Illinois Pension Code for the investment of pension funds
other than those established under Article 3 or 4 of the
Code.
(b) As soon as may be practical after June 30, 2001, the
State Comptroller shall direct and the State Treasurer shall
transfer the unencumbered balance in the Tobacco Settlement
Recovery Fund as of June 30, 2001 into the Budget
Stabilization Fund. The Treasurer may invest the moneys in
the Budget Stabilization Fund in the same manner, in the same
types of investments, and subject to the same limitations
provided in the Illinois Pension Code for the investment of
pension funds other than those established under Article 3 or
4 of the Code.
(Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00;
91-797, eff. 6-9-00; revised 6-28-00.)
(30 ILCS 105/8.36)
Sec. 8.36. Airport Land Loan Revolving Fund.
Appropriations for loans to public airport owners by the
Department of Transportation pursuant to Section 34b of the
Illinois Aeronautics Act shall be payable from the Airport
Land Loan Revolving Fund.
(Source: P.A. 91-543, eff. 8-14-99.)
(30 ILCS 105/8.37)
Sec. 8.37. 8.36. State Police Wireless Service Emergency
Fund.
(a) The State Police Wireless Service Emergency Fund is
created as a special fund in the State Treasury.
(b) Grants to the Department of State Police from the
Wireless Service Emergency Fund shall be deposited into the
State Police Wireless Service Emergency Fund and shall be
used in accordance with Section 20 of the Wireless Emergency
Telephone Safety Act.
(c) On July 1, 1999, the State Comptroller and State
Treasurer shall transfer $1,300,000 from the General Revenue
Fund to the State Police Wireless Service Emergency Fund. On
June 30, 2003 the State Comptroller and State Treasurer shall
transfer $1,300,000 from the State Police Wireless Service
Emergency Fund to the General Revenue Fund.
(Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.)
Section 28. The General Obligation Bond Act is amended
by changing Section 9 as follows:
(30 ILCS 330/9) (from Ch. 127, par. 659)
Sec. 9. Conditions for Issuance and Sale of Bonds -
Requirements for Bonds. Bonds shall be issued and sold from
time to time, in one or more series, in such amounts and at
such prices as may be directed by the Governor, upon
recommendation by the Director of the Bureau of the Budget.
Bonds shall be in such form (either coupon, registered or
book entry), in such denominations, payable within 30 years
from their date, subject to such terms of redemption with or
without premium, bear interest payable at such times and at
such fixed rate or rates, and the Bond Authorization Act be
dated as shall be fixed and determined by the Director of the
Bureau of the Budget in the order authorizing the issuance
and sale of any series of Bonds, which order shall be
approved by the Governor and is herein called a "Bond Sale
Order"; provided however, that interest shall not exceed that
permitted in the Bond Authorization Act, as now or hereafter
amended. Said Bonds shall be payable at such place or
places, within or without the State of Illinois, and may be
made registrable as to either principal or as to both
principal and interest, as shall be specified in the Bond
Sale Order. Bonds may be callable or subject to purchase and
retirement as fixed and determined in the Bond Sale Order.,
(Source: P.A. 91-39, eff. 6-15-99; 91-357, eff. 7-29-99;
revised 8-23-99.)
Section 30. The Downstate Public Transportation Act is
amended by changing Section 2-7 as follows:
(30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
Sec. 2-7. Quarterly reports; annual audit.
(a) Any Metro-East Transit District participant shall,
no later than 30 days following the end of each month of any
fiscal year, file with the Department on forms provided by
the Department for that purpose, a report of the actual
operating deficit experienced during that quarter. The
Department shall, upon receipt of the quarterly report, and
upon determining that such operating deficits were incurred
in conformity with the program of proposed expenditures
approved by the Department pursuant to Section 2-11, pay to
any Metro-East Transit District participant such portion of
such operating deficit as funds have been transferred to the
Metro-East Transit Public Transportation Fund and allocated
to that Metro-East Transit District participant.
(b) Each participant other than any Metro-East Transit
District participant shall, 30 days before the end of each
quarter, file with the Department on forms provided by the
Department for such purposes a report of the projected
eligible operating expenses to be incurred in the next
quarter and 30 days before the third and fourth quarters of
any fiscal year a statement of actual eligible operating
expenses incurred in the preceding quarters. Within 45 days
of receipt by the Department of such quarterly report, the
Comptroller shall order paid and the Treasurer shall pay from
the Downstate Public Transportation Fund to each participant
an amount equal to one-third of such participant's eligible
operating expenses; provided, however, that in Fiscal Year
1997, the amount paid to each participant from the Downstate
Public Transportation Fund shall be an amount equal to 47% of
such participant's eligible operating expenses and shall be
increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
and thereafter; however, in any year that a participant
receives funding under subsection (i) of Section 2705-305 of
the Department of Transportation Law (20 ILCS 2705/2705-305),
that participant shall be eligible only for assistance equal
to the following percentage of its eligible operating
expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998,
46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in
Fiscal Year 2001 and thereafter. Any such payment for the
third and fourth quarters of any fiscal year shall be
adjusted to reflect actual eligible operating expenses for
preceding quarters of such fiscal year. However, no
participant shall receive an amount less than that which was
received in the immediate prior year, provided in the event
of a shortfall in the fund those participants receiving less
than their full allocation pursuant to Section 2-6 of this
Article shall be the first participants to receive an amount
not less than that received in the immediate prior year.
(c) No later than 180 days following the last day of the
Fiscal Year each participant shall provide the Department
with an audit prepared by a Certified Public Accountant
covering that Fiscal Year. Any discrepancy between the
grants paid and one-third of the eligible operating expenses
or in the case of the Bi-State Metropolitan Development
District the approved program amount shall be reconciled by
appropriate payment or credit. Beginning in Fiscal Year 1985,
for those participants other than the Bi-State Metropolitan
Development District, any discrepancy between the grants paid
and the percentage of the eligible operating expenses
provided for by paragraph (b) of this Section shall be
reconciled by appropriate payment or credit.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-9-99.)
Section 31. The State Mandates Act is amended by
changing Sections 8.23 and 8.24 as follows:
(30 ILCS 805/8.23)
Sec. 8.23. Exempt mandates mandate.
(a) 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 91-17, 91-56, 91-254,
91-401, 91-466, 91-474, 91-478, 91-486, 91-523, 91-578,
91-617, 91-635, or 91-651 this amendatory Act of the 91st
General Assembly 1999.
(b) Notwithstanding Sections 6 and 8 of this Act and
except for the payment provided in subsection (k) of Section
21-14 of the School Code, no reimbursement by the State is
required for the implementation of any mandate created by
Public Act 91-102 this amendatory Act of the 91st General
Assembly.
(Source: P.A. 91-17, eff. 6-4-99; 91-56, eff. 6-30-99;
91-102, eff. 7-12-99; 91-254, eff. 7-1-00; 91-401, eff.
1-1-00; 91-466, eff. 8-6-99; 91-474, eff. 11-1-99; 91-478,
eff. 11-1-99; 91-486, eff. 1-1-00; 91-523, eff. 1-1-00;
91-578, eff. 8-14-99; 91-617, eff. 1-1-00; 91-635, eff.
8-20-99; 91-651, eff. 1-1-00; revised 1-19-00.)
(30 ILCS 805/8.24)
Sec. 8.24. Exempt 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
91-699, 91-722, 91-834, 91-852, 91-870, 91-885, 91-887, or
91-897. this amendatory Act of the 91st General Assembly.
(Source: P.A. 91-699, eff. 1-1-01; 91-722, eff. 6-2-00;
91-834, eff. 1-1-01; 91-852, eff. 6-22-00; 91-870, eff.
6-22-00; 91-885, eff. 7-6-00; 91-887, eff. 7-6-00; 91-897,
eff. 7-6-00; revised 9-7-00.)
Section 32. The Illinois Income Tax Act is amended by
changing Sections 201, 203, 703, and 901 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate
for each taxable year ending after July 31, 1969 on the
privilege of earning or receiving income in or as a resident
of this State. Such tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate,
for taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate,
for taxable years beginning prior to July 1, 1989 and
ending after June 30, 1989, an amount equal to the sum of
(i) 2 1/2% of the taxpayer's net income for the period
prior to July 1, 1989, as calculated under Section 202.3,
and (ii) 3% of the taxpayer's net income for the period
after June 30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate,
for taxable years beginning after June 30, 1989, an
amount equal to 3% of the taxpayer's net income for the
taxable year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of
the taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of
the taxpayer's net income for the taxable year.
(c) Beginning on July 1, 1979 and thereafter, in
addition to such income tax, there is also hereby imposed the
Personal Property Tax Replacement Income Tax measured by net
income on every corporation (including Subchapter S
corporations), partnership and trust, for each taxable year
ending after June 30, 1979. Such taxes are imposed on the
privilege of earning or receiving income in or as a resident
of this State. The Personal Property Tax Replacement Income
Tax shall be in addition to the income tax imposed by
subsections (a) and (b) of this Section and in addition to
all other occupation or privilege taxes imposed by this State
or by any municipal corporation or political subdivision
thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
(d-1) Rate reduction for certain foreign insurers. In
the case of a foreign insurer, as defined by Section 35A-5 of
the Illinois Insurance Code, whose state or country of
domicile imposes on insurers domiciled in Illinois a
retaliatory tax (excluding any insurer whose premiums from
reinsurance assumed are 50% or more of its total insurance
premiums as determined under paragraph (2) of subsection (b)
of Section 304, except that for purposes of this
determination premiums from reinsurance do not include
premiums from inter-affiliate reinsurance arrangements),
beginning with taxable years ending on or after December 31,
1999, the sum of the rates of tax imposed by subsections (b)
and (d) shall be reduced (but not increased) to the rate at
which the total amount of tax imposed under this Act, net of
all credits allowed under this Act, shall equal (i) the total
amount of tax that would be imposed on the foreign insurer's
net income allocable to Illinois for the taxable year by such
foreign insurer's state or country of domicile if that net
income were subject to all income taxes and taxes measured by
net income imposed by such foreign insurer's state or country
of domicile, net of all credits allowed or (ii) a rate of
zero if no such tax is imposed on such income by the foreign
insurer's state of domicile. For the purposes of this
subsection (d-1), an inter-affiliate includes a mutual
insurer under common management.
(1) For the purposes of subsection (d-1), in no
event shall the sum of the rates of tax imposed by
subsections (b) and (d) be reduced below the rate at
which the sum of:
(A) the total amount of tax imposed on such
foreign insurer under this Act for a taxable year,
net of all credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409
of the Illinois Insurance Code, the fire insurance
company tax imposed by Section 12 of the Fire
Investigation Act, and the fire department taxes
imposed under Section 11-10-1 of the Illinois
Municipal Code,
equals 1.25% of the net taxable premiums written for the
taxable year, as described by subsection (1) of Section
409 of the Illinois Insurance Code. This paragraph will
in no event increase the rates imposed under subsections
(b) and (d).
(2) Any reduction in the rates of tax imposed by
this subsection shall be applied first against the rates
imposed by subsection (b) and only after the tax imposed
by subsection (a) net of all credits allowed under this
Section other than the credit allowed under subsection
(i) has been reduced to zero, against the rates imposed
by subsection (d).
This subsection (d-1) is exempt from the provisions of
Section 250.
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to
.5% of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be
allowed an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment
within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for
the first year in which they file employment records with
the Illinois Department of Employment Security. The
provisions added to this Section by Public Act 85-1200
(and restored by Public Act 87-895) shall be construed as
declaratory of existing law and not as a new enactment.
If, in any year, the increase in base employment within
Illinois over the preceding year is less than 1%, the
additional credit shall be limited to that percentage
times a fraction, the numerator of which is .5% and the
denominator of which is 1%, but shall not exceed .5%.
The investment credit shall not be allowed to the extent
that it would reduce a taxpayer's liability in any tax
year below zero, nor may any credit for qualified
property be allowed for any year other than the year in
which the property was placed in service in Illinois. For
tax years ending on or after December 31, 1987, and on or
before December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years if the
taxpayer (i) makes investments which cause the creation
of a minimum of 2,000 full-time equivalent jobs in
Illinois, (ii) is located in an enterprise zone
established pursuant to the Illinois Enterprise Zone Act
and (iii) is certified by the Department of Commerce and
Community Affairs as complying with the requirements
specified in clause (i) and (ii) by July 1, 1986. The
Department of Commerce and Community Affairs shall notify
the Department of Revenue of all such certifications
immediately. For tax years ending after December 31,
1988, the credit shall be allowed for the tax year in
which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that
year, whether it exceeds the original liability or the
liability as later amended, such excess may be carried
forward and applied to the tax liability of the 5 taxable
years following the excess credit years. The credit shall
be applied to the earliest year for which there is a
liability. If there is credit from more than one tax year
that is available to offset a liability, earlier credit
shall be applied first.
(2) The term "qualified property" means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings and signs that are real property, but not
including land or improvements to real property that
are not a structural component of a building such as
landscaping, sewer lines, local access roads,
fencing, parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (e);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining
coal or fluorite, or in retailing; and
(E) has not previously been used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(e) or subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of
the Internal Revenue Code. For purposes of this
subsection (e), the term "retailing" means the sale of
tangible personal property or services rendered in
conjunction with the sale of tangible consumer goods or
commodities.
(4) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(7) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside Illinois
within 48 months after being placed in service, the
Personal Property Tax Replacement Income Tax for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by
law, the basis of qualified property shall not include
costs incurred after December 31, 2003, except for costs
incurred pursuant to a binding contract entered into on
or before December 31, 2003.
(9) Each taxable year ending before December 31,
2000, a partnership may elect to pass through to its
partners the credits to which the partnership is entitled
under this subsection (e) for the taxable year. A
partner may use the credit allocated to him or her under
this paragraph only against the tax imposed in
subsections (c) and (d) of this Section. If the
partnership makes that election, those credits shall be
allocated among the partners in the partnership in
accordance with the rules set forth in Section 704(b) of
the Internal Revenue Code, and the rules promulgated
under that Section, and the allocated amount of the
credits shall be allowed to the partners for that taxable
year. The partnership shall make this election on its
Personal Property Tax Replacement Income Tax return for
that taxable year. The election to pass through the
credits shall be irrevocable.
For taxable years ending on or after December 31,
2000, a partner that qualifies its partnership for a
subtraction under subparagraph (I) of paragraph (2) of
subsection (d) of Section 203 or a shareholder that
qualifies a Subchapter S corporation for a subtraction
under subparagraph (S) of paragraph (2) of subsection (b)
of Section 203 shall be allowed a credit under this
subsection (e) equal to its share of the credit earned
under this subsection (e) during the taxable year by the
partnership or Subchapter S corporation, determined in
accordance with the determination of income and
distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. This
paragraph is exempt from the provisions of Section 250.
(f) Investment credit; Enterprise Zone.
(1) A taxpayer shall be allowed a credit against
the tax imposed by subsections (a) and (b) of this
Section for investment in qualified property which is
placed in service in an Enterprise Zone created pursuant
to the Illinois Enterprise Zone Act. For partners,
shareholders of Subchapter S corporations, and owners of
limited liability companies, if the liability company is
treated as a partnership for purposes of federal and
State income taxation, there shall be allowed a credit
under this subsection (f) to be determined in accordance
with the determination of income and distributive share
of income under Sections 702 and 704 and Subchapter S of
the Internal Revenue Code. The credit shall be .5% of the
basis for such property. The credit shall be available
only in the taxable year in which the property is placed
in service in the Enterprise Zone and shall not be
allowed to the extent that it would reduce a taxpayer's
liability for the tax imposed by subsections (a) and (b)
of this Section to below zero. For tax years ending on or
after December 31, 1985, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit year. The
credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than
one tax year that is available to offset a liability, the
credit accruing first in time shall be applied first.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (f);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone by the
taxpayer; and
(E) has not been previously used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(f) or subsection (e).
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone by the taxpayer,
the amount of such increase shall be deemed property
placed in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside the
Enterprise Zone within 48 months after being placed in
service, the tax imposed under subsections (a) and (b) of
this Section for such taxable year shall be increased.
Such increase shall be determined by (i) recomputing the
investment credit which would have been allowed for the
year in which credit for such property was originally
allowed by eliminating such property from such
computation, and (ii) subtracting such recomputed credit
from the amount of credit previously allowed. For the
purposes of this paragraph (6), a reduction of the basis
of qualified property resulting from a redetermination of
the purchase price shall be deemed a disposition of
qualified property to the extent of such reduction.
(g) Jobs Tax Credit; Enterprise Zone and Foreign Trade
Zone or Sub-Zone.
(1) A taxpayer conducting a trade or business in an
enterprise zone or a High Impact Business designated by
the Department of Commerce and Community Affairs
conducting a trade or business in a federally designated
Foreign Trade Zone or Sub-Zone shall be allowed a credit
against the tax imposed by subsections (a) and (b) of
this Section in the amount of $500 per eligible employee
hired to work in the zone during the taxable year.
(2) To qualify for the credit:
(A) the taxpayer must hire 5 or more eligible
employees to work in an enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone during the
taxable year;
(B) the taxpayer's total employment within the
enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone must increase by 5 or more
full-time employees beyond the total employed in
that zone at the end of the previous tax year for
which a jobs tax credit under this Section was
taken, or beyond the total employed by the taxpayer
as of December 31, 1985, whichever is later; and
(C) the eligible employees must be employed
180 consecutive days in order to be deemed hired for
purposes of this subsection.
(3) An "eligible employee" means an employee who
is:
(A) Certified by the Department of Commerce
and Community Affairs as "eligible for services"
pursuant to regulations promulgated in accordance
with Title II of the Job Training Partnership Act,
Training Services for the Disadvantaged or Title III
of the Job Training Partnership Act, Employment and
Training Assistance for Dislocated Workers Program.
(B) Hired after the enterprise zone or
federally designated Foreign Trade Zone or Sub-Zone
was designated or the trade or business was located
in that zone, whichever is later.
(C) Employed in the enterprise zone or Foreign
Trade Zone or Sub-Zone. An employee is employed in
an enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone if his services are rendered
there or it is the base of operations for the
services performed.
(D) A full-time employee working 30 or more
hours per week.
(4) For tax years ending on or after December 31,
1985 and prior to December 31, 1988, the credit shall be
allowed for the tax year in which the eligible employees
are hired. For tax years ending on or after December 31,
1988, the credit shall be allowed for the tax year
immediately following the tax year in which the eligible
employees are hired. If the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, earlier credit shall be applied first.
(5) The Department of Revenue shall promulgate such
rules and regulations as may be deemed necessary to carry
out the purposes of this subsection (g).
(6) The credit shall be available for eligible
employees hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsection (b) of Section 5.5 of the
Illinois Enterprise Zone Act, a taxpayer shall be allowed
a credit against the tax imposed by subsections (a) and
(b) of this Section for investment in qualified property
which is placed in service by a Department of Commerce
and Community Affairs designated High Impact Business.
The credit shall be .5% of the basis for such property.
The credit shall not be available until the minimum
investments in qualified property set forth in Section
5.5 of the Illinois Enterprise Zone Act have been
satisfied and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed
by subsections (a) and (b) of this Section to below zero.
The credit applicable to such minimum investments shall
be taken in the taxable year in which such minimum
investments have been completed. The credit for
additional investments beyond the minimum investment by a
designated high impact business shall be available only
in the taxable year in which the property is placed in
service and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed
by subsections (a) and (b) of this Section to below zero.
For tax years ending on or after December 31, 1987, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether
it exceeds the original liability or the liability as
later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years
following the excess credit year. The credit shall be
applied to the earliest year for which there is a
liability. If there is credit from more than one tax
year that is available to offset a liability, the credit
accruing first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public
Act 88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (h);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the
amount of such increase shall be deemed property placed
in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December
31, 1996, if a taxpayer qualifies for the credit under
this subsection (h) and thereby is granted a tax
abatement and the taxpayer relocates its entire facility
in violation of the explicit terms and length of the
contract under Section 18-183 of the Property Tax Code,
the tax imposed under subsections (a) and (b) of this
Section shall be increased for the taxable year in which
the taxpayer relocated its facility by an amount equal to
the amount of credit received by the taxpayer under this
subsection (h).
(i) A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the tax imposed
by subsections (c) and (d) of this Section. This credit
shall be computed by multiplying the tax imposed by
subsections (c) and (d) of this Section by a fraction, the
numerator of which is base income allocable to Illinois and
the denominator of which is Illinois base income, and further
multiplying the product by the tax rate imposed by
subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under
this subsection which is unused in the year the credit is
computed because it exceeds the tax liability imposed by
subsections (a) and (b) for that year (whether it exceeds the
original liability or the liability as later amended) may be
carried forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year. This credit shall be applied first to
the earliest year for which there is a liability. If there
is a credit under this subsection from more than one tax year
that is available to offset a liability the earliest credit
arising under this subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsection (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986, a taxpayer shall be
allowed a credit against the tax imposed by subsection (a)
and (b) under this Section for all amounts paid or accrued,
on behalf of all persons employed by the taxpayer in Illinois
or Illinois residents employed outside of Illinois by a
taxpayer, for educational or vocational training in
semi-technical or technical fields or semi-skilled or skilled
fields, which were deducted from gross income in the
computation of taxable income. The credit against the tax
imposed by subsections (a) and (b) shall be 1.6% of such
training expenses. For partners, shareholders of subchapter
S corporations, and owners of limited liability companies, if
the liability company is treated as a partnership for
purposes of federal and State income taxation, there shall be
allowed a credit under this subsection (j) to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused
in the year the credit is earned may be carried forward to
each of the 5 taxable years following the year for which the
credit is first computed until it is used. This credit shall
be applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a
liability the earliest credit arising under this subsection
shall be applied first.
(k) Research and development credit.
Beginning with tax years ending after July 1, 1990, a
taxpayer shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section for increasing
research activities in this State. The credit allowed
against the tax imposed by subsections (a) and (b) shall be
equal to 6 1/2% of the qualifying expenditures for increasing
research activities in this State. For partners, shareholders
of subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income
taxation, there shall be allowed a credit under this
subsection to be determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and subchapter S of the Internal
Revenue Code.
For purposes of this subsection, "qualifying
expenditures" means the qualifying expenditures as defined
for the federal credit for increasing research activities
which would be allowable under Section 41 of the Internal
Revenue Code and which are conducted in this State,
"qualifying expenditures for increasing research activities
in this State" means the excess of qualifying expenditures
for the taxable year in which incurred over qualifying
expenditures for the base period, "qualifying expenditures
for the base period" means the average of the qualifying
expenditures for each year in the base period, and "base
period" means the 3 taxable years immediately preceding the
taxable year for which the determination is being made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried
over as a credit against the tax liability for the following
5 taxable years or until it has been fully used, whichever
occurs first.
If an unused credit is carried forward to a given year
from 2 or more earlier years, that credit arising in the
earliest year will be applied first against the tax liability
for the given year. If a tax liability for the given year
still remains, the credit from the next earliest year will
then be applied, and so on, until all credits have been used
or no tax liability for the given year remains. Any
remaining unused credit or credits then will be carried
forward to the next following year in which a tax liability
is incurred, except that no credit can be carried forward to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
Unless extended by law, the credit shall not include
costs incurred after December 31, 2004, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 2004.
No inference shall be drawn from this amendatory Act of
the 91st General Assembly in construing this Section for
taxable years beginning before January 1, 1999.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997
and on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,
"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under
Section 58.10 of the Environmental Protection Act. The
credit must be claimed for the taxable year in which
Agency approval of the eligible remediation costs is
granted. The credit is not available to any taxpayer if
the taxpayer or any related party caused or contributed
to, in any material respect, a release of regulated
substances on, in, or under the site that was identified
and addressed by the remedial action pursuant to the Site
Remediation Program of the Environmental Protection Act.
After the Pollution Control Board rules are adopted
pursuant to the Illinois Administrative Procedure Act for
the administration and enforcement of Section 58.9 of the
Environmental Protection Act, determinations as to credit
availability for purposes of this Section shall be made
consistent with those rules. For purposes of this
Section, "taxpayer" includes a person whose tax
attributes the taxpayer has succeeded to under Section
381 of the Internal Revenue Code and "related party"
includes the persons disallowed a deduction for losses by
paragraphs (b), (c), and (f)(1) of Section 267 of the
Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit
allowed against the tax imposed by subsections (a) and
(b) shall be equal to 25% of the unreimbursed eligible
remediation costs in excess of $100,000 per site, except
that the $100,000 threshold shall not apply to any site
contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs. The total
credit allowed shall not exceed $40,000 per year with a
maximum total of $150,000 per site. For partners and
shareholders of subchapter S corporations, there shall be
allowed a credit under this subsection to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704
and of subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used.
The term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit
under this subsection from more than one tax year that is
available to offset a liability, the earliest credit
arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of
a remediation site and the tax credit shall succeed to
the unused credit and remaining carry-forward period of
the seller. To perfect the transfer, the assignor shall
record the transfer in the chain of title for the site
and provide written notice to the Director of the
Illinois Department of Revenue of the assignor's intent
to sell the remediation site and the amount of the tax
credit to be transferred as a portion of the sale. In no
event may a credit be transferred to any taxpayer if the
taxpayer or a related party would not be eligible under
the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(m) Education expense credit.
Beginning with tax years ending after December 31, 1999,
a taxpayer who is the custodian of one or more qualifying
pupils shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section for qualified
education expenses incurred on behalf of the qualifying
pupils. The credit shall be equal to 25% of qualified
education expenses, but in no event may the total credit
under this Section claimed by a family that is the custodian
of qualifying pupils exceed $500. In no event shall a credit
under this subsection reduce the taxpayer's liability under
this Act to less than zero. This subsection is exempt from
the provisions of Section 250 of this Act.
For purposes of this subsection;
"Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit
is sought were full-time pupils enrolled in a kindergarten
through twelfth grade education program at any school, as
defined in this subsection.
"Qualified education expense" means the amount incurred
on behalf of a qualifying pupil in excess of $250 for
tuition, book fees, and lab fees at the school in which the
pupil is enrolled during the regular school year.
"School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School
Code, except that nothing shall be construed to require a
child to attend any particular public or nonpublic school to
qualify for the credit under this Section.
"Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97;
90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff.
8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff.
7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860,
eff. 6-22-00; 91-913, eff. 1-1-01; revised 10-24-00.)
(35 ILCS 5/203) (from Ch. 120, par. 2-203)
Sec. 203. Base income defined.
(a) Individuals.
(1) In general. In the case of an individual, base
income means an amount equal to the taxpayer's adjusted
gross income for the taxable year as modified by
paragraph (2).
(2) Modifications. The adjusted gross income
referred to in paragraph (1) shall be modified by adding
thereto the sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of adjusted gross
income, except stock dividends of qualified public
utilities described in Section 305(e) of the
Internal Revenue Code;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of adjusted gross
income for the taxable year;
(C) An amount equal to the amount received
during the taxable year as a recovery or refund of
real property taxes paid with respect to the
taxpayer's principal residence under the Revenue Act
of 1939 and for which a deduction was previously
taken under subparagraph (L) of this paragraph (2)
prior to July 1, 1991, the retrospective application
date of Article 4 of Public Act 87-17. In the case
of multi-unit or multi-use structures and farm
dwellings, the taxes on the taxpayer's principal
residence shall be that portion of the total taxes
for the entire property which is attributable to
such principal residence;
(D) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of adjusted gross income;
(D-5) An amount, to the extent not included in
adjusted gross income, equal to the amount of money
withdrawn by the taxpayer in the taxable year from a
medical care savings account and the interest earned
on the account in the taxable year of a withdrawal
pursuant to subsection (b) of Section 20 of the
Medical Care Savings Account Act or subsection (b)
of Section 20 of the Medical Care Savings Account
Act of 2000; and
(D-10) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the individual deducted in
computing adjusted gross income and for which the
individual claims a credit under subsection (l) of
Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(E) Any amount included in such total in
respect of any compensation (including but not
limited to any compensation paid or accrued to a
serviceman while a prisoner of war or missing in
action) paid to a resident by reason of being on
active duty in the Armed Forces of the United States
and in respect of any compensation paid or accrued
to a resident who as a governmental employee was a
prisoner of war or missing in action, and in respect
of any compensation paid to a resident in 1971 or
thereafter for annual training performed pursuant to
Sections 502 and 503, Title 32, United States Code
as a member of the Illinois National Guard;
(F) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
408 of the Internal Revenue Code, or included in
such total as distributions under the provisions of
any retirement or disability plan for employees of
any governmental agency or unit, or retirement
payments to retired partners, which payments are
excluded in computing net earnings from self
employment by Section 1402 of the Internal Revenue
Code and regulations adopted pursuant thereto;
(G) The valuation limitation amount;
(H) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(I) An amount equal to all amounts included in
such total pursuant to the provisions of Section 111
of the Internal Revenue Code as a recovery of items
previously deducted from adjusted gross income in
the computation of taxable income;
(J) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act, and conducts substantially all
of its operations in an Enterprise Zone or zones;
(K) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(J) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (K);
(L) For taxable years ending after December
31, 1983, an amount equal to all social security
benefits and railroad retirement benefits included
in such total pursuant to Sections 72(r) and 86 of
the Internal Revenue Code;
(M) With the exception of any amounts
subtracted under subparagraph (N), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2), and 265(2) of the
Internal Revenue Code of 1954, as now or hereafter
amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section
265(1) of the Internal Revenue Code of 1954, as now
or hereafter amended; and (ii) for taxable years
ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of
Section 250;
(N) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(O) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(P) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986;
(Q) An amount equal to any amounts included in
such total, received by the taxpayer as an
acceleration in the payment of life, endowment or
annuity benefits in advance of the time they would
otherwise be payable as an indemnity for a terminal
illness;
(R) An amount equal to the amount of any
federal or State bonus paid to veterans of the
Persian Gulf War;
(S) An amount, to the extent included in
adjusted gross income, equal to the amount of a
contribution made in the taxable year on behalf of
the taxpayer to a medical care savings account
established under the Medical Care Savings Account
Act or the Medical Care Savings Account Act of 2000
to the extent the contribution is accepted by the
account administrator as provided in that Act;
(T) An amount, to the extent included in
adjusted gross income, equal to the amount of
interest earned in the taxable year on a medical
care savings account established under the Medical
Care Savings Account Act or the Medical Care Savings
Account Act of 2000 on behalf of the taxpayer, other
than interest added pursuant to item (D-5) of this
paragraph (2);
(U) For one taxable year beginning on or after
January 1, 1994, an amount equal to the total amount
of tax imposed and paid under subsections (a) and
(b) of Section 201 of this Act on grant amounts
received by the taxpayer under the Nursing Home
Grant Assistance Act during the taxpayer's taxable
years 1992 and 1993;
(V) Beginning with tax years ending on or
after December 31, 1995 and ending with tax years
ending on or before December 31, 2004, an amount
equal to the amount paid by a taxpayer who is a
self-employed taxpayer, a partner of a partnership,
or a shareholder in a Subchapter S corporation for
health insurance or long-term care insurance for
that taxpayer or that taxpayer's spouse or
dependents, to the extent that the amount paid for
that health insurance or long-term care insurance
may be deducted under Section 213 of the Internal
Revenue Code of 1986, has not been deducted on the
federal income tax return of the taxpayer, and does
not exceed the taxable income attributable to that
taxpayer's income, self-employment income, or
Subchapter S corporation income; except that no
deduction shall be allowed under this item (V) if
the taxpayer is eligible to participate in any
health insurance or long-term care insurance plan of
an employer of the taxpayer or the taxpayer's
spouse. The amount of the health insurance and
long-term care insurance subtracted under this item
(V) shall be determined by multiplying total health
insurance and long-term care insurance premiums paid
by the taxpayer times a number that represents the
fractional percentage of eligible medical expenses
under Section 213 of the Internal Revenue Code of
1986 not actually deducted on the taxpayer's federal
income tax return;
(W) For taxable years beginning on or after
January 1, 1998, all amounts included in the
taxpayer's federal gross income in the taxable year
from amounts converted from a regular IRA to a Roth
IRA. This paragraph is exempt from the provisions of
Section 250; and
(X) For taxable year 1999 and thereafter, an
amount equal to the amount of any (i) distributions,
to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime or as an heir of the victim and
(ii) items of income, to the extent includible in
gross income for federal income tax purposes,
attributable to, derived from or in any way related
to assets stolen from, hidden from, or otherwise
lost to a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime immediately prior to, during, and immediately
after World War II, including, but not limited to,
interest on the proceeds receivable as insurance
under policies issued to a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime by European insurance companies
immediately prior to and during World War II;
provided, however, this subtraction from federal
adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of
and the eligibility for any public assistance,
benefit, or similar entitlement is not affected by
the inclusion of items (i) and (ii) of this
paragraph in gross income for federal income tax
purposes. This paragraph is exempt from the
provisions of Section 250.
(b) Corporations.
(1) In general. In the case of a corporation, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to
in paragraph (1) shall be modified by adding thereto the
sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest and all
distributions received from regulated investment
companies during the taxable year to the extent
excluded from gross income in the computation of
taxable income;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of taxable income
for the taxable year;
(C) In the case of a regulated investment
company, an amount equal to the excess of (i) the
net long-term capital gain for the taxable year,
over (ii) the amount of the capital gain dividends
designated as such in accordance with Section
852(b)(3)(C) of the Internal Revenue Code and any
amount designated under Section 852(b)(3)(D) of the
Internal Revenue Code, attributable to the taxable
year (this amendatory Act of 1995 (Public Act 89-89)
is declarative of existing law and is not a new
enactment);
(D) The amount of any net operating loss
deduction taken in arriving at taxable income, other
than a net operating loss carried forward from a
taxable year ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications
other than those provided by this subparagraph (E)
exceeded subtraction modifications in such earlier
taxable year, with the following limitations applied
in the order that they are listed:
(i) the addition modification relating to
the net operating loss carried back or forward
to the taxable year from any taxable year
ending prior to December 31, 1986 shall be
reduced by the amount of addition modification
under this subparagraph (E) which related to
that net operating loss and which was taken
into account in calculating the base income of
an earlier taxable year, and
(ii) the addition modification relating
to the net operating loss carried back or
forward to the taxable year from any taxable
year ending prior to December 31, 1986 shall
not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding
provisions of this subparagraph (E) for each such
taxable year; and
(E-5) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the corporation deducted in
computing adjusted gross income and for which the
corporation claims a credit under subsection (l) of
Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(G) An amount equal to any amount included in
such total under Section 78 of the Internal Revenue
Code;
(H) In the case of a regulated investment
company, an amount equal to the amount of exempt
interest dividends as defined in subsection (b) (5)
of Section 852 of the Internal Revenue Code, paid to
shareholders for the taxable year;
(I) With the exception of any amounts
subtracted under subparagraph (J), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2), and 265(a)(2) and
amounts disallowed as interest expense by Section
291(a)(3) of the Internal Revenue Code, as now or
hereafter amended, and all amounts of expenses
allocable to interest and disallowed as deductions
by Section 265(a)(1) of the Internal Revenue Code,
as now or hereafter amended; and (ii) for taxable
years ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
of the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of
Section 250;
(J) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(K) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act and conducts substantially all
of its operations in an Enterprise Zone or zones;
(L) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(K) of paragraph 2 of this subsection shall not be
eligible for the deduction provided under this
subparagraph (L);
(M) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as
interest income from a loan or loans made by such
taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for
the Enterprise Zone Investment Credit. To determine
the portion of a loan or loans that is secured by
property eligible for a Section 201(f) 201(h)
investment credit to the borrower, the entire
principal amount of the loan or loans between the
taxpayer and the borrower should be divided into the
basis of the Section 201(f) 201(h) investment credit
property which secures the loan or loans, using for
this purpose the original basis of such property on
the date that it was placed in service in the
Enterprise Zone. The subtraction modification
available to taxpayer in any year under this
subsection shall be that portion of the total
interest paid by the borrower with respect to such
loan attributable to the eligible property as
calculated under the previous sentence;
(M-1) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as
interest income from a loan or loans made by such
taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for
the High Impact Business Investment Credit. To
determine the portion of a loan or loans that is
secured by property eligible for a Section 201(h)
201(i) investment credit to the borrower, the entire
principal amount of the loan or loans between the
taxpayer and the borrower should be divided into the
basis of the Section 201(h) 201(i) investment credit
property which secures the loan or loans, using for
this purpose the original basis of such property on
the date that it was placed in service in a
federally designated Foreign Trade Zone or Sub-Zone
located in Illinois. No taxpayer that is eligible
for the deduction provided in subparagraph (M) of
paragraph (2) of this subsection shall be eligible
for the deduction provided under this subparagraph
(M-1). The subtraction modification available to
taxpayers in any year under this subsection shall be
that portion of the total interest paid by the
borrower with respect to such loan attributable to
the eligible property as calculated under the
previous sentence;
(N) Two times any contribution made during the
taxable year to a designated zone organization to
the extent that the contribution (i) qualifies as a
charitable contribution under subsection (c) of
Section 170 of the Internal Revenue Code and (ii)
must, by its terms, be used for a project approved
by the Department of Commerce and Community Affairs
under Section 11 of the Illinois Enterprise Zone
Act;
(O) An amount equal to: (i) 85% for taxable
years ending on or before December 31, 1992, or, a
percentage equal to the percentage allowable under
Section 243(a)(1) of the Internal Revenue Code of
1986 for taxable years ending after December 31,
1992, of the amount by which dividends included in
taxable income and received from a corporation that
is not created or organized under the laws of the
United States or any state or political subdivision
thereof, including, for taxable years ending on or
after December 31, 1988, dividends received or
deemed received or paid or deemed paid under
Sections 951 through 964 of the Internal Revenue
Code, exceed the amount of the modification provided
under subparagraph (G) of paragraph (2) of this
subsection (b) which is related to such dividends;
plus (ii) 100% of the amount by which dividends,
included in taxable income and received, including,
for taxable years ending on or after December 31,
1988, dividends received or deemed received or paid
or deemed paid under Sections 951 through 964 of the
Internal Revenue Code, from any such corporation
specified in clause (i) that would but for the
provisions of Section 1504 (b) (3) of the Internal
Revenue Code be treated as a member of the
affiliated group which includes the dividend
recipient, exceed the amount of the modification
provided under subparagraph (G) of paragraph (2) of
this subsection (b) which is related to such
dividends;
(P) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(Q) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986;
(R) In the case of an attorney-in-fact with
respect to whom an interinsurer or a reciprocal
insurer has made the election under Section 835 of
the Internal Revenue Code, 26 U.S.C. 835, an amount
equal to the excess, if any, of the amounts paid or
incurred by that interinsurer or reciprocal insurer
in the taxable year to the attorney-in-fact over the
deduction allowed to that interinsurer or reciprocal
insurer with respect to the attorney-in-fact under
Section 835(b) of the Internal Revenue Code for the
taxable year; and
(S) For taxable years ending on or after
December 31, 1997, in the case of a Subchapter S
corporation, an amount equal to all amounts of
income allocable to a shareholder subject to the
Personal Property Tax Replacement Income Tax imposed
by subsections (c) and (d) of Section 201 of this
Act, including amounts allocable to organizations
exempt from federal income tax by reason of Section
501(a) of the Internal Revenue Code. This
subparagraph (S) is exempt from the provisions of
Section 250.
(3) Special rule. For purposes of paragraph (2)
(A), "gross income" in the case of a life insurance
company, for tax years ending on and after December 31,
1994, shall mean the gross investment income for the
taxable year.
(c) Trusts and estates.
(1) In general. In the case of a trust or estate,
base income means an amount equal to the taxpayer's
taxable income for the taxable year as modified by
paragraph (2).
(2) Modifications. Subject to the provisions of
paragraph (3), the taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of taxable income;
(B) In the case of (i) an estate, $600; (ii) a
trust which, under its governing instrument, is
required to distribute all of its income currently,
$300; and (iii) any other trust, $100, but in each
such case, only to the extent such amount was
deducted in the computation of taxable income;
(C) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of taxable income
for the taxable year;
(D) The amount of any net operating loss
deduction taken in arriving at taxable income, other
than a net operating loss carried forward from a
taxable year ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications
other than those provided by this subparagraph (E)
exceeded subtraction modifications in such taxable
year, with the following limitations applied in the
order that they are listed:
(i) the addition modification relating to
the net operating loss carried back or forward
to the taxable year from any taxable year
ending prior to December 31, 1986 shall be
reduced by the amount of addition modification
under this subparagraph (E) which related to
that net operating loss and which was taken
into account in calculating the base income of
an earlier taxable year, and
(ii) the addition modification relating
to the net operating loss carried back or
forward to the taxable year from any taxable
year ending prior to December 31, 1986 shall
not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding
provisions of this subparagraph (E) for each such
taxable year;
(F) For taxable years ending on or after
January 1, 1989, an amount equal to the tax deducted
pursuant to Section 164 of the Internal Revenue Code
if the trust or estate is claiming the same tax for
purposes of the Illinois foreign tax credit under
Section 601 of this Act;
(G) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of taxable income; and
(G-5) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the trust or estate deducted
in computing adjusted gross income and for which the
trust or estate claims a credit under subsection (l)
of Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(H) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
408 of the Internal Revenue Code or included in such
total as distributions under the provisions of any
retirement or disability plan for employees of any
governmental agency or unit, or retirement payments
to retired partners, which payments are excluded in
computing net earnings from self employment by
Section 1402 of the Internal Revenue Code and
regulations adopted pursuant thereto;
(I) The valuation limitation amount;
(J) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(K) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A),
(B), (C), (D), (E), (F) and (G) which are exempt
from taxation by this State either by reason of its
statutes or Constitution or by reason of the
Constitution, treaties or statutes of the United
States; provided that, in the case of any statute of
this State that exempts income derived from bonds or
other obligations from the tax imposed under this
Act, the amount exempted shall be the interest net
of bond premium amortization;
(L) With the exception of any amounts
subtracted under subparagraph (K), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2) and 265(a)(2) of the
Internal Revenue Code, as now or hereafter amended,
and all amounts of expenses allocable to interest
and disallowed as deductions by Section 265(1) of
the Internal Revenue Code of 1954, as now or
hereafter amended; and (ii) for taxable years ending
on or after August 13, 1999, Sections 171(a)(2),
265, 280C, and 832(b)(5)(B)(i) of the Internal
Revenue Code; the provisions of this subparagraph
are exempt from the provisions of Section 250;
(M) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act and conducts substantially all
of its operations in an Enterprise Zone or Zones;
(N) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(O) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(M) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (O);
(P) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986; and
(Q) For taxable year 1999 and thereafter, an
amount equal to the amount of any (i) distributions,
to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime or as an heir of the victim and
(ii) items of income, to the extent includible in
gross income for federal income tax purposes,
attributable to, derived from or in any way related
to assets stolen from, hidden from, or otherwise
lost to a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime immediately prior to, during, and immediately
after World War II, including, but not limited to,
interest on the proceeds receivable as insurance
under policies issued to a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime by European insurance companies
immediately prior to and during World War II;
provided, however, this subtraction from federal
adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of
and the eligibility for any public assistance,
benefit, or similar entitlement is not affected by
the inclusion of items (i) and (ii) of this
paragraph in gross income for federal income tax
purposes. This paragraph is exempt from the
provisions of Section 250.
(3) Limitation. The amount of any modification
otherwise required under this subsection shall, under
regulations prescribed by the Department, be adjusted by
any amounts included therein which were properly paid,
credited, or required to be distributed, or permanently
set aside for charitable purposes pursuant to Internal
Revenue Code Section 642(c) during the taxable year.
(d) Partnerships.
(1) In general. In the case of a partnership, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to
in paragraph (1) shall be modified by adding thereto the
sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of taxable income;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income for the taxable year;
(C) The amount of deductions allowed to the
partnership pursuant to Section 707 (c) of the
Internal Revenue Code in calculating its taxable
income; and
(D) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of taxable income;
and by deducting from the total so obtained the following
amounts:
(E) The valuation limitation amount;
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(G) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A),
(B), (C) and (D) which are exempt from taxation by
this State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(H) Any income of the partnership which
constitutes personal service income as defined in
Section 1348 (b) (1) of the Internal Revenue Code
(as in effect December 31, 1981) or a reasonable
allowance for compensation paid or accrued for
services rendered by partners to the partnership,
whichever is greater;
(I) An amount equal to all amounts of income
distributable to an entity subject to the Personal
Property Tax Replacement Income Tax imposed by
subsections (c) and (d) of Section 201 of this Act
including amounts distributable to organizations
exempt from federal income tax by reason of Section
501(a) of the Internal Revenue Code;
(J) With the exception of any amounts
subtracted under subparagraph (G), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2), and 265(2) of the
Internal Revenue Code of 1954, as now or hereafter
amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section
265(1) of the Internal Revenue Code, as now or
hereafter amended; and (ii) for taxable years ending
on or after August 13, 1999, Sections 171(a)(2),
265, 280C, and 832(b)(5)(B)(i) of the Internal
Revenue Code; the provisions of this subparagraph
are exempt from the provisions of Section 250;
(K) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act, enacted by the 82nd General
Assembly, and which does not conduct such operations
other than in an Enterprise Zone or Zones;
(L) An amount equal to any contribution made
to a job training project established pursuant to
the Real Property Tax Increment Allocation
Redevelopment Act;
(M) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(K) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (M); and
(N) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986.
(e) Gross income; adjusted gross income; taxable income.
(1) In general. Subject to the provisions of
paragraph (2) and subsection (b) (3), for purposes of
this Section and Section 803(e), a taxpayer's gross
income, adjusted gross income, or taxable income for the
taxable year shall mean the amount of gross income,
adjusted gross income or taxable income properly
reportable for federal income tax purposes for the
taxable year under the provisions of the Internal Revenue
Code. Taxable income may be less than zero. However, for
taxable years ending on or after December 31, 1986, net
operating loss carryforwards from taxable years ending
prior to December 31, 1986, may not exceed the sum of
federal taxable income for the taxable year before net
operating loss deduction, plus the excess of addition
modifications over subtraction modifications for the
taxable year. For taxable years ending prior to December
31, 1986, taxable income may never be an amount in excess
of the net operating loss for the taxable year as defined
in subsections (c) and (d) of Section 172 of the Internal
Revenue Code, provided that when taxable income of a
corporation (other than a Subchapter S corporation),
trust, or estate is less than zero and addition
modifications, other than those provided by subparagraph
(E) of paragraph (2) of subsection (b) for corporations
or subparagraph (E) of paragraph (2) of subsection (c)
for trusts and estates, exceed subtraction modifications,
an addition modification must be made under those
subparagraphs for any other taxable year to which the
taxable income less than zero (net operating loss) is
applied under Section 172 of the Internal Revenue Code or
under subparagraph (E) of paragraph (2) of this
subsection (e) applied in conjunction with Section 172 of
the Internal Revenue Code.
(2) Special rule. For purposes of paragraph (1) of
this subsection, the taxable income properly reportable
for federal income tax purposes shall mean:
(A) Certain life insurance companies. In the
case of a life insurance company subject to the tax
imposed by Section 801 of the Internal Revenue Code,
life insurance company taxable income, plus the
amount of distribution from pre-1984 policyholder
surplus accounts as calculated under Section 815a of
the Internal Revenue Code;
(B) Certain other insurance companies. In the
case of mutual insurance companies subject to the
tax imposed by Section 831 of the Internal Revenue
Code, insurance company taxable income;
(C) Regulated investment companies. In the
case of a regulated investment company subject to
the tax imposed by Section 852 of the Internal
Revenue Code, investment company taxable income;
(D) Real estate investment trusts. In the
case of a real estate investment trust subject to
the tax imposed by Section 857 of the Internal
Revenue Code, real estate investment trust taxable
income;
(E) Consolidated corporations. In the case of
a corporation which is a member of an affiliated
group of corporations filing a consolidated income
tax return for the taxable year for federal income
tax purposes, taxable income determined as if such
corporation had filed a separate return for federal
income tax purposes for the taxable year and each
preceding taxable year for which it was a member of
an affiliated group. For purposes of this
subparagraph, the taxpayer's separate taxable income
shall be determined as if the election provided by
Section 243(b) (2) of the Internal Revenue Code had
been in effect for all such years;
(F) Cooperatives. In the case of a
cooperative corporation or association, the taxable
income of such organization determined in accordance
with the provisions of Section 1381 through 1388 of
the Internal Revenue Code;
(G) Subchapter S corporations. In the case
of: (i) a Subchapter S corporation for which there
is in effect an election for the taxable year under
Section 1362 of the Internal Revenue Code, the
taxable income of such corporation determined in
accordance with Section 1363(b) of the Internal
Revenue Code, except that taxable income shall take
into account those items which are required by
Section 1363(b)(1) of the Internal Revenue Code to
be separately stated; and (ii) a Subchapter S
corporation for which there is in effect a federal
election to opt out of the provisions of the
Subchapter S Revision Act of 1982 and have applied
instead the prior federal Subchapter S rules as in
effect on July 1, 1982, the taxable income of such
corporation determined in accordance with the
federal Subchapter S rules as in effect on July 1,
1982; and
(H) Partnerships. In the case of a
partnership, taxable income determined in accordance
with Section 703 of the Internal Revenue Code,
except that taxable income shall take into account
those items which are required by Section 703(a)(1)
to be separately stated but which would be taken
into account by an individual in calculating his
taxable income.
(f) Valuation limitation amount.
(1) In general. The valuation limitation amount
referred to in subsections (a) (2) (G), (c) (2) (I) and
(d)(2) (E) is an amount equal to:
(A) The sum of the pre-August 1, 1969
appreciation amounts (to the extent consisting of
gain reportable under the provisions of Section 1245
or 1250 of the Internal Revenue Code) for all
property in respect of which such gain was reported
for the taxable year; plus
(B) The lesser of (i) the sum of the
pre-August 1, 1969 appreciation amounts (to the
extent consisting of capital gain) for all property
in respect of which such gain was reported for
federal income tax purposes for the taxable year, or
(ii) the net capital gain for the taxable year,
reduced in either case by any amount of such gain
included in the amount determined under subsection
(a) (2) (F) or (c) (2) (H).
(2) Pre-August 1, 1969 appreciation amount.
(A) If the fair market value of property
referred to in paragraph (1) was readily
ascertainable on August 1, 1969, the pre-August 1,
1969 appreciation amount for such property is the
lesser of (i) the excess of such fair market value
over the taxpayer's basis (for determining gain) for
such property on that date (determined under the
Internal Revenue Code as in effect on that date), or
(ii) the total gain realized and reportable for
federal income tax purposes in respect of the sale,
exchange or other disposition of such property.
(B) If the fair market value of property
referred to in paragraph (1) was not readily
ascertainable on August 1, 1969, the pre-August 1,
1969 appreciation amount for such property is that
amount which bears the same ratio to the total gain
reported in respect of the property for federal
income tax purposes for the taxable year, as the
number of full calendar months in that part of the
taxpayer's holding period for the property ending
July 31, 1969 bears to the number of full calendar
months in the taxpayer's entire holding period for
the property.
(C) The Department shall prescribe such
regulations as may be necessary to carry out the
purposes of this paragraph.
(g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
(h) Legislative intention. Except as expressly provided
by this Section there shall be no modifications or
limitations on the amounts of income, gain, loss or deduction
taken into account in determining gross income, adjusted
gross income or taxable income for federal income tax
purposes for the taxable year, or in the amount of such items
entering into the computation of base income and net income
under this Act for such taxable year, whether in respect of
property values as of August 1, 1969 or otherwise.
(Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98;
90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff.
7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676,
eff. 12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01;
revised 1-15-01.)
(35 ILCS 5/703) (from Ch. 120, par. 7-703)
Sec. 703. Information statement. Every employer required
to deduct and withhold tax under this Act from compensation
of an employee, or who would have been required so to deduct
and withhold tax if the employee's withholding exemption were
not in excess of the basic amount in Section 204(b), shall
furnish in duplicate to each such employee in respect of the
compensation paid by such employer to such employee during
the calendar year on or before January 31 of the succeeding
year, or, if his employment is terminated before the close of
such calendar year, on the date on which the last payment of
compensation is made, a written statement in such form as the
Department may by regulation prescribe showing the amount of
compensation paid by the employer to the employee, the amount
deducted and withheld as tax, the tax-exempt amount
contributed to a medical savings account, and such other
information as the Department shall prescribe. A copy of such
statement shall be filed by the employee with his return for
his taxable year to which it relates (as determined under
Section 601(b)(1)).
(Source: P.A. 90-613, eff. 7-9-98; 91-841, eff. 6-22-00;
revised 9-1-00.)
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection Authority.
(a) In general.
The Department shall collect the taxes imposed by this
Act. The Department shall collect certified past due child
support amounts under Section 2505-650 of the Department of
Revenue Law (20 ILCS 2505/2505-650). Except as provided in
subsections (c) and (e) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 2505-650 of the
Department of Revenue Law (20 ILCS 2505/2505-650) shall be
paid into the Child Support Enforcement Trust Fund, a special
fund outside the State Treasury, or to the State Disbursement
Unit established under Section 10-26 of the Illinois Public
Aid Code, as directed by the Department of Public Aid.
(b) Local Governmental Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1994, and
continuing through June 30, 1995, the Treasurer shall
transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to 1/11 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during the preceding
month. Beginning July 1, 1995, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to 1/10 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act during
the preceding month. Net revenue realized for a month shall
be defined as the revenue from the tax imposed by subsections
(a) and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government Distributive Fund
during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2),
and (3), of Section 201 of this Act into a fund in the
State treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001,
the Annual Percentage shall be 7.1%. For all other
fiscal years, the Annual Percentage shall be calculated
as a fraction, the numerator of which shall be the amount
of refunds approved for payment by the Department during
the preceding fiscal year as a result of overpayment of
tax liability under subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act plus the amount of such
refunds remaining approved but unpaid at the end of the
preceding fiscal year, the denominator of which shall be
the amounts which will be collected pursuant to
subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year. The
Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it
is to be effective.
(2) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act into a
fund in the State treasury known as the Income Tax Refund
Fund. The Department shall deposit 18% of such amounts
during the period beginning January 1, 1989 and ending on
June 30, 1989. Beginning with State fiscal year 1990 and
for each fiscal year thereafter, the percentage deposited
into the Income Tax Refund Fund during a fiscal year
shall be the Annual Percentage. For fiscal years 1999,
2000, and 2001, the Annual Percentage shall be 19%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved
but unpaid at the end of the preceding fiscal year, the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act during
the preceding fiscal year. The Director of Revenue shall
certify the Annual Percentage to the Comptroller on the
last business day of the fiscal year immediately
preceding the fiscal year for which it is to be
effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i)
$35,000,000 in January, 2001, (ii) $35,000,000 in
January, 2002, and (iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income
Tax Refund Fund shall be expended exclusively for the
purpose of paying refunds resulting from overpayment of
tax liability under Section 201 of this Act, for paying
rebates under Section 208.1 in the event that the amounts
in the Homeowners' Tax Relief Fund are insufficient for
that purpose, and for making transfers pursuant to this
subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to
the extent that amounts collected pursuant to Section 201
of this Act and transfers pursuant to this subsection (d)
and item (3) of subsection (c) have been deposited and
retained in the Fund.
(3) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Personal Property Tax Replacement Fund to the Income
Tax Refund Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount of
refunds resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal
year 1999 and of each fiscal year thereafter, the
Director shall order transferred and the State Treasurer
and State Comptroller shall transfer from the Income Tax
Refund Fund to the General Revenue Fund any surplus
remaining in the Income Tax Refund Fund as of the end of
such fiscal year; excluding for fiscal years 2000, 2001,
and 2002 amounts attributable to transfers under item (3)
of subsection (c) less refunds resulting from the earned
income tax credit.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 7.3% into the Education Assistance
Fund in the State Treasury. Beginning July 1, 1991, and
continuing through January 31, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 3.0% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning February 1, 1993 and
continuing through June 30, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 4.4% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning July 1, 1993, and continuing
through June 30, 1994, of the amounts collected under
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department
shall deposit 1.475% into the Income Tax Surcharge Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
91-212, eff. 7-20-99; 91-239, eff. 1-1-00; 91-700, eff.
5-11-00; 91-704, eff. 7-1-00; 91-712, eff. 7-1-00; revised
6-28-00.)
Section 33. The Use Tax Act is amended by changing
Sections 3-55 and 9 as follows:
(35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
Sec. 3-55. Multistate exemption. The tax imposed by
this Act does not apply to the use of tangible personal
property in this State under the following circumstances:
(a) The use, in this State, of tangible personal
property acquired outside this State by a nonresident
individual and brought into this State by the individual for
his or her own use while temporarily within this State or
while passing through this State.
(b) The use, in this State, of tangible personal
property by an interstate carrier for hire as rolling stock
moving in interstate commerce or by lessors under a lease of
one year or longer executed or in effect at the time of
purchase of tangible personal property by interstate carriers
for-hire for use as rolling stock moving in interstate
commerce as long as so used by the interstate carriers
for-hire, 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.
(c) The use, in this State, by 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 as long as so used by the interstate
carriers for hire, 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.
(d) The use, in this State, of tangible personal
property that is acquired outside this State and caused to be
brought into this State by a person who has already paid a
tax in another State in respect to the sale, purchase, or use
of that property, to the extent of the amount of the tax
properly due and paid in the other State.
(e) The temporary storage, in this State, of tangible
personal property that is acquired outside this State and
that, after being brought into this State and stored here
temporarily, is used solely outside this State or is
physically attached to or incorporated into other tangible
personal property that is used solely outside this State, or
is altered by converting, fabricating, manufacturing,
printing, processing, or shaping, and, as altered, is used
solely outside this State.
(f) The temporary storage in this State of building
materials and fixtures that are acquired either in this State
or outside this State by an Illinois registered combination
retailer and construction contractor, and that the purchaser
thereafter uses outside this State by incorporating that
property into real estate located outside this State.
(g) The use or purchase of tangible personal property by
a common carrier by rail or motor 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.
(h) The use, in this State, of a motor vehicle that was
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
shall be prima facie evidence that the motor vehicle will not
be titled in this State.
(i) Beginning July 1, 1999, the use, in this State, of
fuel acquired outside this State and brought into this State
in the fuel supply tanks of locomotives engaged in freight
hauling and passenger service for interstate commerce. This
subsection is exempt from the provisions of Section 3-90.
(Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97;
91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 91-587, eff.
8-14-99; revised 9-29-99.)
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
Sec. 9. Except as to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered
with an agency of this State, each retailer required or
authorized to collect the tax imposed by this Act shall pay
to the Department the amount of such tax (except as otherwise
provided) at the time when he is required to file his return
for the period during which such tax was collected, less a
discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is
greater, which is allowed to reimburse the retailer for
expenses incurred in collecting the tax, keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. In the case of retailers
who report and pay the tax on a transaction by transaction
basis, as provided in this Section, such discount shall be
taken with each such tax remittance instead of when such
retailer files his periodic return. A retailer need not
remit that part of any tax collected by him to the extent
that he is required to remit and does remit the tax imposed
by the Retailers' Occupation Tax Act, with respect to the
sale of the same property.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof,
is extended beyond the close of the period for which the
return is filed, the retailer, in collecting the tax (except
as to motor vehicles, watercraft, aircraft, and trailers that
are required to be registered with an agency of this State),
may collect for each tax return period, only the tax
applicable to that part of the selling price actually
received during such tax return period.
Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall
file a return for the preceding calendar month. Such return
shall be filed on forms prescribed by the Department and
shall furnish such information as the Department may
reasonably require.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on or
before the twentieth day of the following calendar month,
stating:
1. The name of the seller;
2. The address of the principal place of business
from which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by
him during the preceding calendar month from sales of
tangible personal property by him during such preceding
calendar month, including receipts from charge and time
sales, but less all deductions allowed by law;
4. The amount of credit provided in Section 2d of
this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall
make all payments required by rules of the Department by
electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1,
2000, a taxpayer who has an annual tax liability of $200,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. The term "annual
tax liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local
occupation and use tax laws administered by the Department,
for the immediately preceding calendar year. The term
"average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year
divided by 12.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers required
to make payments by electronic funds transfer shall make
those payments for a minimum of one year beginning on October
1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic
funds transfer and any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax
Act, the Service Use Tax Act was $10,000 or more during the
preceding 4 complete calendar quarters, he shall file a
return with the Department each month by the 20th day of the
month next following the month during which such tax
liability is incurred and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of
the month during which such liability is incurred. On and
after October 1, 2000, if the taxpayer's average monthly tax
liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, and the
Service Use Tax Act was $20,000 or more during the preceding
4 complete calendar quarters, he shall file a return with the
Department each month by the 20th day of the month next
following the month during which such tax liability is
incurred and shall make payment to the Department on or
before the 7th, 15th, 22nd and last day of the month during
which such liability is incurred. If the month during which
such tax liability is incurred began prior to January 1,
1985, each payment shall be in an amount equal to 1/4 of the
taxpayer's actual liability for the month or an amount set by
the Department not to exceed 1/4 of the average monthly
liability of the taxpayer to the Department for the preceding
4 complete calendar quarters (excluding the month of highest
liability and the month of lowest liability in such 4 quarter
period). If the month during which such tax liability is
incurred begins on or after January 1, 1985, and prior to
January 1, 1987, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or
27.5% of the taxpayer's liability for the same calendar month
of the preceding year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, and
prior to January 1, 1988, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 26.25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during
which such tax liability is incurred begins on or after
January 1, 1988, and prior to January 1, 1989, or begins on
or after January 1, 1996, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during
which such tax liability is incurred begins on or after
January 1, 1989, and prior to January 1, 1996, each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 25% of the taxpayer's liability
for the same calendar month of the preceding year or 100% of
the taxpayer's actual liability for the quarter monthly
reporting period. The amount of such quarter monthly
payments shall be credited against the final tax liability of
the taxpayer's return for that month. Before October 1,
2000, once applicable, the requirement of the making of
quarter monthly payments to the Department shall continue
until such taxpayer's average monthly liability to the
Department during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding
complete calendar quarter period is less than $10,000.
However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for change in such
taxpayer's reporting status. On and after October 1, 2000,
once applicable, the requirement of the making of quarter
monthly payments to the Department shall continue until such
taxpayer's average monthly liability to the Department during
the preceding 4 complete calendar quarters (excluding the
month of highest liability and the month of lowest liability)
is less than $19,000 or until such taxpayer's average monthly
liability to the Department as computed for each calendar
quarter of the 4 preceding complete calendar quarter period
is less than $20,000. However, if a taxpayer can show the
Department that a substantial change in the taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax liability for the reasonably
foreseeable future will fall below the $20,000 threshold
stated above, then such taxpayer may petition the Department
for a change in such taxpayer's reporting status. The
Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and
not likely to be long term. If any such quarter monthly
payment is not paid at the time or in the amount required by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
and the amount of such quarter monthly payment actually and
timely paid, except insofar as the taxpayer has previously
made payments for that month to the Department in excess of
the minimum payments previously due as provided in this
Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
If any such payment provided for in this Section exceeds
the taxpayer's liabilities under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act and the
Service Use Tax Act, as shown by an original monthly return,
the Department shall issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment,
which memorandum may be submitted by the taxpayer to the
Department in payment of tax liability subsequently to be
remitted by the taxpayer to the Department or be assigned by
the taxpayer to a similar taxpayer under this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax Act
or the Service Use Tax Act, in accordance with reasonable
rules and regulations to be prescribed by the Department,
except that if such excess payment is shown on an original
monthly return and is made after December 31, 1986, no credit
memorandum shall be issued, unless requested by the taxpayer.
If no such request is made, the taxpayer may credit such
excess payment against tax liability subsequently to be
remitted by the taxpayer to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act or the Service Use Tax Act, in accordance with reasonable
rules and regulations prescribed by the Department. If the
Department subsequently determines that all or any part of
the credit taken was not actually due to the taxpayer, the
taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% of the difference between the credit taken
and that actually due, and the taxpayer shall be liable for
penalties and interest on such difference.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February, and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of
such year; with the return for July, August and September of
a given year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly
or quarterly return and if the retailer's average monthly tax
liability to the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January
20 of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which a retailer may file his
return, in the case of any retailer who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Act, such retailer shall file a final
return under this Act with the Department not more than one
month after discontinuing such business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered
with an agency of this State, every retailer selling this
kind of tangible personal property shall file, with the
Department, upon a form to be prescribed and supplied by the
Department, a separate return for each such item of tangible
personal property which the retailer sells, except that if,
in the same transaction, (i) a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft, watercraft, motor vehicle or trailer retailer for
the purpose of resale or (ii) a retailer of aircraft,
watercraft, motor vehicles, or trailers transfers more than
one aircraft, watercraft, motor vehicle, or trailer to a
purchaser for use as a qualifying rolling stock as provided
in Section 3-55 of this Act, then that seller may report the
transfer of all the aircraft, watercraft, motor vehicles or
trailers involved in that transaction to the Department on
the same uniform invoice-transaction reporting return form.
For purposes of this Section, "watercraft" means a Class 2,
Class 3, or Class 4 watercraft as defined in Section 3-2 of
the Boat Registration and Safety Act, a personal watercraft,
or any boat equipped with an inboard motor.
The transaction reporting return in the case of motor
vehicles or trailers that are required to be registered with
an agency of this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of the Illinois
Vehicle Code and must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale; a sufficient identification of
the property sold; such other information as is required in
Section 5-402 of the Illinois Vehicle Code, and such other
information as the Department may reasonably require.
The transaction reporting return in the case of
watercraft and aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale, a sufficient identification of
the property sold, and such other information as the
Department may reasonably require.
Such transaction reporting return shall be filed not
later than 20 days after the date of delivery of the item
that is being sold, but may be filed by the retailer at any
time sooner than that if he chooses to do so. The
transaction reporting return and tax remittance or proof of
exemption from the tax that is imposed by this Act may be
transmitted to the Department by way of the State agency with
which, or State officer with whom, the tangible personal
property must be titled or registered (if titling or
registration is required) if the Department and such agency
or State officer determine that this procedure will expedite
the processing of applications for title or registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible
personal property that is involved (if titling or
registration is required) in support of such purchaser's
application for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment
of tax or proof of exemption made to the Department before
the retailer is willing to take these actions and such user
has not paid the tax to the retailer, such user may certify
to the fact of such delay by the retailer, and may (upon the
Department being satisfied of the truth of such
certification) transmit the information required by the
transaction reporting return and the remittance for tax or
proof of exemption directly to the Department and obtain his
tax receipt or exemption determination, in which event the
transaction reporting return and tax remittance (if a tax
payment was required) shall be credited by the Department to
the proper retailer's account with the Department, but
without the 2.1% or 1.75% discount provided for in this
Section being allowed. When the user pays the tax directly
to the Department, he shall pay the tax in the same amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
Where a retailer collects the tax with respect to the
selling price of tangible personal property which he sells
and the purchaser thereafter returns such tangible personal
property and the retailer refunds the selling price thereof
to the purchaser, such retailer shall also refund, to the
purchaser, the tax so collected from the purchaser. When
filing his return for the period in which he refunds such tax
to the purchaser, the retailer may deduct the amount of the
tax so refunded by him to the purchaser from any other use
tax which such retailer may be required to pay or remit to
the Department, as shown by such return, if the amount of the
tax to be deducted was previously remitted to the Department
by such retailer. If the retailer has not previously
remitted the amount of such tax to the Department, he is
entitled to no deduction under this Act upon refunding such
tax to the purchaser.
Any retailer filing a return under this Section shall
also include (for the purpose of paying tax thereon) the
total tax covered by such return upon the selling price of
tangible personal property purchased by him at retail from a
retailer, but as to which the tax imposed by this Act was not
collected from the retailer filing such return, and such
retailer shall remit the amount of such tax to the Department
when filing such return.
If experience indicates such action to be practicable,
the Department may prescribe and furnish a combination or
joint return which will enable retailers, who are required to
file returns hereunder and also under the Retailers'
Occupation Tax Act, to furnish all the return information
required by both Acts on the one form.
Where the retailer has more than one business registered
with the Department under separate registration under this
Act, such retailer may not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered
business.
Beginning January 1, 1990, each month the Department
shall pay into the State and Local Sales Tax Reform Fund, a
special fund in the State Treasury which is hereby created,
the net revenue realized for the preceding month from the 1%
tax on sales of food for human consumption which is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks and food which 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.
Beginning January 1, 1990, each month the Department
shall pay into the County and Mass Transit District Fund 4%
of the net revenue realized for the preceding month from the
6.25% general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by an agency of
this State's government.
Beginning January 1, 1990, each month the Department
shall pay into the State and Local Sales Tax Reform Fund, a
special fund in the State Treasury, 20% of the net revenue
realized for the preceding month from the 6.25% general rate
on the selling price of tangible personal property, other
than tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of
the net revenue realized for the preceding month from the
1.25% rate on the selling price of motor fuel and gasohol.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund 16% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by an agency of
this State's government.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount
(as defined in Section 3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys received
by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the
sum of (1) the Tax Act Amount required to be deposited into
the Build Illinois Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred during such
month to the Build Illinois Fund from the State and Local
Sales Tax Reform Fund shall have been less than 1/12 of the
Annual Specified Amount, an amount equal to the difference
shall be immediately paid into the Build Illinois Fund from
other moneys received by the Department pursuant to the Tax
Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable into the Build Illinois Fund under this clause (b)
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter and all fees
and costs payable with respect thereto, all as certified by
the Director of the Bureau of the Budget. If on the last
business day of any month in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond Account in the
Build Illinois Fund in such month shall be less than the
amount required to be transferred in such month from the
Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the preceding sentence and shall reduce the amount
otherwise payable for such fiscal year pursuant to clause (b)
of the preceding sentence. The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois
Fund as provided in the preceding paragraph or in any
amendment thereto hereafter enacted, the following specified
monthly installment of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority provided under Section 8.25f of the
State Finance Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act
into the McCormick Place Expansion Project Fund in the
specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 108,000,000
2008 115,000,000
2009 120,000,000
2010 126,000,000
2011 132,000,000
2012 138,000,000
2013 and 145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year,
but not in excess of the amount specified above as "Total
Deposit", has been deposited.
Subject to payment of amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs or in any amendment thereto
hereafter enacted, each month the Department shall pay into
the Local Government Distributive Fund .4% of the net revenue
realized for the preceding month from the 5% general rate, or
.4% of 80% of the net revenue realized for the preceding
month from the 6.25% general rate, as the case may be, on the
selling price of tangible personal property which amount
shall, subject to appropriation, be distributed as provided
in Section 2 of the State Revenue Sharing Act. No payments or
distributions pursuant to this paragraph shall be made if the
tax imposed by this Act on photoprocessing products is
declared unconstitutional, or if the proceeds from such tax
are unavailable for distribution because of litigation.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to 1.7% of 80% of the net revenue
realized under this Act for the second preceding month.
Beginning April 1, 2000, this transfer is no longer required
and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to
such sales, if the retailers who are affected do not make
written objection to the Department to this arrangement.
(Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98;
91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff.
7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901,
eff. 1-1-01; revised 8-30-00.)
Section 34. The Service Use Tax Act is amended by
changing Sections 3-5 and 3-45 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 arts
or cultural 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 or support of
arts or cultural programming, activities, or services. These
organizations include, but are not limited to, music and
dramatic arts organizations such as symphony orchestras and
theatrical groups, arts and cultural service organizations,
local arts councils, visual arts organizations, and media
arts organizations.
(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,
including machinery and equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from
a motor vehicle required to be licensed and units sold
mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment includes,
but is not limited to, soil testing sensors, computers,
monitors, software, global positioning and mapping systems,
and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (7) is exempt
from the provisions of Section 3-75.
(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.
(19) Beginning July 1, 1999, game or game birds
purchased at a "game breeding and hunting preserve area" or
an "exotic game hunting area" as those terms are used in the
Wildlife Code or at a hunting enclosure approved through
rules adopted by the Department of Natural Resources. This
paragraph is exempt from the provisions of Section 3-75.
(20) (19) A motor vehicle, as that term is defined in
Section 1-146 of the Illinois Vehicle Code, that is donated
to a corporation, limited liability company, society,
association, foundation, or institution that is determined by
the Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(21) (20) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of volunteers
and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at
the events from another individual or entity that sold the
property for the purpose of resale by the fundraising entity
and that profits from the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-75.
(22) (19) Beginning January 1, 2000, new or used
automatic vending machines that prepare and serve hot food
and beverages, including coffee, soup, and other items, and
replacement parts for these machines. This paragraph is
exempt from the provisions of Section 3-75.
(Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644,
eff. 8-20-99; revised 9-29-99.)
(35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
Sec. 3-45. Multistate exemption. The tax imposed by
this Act does not apply to the use of tangible personal
property in this State under the following circumstances:
(a) The use, in this State, of property acquired outside
this State by a nonresident individual and brought into this
State by the individual for his or her own use while
temporarily within this State or while passing through this
State.
(b) The use, in this State, of property that is acquired
outside this State and that is moved into this State for use
as rolling stock moving in interstate commerce.
(c) The use, in this State, of property that is acquired
outside this State and caused to be brought into this State
by a person who has already paid a tax in another state in
respect to the sale, purchase, or use of that property, to
the extent of the amount of the tax properly due and paid in
the other state.
(d) The temporary storage, in this State, of property
that is acquired outside this State and that after being
brought into this State and stored here temporarily, is used
solely outside this State or is physically attached to or
incorporated into other property that is used solely outside
this State, or is altered by converting, fabricating,
manufacturing, printing, processing, or shaping, and, as
altered, is used solely outside this State.
(e) Beginning July 1, 1999, the use, in this State, of
fuel acquired outside this State and brought into this State
in the fuel supply tanks of locomotives engaged in freight
hauling and passenger service for interstate commerce. This
subsection is exempt from the provisions of Section 3-75.
(Source: P.A. 91-51, eff. 6-30-99; 91-313, eff. 7-29-99;
91-587, eff. 8-14-99; revised 9-29-99.)
Section 35. 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
arts or cultural 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
or support of arts or cultural programming, activities, or
services. These organizations include, but are not limited
to, music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts
organizations, and media arts organizations.
(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,
including machinery and equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from
a motor vehicle required to be licensed and units sold
mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment includes,
but is not limited to, soil testing sensors, computers,
monitors, software, global positioning and mapping systems,
and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (7) is exempt
from the provisions of Section 3-55.
(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 non-prescription
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.
(20) Beginning July 1, 1999, game or game birds sold at
a "game breeding and hunting preserve area" or an "exotic
game hunting area" as those terms are used in the Wildlife
Code or at a hunting enclosure approved through rules adopted
by the Department of Natural Resources. This paragraph is
exempt from the provisions of Section 3-55.
(21) (20) A motor vehicle, as that term is defined in
Section 1-146 of the Illinois Vehicle Code, that is donated
to a corporation, limited liability company, society,
association, foundation, or institution that is determined by
the Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(22) (21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of volunteers
and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at
the events from another individual or entity that sold the
property for the purpose of resale by the fundraising entity
and that profits from the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-55.
(23) (20) Beginning January 1, 2000, new or used
automatic vending machines that prepare and serve hot food
and beverages, including coffee, soup, and other items, and
replacement parts for these machines. This paragraph is
exempt from the provisions of Section 3-55.
(Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
7-20-99; 91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637,
eff. 8-20-99; 91-644, eff. 8-20-99; revised 9-29-99.)
Section 36. The Retailers' Occupation Tax Act is amended
by changing Sections 2-5 and 3 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,
including machinery and equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (2). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from
a motor vehicle required to be licensed and units sold
mounted on a motor vehicle required to be licensed, if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment includes,
but is not limited to, soil testing sensors, computers,
monitors, software, global positioning and mapping systems,
and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (7) is exempt
from the provisions of Section 2-70.
(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 arts or
cultural 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 or support of
arts or cultural programming, activities, or services. These
organizations include, but are not limited to, music and
dramatic arts organizations such as symphony orchestras and
theatrical groups, arts and cultural service organizations,
local arts councils, visual arts organizations, and media
arts organizations.
(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 or motor 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.
(32) Beginning July 1, 1999, game or game birds sold at
a "game breeding and hunting preserve area" or an "exotic
game hunting area" as those terms are used in the Wildlife
Code or at a hunting enclosure approved through rules adopted
by the Department of Natural Resources. This paragraph is
exempt from the provisions of Section 2-70.
(33) (32) A motor vehicle, as that term is defined in
Section 1-146 of the Illinois Vehicle Code, that is donated
to a corporation, limited liability company, society,
association, foundation, or institution that is determined by
the Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(34) (33) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of volunteers
and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at
the events from another individual or entity that sold the
property for the purpose of resale by the fundraising entity
and that profits from the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 2-70.
(35) (32) Beginning January 1, 2000, new or used
automatic vending machines that prepare and serve hot food
and beverages, including coffee, soup, and other items, and
replacement parts for these machines. This paragraph is
exempt from the provisions of Section 2-70.
(Source: P.A. 90-14, eff. 7-1-97; 90-519, eff. 6-1-98;
90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 91-51, eff.
6-30-99; 91-200, eff. 7-20-99; 91-439, eff. 8-6-99; 91-533,
eff. 8-13-99; 91-637, eff. 8-20-99; 91-644, eff. 8-20-99;
revised 9-28-99.)
(35 ILCS 120/3) (from Ch. 120, par. 442)
Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person
engaged in the business of selling tangible personal property
at retail in this State during the preceding calendar month
shall file a return with the Department, stating:
1. The name of the seller;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of selling
tangible personal property at retail in this State;
3. Total amount of receipts received by him during
the preceding calendar month or quarter, as the case may
be, from sales of tangible personal property, and from
services furnished, by him during such preceding calendar
month or quarter;
4. Total amount received by him during the
preceding calendar month or quarter on charge and time
sales of tangible personal property, and from services
furnished, by him prior to the month or quarter for which
the return is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during
the preceding calendar month or quarter and upon the
basis of which the tax is imposed;
7. The amount of credit provided in Section 2d of
this Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
A retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer as provided in Section
3-85 of the Use Tax Act, may be used by that retailer to
satisfy Retailers' Occupation Tax liability in the amount
claimed in the certification, not to exceed 6.25% of the
receipts subject to tax from a qualifying purchase.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on or
before the twentieth day of the following calendar month,
stating:
1. The name of the seller;
2. The address of the principal place of business
from which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by
him during the preceding calendar month from sales of
tangible personal property by him during such preceding
calendar month, including receipts from charge and time
sales, but less all deductions allowed by law;
4. The amount of credit provided in Section 2d of
this Act;
5. The amount of tax due; and
6. Such other reasonable information as the
Department may require.
If a total amount of less than $1 is payable, refundable
or creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50 cents
or more.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who
has an average monthly tax liability of $100,000 or more
shall make all payments required by rules of the Department
by electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October
1, 2000, a taxpayer who has an annual tax liability of
$200,000 or more shall make all payments required by rules of
the Department by electronic funds transfer. The term
"annual tax liability" shall be the sum of the taxpayer's
liabilities under this Act, and under all other State and
local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year. The
term "average monthly tax liability" shall be the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year
divided by 12.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers
required to make payments by electronic funds transfer shall
make those payments for a minimum of one year beginning on
October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic
funds transfer and any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on
any return or other document under this Act shall, if such
amount is not a whole-dollar amount, be increased to the
nearest whole-dollar amount in any case where the fractional
part of a dollar is 50 cents or more, and decreased to the
nearest whole-dollar amount where the fractional part of a
dollar is less than 50 cents.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of
such year; with the return for July, August and September of
a given year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly
or quarterly return and if the retailer's average monthly tax
liability with the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January
20 of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which a retailer may file his
return, in the case of any retailer who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Act, such retailer shall file a final
return under this Act with the Department not more than one
month after discontinuing such business.
Where the same person has more than one business
registered with the Department under separate registrations
under this Act, such person may not file each return that is
due as a single return covering all such registered
businesses, but shall file separate returns for each such
registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered
with an agency of this State, every retailer selling this
kind of tangible personal property shall file, with the
Department, upon a form to be prescribed and supplied by the
Department, a separate return for each such item of tangible
personal property which the retailer sells, except that if,
in the same transaction, (i) a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft, watercraft, motor vehicle retailer or trailer
retailer for the purpose of resale or (ii) a retailer of
aircraft, watercraft, motor vehicles, or trailers transfers
more than one aircraft, watercraft, motor vehicle, or trailer
to a purchaser for use as a qualifying rolling stock as
provided in Section 2-5 of this Act, then that seller may
report the transfer of all aircraft, watercraft, motor
vehicles or trailers involved in that transaction to the
Department on the same uniform invoice-transaction reporting
return form. For purposes of this Section, "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in
Section 3-2 of the Boat Registration and Safety Act, a
personal watercraft, or any boat equipped with an inboard
motor.
Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation
tax liability is required to be reported, and is reported, on
such transaction reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not file
monthly or quarterly returns. However, those retailers shall
be required to file returns on an annual basis.
The transaction reporting return, in the case of motor
vehicles or trailers that are required to be registered with
an agency of this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of The Illinois
Vehicle Code and must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale; a sufficient identification of
the property sold; such other information as is required in
Section 5-402 of The Illinois Vehicle Code, and such other
information as the Department may reasonably require.
The transaction reporting return in the case of
watercraft or aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale, a sufficient identification of
the property sold, and such other information as the
Department may reasonably require.
Such transaction reporting return shall be filed not
later than 20 days after the day of delivery of the item that
is being sold, but may be filed by the retailer at any time
sooner than that if he chooses to do so. The transaction
reporting return and tax remittance or proof of exemption
from the Illinois use tax may be transmitted to the
Department by way of the State agency with which, or State
officer with whom the tangible personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a use tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible
personal property that is involved (if titling or
registration is required) in support of such purchaser's
application for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment
of the tax or proof of exemption made to the Department
before the retailer is willing to take these actions and such
user has not paid the tax to the retailer, such user may
certify to the fact of such delay by the retailer and may
(upon the Department being satisfied of the truth of such
certification) transmit the information required by the
transaction reporting return and the remittance for tax or
proof of exemption directly to the Department and obtain his
tax receipt or exemption determination, in which event the
transaction reporting return and tax remittance (if a tax
payment was required) shall be credited by the Department to
the proper retailer's account with the Department, but
without the 2.1% or 1.75% discount provided for in this
Section being allowed. When the user pays the tax directly
to the Department, he shall pay the tax in the same amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal
property returned to the seller, shall be allowed as a
deduction under subdivision 5 of his monthly or quarterly
return, as the case may be, in case the seller had
theretofore included the receipts from the sale of such
tangible personal property in a return filed by him and had
paid the tax imposed by this Act with respect to such
receipts.
Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
Where the seller is a limited liability company, the
return filed on behalf of the limited liability company shall
be signed by a manager, member, or properly accredited agent
of the limited liability company.
Except as provided in this Section, the retailer filing
the return under this Section shall, at the time of filing
such return, pay to the Department the amount of tax imposed
by this Act less a discount of 2.1% prior to January 1, 1990
and 1.75% on and after January 1, 1990, or $5 per calendar
year, whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. Any prepayment made
pursuant to Section 2d of this Act shall be included in the
amount on which such 2.1% or 1.75% discount is computed. In
the case of retailers who report and pay the tax on a
transaction by transaction basis, as provided in this
Section, such discount shall be taken with each such tax
remittance instead of when such retailer files his periodic
return.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was
$10,000 or more during the preceding 4 complete calendar
quarters, he shall file a return with the Department each
month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make
payments to the Department on or before the 7th, 15th, 22nd
and last day of the month during which such liability is
incurred. On and after October 1, 2000, if the taxpayer's
average monthly tax liability to the Department under this
Act, the Use Tax Act, the Service Occupation Tax Act, and the
Service Use Tax Act, excluding any liability for prepaid
sales tax to be remitted in accordance with Section 2d of
this Act, was $20,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month next following the
month during which such tax liability is incurred and shall
make payment to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. If the month during which such tax liability is
incurred began prior to January 1, 1985, each payment shall
be in an amount equal to 1/4 of the taxpayer's actual
liability for the month or an amount set by the Department
not to exceed 1/4 of the average monthly liability of the
taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability
and the month of lowest liability in such 4 quarter period).
If the month during which such tax liability is incurred
begins on or after January 1, 1985 and prior to January 1,
1987, each payment shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for the same calendar month of the
preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1987 and prior to
January 1, 1988, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or
26.25% of the taxpayer's liability for the same calendar
month of the preceding year. If the month during which such
tax liability is incurred begins on or after January 1, 1988,
and prior to January 1, 1989, or begins on or after January
1, 1996, each payment shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 25% of the
taxpayer's liability for the same calendar month of the
preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior to
January 1, 1996, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 25%
of the taxpayer's liability for the same calendar month of
the preceding year or 100% of the taxpayer's actual liability
for the quarter monthly reporting period. The amount of such
quarter monthly payments shall be credited against the final
tax liability of the taxpayer's return for that month.
Before October 1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $10,000
or more as determined in the manner provided above shall
continue until such taxpayer's average monthly liability to
the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding
complete calendar quarter period is less than $10,000.
However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for a change in such
taxpayer's reporting status. On and after October 1, 2000,
once applicable, the requirement of the making of quarter
monthly payments to the Department by taxpayers having an
average monthly tax liability of $20,000 or more as
determined in the manner provided above shall continue until
such taxpayer's average monthly liability to the Department
during the preceding 4 complete calendar quarters (excluding
the month of highest liability and the month of lowest
liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarter period is less than $20,000. However, if a taxpayer
can show the Department that a substantial change in the
taxpayer's business has occurred which causes the taxpayer to
anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $20,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status.
The Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and
not likely to be long term. If any such quarter monthly
payment is not paid at the time or in the amount required by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
as a payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer has
previously made payments for that month to the Department in
excess of the minimum payments previously due as provided in
this Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average
in excess of $25,000 per month during the preceding 2
complete calendar quarters, shall file a return with the
Department as required by Section 2f and shall make payments
to the Department on or before the 7th, 15th, 22nd and last
day of the month during which such liability is incurred. If
the month during which such tax liability is incurred began
prior to the effective date of this amendatory Act of 1985,
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d. If the month
during which such tax liability is incurred begins on or
after January 1, 1986, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 27.5% of the taxpayer's liability for the same
calendar month of the preceding calendar year. If the month
during which such tax liability is incurred begins on or
after January 1, 1987, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 26.25% of the taxpayer's liability for the same
calendar month of the preceding year. The amount of such
quarter monthly payments shall be credited against the final
tax liability of the taxpayer's return for that month filed
under this Section or Section 2f, as the case may be. Once
applicable, the requirement of the making of quarter monthly
payments to the Department pursuant to this paragraph shall
continue until such taxpayer's average monthly prepaid tax
collections during the preceding 2 complete calendar quarters
is $25,000 or less. If any such quarter monthly payment is
not paid at the time or in the amount required, the taxpayer
shall be liable for penalties and interest on such
difference, except insofar as the taxpayer has previously
made payments for that month in excess of the minimum
payments previously due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment.
The credit evidenced by such credit memorandum may be
assigned by the taxpayer to a similar taxpayer under this
Act, the Use Tax Act, the Service Occupation Tax Act or the
Service Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department. If no such
request is made, the taxpayer may credit such excess payment
against tax liability subsequently to be remitted to the
Department under this Act, the Use Tax Act, the Service
Occupation Tax Act or the Service Use Tax Act, in accordance
with reasonable rules and regulations prescribed by the
Department. If the Department subsequently determined that
all or any part of the credit taken was not actually due to
the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall be reduced by 2.1% or 1.75% of the difference between
the credit taken and that actually due, and that taxpayer
shall be liable for penalties and interest on such
difference.
If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act for the month which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund, a special fund
in the State treasury which is hereby created, the net
revenue realized for the preceding month from the 1% tax on
sales of food for human consumption which is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks and food which 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.
Beginning January 1, 1990, each month the Department
shall pay into the County and Mass Transit District Fund, a
special fund in the State treasury which is hereby created,
4% of the net revenue realized for the preceding month from
the 6.25% general rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund 16% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to this Act, Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, and Section 9 of the Service Occupation
Tax Act, such Acts being hereinafter called the "Tax Acts"
and such aggregate of 2.2% or 3.8%, as the case may be, of
moneys being hereinafter called the "Tax Act Amount", and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as hereinafter defined), an amount
equal to the difference shall be immediately paid into the
Build Illinois Fund from other moneys received by the
Department pursuant to the Tax Acts; the "Annual Specified
Amount" means the amounts specified below for fiscal years
1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994
and each fiscal year thereafter; and further provided, that
if on the last business day of any month the sum of (1) the
Tax Act Amount required to be deposited into the Build
Illinois Bond Account in the Build Illinois Fund during such
month and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified Amount, an
amount equal to the difference shall be immediately paid into
the Build Illinois Fund from other moneys received by the
Department pursuant to the Tax Acts; and, further provided,
that in no event shall the payments required under the
preceding proviso result in aggregate payments into the Build
Illinois Fund pursuant to this clause (b) for any fiscal year
in excess of the greater of (i) the Tax Act Amount or (ii)
the Annual Specified Amount for such fiscal year. The
amounts payable into the Build Illinois Fund under clause (b)
of the first sentence in this paragraph shall be payable only
until such time as the aggregate amount on deposit under each
trust indenture securing Bonds issued and outstanding
pursuant to the Build Illinois Bond Act is sufficient, taking
into account any future investment income, to fully provide,
in accordance with such indenture, for the defeasance of or
the payment of the principal of, premium, if any, and
interest on the Bonds secured by such indenture and on any
Bonds expected to be issued thereafter and all fees and costs
payable with respect thereto, all as certified by the
Director of the Bureau of the Budget. If on the last
business day of any month in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of
moneys deposited in the Build Illinois Bond Account in the
Build Illinois Fund in such month shall be less than the
amount required to be transferred in such month from the
Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the first sentence of this paragraph and shall reduce the
amount otherwise payable for such fiscal year pursuant to
that clause (b). The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and
charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois
Fund as provided in the preceding paragraph or in any
amendment thereto hereafter enacted, the following specified
monthly installment of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority provided under Section 8.25f of the
State Finance Act, but not in excess of sums designated as
"Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act
into the McCormick Place Expansion Project Fund in the
specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 108,000,000
2008 115,000,000
2009 120,000,000
2010 126,000,000
2011 132,000,000
2012 138,000,000
2013 and 145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year,
but not in excess of the amount specified above as "Total
Deposit", has been deposited.
Subject to payment of amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs or in any amendment thereto
hereafter enacted, each month the Department shall pay into
the Local Government Distributive Fund 0.4% of the net
revenue realized for the preceding month from the 5% general
rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property which
amount shall, subject to appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing Act. No
payments or distributions pursuant to this paragraph shall be
made if the tax imposed by this Act on photoprocessing
products is declared unconstitutional, or if the proceeds
from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a
statement of gross receipts as shown by the retailer's last
Federal income tax return. If the total receipts of the
business as reported in the Federal income tax return do not
agree with the gross receipts reported to the Department of
Revenue for the same period, the retailer shall attach to his
annual return a schedule showing a reconciliation of the 2
amounts and the reasons for the difference. The retailer's
annual return to the Department shall also disclose the cost
of goods sold by the retailer during the year covered by such
return, opening and closing inventories of such goods for
such year, costs of goods used from stock or taken from stock
and given away by the retailer during such year, payroll
information of the retailer's business during such year and
any additional reasonable information which the Department
deems would be helpful in determining the accuracy of the
monthly, quarterly or annual returns filed by such retailer
as provided for in this Section.
If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be
liable as follows:
(i) Until January 1, 1994, the taxpayer shall be
liable for a penalty equal to 1/6 of 1% of the tax due
from such taxpayer under this Act during the period to be
covered by the annual return for each month or fraction
of a month until such return is filed as required, the
penalty to be assessed and collected in the same manner
as any other penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer
shall be liable for a penalty as described in Section 3-4
of the Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person
who willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and
punished accordingly. The annual return form prescribed by
the Department shall include a warning that the person
signing the return may be liable for perjury.
The provisions of this Section concerning the filing of
an annual information return do not apply to a retailer who
is not required to file an income tax return with the United
States Government.
As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to 1.7% of 80% of the net revenue
realized under this Act for the second preceding month.
Beginning April 1, 2000, this transfer is no longer required
and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to
such sales, if the retailers who are affected do not make
written objection to the Department to this arrangement.
Any person who promotes, organizes, provides retail
selling space for concessionaires or other types of sellers
at the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar exhibitions
or events, including any transient merchant as defined by
Section 2 of the Transient Merchant Act of 1987, is required
to file a report with the Department providing the name of
the merchant's business, the name of the person or persons
engaged in merchant's business, the permanent address and
Illinois Retailers Occupation Tax Registration Number of the
merchant, the dates and location of the event and other
reasonable information that the Department may require. The
report must be filed not later than the 20th day of the month
next following the month during which the event with retail
sales was held. Any person who fails to file a report
required by this Section commits a business offense and is
subject to a fine not to exceed $250.
Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art
shows, flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report
of the amount of such sales to the Department and to make a
daily payment of the full amount of tax due. The Department
shall impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on
evidence that a substantial number of concessionaires or
other sellers who are not residents of Illinois will be
engaging in the business of selling tangible personal
property at retail at the exhibition or event, or other
evidence of a significant risk of loss of revenue to the
State. The Department shall notify concessionaires and other
sellers affected by the imposition of this requirement. In
the absence of notification by the Department, the
concessionaires and other sellers shall file their returns as
otherwise required in this Section.
(Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98;
91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff.
7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901,
eff. 1-1-01; revised 1-15-01.)
Section 37. The Hotel Operators' Occupation Tax Act is
amended by changing Section 6 as follows:
(35 ILCS 145/6) (from Ch. 120, par. 481b.36)
(Text of Section before amendment by P.A. 91-935)
Sec. 6. Except as provided hereinafter in this Section,
on or before the last day of each calendar month, every
person engaged in the business of renting, leasing or letting
rooms in a hotel in this State during the preceding calendar
month shall file a return with the Department, stating:
1. The name of the operator;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of
renting, leasing or letting rooms in a hotel in this
State;
3. Total amount of rental receipts received by him
during the preceding calendar month from renting, leasing
or letting rooms during such preceding calendar month;
4. Total amount of rental receipts received by him
during the preceding calendar month from renting, leasing
or letting rooms to permanent residents during such
preceding calendar month;
5. Total amount of other exclusions from gross
rental receipts allowed by this Act;
6. Gross rental receipts which were received by him
during the preceding calendar month and upon the basis of
which the tax is imposed;
7. The amount of tax due;
8. Such other reasonable information as the
Department may require.
If the operator's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February and March of a given year being
due by April 30 of such year; with the return for April, May
and June of a given year being due by July 31 of such year;
with the return for July, August and September of a given
year being due by October 31 of such year, and with the
return for October, November and December of a given year
being due by January 31 of the following year.
If the operator's average monthly tax liability to the
Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return
for a given year being due by January 31 of the following
year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which an operator may file his
return, in the case of any operator who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Act, such operator shall file a final
return under this Act with the Department not more than 1
month after discontinuing such business.
Where the same person has more than 1 business registered
with the Department under separate registrations under this
Act, such person shall not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered
business.
In his return, the operator shall determine the value of
any consideration other than money received by him in
connection with the renting, leasing or letting of rooms in
the course of his business and he shall include such value in
his return. Such determination shall be subject to review
and revision by the Department in the manner hereinafter
provided for the correction of returns.
Where the operator is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
The person filing the return herein provided for shall,
at the time of filing such return, pay to the Department the
amount of tax herein imposed. The operator filing the return
under this Section shall, at the time of filing such return,
pay to the Department the amount of tax imposed by this Act
less a discount of 2.1% or $25 per calendar year, whichever
is greater, which is allowed to reimburse the operator for
the expenses incurred in keeping records, preparing and
filing returns, remitting the tax and supplying data to the
Department on request.
There shall be deposited in the Build Illinois Fund in
the State Treasury for each State fiscal year 40% of the
amount of total net proceeds from the tax imposed by
subsection (a) of Section 3. Of the remaining 60%,
$5,000,000 shall be deposited in the Illinois Sports
Facilities Fund and credited to the Subsidy Account each
fiscal year by making monthly deposits in the amount of 1/8
of $5,000,000 plus cumulative deficiencies in such deposits
for prior months, and an additional $8,000,000 shall be
deposited in the Illinois Sports Facilities Fund and credited
to the Advance Account each fiscal year by making monthly
deposits in the amount of 1/8 of $8,000,000 plus any
cumulative deficiencies in such deposits for prior months.
(The deposits of the additional $8,000,000 during each fiscal
year shall be treated as advances of funds to the Illinois
Sports Facilities Authority for its corporate purposes to the
extent paid to the Authority or its trustee and shall be
repaid into the General Revenue Fund in the State Treasury by
the State Treasurer on behalf of the Authority solely from
collections of the tax imposed by the Authority pursuant to
Section 19 of the Illinois Sports Facilities Act, as
amended.)
Of the remaining 60% of the amount of total net proceeds
from the tax imposed by subsection (a) of Section 3 after all
required deposits in the Illinois Sports Facilities Fund, the
amount equal to 8% of the net revenue realized from the Hotel
Operators' Occupation Tax Act plus an amount equal to 8% of
the net revenue realized from any tax imposed under Section
4.05 of the Chicago World's Fair-1992 Authority during the
preceding month shall be deposited in the Local Tourism Fund
each month for purposes authorized by Section 605-705 of the
Department of Commerce and Community Affairs Law (20 ILCS
605/605-705) in the Local Tourism Fund, and beginning August
1, 1999, the amount equal to 6% of the net revenue realized
from the Hotel Operators' Occupation Tax Act during the
preceding month shall be deposited into the International
Tourism Fund for the purposes authorized in Section 605-725
of the Department of Commerce and Community Affairs Law 46.6d
of the Civil Administrative Code of Illinois. "Net revenue
realized for a month" means the revenue collected by the
State under that Act during the previous month less the
amount paid out during that same month as refunds to
taxpayers for overpayment of liability under that Act.
After making all these deposits, all other proceeds of
the tax imposed under subsection (a) of Section 3 shall be
deposited in the General Revenue Fund in the State Treasury.
All moneys received by the Department from the additional tax
imposed under subsection (b) of Section 3 shall be deposited
into the Build Illinois Fund in the State Treasury.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a
statement of gross receipts as shown by the operator's last
State income tax return. If the total receipts of the
business as reported in the State income tax return do not
agree with the gross receipts reported to the Department for
the same period, the operator shall attach to his annual
information return a schedule showing a reconciliation of the
2 amounts and the reasons for the difference. The operator's
annual information return to the Department shall also
disclose pay roll information of the operator's business
during the year covered by such return and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual tax returns by such operator as hereinbefore
provided for in this Section.
If the annual information return required by this Section
is not filed when and as required the taxpayer shall be
liable for a penalty in an amount determined in accordance
with Section 3-4 of the Uniform Penalty and Interest Act
until such return is filed as required, the penalty to be
assessed and collected in the same manner as any other
penalty provided for in this Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person
who willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and
punished accordingly. The annual return form prescribed by
the Department shall include a warning that the person
signing the return may be liable for perjury.
The foregoing portion of this Section concerning the
filing of an annual information return shall not apply to an
operator who is not required to file an income tax return
with the United States Government.
(Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
91-604, eff. 8-16-99; revised 10-27-99.)
(Text of Section after amendment by P.A. 91-935)
Sec. 6. Except as provided hereinafter in this Section,
on or before the last day of each calendar month, every
person engaged in the business of renting, leasing or letting
rooms in a hotel in this State during the preceding calendar
month shall file a return with the Department, stating:
1. The name of the operator;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of
renting, leasing or letting rooms in a hotel in this
State;
3. Total amount of rental receipts received by him
during the preceding calendar month from renting, leasing
or letting rooms during such preceding calendar month;
4. Total amount of rental receipts received by him
during the preceding calendar month from renting, leasing
or letting rooms to permanent residents during such
preceding calendar month;
5. Total amount of other exclusions from gross
rental receipts allowed by this Act;
6. Gross rental receipts which were received by him
during the preceding calendar month and upon the basis of
which the tax is imposed;
7. The amount of tax due;
8. Such other reasonable information as the
Department may require.
If the operator's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February and March of a given year being
due by April 30 of such year; with the return for April, May
and June of a given year being due by July 31 of such year;
with the return for July, August and September of a given
year being due by October 31 of such year, and with the
return for October, November and December of a given year
being due by January 31 of the following year.
If the operator's average monthly tax liability to the
Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return
for a given year being due by January 31 of the following
year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which an operator may file his
return, in the case of any operator who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Act, such operator shall file a final
return under this Act with the Department not more than 1
month after discontinuing such business.
Where the same person has more than 1 business registered
with the Department under separate registrations under this
Act, such person shall not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered
business.
In his return, the operator shall determine the value of
any consideration other than money received by him in
connection with the renting, leasing or letting of rooms in
the course of his business and he shall include such value in
his return. Such determination shall be subject to review
and revision by the Department in the manner hereinafter
provided for the correction of returns.
Where the operator is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
The person filing the return herein provided for shall,
at the time of filing such return, pay to the Department the
amount of tax herein imposed. The operator filing the return
under this Section shall, at the time of filing such return,
pay to the Department the amount of tax imposed by this Act
less a discount of 2.1% or $25 per calendar year, whichever
is greater, which is allowed to reimburse the operator for
the expenses incurred in keeping records, preparing and
filing returns, remitting the tax and supplying data to the
Department on request.
There shall be deposited in the Build Illinois Fund in
the State Treasury for each State fiscal year 40% of the
amount of total net proceeds from the tax imposed by
subsection (a) of Section 3. Of the remaining 60%,
$5,000,000 shall be deposited in the Illinois Sports
Facilities Fund and credited to the Subsidy Account each
fiscal year by making monthly deposits in the amount of 1/8
of $5,000,000 plus cumulative deficiencies in such deposits
for prior months, and an additional $8,000,000 shall be
deposited in the Illinois Sports Facilities Fund and credited
to the Advance Account each fiscal year by making monthly
deposits in the amount of 1/8 of $8,000,000 plus any
cumulative deficiencies in such deposits for prior months;
provided, that for fiscal years ending after June 30, 2001,
the amount to be so deposited into the Illinois Sports
Facilities Fund and credited to the Advance Account each
fiscal year shall be increased from $8,000,000 to the then
applicable Advance Amount and the required monthly deposits
beginning with July 2001 shall be in the amount of 1/8 of the
then applicable Advance Amount plus any cumulative
deficiencies in those deposits for prior months. (The
deposits of the additional $8,000,000 or the then applicable
Advance Amount, as applicable, during each fiscal year shall
be treated as advances of funds to the Illinois Sports
Facilities Authority for its corporate purposes to the extent
paid to the Authority or its trustee and shall be repaid into
the General Revenue Fund in the State Treasury by the State
Treasurer on behalf of the Authority pursuant to Section 19
of the Illinois Sports Facilities Authority Act, as amended.
If in any fiscal year the full amount of the then applicable
Advance Amount is not repaid into the General Revenue Fund,
then the deficiency shall be paid from the amount in the
Local Government Distributive Fund that would otherwise be
allocated to the City of Chicago under the State Revenue
Sharing Act.)
For purposes of the foregoing paragraph, the term
"Advance Amount" means, for fiscal year 2002, $22,179,000,
and for subsequent fiscal years through fiscal year 2032,
105.615% of the Advance Amount for the immediately preceding
fiscal year, rounded up to the nearest $1,000.
Of the remaining 60% of the amount of total net proceeds
from the tax imposed by subsection (a) of Section 3 after all
required deposits in the Illinois Sports Facilities Fund, the
amount equal to 8% of the net revenue realized from the Hotel
Operators' Occupation Tax Act plus an amount equal to 8% of
the net revenue realized from any tax imposed under Section
4.05 of the Chicago World's Fair-1992 Authority Act during
the preceding month shall be deposited in the Local Tourism
Fund each month for purposes authorized by Section 605-705 of
the Department of Commerce and Community Affairs Law (20 ILCS
605/605-705) in the Local Tourism Fund, and beginning August
1, 1999 the amount equal to 6% of the net revenue realized
from the Hotel Operators' Occupation Tax Act during the
preceding month shall be deposited into the International
Tourism Fund for the purposes authorized in Section 46.6d of
the Civil Administrative Code of Illinois. "Net revenue
realized for a month" means the revenue collected by the
State under that Act during the previous month less the
amount paid out during that same month as refunds to
taxpayers for overpayment of liability under that Act.
After making all these deposits, all other proceeds of
the tax imposed under subsection (a) of Section 3 shall be
deposited in the General Revenue Fund in the State Treasury.
All moneys received by the Department from the additional tax
imposed under subsection (b) of Section 3 shall be deposited
into the Build Illinois Fund in the State Treasury.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a
statement of gross receipts as shown by the operator's last
State income tax return. If the total receipts of the
business as reported in the State income tax return do not
agree with the gross receipts reported to the Department for
the same period, the operator shall attach to his annual
information return a schedule showing a reconciliation of the
2 amounts and the reasons for the difference. The operator's
annual information return to the Department shall also
disclose pay roll information of the operator's business
during the year covered by such return and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual tax returns by such operator as hereinbefore
provided for in this Section.
If the annual information return required by this Section
is not filed when and as required the taxpayer shall be
liable for a penalty in an amount determined in accordance
with Section 3-4 of the Uniform Penalty and Interest Act
until such return is filed as required, the penalty to be
assessed and collected in the same manner as any other
penalty provided for in this Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person
who willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and
punished accordingly. The annual return form prescribed by
the Department shall include a warning that the person
signing the return may be liable for perjury.
The foregoing portion of this Section concerning the
filing of an annual information return shall not apply to an
operator who is not required to file an income tax return
with the United States Government.
(Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
91-604, eff. 8-16-99; 91-935, eff. 6-1-01.)
Section 38. The Property Tax Code is amended by changing
Sections 15-35, 15-105, and 27-10 and setting forth and
renumbering multiple versions of the Article 10, Division 11
heading and Sections 10-235 and 10-240 as follows:
(35 ILCS 200/Art. 10, Div. 11 heading)
DIVISION 11. LOW-INCOME HOUSING
(35 ILCS 200/10-235)
Sec. 10-235. Section 515 low-income housing project
valuation policy; intent. It is the policy of this State that
low-income housing projects under Section 515 of the federal
Housing Act shall be valued at 33 and one-third percent of
the fair market value of their economic productivity to the
owners of the projects to help insure that their valuation
for property taxation does not result in taxes so high that
rent levels must be raised to cover this project expense,
which can cause excess vacancies, project loan defaults, and
eventual loss of rental housing facilities for those most in
need of them, low-income families and the elderly. It is the
intent of this State that the valuation required by this
Division is the closest representation of cash value required
by law and is the method established as proper and fair.
(Source: P.A. 91-651, eff. 1-1-00.)
(35 ILCS 200/10-240)
Sec. 10-240. Definition of Section 515 low-income housing
projects. "Section 515 low-income housing projects" mean
rental apartment facilities (i) developed and managed under a
United States Department of Agriculture Rural Rental Housing
Program designed to provide affordable housing to low to
moderate income families and seniors in rural communities
with populations under 20,000, (ii) that receive a subsidy in
the form of a 1% loan interest rate and a 50-year
amortization of the mortgage, (iii) that would not have been
built without a Section 515 interest credit subsidy, and (iv)
where the owners of the projects are limited to an annual
profit of an 8% return on a 5% equity investment, which may
result in a modest cash flow to owners of the projects unless
actual expenses, including property taxes, exceed budget
projections, in which case no profit may be realized.
(Source: P.A. 91-651, eff. 1-1-00.)
(35 ILCS 200/10-260)
Sec. 10-260. 10-235. Low-income housing. In determining
the fair cash value of property receiving benefits from the
Low-Income Housing Tax Credit authorized by Section 42 of the
Internal Revenue Code, 26 U.S.C. 42, emphasis shall be given
to the income approach, except in those circumstances where
another method is clearly more appropriate.
(Source: P.A. 91-502, eff. 8-13-99; revised 1-10-00.)
(35 ILCS 200/Art. 10, Div. 12 heading)
DIVISION 12. 11. VETERANS ORGANIZATION PROPERTY
(35 ILCS 200/10-300)
Sec. 10-300. 10-240. Veterans organization assessment
freeze.
(a) For the taxable year 2000 and thereafter, the
assessed value of real property owned and used by a veterans
organization chartered under federal law, on which is located
the principal building for the post, camp, or chapter, must
be frozen by the chief county assessment officer at (i) 15%
of the 1999 assessed value of the property for property that
qualifies for the assessment freeze in taxable year 2000 or
(ii) 15% of the assessed value of the property for the
taxable year that the property first qualifies for the
assessment freeze after taxable year 2000. If, in any year,
improvements or additions are made to the property that would
increase the assessed value of the property were it not for
this Section, then 15% of the assessed value of such
improvements shall be added to the assessment of the property
for that year and all subsequent years the property is
eligible for the freeze.
(b) The veterans organization must annually submit an
application to the chief county assessment officer on or
before (i) January 31 of the assessment year in counties with
a population of 3,000,000 or more and (ii) December 31 of the
assessment year in all other counties. The initial
application must contain the information required by the
Department of Revenue, including (i) a copy of the
organization's congressional charter, (ii) the location or
description of the property on which is located the principal
building for the post, camp, or chapter, (iii) a written
instrument evidencing that the organization is the record
owner or has a legal or equitable interest in the property,
(iv) an affidavit that the organization is liable for paying
the real property taxes on the property, and (v) the
signature of the organization's chief presiding officer.
Subsequent applications shall include any changes in the
initial application and shall be signed by the organization's
chief presiding officer. All applications shall be
notarized.
(c) This Section shall not apply to parcels exempt under
Section 15-145.
(Source: P.A. 91-635, eff. 8-20-99; revised 1-10-00.)
(35 ILCS 200/15-35)
Sec. 15-35. Schools. All property donated by the United
States for school purposes, and all property of schools, not
sold or leased or otherwise used with a view to profit, is
exempt, whether owned by a resident or non-resident of this
State or by a corporation incorporated in any state of the
United States. Also exempt is:
(a) property of schools which is leased to a
municipality to be used for municipal purposes on a
not-for-profit basis;
(b) property of schools on which the schools are
located and any other property of schools used by the
schools exclusively for school purposes, including, but
not limited to, student residence halls, dormitories and
other housing facilities for students and their spouses
and children, staff housing facilities, and school-owned
and operated dormitory or residence halls occupied in
whole or in part by students who belong to fraternities,
sororities, or other campus organizations;
(c) property donated, granted, received or used for
public school, college, theological seminary, university,
or other educational purposes, whether held in trust or
absolutely;
(d) in counties with more than 200,000 inhabitants
which classify property, property (including interests in
land and other facilities) on or adjacent to (even if
separated by a public street, alley, sidewalk, parkway or
other public way) the grounds of a school, if that
property is used by an academic, research or professional
society, institute, association or organization which
serves the advancement of learning in a field or fields
of study taught by the school and which property is not
used with a view to profit; and
(e) property owned by a school district. The
exemption under this subsection is not affected by any
transaction in which, for the purpose of obtaining
financing, the school district, directly or indirectly,
leases or otherwise transfers the property to another for
which or whom property is not exempt and immediately
after the lease or transfer enters into a leaseback or
other agreement that directly or indirectly gives the
school district a right to use, control, and possess the
property. In the case of a conveyance of the property,
the school district must retain an option to purchase the
property at a future date or, within the limitations
period for reverters, the property must revert back to
the school district.
(1) If the property has been conveyed as
described in this subsection, the property is no
longer exempt under this Section as of the date
when:
(A) the right of the school district to
use, control, and possess the property is
terminated;
(B) the school district no longer has an
option to purchase or otherwise acquire the
property; and
(C) there is no provision for a reverter
of the property to the school district within
the limitations period for reverters.
(2) Pursuant to Sections 15-15 and 15-20 of
this Code, the school district shall notify the
chief county assessment officer of any transaction
under this subsection. The chief county assessment
officer shall determine initial and continuing
compliance with the requirements of this subsection
for tax exemption. Failure to notify the chief
county assessment officer of a transaction under
this subsection or to otherwise comply with the
requirements of Sections 15-15 and 15-20 of this
Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate
the exemption, notwithstanding any other provision
of this Code.
(3) No provision of this subsection shall be
construed to affect the obligation of the school
district to which an exemption certificate has been
issued under this Section from its obligation under
Section 15-10 of this Code to file an annual
certificate of status or to notify the chief county
assessment officer of transfers of interest or other
changes in the status of the property as required by
this Code.
(4) The changes made by this amendatory Act of
the 91st General Assembly are declarative of
existing law and shall not be construed as a new
enactment; and.
(f) (e) in counties with more than 200,000
inhabitants which classify property, property of a
corporation, which is an exempt entity under paragraph
(3) of Section 501(c) of the Internal Revenue Code or its
successor law, used by the corporation for the following
purposes: (1) conducting continuing education for
professional development of personnel in energy-related
industries; (2) maintaining a library of energy
technology information available to students and the
public free of charge; and (3) conducting research in
energy and environment, which research results could be
ultimately accessible to persons involved in education.
(Source: P.A. 90-655, eff. 7-30-98; 91-513, eff. 8-13-99;
91-578, eff. 8-14-99; revised 10-20-99.)
(35 ILCS 200/15-105)
Sec. 15-105. Park and conservation districts.
(a) All property within a park or conservation district
with 2,000,000 or more inhabitants and owned by that district
is exempt, as is all property located outside the district
but owned by it and used as a nursery, garden, or farm for
the growing of shrubs, trees, flowers and plants for use in
beautifying, maintaining and operating playgrounds, parks,
parkways, public grounds, and buildings owned or controlled
by the district.
(b) All property belonging to any park or conservation
district with less than 2,000,000 inhabitants is exempt. All
property leased to such park district for $1 or less per year
and used exclusively as open space for recreational purposes
not exceeding 50 acres in the aggregate for each district is
exempt.
(c) Also exempt is All property belonging to a park
district organized pursuant to the Metro-East Park and
Recreation District Act is exempt.
(Source: P.A. 91-103, eff. 7-13-99; 91-490, eff. 8-13-99;
revised 10-7-99.)
(35 ILCS 200/27-10)
Sec. 27-10. Providing special services. In any case in
which a municipality or county exercises the power granted in
item Part (6) of Section 7 of Article VII of the Illinois
Constitution, or in item (2) of subsection (l) Part (2),
paragraph L of Section 6 of Article VII, of the Illinois
Constitution to provide special services, a tax to provide
those special services service or provide for the payment of
debt incurred for that purpose shall be levied or imposed in
accordance with this Article.
(Source: P.A. 78-901; 88-455; revised 2-9-00.)
Section 39. The Motor Fuel Tax Law is amended by
changing Sections 1.2, 1.14, and 8 as follows:
(35 ILCS 505/1.2) (from Ch. 120, par. 417.2)
Sec. 1.2. Distributor. "Distributor" means a person who
either (i) produces, refines, blends, compounds or
manufactures motor fuel in this State, or (ii) transports
motor fuel into this State, or (iii) engages in the
distribution of motor fuel primarily by tank car or tank
truck, or both, and who operates an Illinois bulk plant where
he or she has active bulk storage capacity of not less than
30,000 gallons for gasoline as defined in item (A) of Section
5 of this Law.
"Distributor" does not, however, include a person who
receives or transports into this State and sells or uses
motor fuel under such circumstances as preclude the
collection of the tax herein imposed, by reason of the
provisions of the constitution and statutes of the United
States. However, a person operating a motor vehicle into the
State, may transport motor fuel in the ordinary fuel tank
attached to the motor vehicle for the operation of the motor
vehicle, without being considered a distributor. Any
railroad licensed as a bulk user and registered under Section
18c-7201 of the Illinois Vehicle Code may deliver special
fuel directly into the fuel supply tank of a locomotive
owned, operated, or controlled by any other railroad
registered under Section 18c-7201 of the Illinois Vehicle
Code without being considered a distributor.
(Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99;
revised 10-12-99.)
(35 ILCS 505/1.14) (from Ch. 120, par. 417.14)
Sec. 1.14. Supplier. "Supplier" means any person other
than a licensed distributor who (i) transports special fuel
into this State or (ii) engages in the distribution of
special fuel primarily by tank car or tank truck, or both,
and who operates an Illinois bulk plant where he has active
bulk storage capacity of not less than 30,000 gallons for
special fuel as defined in Section 1.13 of this Law.
"Supplier" does not, however, include a person who
receives or transports into this State and sells or uses
special fuel under such circumstances as preclude the
collection of the tax herein imposed, by reason of the
provisions of the Constitution and laws of the United States.
However, a person operating a motor vehicle into the State,
may transport special fuel in the ordinary fuel tank attached
to the motor vehicle for the operation of the motor vehicle
without being considered a supplier. Any railroad licensed as
a bulk user and registered under Section 18c-7201 of the
Illinois Vehicle Code may deliver special fuel directly into
the fuel supply tank of a locomotive owned, operated, or
controlled by any other railroad registered under Section
18c-7201 of the Illinois Vehicle Code without being
considered a supplier.
(Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99;
revised 10-12-99.)
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Sections 8a and 13a.6 and
items 13, 14, 15, and 16 of Section 15, all money received by
the Department under this Act, including payments made to the
Department by member jurisdictions participating in the
International Fuel Tax Agreement, shall be deposited in a
special fund in the State treasury, to be known as the "Motor
Fuel Tax Fund", and shall be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on
special fuel under paragraph (b) of Section 2 and Section 13a
of this Act shall be transferred to the State Construction
Account Fund in the State Treasury;
(b) $420,000 shall be transferred each month to the
State Boating Act Fund to be used by the Department of
Natural Resources for the purposes specified in Article X of
the Boat Registration and Safety Act;
(c) $2,250,000 shall be transferred each month to the
Grade Crossing Protection Fund to be used as follows: not
less than $6,000,000 each fiscal year shall be used for the
construction or reconstruction of rail highway grade
separation structures; beginning with fiscal year 1997 and
ending in fiscal year 2000, $1,500,000, beginning with fiscal
year 2001 and ending in fiscal year 2003, $2,250,000, and
$750,000 in fiscal year 2004 and each fiscal year thereafter
shall be transferred to the Transportation Regulatory Fund
and shall be accounted for as part of the rail carrier
portion of such funds and shall be used to pay the cost of
administration of the Illinois Commerce Commission's railroad
safety program in connection with its duties under subsection
(3) of Section 18c-7401 of the Illinois Vehicle Code, with
the remainder to be used by the Department of Transportation
upon order of the Illinois Commerce Commission, to pay that
part of the cost apportioned by such Commission to the State
to cover the interest of the public in the use of highways,
roads, streets, or pedestrian walkways in the county highway
system, township and district road system, or municipal
street system as defined in the Illinois Highway Code, as the
same may from time to time be amended, for separation of
grades, for installation, construction or reconstruction of
crossing protection or reconstruction, alteration, relocation
including construction or improvement of any existing highway
necessary for access to property or improvement of any grade
crossing including the necessary highway approaches thereto
of any railroad across the highway or public road, or for the
installation, construction, reconstruction, or maintenance of
a pedestrian walkway over or under a railroad right-of-way,
as provided for in and in accordance with Section 18c-7401 of
the Illinois Vehicle Code. The Commission shall not order
more than $2,000,000 per year in Grade Crossing Protection
Fund moneys for pedestrian walkways. In entering orders for
projects for which payments from the Grade Crossing
Protection Fund will be made, the Commission shall account
for expenditures authorized by the orders on a cash rather
than an accrual basis. For purposes of this requirement an
"accrual basis" assumes that the total cost of the project is
expended in the fiscal year in which the order is entered,
while a "cash basis" allocates the cost of the project among
fiscal years as expenditures are actually made. To meet the
requirements of this subsection, the Illinois Commerce
Commission shall develop annual and 5-year project plans of
rail crossing capital improvements that will be paid for with
moneys from the Grade Crossing Protection Fund. The annual
project plan shall identify projects for the succeeding
fiscal year and the 5-year project plan shall identify
projects for the 5 directly succeeding fiscal years. The
Commission shall submit the annual and 5-year project plans
for this Fund to the Governor, the President of the Senate,
the Senate Minority Leader, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives on the first Wednesday in April of each year;
(d) of the amount remaining after allocations provided
for in subsections (a), (b) and (c), a sufficient amount
shall be reserved to pay all of the following:
(1) the costs of the Department of Revenue in
administering this Act;
(2) the costs of the Department of Transportation
in performing its duties imposed by the Illinois Highway
Code for supervising the use of motor fuel tax funds
apportioned to municipalities, counties and road
districts;
(3) refunds provided for in Section 13 of this Act
and under the terms of the International Fuel Tax
Agreement referenced in Section 14a;
(4) from October 1, 1985 until June 30, 1994, the
administration of the Vehicle Emissions Inspection Law,
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State
Comptroller and Treasurer from the Motor Fuel Tax Fund to
the Vehicle Inspection Fund, and for the period July 1,
1994 through June 30, 2000 2006, one-twelfth of
$25,000,000 each month, and for the period July 1, 2000
through June 30, 2006, one-twelfth of $30,000,000 each
month, for the administration of the Vehicle Emissions
Inspection Law of 1995, to be transferred by the State
Comptroller and Treasurer from the Motor Fuel Tax Fund
into the Vehicle Inspection Fund;
(5) amounts ordered paid by the Court of Claims;
and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel
Tax Agreement. The Department shall certify these
amounts to the Comptroller by the 15th day of each month;
the Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
(1) Until January 1, 2000, 58.4%, and beginning
January 1, 2000, 45.6% shall be deposited as follows:
(A) 37% into the State Construction Account
Fund, and
(B) 63% into the Road Fund, $1,250,000 of
which shall be reserved each month for the
Department of Transportation to be used in
accordance with the provisions of Sections 6-901
through 6-906 of the Illinois Highway Code;
(2) Until January 1, 2000, 41.6%, and beginning
January 1, 2000, 54.4% shall be transferred to the
Department of Transportation to be distributed as
follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having
less than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the
population of the municipality as determined by the last
preceding census for the purpose of determining the allotment
for that municipality. If the population of any municipality
was not determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall
be in accordance with any census taken by such municipality.
Any municipal census used in accordance with this Section
shall be certified to the Department of Transportation by the
clerk of such municipality, and the accuracy thereof shall be
subject to approval of the Department which may make such
corrections as it ascertains to be necessary.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of
the State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees
received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State
shall, on or before April 15 of each year, transmit to the
Department of Transportation a full and complete report
showing the amount of motor vehicle license fees received
from the residents of each county, respectively, during the
preceding calendar year. The Department of Transportation
shall, each month, use for allotment purposes the last such
report received from the Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or
district roads in the respective road districts bears to the
total mileage of all such township or district roads in the
county. After July 1 of any year, no allocation shall be
made for any road district unless it levied a tax for road
and bridge purposes in an amount which will require the
extension of such tax against the taxable property in any
such road district at a rate of not less than either .08% of
the value thereof, based upon the assessment for the year
immediately prior to the year in which such tax was levied
and as equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000 per mile
of road under the jurisdiction of the road district,
whichever is less. If any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied
in an amount which would require extension at a rate of not
less than .08% of the value of the taxable property thereof,
as equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a
proper compliance with this Section and shall qualify such
road district for an allotment under this Section. If a
township has transferred to the road and bridge fund money
which, when added to the amount of any tax levy of the road
district would be the equivalent of a tax levy requiring
extension at a rate of at least .08%, or, in DuPage County,
an amount equal to or greater than $12,000 per mile of road
under the jurisdiction of the road district, whichever is
less, such transfer, together with any such tax levy, shall
be deemed a proper compliance with this Section and shall
qualify the road district for an allotment under this
Section.
In counties in which a property tax extension limitation
is imposed under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a motor fuel
tax allotment if, at the time the property tax extension
limitation was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a motor
fuel tax allotment and continues to levy the maximum
allowable amount after the imposition of the property tax
extension limitation. Any road district may in all
circumstances retain its entitlement to a motor fuel tax
allotment if it levied a road and bridge tax in an amount
that will require the extension of the tax against the
taxable property in the road district at a rate of not less
than 0.08% of the assessed value of the property, based upon
the assessment for the year immediately preceding the year in
which the tax was levied and as equalized by the Department
of Revenue or, in DuPage County, an amount equal to or
greater than $12,000 per mile of road under the jurisdiction
of the road district, whichever is less.
As used in this Section the term "road district" means
any road district, including a county unit road district,
provided for by the Illinois Highway Code; and the term
"township or district road" means any road in the township
and district road system as defined in the Illinois Highway
Code. For the purposes of this Section, "road district" also
includes park districts, forest preserve districts and
conservation districts organized under Illinois law and
"township or district road" also includes such roads as are
maintained by park districts, forest preserve districts and
conservation districts. The Department of Transportation
shall determine the mileage of all township and district
roads for the purposes of making allotments and allocations
of motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the
allotment is made. The treasurer of the municipality or
county may invest these funds until their use is required and
the interest earned by these investments shall be limited to
the same uses as the principal funds.
(Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
7-29-99; 91-704, eff. 7-1-00; 91-725, eff. 6-2-00; 91-794,
eff. 6-9-00; revised 6-28-00.)
Section 39.5. The Telecommunications Municipal
Infrastructure Maintenance Fee Act is amended by changing
Section 22 as follows:
(35 ILCS 635/22)
Sec. 22. Certificates. It shall be unlawful for any
person to engage in business as a telecommunications
telecomunications retailer in this State within the meaning
of this Act without first having obtained a certificate of
registration to do so from the Department. Application for
the certificate shall be made to the Department in a form
prescribed and furnished by the Department. Each applicant
for a certificate shall furnish to the Department on a form
prescribed by the Department and signed by the applicant
under penalties of perjury, the following information:
(1) The name of the applicant.
(2) The address of the location at which the
applicant proposes to engage in business as a
telecommunications retailer in this State.
(3) Other information the Department may reasonably
require.
The Department, upon receipt of an application in proper
form, shall issue to the applicant a certificate, in a form
prescribed by the Department, which shall permit the
applicant to whom it is issued to engage in business as a
telecommunications retailer at the place shown on his or her
application. No certificate issued under this Act is
transferable or assignable. No certificate shall be issued
to any person who is in default to the State of Illinois for
moneys due under this Act or any other tax Act administered
by the Department. Any person aggrieved by any decision of
the Department under this Section may, within 20 days after
notice of such decision, protest and request a hearing,
whereupon the Department shall give notice to such person of
the time and place fixed for such hearing and shall hold a
hearing in conformity with the provisions of this Act and
then issue its final administrative decision in the matter to
such person. In the absence of such a protest within 20
days, the Department's decision shall become final without
any further determination being made or notice given.
The Department may, in its discretion, upon application,
authorize the payment of the fees imposed under this Act by
any telecommunications retailer not otherwise subject to the
fees imposed under this Act who, to the satisfaction of the
Department, furnishes adequate security to ensure payment of
the fees. The telecommunications retailer shall be issued,
without charge, a certificate to remit the fees. When so
authorized, it shall be the duty of the telecommunications
retailer to remit the fees imposed upon the gross charges
charged by the telecommunications retailer to service
addresses in this State for telecommunications in the same
manner and subject to the same requirements as a
telecommunications retailer operating within this State.
(Source: P.A. 90-562, eff. 12-16-97; revised 9-22-00.)
Section 40. The Illinois Pension Code is amended by
changing Sections 1-109.1, 7-109.3, 15-136, 15-139, 15-154,
and 16-138 as follows:
(40 ILCS 5/1-109.1) (from Ch. 108 1/2, par. 1-109.1)
Sec. 1-109.1. Allocation and Delegation of Fiduciary
Duties.
(1) Subject to the provisions of Section 22A-113 of this
Code and subsections (2) and (3) of this Section, the board
of trustees of a retirement system or pension fund
established under this Code may:
(a) Appoint one or more investment managers as
fiduciaries to manage (including the power to acquire and
dispose of) any assets of the retirement system or
pension fund; and
(b) Allocate duties among themselves and designate
others as fiduciaries to carry out specific fiduciary
activities other than the management of the assets of the
retirement system or pension fund.
(2) The board of trustees of a pension fund established
under Article 5, 6, 8, 9, 10, 11, 12 or 17 of this Code may
not transfer its investment authority, nor transfer the
assets of the fund to any other person or entity for the
purpose of consolidating or merging its assets and management
with any other pension fund or public investment authority,
unless the board resolution authorizing such transfer is
submitted for approval to the contributors and pensioners of
the fund at elections held not less than 30 days after the
adoption of such resolution by the board, and such resolution
is approved by a majority of the votes cast on the question
in both the contributors election and the pensioners
election. The election procedures and qualifications
governing the election of trustees shall govern the
submission of resolutions for approval under this paragraph,
insofar as they may be made applicable.
(3) Pursuant to subsections (h) and (i) of Section 6 of
Article VII of the Illinois Constitution, the investment
authority of boards of trustees of retirement systems and
pension funds established under this Code is declared to be a
subject of exclusive State jurisdiction, and the concurrent
exercise by a home rule unit of any power affecting such
investment authority is hereby specifically denied and
preempted.
(4) For the purposes of this Code, "emerging investment
manager" means a qualified investment adviser that manages an
investment portfolio of at least $10,000,000 but less than
$400,000,000 on January 1, 1993 and is a "minority owned
business" or "female owned business" as those terms are
defined in the Minority and Female Business Enterprise for
Minorities, Females, and Persons with Disabilities Act.
It is hereby declared to be the public policy of the
State of Illinois to encourage the trustees of public
employee retirement systems to use emerging investment
managers in managing their system's assets to the greatest
extent feasible within the bounds of financial and fiduciary
prudence, and to take affirmative steps to remove any
barriers to the full participation of emerging investment
managers in investment opportunities afforded by those
retirement systems.
Each retirement system subject to this Code shall prepare
a report to be submitted to the Governor and the General
Assembly by September 1 of each year. The report shall
identify the emerging investment managers used by the system,
the percentage of the system's assets under the investment
control of emerging investment managers, and the actions it
has undertaken to increase the use of emerging investment
managers, including encouraging other investment managers to
use emerging investment managers as subcontractors when the
opportunity arises.
The use of an emerging investment manager does not
constitute a transfer of investment authority for the
purposes of subsection (2) of this Section.
(Source: P.A. 86-1488; 87-1265; revised 8-23-99)
(40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
(a) "Sheriff's law enforcement employee" or "SLEP"
means:
(1) A county sheriff and all deputies, other than
special deputies, employed on a full time basis in the
office of the sheriff.
(2) A person who has elected to participate in this
Fund under Section 3-109.1 of this Code, and who is
employed by a participating municipality to perform
police duties.
(3) A law enforcement officer employed on a full
time basis by a Forest Preserve District, provided that
such officer shall be deemed a "sheriff's law enforcement
employee" for the purposes of this Article, and service
in that capacity shall be deemed to be service as a
sheriff's law enforcement employee, only if the board of
commissioners of the District have so elected by adoption
of an affirmative resolution. Such election, once made,
may not be rescinded.
(4) A person not eligible to participate in a fund
established under Article 3 of this Code who is employed
on a full-time basis by a participating municipality or
participating instrumentality to perform police duties at
an airport, but only if the governing authority of the
employer has approved sheriff's law enforcement employee
status for its airport police employees by adoption of an
affirmative resolution. Such approval, once given, may
not be rescinded.
(b) An employee who is a sheriff's law enforcement
employee and is granted military leave or authorized leave of
absence shall receive service credit in that capacity.
Sheriff's law enforcement employees shall not be entitled to
out-of-State out of State service credit under Section 7-139.
(Source: P.A. 90-448, eff. 8-16-97; revised 9-27-00.)
(40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
Sec. 15-136. Retirement annuities - Amount. The
provisions of this Section 15-136 apply only to those
participants who are participating in the traditional benefit
package or the portable benefit package and do not apply to
participants who are participating in the self-managed plan.
(a) The amount of a participant's retirement annuity,
expressed in the form of a single-life 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; or for persons who
retire on or after January 1, 1998, 2.2% of the final rate of
earnings for each year of service.
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
actuarially equivalent basis, by the accumulated normal
contributions as of the date the annuity begins; and
(ii) an annuity from employer contributions of an
amount equal to that 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.
With respect to a police officer or firefighter who
retires on or after August 14, 1998, the accumulated normal
contributions taken into account under clauses (i) and (ii)
of this Rule 2 shall include the additional normal
contributions made by the police officer or firefighter under
Section 15-157(a).
The amount of a retirement annuity calculated under this
Rule 2 shall be computed solely on the basis of the
participant's accumulated normal contributions, as specified
in this Rule and defined in Section 15-116. Neither an
employee or employer contribution for early retirement under
Section 15-136.2 nor any other employer contribution shall be
used in the calculation of the amount of a retirement annuity
under this Rule 2.
This amendatory Act of the 91st General Assembly is a
clarification of existing law and applies to every
participant and annuitant without regard to whether status as
an employee terminates before the effective date of this
amendatory Act.
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, except that the annuity for
those persons having made an election under Section
15-154(a-1) shall be calculated and payable under the
portable retirement benefit program pursuant to the
provisions of Section 15-136.4.
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.
For purposes of this Rule 4, a participant's service as a
firefighter shall also include the following:
(i) service that is performed while the person is
an employee under subsection (h) of Section 15-107; and
(ii) in the case of an individual who was a
participating employee employed in the fire department of
the University of Illinois's Champaign-Urbana campus
immediately prior to the elimination of that fire
department and who immediately after the elimination of
that fire department transferred to another job with the
University of Illinois, service performed as an employee
of the University of Illinois in a position other than
police officer or firefighter, from the date of that
transfer until the employee's next termination of service
with the University of Illinois.
Rule 5: The retirement annuity of a participant who
elected early retirement under the provisions of Section
15-136.2 and who, on or before February 16, 1995, brought
administrative proceedings pursuant to the administrative
rules adopted by the System to challenge the calculation of
his or her 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
actuarially equivalent basis, by the accumulated normal
contributions as of the date the annuity begins; and
(ii) an annuity from employer contributions of an
amount equal to that 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;
and
(iii) an annuity which can be provided on an
actuarially equivalent basis from the employee
contribution for early retirement under Section 15-136.2,
and an annuity from employer contributions of an amount
equal to that which can be provided on an actuarially
equivalent basis from the employee contribution for early
retirement under Section 15-136.2.
In no event shall a retirement annuity under this Rule 5
be lower than the amount obtained by adding (1) the monthly
amount obtained by dividing the combined employee and
employer contributions made under Section 15-136.2 by the
System's annuity factor for the age of the participant at the
beginning of the annuity payment period and (2) the amount
equal to the participant's annuity if calculated under Rule
1, reduced under Section 15-136(b) as if no contributions had
been made under Section 15-136.2.
With respect to a participant who is qualified for a
retirement annuity under this Rule 5 whose retirement annuity
began before the effective date of this amendatory Act of the
91st General Assembly, and for whom an employee contribution
was made under Section 15-136.2, the System shall recalculate
the retirement annuity under this Rule 5 and shall pay any
additional amounts due in the manner provided in Section
15-186.1 for benefits mistakenly set too low.
The amount of a retirement annuity calculated under this
Rule 5 shall be computed solely on the basis of those
contributions specifically set forth in this Rule 5. Except
as provided in clause (iii) of this Rule 5, neither an
employee nor employer contribution for early retirement under
Section 15-136.2, nor any other employer contribution, shall
be used in the calculation of the amount of a retirement
annuity under this Rule 5.
The General Assembly has adopted the changes set forth in
Section 25 of this amendatory Act of the 91st General
Assembly in recognition that the decision of the Appellate
Court for the Fourth District in Mattis v. State Universities
Retirement System et al. might be deemed to give some right
to the plaintiff in that case. The changes made by Section
25 of this amendatory Act of the 91st General Assembly are a
legislative implementation of the decision of the Appellate
Court for the Fourth District in Mattis v. State Universities
Retirement System et al. with respect to that plaintiff.
The changes made by Section 25 of this amendatory Act of
the 91st General Assembly apply without regard to whether the
person is in service as an employee on or after its effective
date.
(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) of Section 15-152;
(2) For a participant who has at least the number
of years of service required to retire at any age under
subsection (a) of Section 15-135; 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, 4, and 5 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) 80% of final rate
of earnings.
(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, Rule 4, or Rule 5, 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, Rule 4, or Rule 5
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 actuarially 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. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; 90-576, eff. 3-31-98; 90-655, eff. 7-30-98;
90-766, eff. 8-14-98; 91-887 (Sections 20 and 25), eff.
7-6-00; revised 8-31-00.)
(40 ILCS 5/15-139) (from Ch. 108 1/2, par. 15-139)
Sec. 15-139. Retirement annuities; cancellation;
suspended during employment.
(a) If an annuitant returns to employment for an
employer within 60 days after the beginning of the retirement
annuity payment period, the retirement annuity shall be
cancelled, and the annuitant shall refund to the System the
total amount of the retirement annuity payments which he or
she received. If the retirement annuity is cancelled, the
participant shall continue to participate in the System.
(b) If an annuitant retires prior to age 60 and receives
or becomes entitled to receive during any month compensation
in excess of the monthly retirement annuity (including any
automatic annual increases) for services performed after the
date of retirement for any employer under this System, that
portion of the monthly retirement annuity provided by
employer contributions shall not be payable.
If an annuitant retires at age 60 or over and receives or
becomes entitled to receive during any academic year
compensation in excess of the difference between his or her
highest annual earnings prior to retirement and his or her
annual retirement annuity computed under Rule 1, Rule 2, Rule
3, Rule 4, or Rule 5 of Section 15-136, or under Section
15-136.4, for services performed after the date of retirement
for any employer under this System, that portion of the
monthly retirement annuity provided by employer contributions
shall be reduced by an amount equal to the compensation that
exceeds such difference.
However, any remuneration received for serving as a
member of the Illinois Educational Labor Relations Board
shall be excluded from "compensation" for the purposes of
this subsection (b), and serving as a member of the Illinois
Educational Labor Relations Board shall not be deemed to be a
return to employment for the purposes of this Section. This
provision applies without regard to whether service was
terminated prior to the effective date of this amendatory Act
of 1991.
(c) If an employer certifies that an annuitant has been
reemployed on a permanent and continuous basis or in a
position in which the annuitant is expected to serve for at
least 9 months, the annuitant shall resume his or her status
as a participating employee and shall be entitled to all
rights applicable to participating employees upon filing with
the board an election to forego all annuity payments during
the period of reemployment. Upon subsequent retirement, the
retirement annuity shall consist of the annuity which was
terminated by the reemployment, plus the additional
retirement annuity based upon service granted during the
period of reemployment, but the combined retirement annuity
shall not exceed the maximum annuity applicable on the date
of the last retirement.
The total service and earnings credited before and after
the initial date of retirement shall be considered in
determining eligibility of the employee or the employee's
beneficiary to benefits under this Article, and in
calculating final rate of earnings.
In determining the death benefit payable to a beneficiary
of an annuitant who again becomes a participating employee
under this Section, accumulated normal and additional
contributions shall be considered as the sum of the
accumulated normal and additional contributions at the date
of initial retirement and the accumulated normal and
additional contributions credited after that date, less the
sum of the annuity payments received by the annuitant.
The survivors insurance benefits provided under Section
15-145 shall not be applicable to an annuitant who resumes
his or her status as a participating employee, unless the
annuitant, at the time of initial retirement, has a survivors
insurance beneficiary who could qualify for such benefits.
If the annuitant's employment is terminated because of
circumstances other than death before 9 months from the date
of reemployment, the provisions of this Section regarding
resumption of status as a participating employee shall not
apply. The normal and survivors insurance contributions which
are deducted during this period shall be refunded to the
annuitant without interest, and subsequent benefits under
this Article shall be the same as those which were applicable
prior to the date the annuitant resumed employment.
The amendments made to this Section by this amendatory
Act of the 91st General Assembly apply without regard to
whether the annuitant was in service on or after the
effective date of this amendatory Act.
(Source: P.A. 91-887 (Sections 10 and 25), eff. 7-6-00;
revised 9-1-00.)
(40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154)
Sec. 15-154. Refunds.
(a) A participant whose status as an employee is
terminated, regardless of cause, or who has been on lay off
status for more than 120 days, and who is not on leave of
absence, is entitled to a refund of contributions upon
application; except that not more than one such refund
application may be made during any academic year.
Except as set forth in subsections (a-1) and (a-2), the
refund shall be the sum of the accumulated normal, additional
and survivors insurance contributions, less the amount of
interest credited on these contributions each year in excess
of 4 1/2% of the amount on which interest was calculated.
(a-1) A person who elects, in accordance with the
requirements of Section 15-134.5, to participate in the
portable benefit package and who becomes a participating
employee under that retirement program upon the conclusion of
the one-year waiting period applicable to the portable
benefit package election shall have his or her refund
calculated in accordance with the provisions of subsection
(a-2).
(a-2) The refund payable to a participant described in
subsection (a-1) shall be the sum of the participant's
accumulated normal and additional contributions, as defined
in Sections 15-116 and 15-117. If the participant terminates
with 5 or more years of service for employment as defined in
Section 15-113.1, he or she shall also be entitled to a
distribution of employer contributions in an amount equal to
the sum of the accumulated normal and additional
contributions, as defined in Sections 15-116 and 15-117.
(b) Upon acceptance of a refund, the participant
forfeits all accrued rights and credits in the System, and if
subsequently reemployed, the participant shall be considered
a new employee subject to all the qualifying conditions for
participation and eligibility for benefits applicable to new
employees. If such person again becomes a participating
employee and continues as such for 2 years, or is employed by
an employer and participates for at least 2 years in the
Federal Civil Service Retirement System, all such rights,
credits, and previous status as a participant shall be
restored upon repayment of the amount of the refund, together
with compound interest thereon from the date the refund was
received to the date of repayment at the rate of 6% per annum
through August 31, 1982, and at the effective rates after
that date.
(c) If a participant covered under the traditional
benefit package has made survivors insurance contributions,
but has no survivors insurance beneficiary upon retirement,
he or she shall be entitled to elect a refund of the
accumulated survivors insurance contributions, or to elect an
additional annuity the value of which is equal to the
accumulated survivors insurance contributions. This election
must be made prior to the date the person's retirement
annuity is approved by the Board of Trustees.
(d) A participant, upon application, is entitled to a
refund of his or her accumulated additional contributions
attributable to the additional contributions described in the
last sentence of subsection (c) of Section 15-157. Upon the
acceptance of such a refund of accumulated additional
contributions, the participant forfeits all rights and
credits which may have accrued because of such contributions.
(e) A participant who terminates his or her employee
status and elects to waive service credit under Section
15-154.2, is entitled to a refund of the accumulated normal,
additional and survivors insurance contributions, if any,
which were credited the participant for this service, or to
an additional annuity the value of which is equal to the
accumulated normal, additional and survivors insurance
contributions, if any; except that not more than one such
refund application may be made during any academic year. Upon
acceptance of this refund, the participant forfeits all
rights and credits accrued because of this service.
(f) If a police officer or firefighter receives a
retirement annuity under Rule 1 or 3 of Section 15-136, he or
she shall be entitled at retirement to a refund of the
difference between his or her accumulated normal
contributions and the normal contributions which would have
accumulated had such person filed a waiver of the retirement
formula provided by Rule 4 of Section 15-136.
(g) If, at the time of retirement, a participant would
be entitled to a retirement annuity under Rule 1, 2, 3, 4, or
5 of Section 15-136, or under Section 15-136.4, that exceeds
the maximum specified in clause (1) of subsection (c) of
Section 15-136, he or she shall be entitled to a refund of
the employee contributions, if any, paid under Section 15-157
after the date upon which continuance of such contributions
would have otherwise caused the retirement annuity to exceed
this maximum, plus compound interest at the effective rates.
(Source: P.A. 90-448, eff. 8-16-97; 90-576, eff. 3-31-98;
90-766, eff. 8-14-98; 91-887 (Sections 10 and 25), eff.
7-6-00; revised 9-1-00.)
(40 ILCS 5/16-138) (from Ch. 108 1/2, par. 16-138)
Sec. 16-138. Refund of contributions upon death of
member or annuitant. Upon the death of a member or
annuitant, the following amount shall be payable (i) to a
beneficiary nominated by written designation of the member or
annuitant filed with the system, or (ii) if no beneficiary is
nominated, to the surviving spouse, or (iii) if no
beneficiary is nominated and there is no surviving spouse, to
the decedent's estate, upon receipt of proper proof of death:
(1) Upon the death of a member, an amount consisting of
the sum of the following: (A) the member's accumulated
contributions; (B) the sum of the contributions made by the
member toward the cost of the automatic increase in annuity
under Section 16-152, without interest thereon; and (C)
contributions made by the member toward prior service,
without interest thereon.
(2) Upon the death of an annuitant, unless a
reversionary annuity is payable under Section 16-136, an
amount determined by subtracting the total amount of monthly
annuity payments received as a result of the deceased
annuitant's retirement from the sum of: (A) the accumulated
contributions at retirement; (B) the sum of the contributions
made by the deceased toward the cost of the automatic
increase in annuity under Section 16-152 16-151, without
interest thereon; and (C) any contributions made by the
deceased for prior service or other purposes, exclusive of
contributions toward the cost of the automatic increase in
annuity, without interest thereon.
(Source: P.A. 91-887, eff. 7-6-00; revised 9-5-00.)
Section 41. The Public Building Commission Act is
amended by changing Section 18 as follows:
(50 ILCS 20/18) (from Ch. 85, par. 1048)
Sec. 18. Whenever, and as often as, a municipal
corporation having taxing power enters into a lease with a
Public Building Commission, the governing body of such
municipal corporation shall provide by ordinance or
resolution, as the case may be, for the levy and collection
of a direct annual tax sufficient to pay the annual rent
payable under such lease as and when it becomes due and
payable. A certified copy of the lease of such municipal
corporation and a certified copy of the tax levying ordinance
or resolution, as the case may be, of such municipal
corporation shall be filed in the office of the county clerk
in each county in which any portion of the territory of such
municipal corporation is situated, which certified copies
shall constitute the authority for the county clerk or
clerks, in each case, to extend the taxes annually necessary
to pay the annual rent payable under such lease as and when
it becomes due and payable. No taxes shall be extended for
any lease entered into after the effective date of this
amendatory Act of 1993, however, until after a public hearing
on the lease. The clerk or secretary of the governing body of
the municipal corporation shall cause notice of the time and
place of the hearing to be published at least once, at least
15 days before the hearing, in a newspaper published or
having general circulation within the municipal corporation.
If no such newspaper exists, the clerk or secretary shall
cause the notice to be posted, at least 15 days before the
hearing, in at least 10 conspicuous places within the
municipal corporation. The notice shall be in the following
form:
NOTICE OF PUBLIC HEARING ON LEASE between (name of the
municipal corporation) and (name of the public building
commission).
A public hearing regarding a lease between (name of the
municipal corporation) and (name of the public building
commission) will be held by (name of the governing body of
the municipal corporation) on (date) at (time) at (location).
The largest yearly rental payment set forth in the lease is
($ amount). The maximum length of the lease is (years).
The purpose of the lease is (explain in 25 words or
less).
Dated (insert date). this day of .
By Order of (name of the governing body
of the Municipal Corporation)
/s/............
Clerk or Secretary.
At the hearing, all persons residing or owning property
in the municipal corporation shall have an opportunity to be
heard orally, in writing, or both.
Upon the filing of the certified copies of the lease and
the tax levying ordinance or resolution in the office of the
county clerk or clerks of the proper county or counties, it
shall be the duty of such county clerk or clerks to ascertain
the rate per cent which, upon the value of all property
subject to taxation within the municipal corporation, as that
property is assessed or equalized by the Department of
Revenue, will produce a net amount of not less than the
amount of the annual rent reserved in such lease. The county
clerk or clerks shall thereupon, and thereafter annually
during the term of the lease, extend taxes against all of the
taxable property contained in that municipal corporation
sufficient to pay the annual rental reserved in such lease.
Such tax shall be levied and collected in like manner with
the other taxes of such municipal corporation and shall be in
addition to all other taxes now or hereafter authorized to be
levied by that municipal corporation. This tax shall not be
included within any statutory limitation of rate or amount
for that municipal corporation but shall be excluded
therefrom and be in addition thereto and in excess thereof.
The fund realized from such tax levy shall be set aside for
the payment of the annual rent and shall not be disbursed for
any other purpose until the annual rental has been paid in
full. This Section shall not be construed to limit the power
of the Commission to enter into leases with any municipal
corporation whether or not the municipal corporation has the
power of taxation.
(Source: P.A. 87-1208; 87-1279; revised 1-10-00.)
Section 42. The Local Records Act is amended by changing
Section 3b as follows:
(50 ILCS 205/3b)
Sec. 3b. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual
person, including the name, age, address, and photograph,
when and if available.
(2) Information detailing any charges relating to
the arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the amount
of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be
made available to the news media for inspection and copying
as soon as practicable, but in no event shall the time period
exceed 72 hours from the arrest. The information described
in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
subsection (a), however, may be withheld if it is determined
that disclosure would:
(1) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other
person; or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(d) Each law enforcement or correctional agency may
charge fees for arrest records, but in no instance may the
fee exceed the actual cost of copying and reproduction. The
fees may not include the cost of the labor used to reproduce
the arrest record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
Section 43. The Emergency Telephone System Act is
amended by changing Section 15.6 as follows:
(50 ILCS 750/15.6)
Sec. 15.6. Enhanced 9-1-1 service; business service.
(a) After June 30, 2000, or within 18 months after
enhanced 9-1-1 service becomes available, any entity that
installs or operates a private business switch service and
provides telecommunications facilities or services to
businesses shall assure that the system is connected to the
public switched network in a manner that calls to 9-1-1
result in automatic number and location identification. For
buildings having their own street address and containing
workspace of 40,000 square feet or less, location
identification shall include the building's street address.
For buildings having their own street address and containing
workspace of more than 40,000 square feet, location
identification shall include the building's street address
and one distinct location identification per 40,000 square
feet of workspace. Separate buildings containing workspace of
40,000 square feet or less having a common public street
address shall have a distinct location identification for
each building in addition to the street address.
(b) Exemptions. Buildings containing workspace of more
than 40,000 square feet are exempt from the multiple location
identification requirements of subsection (a) if the building
maintains, at all times, alternative and adequate means of
signaling and responding to emergencies. Those means shall
include, but not be limited to, a telephone system that
provides the physical location of 9-1-1 calls coming from
within the building. Health care facilities are presumed to
meet the requirements of this paragraph if the facilities are
staffed with medical or nursing personnel 24 hours per day
and if an alternative means of providing information about
the source of an emergency call exists. Buildings under this
exemption must provide 9-1-1 service that provides the
building's street address.
Buildings containing workspace of more than 40,000 square
feet are exempt from subsection (a) if the building
maintains, at all times, alternative and adequate means of
signaling and responding to emergencies, including a
telephone system that provides the location of a 9-1-1 call
coming from within the building, and the building is serviced
by its own medical, fire and security personnel. Buildings
under this exemption are subject to emergency phone system
certification by the Illinois Commerce Commission.
Buildings in communities not serviced by enhanced 9-1-1
service are exempt from subsection (a). 2000
(c) This Act does not apply to any PBX telephone
extension that uses radio transmissions to convey electrical
signals directly between the telephone extension and the
serving PBX.
(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to
preclude the Attorney General on behalf of the Commission or
on his or her own initiative, or any other interested person,
from seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
(f) The Commission shall promulgate rules for the
administration of this Section no later than January 1, 2000.
(Source: P.A. 90-819, eff. 3-23-99; 91-518, eff. 8-13-99;
revised 10-20-99.)
Section 44. The Counties Code is amended by changing
Section 3-5018 as follows:
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
(Text of Section before amendment by P.A. 91-893)
Sec. 3-5018. Fees. The recorder elected as provided for
in this Division shall receive such fees as are or may be
provided for him by law, in case of provision therefor:
otherwise he shall receive the same fees as are or may be
provided in this Section, except when increased by county
ordinance pursuant to the provisions of this Section, to be
paid to the county clerk for his services in the office of
recorder for like services. No filing fee shall be charged
for providing informational copies of financing statements to
the recorder pursuant to subsection (8) of Section 9-403 of
the Uniform Commercial Code.
For recording deeds or other instruments $12 for the
first 4 pages thereof, plus $1 for each additional page
thereof, plus $1 for each additional document number therein
noted. The aggregate minimum fee for recording any one
instrument shall not be less than $12.
For recording deeds or other instruments wherein the
premises affected thereby are referred to by document number
and not by legal description a fee of $1 in addition to that
hereinabove referred to for each document number therein
noted.
For recording assignments of mortgages, leases or liens
$12 for the first 4 pages thereof, plus $1 for each
additional page thereof. However, except for leases and
liens pertaining to oil, gas and other minerals, whenever a
mortgage, lease or lien assignment assigns more than one
mortgage, lease or lien document, a $7 fee shall be charged
for the recording of each such mortgage, lease or lien
document after the first one.
For recording maps or plats of additions or subdivisions
approved by the county or municipality (including the
spreading of the same of record in map case or other proper
books) or plats of condominiums $50 for the first page, plus
$1 for each additional page thereof except that in the case
of recording a single page, legal size 8 1/2 x 14, plat of
survey in which there are no more than two lots or parcels of
land, the fee shall be $12. In each county where such maps
or plats are to be recorded, the recorder may require the
same to be accompanied by such number of exact, true and
legible copies thereof as the recorder deems necessary for
the efficient conduct and operation of his office.
For certified copies of records the same fees as for
recording, but in no case shall the fee for a certified copy
of a map or plat of an addition, subdivision or otherwise
exceed $10.
Each certificate of such recorder of the recording of the
deed or other writing and of the date of recording the same
signed by such recorder, shall be sufficient evidence of the
recording thereof, and such certificate including the
indexing of record, shall be furnished upon the payment of
the fee for recording the instrument, and no additional fee
shall be allowed for the certificate or indexing.
The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for recording a
document (other than a document filed under the Plat Act or
the Uniform Commercial Code) that does not conform to the
following standards:
(1) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches, not
permanently bound and not a continuous form. Graphic
displays accompanying a document to be recorded that
measure up to 11 inches by 17 inches shall be recorded
without charging an additional fee.
(2) The document shall be legibly printed in black
ink, by hand, type, or computer. Signatures and dates
may be in contrasting colors if they will reproduce
clearly.
(3) The document shall be on white paper of not
less than 20-pound weight and shall have a clean margin
of at least one-half inch on the top, the bottom, and
each side. Margins may be used for non-essential
notations that will not affect the validity of the
document, including but not limited to form numbers, page
numbers, and customer notations.
(4) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(5) The document shall not have any attachment
stapled or otherwise affixed to any page.
A document that does not conform to these standards shall not
be recorded except upon payment of the additional fee
required under this paragraph. This paragraph, as amended by
this amendatory Act of 1995, applies only to documents dated
after the effective date of this amendatory Act of 1995.
The county board of any county may provide for an
additional charge of $3 for filing every instrument, paper,
or notice for record, in order to defray the cost of
converting the county recorder's document storage system to
computers or micrographics.
A special fund shall be set up by the treasurer of the
county and such funds collected pursuant to Public Act
83-1321 shall be used solely for a document storage system to
provide the equipment, materials and necessary expenses
incurred to help defray the costs of implementing and
maintaining such a document records system.
The county board of any county that provides and
maintains a countywide map through a Geographic Information
System (GIS) may provide for an additional charge of $3 for
filing every instrument, paper, or notice for record in order
to defray the cost of implementing or maintaining the
county's Geographic Information System. Of that amount, $2
must be deposited into a special fund set up by the treasurer
of the county, and any moneys collected pursuant to this
amendatory Act of the 91st General Assembly and deposited
into that fund must be used solely for the equipment,
materials, and necessary expenses incurred in implementing
and maintaining a Geographic Information System. The
remaining $1 must be deposited into the recorder's special
funds created under Section 3-5005.4. The recorder may, in
his or her discretion, use moneys in the funds created under
Section 3-5005.4 to defray the cost of implementing or
maintaining the county's Geographic Information System.
The foregoing fees allowed by this Section are the
maximum fees that may be collected from any officer, agency,
department or other instrumentality of the State. The county
board may, however, by ordinance, increase the fees allowed
by this Section and collect such increased fees from all
persons and entities other than officers, agencies,
departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing
that the fees allowed by this Section are not sufficient to
cover the cost of providing the service.
A statement of the costs of providing each service,
program and activity shall be prepared by the county board.
All supporting documents shall be public record and subject
to public examination and audit. All direct and indirect
costs, as defined in the United States Office of Management
and Budget Circular A-87, may be included in the
determination of the costs of each service, program and
activity.
(Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
91-886, eff. 1-1-01.)
(Text of Section after amendment by P.A. 91-893)
Sec. 3-5018. Fees. The recorder elected as provided for
in this Division shall receive such fees as are or may be
provided for him by law, in case of provision therefor:
otherwise he shall receive the same fees as are or may be
provided in this Section, except when increased by county
ordinance pursuant to the provisions of this Section, to be
paid to the county clerk for his services in the office of
recorder for like services.
For recording deeds or other instruments $12 for the
first 4 pages thereof, plus $1 for each additional page
thereof, plus $1 for each additional document number therein
noted. The aggregate minimum fee for recording any one
instrument shall not be less than $12.
For recording deeds or other instruments wherein the
premises affected thereby are referred to by document number
and not by legal description a fee of $1 in addition to that
hereinabove referred to for each document number therein
noted.
For recording assignments of mortgages, leases or liens
$12 for the first 4 pages thereof, plus $1 for each
additional page thereof. However, except for leases and
liens pertaining to oil, gas and other minerals, whenever a
mortgage, lease or lien assignment assigns more than one
mortgage, lease or lien document, a $7 fee shall be charged
for the recording of each such mortgage, lease or lien
document after the first one.
For recording maps or plats of additions or subdivisions
approved by the county or municipality (including the
spreading of the same of record in map case or other proper
books) or plats of condominiums $50 for the first page, plus
$1 for each additional page thereof except that in the case
of recording a single page, legal size 8 1/2 x 14, plat of
survey in which there are no more than two lots or parcels of
land, the fee shall be $12. In each county where such maps
or plats are to be recorded, the recorder may require the
same to be accompanied by such number of exact, true and
legible copies thereof as the recorder deems necessary for
the efficient conduct and operation of his office.
For certified copies of records the same fees as for
recording, but in no case shall the fee for a certified copy
of a map or plat of an addition, subdivision or otherwise
exceed $10.
Each certificate of such recorder of the recording of the
deed or other writing and of the date of recording the same
signed by such recorder, shall be sufficient evidence of the
recording thereof, and such certificate including the
indexing of record, shall be furnished upon the payment of
the fee for recording the instrument, and no additional fee
shall be allowed for the certificate or indexing.
The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for recording a
document (other than a document filed under the Plat Act or
the Uniform Commercial Code) that does not conform to the
following standards:
(1) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches, not
permanently bound and not a continuous form. Graphic
displays accompanying a document to be recorded that
measure up to 11 inches by 17 inches shall be recorded
without charging an additional fee.
(2) The document shall be legibly printed in black
ink, by hand, type, or computer. Signatures and dates
may be in contrasting colors if they will reproduce
clearly.
(3) The document shall be on white paper of not
less than 20-pound weight and shall have a clean margin
of at least one-half inch on the top, the bottom, and
each side. Margins may be used for non-essential
notations that will not affect the validity of the
document, including but not limited to form numbers, page
numbers, and customer notations.
(4) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(5) The document shall not have any attachment
stapled or otherwise affixed to any page.
A document that does not conform to these standards shall not
be recorded except upon payment of the additional fee
required under this paragraph. This paragraph, as amended by
this amendatory Act of 1995, applies only to documents dated
after the effective date of this amendatory Act of 1995.
The county board of any county may provide for an
additional charge of $3 for filing every instrument, paper,
or notice for record, in order to defray the cost of
converting the county recorder's document storage system to
computers or micrographics.
A special fund shall be set up by the treasurer of the
county and such funds collected pursuant to Public Act
83-1321 shall be used solely for a document storage system to
provide the equipment, materials and necessary expenses
incurred to help defray the costs of implementing and
maintaining such a document records system.
The county board of any county that provides and
maintains a countywide map through a Geographic Information
System (GIS) may provide for an additional charge of $3 for
filing every instrument, paper, or notice for record in order
to defray the cost of implementing or maintaining the
county's Geographic Information System. Of that amount, $2
must be deposited into a special fund set up by the treasurer
of the county, and any moneys collected pursuant to this
amendatory Act of the 91st General Assembly and deposited
into that fund must be used solely for the equipment,
materials, and necessary expenses incurred in implementing
and maintaining a Geographic Information System. The
remaining $1 must be deposited into the recorder's special
funds created under Section 3-5005.4. The recorder may, in
his or her discretion, use moneys in the funds created under
Section 3-5005.4 to defray the cost of implementing or
maintaining the county's Geographic Information System.
The foregoing fees allowed by this Section are the
maximum fees that may be collected from any officer, agency,
department or other instrumentality of the State. The county
board may, however, by ordinance, increase the fees allowed
by this Section and collect such increased fees from all
persons and entities other than officers, agencies,
departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing
that the fees allowed by this Section are not sufficient to
cover the cost of providing the service.
A statement of the costs of providing each service,
program and activity shall be prepared by the county board.
All supporting documents shall be public record and subject
to public examination and audit. All direct and indirect
costs, as defined in the United States Office of Management
and Budget Circular A-87, may be included in the
determination of the costs of each service, program and
activity.
(Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)
Section 44.5. The Township Code is amended by changing
Section 105-35 as follows:
(60 ILCS 1/105-35)
Sec. 105-35. Township plan commission.
(a) In townships located in counties with a population
of less than 600,000 and in townships with a population of
more than 500 located in counties with a population of or
more than 3,000,000, the township board may by resolution
create a township plan commission. The commission shall
consist of 5 members appointed by the township supervisor
with the advice and consent of the township board. Their
terms of office shall be prescribed by the township board.
The township supervisor shall designate one of the members as
chairman, and the plan commission may appoint other officers
it deems necessary and appropriate. The township board may
authorize a plan commission to have necessary staff and shall
pay the expenses of that staff.
(b) Every township plan commission may have the
following powers and duties:
(1) The commission may prepare and recommend to the
township board a comprehensive plan for the present and
future development or redevelopment of the unincorporated
areas of the township. The plan may be adopted in whole
or in separate geographical or functional parts, each of
which, when adopted, shall be the official plan, or part
of the official plan, of that township. The plan may
include reasonable requirements with reference to
streets, alleys, public grounds, and other improvements
specified in this Section. The plan may recommend (i)
establishing reasonable standards of design for
subdivisions and for resubdivisions of unimproved land
and of areas subject to redevelopment with respect to
public improvements as defined in this Section and (ii)
establishing reasonable requirements governing the
location, width, course, and surfacing of public streets
and highways, alleys, ways for public service facilities,
curbs, gutters, sidewalks, street lights, parks,
playgrounds, school grounds, size of lots to be used for
residential purposes, storm water drainage, water supply
and distribution, sanitary sewers, and sewage collection
and treatment.
(2) The commission may from time to time recommend
changes in the official comprehensive plan.
(3) The commission may from time to time prepare
and recommend to the township authorities plans for
specific improvements in pursuance of the official
comprehensive plan.
(4) The commission may give aid to the officials
charged with the direction of projects for improvements
embraced within the official plan to further the making
of these projects and, generally, may promote the
realization of the official comprehensive plan.
(5) The commission may prepare and recommend to the
township board schemes for regulating or forbidding
structures or activities in unincorporated areas that may
hinder access to solar energy necessary for the proper
functioning of solar energy systems, as defined in
Section 1.2 of the Comprehensive Solar Energy Act of
1977, or may recommend changes in those schemes.
(6) The commission may exercise other powers
germane to the powers granted by this Section that are
conferred by the township board.
(c) If the county in which the township is located has
adopted a county zoning ordinance under Division 5-12 of the
Counties Code, the recommendations of the township plan
commission may be presented by the township board to the
county board of that county.
(Source: P.A. 91-721, eff. 6-2-00; 91-738, eff. 1-1-01;
revised 6-27-00.)
Section 45. The Illinois Municipal Code is amended by
changing Sections 11-31-1, 11-74.4-4, and 11-74.4-8 as
follows:
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or
remediation.
(a) The corporate authorities of each municipality 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
municipality and may remove or cause the removal of garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials from those buildings. In any county having
adopted by referendum or otherwise a county health department
as provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise
those powers with regard to dangerous and unsafe buildings or
uncompleted and abandoned buildings within the territory of
any city, village, or incorporated town having less than
50,000 population.
The corporate authorities 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 so to do, 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. Any person entitled to bring an action
under subsection (b) shall have the right to intervene in an
action brought under this Section.
The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, 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 municipality,
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 municipality, 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 municipality, 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
(c), 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 municipality, 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 municipality 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 (c).
If the appropriate official of any municipality
determines that any dangerous and unsafe building or
uncompleted and abandoned building within its territory
fulfills the requirements for an action by the municipality
under the Abandoned Housing Rehabilitation Act, the
municipality may petition under that Act in a proceeding
brought under this subsection.
(b) Any owner or tenant of real property within 1200
feet in any direction of any dangerous or unsafe building
located within the territory of a municipality with a
population of 500,000 or more may file with the appropriate
municipal authority a request that the municipality apply to
the circuit court of the county in which the building is
located for an order permitting the demolition, removal of
garbage, debris, and other noxious or unhealthy substances
and materials from, or repair or enclosure of the building in
the manner prescribed in subsection (a) of this Section. If
the municipality fails to institute an action in circuit
court within 90 days after the filing of the request, the
owner or tenant of real property within 1200 feet in any
direction of the building may institute an action in circuit
court seeking an order compelling the owner or owners of
record to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair or enclose
or to cause to be demolished, have garbage, debris, and other
noxious or unhealthy substances and materials removed from,
repaired, or enclosed the building in question. A private
owner or tenant who institutes an action under the preceding
sentence shall not be required to pay any fee to the clerk of
the circuit court. The cost of repair, removal, demolition,
or enclosure shall be borne by the owner or owners of record
of the building. In the event the owner or owners of record
fail to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair, or
enclose the building within 90 days of the date the court
entered its order, the owner or tenant who instituted the
action may request that the court join the municipality as a
party to the action. The court may order the municipality to
demolish, remove materials from, repair, or enclose the
building, or cause that action to be taken upon the request
of any owner or tenant who instituted the action or upon the
municipality's request. The municipality may file, and the
court may approve, a plan for rehabilitating the building in
question. A court order authorizing the municipality to
demolish, remove materials from, repair, or enclose a
building, or cause that action to be taken, shall not
preclude the court from adjudging the owner or owners of
record of the building in contempt of court due to the
failure to comply with the order to demolish, remove garbage,
debris, and other noxious or unhealthy substances and
materials from, repair, or enclose the building.
If a municipality or a person or persons other than the
owner or owners of record pay the cost of demolition, removal
of garbage, debris, and other noxious or unhealthy substances
and materials, repair, or enclosure pursuant to a court
order, the cost, including court costs, attorney's fees, and
other costs related to the enforcement of this subsection, is
recoverable from the owner or owners of the real estate 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, removal, demolition, or
enclosure, the municipality or the person or persons who paid
the costs of demolition, removal, repair, or enclosure shall
file a notice of lien of 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 the county if
the real estate affected is registered under the Registered
Titles (Torrens) Act. The notice shall be in a form as is
provided in subsection (a). An owner or tenant who
institutes an action in circuit court seeking an order to
compel the owner or owners of record to demolish, remove
materials from, repair, or enclose any dangerous or unsafe
building, or to cause that action to be taken under this
subsection may recover court costs and reasonable attorney's
fees for instituting the action from the owner or owners of
record of the building. Upon payment of the costs and
expenses by the owner of or a person interested in the
property after the notice of lien has been filed, the lien
shall be released by the municipality or the person in whose
name the lien has been filed or his or her assignee, and the
release may be filed of record as in the case of filing a
notice of lien. Unless the lien is enforced under subsection
(c), 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 municipality, 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 municipality from the owner
or owners of the real estate.
All liens arising under the terms of this subsection (b)
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 (c).
(c) In any case where a municipality has obtained a lien
under subsection (a), (b), or (f), the municipality may
enforce the lien under this subsection (c) in the same
proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this
subsection (c) 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), (b), or (f). 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 (c) 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 municipality, 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 municipality from the
owner or owners of the real estate. If the court denies the
petition, the municipality may enforce the lien in a separate
action as provided in subsection (a), (b), or (f).
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 (c), 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.
(d) In addition to any other remedy provided by law, the
corporate authorities of any municipality may petition the
circuit court to have property declared abandoned under this
subsection (d) 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 municipality, however, may proceed under this
subsection in a proceeding brought under subsection (a) or
(b). Notice of the petition shall be served by certified or
registered mail on all persons who were served notice under
subsection (a) or (b).
If the municipality 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 municipality 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
municipality 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 municipality of all
costs incurred by the municipality 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 municipality may petition
the court to issue a judicial deed for the property to the
municipality. 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, and
shall extinguish the rights and interests of any and all
holders of a bona fide certificate of purchase of the
property for delinquent taxes. Any such bona fide
certificate of purchase holder shall be entitled to a sale in
error as prescribed under Section 21-310 of the Property Tax
Code.
(e) Each municipality 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 or commercial building is 3 stories or
less in height as defined by the municipality's building
code, and the corporate official designated to be in charge
of enforcing the municipality'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 municipality.
Not later than 30 days following the posting of the
notice, the municipality shall do all of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a Notice to Remediate 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 municipality 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 municipality 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 municipality
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.
(3) Cause to be recorded the Notice to Remediate
mailed under paragraph (1) 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 is registered under the Registered Title
(Torrens) Act.
Any person or persons with a current legal or equitable
interest in the property objecting to the proposed actions of
the corporate authorities 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 corporate authorities 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 municipality 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
municipality proceeds with any of the actions authorized by
this subsection, any person with a legal or equitable
interest in the property 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 municipality,
then the municipality 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 municipality 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 municipality 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; this lien has priority over the interests of
those parties named in the Notice to Remediate mailed under
paragraph (1), but not over the interests of third party
purchasers or encumbrancers for value who obtained their
interests in the property before obtaining actual or
constructive notice of the lien. 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 municipality in undertaking the
remedial actions authorized under this subsection; (iii) the
date or dates the expenses were incurred by the municipality;
(iv) a statement by the corporate 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 corporate 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 municipality as
provided in subsection (a).
(f) The corporate authorities of each municipality may
remove or cause the removal of, or otherwise environmentally
remediate hazardous substances and petroleum products on, in,
or under any abandoned and unsafe property within the
territory of a municipality. In addition, where preliminary
evidence indicates the presence or likely presence of a
hazardous substance or a petroleum product or a release or a
substantial threat of a release of a hazardous substance or a
petroleum product on, in, or under the property, the
corporate authorities of the municipality may inspect the
property and test for the presence or release of hazardous
substances and petroleum products. In any county having
adopted by referendum or otherwise a county health department
as provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise the
above-described powers with regard to property within the
territory of any city, village, or incorporated town having
less than 50,000 population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real
property, whether or not improved by a structure;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2
or more years;
(B) the property is unoccupied by persons
legally in possession; and
(3) "unsafe" means property that presents an actual
or imminent threat to public health and safety caused by
the release of hazardous substances; and
(4) "hazardous substances" means the same as in
Section 3.14 of the Environmental Protection Act.
The corporate authorities shall apply to the circuit
court of the county in which the property is located (i) for
an order allowing the municipality to enter the property and
inspect and test substances on, in, or under the property; or
(ii) for an order authorizing the corporate authorities to
take action with respect to remediation of the property if
conditions on the property, based on the inspection and
testing authorized in paragraph (i), indicate the presence of
hazardous substances or petroleum products. Remediation
shall be deemed complete for purposes of paragraph (ii) above
when the property satisfies Tier I, II, or III remediation
objectives for the property's most recent usage, as
established by the Environmental Protection Act, and the
rules and regulations promulgated thereunder. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the property, 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 court shall grant an order authorizing testing under
paragraph (i) above upon a showing of preliminary evidence
indicating the presence or likely presence of a hazardous
substance or a petroleum product or a release of or a
substantial threat of a release of a hazardous substance or a
petroleum product on, in, or under abandoned property. The
preliminary evidence may include, but is not limited to,
evidence of prior use, visual site inspection, or records of
prior environmental investigations. The testing authorized
by paragraph (i) above shall include any type of
investigation which is necessary for an environmental
professional to determine the environmental condition of the
property, including but not limited to performance of soil
borings and groundwater monitoring. The court shall grant a
remediation order under paragraph (ii) above where testing of
the property indicates that it fails to meet the applicable
remediation objectives. 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 inspection, testing, or remediation
incurred by the municipality or by a lien holder of record,
including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is a lien on the
real estate; except that in any instances where a
municipality incurs costs of inspection and testing but finds
no hazardous substances or petroleum products on the property
that present an actual or imminent threat to public health
and safety, such costs are not recoverable from the owners
nor are such costs a lien on the real estate. The lien is
superior to all prior existing liens and encumbrances, except
taxes and any lien obtained under subsection (a) or (e), if,
within 180 days after the completion of the inspection,
testing, or remediation, the municipality or the lien holder
of record 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
(i) a description of the real estate sufficient for its
identification, (ii) the amount of money representing the
cost and expense incurred, and (iii) the date or dates when
the cost and expense was incurred by the municipality or the
lien holder of record. Upon payment of the lien amount by
the owner of or persons interested in the property after the
notice of lien has been filed, a release of lien shall be
issued by the municipality, 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.
The lien may be enforced under subsection (c) or by
foreclosure proceedings as in the case of mortgage
foreclosures under Article XV of the Code of Civil Procedure
or mechanics' lien foreclosures; provided that where the lien
is enforced by foreclosure under subsection (c) or under
either statute, the municipality may not proceed against the
other assets of the owner or owners of the real estate for
any costs that otherwise would be recoverable under this
Section but that remain unsatisfied after foreclosure except
where such additional recovery is authorized by separate
environmental laws. 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
municipality, 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.
All liens arising under this subsection (f) 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 (c).
(g) In any case where a municipality has obtained a lien
under subsection (a), the municipality may also bring an
action for a money judgment against the owner or owners of
the real estate in the amount of the lien in the same manner
as provided for bringing causes of action in Article II of
the Code of Civil Procedure and, upon obtaining a judgment,
file a judgment lien against all of the real estate of the
owner or owners and enforce that lien as provided for in
Article XII of the Code of Civil Procedure.
(Source: P.A. 90-393, eff. 1-1-98; 90-597, eff. 6-25-98;
91-162, eff. 7-16-99; 91-177, eff. 1-1-00; 91-357, eff.
7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 1-1-00; revised
8-27-99.)
(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties;
redevelopment project areas. A municipality may:
(a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st
General Assembly, has adopted an ordinance or resolution
fixing a time and place for a public hearing under Section
11-74.4-5 or (ii) before July 1, 1999, has adopted an
ordinance or resolution providing for a feasibility study
under Section 11-74.4-4.1, but has not yet adopted an
ordinance approving redevelopment plans and redevelopment
projects or designating redevelopment project areas under
this Section, until after that municipality adopts an
ordinance approving redevelopment plans and redevelopment
projects or designating redevelopment project areas under
this Section; thereafter the changes made by this amendatory
Act of the 91st General Assembly apply to the same extent
that they apply to redevelopment plans and redevelopment
projects that were approved and redevelopment projects that
were designated before the effective date of this amendatory
Act of the 91st General Assembly.
By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the completion of the
hearing specified in Section 11-74.4-5 approve redevelopment
plans and redevelopment projects, and designate redevelopment
project areas pursuant to notice and hearing required by this
Act. No redevelopment project area shall be designated
unless a plan and project are approved prior to the
designation of such area and such area shall include only
those contiguous parcels of real property and improvements
thereon substantially benefited by the proposed redevelopment
project improvements. Upon adoption of the ordinances, the
municipality shall forthwith transmit to the county clerk of
the county or counties within which the redevelopment project
area is located a certified copy of the ordinances, a legal
description of the redevelopment project area, a map of the
redevelopment project area, identification of the year that
the county clerk shall use for determining the total initial
equalized assessed value of the redevelopment project area
consistent with subsection (a) of Section 11-74.4-9, and a
list of the parcel or tax identification number of each
parcel of property included in the redevelopment project
area.
(b) Make and enter into all contracts with property
owners, developers, tenants, overlapping taxing bodies, and
others necessary or incidental to the implementation and
furtherance of its redevelopment plan and project.
(c) Within a redevelopment project area, acquire by
purchase, donation, lease or eminent domain; own, convey,
lease, mortgage or dispose of land and other property, real
or personal, or rights or interests therein, and grant or
acquire licenses, easements and options with respect thereto,
all in the manner and at such price the municipality
determines is reasonably necessary to achieve the objectives
of the redevelopment plan and project. No conveyance, lease,
mortgage, disposition of land or other property owned by a
municipality, or agreement relating to the development of
such municipal property shall be made except upon the
adoption of an ordinance by the corporate authorities of the
municipality. Furthermore, no conveyance, lease, mortgage, or
other disposition of land owned by a municipality or
agreement relating to the development of such municipal
property shall be made without making public disclosure of
the terms of the disposition and all bids and proposals made
in response to the municipality's request. The procedures
for obtaining such bids and proposals shall provide
reasonable opportunity for any person to submit alternative
proposals or bids.
(d) Within a redevelopment project area, clear any area
by demolition or removal of any existing buildings and
structures.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as
permitted under this Act.
(f) Install, repair, construct, reconstruct or relocate
streets, utilities and site improvements essential to the
preparation of the redevelopment area for use in accordance
with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and
collect fees, rents and charges for the use of any building
or property owned or leased by it or any part thereof, or
facility therein.
(h) Accept grants, guarantees and donations of property,
labor, or other things of value from a public or private
source for use within a project redevelopment area.
(i) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Act.
(j) Incur project redevelopment costs and reimburse
developers who incur redevelopment project costs authorized
by a redevelopment agreement; provided, however, that on and
after the effective date of this amendatory Act of the 91st
General Assembly, no municipality shall incur redevelopment
project costs (except for planning costs and any other
eligible costs authorized by municipal ordinance or
resolution that are subsequently included in the
redevelopment plan for the area and are incurred by the
municipality after the ordinance or resolution is adopted)
that are not consistent with the program for accomplishing
the objectives of the redevelopment plan as included in that
plan and approved by the municipality until the municipality
has amended the redevelopment plan as provided elsewhere in
this Act.
(k) Create a commission of not less than 5 or more than
15 persons to be appointed by the mayor or president of the
municipality with the consent of the majority of the
governing board of the municipality. Members of a commission
appointed after the effective date of this amendatory Act of
1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5
years, respectively, in such numbers as to provide that the
terms of not more than 1/3 of all such members shall expire
in any one year. Their successors shall be appointed for a
term of 5 years. The commission, subject to approval of the
corporate authorities may exercise the powers enumerated in
this Section. The commission shall also have the power to
hold the public hearings required by this division and make
recommendations to the corporate authorities concerning the
adoption of redevelopment plans, redevelopment projects and
designation of redevelopment project areas.
(l) Make payment in lieu of taxes or a portion thereof
to taxing districts. If payments in lieu of taxes or a
portion thereof are made to taxing districts, those payments
shall be made to all districts within a project redevelopment
area on a basis which is proportional to the current
collections of revenue which each taxing district receives
from real property in the redevelopment project area.
(m) Exercise any and all other powers necessary to
effectuate the purposes of this Act.
(n) If any member of the corporate authority, a member
of a commission established pursuant to Section 11-74.4-4(k)
of this Act, or an employee or consultant of the municipality
involved in the planning and preparation of a redevelopment
plan, or project for a redevelopment project area or proposed
redevelopment project area, as defined in Sections
11-74.4-3(i) through (k) of this Act, owns or controls an
interest, direct or indirect, in any property included in any
redevelopment area, or proposed redevelopment area, he or she
shall disclose the same in writing to the clerk of the
municipality, and shall also so disclose the dates and terms
and conditions of any disposition of any such interest, which
disclosures shall be acknowledged by the corporate
authorities and entered upon the minute books of the
corporate authorities. If an individual holds such an
interest then that individual shall refrain from any further
official involvement in regard to such redevelopment plan,
project or area, from voting on any matter pertaining to such
redevelopment plan, project or area, or communicating with
other members concerning corporate authorities, commission or
employees concerning any matter pertaining to said
redevelopment plan, project or area. Furthermore, no such
member or employee shall acquire of any interest direct, or
indirect, in any property in a redevelopment area or proposed
redevelopment area after either (a) such individual obtains
knowledge of such plan, project or area or (b) first public
notice of such plan, project or area pursuant to Section
11-74.4-6 of this Division, whichever occurs first. For the
purposes of this subsection, a property interest acquired in
a single parcel of property by a member of the corporate
authority, which property is used exclusively as the
member's primary residence, shall not be deemed to constitute
an interest in any property included in a redevelopment area
or proposed redevelopment area that was established before
December 31, 1989, but the member must disclose the
acquisition to the municipal clerk under the provisions of
this subsection. For the purposes of this subsection, a
month-to-month leasehold interest in a single parcel of
property by a member of the corporate authority shall not be
deemed to constitute an interest in any property included in
any redevelopment area or proposed redevelopment area, but
the member must disclose the interest to the municipal clerk
under the provisions of this subsection.
(o) Create a Tax Increment Economic Development Advisory
Committee to be appointed by the Mayor or President of the
municipality with the consent of the majority of the
governing board of the municipality, the members of which
Committee shall be appointed for initial terms of 1, 2, 3, 4
and 5 years respectively, in such numbers as to provide that
the terms of not more than 1/3 of all such members shall
expire in any one year. Their successors shall be appointed
for a term of 5 years. The Committee shall have none of the
powers enumerated in this Section. The Committee shall serve
in an advisory capacity only. The Committee may advise the
governing Board of the municipality and other municipal
officials regarding development issues and opportunities
within the redevelopment project area or the area within the
State Sales Tax Boundary. The Committee may also promote and
publicize development opportunities in the redevelopment
project area or the area within the State Sales Tax Boundary.
(p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the provisions
of the Act wherever they have contiguous redevelopment
project areas or they determine to adopt tax increment
financing with respect to a redevelopment project area which
includes contiguous real property within the boundaries of
the municipalities, and in doing so, they may, by agreement
between municipalities, issue obligations, separately or
jointly, and expend revenues received under the Act for
eligible expenses anywhere within contiguous redevelopment
project areas or as otherwise permitted in the Act.
(q) Utilize revenues, other than State sales tax
increment revenues, received under this Act from one
redevelopment project area for eligible costs in another
redevelopment project area that is either contiguous to, or
is separated only by a public right of way from, the
redevelopment project area from which the revenues are
received. Utilize tax increment revenues for eligible costs
that are received from a redevelopment project area created
under the Industrial Jobs Recovery Law that is either
contiguous to, or is separated only by a public right of way
from, the redevelopment project area created under this Act
which initially receives these revenues. Utilize revenues,
other than State sales tax increment revenues, by
transferring or loaning such revenues to a redevelopment
project area created under the Industrial Jobs Recovery Law
that is either contiguous to, or separated only by a public
right of way from the redevelopment project area that
initially produced and received those revenues; and, if the
redevelopment project area (i) was established before the
effective date of this amendatory Act of the 91st General
Assembly and (ii) is located within a municipality with a
population of more than 100,000, utilize revenues or proceeds
of obligations authorized by Section 11-74.4-7 of this Act,
other than use or occupation tax revenues, to pay for any
redevelopment project costs as defined by subsection (q) of
Section 11-74.4-3 to the extent that the redevelopment
project costs involve public property that is either
contiguous to, or separated only by a public right of way
from, a redevelopment project area whether or not
redevelopment project costs or the source of payment for the
costs are specifically set forth in the redevelopment plan
for the redevelopment project area.
(r) If no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area was
designated by ordinance under subsection (a), the
municipality shall adopt an ordinance repealing the area's
designation as a redevelopment project area; provided,
however, that if an area received its designation more than 3
years before the effective date of this amendatory Act of
1994 and no redevelopment project has been initiated within 4
years after the effective date of this amendatory Act of
1994, the municipality shall adopt an ordinance repealing its
designation as a redevelopment project area. Initiation of a
redevelopment project shall be evidenced by either a signed
redevelopment agreement or expenditures on eligible
redevelopment project costs associated with a redevelopment
project.
(Source: P.A. 90-258, eff. 7-30-97; 91-478, eff. 11-1-99;
91-642, eff. 8-20-99; revised 10-20-99.)
(65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
Sec. 11-74.4-8. A municipality may not adopt tax
increment financing in a redevelopment project area after the
effective date of this amendatory Act of 1997 that will
encompass an area that is currently included in an enterprise
zone created under the Illinois Enterprise Zone Act unless
that municipality, pursuant to Section 5.4 of the Illinois
Enterprise Zone Act, amends the enterprise zone designating
ordinance to limit the eligibility for tax abatements as
provided in Section 5.4.1 of the Illinois Enterprise Zone
Act. A municipality, at the time a redevelopment project
area is designated, may adopt tax increment allocation
financing by passing an ordinance providing that the ad
valorem taxes, if any, arising from the levies upon taxable
real property in such redevelopment project area by taxing
districts and tax rates determined in the manner provided in
paragraph (c) of Section 11-74.4-9 each year after the
effective date of the ordinance until redevelopment project
costs and all municipal obligations financing redevelopment
project costs incurred under this Division have been paid
shall be divided as follows:
(a) That portion of taxes levied upon each taxable lot,
block, tract or parcel of real property which is attributable
to the lower of the current equalized assessed value or the
initial equalized assessed value of each such taxable lot,
block, tract or parcel of real property in the redevelopment
project area shall be allocated to and when collected shall
be paid by the county collector to the respective affected
taxing districts in the manner required by law in the absence
of the adoption of tax increment allocation financing.
(b) Except from a tax levied by a township to retire
bonds issued to satisfy court-ordered damages, that portion,
if any, of such taxes which is attributable to the increase
in the current equalized assessed valuation of each taxable
lot, block, tract or parcel of real property in the
redevelopment project area over and above the initial
equalized assessed value of each property in the project area
shall be allocated to and when collected shall be paid to the
municipal treasurer who shall deposit said taxes into a
special fund called the special tax allocation fund of the
municipality for the purpose of paying redevelopment project
costs and obligations incurred in the payment thereof. In any
county with a population of 3,000,000 or more that has
adopted a procedure for collecting taxes that provides for
one or more of the installments of the taxes to be billed and
collected on an estimated basis, the municipal treasurer
shall be paid for deposit in the special tax allocation fund
of the municipality, from the taxes collected from estimated
bills issued for property in the redevelopment project area,
the difference between the amount actually collected from
each taxable lot, block, tract, or parcel of real property
within the redevelopment project area and an amount
determined by multiplying the rate at which taxes were last
extended against the taxable lot, block, track, or parcel of
real property in the manner provided in subsection (c) of
Section 11-74.4-9 by the initial equalized assessed value of
the property divided by the number of installments in which
real estate taxes are billed and collected within the county;
provided that the payments on or before December 31, 1999 to
a municipal treasurer shall be made only if each of the
following conditions are met:
(1) The total equalized assessed value of the
redevelopment project area as last determined was not
less than 175% of the total initial equalized assessed
value.
(2) Not more than 50% of the total equalized
assessed value of the redevelopment project area as last
determined is attributable to a piece of property
assigned a single real estate index number.
(3) The municipal clerk has certified to the county
clerk that the municipality has issued its obligations to
which there has been pledged the incremental property
taxes of the redevelopment project area or taxes levied
and collected on any or all property in the municipality
or the full faith and credit of the municipality to pay
or secure payment for all or a portion of the
redevelopment project costs. The certification shall be
filed annually no later than September 1 for the
estimated taxes to be distributed in the following year;
however, for the year 1992 the certification shall be
made at any time on or before March 31, 1992.
(4) The municipality has not requested that the
total initial equalized assessed value of real property
be adjusted as provided in subsection (b) of Section
11-74.4-9.
The conditions of paragraphs (1) through (4) do not apply
after December 31, 1999 to payments to a municipal treasurer
made by a county with 3,000,000 or more inhabitants that has
adopted an estimated billing procedure for collecting taxes.
If a county that has adopted the estimated billing procedure
makes an erroneous overpayment of tax revenue to the
municipal treasurer, then the county may seek a refund of
that overpayment. The county shall send the municipal
treasurer a notice of liability for the overpayment on or
before the mailing date of the next real estate tax bill
within the county. The refund shall be limited to the amount
of the overpayment.
It is the intent of this Division that after the
effective date of this amendatory Act of 1988 a
municipality's own ad valorem tax arising from levies on
taxable real property be included in the determination of
incremental revenue in the manner provided in paragraph (c)
of Section 11-74.4-9. If the municipality does not extend
such a tax, it shall annually deposit in the municipality's
Special Tax Increment Fund an amount equal to 10% of the
total contributions to the fund from all other taxing
districts in that year. The annual 10% deposit required by
this paragraph shall be limited to the actual amount of
municipally produced incremental tax revenues available to
the municipality from taxpayers located in the redevelopment
project area in that year if: (a) the plan for the area
restricts the use of the property primarily to industrial
purposes, (b) the municipality establishing the redevelopment
project area is a home-rule community with a 1990 population
of between 25,000 and 50,000, (c) the municipality is wholly
located within a county with a 1990 population of over
750,000 and (d) the redevelopment project area was
established by the municipality prior to June 1, 1990. This
payment shall be in lieu of a contribution of ad valorem
taxes on real property. If no such payment is made, any
redevelopment project area of the municipality shall be
dissolved.
If a municipality has adopted tax increment allocation
financing by ordinance and the County Clerk thereafter
certifies the "total initial equalized assessed value as
adjusted" of the taxable real property within such
redevelopment project area in the manner provided in
paragraph (b) of Section 11-74.4-9, each year after the date
of the certification of the total initial equalized assessed
value as adjusted until redevelopment project costs and all
municipal obligations financing redevelopment project costs
have been paid the ad valorem taxes, if any, arising from the
levies upon the taxable real property in such redevelopment
project area by taxing districts and tax rates determined in
the manner provided in paragraph (c) of Section 11-74.4-9
shall be divided as follows:
(1) That portion of the taxes levied upon each
taxable lot, block, tract or parcel of real property
which is attributable to the lower of the current
equalized assessed value or "current equalized assessed
value as adjusted" or the initial equalized assessed
value of each such taxable lot, block, tract, or parcel
of real property existing at the time tax increment
financing was adopted, minus the total current homestead
exemptions provided by Sections 15-170 and 15-175 of the
Property Tax Code in the redevelopment project area shall
be allocated to and when collected shall be paid by the
county collector to the respective affected taxing
districts in the manner required by law in the absence of
the adoption of tax increment allocation financing.
(2) That portion, if any, of such taxes which is
attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract, or
parcel of real property in the redevelopment project
area, over and above the initial equalized assessed value
of each property existing at the time tax increment
financing was adopted, minus the total current homestead
exemptions pertaining to each piece of property provided
by Sections 15-170 and 15-175 of the Property Tax Code in
the redevelopment project area, shall be allocated to and
when collected shall be paid to the municipal Treasurer,
who shall deposit said taxes into a special fund called
the special tax allocation fund of the municipality for
the purpose of paying redevelopment project costs and
obligations incurred in the payment thereof.
The municipality may pledge in the ordinance the funds in
and to be deposited in the special tax allocation fund for
the payment of such costs and obligations. No part of the
current equalized assessed valuation of each property in the
redevelopment project area attributable to any increase above
the total initial equalized assessed value, or the total
initial equalized assessed value as adjusted, of such
properties shall be used in calculating the general State
school aid formula, provided for in Section 18-8 of the
School Code, until such time as all redevelopment project
costs have been paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of
financing redevelopment project costs, such municipality may
provide by ordinance for the appointment of a trustee, which
may be any trust company within the State, and for the
establishment of such funds or accounts to be maintained by
such trustee as the municipality shall deem necessary to
provide for the security and payment of the bonds. If such
municipality provides for the appointment of a trustee, such
trustee shall be considered the assignee of any payments
assigned by the municipality pursuant to such ordinance and
this Section. Any amounts paid to such trustee as assignee
shall be deposited in the funds or accounts established
pursuant to such trust agreement, and shall be held by such
trustee in trust for the benefit of the holders of the bonds,
and such holders shall have a lien on and a security interest
in such funds or accounts so long as the bonds remain
outstanding and unpaid. Upon retirement of the bonds, the
trustee shall pay over any excess amounts held to the
municipality for deposit in the special tax allocation fund.
When such redevelopment projects costs, including without
limitation all municipal obligations financing redevelopment
project costs incurred under this Division, have been paid,
all surplus funds then remaining in the special tax
allocation fund shall be distributed by being paid by the
municipal treasurer to the Department of Revenue, the
municipality and the county collector; first to the
Department of Revenue and the municipality in direct
proportion to the tax incremental revenue received from the
State and the municipality, but not to exceed the total
incremental revenue received from the State or the
municipality less any annual surplus distribution of
incremental revenue previously made; with any remaining funds
to be paid to the County Collector who shall immediately
thereafter pay said funds to the taxing districts in the
redevelopment project area in the same manner and proportion
as the most recent distribution by the county collector to
the affected districts of real property taxes from real
property in the redevelopment project area.
Upon the payment of all redevelopment project costs,
retirement of obligations and the distribution of any excess
monies pursuant to this Section, the municipality shall adopt
an ordinance dissolving the special tax allocation fund for
the redevelopment project area and terminating the
designation of the redevelopment project area as a
redevelopment project area. Municipalities shall notify
affected taxing districts prior to November 1 if the
redevelopment project area is to be terminated by December 31
of that same year. If a municipality extends estimated dates
of completion of a redevelopment project and retirement of
obligations to finance a redevelopment project, as allowed by
this amendatory Act of 1993, that extension shall not extend
the property tax increment allocation financing authorized by
this Section. Thereafter the rates of the taxing districts
shall be extended and taxes levied, collected and distributed
in the manner applicable in the absence of the adoption of
tax increment allocation financing.
Nothing in this Section shall be construed as relieving
property in such redevelopment project areas from being
assessed as provided in the Property Tax Code or as relieving
owners of such property from paying a uniform rate of taxes,
as required by Section 4 of Article 9 of the Illinois
Constitution.
(Source: P.A. 90-258, eff. 7-30-97; 91-190, eff. 7-20-99;
91-478, eff. 11-1-99; revised 10-13-99.)
Section 46. The Metropolitan Pier and Exposition
Authority Act is amended by changing Section 23.1 as follows:
(70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
Sec. 23.1. (a) The Authority shall, within 90 days
after the effective date of this amendatory Act of 1984,
establish and maintain an affirmative action program designed
to promote equal employment opportunity and eliminate the
effects of past discrimination. Such program shall include a
plan, including timetables where appropriate, which shall
specify goals and methods for increasing participation by
women and minorities in employment by the Authority and by
parties which contract with the Authority. The Authority
shall submit a detailed plan with the General Assembly prior
to September 1 of each year. Such program shall also
establish procedures and sanctions (including debarment),
which the Authority shall enforce to ensure compliance with
the plan established pursuant to this Section and with State
and federal laws and regulations relating to the employment
of women and minorities. A determination by the Authority as
to whether a party to a contract with the Authority has
achieved the goals or employed the methods for increasing
participation by women and minorities shall be determined in
accordance with the terms of such contracts or the applicable
provisions of rules and regulations of the Authority existing
at the time such contract was executed, including any
provisions for consideration of good faith efforts at
compliance which the Authority may reasonably adopt.
(b) The Authority shall adopt and maintain minority and
female owned business enterprise procurement programs under
the affirmative action program described in subsection (a)
for any and all work undertaken by the Authority. That work
shall include, but is not limited to, the purchase of
professional services, construction services, supplies,
materials, and equipment. The programs shall establish goals
of awarding not less than 25% of the annual dollar value of
all contracts, purchase orders, or other agreements
(collectively referred to as "contracts") to minority owned
businesses and 5% of the annual dollar value of all contracts
to female owned businesses. Without limiting the generality
of the foregoing, the programs shall require in connection
with the prequalification or consideration of vendors for
professional service contracts, construction contracts, and
contracts for supplies, materials, equipment, and services
that each proposer or bidder submit as part of his or her
proposal or bid a commitment detailing how he or she will
expend 25% or more of the dollar value of his or her
contracts with one or more minority owned businesses and 5%
or more of the dollar value with one or more female owned
businesses. Bids or proposals that do not include such
detailed commitments are not responsive and shall be rejected
unless the Authority deems it appropriate to grant a waiver
of these requirements. In addition the Authority may, in
connection with the selection of providers of professional
services, reserve the right to select a minority or female
owned business or businesses to fulfill the commitment to
minority and female business participation. The commitment
to minority and female business participation may be met by
the contractor or professional service provider's status as a
minority or female owned business, by joint venture or by
subcontracting a portion of the work with or purchasing
materials for the work from one or more such businesses, or
by any combination thereof. Each contract shall require the
contractor or provider to submit a certified monthly report
detailing the status of that contractor or provider's
compliance with the Authority's minority and female owned
business enterprise procurement program. The Authority,
after reviewing the monthly reports of the contractors and
providers, shall compile a comprehensive report regarding
compliance with this procurement program and file it
quarterly with the General Assembly. If, in connection with
a particular contract, the Authority determines that it is
impracticable or excessively costly to obtain minority or
female owned businesses to perform sufficient work to fulfill
the commitment required by this subsection, the Authority
shall reduce or waive the commitment in the contract, as may
be appropriate. The Authority shall establish rules and
regulations setting forth the standards to be used in
determining whether or not a reduction or waiver is
appropriate. The terms "minority owned business" and "female
owned business" have the meanings given to those terms in the
Minority and Female Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
(c) The Authority shall adopt and maintain an
affirmative action program in connection with the hiring of
minorities and women on the Expansion Project and on any and
all construction projects undertaken by the Authority. The
program shall be designed to promote equal employment
opportunity and shall specify the goals and methods for
increasing the participation of minorities and women in a
representative mix of job classifications required to perform
the respective contracts awarded by the Authority.
(d) In connection with the Expansion Project, the
Authority shall incorporate the following elements into its
minority and female owned business procurement programs to
the extent feasible: (1) a major contractors program that
permits minority owned businesses and female owned businesses
to bear significant responsibility and risk for a portion of
the project; (2) a mentor/protege program that provides
financial, technical, managerial, equipment, and personnel
support to minority owned businesses and female owned
businesses; (3) an emerging firms program that includes
minority owned businesses and female owned businesses that
would not otherwise qualify for the project due to
inexperience or limited resources; (4) a small projects
program that includes participation by smaller minority owned
businesses and female owned businesses on jobs where the
total dollar value is $5,000,000 or less; and (5) a set-aside
program that will identify contracts requiring the
expenditure of funds less than $50,000 for bids to be
submitted solely by minority owned businesses and female
owned businesses.
(e) The Authority is authorized to enter into agreements
with contractors' associations, labor unions, and the
contractors working on the Expansion Project to establish an
Apprenticeship Preparedness Training Program to provide for
an increase in the number of minority and female journeymen
and apprentices in the building trades and to enter into
agreements with Community College District 508 to provide
readiness training. The Authority is further authorized to
enter into contracts with public and private educational
institutions and persons in the hospitality industry to
provide training for employment in the hospitality industry.
(f) McCormick Place Advisory Board. There is created a
McCormick Place Advisory Board composed as follows: 7 members
shall be named by the Authority who are residents of the area
surrounding the McCormick Place Expansion Project and are
either minorities, as defined in this subsection, or women; 7
members shall be State Senators named by the President of the
Senate who are residents of the City of Chicago and are
either members of minority groups or women; and 7 members
shall be State Representatives named by the Speaker of the
House who are residents of the City of Chicago and are either
members of minority groups or women. A State Senator or
State Representative member may appoint a designee to serve
on the McCormick Place Advisory Board in his or her absence.
A "member of a minority group" shall mean a person who is
a citizen or lawful permanent resident of the United States
and who is
(1) Black (a person having origins in any of the
black racial groups in Africa);
(2) Hispanic (a person of Spanish or Portuguese
culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race);
(3) Asian American (a person having origins in any
of the original peoples of the Far East, Southeast Asia,
the Indian Subcontinent, or the Pacific Islands); or
(4) American Indian or Alaskan Native (a person
having origins in any of the original peoples of North
America).
Members of the McCormick Place Advisory Board shall serve
2-year terms and until their successors are appointed, except
members who serve as a result of their elected position whose
terms shall continue as long as they hold their designated
elected positions. Vacancies shall be filled by appointment
for the unexpired term in the same manner as original
appointments are made. The McCormick Place Advisory Board
shall elect its own chairperson.
Members of the McCormick Place Advisory Board shall serve
without compensation but, at the Authority's discretion,
shall be reimbursed for necessary expenses in connection with
the performance of their duties.
The McCormick Place Advisory Board shall meet quarterly,
or as needed, shall produce any reports it deems necessary,
and shall:
(1) Work with the Authority on ways to improve the
area physically and economically;
(2) Work with the Authority regarding potential
means for providing increased economic opportunities to
minorities and women produced indirectly or directly from
the construction and operation of the Expansion Project;
(3) Work with the Authority to minimize any
potential impact on the area surrounding the McCormick
Place Expansion Project, including any impact on minority
or female owned businesses, resulting from the
construction and operation of the Expansion Project;
(4) Work with the Authority to find candidates for
building trades apprenticeships, for employment in the
hospitality industry, and to identify job training
programs;
(5) Work with the Authority to implement the
provisions of subsections (a) through (e) of this Section
in the construction of the Expansion Project, including
the Authority's goal of awarding not less than 25% and 5%
of the annual dollar value of contracts to minority and
female owned businesses, the outreach program for
minorities and women, and the mentor/protege program for
providing assistance to minority and female owned
businesses.
(Source: P.A. 91-422, eff. 1-1-00; revised 8-23-99.)
Section 46.2. The Public Health District Act is amended
by changing Section 24 as follows:
(70 ILCS 905/24) (from Ch. 111 1/2, par. 20.4)
Sec. 24. The bonds authorized by this Act shall be sold
and the proceeds thereof used solely for the specified
purpose. At or before the time of delivery of any bond, the
board shall file with the county clerk of each county in
which the district is situated its certificates, stating the
amount of bonds to be issued, or denominations, rate of
interest, where payable, and shall include a form of bond to
be issued. The board shall levy a direct tax upon all of the
taxable property within the district sufficient to pay the
principal principle and interest on the bonds as and when the
same respectively mature. The certificates so filed shall be
full authority to the county clerk to extend the tax named
therein upon all the taxable property within the district.
Such tax shall be in addition to all other taxes and shall
not be within any rate limitation otherwise prescribed by
law.
The proceeds received from the sale of the bonds shall be
received and held by the board and expended under its
direction upon the warrant of a majority of the members.
(Source: Laws 1953, p. 900; revised 9-22-00.)
Section 46.4. The Metropolitan Water Reclamation
District Act is amended by changing Section 8c as follows:
(70 ILCS 2605/8c) (from Ch. 42, par. 327c)
Sec. 8c. Every lease of property no longer or not
immediately required for corporate purposes of a sanitary
district, from such district to others for a term not to
exceed 99 years, in accordance with Section 8 of this Act,
shall be negotiated, created and executed in the following
manner:
(1) Notice of such proposed leasing shall be published
for 3 consecutive weeks in a newspaper of general circulation
published in such sanitary district, if any, and otherwise in
the county containing such district.;
(2) Prior to receipt of bids for the lease under this
Section, the fair market value of every parcel of real
property to be leased must be determined by 2 professional
appraisers who are members of the American Institute of Real
Estate Appraisers or a similar, equivalently recognized
professional organization. The sanitary district acting
through the general superintendent may select and engage an
additional appraiser for such determination of fair market
value. Every appraisal report must contain an affidavit
certifying the absence of any collusion involving the
appraiser and relating to the lease of such property.;
(3) Such lease must be awarded to the highest
responsible bidder (including established commercial or
industrial concerns and financially responsible individuals)
upon free and open competitive bids, except that no lease may
be awarded unless the bid of such highest responsible bidder
provides for an annual rental payment to the sanitary
district of at least 6% of the fair market value determined
under this Section.;
(4) Prior to acceptance of the bid of the highest
responsible bidder and before execution of the lease the
bidder shall submit to the board of commissioners and general
superintendent, for incorporation in the lease, a detailed
plan and description of improvements to be constructed upon
the leased property, the time within which the improvements
will be completed, and the intended uses of the leased
property. If there is more than one responsible bid, the
board of commissioners may authorize and direct the general
superintendent to solicit from the 2 highest responsible
bidders written amendments to their prior bids, increasing
their rental bid proposal by at least 5% in excess of their
prior written bid, or otherwise amending the financial terms
of their bid so as to maximize the financial return to the
sanitary district during the term of the proposed lease.
Upon the general superintendent's tentative agreement with
one or more amended bids, the bids may be submitted to the
board of commissioners with the recommendation of the general
superintendent for acceptance of one or rejection of all.
The amendments may not result in a diminution of the terms of
the transaction and must result in an agreement that is equal
to or greater in value than the highest responsible bid
initially received.;
(5) The execution of such lease must be contemporaneous
to the execution by the lessee, each member of the board of
commissioners and the general superintendent of an affidavit
certifying the absence of any collusion involving the lessee,
the members and the general superintendent and relating to
such lease.;
(6) No later than 30 days after the effective date of
the lease, the lessee must deliver to the sanitary district a
certified statement of the County Assessor, Township Assessor
or the county clerk of the county wherein the property is
situated that such property is presently contained in the
official list of lands and lots to be assessed for taxes for
the several towns or taxing districts in his county.;
(7) Such lease shall provide for a fixed annual rental
payment for the first year not less than 6% of the fair
market value as determined under this Section and may be
subject to annual adjustments based on changes in the
Consumer Price Index published by the United States
Department of Labor, Bureau of Labor Statistics, or some
other well known economic governmental activity index. Any
lease, the term of which will extend for 15 years or more,
shall provide for a redetermination of the fair market value
(independent of improvements to the property subsequent to
the effective date of the lease) after the initial 10 years
and every 10 years thereafter, in the manner set forth in
paragraph (2) of this Section, said redetermination to be as
of the first day of each succeeding 10 year period, and
annual rental payments shall be adjusted so that the ratio of
annual rental to fair market value shall be the same as that
ratio for the first year of the preceding 10 year period.
The rental payment for the first year of the new 10 year
period may be subject to Consumer Price Index or other
allowable index adjustments for each of the next 9 years, or
until the end of the lease term if there are less than 9
years remaining.
(8) A sanitary district may require compensation to be
paid in addition to rent, based on a reasonable percentage of
revenues derived from a lessee's business operations on the
leasehold premises or subleases, or may require additional
compensation from the lessee or any sublessee in the form of
services, including but not limited to solid waste disposal;
provided, however, that such additional compensation shall
not be considered in determining the highest responsible bid,
said highest responsible bid to be determined only on the
initial annual rental payment as set forth in paragraph (3)
of this Section.
(9) No assignment of such lease or sublease of such
property is effective unless approved in writing by the
general superintendent and the board of commissioners of the
sanitary district. No assignment or sublease is effective if
the assignee or sublessee is a trust constituted by real
property of which the trustee has title but no power of
management or control, unless the identity of the
beneficiaries of the trust is revealed, upon demand, to the
general superintendent and the board of commissioners of the
sanitary district.;
(10) Failure by the lessee to comply with a provision in
the lease relating to improvements upon the leased property
or any other provision constitutes grounds for forfeiture of
the lease, and upon such failure the sanitary district acting
through the general superintendent shall serve the lessee
with a notice to terminate the lease and deliver possession
of the property to the sanitary district within a particular
period.;
(11) If the general superintendent and the board of
commissioners conclude that it would be in the public
interest, said sanitary district may lease to the United
States of America and the State of Illinois, County of Cook,
any municipal corporation, or any institution of higher
learning which has been in existence for 5 years prior to
said lease, provided that such lease limit the institution's
use of the leased land to only those purposes relating to the
operation of such institution's academic or physical
educational programs without complying with the prior
provisions of this section, upon such terms as may be
mutually agreed upon, in accordance with an act concerning
"Transfer of Real Estate between Municipal Corporations",
approved July 2, 1925, as amended, with provisions that such
property is to be applied exclusively to public recreational
purposes or other public purposes and that such lease is
terminable in accordance with service of a one-year notice to
terminate after determination by the board of commissioners
and the general superintendent that such property (or part
thereof) has become essential to the corporate purposes of
the sanitary district.
(Source: P.A. 91-248, eff. 1-1-00; revised 3-9-00.)
Section 47. The Illinois Sports Facilities Authority Act
is amended by changing Section 9 as follows:
(70 ILCS 3205/9) (from Ch. 85, par. 6009)
(Text of Section before amendment by P.A. 91-935)
Sec. 9. Duties. In addition to the powers set forth
elsewhere in this Act, subject to the terms of any agreements
with the holders of the Authority's bonds or notes, the
Authority shall:
(1) Comply with all zoning, building, and land use
controls of the municipality within which it owns any
stadium facility.;
(2) Enter into a management agreement with a tenant
to operate the facility for a period at least as long as
the term of any bonds issued to finance construction of
the facility. Such agreement shall contain appropriate
and reasonable provisions with respect to termination,
default and legal remedies.;
(3) Create and maintain a financial reserve for
repair and replacement of capital assets and deposit into
this reserve not less than $1,000,000 per year beginning
at such time as the Authority and the tenant shall
agree.;
(4) Acquire a site or sites for a facility
reasonably accessible to the interested public and
capable of providing adequate spaces for automobile
parking.;
(5) In connection with prequalification of general
contractors for construction of the new stadium facility,
the Authority shall require submission of a commitment
detailing how the general contractor will expend 25% or
more of the dollar value of the general contract with one
or more minority business enterprises and 5% or more of
the dollar value with one or more female business
enterprises. This commitment may be met by contractor's
status as a minority business enterprise or female
business enterprise, by a joint venture or by
subcontracting a portion of the work with or by
purchasing materials for the work from one or more such
enterprises, or by any combination thereof. Any contract
with the general contractor for construction of the new
stadium facility shall require the general contractor to
meet the foregoing obligations and shall require monthly
reporting to the Authority with respect to the status of
the implementation of the contractor's affirmative action
plan and compliance with that plan. This report shall be
filed with the General Assembly. The Authority shall
establish and maintain an affirmative action program
designed to promote equal employment opportunity which
specifies the goals and methods for increasing
participation by minorities and women in a representative
mix of job classifications required to perform the
respective contracts. The Authority shall file a report
before March 1 of each year with the General Assembly
detailing its implementation of this paragraph. The
terms "minority business enterprise" and "female business
enterprise" shall have the same meanings as "minority
owned business" and "female owned business",
respectively, as defined provided in the Minority and
Female Business Enterprise for Minorities, Females, and
Persons with Disabilities Act.;
(6) Provide for the construction of any facility
pursuant to one or more contracts which require delivery
of a completed facility at a fixed maximum price to be
insured or guaranteed by a third party determined by the
Authority to be financially capable of causing completion
of construction of such a facility.
(Source: P.A. 85-1034; revised 8-23-99.)
(Text of Section after amendment by P.A. 91-935)
Sec. 9. Duties. In addition to the powers set forth
elsewhere in this Act, subject to the terms of any agreements
with the holders of the Authority's bonds or notes, the
Authority shall:
(1) Comply with all zoning, building, and land use
controls of the municipality within which is located any
stadium facility owned by the Authority or for which the
Authority provides financial assistance.
(2) With respect to a facility owned or to be owned
by the Authority, enter or have entered into a management
agreement with a tenant of the Authority to operate the
facility that requires the tenant to operate the facility
for a period at least as long as the term of any bonds
issued to finance the development, establishment,
construction, erection, acquisition, repair,
reconstruction, remodeling, adding to, extension,
improvement, equipping, operation, and maintenance of the
facility. Such agreement shall contain appropriate and
reasonable provisions with respect to termination,
default and legal remedies.
(3) With respect to a facility owned or to be owned
by a governmental owner other than the Authority, enter
into an assistance agreement with either a governmental
owner of a facility or its tenant, or both, that requires
the tenant, or if the tenant is not a party to the
assistance agreement requires the governmental owner to
enter into an agreement with the tenant that requires the
tenant to use the facility for a period at least as long
as the term of any bonds issued to finance the
reconstruction, renovation, remodeling, extension or
improvement of all or substantially all of the facility.
(4) Create and maintain a separate financial
reserve for repair and replacement of capital assets of
any facility owned by the Authority or for which the
Authority provides financial assistance and deposit into
this reserve not less than $1,000,000 per year for each
such facility beginning at such time as the Authority and
the tenant, or the Authority and a governmental owner of
a facility, as applicable, shall agree.
(5) In connection with prequalification of general
contractors for the construction of a new stadium
facility or the reconstruction, renovation, remodeling,
extension, or improvement of all or substantially all of
an existing facility, the Authority shall require
submission of a commitment detailing how the general
contractor will expend 25% or more of the dollar value of
the general contract with one or more minority business
enterprises and 5% or more of the dollar value with one
or more female business enterprises. This commitment may
be met by contractor's status as a minority business
enterprise or female business enterprise, by a joint
venture or by subcontracting a portion of the work with
or by purchasing materials for the work from one or more
such enterprises, or by any combination thereof. Any
contract with the general contractor for construction of
the new stadium facility and any contract for the
reconstruction, renovation, remodeling, adding to,
extension or improvement of all or substantially all of
an existing facility shall require the general contractor
to meet the foregoing obligations and shall require
monthly reporting to the Authority with respect to the
status of the implementation of the contractor's
affirmative action plan and compliance with that plan.
This report shall be filed with the General Assembly.
The Authority shall establish and maintain an
affirmative action program designed to promote equal
employment opportunity which specifies the goals and
methods for increasing participation by minorities and
women in a representative mix of job classifications
required to perform the respective contracts. The
Authority shall file a report before March 1 of each year
with the General Assembly detailing its implementation of
this paragraph. The terms "minority business enterprise"
and "female business enterprise" shall have the same
meanings as "minority owned business" and "female owned
business", respectively, as defined in the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act.
(6) Provide for the construction of any new
facility pursuant to one or more contracts which require
delivery of a completed facility at a fixed maximum price
to be insured or guaranteed by a third party determined
by the Authority to be financially capable of causing
completion of such construction of the new facility.
In connection with any assistance agreement with a
governmental owner that provides financial assistance for a
facility to be used by a National Football League team, the
assistance agreement shall provide that the Authority or its
agent shall enter into the contract or contracts for the
design and construction services or design/build services for
such facility and thereafter transfer its rights and
obligations under the contract or contracts to the
governmental owner of the facility. In seeking parties to
provide design and construction services or design/build
services with respect to such facility, the Authority may use
such procurement procedures as it may determine, including,
without limitation, the selection of design professionals and
construction managers or design/builders as may be required
by a team that is at risk, in whole or in part, for the cost
of design and construction of the facility.
An assistance agreement may not provide, directly or
indirectly, for the payment to the Chicago Park District of
more than a total of $10,000,000 on account of the District's
loss of property or revenue in connection with the renovation
of a facility pursuant to the assistance agreement.
(Source: P.A. 91-935, eff. 6-1-01.)
Section 48. The Regional Transportation Authority Act is
amended by changing Section 4.09 as follows:
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
(a) As soon as possible after the first day of each
month, beginning November 1, 1983, the Comptroller shall
order transferred and the Treasurer shall transfer from the
General Revenue Fund to a special fund in the State Treasury,
to be known as the "Public Transportation Fund" $9,375,000
for each month remaining in State fiscal year 1984. As soon
as possible after the first day of each month, beginning July
1, 1984, upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from any tax imposed by the Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the amounts deposited
into the Regional Transportation Authority tax fund created
by Section 4.03 of this Act, from the County and Mass Transit
District Fund as provided in Section 6z-20 of the State
Finance Act and 25% of the amounts deposited into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the State and Local Sales Tax Reform
Fund as provided in Section 6z-17 of the State Finance Act.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to Sections 4.03 and 4.03.1
during the previous month from within the metropolitan
region, less the amount paid out during that same month as
refunds to taxpayers for overpayment of liability in the
metropolitan region under Sections 4.03 and 4.03.1.
(b) (1) All moneys deposited in the Public
Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund,
whether deposited pursuant to this Section or otherwise,
are allocated to the Authority. Pursuant to
appropriation, the Comptroller, as soon as possible after
each monthly transfer provided in this Section and after
each deposit into the Public Transportation Fund, shall
order the Treasurer to pay to the Authority out of the
Public Transportation Fund the amount so transferred or
deposited. Such amounts paid to the Authority may be
expended by it for its purposes as provided in this Act.
Subject to appropriation to the Department of
Revenue, the Comptroller, as soon as possible after each
deposit into the Regional Transportation Authority
Occupation and Use Tax Replacement Fund provided in this
Section and Section 6z-17 of the State Finance Act, shall
order the Treasurer to pay to the Authority out of the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund the amount so deposited. Such amounts
paid to the Authority may be expended by it for its
purposes as provided in this Act.
(2) Provided, however, no moneys deposited under
subsection (a) of this Section shall be paid from the
Public Transportation Fund to the Authority or its
assignee for any fiscal year beginning after the
effective date of this amendatory Act of 1983 until the
Authority has certified to the Governor, the Comptroller,
and the Mayor of the City of Chicago that it has adopted
for that fiscal year a budget and financial plan meeting
the requirements in Section 4.01(b).
(c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to
the Authority from the General Revenue Fund under subsection
(a) of this Section. Additional State Assistance shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
1990 $5,000,000;
1991 $5,000,000;
1992 $10,000,000;
1993 $10,000,000;
1994 $20,000,000;
1995 $30,000,000;
1996 $40,000,000;
1997 $50,000,000;
1998 $55,000,000; and
each year thereafter $55,000,000.
(c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the
Additional State Assistance provided by subsection (c) and
the amounts transferred to the Authority from the General
Revenue Fund under subsection (a) of this Section.
Additional Financial Assistance provided by this subsection
shall be calculated as provided in subsection (d), but shall
in no event exceed the following specified amounts with
respect to the following State fiscal years:
2000 $0;
2001 $16,000,000;
2002 $35,000,000;
2003 $54,000,000;
2004 $73,000,000;
2005 $93,000,000; and
each year thereafter $100,000,000.
(d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State
Treasurer, separately with respect to each of subdivisions
(g)(2) and (g)(3) of Section 4.04 of this Act, the following
amounts:
(1) The amount necessary and required, during the
State fiscal year with respect to which the certification
is made, to pay its obligations for debt service on all
outstanding bonds or notes issued by the Authority under
subdivisions (g)(2) and (g)(3) of Section 4.04 of this
Act.
(2) An estimate of the amount necessary and
required to pay its obligations for debt service for any
bonds or notes which the Authority anticipates it will
issue under subdivisions (g)(2) and (g)(3) of Section
4.04 during that State fiscal year.
(3) Its debt service savings during the preceding
State fiscal year from refunding or advance refunding of
bonds or notes issued under subdivisions (g)(2) and
(g)(3) of Section 4.04.
(4) The amount of interest, if any, earned by the
Authority during the previous State fiscal year on the
proceeds of bonds or notes issued pursuant to
subdivisions (g)(2) and (g)(3) of Section 4.04, other
than refunding or advance refunding bonds or notes.
The certification shall include a specific schedule of
debt service payments, including the date and amount of each
payment for all outstanding bonds or notes and an estimated
schedule of anticipated debt service for all bonds and notes
it intends to issue, if any, during that State fiscal year,
including the estimated date and estimated amount of each
payment.
Immediately upon the issuance of bonds for which an
estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
item (2) above, to specify the actual schedule of debt
service payments, including the date and amount of each
payment, for the remainder of the State fiscal year.
On the first day of each month of the State fiscal year
in which there are bonds outstanding with respect to which
the certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
General Revenue Fund to the Public Transportation Fund the
Additional State Assistance and Additional Financial
Assistance in an amount equal to the aggregate of (i)
one-twelfth of the sum of the amounts certified under items
(1) and (3) above less the amount certified under item (4)
above, plus (ii) the amount required to pay debt service on
bonds and notes issued during the fiscal year, if any,
divided by the number of months remaining in the fiscal year
after the date of issuance, or some smaller portion as may be
necessary under subsection (c) or (c-5) of this Section for
the relevant State fiscal year, plus (iii) any cumulative
deficiencies in transfers for prior months, until an amount
equal to the sum of the amounts certified under items (1) and
(3) above, plus the actual debt service certified under item
(2) above, less the amount certified under item (4) above,
has been transferred; except that these transfers are subject
to the following limits:
(A) In no event shall the total transfers in any
State fiscal year relating to outstanding bonds and notes
issued by the Authority under subdivision (g)(2) of
Section 4.04 exceed the lesser of the annual maximum
amount specified in subsection (c) or the sum of the
amounts certified under items (1) and (3) above, plus the
actual debt service certified under item (2) above, less
the amount certified under item (4) above, with respect
to those bonds and notes.
(B) In no event shall the total transfers in any
State fiscal year relating to outstanding bonds and notes
issued by the Authority under subdivision (g)(3) of
Section 4.04 exceed the lesser of the annual maximum
amount specified in subsection (c-5) or the sum of the
amounts certified under items (1) and (3) above, plus the
actual debt service certified under item (2) above, less
the amount certified under item (4) above, with respect
to those bonds and notes.
The term "outstanding" does not include bonds or notes
for which refunding or advance refunding bonds or notes have
been issued.
(e) Neither Additional State Assistance nor Additional
Financial Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security
for any bonds issued by the Authority. The Authority may not
assign its right to receive Additional State Assistance or
Additional Financial Assistance, or direct payment of
Additional State Assistance or Additional Financial
Assistance, to a trustee or any other entity for the payment
of debt service on its bonds.
(f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification
shall be revised as may be necessary to accurately state the
debt service requirements of the Authority.
(g) Within 6 months of the end of the 3 month period
ending December 31, 1983, and each fiscal year thereafter,
the Authority shall determine whether the aggregate of all
system generated revenues for public transportation in the
metropolitan region which is provided by, or under grant or
purchase of service contracts with, the Service Boards equals
50% of the aggregate of all costs of providing such public
transportation. "System generated revenues" include all the
proceeds of fares and charges for services provided,
contributions received in connection with public
transportation from units of local government other than the
Authority and from the State pursuant to subsection (i) of
Section 2705-305 of the Department of Transportation Law (20
ILCS 2705/2705-305), and all other revenues properly included
consistent with generally accepted accounting principles but
may not include the proceeds from any borrowing. "Costs"
include all items properly included as operating costs
consistent with generally accepted accounting principles,
including administrative costs, but do not include:
depreciation; payment of principal and interest on bonds,
notes or other evidences of obligations for borrowed money of
the Authority; payments with respect to public transportation
facilities made pursuant to subsection (b) of Section 2.20;
any payments with respect to rate protection contracts,
credit enhancements or liquidity agreements made under
Section 4.14; any other cost as to which it is reasonably
expected that a cash expenditure will not be made; costs up
to $5,000,000 annually for passenger security including
grants, contracts, personnel, equipment and administrative
expenses, except in the case of the Chicago Transit
Authority, in which case the term does not include costs
spent annually by that entity for protection against crime as
required by Section 27a of the Metropolitan Transit Authority
Act; or costs as exempted by the Board for projects pursuant
to Section 2.09 of this Act. If said system generated
revenues are less than 50% of said costs, the Board shall
remit an amount equal to the amount of the deficit to the
State. The Treasurer shall deposit any such payment in the
General Revenue Fund.
(h) If the Authority makes any payment to the State
under paragraph (g), the Authority shall reduce the amount
provided to a Service Board from funds transferred under
paragraph (a) in proportion to the amount by which that
Service Board failed to meet its required system generated
revenues recovery ratio. A Service Board which is affected by
a reduction in funds under this paragraph shall submit to the
Authority concurrently with its next due quarterly report a
revised budget incorporating the reduction in funds. The
revised budget must meet the criteria specified in clauses
(i) through (vi) of Section 4.11(b)(2). The Board shall
review and act on the revised budget as provided in Section
4.11(b)(3).
(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99;
91-239, eff. 1-1-00; 91-357, eff. 7-29-99; revised 8-9-99.)
Section 49. The School Code is amended by setting forth
and renumbering multiple versions of Sections 2-3.126,
10-20.31, and 34-18.18 and changing Sections 14-8.05,
18-8.05, 21-2, 27A-4, 27A-9, 27A-11.5, and 34-8.3 as follows:
(105 ILCS 5/2-3.126)
(Section scheduled to be repealed on July 16, 2003)
Sec. 2-3.126. State Board of Education Fund. The State
Board of Education Fund is created as a special fund in the
State treasury. Unless specifically directed to be deposited
into any other funds or into the General Revenue Fund, all
moneys received by the State Board of Education in connection
with any fees, registration amounts, or other moneys
collected by the State Board of Education for various
purposes shall be deposited into this Fund. Moneys in this
Fund shall be used, subject to appropriation by the General
Assembly, by the State Board of Education for expenses
incurred in administering programs, initiatives, and
activities implemented or supported by the State Board of
Education as authorized by statute or rule. The State Board
of Education may expend moneys in this Fund in such amounts
and at such times as it deems necessary or desirable,
including for payment of administrative costs, staff
services, and costs for other lawful purposes. Moneys in
this Fund shall be used together with and supplemental to
regular appropriations to the State Board of Education for
any purpose, and nothing in this Section shall be construed
to prohibit appropriations from the General Revenue Fund for
expenses incurred in the administration of programs,
initiatives, or activities implemented or supported by the
State Board of Education. This Section is repealed 4 years
after the effective date of this amendatory Act of the 91st
General Assembly.
(Source: P.A. 91-143, eff. 7-16-99.)
(105 ILCS 5/2-3.128)
Sec. 2-3.128. 2-3.126. Job training program; prohibition.
The State Board of Education shall not require a school
district or a student of any district to participate in any
school-to-work or job training program.
(Source: P.A. 91-175, eff. 1-1-00; revised 11-8-99.)
(105 ILCS 5/2-3.129)
Sec. 2-3.129. 2-3.126. School safety assessment audit.
The State Board of Education shall, in cooperation with the
Task Force on School Safety and utilizing any of its manuals
or resource guides, develop uniform criteria to be
implemented in school safety plans. Using these criteria,
the State Board of Education shall develop a school safety
assessment audit, which shall be distributed to all public
schools.
(Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
(105 ILCS 5/2-3.130)
Sec. 2-3.130. 2-3.126. Time out and physical restraint
rules. The State Board of Education shall promulgate rules
governing the use of time out and physical restraint in the
public schools. The rules shall include provisions governing
recordkeeping that is required when physical restraint or
more restrictive forms of time out are used.
(Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
(105 ILCS 5/10-20.31)
Sec. 10-20.31. Occupational standards. A school board
shall not require a student to meet occupational standards
for grade level promotion or graduation unless that student
is voluntarily enrolled in a job training program.
(Source: P.A. 91-175, eff. 1-1-00.)
(105 ILCS 5/10-20.32)
Sec. 10-20.32. 10-20.31. School safety assessment audit;
safety plan. The school board shall require schools, subject
to the award of a grant by the State Board of Education, to
complete a school safety assessment audit, as developed by
the State Board of Education pursuant to Section 2-3.129,
2-3.126, and to develop a written safety plan or revise their
current safety plan to implement the criteria developed by
the State Board of Education, in cooperation with the Task
Force on School Safety, as specified in the school safety
assessment audit. The plan shall be subject to approval by
the school board. Once approved, the school shall file the
plan with the State Board of Education and the regional
superintendent of schools. The State Board of Education shall
provide, subject to appropriation, grants for the purposes of
this Section.
(Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
(105 ILCS 5/10-20.33)
Sec. 10-20.33. 10-20.31. Time out and physical restraint.
Until rules are adopted under Section 2-3.130 2-3.126 of this
Code, the use of any of the following rooms or enclosures for
time out purposes is prohibited:
(1) a locked room other than one with a locking
mechanism that engages only when a key or handle is being
held by a person;
(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
observed; or
(4) any other room or enclosure or time out
procedure that is contrary to current guidelines of the
State Board of Education.
The use of physical restraints is prohibited except when
(i) the student poses a physical risk to himself, herself, or
others, (ii) there is no medical contraindication to its use,
and (iii) the staff applying the restraint have been trained
in its safe application. For the purposes of this Section,
"restraint" does not include momentary periods of physical
restriction by direct person-to-person contact, without the
aid of material or mechanical devices, accomplished with
limited force and that are designed (i) to prevent a student
from completing an act that would result in potential
physical harm to himself, herself, or another or damage to
property or (ii) to remove a disruptive student who is
unwilling to voluntarily leave the area. The use of physical
restraints that meet the requirements of this Section may be
included in a student's individualized education plan where
deemed appropriate by the student's individualized education
plan team. Whenever physical restraints are used, school
personnel shall fully document the incident, including the
events leading up to the incident, the type of restraint
used, the length of time the student is restrained, and the
staff involved. The parents or guardian of a student shall
be informed whenever physical restraints are used.
(Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
(105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
Sec. 14-8.05. Behavioral intervention.
(a) The General Assembly finds and declares that
principals and teachers of students with disabilities require
training and guidance that provide ways for working
successfully with children who have difficulties conforming
to acceptable behavioral patterns in order to provide an
environment in which learning can occur. It is the intent of
the General Assembly:
(1) That when behavioral interventions are used,
they be used in consideration of the pupil's physical
freedom and social interaction, and be administered in a
manner that respects human dignity and personal privacy
and that ensures a pupil's right to placement in the
least restrictive educational environment.
(2) That behavioral management plans be developed
and used, to the extent possible, in a consistent manner
when a local educational agency has placed the pupil in a
day or residential setting for education purposes.
(3) That a statewide study be conducted of the use
of behavioral interventions with students with
disabilities receiving special education and related
services.
(4) That training programs be developed and
implemented in institutions of higher education that
train teachers, and that in-service training programs be
made available as necessary in school districts, in
educational service centers, and by regional
superintendents of schools to assure that adequately
trained staff are available to work effectively with the
behavioral intervention needs of students with
disabilities.
(b) On or before September 30, 1993, the State
Superintendent of Education shall conduct a statewide study
of the use of behavioral interventions with students with
disabilities receiving special education and related
services. The study shall include, but not necessarily be
limited to identification of the frequency in the use of
behavioral interventions; the number of districts with
policies in place for working with children exhibiting
continuous serious behavioral problems; how policies, rules,
or regulations within districts differ between emergency and
routine behavioral interventions commonly practiced; the
nature and extent of costs for training provided to personnel
for implementing a program of nonaversive behavioral
interventions; and the nature and extent of costs for
training provided to parents of students with disabilities
who would be receiving behavioral interventions. The scope
of the study shall be developed by the State Board of
Education, in consultation with individuals and groups
representing parents, teachers, administrators, and
advocates. On or before June 30, 1994, the State Board of
Education shall issue guidelines based on the study's
findings. The guidelines shall address, but not be limited
to, the following: (i) appropriate behavioral interventions,
and (ii) how to properly document the need for and use of
behavioral interventions in the process of developing
individualized education plans for students with
disabilities. The guidelines shall be used as a reference to
assist school boards in developing local policies and
procedures in accordance with this Section. The State Board
of Education, with the advice of parents of students with
disabilities and other parents, teachers, administrators,
advocates for persons with disabilities, and individuals with
knowledge or expertise in the development and implementation
of behavioral interventions for persons with disabilities,
shall review its behavioral intervention guidelines at least
once every 3 years to determine their continuing
appropriateness and effectiveness and shall make such
modifications in the guidelines as it deems necessary.
(c) Each school board must establish and maintain a
committee to develop policies and procedures on the use of
behavioral interventions for students with disabilities who
require behavioral intervention. The policies and procedures
shall be adopted and implemented by school boards by January
1, 1996, shall be amended as necessary to comply with the
rules established by the State Board of Education under
Section 2-3.130 2-3.126 of this Code not later than one month
after commencement of the school year after the State Board
of Education's rules are adopted, and shall: (i) be developed
with the advice of parents with students with disabilities
and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or
expertise in the development and implementation of behavioral
interventions for persons with disabilities; (ii) emphasize
positive interventions that are designed to develop and
strengthen desirable behaviors; (iii) incorporate procedures
and methods consistent with generally accepted practice in
the field of behavioral intervention; (iv) include criteria
for determining when a student with disabilities may require
a behavioral intervention plan; (v) reflect that the
guidelines of the State Board of Education have been reviewed
and considered and provide the address of the State Board of
Education so that copies of the State Board of Education
behavioral guidelines may be requested; and (vi) include
procedures for monitoring the use of restrictive behavioral
interventions. Each school board shall (i) furnish a copy of
its local policies and procedures to parents and guardians of
all students with individualized education plans within 15
days after the policies and procedures have been adopted by
the school board, or within 15 days after the school board
has amended its policies and procedures, or at the time an
individualized education plan is first implemented for the
student, and (ii) require that each school inform its
students of the existence of the policies and procedures
annually. Provided, at the annual individualized education
plan review, the school board shall (1) explain the local
policies and procedures, (2) furnish a copy of the local
policies to parents and guardians, and (3) make available,
upon request of any parents and guardians, a copy of local
procedures.
(d) The State Superintendent of Education shall consult
with representatives of institutions of higher education and
the State Teacher Certification Board in regard to the
current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral
interventions consistent with professionally accepted
practices and standards for people entering the field of
education.
(Source: P.A. 90-63, eff. 7-3-97; 91-600, eff. 8-14-99;
revised 11-8-99.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) 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.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) 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.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), 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.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of
Average Daily Attendance and derived as provided pursuant
to subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except Bond and
Interest, Summer School, Rent, Capital Improvement, and
Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.05%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(5) The amount of general State aid allocated to a
school district for the 1999-2000 school year meeting the
requirements set forth in paragraph (4) of subsection (G)
shall be increased by an amount equal to the general State
aid that would have been received by the district for the
1998-1999 school year by utilizing the Extension Limitation
Equalized Assessed Valuation as calculated in paragraph (4)
of subsection (G) less the general State aid allotted for the
1998-1999 school year. This amount shall be deemed a one
time increase, and shall not affect any future general State
aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that 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.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) A session of not less than one clock hour of
teaching 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.
(f) 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.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 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.
(h) 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 one day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the 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.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), 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 (i) the applicable tax rate used in extending
taxes for the funds of the district as of September 30 of the
previous year and (ii) the limiting rate for all school
districts subject to property tax extension limitations as
imposed under the Property Tax Extension Limitation Law.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) 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 as part of the
equalized assessed valuation of 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 the
equalized assessed valuation of 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.
(b) The real property equalized assessed valuation
for a school district shall be adjusted 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 3.00%
for a district maintaining grades kindergarten through
12, by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.05% for a district
maintaining grades 9 through 12 and adjusted by 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 same percentage rates for district type
as specified in this subparagraph (b).
(3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following
terms shall have the following meanings:
"Budget Year": The school year for which general
State aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State
aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": The product of the
equalized assessed valuation utilized by the County Clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the County Clerk and defined in the
Property Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the
Operating Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.
"Operating Tax Rate": The operating tax rate as
defined in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, and if the Available Local Resources of that
school district as calculated pursuant to subsection (D)
using the Base Tax Year are less than the product of 1.75
times the Foundation Level for the Budget Year, the State
Board of Education shall calculate the Extension Limitation
Equalized Assessed Valuation of that district. For the
1999-2000 school year, the Extension Limitation Equalized
Assessed Valuation of a school district as calculated by the
State Board of Education shall be equal to the product of the
district's 1996 Equalized Assessed Valuation and the
district's Extension Limitation Ratio. For the 2000-2001
school year and each school year thereafter, the Extension
Limitation Equalized Assessed Valuation of a school district
as calculated by the State Board of Education shall be equal
to the product of the last calculated Extension Limitation
Equalized Assessed Valuation and the district's Extension
Limitation Ratio. If the Extension Limitation Equalized
Assessed Valuation of a school district as calculated under
this subsection (G)(3) is less than the district's equalized
assessed valuation as calculated pursuant to subsections
(G)(1) and (G)(2), then for purposes of calculating the
district's general State aid for the Budget Year pursuant to
subsection (E), that Extension Limitation Equalized Assessed
Valuation shall be utilized to calculate the district's
Available Local Resources under subsection (D).
(4) For the purposes of calculating general State aid
for the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized
assessed valuation used in calculating its general State
financial aid apportionment for the 1998-1999 school year,
the State Board of Education shall calculate the Extension
Limitation Equalized Assessed Valuation that would have been
used to calculate the district's 1998-1999 general State aid.
This amount shall equal the product of the equalized assessed
valuation used to calculate general State aid for the
1997-1998 school year and the district's Extension Limitation
Ratio. If the Extension Limitation Equalized Assessed
Valuation of the school district as calculated under this
paragraph (4) is less than the district's equalized assessed
valuation utilized in calculating the district's 1998-1999
general State aid allocation, then for purposes of
calculating the district's general State aid pursuant to
paragraph (5) of subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate
the district's Available Local Resources.
(5) For school districts having a majority of their
equalized assessed valuation in any county except Cook,
DuPage, Kane, Lake, McHenry, or Will, if the amount of
general State aid allocated to the school district for the
1999-2000 school year under the provisions of subsection (E),
(H), and (J) of this Section is less than the amount of
general State aid allocated to the district for the 1998-1999
school year under these subsections, then the general State
aid of the district for the 1999-2000 school year only shall
be increased by the difference between these amounts. The
total payments made under this paragraph (5) shall not exceed
$14,000,000. Claims shall be prorated if they exceed
$14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district. If, however, the
percentage decrease from the 2 most recent federal censuses
in the low-income eligible pupil count of a high school
district with fewer than 400 students exceeds by 75% or more
the percentage change in the total low-income eligible pupil
count of contiguous elementary school districts, whose
boundaries are coterminous with the high school district, the
high school district's low-income eligible pupil count from
the earlier federal census shall be the number used as the
low-income eligible pupil count for the high school district,
for purposes of this subsection (H).
(2) Supplemental general State aid pursuant to this
subsection shall be provided as follows:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d)
immediately above shall be increased to $1,243, $1,600,
and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
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 this grant of supplemental general State aid 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.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts 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.
(b) The distribution of these portions of
supplemental and 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, and 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.
(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 general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection 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.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by 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. Funds provided shall
not be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) 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 that 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
subsection, 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 the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of 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. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(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
the general State aid and supplemental general 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 4 years of existence of the new
district.
(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 general
State aid and supplemental general 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 4 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 general State aid and supplemental
general 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 general State aid and
supplemental general 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
general State aid and supplemental general 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 4 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.
(3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-98 school year,
pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a
supplementary payment made under this subsection (J), the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that
the district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation
made for purposes of this subsection (J), a supplementary
payment that is equal to the amount of the difference in the
aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
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 of schools, 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 (K) 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. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
established by the regional superintendents of schools of the
affected educational service regions. An alternative school
serving more than one educational service region may be
operated under such terms as the regional superintendents of
schools of those educational service regions may agree.
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 general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
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 general 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.
(2) (Blank).
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99;
revised 8-27-99.)
(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. Grades of certificates.
(a) Until February 15, 2000, all certificates issued
under this Article shall be State certificates valid, except
as limited in Section 21-1, in every school district coming
under the provisions of this Act and shall be limited in time
and designated as follows: Provisional vocational
certificate, temporary provisional vocational certificate,
early childhood certificate, elementary school certificate,
special certificate, high school certificate, school service
personnel certificate, administrative certificate,
provisional certificate, and substitute certificate. The
requirement of student teaching under close and competent
supervision for obtaining a teaching certificate may be
waived by the State Teacher Certification Board upon
presentation to the Board by the teacher of evidence of 5
years successful teaching experience on a valid certificate
and graduation from a recognized institution of higher
learning with a bachelor's degree with not less than 120
semester hours and a minimum of 16 semester hours in
professional education.
(b) Initial Teaching Certificate. Beginning February
15, 2000, persons who (1) have completed an approved teacher
preparation program, (2) are recommended by an approved
teacher preparation program, (3) have successfully completed
the Initial Teaching Certification examinations required by
the State Board of Education, and (4) have met all other
criteria established by the State Board of Education in
consultation with the State Teacher Certification Board,
shall be issued an Initial Teaching Certificate valid for 4
years of teaching, as defined in Section 21-14 of this Code.
Initial Teaching Certificates shall be issued for categories
corresponding to Early Childhood, Elementary, Secondary, and
Special K-12, with special certification designations for
Special Education, Bilingual Education, fundamental learning
areas (including Language Arts, Reading, Mathematics,
Science, Social Science, Physical Development and Health,
Fine Arts, and Foreign Language), and other areas designated
by the State Board of Education, in consultation with the
State Teacher Certification Board.
(c) Standard Certificate. Beginning February 15, 2000,
persons who (1) have completed 4 years of teaching, as
defined in Section 21-14 of this Code, with an Initial
Certificate or an Initial Alternative Teaching Certificate
and have met all other criteria established by the State
Board of Education in consultation with the State Teacher
Certification Board, (2) have completed 4 years of teaching
on a valid equivalent certificate in another State or
territory of the United States, or have completed 4 years of
teaching in a nonpublic Illinois elementary or secondary
school with an Initial Certificate or an Initial Alternative
Teaching Certificate, and have met all other criteria
established by the State Board of Education, in consultation
with the State Teacher Certification Board, or (3) were
issued teaching certificates prior to February 15, 2000 and
are renewing those certificates after February 15, 2000,
shall be issued a Standard Certificate valid for 5 years,
which may be renewed thereafter every 5 years by the State
Teacher Certification Board based on proof of continuing
education or professional development. Beginning July 1,
2003, persons who have completed 4 years of teaching, as
described in clauses (1) and (2) of this subsection (c), have
successfully completed the Standard Teaching Certificate
Examinations, and have met all other criteria established by
the State Board of Education, in consultation with the State
Teacher Certification Board, shall be issued Standard
Certificates. Standard Certificates shall be issued for
categories corresponding to Early Childhood, Elementary,
Secondary, and Special K-12, with special certification
designations for Special Education, Bilingual Education,
fundamental learning areas (including Language Arts, Reading,
Mathematics, Science, Social Science, Physical Development
and Health, Fine Arts, and Foreign Language), and other areas
designated by the State Board of Education, in consultation
with the State Teacher Certification Board.
(d) Master Certificate. Beginning February 15, 2000,
persons who have successfully achieved National Board
certification through the National Board for Professional
Teaching Standards shall be issued a Master Certificate,
valid for 10 years and renewable thereafter every 10 years
through compliance with requirements set forth by the State
Board of Education, in consultation with the State Teacher
Certification Board. However, each teacher who holds a Master
Certificate shall be eligible for a teaching position in this
State in the areas for which he or she holds a Master
Certificate without satisfying any other requirements of this
Code, except for those requirements pertaining to criminal
background checks. A teacher who holds a Master Certificate
shall be deemed to meet State certification renewal
requirements in the area or areas for which he or she holds a
Master Certificate for the 10-year term of the teacher's
Master Certificate.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98;
90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff.
8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.)
(105 ILCS 5/27A-4)
Sec. 27A-4. General Provisions.
(a) The General Assembly does not intend to alter or
amend the provisions of any court-ordered desegregation plan
in effect for any school district. A charter school shall be
subject to all federal and State laws and constitutional
provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin,
religion, ancestry, marital status, or need for special
education services.
(b) The total number of charter schools operating under
this Article at any one time shall not exceed 45. Not more
than 15 charter schools shall operate at any one time in any
city having a population exceeding 500,000; not more than 15
charter schools shall operate at any one time in the counties
of DuPage, Kane, Lake, McHenry, Will, and that portion of
Cook County that is located outside a city having a
population exceeding 500,000, with not more than one charter
school that has been initiated by a board of education, or by
an intergovernmental agreement between or among boards of
education, operating at any one time in the school district
where the charter school is located; and not more than 15
charter schools shall operate at any one time in the
remainder of the State, with not more than one charter school
that has been initiated by a board of education, or by an
intergovernmental agreement between or among boards of
education, operating at any one time in the school district
where the charter school is located.
For purposes of implementing this Section, the State
Board shall assign a number to each charter submission it
receives under Section 27A-6 for its review and
certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly
notify local school boards when the maximum numbers of
certified charter schools authorized to operate have been
reached.
(c) No charter shall be granted under this Article that
would convert any existing private, parochial, or non-public
school to a charter school.
(d) Enrollment in a charter school shall be open to any
pupil who resides within the geographic boundaries of the
area served by the local school board.
(e) Nothing in this Article shall prevent 2 or more
local school boards from jointly issuing a charter to a
single shared charter school, provided that all of the
provisions of this Article are met as to those local school
boards.
(f) No local school board shall require any employee of
the school district to be employed in a charter school.
(g) No local school board shall require any pupil
residing within the geographic boundary of its district to
enroll in a charter school.
(h) If there are more eligible applicants for enrollment
in a charter school than there are spaces available,
successful applicants shall be selected by lottery. However,
priority shall be given to siblings of pupils enrolled in the
charter school and to pupils who were enrolled in the charter
school the previous school year, unless expelled for cause.
Dual enrollment at both a charter school and a public school
or non-public school shall not be allowed. A pupil who is
suspended or expelled from a charter school shall be deemed
to be suspended or expelled from the public schools of the
school district in which the pupil resides.
(i) (Blank).
(Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99;
91-407, eff. 8-3-99; revised 8-27-99.)
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) A charter may be granted for a period not less than
5 and not more than 10 school years. A charter may be
renewed in incremental periods not to exceed 5 school years.
(b) A charter school renewal proposal submitted to the
local school board or State Board, as the chartering entity,
shall contain:
(1) A report on the progress of the charter school
in achieving the goals, objectives, pupil performance
standards, content standards, and other terms of the
initial approved charter proposal; and
(2) A financial statement that discloses the costs
of administration, instruction, and other spending
categories for the charter school that is understandable
to the general public and that will allow comparison of
those costs to other schools or other comparable
organizations, in a format required by the State Board.
(c) A charter may be revoked or not renewed if the local
school board or State Board, as the chartering entity,
clearly demonstrates that the charter school did any of the
following, or otherwise failed to comply with the
requirements of this law:
(1) Committed a material violation of any of the
conditions, standards, or procedures set forth in the
charter.
(2) Failed to meet or make reasonable progress
toward achievement of the content standards or pupil
performance standards identified in the charter.
(3) Failed to meet generally accepted standards of
fiscal management.
(4) Violated any provision of law from which the
charter school was not exempted.
(d) (Blank).
(e) Notice of a local school board's decision to deny,
revoke or not to renew a charter shall be provided to the
State Board. The State Board may reverse a local board's
decision if the State Board finds that the charter school or
charter school proposal (i) is in compliance with this
Article, and (ii) is in the best interests of the students it
is designed to serve. The State Board may condition the
granting of an appeal on the acceptance by the charter school
of funding in an amount less than that requested in the
proposal submitted to the local school board. Final decisions
of the State Board shall be subject to judicial review under
the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if
the State Board on appeal reverses a local board's decision
or if a charter school is approved by referendum, the State
Board shall act as the authorized chartering entity for the
charter school. The State Board shall approve and certify
the charter and shall perform all functions under this
Article otherwise performed by the local school board. The
State Board shall report the aggregate number of charter
school pupils resident in a school district to that district
and shall notify the district of the amount of funding to be
paid by the State Board to the charter school enrolling such
students. The State Board shall require the charter school to
maintain accurate records of daily attendance that shall be
deemed sufficient to file claims under Section 18-8.05
notwithstanding any other requirements of that Section
regarding hours of instruction and teacher certification. The
State Board shall withhold from funds otherwise due the
district the funds authorized by this Article to be paid to
the charter school and shall pay such amounts to the charter
school.
(Source: P.A. 90-548, eff. 1-1-98; 91-96, eff. 7-9-99;
91-407, eff. 8-3-99; revised 10-7-99.)
(105 ILCS 5/27A-11.5)
Sec. 27A-11.5. State financing. The State Board of
Education shall make the following funds available to school
districts and charter schools:
(1) From a separate appropriation made to the State
Board for purposes of this subdivision (1), the State
Board shall make transition impact aid available to
school districts that approve a new charter school or
that have funds withheld by the State Board to fund a new
charter school that is chartered by the State Board. The
amount of the aid shall equal 90% of the per capita
funding paid to the charter school during the first year
of its initial charter term, 65% of the per capita
funding paid to the charter school during the second year
of its initial term, and 35% of the per capita funding
paid to the charter school during the third year of its
initial term. This transition impact aid shall be paid
to the local school board in equal quarterly
installments, with the payment of the installment for the
first quarter being made by August 1st immediately
preceding the first, second, and third years of the
initial term. The district shall file an application for
this aid with the State Board in a format designated by
the State Board. If the appropriation is insufficient in
any year to pay all approved claims, the impact aid shall
be prorated. Transition impact aid shall be paid
beginning in the 1999-2000 school year for charter
schools that are in the first, second, or third year of
their initial term. If House Bill 230 of the 91st
General Assembly becomes law, Transition impact aid shall
not be paid for any charter school that is proposed and
created by one or more boards of education, as authorized
under the provisions of Public Act 91-405 House Bill 230
of the 91st General Assembly.
(2) From a separate appropriation made for the
purpose of this subdivision (2), the State Board shall
make grants to charter schools to pay their start-up
costs of acquiring educational materials and supplies,
textbooks, furniture, and other equipment needed during
their initial term. The State Board shall annually
establish the time and manner of application for these
grants, which shall not exceed $250 per student enrolled
in the charter school.
(3) The Charter Schools Revolving Loan Fund is
created as a special fund in the State treasury. Federal
funds, such other funds as may be made available for
costs associated with the establishment of charter
schools in Illinois, and amounts repaid by charter
schools that have received a loan from the Charter
Schools Revolving Loan Fund shall be deposited into the
Charter Schools Revolving Loan Fund, and the moneys in
the Charter Schools Revolving Loan Fund shall be
appropriated to the State Board and used to provide
interest-free loans to charter schools. These funds
shall be used to pay start-up costs of acquiring
educational materials and supplies, textbooks, furniture,
and other equipment needed in the initial term of the
charter school and for acquiring and remodeling a
suitable physical plant, within the initial term of the
charter school. Loans shall be limited to one loan per
charter school and shall not exceed $250 per student
enrolled in the charter school. A loan shall be repaid
by the end of the initial term of the charter school.
The State Board may deduct amounts necessary to repay the
loan from funds due to the charter school or may require
that the local school board that authorized the charter
school deduct such amounts from funds due the charter
school and remit these amounts to the State Board,
provided that the local school board shall not be
responsible for repayment of the loan. The State Board
may use up to 3% of the appropriation to contract with a
non-profit entity to administer the loan program.
(4) A charter school may apply for and receive,
subject to the same restrictions applicable to school
districts, any grant administered by the State Board that
is available for school districts.
(Source: P.A. 91-407, eff. 8-3-99; revised 8-4-99.)
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance
centers.
(a) The general superintendent shall monitor the
performance of the attendance centers within the district and
shall identify attendance centers, pursuant to criteria that
the board shall establish, in which:
(1) there is a failure to develop, implement, or
comply with a school improvement plan;
(2) there is a pervasive breakdown in the
educational program as indicated by factors, including,
but not limited to, the absence of improvement in student
reading and math achievement scores, an increased
drop-out rate, a decreased graduation rate, and a
decrease in rate of student attendance;
(3) (blank); or
(4) there is a failure or refusal to comply with
the provisions of this Act, other applicable laws,
collective bargaining agreements, court orders, or with
Board rules which the Board is authorized to promulgate.
(b) If the general superintendent identifies a
nonperforming school as described herein, he or she shall
place the attendance center on remediation by developing a
remediation plan for the center. The purpose of the
remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the
following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding
for training for the local school council;
(3) directing implementation of a school
improvement plan;
(4) mediating disputes or other obstacles to reform
or improvement at the attendance center.
If, however, the general superintendent determines that
the problems are not able to be remediated by these methods,
the general superintendent shall place the attendance center
on probation. The board shall establish guidelines that
determine the factors for placing an attendance center on
probation.
(c) Each school placed on probation shall have a school
improvement plan and school budget for correcting
deficiencies identified by the board. The plan shall include
specific steps that the local school council and school staff
must take to correct identified deficiencies and specific
objective criteria by which the school's subsequent progress
will be determined. The school budget shall include specific
expenditures directly calculated to correct educational and
operational deficiencies identified at the school by the
probation team.
(d) Schools placed on probation that, after a maximum of
one year, fail to make adequate progress in correcting
deficiencies are subject to the following action by the
general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
provisions of Section 24A-5.
(4) Reconstitution of the attendance center and
replacement and reassignment by the general
superintendent of all employees of the attendance center.
(5) Intervention under Section 34-8.4.
(6) Closing of the school.
(e) Schools placed on probation shall remain on
probation from year to year until deficiencies are corrected,
even if such schools make acceptable annual progress. The
board shall establish, in writing, criteria for determining
whether or not a school shall remain on probation. If
academic achievement tests are used as the factor for placing
a school on probation, the general superintendent shall
consider objective criteria, not just an increase in test
scores, in deciding whether or not a school shall remain on
probation. These criteria shall include attendance, test
scores, student mobility rates, poverty rates, bilingual
education eligibility, special education, and English
language proficiency programs, with progress made in these
areas being taken into consideration in deciding whether or
not a school shall remain on probation.
(f) Where the board has reason to believe that
violations of civil rights, or of civil or criminal law have
occurred, or when the general superintendent deems that the
school is in educational crisis it may take immediate
corrective action, including the actions specified in this
Section, without first placing the school on remediation or
probation. Nothing described herein shall limit the
authority of the board as provided by any law of this State.
The board shall develop criteria governing the determination
regarding when a school is in educational crisis.
(g) All persons serving as subdistrict superintendent on
May 1, 1995 shall be deemed by operation of law to be serving
under a performance contract which expires on June 30, 1995,
and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board
shall have no obligation to compensate any such person as a
subdistrict superintendent after June 30, 1995.
(h) The general superintendent shall, in consultation
with local school councils, conduct an annual evaluation of
each principal in the district pursuant to guidelines
promulgated by the Board of Education.
(Source: P.A. 91-219, eff. 1-1-00; 91-622, eff. 8-19-99;
revised 10-13-99.)
(105 ILCS 5/34-18.18)
Sec. 34-18.18. Occupational standards. The Board shall
not require a student to meet occupational standards for
grade level promotion or graduation unless that student is
voluntarily enrolled in a job training program.
(Source: P.A. 91-175, eff. 1-1-00.)
(105 ILCS 5/34-18.19)
Sec. 34-18.19. 34-18.18. School safety assessment audit;
safety plan. The board of education shall require schools,
subject to the award of a grant by the State Board of
Education, to complete a school safety assessment audit, as
developed by the State Board of Education pursuant to Section
2-3.129, 2-3.126, and to develop a written safety plan or
revise their current safety plan to implement the criteria
developed by the State Board of Education, in cooperation
with the Task Force on School Safety, as specified in the
school safety assessment audit. The plan shall be subject to
approval by the board of education. Once approved, the
school shall file the plan with the State Board of Education
and the regional superintendent of schools. The State Board
of Education shall provide, subject to appropriation, grants
for the purposes of this Section.
(Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
(105 ILCS 5/34-18.20)
Sec. 34-18.20. 34-18.18. Time out and physical
restraint. Until rules are adopted under Section 2-3.130
2-3.126 of this Code, the use of any of the following rooms
or enclosures for time out purposes is prohibited:
(1) a locked room other than one with a locking
mechanism that engages only when a key or handle is being
held by a person;
(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
observed; or
(4) any other room or enclosure or time out
procedure that is contrary to current guidelines of the
State Board of Education.
The use of physical restraints is prohibited except when
(i) the student poses a physical risk to himself, herself, or
others, (ii) there is no medical contraindication to its use,
and (iii) the staff applying the restraint have been trained
in its safe application. For the purposes of this Section,
"restraint" does not include momentary periods of physical
restriction by direct person-to-person contact, without the
aid of material or mechanical devices, accomplished with
limited force and that are designed (i) to prevent a student
from completing an act that would result in potential
physical harm to himself, herself, or another or damage to
property or (ii) to remove a disruptive student who is
unwilling to voluntarily leave the area. The use of physical
restraints that meet the requirements of this Section may be
included in a student's individualized education plan where
deemed appropriate by the student's individualized education
plan team. Whenever physical restraints are used, school
personnel shall fully document the incident, including the
events leading up to the incident, the type of restraint
used, the length of time the student is restrained, and the
staff involved. The parents or guardian of a student shall
be informed whenever physical restraints are used.
(Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
Section 49.5. The School Breakfast and Lunch Program Act
is amended by changing Section 8 as follows:
(105 ILCS 125/8) (from Ch. 122, par. 712.8)
Sec. 8. Filing and forwarding claims for reimbursement.
School boards and welfare centers shall file claims for
reimbursement, on forms provided by the State Board of
Education, on a monthly basis as prescribed by the State
Board of Education.
(Source: P.A. 91-764, eff. 6-9-00; 91-843, eff. 6-22-00;
revised 7-13-00.)
Section 50. The Campus Security Act is amended by
changing Section 15 as follows:
(110 ILCS 12/15)
Sec. 15. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual
person, including the name, age, address, and photograph,
when and if available.
(2) Information detailing any charges relating to
the arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the amount
of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be
made available to the news media for inspection and copying
as soon as practicable, but in no event shall the time period
exceed 72 hours from the arrest. The information described
in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
subsection (a), however, may be withheld if it is determined
that disclosure would:
(1) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other
person; or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(d) Each law enforcement or correctional agency may
charge fees for arrest records, but in no instance may the
fee exceed the actual cost of copying and reproduction. The
fees may not include the cost of the labor used to reproduce
the arrest record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
Section 50.1. The University of Illinois Trustees Act is
amended by changing Section 1 as follows:
(110 ILCS 310/1) (from Ch. 144, par. 41)
Sec. 1. The Board of Trustees of the University of
Illinois shall consist of the Governor and at least 12
trustees. Nine trustees shall be appointed by the Governor,
by and with the advice and consent of the Senate. The other
trustees shall be students, of whom one student shall be
selected from each University campus.
Each student trustee shall serve a term of one year,
beginning on July 1 or on the date of his or her selection,
whichever is later, and expiring on the next succeeding June
30.
Each trustee shall have all of the privileges of
membership, except that only one student trustee shall have
the right to cast a legally binding vote. The Governor shall
designate which one of the student trustees shall possess,
for his or her entire term, the right to cast a legally
binding vote. Each student trustee who does not possess the
right to cast a legally binding vote shall have the right to
cast an advisory vote and the right to make and second
motions and to attend executive sessions.
Each trustee shall be governed by the same conflict of
interest standards. Pursuant to those standards, it shall
not be a conflict of interest for a student trustee to vote
on matters pertaining to students generally, such as tuition
and fees. However, it shall be a conflict of interest for a
student trustee to vote on faculty member tenure or
promotion. Student trustees shall be chosen by campus-wide
student election, and the student trustee designated by the
Governor to possess a legally binding vote shall be one of
the students selected by this method. A student trustee who
does not possess a legally binding vote on a measure at a
meeting of the Board or any of its committees shall not be
considered a trustee for the purpose of determining whether a
quorum is present at the time that measure is voted upon.
To be eligible for selection as a student trustee and to be
eligible to remain as a voting or nonvoting student trustee,
a student trustee must be a resident of this State, must have
and maintain a grade point average that is equivalent to at
least 2.5 on a 4.0 scale, and must be a full time student
enrolled at all times during his or her term of office except
for that part of the term which follows the completion of
the last full regular semester of an academic year and
precedes the first full regular semester of the succeeding
academic year at the University (sometimes commonly referred
to as the summer session or summer school). If a voting or
nonvoting student trustee fails to continue to meet or
maintain the residency, minimum grade point average, or
enrollment requirement established by this Section, his or
her membership on the Board shall be deemed to have
terminated by operation of law.
If a voting student trustee resigns or otherwise ceases
to serve on the Board, the Governor shall, within 30 days,
designate one of the remaining student trustees to possess
the right to cast a legally binding vote for the remainder of
his or her term. If a nonvoting student trustee resigns or
otherwise ceases to serve on the Board, the chief executive
of the student government from that campus shall, within 30
days, select a new nonvoting student trustee to serve for the
remainder of the term.
No more than 5 of the 9 appointed trustees shall be
affiliated with the same political party. Each trustee
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. The term of office of each appointed trustee shall be
6 years from the third Monday in January of each odd numbered
year. The regular terms of office of the appointed trustees
shall be staggered so that 3 terms expire in each
odd-numbered year.
Vacancies for appointed trustees shall be filled for the
unexpired term in the same manner as original appointments.
If a vacancy in membership occurs at a time when the Senate
is not in session, the Governor shall make temporary
appointments until the next meeting of the Senate, when he
shall appoint persons to fill such memberships for the
remainder of their respective terms. If the Senate is not in
session when appointments for a full term are made,
appointments shall be made as in the case of vacancies.
No action of the board shall be invalidated by reason of
any vacancies on the board, or by reason of any failure to
select student trustees.
(Source: P.A. 90-630, eff. 7-24-98; 91-778, eff. 1-1-01;
91-798, eff. 7-9-00; revised 6-29-00.)
Section 50.2. The Southern Illinois University
Management Act is amended by changing Sections 2 and 5 as
follows:
(110 ILCS 520/2) (from Ch. 144, par. 652)
Sec. 2. The Board shall consist of 7 members appointed by
the Governor, by and with the advice and consent of the
Senate, the Superintendent of Public Instruction, or his
chief assistant for liaison with higher education when
designated to serve in his place, ex-officio, and one voting
student member designated by the Governor from one campus of
the University and one nonvoting student member from the
campus of the University not represented by the voting
student member. The Governor shall designate one of the
student members serving on the Board to serve as the voting
student member. Each student member shall be chosen by the
respective campuses of Southern Illinois University at
Carbondale and Edwardsville. The method of choosing these
student members shall be by campus-wide student election, and
any student designated by the Governor to be a voting student
member shall be one of the students chosen by this method.
The student members shall serve terms of one year beginning
on July 1 of each year, except that the student members
initially selected shall serve a term beginning on the date
of such selection and expiring on the next succeeding June
30. To be eligible for selection as a student member and to
be eligible to remain as a voting or nonvoting student member
of the Board, a student member must be a resident of this
State, must have and maintain a grade point average that is
equivalent to at least 2.5 on a 4.0 scale, and must be a full
time student enrolled at all times during his or her term of
office except for that part of the term which follows the
completion of the last full regular semester of an academic
year and precedes the first full regular semester of the
succeeding academic year at the university (sometimes
commonly referred to as the summer session or summer school).
If a voting or nonvoting student member serving on the Board
fails to continue to meet or maintain the residency, minimum
grade point average, or enrollment requirement established by
this Section, his or her membership on the Board shall be
deemed to have terminated by operation of law. No more than 4
of the members appointed by the Governor shall be affiliated
with the same political party. Each member appointed by the
Governor must be a resident of this State. A failure to meet
or maintain this residency requirement constitutes a
resignation from and creates a vacancy in the Board. Upon
the expiration of the terms of members appointed by the
Governor, their respective successors shall be appointed for
terms of 6 years from the third Monday in January of each
odd-numbered year and until their respective successors are
appointed for like terms. If the Senate is not in session
appointments shall be made as in the case of vacancies.
(Source: P.A. 90-630, eff. 7-24-98; 91-778, eff. 1-1-01;
91-798, eff. 7-9-00; revised 6-29-00.)
(110 ILCS 520/5) (from Ch. 144, par. 655)
Sec. 5. Members of the Board shall elect annually by
secret ballot from their own number a chairman who shall
preside over meetings of the Board and a secretary.
Meetings of the Board shall be held at least once each
quarter on a campus of Southern Illinois University. At all
regular meetings of the Board, a majority of its voting
members shall constitute a quorum. The student members shall
have all of the privileges of membership, including the right
to make and second motions and to attend executive sessions,
other than the right to vote, except that the student member
designated by the Governor as the voting student member shall
have the right to vote on all Board matters except those
involving faculty tenure, faculty promotion or any issue on
which the student member has a direct conflict of interest.
A student member who is not entitled to vote on a measure at
a meeting of the Board or any of its committees shall not be
considered a member for the purpose of determining whether a
quorum is present at the time that measure is voted upon. No
action of the Board shall be invalidated by reason of any
vacancies on the Board, or by reason of any failure to select
a student member.
Special meetings of the Board may be called by the
chairman of the Board or by any 3 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
91-778, eff. 1-1-01; revised 6-23-00.)
Section 50.3. The Chicago State University Law is
amended by changing Sections 5-15 and 5-25 as follows:
(110 ILCS 660/5-15)
Sec. 5-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor,
by and with the advice and consent of the Senate, and one
voting member who is a student at Chicago State University.
The student member shall be chosen by a campus-wide student
election. The student member shall serve a term of one year
beginning on July 1 of each year, except that the student
member initially selected shall serve a term beginning on the
date of his or her selection and expiring on the next
succeeding June 30. To be eligible for selection as a
student member and to be eligible to remain as a student
member of the Board, the student member must be a resident of
this State, must have and maintain a grade point average that
is equivalent to at least 2.5 on a 4.0 scale, and must be a
full time student enrolled at all times during his or her
term of office except for that part of the term which follows
the completion of the last full regular semester of an
academic year and precedes the first full regular semester of
the succeeding academic year at the university (sometimes
commonly referred to as the summer session or summer school).
If a student member serving on the Board fails to continue to
meet or maintain the residency, minimum grade point average,
or enrollment requirement established by this Section, his or
her membership on the Board shall be deemed to have
terminated by operation of law. Of the members first
appointed by the Governor, 4 shall be appointed for terms to
expire on the third Monday in January, 1999, and 3 shall be
appointed for terms to expire on the third Monday in January,
2001. If the Senate is not in session on the effective date
of this Article, or if a vacancy in an appointive membership
occurs at a time when the Senate is not in session, the
Governor shall make temporary appointments until the next
meeting of the Senate when he shall nominate persons to fill
such memberships for the remainder of their respective terms.
No more than 4 of the members appointed by the Governor shall
be affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
(110 ILCS 660/5-25)
Sec. 5-25. Officers; meetings. Members of the Board
shall elect annually by secret ballot from their own number a
chairman who shall preside over meetings of the Board and a
secretary.
Meetings of the Board shall be held at least once each
quarter on the campus of Chicago State University at Chicago,
Illinois. At all regular meetings of the Board, a majority
of its members shall constitute a quorum. The student member
shall have all of the privileges of membership, including the
right to make and second motions, to attend executive
sessions, and to vote on all Board matters except those
involving faculty tenure, faculty promotion or any issue on
which the student member has a direct conflict of interest.
Unless the student member is entitled to vote on a measure at
a meeting of the Board or any of its committees, he or she
shall not be considered a member for the purpose of
determining whether a quorum is present at the time that
measure is voted upon. No action of the Board shall be
invalidated by reason of any vacancies on the Board or by
reason of any failure to select a student member.
Special meetings of the Board may be called by the
chairman of the Board or by any 3 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
91-778, eff. 1-1-01; revised 6-23-00.)
Section 50.4 The Eastern Illinois University Law is
amended by changing Sections 10-15 and 10-25 as follows:
(110 ILCS 665/10-15)
Sec. 10-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor,
by and with the advice and consent of the Senate, and one
voting member who is a student at Eastern Illinois
University. The student member shall be chosen by a
campus-wide student election. The student member shall serve
a term of one year beginning on July 1 of each year, except
that the student member initially selected shall serve a term
beginning on the date of his or her selection and expiring on
the next succeeding June 30. To be eligible for selection as
a student member and to be eligible to remain as a student
member of the Board, the student member must be a resident of
this State, must have and maintain a grade point average that
is equivalent to at least 2.5 on a 4.0 scale, and must be a
full time student enrolled at all times during his or her
term of office except for that part of the term which follows
the completion of the last full regular semester of an
academic year and precedes the first full regular semester of
the succeeding academic year at the university (sometimes
commonly referred to as the summer session or summer school).
If a student member serving on the Board fails to continue to
meet or maintain the residency, minimum grade point average,
or enrollment requirement established by this Section, his or
her membership on the Board shall be deemed to have
terminated by operation of law. Of the members first
appointed by the Governor, 4 shall be appointed for terms to
expire on the third Monday in January, 1999, and 3 shall be
appointed for terms to expire on the third Monday in January,
2001. If the Senate is not in session on the effective date
of this Article, or if a vacancy in an appointive membership
occurs at a time when the Senate is not in session, the
Governor shall make temporary appointments until the next
meeting of the Senate when he shall nominate persons to fill
such memberships for the remainder of their respective terms.
No more than 4 of the members appointed by the Governor shall
be affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
(110 ILCS 665/10-25)
Sec. 10-25. Officers; meetings. Members of the Board
shall elect annually by secret ballot from their own number a
chairman who shall preside over meetings of the Board and a
secretary.
Meetings of the Board shall be held at least once each
quarter on the campus of Eastern Illinois University at
Charleston, Illinois. At all regular meetings of the Board,
a majority of its members shall constitute a quorum. The
student member shall have all of the privileges of
membership, including the right to make and second motions,
to attend executive sessions, and to vote on all Board
matters except those involving faculty tenure, faculty
promotion or any issue on which the student member has a
direct conflict of interest. Unless the student member is
entitled to vote on a measure at a meeting of the Board or
any of its committees, he or she shall not be considered a
member for the purpose of determining whether a quorum is
present at the time that measure is voted upon. No action of
the Board shall be invalidated by reason of any vacancies on
the Board or by reason of any failure to select a student
member.
Special meetings of the Board may be called by the
chairman of the Board or by any 3 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
91-778, eff. 1-1-01; revised 6-23-00.)
Section 50.5. The Governors State University Law is
amended by changing Sections 15-15 and 15-25 as follows:
(110 ILCS 670/15-15)
Sec. 15-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor,
by and with the advice and consent of the Senate, and one
voting member who is a student at Governors State University.
The student member shall be chosen by a campus-wide student
election. The student member shall serve a term of one year
beginning on July 1 of each year, except that the student
member initially selected shall serve a term beginning on the
date of his or her selection and expiring on the next
succeeding June 30. To be eligible for selection as a
student member and to be eligible to remain as a student
member of the Board, the student member must be a resident of
this State, must have and maintain a grade point average that
is equivalent to at least 2.5 on a 4.0 scale, and must be a
student enrolled at all times during his or her term of
office except for that part of the term which follows the
completion of the last full regular semester of an academic
year and precedes the first full regular semester of the
succeeding academic year at the university (sometimes
commonly referred to as the spring/summer semester). If a
student member serving on the Board fails to continue to meet
or maintain the residency, minimum grade point average, or
enrollment requirement established by this Section, his or
her membership on the Board shall be deemed to have
terminated by operation of law. Of the members first
appointed by the Governor, 4 shall be appointed for terms to
expire on the third Monday in January, 1999, and 3 shall be
appointed for terms to expire on the third Monday in January,
2001. If the Senate is not in session on the effective date
of this Article, or if a vacancy in an appointive membership
occurs at a time when the Senate is not in session, the
Governor shall make temporary appointments until the next
meeting of the Senate when he shall nominate persons to fill
such memberships for the remainder of their respective terms.
No more than 4 of the members appointed by the Governor shall
be affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
(110 ILCS 670/15-25)
Sec. 15-25. Officers; meetings. Members of the Board
shall elect annually by secret ballot from their own number a
chairman who shall preside over meetings of the Board and a
secretary.
Meetings of the Board shall be held at least once each
quarter on the campus of Governors State University at
University Park, Illinois. At all regular meetings of the
Board, a majority of its members shall constitute a quorum.
The student member shall have all of the privileges of
membership, including the right to make and second motions,
to attend executive sessions, and to vote on all Board
matters except those involving faculty tenure, faculty
promotion or any issue on which the student member has a
direct conflict of interest. Unless the student member is
entitled to vote on a measure at a meeting of the Board or
any of its committees, he or she shall not be considered a
member for the purpose of determining whether a quorum is
present at the time that measure is voted upon. No action of
the Board shall be invalidated by reason of any vacancies on
the Board or by reason of any failure to select a student
member.
Special meetings of the Board may be called by the
chairman of the Board or by any 3 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 89-4, eff. 1-1-96; 89-552, eff. 7-26-96;
90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 91-778, eff.
1-1-01; revised 6-23-00.)
Section 50.6. The Illinois State University Law is
amended by changing Sections 20-15 and 20-25 as follows:
(110 ILCS 675/20-15)
Sec. 20-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor,
by and with the advice and consent of the Senate, and one
voting member who is a student at Illinois State University.
The student member shall be chosen by a campus-wide student
election. The student member shall serve a term of one year
beginning on July 1 of each year, except that the student
member initially selected shall serve a term beginning on the
date of his or her selection and expiring on the next
succeeding June 30. To be eligible to remain as a student
member of the Board, the student member must be a resident of
this State, must have and maintain a grade point average that
is equivalent to at least 2.5 on a 4.0 scale, and must be a
full time student enrolled at all times during his or her
term of office except for that part of the term which follows
the completion of the last full regular semester of an
academic year and precedes the first full regular semester of
the succeeding academic year at the university (sometimes
commonly referred to as the summer session or summer school).
If a student member serving on the Board fails to continue to
meet or maintain the residency, minimum grade point average,
or enrollment requirement established by this Section, his or
her membership on the Board shall be deemed to have
terminated by operation of law. Of the members first
appointed by the Governor, 4 shall be appointed for terms to
expire on the third Monday in January, 1999, and 3 shall be
appointed for terms to expire on the third Monday in January,
2001. If the Senate is not in session on the effective date
of this Article, or if a vacancy in an appointive membership
occurs at a time when the Senate is not in session, the
Governor shall make temporary appointments until the next
meeting of the Senate when he shall nominate persons to fill
such memberships for the remainder of their respective terms.
No more than 4 of the members appointed by the Governor shall
be affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
(110 ILCS 675/20-25)
Sec. 20-25. Officers; meetings. Members of the Board
shall elect annually by secret ballot from their own number a
chairman who shall preside over meetings of the Board and a
secretary.
Meetings of the Board shall be held at least once each
quarter on the campus of Illinois State University at Normal,
Illinois. At all regular meetings of the Board, a majority
of its members shall constitute a quorum. The student member
shall have all of the privileges of membership, including the
right to make and second motions, to attend executive
sessions, and to vote on all Board matters except those
involving faculty tenure, faculty promotion or any issue on
which the student member has a direct conflict of interest.
Unless the student member is entitled to vote on a measure at
a meeting of the Board or any of its committees, he or she
shall not be considered a member for the purpose of
determining whether a quorum is present at the time that
measure is voted upon. No action of the Board shall be
invalidated by reason of any vacancies on the Board or by
reason of any failure to select a student member.
Special meetings of the Board may be called by the
chairman of the Board or by any 3 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
91-778, eff. 1-1-01; revised 6-23-00.)
Section 50.7. The Northeastern Illinois University Law
is amended by changing Sections 25-15 and 25-25 as follows:
(110 ILCS 680/25-15)
Sec. 25-15. Membership; terms; vacancies. The Board
shall consist of 9 voting members who are residents of this
State and are appointed by the Governor, by and with the
advice and consent of the Senate, and one voting member who
is a student at Northeastern Illinois University. The
student member shall be elected by a campus-wide election of
all students of the University. The student member shall
serve a term of one year beginning on July 1 of each year,
except that the student member initially selected under this
amendatory Act of the 91st General Assembly shall serve a
term beginning on the date of his or her selection and
expiring on the next succeeding June 30. To be eligible to
remain as a student member of the Board, the student member
must be a resident of this State, must have and maintain a
grade point average that is equivalent to at least 2.5 on a
4.0 scale, and must be a full time undergraduate student
enrolled at all times during his or her term of office except
for that part of the term which follows the completion of the
last full regular semester of an academic year and precedes
the first full regular semester of the succeeding academic
year at the university (sometimes commonly referred to as the
summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain
the residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. If any member of the Board appointed by
the Governor fails to continue to meet or maintain the
residency requirement established by this Section, he or she
shall resign membership on the Board within 30 days
thereafter and, failing submission of this resignation, his
or her membership on the Board shall be deemed to have
terminated by operation of law. Of the members first
appointed by the Governor, 4 shall be appointed for terms to
expire on the third Monday in January, 1999 and until their
successors are appointed and qualified, and 3 shall be
appointed for terms to expire on the third Monday in January,
2001 and until their successors are appointed and qualified.
The 2 additional members appointed by the Governor, by and
with the advice and consent of the Senate, under this
amendatory Act of the 91st General Assembly, shall not be
from the same political party and shall be appointed for
terms to expire on the third Monday in January, 2003 and
until their successors are appointed and qualified. Any
vacancy in membership existing on January 1, 1999 shall be
filled by appointment by the Governor, with the advice and
consent of the Senate, for a term to expire on the third
Monday in January, 2003. If the Senate is not in session on
the effective date of this Article, or if a vacancy in an
appointive membership occurs at a time when the Senate is not
in session, the Governor shall make temporary appointments to
fill the vacancy. Members with these temporary appointments
shall be deemed qualified to serve upon appointment and shall
continue to serve until the next meeting of the Senate when
the Governor shall appoint persons to fill such memberships,
by and with the advice and consent of the Senate, for the
remainder of their respective terms. No more than 5 of the
members appointed by the Governor shall be affiliated with
the same political party. Each member appointed by the
Governor must be a resident of this State. A failure to meet
or maintain this residency requirement constitutes a
resignation from and creates a vacancy in the Board. Upon
the expiration of the terms of members appointed by the
Governor for other than temporary appointments, their
respective successors shall be appointed, by and with the
advice and consent of the Senate, for terms of 6 years from
the third Monday in January of each odd-numbered year. Any
members appointed to the Board shall continue to serve in
such capacity until their successors are appointed and
qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-565, eff. 8-14-99; 91-778, eff. 1-1-01; 91-798, eff.
7-9-00; revised 6-29-00.)
(110 ILCS 680/25-25)
Sec. 25-25. Officers; meetings. Members of the Board
appointed by the Governor shall elect by secret ballot from
their own number a chairperson, who shall serve for a period
of 2 years from his or her election and who shall preside
over meetings of the Board, a secretary, and other officers
that the Board deems necessary. The secretary and other
officers shall also serve for a period of 2 years from their
election.
Meetings of the Board shall be held at least once each
quarter on the campus of Northeastern Illinois University at
Chicago, Illinois. At all regular meetings of the Board, a
majority of its members shall constitute a quorum. The
student member shall have all of the privileges of
membership, including the right to make and second motions,
to attend executive sessions, and to vote on all Board
matters except those involving faculty tenure, faculty
promotion or any issue on which the student member has a
direct conflict of interest. No action of the Board shall be
invalidated by reason of any vacancies on the Board or by
reason of any failure to select a student member.
Special meetings of the Board may be called by the
chairperson of the Board or by any 4 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 90-630, eff. 7-24-98; 91-565, eff. 8-14-99;
91-715, eff. 1-1-01; 91-778, eff. 1-1-01; revised 6-23-00.)
Section 50.8. The Northern Illinois University Law is
amended by changing Sections 30-15 and 30-25 as follows:
(110 ILCS 685/30-15)
Sec. 30-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor,
by and with the advice and consent of the Senate, and one
voting member who is a student at Northern Illinois
University. The student member shall be chosen by a
campus-wide student election. The student member shall serve
a term of one year beginning on July 1 of each year, except
that the student member initially selected shall serve a term
beginning on the date of his or her selection and expiring on
the next succeeding June 30. To be eligible to remain as a
student member of the Board, the student member must be a
resident of this State, must have and maintain a grade point
average that is equivalent to at least 2.5 on a 4.0 scale,
and must be a full time student enrolled at all times during
his or her term of office except for that part of the term
which follows the completion of the last full regular
semester of an academic year and precedes the first full
regular semester of the succeeding academic year at the
university (sometimes commonly referred to as the summer
session or summer school). If a student member serving on
the Board fails to continue to meet or maintain the
residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. Of the members first appointed by the
Governor, 4 shall be appointed for terms to expire on the
third Monday in January, 1999, and 3 shall be appointed for
terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this
Article, or if a vacancy in an appointive membership occurs
at a time when the Senate is not in session, the Governor
shall make temporary appointments until the next meeting of
the Senate when he shall nominate persons to fill such
memberships for the remainder of their respective terms. No
more than 4 of the members appointed by the Governor shall be
affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
(110 ILCS 685/30-25)
Sec. 30-25. Officers; meetings. Members of the Board
shall elect annually by secret ballot from their own number a
chairman who shall preside over meetings of the Board and a
secretary.
Meetings of the Board shall be held at least once each
quarter on the campus of Northern Illinois University at
Dekalb, Illinois or on any other University-owned property
located in the State. At all regular meetings of the Board,
a majority of its members shall constitute a quorum. The
student member shall have all of the privileges of
membership, including the right to make and second motions,
to attend executive sessions, and to vote on all Board
matters except those involving faculty tenure, faculty
promotion or any issue on which the student member has a
direct conflict of interest. Unless the student member is
entitled to vote on a measure at a meeting of the Board or
any of its committees, he or she shall not be considered a
member for the purpose of determining whether a quorum is
present at the time that measure is voted upon. No action of
the Board shall be invalidated by reason of any vacancies on
the Board or by reason of any failure to select a student
member.
Special meetings of the Board may be called by the
chairman of the Board or by any 3 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
91-778, eff. 1-1-01; revised 6-23-00.)
Section 50.9. The Western Illinois University Law is
amended by changing Sections 35-15 and 35-25 as follows:
(110 ILCS 690/35-15)
Sec. 35-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor,
by and with the advice and consent of the Senate, and one
voting member who is a student at Western Illinois
University. The student member shall be chosen by a
campus-wide student election. The student member shall serve
a term of one year beginning on July 1 of each year, except
that the student member initially selected shall serve a term
beginning on the date of his or her selection and expiring on
the next succeeding June 30. To be eligible to remain as a
student member of the Board, the student member must be a
resident of this State, must have and maintain a grade point
average that is equivalent to at least 2.5 on a 4.0 scale,
and must be a full time student enrolled at all times during
his or her term of office except for that part of the term
which follows the completion of the last full regular
semester of an academic year and precedes the first full
regular semester of the succeeding academic year at the
university (sometimes commonly referred to as the summer
session or summer school). If a student member serving on
the Board fails to continue to meet or maintain the
residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. Of the members first appointed by the
Governor, 4 shall be appointed for terms to expire on the
third Monday in January, 1999, and 3 shall be appointed for
terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this
Article, or if a vacancy in an appointive membership occurs
at a time when the Senate is not in session, the Governor
shall make temporary appointments until the next meeting of
the Senate when he shall nominate persons to fill such
memberships for the remainder of their respective terms. No
more than 4 of the members appointed by the Governor shall be
affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.)
(110 ILCS 690/35-25)
Sec. 35-25. Officers; meetings. Members of the Board
shall elect annually by secret ballot from their own number a
chairman who shall preside over meetings of the Board and a
secretary.
Meetings of the Board shall be held at least once each
quarter on the campus of Western Illinois University at
Macomb, Illinois. At all regular meetings of the Board, a
majority of its members shall constitute a quorum. The
student member shall have all of the privileges of
membership, including the right to make and second motions,
to attend executive sessions, and to vote on all Board
matters except those involving faculty tenure, faculty
promotion or any issue on which the student member has a
direct conflict of interest. Unless the student member is
entitled to vote on a measure at a meeting of the Board or
any of its committees, he or she shall not be considered a
member for the purpose of determining whether a quorum is
present at the time that measure is voted upon. No action of
the Board shall be invalidated by reason of any vacancies on
the Board or by reason of any failure to select a student
member.
Special meetings of the Board may be called by the
chairman of the Board or by any 3 members of the Board.
At each regular and special meeting that is open to the
public, members of the public and employees of the University
shall be afforded time, subject to reasonable constraints, to
make comments to or ask questions of the Board.
(Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01;
91-778, eff. 1-1-01; revised 6-23-00.)
Section 51. The Public Community College Act is amended
by setting forth and renumbering multiple versions of Section
2-16.04 as follows:
(110 ILCS 805/2-16.04)
Sec. 2-16.04. Video Conferencing User Fund. The Video
Conferencing User Fund is created as a special fund in the
State treasury. The State Board may charge a fee to other
State agencies and non-State entities for the use of the
State Board's video conferencing facilities. This fee shall
be deposited into the Video Conferencing User Fund. All
money in the Video Conferencing User Fund shall be used,
subject to appropriation, by the State Board to pay for
telecommunications charges as billed by the Department of
Central Management Services and upgrades to the system as
needed.
(Source: P.A. 91-44, eff. 7-1-99.)
(110 ILCS 805/2-16.05)
Sec. 2-16.05. 2-16.04. The Academic Improvement Trust
Fund for Community College Foundations.
(a) The Academic Improvement Trust Fund for Community
College Foundations is created in the State treasury. All
moneys transferred, credited, deposited, or otherwise paid to
the Fund as provided in this Section shall be promptly
invested by the State Treasurer in accordance with law, and
all interest and other earnings accruing or received thereon
shall be credited and paid to the Fund. No moneys, interest,
or earnings transferred, credited, deposited, or otherwise
paid to the Academic Improvement Trust Fund for Community
College Foundations shall be transferred or allocated by the
Comptroller or Treasurer to any other fund, nor shall the
Governor authorize any such transfer or allocation, nor shall
any moneys, interest, or earnings transferred, credited,
deposited, or otherwise paid to the Fund be used, temporarily
or otherwise, for interfund borrowing, or be otherwise used
or appropriated, except to encourage private support in
enhancing community college foundations by providing
community college foundations with the opportunity to receive
and match challenge grants as provided in this Section.
(b) On the first day of fiscal year 2000 and each fiscal
year thereafter, or as soon thereafter as may be practicable,
the Comptroller shall order the transfer and the Treasurer
shall transfer from the General Revenue Fund to the Academic
Improvement Trust Fund for Community College Foundations the
amount of the fiscal year appropriation made to the State
Board for making challenge grants to community college
foundations as provided in this Section.
(c) For each fiscal year in which an appropriation and
transfer are made as provided in subsection (b), moneys
sufficient to provide each community college foundation with
the opportunity to match at least one $25,000 challenge grant
shall be reserved from moneys in the Academic Improvement
Trust Fund for Community College Foundations, and the balance
of the moneys in the Fund shall be available for matching by
any community college foundation. Moneys in the Academic
Improvement Trust Fund for Community College Foundations that
remain unmatched by contribution or pledge on April 1 of the
fiscal year in which an appropriation and transfer are made
as provided in subsection (b) shall also be available for
matching by any community college foundation, along with any
interest or earnings accruing to the unmatched portion of the
Fund. If for any fiscal year in which an appropriation and
transfer are made as provided in subsection (b) there are not
sufficient moneys which may be reserved in the Academic
Improvement Trust Fund for Community College Foundations to
provide each community college foundation with the
opportunity to match at least one $25,000 challenge grant,
the amount of the challenge grant that each community college
foundation shall have the opportunity to match for the fiscal
year shall be reduced from $25,000 to an amount equal to the
result obtained when the total of all moneys, interest, and
earnings in the Fund immediately following the appropriation
and transfer made for the fiscal year is divided by the
number of community college foundations then existing in this
State. The State Board shall promulgate rules prescribing
the form and content of applications made by community
college foundations for challenge grants under this Section.
These rules shall provide all community college foundations
with an opportunity to apply for challenge grants to be
awarded from any moneys in the Academic Improvement Trust
Fund for Community College Foundations in excess of the
moneys required to be reserved in the Fund for the purpose of
providing each community college foundation with the
opportunity to match at least one $25,000 challenge grant;
and the opportunity to apply for challenge grants to be
awarded from the excess moneys shall be afforded to all
community college foundations prior to awarding any challenge
grants from the excess moneys. No community college
foundation shall receive more than $100,000 in challenge
grants awarded from the excess moneys.
(d) Challenge grants shall be proportionately allocated
from the Academic Improvement Trust Fund for Community
College Foundations on the basis of matching each $2 of State
funds with $3 of local funds. The matching funds shall come
from contributions made after July 1, 1999, which are pledged
for the purpose of matching challenge grants. To be
eligible, a minimum of $10,000 must be raised from private
sources, and the contributions must be in excess of the total
average annual cash contributions made to the foundation at
each community college district in the 3 fiscal years before
July 1, 1999.
(e) Funds sufficient to provide the match shall be paid,
subject to appropriation, from the Academic Improvement Trust
Fund for Community College Foundations to the community
college foundation in increments of $5,000, after the initial
$10,000 is matched and released, and upon certification to
the Comptroller by the State Board that a proportionate
amount has been received and deposited by the community
college foundation in its own trust fund. However, no
community college foundation may receive more than $100,000,
above the original allocation, from the Academic Improvement
Trust Fund for Community College Foundations in any fiscal
year.
(f) The State Board shall certify, prepare, and submit
to the Comptroller vouchers setting forth the amount of each
challenge grant from time to time to be proportionately
allocated in accordance with this Section from the Academic
Improvement Trust Fund for Community College Foundations to
the community college foundation entitled to receive the
challenge grant, and the Comptroller shall cause his or her
warrants to be drawn for the respective amounts due, payable
from the Fund to the foundation.
(g) The board of each community college foundation shall
establish an academic improvement trust fund as a depository
for the private contributions and challenge grants allocated
to any such community college foundation from the Academic
Improvement Trust Fund for Community College Foundations.
Each community college foundation is responsible for the
maintenance, investment, and administration of its academic
improvement trust fund.
(h) The board of the community college foundation is
responsible for determining the uses for the proceeds of the
academic improvement trust fund established. Such uses may
include:
(1) scientific and technical equipment;
(2) professional development and training for
faculty; and
(3) student scholarships and other activities
appropriate to improving the quality of education at the
community college.
(i) The State Board may promulgate such additional rules
as are required to provide for the efficient operation and
administration of the challenge grant program established by
this Section.
(Source: P.A. 91-664, eff. 12-22-99; revised 1-12-00.)
Section 51.5. The Family Practice Residency Act is
amended by changing Section 4.10 as follows:
(110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
Sec. 4.10. To establish a program, and the criteria for
such program, for the repayment of the educational loans of
primary care physicians who agree to serve in Designated
Shortage Areas for a specified period of time, no less than 2
years. Payments under this program may be made for the
principal principle, interest and related expenses of
government and commercial loans received by the individual
for tuition expenses, and all other reasonable educational
expenses incurred by the individual. The maximum annual
payment which may be made to an individual under this law is
$20,000, or 25% 25 percent of the total covered educational
indebtedness as provided in this Section, whichever is less.
Payments made under this provision shall be exempt from
Illinois State Income Tax.
(Source: P.A. 86-926; revised 9-22-00.)
Section 52.5. The Currency Exchange Act is amended by
changing Section 4.2 as follows:
(205 ILCS 405/4.2) (from Ch. 17, par. 4810)
Sec. 4.2. Whensoever the ownership of any Currency
Exchange, theretofore licensed under the provisions of this
Act, shall be held or contained in any estate subject to the
control and supervision of any Administrator, Executor or
Guardian appointed, approved or qualified by any Court of the
State of Illinois, having jurisdiction so to do, such
Administrator, Executor or Guardian may, upon the entry of an
order by such Court granting leave to continue the operation
of such Currency Exchange, apply to the Director of Financial
Institutions for a license under the provisions of this Act.
When any such Administrator, Executor or Guardian shall apply
for a Currency Exchange License pursuant to the provisions of
this Section, and shall otherwise fully comply with all of
the provisions of this Act relating to the application for a
Currency Exchange license, the Director may issue to such
applicant a Currency Exchange license. Any Currency Exchange
license theretofore issued to a Currency Exchange, for which
an application for a license shall be sought under the
provisions of this Section, if not previously surrendered,
lapsed, or revoked, shall be surrendered, revoked or
otherwise terminated before a license shall be issued
pursuant to application made therefor under this Section.
(Source: P.A. 83-706; revised 7-21-00.)
Section 53. The Illinois Insurance Code is amended by
changing Sections 131.12a, 143.13, and 143.19 as follows:
(215 ILCS 5/131.12a) (from Ch. 73, par. 743.12a)
Sec. 131.12a. Acquisitions involving insurers not
otherwise covered.
(1) Definitions. The following definitions shall apply
for the purposes of this Section only:
(a) "Acquisition" means any agreement, arrangement or
activity the consummation of which results in a person
acquiring directly or indirectly the control of another
person or control of the insurance in force of another
person, and includes but is not limited to the acquisition of
voting securities, the acquisition of assets, the transaction
of bulk reinsurance and the act of merging or consolidating.
(b) An "involved insurer" includes an insurer which
either acquires or is acquired, is affiliated with an
acquirer or acquired or is the result of a merger.
(2) Scope.
(a) Except as exempted in paragraph (b) of this
subsection (2), this Section applies to any acquisition in
which there is a change in control of an insurer authorized
to do business in this State.
(b) This Section shall not apply to the following:
(i) an acquisition subject to approval or
disapproval by the Director pursuant to Section 131.8;
(ii) a purchase of securities solely for investment
purposes so long as such securities are not used by
voting or otherwise to cause or attempt to cause the
substantial lessening of competition in any insurance
market in this State. If a purchase of securities
results in a presumption of control under subsection (b)
of Section 131.1, it is not solely for investment
purposes unless the commissioner of the insurer's state
of domicile accepts a disclaimer of control or
affirmatively finds that control does not exist and such
disclaimer action or affirmative finding is communicated
by the domiciliary commissioner to the Director of this
State;
(iii) the acquisition of a person by another person
when both persons are neither directly nor through
affiliates primarily engaged in the business of
insurance, if pre-acquisition notification is filed with
the Director in accordance with subsection (3)(a) of this
Section, 30 days prior to the proposed effective date of
the acquisition. However, such pre-acquisition
notification is not required for exclusion from this
Section if the acquisition would otherwise be excluded
from this Section by any other subparagraph of subsection
(2)(b);.
(iv) the acquisition of already affiliated persons;
(v) an acquisition if, as an immediate result of
the acquisition,
(A) in no market would the combined market
share of the involved insurers exceed 5% of the
total market,
(B) there would be no increase in any market
share, or
(C) in no market would the combined market
share of the involved insurers exceed 12% of the
total market, and the market share increase by more
than 2% of the total market.
For the purpose of this subparagraph (b)(v),
"market" means direct written insurance premium in this
State for a line of business as contained in the annual
statement required to be filed by insurers licensed to do
business in this State;
(vi) an acquisition for which a pre-acquisition
notification would be required pursuant to this Section
due solely to the resulting effect on the ocean marine
insurance line of business;
(vii) an acquisition of an insurer whose
domiciliary commissioner affirmatively finds that such
insurer is in failing condition; there is a lack of
feasible alternative to improving such condition; the
public benefits of improving such insurer's condition
through the acquisition exceed the public benefits that
would arise from not lessening competition; and such
findings are communicated by the domiciliary commissioner
to the Director of this State.
(3) Pre-acquisition Notification;, Waiting Period. An
acquisition covered by subsection (2) may be subject to an
order pursuant to subsection (5) unless the acquiring person
files a pre-acquisition notification and the waiting period
has expired. The acquired person may file a pre-acquisition
notification. The Director shall give confidential treatment
to information submitted under this subsection in the same
manner as provided in Section 131.22 of this Article.
(a) The pre-acquisition notification shall be in such
form and contain such information as prescribed by the
Director, which shall conform substantially to the form of
notification adopted by the National Association of Insurance
Commissioners relating to those markets which, under
subsection (b)(v) of Section (2), cause the acquisition not
to be exempted from the provisions of this Section. The
Director may require such additional material and information
as he deems necessary to determine whether the proposed
acquisition, if consummated, would violate the competitive
standard of subsection (4). The required information may
include an opinion of an economist as to the competitive
impact of the acquisition in this State accompanied by a
summary of the education and experience of such person
indicating his or her ability to render an informed opinion.
(b) The waiting period required shall begin on the date
of the receipt by the Director of a pre-acquisition
notification and shall end on the earlier of the 30th day
after the date of such receipt, or termination of the waiting
period by the Director. Prior to the end of the waiting
period, the Director on a one time basis may require the
submission of additional needed information relevant to the
proposed acquisition, in which event the waiting period shall
end on the earlier of the 30th day after the receipt of such
additional information by the Director or termination of the
waiting period by the Director.
(4) Competitive Standard.
(a) The Director may enter an order under subsection
(5)(a) with respect to an acquisition if there is substantial
evidence that the effect of the acquisition may be
substantially to lessen competition in any line of insurance
in this State or tend to create a monopoly therein or if the
insurer fails to file adequate information in compliance with
subsection (3).
(b) In determining whether a proposed acquisition would
violate the competitive standard of paragraph (a) (1) of this
subsection the Director shall consider the following:
(i) any acquisition covered under subsection (2)
involving 2 or more insurers competing in the same market
is prima facie evidence of violation of the competitive
standards:.
(A) if the market is highly concentrated and
the involved insurers possess the following shares
sharers of the market:
Insurer A Insurer B
4% 4% or more
10% 2% or more
15% 1% or more
(B) or, if the market is not highly
concentrated and the involved insurers possess the
following shares of the market:
Insurer A Insurer B
5% 5% or more
10% 4% or more
15% 3% or more
19% 1% or more
A highly concentrated market is one in which the
share of the 4 largest insurers is 75% or more of the
market. Percentages not shown in the tables are to be
interpolated proportionately to the percentages that are
shown. If more than 2 insurers are involved, exceeding
the total of the 2 columns in the table is prima facie
evidence of violation of the competitive standard in
paragraph (a) of this subsection. For the purpose of
this subparagraph, the insurer with the largest share of
the market shall be deemed to be Insurer A.
(ii) There is a significant trend toward increased
concentration when the aggregate market share of any
grouping of the largest insurers in the market from the 2
largest to the 8 largest has increased by 7% or more of
the market over a period of time extending from any base
year 5-10 years prior to the acquisition up to the time
of the acquisition. Any acquisition covered under
subsection (2) involving 2 or more insurers competing in
the same market is prima facie evidence of violation of
the competitive standard in paragraph (a) of this
subsection if:
(A) there is a significant trend toward
increased concentration in the market,
(B) one of the insurers involved is one of the
insurers in a grouping of such large insurers
showing the requisite increase in the market share,
and
(C) another involved insurer's market is 2% or
more.
(iii) For the purpose of subsection (4)(b):
(A) The term "insurer" includes any company or
group of companies under common management,
ownership or control.
(B) The term "market" means the relevant
product and geographic markets. In determining the
relevant product and geographical markets, the
Director shall give due consideration to, among
other things, the definitions or guidelines, if any,
promulgated by the National Association of Insurance
Commissioners and to information, if any, submitted
by parties to the acquisition. In the absence of
sufficient information to the contrary, the relevant
product market is assumed to be the direct written
insurance premium for a line of business with such
line being that used in the annual statement
required to be filed by insurers doing business in
this State and the relevant geographical market is
assumed to be this State.
(C) The burden of showing prima facie evidence
of violation of the competitive standard rests upon
the Director.
(iv) Even though an acquisition is not prima facie
violative of the competitive standard under subparagraph
(b)(i) and (b)(ii) of this subsection the Director may
establish the requisite anticompetitive effect based upon
other substantial evidence. Even though an acquisition
is prima facie violative of the competitive standard
under subparagraphs (b)(i) and (b)(ii) of this subsection
(4), a party may establish the absence of the requisite
anticompetitive effect based upon other substantial
evidence. Relevant factors in making a determination
under this paragraph include, but are not limited to, the
following: market shares, volatility of ranking of
market leaders, number of competitors, concentration,
trend of concentration in the industry, and ease of entry
and exit into the market.
(c) An order may not be entered under subsection (5)(a)
if:
(i) the acquisition will yield substantial
economies of scale or economies in resource utilization
that cannot be feasibly achieved in any other way, and
the public benefits which would arise from such economies
exceed the public benefits which would arise from not
lessening competition; or
(ii) the acquisition will substantially increase
the availability of insurance, and the public benefits of
such increase exceed the public benefits which would
arise from not lessening competition.
(5) Orders and Penalties:
(a)(i) If an acquisition violates the standard of
this Section, the Director may enter an order
(A) requiring an involved insurer to cease and
desist from doing business in this State with
respect to the line or lines of insurance involved
in the violation, or
(B) denying the application of an acquired or
acquiring insurer for a license to do business in
this State.
(ii) Such an order shall not be entered unless
there is a hearing, notice of such hearing is issued
prior to the end of the waiting period and not less than
15 days prior to the end of the waiting period and not
less than 15 days prior to the hearing, and the hearing
is concluded and the order is issued no later than 60
days after the end of the waiting period. Every order
shall be accompanied by a written decision of the
Director setting forth his findings of fact and
conclusions of law.
(iii) An order entered under this paragraph shall
not become final earlier than 30 days after it is issued,
during which time the involved insurer may submit a plan
to remedy the anticompetitive impact of the acquisition
within a reasonable time. Based upon such plan or other
information, the Director shall specify, if any, the
conditions under and the time period during which the
aspects of the acquisition causing a violation of the
standards of this Section would be remedied and the order
vacated or modified.
(iv) An order pursuant to this paragraph shall not
apply if the acquisition is not consummated.
(b) Any person who violates a cease and desist order of
the Director under paragraph (a) and while such order is in
effect may after notice and hearing and upon order of the
Director be subject at the discretion of the Director to any
one or more of the following:
(i) a monetary penalty of not more than $10,000 for
every day of violation or
(ii) suspension or revocation of such person's
license or both.
(c) Any insurer or other person who fails to make any
filing required by this Section and who also fails to
demonstrate a good faith effort to comply with any such
filing requirement shall be subject to a civil penalty of not
more than $50,000.
(6) Inapplicable Provisions. Subsections (2) and (3) of
Section 131.23 and Section 131.25 do not apply to
acquisitions covered under subsection (2).
(Source: P.A. 83-749; revised 4-4-00.)
(215 ILCS 5/143.13) (from Ch. 73, par. 755.13)
Sec. 143.13. Definition of terms used in Sections 143.11
through 143.24.
(a) "Policy of automobile insurance" means a policy
delivered or issued for delivery in this State, insuring a
natural person as named insured or one or more related
individuals resident of the same household and under which
the insured vehicles therein designated are motor vehicles of
the private passenger, station wagon, or any other 4-wheeled
motor vehicle with a load capacity of 1500 pounds or less
which is not used in the occupation, profession or business
of the insured or not used as a public or livery conveyance
for passengers nor rented to others. Policy of automobile
insurance shall also mean a named non-owner's automobile
policy.
Policy of automobile insurance does not apply to policies
of automobile insurance issued under the Illinois Automobile
Insurance Plan, to any policy covering garages, automobile
sales agencies, repair shops, service stations or public
parking place operation hazards. "Policy of automobile
insurance" does not include a policy, binder, or application
for which the applicant gives or has given for the initial
premium a check or credit card charge that is subsequently
dishonored for payment, unless the check or credit card
charge was dishonored through no fault of the payor.
(b) "Policy of fire and extended coverage insurance"
means a policy delivered or issued for delivery in this
State, that includes but is not limited to, the perils of
fire and extended coverage, and covers real property used
principally for residential purposes up to and including a 4
family dwelling or any household or personal property that is
usual or incidental to the occupancy to any premises used for
residential purposes.
(c) "All other policies of personal lines" means any
other policy of insurance issued to a natural person for
personal or family protection.
(d) "Renewal" or "to renew" means (1) any change to an
entire line of business in accordance with subsection b-5 of
Section 143.17 and (2) the issuance and delivery by an
insurer of a policy superseding at the end of the policy
period a policy previously issued and delivered by the same
insurer or the issuance and delivery of a certificate or
notice extending the term of a policy beyond its policy
period or term; however, any successive policies issued by
the same insurer to the same insured, for the same or similar
coverage, shall be considered a renewal policy.
Any policy with a policy period or term of less than 6
months or any policy with no fixed expiration date shall be
considered as if written for successive policy periods or
terms of 6 months for the purpose of "renewal" or "to renew"
as defined in this paragraph (d) and for the purpose of any
non-renewal notice required by Section 143.17 of this Code.
(e) "Nonpayment of premium" means failure of the named
insured to discharge, when due, any of his obligations in
connection with the payment of premiums or any installment of
such premium that is payable directly to the insurer or to
its agent. Premium shall mean the premium that is due for an
individual policy which shall not include any membership dues
or other consideration required to be a member of any
organization in order to be eligible for such policy. The
term "nonpayment of premium" does not include a check, credit
card charge, or money order that an applicant gives or has
given to any person for the initial premium payment for a
policy, binder, or application and that is subsequently
dishonored for payment, and any policy, binder, or
application in connection therewith is void and of no effect
and not subject to the cancellation provisions of this Code.
(f) "A policy delivered or issued for delivery in this
State" shall include but not be limited to all binders of
insurance, whether written or oral, and all applications
bound for future delivery by a duly licensed resident agent.
A written binder of insurance issued for a term of 60 days or
less, which contains on its face a specific inception and
expiration date and which a copy has been furnished to the
insured, shall not be subject to the non-renewal requirements
of Section 143.17 of this Code.
(g) "Cancellation" or "cancelled" means the termination
of a policy by an insurer prior to the expiration date of the
policy. A policy of automobile or fire and extended coverage
insurance which expires by its own terms on the policy
expiration date unless advance premiums are received by the
insurer for succeeding policy periods shall not be considered
"cancelled" or a "cancellation" effected by the insurer in
the event such premiums are not paid on or before the policy
expiration date.
(h) "Commercial excess and umbrella liability policy"
means a policy written over one or more underlying policies
for an insured:
(1) that has at least 25 full-time employees at the
time the commercial excess and umbrella liability policy
is written and procures the insurance of any risk or
risks, other than life, accident and health, and annuity
contracts, as described in clauses (a) and (b) of Class 1
of Section 4 and clause (a) of Class 2 of Section 4, by
use of the services of a full-time employee acting as an
insurance manager or buyer; or
(2) whose aggregate annual premiums for all
property and casualty insurance on all risks is at least
$50,000.
(Source: P.A. 91-552, eff. 8-14-99; 91-597, eff. 1-1-00;
revised 10-25-99.)
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
Sec. 143.19. Cancellation of Automobile Insurance Policy
- Grounds. After a policy of automobile insurance as defined
in Section 143.13(a) has been effective for 60 days, or if
such policy is a renewal policy, the insurer shall not
exercise its option to cancel such policy except for one or
more of the following reasons:
a. Nonpayment of premium;
b. The policy was obtained through a material
misrepresentation;
c. Any insured violated any of the terms and conditions
of the policy;
d. The named insured failed to disclose fully his motor
vehicle accidents and moving traffic violations for the
preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim of
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months month prior to the
notice of cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has an accident record, conviction record
(criminal or traffic), physical, or mental condition
which is such that his operation of an automobile might
endanger the public safety;
4. has, within the 36 months prior to the notice of
cancellation, been addicted to the use of narcotics or
other drugs; or
5. has been convicted, or forfeited bail, during
the 36 months immediately preceding the notice of
cancellation, for any felony, criminal negligence
resulting in death, homicide or assault arising out of
the operation of a motor vehicle, operating a motor
vehicle while in an intoxicated condition or while under
the influence of drugs, being intoxicated while in, or
about, an automobile or while having custody of an
automobile, leaving the scene of an accident without
stopping to report, theft or unlawful taking of a motor
vehicle, making false statements in an application for an
operator's or chauffeur's license or has been convicted
or forfeited bail for 3 or more violations within the 12
months immediately preceding the notice of cancellation,
of any law, ordinance, or regulation limiting the speed
of motor vehicles or any of the provisions of the motor
vehicle laws of any state, violation of which constitutes
a misdemeanor, whether or not the violations were
repetitions of the same offense of different offenses;.
g. The insured automobile is:
1. so mechanically defective that its operation
might endanger public safety;.
2. used in carrying passengers for hire or
compensation (the use of an automobile for a car pool
shall not be considered use of an automobile for hire or
compensation);
3. used use in the business of transportation of
flammables or explosives;
4. an authorized emergency vehicle;
5. changed in shape or condition during the policy
period so as to increase the risk substantially; or
6. subject to an inspection law and has not been
inspected or, if inspected, has failed to qualify.
Nothing in this Section shall apply to nonrenewal.
(Source: P.A. 79-686; revised 8-4-00.)
Section 53.5. The Small Employer Health Insurance Rating
Act is amended by changing Section 15 as follows:
(215 ILCS 93/15)
Sec. 15. Applicability and scope. (a) This Act shall
apply to each health benefit plan for a small employer that
is delivered, issued for delivery, renewed, or continued in
this State after July 1, 2000. For purposes of this Section,
the date a plan is continued shall be the first rating period
which commences after July 1, 2000. The Act shall apply to
any such health benefit plan which provides coverage to
employees of a small employer, except that the Act shall not
apply to individual health insurance policies.
(Source: P.A. 91-510, eff. 1-1-00; revised 3-20-00.)
Section 54. The Children's Health Insurance Program Act
is amended by changing Section 22 as follows:
(215 ILCS 106/22)
(Section scheduled to be repealed on July 1, 2002)
Sec. 22. Enrollment in program. The Department shall
develop procedures to allow community providers, and schools,
youth service agencies, employers, labor unions, local
chambers of commerce, and religious organizations to assist
in enrolling children in the Program.
(Source: P.A. 91-470, eff. 8-10-99; 91-471, eff. 8-10-99;
revised 6-23-00.)
Section 54.5. The Dental Care Patient Protection Act is
amended by changing Section 60 as follows:
(215 ILCS 109/60)
Sec. 60. Record of complaints.
(a) The Department shall maintain records concerning the
complaints filed against the plan with the Department. The
Department shall make a summary of all data collected
available upon request and publish the summary on the World
Wide Web.
(b) The Department shall maintain records on the number
of complaints filed against each plan.
(c) The Department shall maintain records classifying
each complaint by whether the complaint was filed by:
(1) a consumer or enrollee;
(2) a provider; or
(3) any other individual.
(d) (Blank).
(e) The Department shall maintain records classifying
each complaint according to the nature of the complaint as it
pertains to a specific function of the plan. The complaints
shall be classified under the following categories:
(1) denial of care or treatment;
(2) denial of a diagnostic procedure;
(3) denial of a referral request;
(4) sufficient choice and accessibility of
dentists;
(5) underwriting;
(6) marketing and sales;
(7) claims and utilization review;
(8) member services;
(9) provider relations; and
(10) miscellaneous.
(f) The Department shall maintain records classifying
the disposition of each complaint. The disposition of the
complaint shall be classified in one of the following
categories:
(1) complaint referred to the plan and no further
action necessary by the Department;
(2) no corrective action deemed necessary by the
Department; or
(3) corrective action taken by the Department.
(g) No Department publication or release of information
shall identify any enrollee, dentist, or individual
complainant.
(Source: P.A. 91-355, eff. 1-1-00; revised 2-23-00.)
Section 55. The Health Maintenance Organization Act is
amended by changing Sections 1-3 and 2-7 as follows:
(215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1)
Sec. 1-3. Definitions of admitted assets. "Admitted
Assets" includes the investments authorized or permitted by
Section 3-1 of this Act and, in addition thereto, only the
following: Section
(1) Amounts due from affiliates pursuant to
management contracts or service agreements which meet the
requirements of Section 141.1 of the Illinois Insurance
Code to the extent that the affiliate has liquid assets
with which to pay the balance and maintain its accounts
on a current basis; provided that the aggregate amount
due from affiliates may not exceed the lesser of 10% of
the organization's admitted assets or 25% of the
organization's net worth as defined in Section 3-1. Any
amount outstanding more than 3 months shall be deemed not
current. For purpose of this subsection "affiliates" are
as defined in Article VIII 1/2 of the Illinois Insurance
Code.
(2) Amounts advanced to providers under contract to
the organization for services to be rendered to enrollees
pursuant to the contract. Amounts advanced must be for
period of not more than 3 months and must be based on
historical or estimated utilization patterns with the
provider and must be reconciled against actual incurred
claims at least semi-annually. Amounts due in the
aggregate may not exceed 50% of the organization's net
worth as defined in Section 3-1. Amounts due from a
single provider may not exceed the lesser of 5% of the
organization's admitted assets or 10% of the
organization's net worth.
(3) Amounts permitted under Section 2-7.
(Source: P.A. 91-357, eff. 7-29-99; 91-549, eff. 8-14-99;
revised 8-27-99.)
(215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407)
Sec. 2-7. Annual statement; audited financial reports.
;;
(a) A health maintenance organization shall file with
the Director by March 1st in each year 2 copies of its
financial statement for the year ending December 31st
immediately preceding on forms prescribed by the Director,
which shall conform substantially to the form of statement
adopted by the National Association of Insurance
Commissioners. Unless the Director provides otherwise, the
annual statement is to be prepared in accordance with the
annual statement instructions and the Accounting Practices
and Procedures Manual adopted by the National Association of
Insurance Commissioners. The Director shall have power to
make such modifications and additions in this form as he may
deem desirable or necessary to ascertain the condition and
affairs of the organization. The Director shall have
authority to extend the time for filing any statement by any
organization for reasons which he considers good and
sufficient. The statement shall be verified by oaths of the
president and secretary of the organization or, in their
absence, by 2 other principal officers. In addition, any
organization may be required by the Director, when he
considers that action to be necessary and appropriate for the
protection of enrollees, creditors, shareholders,
subscribers, or claimants, to file, within 60 days after
mailing to the organization a notice that such is required, a
supplemental summary statement as of the last day of any
calendar month occurring during the 100 days next preceding
the mailing of such notice designated by him on forms
prescribed and furnished by the Director. The Director may
require supplemental summary statements to be certified by an
independent actuary deemed competent by the Director or by an
independent certified public accountant. filed
(b) Audited financial reports shall be filed on or
before June 1 of each year for the two calendar years
immediately preceding and shall provide an opinion expressed
by an independent certified public accountant on the
accompanying financial statement of the Health Maintenance
Organization and a detailed reconciliation for any
differences between the accompanying financial statements and
each of the related financial statements filed in accordance
with subsection (a) of this Section. Any organization
failing, without just cause, to file the annual audited
financial statement as required in this Act shall be
required, after the notice and hearing, to pay a penalty of
$100 for each day's delay, to be recovered by the Director of
Insurance of the State of Illinois and the penalty so
recovered shall be paid into the General Revenue Fund of the
State of Illinois. The Director may reduce the penalty if
the organization demonstrates to the Director that the
imposition of the penalty would constitute a financial
hardship to the organization.
(c) The Director may require that additional summary
financial information be filed no more often than 3 times per
year on reporting forms provided by him. However, he may
request certain key information on a more frequent basis if
necessary for a determination of the financial viability of
the organization.
(d) The Director shall have the authority to extend the
time for filing any statement by any organization for reasons
which the Director considers good and sufficient.
(Source: P.A. 91-357, eff. 7-29-99; 91-549, eff. 8-14-99;
revised 8-27-99.)
Section 57. The Service Contract Act is amended by
changing Section 10 as follows:
(215 ILCS 152/10)
Sec. 10. Exemptions. Service contract providers and
related service contract sellers and administrators complying
with this Act are not required to comply with and are not
subject to any provision of the Illinois Insurance Code. A
service contract provider who is the manufacturer or a
wholly-owned subsidiary of the manufacturer of the product or
the builder, seller, or lessor of the product that is the
subject of the service contract is required to comply only
with Sections 30, 35, 45, and 50 of this Act; except that, a
service contract provider who sells a motor vehicle,
excluding a motorcycle as defined in Section 1-147 of the
Illinois Vehicle Code, or who leases, but is not the
manufacturer of, the motor vehicle, excluding a motorcycle as
defined in Section 1-147 of the Illinois Vehicle Code, that
is the subject of the service contract must comply with this
Act in its entirety. Contracts for the repair and monitoring
of private alarm or private security systems regulated under
the Private Detective, Private Alarm, Private Security, and
Locksmith Act of 1993 are not required to comply with this
Act and are not subject to any provision of the Illinois
Insurance Code.
(Source: P.A. 90-711, eff. 8-7-98; 90-817, eff. 3-23-99;
91-430, eff. 1-1-00; revised 10-19-99.)
Section 58. The Title Insurance Act is amended by
changing Section 3 as follows:
(215 ILCS 155/3) (from Ch. 73, par. 1403)
Sec. 3. As used in this Act, the words and phrases
following shall have the following meanings unless the
context requires otherwise:
(1) "Title insurance business" or "business of title
insurance" means:
(A) Issuing as insurer or offering to issue as
insurer title insurance; and
(B) Transacting or proposing to transact one or
more of the following activities when conducted or
performed in contemplation of or in conjunction with the
issuance of title insurance;
(i) soliciting or negotiating the issuance of
title insurance;
(ii) guaranteeing, warranting, or otherwise
insuring the correctness of title searches for all
instruments affecting titles to real property, any
interest in real property, cooperative units and
proprietary leases, and for all liens or charges
affecting the same;
(iii) handling of escrows, settlements, or
closings;
(iv) executing title insurance policies;
(v) effecting contracts of reinsurance;
(vi) abstracting, searching, or examining
titles; or
(vii) issuing closing protection letters;
(C) Guaranteeing, warranting, or insuring searches
or examinations of title to real property or any interest
in real property, with the exception of preparing an
attorney's opinion of title; or
(D) Guaranteeing or warranting the status of title
as to ownership of or liens on real property and personal
property by any person other than the principals to the
transaction; or
(E) Doing or proposing to do any business
substantially equivalent to any of the activities listed
in this subsection, provided that the preparation of an
attorney's opinion of title pursuant to paragraph (1)(C)
is not intended to be within the definition of "title
insurance business" or "business of title insurance".
(1.5) "Title insurance" means insuring, guaranteeing,
warranting, or indemnifying owners of real or personal
property or the holders of liens or encumbrances thereon or
others interested therein against loss or damage suffered by
reason of liens, encumbrances upon, defects in, or the
unmarketability of the title to the property; the invalidity
or unenforceability of any liens or encumbrances thereon; or
doing any business in substance equivalent to any of the
foregoing. "Warranting" for purpose of this provision shall
not include any warranty contained in instruments of
encumbrance or conveyance. An attorney's opinion of title
pursuant to paragraph (1)(C) is not intended to be within the
definition of "title insurance".
(2) "Title insurance company" means any domestic company
organized under the laws of this State for the purpose of
conducting the business of guaranteeing or insuring titles to
real estate and any title insurance company organized under
the laws of another State, the District of Columbia or
foreign government and authorized to transact the business of
guaranteeing or insuring titles to real estate in this State.
(3) "Title insurance agent" means a person, firm,
partnership, association, corporation or other legal entity
registered by a title insurance company and authorized by
such company to determine insurability of title in accordance
with generally acceptable underwriting rules and standards in
reliance on either the public records or a search package
prepared from a title plant, or both, and authorized in
addition to do any of the following: act as an escrow agent,
solicit title insurance, collect premiums, issue title
reports, binders or commitments to insure and policies in its
behalf, provided, however, the term "title insurance agent"
shall not include officers and salaried employees of any
title insurance company.
(4) "Producer of title business" is any person, firm,
partnership, association, corporation or other legal entity
engaged in this State in the trade, business, occupation or
profession of (i) buying or selling interests in real
property, (ii) making loans secured by interests in real
property, or (iii) acting as broker, agent, attorney, or
representative of natural persons or other legal entities
that buy or sell interests in real property or that lend
money with such interests as security.
(5) "Associate" is any firm, association, partnership,
corporation or other legal entity organized for profit in
which a producer of title business is a director, officer, or
partner thereof, or owner of a financial interest, as defined
herein, in such entity; any legal entity that controls, is
controlled by, or is under common control with a producer of
title business; and any natural person or legal entity with
whom a producer of title business has any agreement,
arrangement, or understanding or pursues any course of
conduct the purpose of which is to evade the provisions of
this Act.
(6) "Financial interest" is any ownership interest,
legal or beneficial, except ownership of publicly traded
stock.
(7) "Refer" means to place or cause to be placed, or to
exercise any power or influence over the placing of title
business, whether or not the consent or approval of any other
person is sought or obtained with respect to the referral.
(8) "Escrow Agent" means any title insurance company or
any title insurance agent acting on behalf of a title
insurance company which receives deposits, in trust, of funds
or documents, or both, for the purpose of effecting the sale,
transfer, encumbrance or lease of real property to be held by
such escrow agent until title to the real property that is
the subject of the escrow is in a prescribed condition.
(9) "Independent Escrowee" means any firm, person,
partnership, association, corporation or other legal entity,
other than a title insurance company or a title insurance
agent, which receives deposits, in trust, of funds or
documents, or both, for the purpose of effecting the sale,
transfer, encumbrance or lease of real property to be held by
such escrowee until title to the real property that is the
subject of the escrow is in a prescribed condition. Federal
and State chartered banks, savings and loan associations,
credit unions, mortgage bankers, banks or trust companies
authorized to do business under the Illinois Corporate
Fiduciary Act, licensees under the Consumer Installment Loan
Act, real estate brokers licensed pursuant to the Real Estate
License Act of 2000, as such Acts are now or hereafter
amended, and licensed attorneys when engaged in the
attorney-client relationship are exempt from the escrow
provisions of this Act.
(10) "Single risk" means the insured amount of any title
insurance policy, except that where 2 or more title insurance
policies are issued simultaneously covering different estates
in the same real property, "single risk" means the sum of the
insured amounts of all such title insurance policies. Any
title insurance policy insuring a mortgage interest, a claim
payment under which reduces the insured amount of a fee or
leasehold title insurance policy, shall be excluded in
computing the amount of a single risk to the extent that the
insured amount of the mortgage title insurance policy does
not exceed the insured amount of the fee or leasehold title
insurance policy.
(11) "Department" means the Department of Financial
Institutions.
(12) "Director" means the Director of Financial
Institutions.
(13) "Insured closing letter" or "closing protection
letter" means an indemnification or undertaking to a party to
a real estate transaction, from a principal such as a title
insurance company or similar entity, setting forth in writing
the extent of the principal's responsibility for intentional
misconduct or errors in closing the real estate transaction
on the part of a settlement agent, such as a title insurance
agent or other settlement service provider.
(Source: P.A. 91-159, eff. 1-1-00; 91-245, eff. 12-31-99;
revised 8-12-99.)
Section 60. The Public Utilities Act is amended by
changing Section 4-101 as follows:
(220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
Sec. 4-101. The Commerce Commission shall have general
supervision of all public utilities, except as otherwise
provided in this Act, shall inquire into the management of
the business thereof and shall keep itself informed as to the
manner and method in which the business is conducted. It
shall examine those public utilities and keep informed as to
their general condition, their franchises, capitalization,
rates and other charges, and the manner in which their
plants, equipment and other property owned, leased,
controlled or operated are managed, conducted and operated,
not only with respect to the adequacy, security and
accommodation afforded by their service but also with respect
to their compliance with this Act and any other law, with the
orders of the Commission and with the charter and franchise
requirements.
Whenever the Commission is authorized or required by law
to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of Section
2605-400 of the Department of State Police Law (20 ILCS
2605/2605-400), the Department of State Police is authorized
to furnish, pursuant to positive identification, such
information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00; 91-638, eff. 1-1-00;
revised 10-27-99.)
Section 61. The Health Care Worker Background Check Act
is amended by changing Section 15 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 feeding, dressing, movement, bathing,
toileting, or other personal needs. The entity responsible
for inspecting and licensing, certifying, or registering the
health care employer may, by administrative rule, prescribe
guidelines for interpreting this definition with regard to
the health care employers that it licenses.
"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;
(ix-a) an establishment licensed under the Assisted
Living and Shared Housing Act; (xi)
(x) a supportive living program, as defined in the
Illinois Public Aid Code;
(xi) early childhood intervention programs as
described in 59 Ill. Adm. Code 121;
(xii) the University of Illinois Hospital, Chicago;
(xiii) programs funded by the Department on Aging
through the Community Care Program;
(xiv) programs certified to participate in the
Supportive Living Program authorized pursuant to Section
5-5.01a of the Illinois Public Aid Code;
(xv) programs listed by the Emergency Medical
Services (EMS) Systems Act as Freestanding Emergency
Centers;
(xvi) locations licensed under the Alternative
Health Care Delivery 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. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99;
91-598, eff. 1-1-00; 91-656, eff. 1-1-01; revised 1-6-00.)
Section 61.5. The Hearing Instrument Consumer Protection
Act is amended by changing Section 33 as follows:
(225 ILCS 50/33) (from Ch. 111, par. 7433)
Sec. 33. Violation of Act; unlawful practice. The
advertising, offering for sale, sale, or distribution of
hearing instrument goods and services to consumers by any
person in violation of any of the provisions of this Act is
an unlawful practice pursuant to Section 2Z 20 of the
Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 89-72, eff. 12-31-95; revised 3-27-00.)
Section 62. The Medical Practice Act of 1987 is amended
by changing Section 21 as follows:
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
Sec. 21. License renewal; restoration; inactive status;
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew the license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with
the requirements for renewal and payment of an additional
fee. A license renewal within 90 days after expiration shall
be effective retroactively to the expiration date.
The Department shall mail to each licensee under this
Act, at his or her last known address, at least 60 days in
advance of the expiration date of his or her license, a
notice of that fact and an application for renewal form. No
such license shall be deemed to have lapsed until 90 days
after the expiration date and after such notice and
application have been mailed by the Department as herein
provided.
(B) Restoration. Any licensee who has permitted his or
her license to lapse or who has had his or her license on
inactive status may have his or her license restored by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have
the license restored, including evidence certifying to active
practice in another jurisdiction satisfactory to the
Department, proof of meeting the continuing education
requirements for one renewal period, and by paying the
required restoration fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Licensing Board shall determine, by an evaluation program
established by rule, the applicant's fitness to resume active
status and may require the licensee to complete a period of
evaluated clinical experience and may require successful
completion of the practical examination.
However, any registrant whose license has expired while
he or she has been engaged (a) in Federal Service on active
duty with the Army of the United States, the United States
Navy, the Marine Corps, the Air Force, the Coast Guard, the
Public Health Service or the State Militia called into the
service or training of the United States of America, or
(b) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his or her license reinstated or restored
without paying any lapsed renewal fees, if within 2 years
after honorable termination of such service, training, or
education, he or she furnishes to the Department with
satisfactory evidence to the effect that he or she has been
so engaged and that his or her service, training, or
education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the Department,
may elect to place his or her license on an inactive status
and shall, subject to rules of the Department, be excused
from payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status.
Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee, provide
proof of meeting the continuing education requirements for
the period of time the license is inactive not to exceed one
renewal period, and shall be required to restore his or her
license as provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies
collected under this Act by the Department shall be deposited
in the Illinois State Medical Disciplinary Fund in the State
Treasury, and used only for the following purposes: (a) by
the Medical Disciplinary Board in the exercise of its powers
and performance of its duties, as such use is made by the
Department with full consideration of all recommendations of
the Medical Disciplinary Board, (b) for costs directly
related to persons licensed under this Act, and (c) for
direct and allocable indirect costs related to the public
purposes of the Department of Professional Regulation.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of
the Department of Professional Regulation Law (20 ILCS
2105/2105-300).
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited
in the Illinois State Medical Disciplinary Fund and shall be
used for the same purposes as fees deposited in such Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be
required to pay, either to the Department or to the
designated testing service, a fee covering the cost of
determining the applicant's eligibility and providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after
the applicant's application for examination has been
received and acknowledged by the Department or the
designated testing service, shall result in the
forfeiture of the examination fee.
(2) The fee for a license under Section 9 of this
Act is $300.
(3) The fee for a license under Section 19 of this
Act is $300.
(4) The fee for the renewal of a license for a
resident of Illinois shall be calculated at the rate of
$100 per year, except for licensees who were issued a
license within 12 months of the expiration date of the
license, the fee for the renewal shall be $100. The fee
for the renewal of a license for a nonresident shall be
calculated at the rate of $200 per year, except for
licensees who were issued a license within 12 months of
the expiration date of the license, the fee for the
renewal shall be $200.
(5) The fee for the restoration of a license other
than from inactive status, is $100. In addition, payment
of all lapsed renewal fees not to exceed $600 is
required.
(6) The fee for a 3-year temporary license under
Section 17 is $100.
(7) The fee for the issuance of a duplicate
license, for the issuance of a replacement license for a
license which has been lost or destroyed, or for the
issuance of a license with a change of name or address
other than during the renewal period is $20. No fee is
required for name and address changes on Department
records when no duplicate license is issued.
(8) The fee to be paid for a license record for any
purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and
verified, is $20 plus any fees charged by the applicable
testing service.
(10) The fee to be paid by a licensee for a wall
certificate showing his or her license shall be the
actual cost of producing the certificate.
(11) The fee for a roster of persons licensed as
physicians in this State shall be the actual cost of
producing such a roster.
(F) Any person who delivers a check or other payment to
the Department that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to
the Department by certified check or money order within 30
calendar days of the notification. If, after the expiration
of 30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or certificate or
deny the application, without hearing. If, after termination
or denial, the person seeks a license or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate and pay all fees and fines due
to the Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this
application. The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-9-99.)
Section 63. The Pharmacy Practice Act of 1987 is amended
by changing Section 9 as follows:
(225 ILCS 85/9) (from Ch. 111, par. 4129)
Sec. 9. Registration as pharmacy technician. Any person
shall be entitled to registration as a registered pharmacy
technician who is of the age of 16 or over, has not engaged
in conduct or behavior determined to be grounds for
discipline under this Act, is of temperate habits, is
attending or has graduated from an accredited high school or
comparable school or educational institution, and has filed a
written application for registration on a form to be
prescribed and furnished by the Department for that purpose.
The Department shall issue a certificate of registration as a
registered pharmacy technician to any applicant who has
qualified as aforesaid, and such registration shall be the
sole authority required to assist licensed pharmacists in the
practice of pharmacy, under the personal supervision of a
licensed pharmacist. Any person registered as a pharmacy
technician who is also enrolled in a first professional
degree program in pharmacy in a school or college of pharmacy
or a department of pharmacy of a university approved by the
Department shall be considered a "student pharmacist" and
entitled to use the title "student pharmacist". The
Department, upon the recommendation of the Board, may take
any action set forth in Section 30 of this Act with regard to
certificates pursuant to this Section.
Any person who is enrolled in a non-traditional Pharm.D.
PharmD program at an ACPE accredited college of pharmacy and
is a licensed pharmacist under the laws of another United
States jurisdiction shall be permitted to engage in the
program of practice experience required in the academic
program by virtue of such license. Such person shall be
exempt from the requirement of registration as a registered
pharmacy technician while engaged in the program of practice
experience required in the academic program.
An applicant for registration as a pharmacy technician
may assist a registered pharmacist in the practice of
pharmacy for a period of up to 60 days prior to the issuance
of a certificate of registration if the applicant has
submitted the required fee and an application for
registration to the Department. The applicant shall keep a
copy of the submitted application on the premises where the
applicant is assisting in the practice of pharmacy.
(Source: P.A. 90-253, eff. 7-29-97; revised 12-13-99.)
Section 64. The Professional Boxing and Wrestling Act is
amended by changing Section 23 as follows:
(225 ILCS 105/23) (from Ch. 111, par. 5023)
Sec. 23. Fees. The fees for the administration and
enforcement of this Act including, but not limited to,
original licensure or registration, renewal, and restoration
shall be set by rule. The fees shall not be refundable.
(Blank).
(Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00;
revised 8-27-99.)
Section 65. The Illinois Architecture Practice Act of
1989 is amended by changing Sections 3, 8, 12, and 38 as
follows:
(225 ILCS 305/3) (from Ch. 111, par. 1303)
Sec. 3. Application of Act. Nothing in this Act shall
be deemed or construed to prevent the practice of structural
engineering as defined in the Structural Engineering Practice
Act of 1989, the practice of professional engineering as
defined in the Professional Engineering Practice Act of 1989,
or the preparation of documents used to prescribe work to be
done inside buildings for non-loadbearing interior
construction, furnishings, fixtures and equipment, or the
offering or preparation of environmental analysis,
feasibility studies, programming or construction management
services by persons other than those licensed in accordance
with this Act, the Structural Engineering Practice Act of
1989 or the Professional Engineering Practice Act of 1989.
Nothing contained in this Act shall prevent the
draftsmen, students, project representatives and other
employees of those lawfully practicing as licensed architects
under the provisions of this Act, from acting under the
direct supervision and control of their employers, or to
prevent the employment of project representatives for
enlargement or alteration of buildings or any parts thereof,
or prevent such project representatives from acting under the
direct supervision and control of the licensed architect by
whom the construction documents including drawings and
specifications of any such building, enlargement or
alteration were prepared.
Nothing in this Act or any other Act shall prevent a
registered architect from practicing interior design
services. Nothing in this Act shall be construed as
requiring the services of an interior designer for the
interior designing of a single family residence.
This Act does not apply to any of the following:
(A) The building, remodeling or repairing of any
building or other structure outside of the corporate
limits of any city or village, where such building or
structure is to be, or is used for farm purposes, or for
the purposes of outbuildings or auxiliary buildings in
connection with such farm premises.
(B) The construction, remodeling or repairing of a
detached single family residence on a single lot.
(C) The construction, remodeling or repairing of a
two-family residence of wood frame construction on a
single lot, not more than two stories and basement in
height.
(D) Interior design services for buildings which do
not involve life safety or structural changes.
However, all buildings not included in the preceding
paragraphs (A) through (D), including multi-family buildings
and buildings previously exempt under those paragraphs but
subsequently non-exempt due to a change in occupancy or use,
are subject to the requirements of this Act. Interior
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00;
revised 10-6-99.)
(225 ILCS 305/8) (from Ch. 111, par. 1308)
Sec. 8. Powers and duties of the Department.
(1) Subject to the provisions of this Act, the
Department shall exercise the following functions, powers,
and duties:
(a) conduct examinations to ascertain the
qualifications and fitness of applicants for licensure as
licensed architects, and pass upon the qualifications and
fitness of applicants for licensure by endorsement;
(b) prescribe rules for a method of examination of
candidates;
(c) prescribe rules defining what constitutes a
school, college or university, or department of a
university, or other institution, reputable and in good
standing, to determine whether or not a school, college
or university, or department of a university, or other
institution is reputable and in good standing by
reference to a compliance with such rules, and to
terminate the approval of such school, college or
university or department of a university or other
institution that refuses admittance to applicants solely
on the basis of race, color, creed, sex or national
origin. The Department may adopt, as its own rules
relating to education requirements, those guidelines
published from time to time by the National Architectural
Accrediting Board;
(d) prescribe rules for diversified professional
training;
(e) conduct oral interviews, disciplinary
conferences and formal evidentiary hearings on
proceedings to impose fines or to suspend, revoke, place
on probationary status, reprimand, and refuse to issue or
restore any license issued under the provisions of this
Act for the reasons set forth in Section 22 of this Act;
(f) issue licenses to those who meet the
requirements of this Act; and
(g) formulate and publish rules necessary or
appropriate to carrying out the provisions of this Act;
and.
(h) To maintain membership in the National Council
of Architectural Registration Boards and participate in
activities of the Council by designation of individuals
for the various classifications of membership and the
appointment of delegates for attendance at regional and
national meetings of the Council. All costs associated
with membership and attendance of such delegates to any
national meetings may be funded from the Design
Professionals Administration and Investigation Fund.
(2) Prior to issuance of any final decision or order
that deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board in writing with an
explanation of the any such deviation and provide a
reasonable time for the Board to submit written writing
comments to the Director regarding the proposed action. In
the event that the Board fails or declines to submit such
written comments within 30 days of the said notification, the
Director may issue a final decision or order orders
consistent with the Director's original decision. The
Department may at any time seek the expert advice and
knowledge of the Board on any matter relating to the
enforcement of this Act.
(Source: P.A. 91-133, eff. 1-1-00; revised 3-20-00.)
(225 ILCS 305/12) (from Ch. 111, par. 1312)
Sec. 12. Examinations; subjects; failure or refusal to
take examination. The Department shall authorize examination
of applicants as architects at such times and places as it
may determine. The examination shall be in English and shall
be written or written and graphic. It shall include at a
minimum the following subjects:
"(a) pre-design (environmental analysis,
architectural programming, and application of principles
of project management and coordination);
(b) site planning (site analysis, design and
development, parking, and application of zoning
requirements);
(c) building planning (conceptual planning of
functional and space relationships, building design,
interior space layout, barrier-free design, and the
application of the life safety code requirements and
principles of energy efficient design);
(d) building technology (application of structural
systems, building components, and mechanical and
electrical systems);
(e) general structures (identification, resolution,
and incorporation of structural systems and the long span
design on the technical aspects of the design of
buildings and the process and construction);
(f) lateral forces (identification and resolution
of the effects of lateral forces on the technical aspects
of the design of buildings and the process of
construction);
(g) mechanical and electrical systems (as applied
to the design of buildings, including plumbing and
acoustical systems);
(h) materials and methods (as related to the design
of buildings and the technical aspects of construction);
and
(i) construction documents and services (conduct of
architectural practice as it relates to construction
documents, bidding, and construction administration and
contractual documents from beginning to end of a building
project).
It shall be the responsibility of the applicant to be
familiar with this Act and its rules.
Examination subject matter headings and bases on which
examinations are graded shall be indicated in rules
pertaining to this Act. The Department may adopt the
examinations and grading procedures of the National Council
of Architectural Registration Boards. Content of any
particular examination shall not be considered public record
under the Freedom of Information Act.
If an applicant neglects without an approved excuse or
refuses to take the next available examination offered for
licensure under this Act, the fee paid by the applicant shall
be forfeited. If an applicant fails to pass an examination
for licensure under this Act within 3 years after filing an
application, the application shall be denied. The applicant
may, however, make a new application for examination
accompanied by the required fee and must furnish proof of
meeting the qualifications for examination in effect at the
time of the new application.
The Department may by rule prescribe additional subjects
for examination.
An applicant has one year from the date of notification
of successful completion of all the examination requirements
to apply to the Department for a license. If an applicant
fails to apply within one year, the applicant shall be
required to again take and pass the examination.
(Source: P.A. 91-133, eff. 1-1-00; revised 3-9-00.)
(225 ILCS 305/38) (from Ch. 111, par. 1338)
Sec. 38. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Professional
Engineering Practice Act of 1989, and the Structural
Engineering Practice Act of 1989. The expenses of the
Department under this Act shall be limited to the ordinary
and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section
2105-75 of the Department of Professional Regulation Law (20
ILCS 2105/2105-75) and other expenses related to the
administration and enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
All fines and penalties under Sections 22 and 36 shall be
deposited in the Design Professionals Administration and
Investigation Fund.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested, with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is an addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00;
91-239, eff. 1-1-00; revised 10-7-99.)
Section 66. The Interior Design Profession Title Act is
amended by changing Sections 4 and 30 as follows:
(225 ILCS 310/4) (from Ch. 111, par. 8204)
Sec. 4. (a) No individual shall, without a valid
registration as an interior designer issued by the
Department, in any manner hold himself out to the public as
an interior designer or attach the title "interior designer"
or any other name or designation which would in any way imply
that he is able to use the title "interior designer" as
defined in this Act. No individual shall, without a valid
registration as a residential interior designer issued by the
Department, in any manner hold himself out to the public as a
residential interior designer, or use the title "residential
interior designer" or any name or designation that would in
any way imply that he is able to use the title "residential
interior designer" as defined in this Act.
(a-5) Nothing in this Act shall be construed as
preventing or restricting the services offered or advertised
by an interior designer who is registered under this Act.
(b) Nothing in this Act shall prevent the employment, by
an interior designer or residential interior designer,
association, partnership, or a corporation furnishing
interior design or residential interior design services for
remuneration, of persons not registered as interior designers
or residential interior designers to perform services in
various capacities as needed, provided that the persons do
not represent themselves as, or use the title of, "interior
designer", "registered interior designer", "residential
interior designer" or "registered residential interior
designer".
(c) Nothing in this Act shall be construed to limit the
activities and use of the title "interior designer" or
"residential interior designer" on the part of a person not
registered under this Act who is a graduate of an interior
design program and a full-time employee of a duly chartered
institution of higher education insofar as such person
engages in public speaking, with or without remuneration,
provided that such person does not represent himself to be an
interior designer or use the title "registered interior
designer" or "registered residential interior designer".
(d) Nothing contained in this Act shall restrict any
person not registered under this Act from carrying out any of
the activities listed in the definition of "the profession of
interior design" in Section 3 if such person does not
represent himself or his services in any manner prohibited by
this Act.
(e) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of any
person licensed in this State under any other law from
engaging in the profession or occupation for which he is
licensed.
(f) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of
engineers licensed under the Professional Engineering
Practice Act of 1989 or the Structural Engineering Practice
Act of 1989; architects licensed pursuant to the Illinois
Architectural Practice Act of 1989; any interior decorator or
individual offering interior decorating services including,
but not limited to, the selection of surface materials,
window treatments, wall coverings, furniture, accessories,
paint, floor coverings, and lighting fixtures; or builders,
home furnishings salespersons, and similar purveyors of goods
and services relating to homemaking.
(g) Nothing in this Act or any other Act shall prevent a
licensed architect from practicing interior design services
or from using the title "interior designer" or "residential
interior designer". Nothing in this Act shall be construed
as requiring the services of an interior designer or
residential interior designer for the interior designing of a
single family residence.
(h) Nothing in this Act shall authorize interior
designers or residential interior designers to perform
services, including life safety services that they are
prohibited from performing, or any practice (i) that is
restricted in the Illinois Architecture Practice Act of 1989,
the Professional Engineering Practice Act of 1989, or the
Structural Engineering Practice Act of 1989, or (ii) that
they are not authorized to perform under the Environmental
Barriers Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-27-99.)
(225 ILCS 310/30) (from Ch. 111, par. 8230)
Sec. 30. Interior Design Administration and Investigation
Fund. All of the fees collected pursuant to this Act shall
be deposited into the General Professions Dedicated Fund.
On January 1, 2000 the State Comptroller shall transfer
the balance of the monies in the Interior Design
Administration and Investigation Fund into the General
Professions Dedicated Fund. Amounts appropriated for fiscal
year 2000 out of the Interior Design Administration and
Investigation Fund may be paid out of the General Professions
Dedicated Fund.
The monies deposited in the General Professions Dedicated
Fund may be used for the expenses of the Department in the
administration of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Interior Design Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the audit
report required to be submitted to the Department by this
Section is in addition to copies of audit reports required to
be submitted to other State officers and agencies by Section
3-14 of the Illinois State Auditing Act.
(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00;
revised 10-19-99.)
Section 67. The Illinois Landscape Architecture Act of
1989 is amended by changing Section 15 as follows:
(225 ILCS 315/15) (from Ch. 111, par. 8115)
Sec. 15. Disposition of funds. All of the fees
collected pursuant to this Act shall be deposited in the
General Professions Dedicated Fund.
On January 1, 2000 the State Comptroller shall transfer
the balance of the monies in the Landscape Architects'
Administration and Investigation Fund into the General
Professions Dedicated Fund. Amounts appropriated for fiscal
year 2000 out of the Landscape Architects' Administration and
Investigation Fund may be paid out of the General Professions
Dedicated Fund.
The monies deposited in the General Professions Dedicated
Fund may be used for the expenses of the Department in the
administration of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
(Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99;
revised 11-4-99.)
Section 68. The Professional Engineering Practice Act of
1989 is amended by changing Sections 4, 23, 44, and 47 as
follows:
(225 ILCS 325/4) (from Ch. 111, par. 5204)
Sec. 4. Definitions. As used in this Act:
(a) "Approved engineering curriculum" means an
engineering curriculum of 4 academic years or more which
meets the standards established by the rules of the
Department.
(b) "Board" means the State Board of Professional
Engineers of the Department of Professional Regulation,
previously known as the Examining Committee.
(c) "Department" means the Department of Professional
Regulation.
(d) "Design professional" means an architect, structural
engineer or professional engineer practicing in conformance
with the Illinois Architecture Practice Act of 1989, the
Structural Engineering Practice Act of 1989 or the
Professional Engineering Practice Act of 1989.
(e) "Director" means the Director of Professional
Regulation.
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional
engineer or that work as to which that professional engineer
has detailed professional knowledge.
(g) "Engineering college" means a school, college,
university, department of a university or other educational
institution, reputable and in good standing in accordance
with rules prescribed by the Department, and which grants
baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or
facility whose design is based upon the application of the
principles of science for the purpose of modification of
natural states of being.
(i) "Engineer intern" means a person who is a candidate
for licensure as a professional engineer and who has been
enrolled as an engineer intern.
(j) "Enrollment" means an action by the Department to
record those individuals who have met the Board's
requirements for an engineer intern.
(k) "License" means an official document issued by the
Department to an individual, a corporation, a partnership, a
professional service corporation, a limited liability
company, or a sole proprietorship, signifying authority to
practice.
(l) "Negligence in the practice of professional
engineering" means the failure to exercise that degree of
reasonable professional skill, judgment and diligence
normally rendered by professional engineers in the practice
of professional engineering.
(m) "Professional engineer" means a person licensed
under the laws of the State of Illinois to practice
professional engineering.
(n) "Professional engineering" means the application of
science to the design of engineering systems and facilities
using the knowledge, skills, ability and professional
judgment developed through professional engineering
education, training and experience.
(o) "Professional engineering practice" means the
consultation on, conception, investigation, evaluation,
planning, and design of, and selection of materials and
methods to be used in, administration of construction
contracts for, or site observation of an engineering system
or facility, where such consultation, conception,
investigation, evaluation, planning, design, selection,
administration, or observation requires extensive knowledge
of engineering laws, formulae, materials, practice, and
construction methods. A person shall be construed to
practice or offer to practice professional engineering,
within the meaning and intent of this Act, who practices, or
who, by verbal claim, sign, advertisement, letterhead, card,
or any other way, is represented to be a professional
engineer, or through the use of the initials "P.E." or the
title "engineer" or any of its derivations or some other
title implies licensure as a professional engineer, or holds
himself out as able to perform any service which is
recognized as professional engineering practice.
Examples of the practice of professional engineering
include, but need not be limited to, transportation
facilities and publicly owned utilities for a region or
community, railroads, railways, highways, subways, canals,
harbors, river improvements; irrigation works; aircraft,
airports and landing fields; waterworks, piping systems and
appurtenances, sewers, sewage disposal works; plants for the
generation of power; devices for the utilization of power;
boilers; refrigeration plants, air conditioning systems and
plants; heating systems and plants; plants for the
transmission or distribution of power; electrical plants
which produce, transmit, distribute, or utilize electrical
energy; works for the extraction of minerals from the earth;
plants for the refining, alloying or treating of metals;
chemical works and industrial plants involving the use of
chemicals and chemical processes; plants for the production,
conversion, or utilization of nuclear, chemical, or radiant
energy; forensic engineering, geotechnical engineering
including, subsurface investigations; soil classification,
geology and geohydrology, incidental to the practice of
professional engineering; energy analysis, environmental
design, hazardous waste mitigation and control; recognition,
measurement, evaluation and control of environmental systems
and emissions; automated building management systems; or the
provision of professional engineering site observation of the
construction of works and engineering systems. Nothing
contained in this Section imposes upon a person licensed
under this Act the responsibility for the performance of any
of the foregoing functions unless such person specifically
contracts to provide it.
(p) "Project representative" means the professional
engineer's representative at the project site who assists in
the administration of the construction contract.
(q) "Registered" means the same as "licensed" for
purposes of this Act.
(r) "Related science curriculum" means a 4 year program
of study, the satisfactory completion of which results in a
Bachelor of Science degree, and which contains courses from
such areas as life, earth, engineering and computer sciences,
including but not limited to, physics and chemistry. In the
study of these sciences, the objective is to acquire
fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular
fields of engineering.
(s) "Rules" means those rules promulgated pursuant to
this Act.
(t) "Seal" means the seal in compliance with Section 14
of this Act.
(u) "Site observation" is visitation of the construction
site for the purpose of reviewing, as available, the quality
and conformance of the work to the technical submissions as
they relate to design.
(v) "Support design professional" means a professional
engineer practicing in conformance with the Professional
Engineering Practice Act of 1989, who provides services to
the design professional who has contract responsibility.
(w) "Technical submissions" means designs, drawings, and
specifications which establish the standard of quality for
materials, workmanship, equipment, and the construction
systems, studies, and other technical reports prepared in the
course of a design professional's practice.
(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
10-7-99.)
(225 ILCS 325/23) (from Ch. 111, par. 5223)
Sec. 23. Professional design firm registration.
(a) Nothing in this Act shall prohibit the formation,
under the provisions of the Professional Service Corporation
Act, as amended, of a corporation to practice professional
engineering.
Any business, including a Professional Service
Corporation, that includes within its stated purposes or
practices, or holds itself out as available to practice,
professional engineering shall be registered with the
Department pursuant to the provisions set forth in this
Section.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering professional engineering
services to the public. Any sole proprietorship owned and
operated by a professional engineer with an active license
issued under this Act and conducting or transacting such
business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with
the registration requirements of a professional design firm.
Any sole proprietorship owned and operated by a professional
engineer with an active license issued under this Act and
conducting or transacting such business under the real name
of the sole proprietor is exempt from the registration
requirements of a professional design firm. "Illinois
licensed design professional" means a person who holds an
active license as a professional engineer under this Act, as
an architect under the Illinois Architecture Practice Act of
1989, or as a structural engineer under the Structural
Engineering Practice Act of 1989.
(b) Any professional design firm seeking to be
registered pursuant to the provisions of this Section shall
not be registered unless one or more managing agents in
charge of professional engineering activities in this State
are designated by the professional design firm. Each
managing agent must at all times maintain a valid, active
license to practice professional engineering in Illinois.
No individual whose license to practice professional
engineering in this State is currently in a suspended or
revoked status shall act as a managing agent for a
professional design firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide such information as requested by
the Department, which shall include, but not be limited to:
(1) the name and license number of the person
designated as the managing agent in responsible charge of
the practice of professional engineering in Illinois. In
the case of a corporation, the corporation shall also
submit a certified copy of the resolution by the board of
directors designating the managing agent. In the case of
a limited liability company, the company shall submit a
certified copy of either its articles of organization or
operating agreement designating the managing agent;
(2) the names and license numbers of the directors,
in the case of a corporation, the members, in the case of
a limited liability company, or general partners, in the
case of a partnership;
(3) a list of all office locations at which the
professional design firm provides professional
engineering services to the public; and
(4) a list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
professional design firm, sole proprietorship, or
professional service corporation from compliance with the
requirements of the Assumed Business Name Act.
It is the responsibility of the professional design firm
to provide the Department notice, in writing, of any changes
in the information requested on the application.
(d) The Department shall issue to each business a
certificate of registration to practice professional
engineering or offer the services of its licensees in this
State upon submittal of a proper application for registration
and payment of fees. The expiration date and renewal period
for each registration and renewal procedures shall be
established by rule.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of such
termination. Thereafter, the professional design firm, if it
has so informed the Department, shall have 30 days in which
to notify the Department of the name and license number of a
newly designated managing agent. If a corporation, the
corporation shall also submit a certified copy of a
resolution by the board of directors designating the new
managing agent. If a limited liability company, the company
shall also submit a certified copy of either its articles of
organization or operating agreement designating the new
managing agent. The Department may, upon good cause shown,
extend the original 30 day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If
the professional design firm continues to operate and offer
professional engineering services after the termination, the
Department may seek prosecution under Sections 24, 39, and 40
of this Act for the unlicensed practice of professional
engineering.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agent,
employees, members, managers, or officers by reason of its
compliance with this Section, nor shall any individual
practicing professional engineering be relieved of the
responsibility for professional services performed by reason
of the individual's employment or relationship with a
professional design firm registered under this Section.
(g) Disciplinary action against a professional design
firm registered under this Section shall be administered in
the same manner and on the same grounds as disciplinary
action against a licensed professional engineer. All
disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act
of 1993 shall be continued or remain in effect without the
Department filing separate actions.
(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
10-7-99.)
(225 ILCS 325/44) (from Ch. 111, par. 5244)
Sec. 44. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Illinois
Architecture Practice Act, and the Structural Engineering
Practice Act of 1989. The expenses of the Department under
this Act shall be limited to the ordinary and contingent
expenses of the Design Professionals Dedicated Employees
within the Department as established under Section 2105-75 of
the Department of Professional Regulation Law (20 ILCS
2105/2105-75) and other expenses related to the
administration and enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
All fines and penalties under Section 24, Section 39,
Section 42, and Section 43 shall be deposited in the Design
Professionals Administration and Investigation Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that audit
includes an audit of the Design Professionals Administration
and Investigation Fund, the Department shall make the audit
report open to inspection by any interested person. The copy
of the audit report required to be submitted to the
Department by this Section is in addition to copies of audit
reports required to be submitted to other State officers and
agencies by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 91-239,
eff. 1-1-00; revised 10-7-99.)
(225 ILCS 325/47) (from Ch. 111, par. 5247)
Sec. 47. Practice of structural engineering or
architecture.
(a) No professional engineer may shall practice either
structural engineering as defined in the Structural
Engineering Practice Act of 1989 or architecture as defined
in the Illinois Architecture Practice Act of 1989 unless he
or she is licensed under pursuant to the provisions of that
Act. either the Structural Engineering Licensing Act of 1989
or the Illinois Architecture Practice Act, respectively.
(b) No professional engineer may practice architecture
as defined in the Illinois Architecture Practice Act of 1989
unless he or she is licensed under the provisions of that
Act.
(Source: P.A. 91-91, eff. 1-1-00; revised 2-23-00.)
Section 69. The Illinois Professional Land Surveyor Act
of 1989 is amended by changing Sections 4 and 48 as follows:
(225 ILCS 330/4) (from Ch. 111, par. 3254)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Department of Professional
Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Land Surveyors Licensing Board.
(d) "Direct supervision and control" means the personal
review by a Licensed Professional Land Surveyor of each
survey, including, but not limited to, procurement, research,
field work, calculations, preparation of legal descriptions
and plats. The personal review shall be of such a nature as
to assure the client that the Professional Land Surveyor or
the firm for which the Professional Land Surveyor is employed
is the provider of the surveying services.
(e) "Responsible charge" means an individual responsible
for the various components of the land survey operations
subject to the overall supervision and control of the
Professional Land Surveyor.
(f) "Design professional" means a land surveyor,
architect, structural engineer, or professional engineer
practicing in conformance with this Act, the Illinois
Architecture Practice Act of 1989, the Structural Engineering
Practice Act of 1989, or the Professional Engineering
Practice Act of 1989.
(g) "Professional Land Surveyor" means any person
licensed under the laws of the State of Illinois to practice
land surveying, as defined by this Act or its rules.
(h) "Land Surveyor-in-Training" means any person
licensed under the laws of the State of Illinois who has
qualified for, taken, and passed an examination in the
fundamental land surveyor-in-training subjects as provided by
this Act or its rules.
(i) "Land surveying experience" means those activities
enumerated in Section 5 of this Act, which, when exercised in
combination, to the satisfaction of the Board, is proof of an
applicant's broad range of training in and exposure to the
prevailing practice of land surveying.
(Source: P.A. 91-91, eff. 1-1-00; 91-132, eff. 1-1-00;
revised 10-7-99.)
(225 ILCS 330/48) (from Ch. 111, par. 3298)
Sec. 48. Fund, appropriations, investments and audits.
The moneys deposited in the Design Professionals
Administration and Investigation Fund from fines and fees
under this Act shall be appropriated to the Department
exclusively for expenses of the Department and the Board in
the administration of this Act, the Illinois Architecture
Practice Act, the Professional Engineering Practice Act of
1989, and the Structural Engineering Practice Act of 1989.
The expenses of the Department under this Act shall be
limited to the ordinary and contingent expenses of the Design
Professionals Dedicated Employees within the Department as
established under Section 2105-75 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-75) and other
expenses related to the administration and enforcement of
this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in that
Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is in addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00;
revised 10-7-99.)
Section 69.5. The Auction License Act is amended by
changing Section 5-10 as follows:
(225 ILCS 407/5-10)
Sec. 5-10. Definitions., As used in this Act:
"Advertisement" means any written, oral, or electronic
communication that contains a promotion, inducement, or offer
to conduct an auction or offer to provide an auction service,
including but not limited to brochures, pamphlets, radio and
television scripts, telephone and direct mail solicitations,
electronic media, and other means of promotion.
"Advisory Board" means the Auctioneer Advisory Board.
"Associate auctioneer" means a person who conducts an
auction, but who is under the direct supervision of, and is
sponsored by, a licensed auctioneer or auction firm.
"Auction" means the sale or lease of property, real or
personal, by means of exchanges between an auctioneer or
associate auctioneer and prospective purchasers or lessees,
which consists of a series of invitations for offers made by
the auctioneer or associate auctioneer and offers by
prospective purchasers or lessees for the purpose of
obtaining an acceptable offer for the sale or lease of the
property, including the sale or lease of property via mail,
telecommunications, or the Internet.
"Auction contract" means a written agreement between an
auctioneer, associate auctioneer, or an auction firm and a
seller or sellers.
"Auction firm" means any corporation, partnership, or
limited liability company that acts as an auctioneer and
provides an auction service.
"Auction school" means any educational institution,
public or private, which offers a curriculum of auctioneer
education and training approved by the Office of Banks and
Real Estate.
"Auction service" means the service of arranging,
managing, advertising, or conducting auctions.
"Auctioneer" means a person or entity who, for another,
for a fee, compensation, commission, or any other valuable
consideration at auction or with the intention or expectation
of receiving valuable consideration by the means of or
process of an auction or sale at auction or providing an
auction service, offers, negotiates, or attempts to negotiate
an auction contract, sale, purchase, or exchange of goods,
chattels, merchandise, personal property, real property, or
any commodity that may be lawfully kept or offered for sale
by or at auction.
"Commissioner" means the Commissioner of the Office of
Banks and Real Estate or his or her designee.
"Director" means the Director of Auction Regulation.
"Goods" means chattels, movable goods, merchandise, or
personal property or commodities of any form or type that may
be lawfully kept or offered for sale.
"Licensee" means any person licensed under this Act.
"Managing auctioneer" means any person licensed as an
auctioneer who manages and supervises licensees sponsored by
an auction firm or auctioneer.
"OBRE" means the Office of Banks and Real Estate.
"Person" means an individual, association, partnership,
corporation, or limited liability company or the officers,
directors, or employees of the same.
"Pre-renewal period" means the 24 months prior to the
expiration date of a license issued under this Act.
"Sponsoring auctioneer" means the auctioneer or auction
firm who has issued a sponsor card to a licensed associate
auctioneer or auctioneer.
"Sponsor card" means shall mean the temporary permit
issued by the sponsoring auctioneer certifying that the
licensee named thereon is employed by or associated with the
sponsoring auctioneer and the sponsoring auctioneer shall be
responsible for the actions of the sponsored licensee.
(Source: P.A. 91-603, eff. 1-1-00; revised 3-20-00.)
Section 70. The Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 is amended by
changing Section 30 as follows:
(225 ILCS 446/30)
Sec. 30. Exemptions.
(a) This Act does not apply to:
(1) An officer or employee of the United States,
this State, or any political subdivision of either while
the officer or employee is engaged in the performance of
his or her official duties within the course and scope of
his or her employment with the United States, this State,
or any political subdivision of either. However, any
person who offers his or her services as a private
detective or private security contractor, or any title
when similar services are performed for compensation,
fee, or other valuable consideration, whether received
directly or indirectly, is subject to this Act and its
licensing requirements.
(2) An attorney-at-law licensed to practice in
Illinois while engaging in the practice of law.
(3) A person engaged exclusively in the business of
obtaining and furnishing information as to the financial
rating or credit worthiness of persons; and a person who
provides consumer reports in connection with:
(i) Credit transactions involving the consumer
on whom the information is to be furnished and
involving the extensions of credit to the consumer.
(ii) Information for employment purposes.
(iii) Information for the underwriting of
insurance involving the consumer.
(4) Insurance adjusters legally employed or under
contract as adjusters and who engage in no other
investigative activities other than those directly
connected with adjustment of claims against an insurance
company or self-insured by which they are employed or
with which they have a contract. No insurance adjuster
or company may utilize the term "investigation" or any
derivative thereof in its company name or in its
advertising other than for the handling of insurance
claims.
For the purposes of this Code, "insurance adjuster"
includes any person expressly authorized to act on behalf
of an insurance company or self-insured and any employee
thereof who acts or appears to act on behalf of the
insurance company or self-insured in matters relating to
claims, including but not limited to independent
contractors while performing claim services at the
direction of the company.
(5) A person engaged exclusively and employed by a
person, firm, association, or corporation in the business
of transporting persons or property in interstate
commerce and making an investigation related to the
business of that employer.
(6) Any person, watchman, or guard employed
exclusively and regularly by one employer in connection
with the affairs of that employer only and there exists
an employer/employee relationship.
(7) Any law enforcement officer, as defined in the
Illinois Police Training Act, who has successfully
completed the requirements of basic law enforcement and
firearms training as prescribed by the Illinois Law
Enforcement Training Standards Board, employed by an
employer in connection with the affairs of that employer,
provided he or she is exclusively employed by the
employer during the hours or times he or she is scheduled
to work for that employer, and there exists an employer
and employee relationship.
In this subsection an "employee" is a person who is
employed by an employer who has the right to control and
direct the employee who performs the services in
question, not only as to the result to be accomplished by
the work, but also as to the details and means by which
the result is to be accomplished; and an "employer" is
any person or entity, with the exception of a private
detective, private detective agency, private security
contractor, private security contractor agency, private
alarm contractor, or private alarm contractor agency,
whose purpose it is to hire persons to perform the
business of a private detective, private detective
agency, private security contractor, private security
contractor agency, private alarm contractor, or private
alarm contractor agency.
(8) A person who sells burglar alarm systems and
does not install, monitor, maintain, alter, repair,
service, or respond to burglar alarm systems at protected
premises or premises to be protected, provided:
(i) The burglar alarm systems are
approved either by Underwriters Laboratories or
another authoritative source recognized by the
Department and are identified by a federally
registered trademark.
(ii) The owner of the trademark has
expressly authorized the person to sell the
trademark owner's products, and the person
provides proof of this authorization upon the
request of the Department.
(iii) The owner of the trademark
maintains, and provides upon the Department's
request, a certificate evidencing insurance for
bodily injury or property damage arising from
faulty or defective products in an amount not
less than $1,000,000 combined single limit;
provided that the policy of insurance need not
relate exclusively to burglar alarm systems.
(9) A person who sells, installs, maintains, or
repairs automobile alarm systems.
(9-5) A person, firm, or corporation engaged solely
and exclusively in tracing and compiling lineage or
ancestry.
(10) A person employed as either an armed or
unarmed security guard at a nuclear energy, storage,
weapons or development site or facility regulated by the
Nuclear Regulatory Commission who has completed the
background screening and training mandated by the rules
and regulations of the Nuclear Regulatory Commission.
(b) Nothing in this Act prohibits any of the following:
(A) Servicing, installing, repairing, or rebuilding
automotive locks by automotive service dealers, as long
as they do not hold themselves out to the public as
locksmiths.
(B) Police, fire, or other municipal employees from
opening a lock in an emergency situation, as long as they
do not hold themselves out to the public as locksmiths.
(C) Any merchant or retail or hardware store from
duplicating keys, from installing, servicing, repairing,
rebuilding, reprogramming, or maintaining electronic
garage door devices or from selling locks or similar
security accessories not prohibited from sale by the
State of Illinois, as long as they do not hold themselves
out to the public as locksmiths.
(D) The installation or removal of complete locks
or locking devices by members of the building trades when
doing so in the course of residential or commercial new
construction or remodeling, as long as they do not hold
themselves out to the public as locksmiths.
(E) The employees of towing services, repossessors,
or auto clubs from opening automotive locks in the normal
course of their duties, as long as they do not hold
themselves out to the public as locksmiths. Additionally,
this Act shall not prohibit employees of towing services
from opening motor vehicle locks to enable a vehicle to
be moved without towing, provided that the towing service
does not hold itself out to the public, by yellow page
advertisement, through a sign at the facilities of the
towing service, or by any other advertisement, as a
locksmith.
(F) The practice of locksmithing by students in the
course of study in programs approved by the Department,
provided that the students do not hold themselves out to
the public as locksmiths.
(G) Servicing, installing, repairing, or rebuilding
locks by a lock manufacturer or anyone employed by a lock
manufacturer, as long as they do not hold themselves out
to the public as locksmiths.
(H) The provision of any of the products or
services in the practice of locksmithing as identified in
Section 5 of this Act by a business licensed by the State
of Illinois as a private alarm contractor or private
alarm contractor agency, as long as the principal purpose
of the services provided to a customer is not the
practice of locksmithing and the business does not hold
itself out to the public as a locksmith agency.
(I) Any maintenance employee of a property
management company at a multi-family residential building
from servicing, installing, repairing, or opening locks
for tenants as long as the maintenance employee does not
hold himself or herself out to the public as a locksmith.
(J) A person, firm, or corporation from engaging in
fire protection engineering, including the design,
testing, and inspection of fire protection systems.
(K) The practice of professional engineering as
defined in the Professional Engineering Practice Act of
1989.
(L) The practice of structural engineering as
defined in the Structural Engineering Practice Act of
1989.
(M) The practice of architecture as defined in the
Illinois Architecture Practice Act of 1989.
(N) The activities of persons or firms licensed
under the Illinois Public Accounting Act if performed in
the course of their professional practice.
(c) This Act does not prohibit any persons legally
regulated in this State under any other Act from engaging in
the practice for which they are licensed, provided that they
do not represent themselves by any title prohibited by this
Act.
(Source: P.A. 90-436, eff. 1-1-98; 90-633, eff. 7-24-98;
91-91, eff. 1-1-00; 91-287, eff. 1-1-00; revised 10-7-99.)
Section 71. The Real Estate License Act of 2000 is
amended by changing Sections 5-20 and 15-20 as follows:
(225 ILCS 454/5-20)
Sec. 5-20. Exemptions from broker, salesperson, or
leasing agent license requirement. The requirement for
holding a license under this Article 5 shall not apply to:
(1) Any person, partnership, or corporation that as
owner or lessor performs any of the acts described in the
definition of "broker" under Section 1-10 of this Act with
reference to property owned or leased by it, or to the
regular employees thereof with respect to the property so
owned or leased, where such acts are performed in the regular
course of or as an incident to the management, sale, or other
disposition of such property and the investment therein,
provided that such regular employees do not perform any of
the acts described in the definition of "broker" under
Section 1-10 of this Act in connection with a vocation of
selling or leasing any real estate or the improvements
thereon not so owned or leased.
(2) An attorney in fact acting under a duly executed and
recorded power of attorney to convey real estate from the
owner or lessor or the services rendered by an attorney at
law in the performance of the attorney's duty as an attorney
at law.
(3) Any person acting as receiver, trustee in
bankruptcy, administrator, executor, or guardian or while
acting under a court order or under the authority of a will
or testamentary trust.
(4) Any person acting as a resident manager for the
owner or any employee acting as the resident manager for a
broker managing an apartment building, duplex, or apartment
complex, when the resident manager resides on the premises,
the premises is his or her primary residence, and the
resident manager is engaged in the leasing of the property of
which he or she is the resident manager.
(5) Any officer or employee of a federal agency in the
conduct of official duties.
(6) Any officer or employee of the State government or
any political subdivision thereof performing official duties.
(7) Any multiple listing service or other information
exchange that is engaged in the collection and dissemination
of information concerning real estate available for sale,
purchase, lease, or exchange along with which no other
licensed activities are provided.
(8) Railroads and other public utilities regulated by
the State of Illinois, or the officers or full time employees
thereof, unless the performance of any licensed activities is
in connection with the sale, purchase, lease, or other
disposition of real estate or investment therein not needing
the approval of the appropriate State regulatory authority.
(9) Any medium of advertising in the routine course of
selling or publishing advertising along with which no other
licensed activities are provided.
(10) Any resident lessee of a residential dwelling unit
who refers for compensation to the owner of the dwelling
unit, or to the owner's agent, prospective lessees of
dwelling units in the same building or complex as the
resident lessee's unit, but only if the resident lessee (i)
refers no more than 3 prospective lessees in any 12-month
period, (ii) receives compensation of no more than $1,000 or
the equivalent of one month's rent, whichever is less, in any
12-month period, and (iii) limits his or her activities to
referring prospective lessees to the owner, or the owner's
agent, and does not show a residential dwelling unit to a
prospective lessee, discuss terms or conditions of leasing a
dwelling unit with a prospective lessee, or otherwise
participate in the negotiation of the leasing of a dwelling
unit.
(11) An exchange company registered under the Real
Estate Timeshare Act of 1999 and the regular employees of
that registered exchange company but only when conducting an
exchange program as defined in that Act.
(12) An existing timeshare owner who, for compensation,
refers prospective purchasers, but only if the existing
timeshare owner (i) refers no more than 20 prospective
purchasers in any calendar year, (ii) receives no more than
$1,000, or its equivalent, for referrals in any calendar year
and (iii) limits his or her activities to referring
prospective purchasers of timeshare interests to the
developer or the developer's employees or agents, and does
not show, discuss terms or conditions of purchase or
otherwise participate in negotiations with regard to
timeshare interests.
(13) (11) Any person who is licensed without examination
under Section 10-25 of the Auction License Act is exempt from
holding a broker's or salesperson's license under this Act
for the limited purpose of selling or leasing real estate at
auction, so long as:
(A) that person has made application for said
exemption by July 1, 2000;
(B) that person verifies to OBRE that he or
she has sold real estate at auction for a period of
5 years prior to licensure as an auctioneer;
(C) the person has had no lapse in his or her
license as an auctioneer; and
(D) the license issued under the Auction
License Act has not been disciplined for violation
of those provisions of Article 20 of the Auction
License Act dealing with or related to the sale or
lease of real estate at auction.
(Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00;
91-603, eff. 1-1-00; revised 10-27-99.)
(225 ILCS 454/15-20)
Sec. 15-20. Failure to disclose information not
affecting physical condition. No cause of action shall arise
against a licensee for the failure to disclose: (i) that an
occupant of the property was afflicted with Human
Immunodeficiency Virus (HIV) or any other medical condition;
(ii) that the property was the site of an act or occurrence
that had no effect on the physical condition of the property
or its environment or the structures located thereon; (iii)
fact situations on property that is not the subject of the
transaction; or (iv) physical conditions located on property
that is not the subject of the transaction that do not have a
substantial adverse effect on the value of the real estate
that is the subject of the transaction.
(Source: P.A. 91-245, eff. 12-31-99; revised 8-11-99.)
Section 72. The Meat and Poultry Inspection Act is
amended by changing Section 5 as follows:
(225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
Sec. 5. Exemptions - Producers, Retailers, and Poultry
Raisers.
The following types of establishments are exempt from the
specific provisions of this Act:
(A) A "producer" means any person engaged in producing
agricultural products, for personal or family use, on whose
farm the number of animals or poultry is in keeping with the
size of the farm or with the volume or character of the
agricultural products produced thereon, but does not mean any
person engaged in producing agricultural products who:
1. actively engages in buying or trading animals or
poultry or both; or
2. actively engages directly or indirectly in
conducting a business which includes the slaughter of
animals or poultry or both, for human food purposes; or
3. actively engages, directly or indirectly, in
canning, curing, pickling, freezing, salting meat or
poultry, or in preparing meat or poultry products for
sale; or
4. slaughters or permits any person to slaughter on
his or their farm animals or poultry not owned by the
producer for more than 30 days.
(A-5) Retail dealers or retail butchers with respect to
meat or poultry products sold directly to consumers in retail
stores; provided, that the only processing operation
performed by such retail dealers or retail butchers is the
cutting up of meat or poultry products which have been
inspected under the provisions of this Act and is incidental
to the operation of the retail food store.
(B) Poultry raisers with respect to poultry raised on
their own farms or premises (a) if such raisers slaughter,
eviscerate, or further process not more than 5,000 poultry
during the calendar year for which this exemption is being
granted; (b) such poultry raisers do not engage in buying or
selling poultry products other than those produced from
poultry raised on their own farms or premises; (c) such
poultry or poultry products are slaughtered, otherwise
prepared, sold or delivered to the consumer on or from the
premises for which the exemption is given; (d) such slaughter
or preparation shall be performed in sanitary facilities, in
a sanitary manner, and subject to periodic inspection by
Department personnel; (e) persons desiring such exemptions
shall submit in writing a request to the Department. The
exemption shall be effective upon written notice from the
Department and shall remain in effect for a period of 2
years, unless revoked. Adequate records must be maintained
to assure that not more than the number of exempted poultry
are slaughtered or processed in one calendar year. Such
records shall be kept for one year following the termination
of each exemption. Any advertisement regarding the exempt
poultry or poultry products shall reflect the fact of
exemption so as not to mislead the consumer to presume
official inspection has been made under The Meat and Poultry
Inspection Act.
(Source: P.A. 91-170, eff. 1-1-00; 91-614, eff. 1-1-00;
revised 10-12-99.)
Section 73. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 12.1 and 28 as follows:
(230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1)
Sec. 12.1. (a) The General Assembly finds that the
Illinois Racing Industry does not include a fair proportion
of minority or female workers.
Therefore, the General Assembly urges that the job
training institutes, trade associations and employers
involved in the Illinois Horse Racing Industry take
affirmative action to encourage equal employment opportunity
to all workers regardless of race, color, creed or sex.
Before an organization license, inter-track wagering
license or inter-track wagering location license can be
granted, the applicant for any such license shall execute and
file with the Board a good faith affirmative action plan to
recruit, train and upgrade minorities and females in all
classifications with the applicant for license. One year
after issuance of any such license, and each year thereafter,
the licensee shall file a report with the Board evidencing
and certifying compliance with the originally filed
affirmative action plan.
(b) At least 10% of the total amount of all State
contracts for the infrastructure improvement of any race
track grounds in this State shall be let to minority owned
businesses or female owned businesses. "State contract",
"minority owned business" and "female owned business" shall
have the meanings ascribed to them under the Minority and
Female Business Enterprise for Minorities, Females, and
Persons with Disabilities Act.
(Source: P.A. 89-16, eff. 5-30-95; revised 8-23-99.)
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section
27 of this Act, moneys collected shall be distributed
according to the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received
by the State as privilege taxes shall be paid into the
Metropolitan Fair and Exposition Authority Reconstruction
Fund in the State treasury until such Fund contains
sufficient money to pay in full, both principal and interest,
all of the outstanding bonds issued pursuant to the Fair and
Exposition Authority Reconstruction Act, approved July 31,
1967, as amended, and thereafter shall be paid into the
Metropolitan Exposition Auditorium and Office Building Fund
in the State Treasury.
(b) Four and one-half per cent of the total of all
monies received by the State as privilege taxes shall be paid
into the State treasury into a special Fund to be known as
the "Metropolitan Exposition, Auditorium, and Office Building
Fund".
(c) Fifty per cent of the total of all monies received
by the State as privilege taxes under the provisions of this
Act shall be paid into the "Agricultural Premium Fund".
(d) Seven per cent of the total of all monies received
by the State as privilege taxes shall be paid into the Fair
and Exposition Fund in the State treasury; provided, however,
that when all bonds issued prior to July 1, 1984 by the
Metropolitan Fair and Exposition Authority shall have been
paid or payment shall have been provided for upon a refunding
of those bonds, thereafter 1/12 of $1,665,662 of such monies
shall be paid each month into the Build Illinois Fund, and
the remainder into the Fair and Exposition Fund. All excess
monies shall be allocated to the Department of Agriculture
for distribution to county fairs for premiums and
rehabilitation as set forth in the Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the "Illinois Race Track Improvement Fund" as
established in Section 32.
(h) All other monies received by the Board under this
Act shall be paid into the General Revenue Fund of the State.
(i) The salaries of the Board members, secretary,
stewards, directors of mutuels, veterinarians,
representatives, accountants, clerks, stenographers,
inspectors and other employees of the Board, and all expenses
of the Board incident to the administration of this Act,
including, but not limited to, all expenses and salaries
incident to the taking of saliva and urine samples in
accordance with the rules and regulations of the Board shall
be paid out of the Agricultural Premium Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois
State Fair and the DuQuoin State Fair, including the
payment of prize money or premiums;
(2) for the distribution to county fairs,
vocational agriculture section fairs, agricultural
societies, and agricultural extension clubs in accordance
with the "Agricultural Fair Act", as amended;
(3) for payment of prize monies and premiums
awarded and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums,
and awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural
and Home Economic Extension Councils in the several
counties in this State and making an appropriation
therefor", approved July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine
diseases to students at the University of Illinois
College of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance
of the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and
control of the Department of Agriculture;
(9) for the expenses of the Department of
Agriculture under Section 5-530 of the Departments of
State Government Law (20 ILCS 5/5-530);
(10) for the expenses of the Department of Commerce
and Community Affairs under Sections 605-620, 605-625,
and 605-630 of the Department of Commerce and Community
Affairs Law (20 ILCS 605/605-620, 605/605-625, and
605/605-630);
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of disabled veterans of any war
and their surviving spouses and orphans;
(13) for expenses of the Department of State Police
for duties performed under this Act;
(14) for the Department of Agriculture for soil
surveys and soil and water conservation purposes;
(15) for the Department of Agriculture for grants
to the City of Chicago for conducting the Chicagofest.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor
in excess of the amount necessary for the purposes herein
stated, the Governor shall notify the Comptroller and the
State Treasurer of such fact, who, upon receipt of such
notification, shall transfer such excess monies from the
Agricultural Premium Fund to the General Revenue Fund.
(Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00;
revised 8-9-99.)
Section 75. The Grain Code is amended by changing
Sections 1-10 and 1-15 as follows:
(240 ILCS 40/1-10)
Sec. 1-10. Definitions. As used in this Act:
"Board" means the governing body of the Illinois Grain
Insurance Corporation.
"Certificate" means a document, other than the license,
issued by the Department that certifies that a grain dealer's
license has been issued and is in effect.
"Claimant" means:
(a) a person, including, without limitation, a lender:
(1) who possesses warehouse receipts issued from an
Illinois location covering grain owned or stored by a
failed warehouseman; or
(2) who has other written evidence of a storage
obligation of a failed warehouseman issued from an
Illinois location in favor of the holder, including, but
not limited to, scale tickets, settlement sheets, and
ledger cards; or
(3) who has loaned money to a warehouseman and was
to receive a warehouse receipt issued from an Illinois
location as security for that loan, who surrendered
warehouse receipts as part of a grain sale at an Illinois
location, or who delivered grain out of storage with the
warehouseman as part of a grain sale at an Illinois
location; and
(i) the grain dealer or warehouseman failed
within 21 days after the loan of money, the
surrender of warehouse receipts, or the delivery of
grain, as the case may be, and no warehouse receipt
was issued or payment in full was not made on the
grain sale, as the case may be; or
(ii) written notice was given by the person to
the Department within 21 days after the loan of
money, the surrender of warehouse receipts, or the
delivery of grain, as the case may be, stating that
no warehouse receipt was issued or payment in full
made on the grain sale, as the case may be; or
(b) a producer not included in item (a)(3) in the
definition of "Claimant" who possesses evidence of the sale
at an Illinois location of grain delivered to a failed grain
dealer and who was not paid in full.
"Class I warehouseman" means a warehouseman who is
authorized to issue negotiable and non-negotiable warehouse
receipts.
"Class II warehouseman" means a warehouseman who is
authorized to issue only non-negotiable warehouse receipts.
"Code" means the Grain Code.
"Collateral" means:
(a) irrevocable letters of credit;
(b) certificates of deposit;
(c) cash or a cash equivalent; or
(d) any other property acceptable to the Department to
the extent there exists equity in that property. For the
purposes of this item (d), "equity" is the amount by which
the fair market value of the property exceeds the amount owed
to a creditor who has a valid, prior, perfected security
interest in or other lien on the property.
"Corporation" means the Illinois Grain Insurance
Corporation.
"Daily position record" means a grain inventory
accountability record maintained on a daily basis that
includes an accurate reflection of changes in grain
inventory, storage obligations, company-owned inventory by
commodity, and other information that is required by the
Department.
"Daily grain transaction report" means a record of the
daily transactions of a grain dealer showing the amount of
all grain received and shipped during each day and the amount
on hand at the end of each day.
"Date of delivery of grain" means:
(a) the date grain is delivered to a grain dealer for
the purpose of sale;
(b) the date grain is delivered to a warehouseman for
the purpose of storage; or
(c) in reference to grain in storage with a
warehouseman, the date a warehouse receipt representing
stored grain is delivered to the issuer of the warehouse
receipt for the purpose of selling the stored grain or, if no
warehouse receipt was issued:
(1) the date the purchase price for stored grain is
established; or
(2) if sold by price later contract, the date of
the price later contract.
"Department" means the Illinois Department of
Agriculture.
"Depositor" means a person who has evidence of a storage
obligation from a warehouseman.
"Director", unless otherwise provided, means the Illinois
Director of Agriculture, or the Director's designee.
"Emergency storage" means space measured in bushels and
used for a period of time not to exceed 3 months for storage
of grain as a consequence of an emergency situation.
"Equity assets" means:
(a) The equity in any property of the licensee or failed
licensee, other than grain assets. For purposes of this item
(a):
(1) "equity" is the amount by which the fair market
value of the property exceeds the amount owed to a
creditor who has a valid security interest in or other
lien on the property that was perfected before the date
of failure of the licensee;
(2) a creditor is not deemed to have a valid
security interest or other lien on property if (i) the
property can be directly traced as being from the sale of
grain by the licensee or failed licensee; (ii) the
security interest was taken as additional collateral on
account of an antecedent debt owed to the creditor; and
(iii) the security interest or other lien was perfected
(A) on or within 90 days before the date of failure of
the licensee or (B) when the creditor is a related
person, within one year of the date of failure of the
licensee.
"Failure" means, in reference to a licensee:
(a) a formal declaration of insolvency;
(b) a revocation of a license;
(c) a failure to apply for license renewal, leaving
indebtedness to claimants;
(d) a denial of license renewal, leaving indebtedness to
claimants; or
(e) a voluntary surrender of a license, leaving
indebtedness to claimants.
"Federal warehouseman" means a warehouseman licensed by
the United States government under the United States
Warehouse Act (7 U.S.C. 241 et seq.).
"Fund" means the Illinois Grain Insurance Fund.
"Grain" means corn, soybeans, wheat, oats, rye, barley,
grain sorghum, canola, buckwheat, flaxseed, edible soybeans,
and other like agricultural commodities designated by rule.
"Grain assets" means:
(a) all grain owned and all grain stored by a licensee
or failed licensee, wherever located;
(b) redeposited grain of a licensee or failed licensee;
(c) identifiable proceeds, including, but not limited
to, insurance proceeds, received by or due to a licensee or
failed licensee resulting from the sale, exchange,
destruction, loss, or theft of grain, or other disposition of
grain by the licensee or failed licensee; or
(d) assets in hedging or speculative margin accounts
held by commodity or security exchanges on behalf of a
licensee or failed licensee and any moneys due or to become
due to a licensee or failed licensee, less any secured
financing directly associated with those assets or moneys,
from any transactions on those exchanges.
For purposes of this Act, storage charges, drying
charges, price later contract service charges, and other
grain service charges received by or due to a licensee or
failed licensee shall not be deemed to be grain assets, nor
shall such charges be deemed to be proceeds from the sale or
other disposition of grain by a licensee or a failed
licensee, or to have been directly or indirectly traceable
from, to have resulted from, or to have been derived in whole
or in part from, or otherwise related to, the sale or other
disposition of grain by the licensee or failed licensee.
"Grain dealer" means a person who is licensed by the
Department to engage in the business of buying grain from
producers.
"Grain Indemnity Trust Account" means a trust account
established by the Director under Section 205-410 of the
Department of Agriculture Law (20 ILCS 205/205-410) that is
used for the receipt and disbursement of moneys paid from the
Fund and proceeds from the liquidation of and collection upon
grain assets, equity assets, collateral, or guarantees of or
relating to failed licensees. The Grain Indemnity Trust
Account shall be used to pay valid claims, authorized refunds
from the Fund, and expenses incurred in preserving,
liquidating, and collecting upon grain assets, equity assets,
collateral, and guarantees relating to failed licensees.
"Guarantor" means a person who assumes all or part of the
obligations of a licensee to claimants.
"Guarantee" means a document executed by a guarantor by
which the guarantor assumes all or part of the obligations of
a licensee to claimants.
"Incidental grain dealer" means a grain dealer who
purchases grain only in connection with a feed milling
operation and whose total purchases of grain from producers
during the grain dealer's fiscal year do not exceed $100,000.
"Licensed storage capacity" means the maximum grain
storage capacity measured in bushels approved by the
applicable licensing agency for use by a warehouseman.
"Licensee" means a grain dealer or warehouseman who is
licensed by the Department and a federal warehouseman that is
a participant in the Fund, under subsection (c) of Section
30-10.
"Official grain standards" means the official grade
designations as adopted by the United States Department of
Agriculture under the United States Grain Standards Act and
regulations adopted under that Act (7 U.S.C. 71 et seq. and 7
CFR 810.201 et seq.).
"Permanent storage capacity" means the capacity of
permanent structures available for storage of grain on a
regular and continuous basis and measured in bushels.
"Person" means any individual or entity, including, but
not limited to, a sole proprietorship, a partnership, a
corporation, a cooperative, an association, a limited
liability company, an estate, or a trust.
"Price later contract" means a written contract for the
sale of grain whereby any part of the purchase price may be
established by the seller after delivery of the grain to a
grain dealer according to a pricing formula contained in the
contract. Title to the grain passes to the grain dealer at
the time of delivery. The precise form and the general terms
and conditions of the contract shall be established by rule.
"Producer" means the owner, tenant, or operator of land
who has an interest in and receives all or part of the
proceeds from the sale of the grain produced on the land.
"Producer protection holding corporation" means a holding
corporation to receive, hold title to, and liquidate assets
of or relating to a failed licensee, including assets in
reference to collateral or guarantees relating to a failed
licensee.
"Related persons" means affiliates of a licensee, key
persons of a licensee, owners of a licensee, and persons who
have control over a licensee. For the purposes of this
definition:
(a) "Affiliate" means a person who has direct or
indirect control of a licensee, is controlled by a
licensee, or is under common control with a licensee.
(b) "Key person" means an officer, a director, a
trustee, a partner, a proprietor, a manager, a managing
agent, or the spouse of a licensee. An officer or a
director of an entity organized or operating as a
cooperative, however, shall not be considered to be a
"key person".
(c) "Owner" means the holder of: over 10% of the
total combined voting power of a corporation or over 10%
of the total value of shares of all classes of stock of a
corporation; over a 10% interest in a partnership; over
10% of the value of a trust computed actuarially; or over
10% of the legal or beneficial interest in any other
business, association, endeavor, or entity that is a
licensee. For purposes of computing these percentages, a
holder is deemed to own stock or other interests in a
business entity whether the ownership is direct or
indirect.
(d) "Control" means the power to exercise authority
over or direct the management or policies of a business
entity.
(e) "Indirect" means an interest in a business held
by the holder not through the holder's actual holdings in
the business, but through the holder's holdings in other
businesses.
(f) Notwithstanding any other provision of this
Act, the term "related person" does not include a lender,
secured party, or other lien holder solely by reason of
the existence of the loan, security interest, or lien, or
solely by reason of the lender, secured party, or other
lien holder having or exercising any right or remedy
provided by law or by agreement with a licensee or a
failed licensee.
"Successor agreement" means an agreement by which a
licensee succeeds to the grain obligations of a former
licensee.
"Temporary storage space" means space measured in bushels
and used for 6 months or less for storage of grain on a
temporary basis due to a need for additional storage in
excess of permanent storage capacity.
"Trust account" means the Grain Indemnity Trust Account.
"Valid claim" means a claim, submitted by a claimant,
whose amount and category have been determined by the
Department, to the extent that determination is not subject
to further administrative review or appeal.
"Warehouse" means a building, structure, or enclosure in
which grain is stored for the public for compensation,
whether grain of different owners is commingled or whether
identity of different lots of grain is preserved.
"Warehouse receipt" means a receipt for the storage of
grain issued by a warehouseman.
"Warehouseman" means a person who is licensed:
(a) by the Department to engage in the business of
storing grain for compensation; or
(b) under the United States Warehouse Act who
participates in the Fund under subsection (c) of Section
30-10.
(Source: P.A. 91-213, eff. 7-20-99; 91-239, eff. 1-1-00;
revised 10-13-99.)
(240 ILCS 40/1-15)
Sec. 1-15. Powers and duties of Director. The Director
has all powers necessary and proper to fully and effectively
execute the provisions of this Code and has the general duty
to implement this Code. The Director's powers and duties
include, but are not limited to, the following:
(1) The Director may, upon application, issue or refuse
to issue licenses under this Code, and the Director may
extend, renew, reinstate, suspend, revoke, or accept
voluntary surrender of licenses under this Code.
(2) The Director shall examine and inspect each licensee
at least once each calendar year. The Director may inspect
the premises used by a licensee at any time. The books,
accounts, records, and papers of a licensee are at all times
during business hours subject to inspection by the Director.
Each licensee may also be required to make reports of its
activities, obligations, and transactions that are deemed
necessary by the Director to determine whether the interests
of producers and the holders of warehouse receipts are
adequately protected and safeguarded. The Director may take
action or issue orders that in the opinion of the Director
are necessary to prevent fraud upon or discrimination against
producers or depositors by a licensee.
(3) The Director may, upon his or her initiative or upon
the written verified complaint of any person setting forth
facts that if proved would constitute grounds for a refusal
to issue or renew a license or for a suspension or revocation
of a license, investigate the actions of any person applying
for, holding, or claiming to hold a license or any related
party of that person.
(4) The Director (but not the Director's designee) may
issue subpoenas and bring before the Department any person
and take testimony either at an administrative hearing or by
deposition with witness fees and mileage fees and in the same
manner as prescribed in the Code of Civil Procedure. The
Director or the Director's designee may administer oaths to
witnesses at any proceeding that the Department is authorized
by law to conduct. The Director (but not the Director's
designee) may issue subpoenas duces tecum to command the
production of records relating to a licensee, guarantor,
related business, related person, or related party. Subpoenas
are subject to the rules of the Department.
(5) Notwithstanding other judicial remedies, the
Director may file a complaint and apply for a temporary
restraining order or preliminary or permanent injunction
restraining or enjoining any person from violating or
continuing to violate this Code or its rules.
(6) The Director shall act as Trustee for the Trust
Account, act as Trustee over all collateral, guarantees,
grain assets, and equity assets held by the Department for
the benefit of claimants, and exercise certain powers and
perform related duties under Section 20-5 of this Code and
Section 205-410 of the Department of Agriculture Law (20 ILCS
205/205-410), except that the provisions of the Trust and
Trustees Act do not apply to the Trust Account or any other
trust created under this Code.
(7) The Director shall personally serve as president of
the Corporation.
(8) The Director shall collect and deposit all monetary
penalties, printer registration fees, funds, and assessments
authorized under this Code into the Fund.
(9) The Director may initiate any action necessary to
pay refunds from the Fund.
(10) The Director shall maintain a holding corporation
to receive, hold title to, and liquidate assets of or
relating to a failed licensee, including assets in reference
to collateral or guarantees, and deposit the proceeds into
the Fund.
(11) The Director may initiate, participate in, or
withdraw from any proceedings to liquidate and collect upon
grain assets, equity assets, collateral, and guarantees
relating to a failed licensee, including, but not limited to,
all powers needed to carry out the provisions of Section
20-15.
(12) The Director, as Trustee or otherwise, may take any
action that may be reasonable or appropriate to enforce this
Code and its rules.
(Source: P.A. 91-213, eff. 7-20-99; 91-239, eff. 1-1-00;
revised 10-13-99.)
Section 76. The Illinois Public Aid Code is amended by
changing Sections 5-2, 5-5, 9-1, 10-3.1, 10-8, 10-10,
10-10.5, 10-11.1, 10-15, 10-16, 10-19, and 12-9 as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical
assistance under this Article shall be available to any of
the following classes of persons in respect to whom a plan
for coverage has been submitted to the Governor by the
Illinois Department and approved by him:
1. Recipients of basic maintenance grants under Articles
III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV but who fail to qualify thereunder
on the basis of need, and who have insufficient income and
resources to meet the costs of necessary medical care,
including but not limited to the following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in fiscal
year 2001, equal to or less than 85% in fiscal year
2002, and equal to or less than 100% in fiscal year
2003 and thereafter of the nonfarm income official
poverty line, as defined by the federal Office of
Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families
of the same size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002, and equal to or less than 100% in
fiscal year 2003 and thereafter of the nonfarm
income official poverty line, as defined in item (i)
of this subparagraph (a).
(b) All persons who would be determined eligible
for such basic maintenance under Article IV by
disregarding the maximum earned income permitted by
federal law.
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5. (a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care
to the maximum extent possible under Title XIX of the
Federal Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care to
the maximum extent permitted under Title XIX of the Federal
Social Security Act.
7. Persons who are 18 years of age or younger and would
qualify as disabled as defined under the Federal Supplemental
Security Income Program, provided medical service for such
persons would be eligible for Federal Financial
Participation, and provided the Illinois Department
determines that:
(a) the person requires a level of care provided by
a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician licensed
to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than the
estimated amount which would be expended in an
institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of adults
and children who become ineligible for basic maintenance
assistance under Article VI of this Code due to employment
earnings. The plan for coverage for this class of persons
shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic maintenance
assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and coverage
shall be reinstated upon the filing of such reports
if the person remains otherwise eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require the
level of care provided in an inpatient hospital, skilled
nursing facility or intermediate care facility the cost of
which is reimbursed under this Article. Assistance shall be
provided to such persons to the maximum extent permitted
under Title XIX of the Federal Social Security Act.
10. Participants in the long-term care insurance
partnership program established under the Partnership for
Long-Term Care Act who meet the qualifications for protection
of resources described in Section 25 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
provided by the Illinois Department by rule.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7
as soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any
grant under the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The Department shall by rule
establish the amounts of assets to be disregarded in
determining eligibility for medical assistance, which shall
at a minimum equal the amounts to be disregarded under the
Federal Supplemental Security Income Program. The amount of
assets of a single person to be disregarded shall not be less
than $2,000, and the amount of assets of a married couple to
be disregarded shall not be less than $3,000.
To the extent permitted under federal law, any person
found guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance
under this Article shall not be affected by the receipt by
the person of donations or benefits from fundraisers held for
the person in cases of serious illness, as long as neither
the person nor members of the person's family have actual
control over the donations or benefits or the disbursement of
the donations or benefits.
(Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00;
91-712, eff. 7-1-00; revised 6-26-00.)
(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.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of
payment for any laboratory test authorized under this
Article, that a physician's handwritten signature appear on
the laboratory test order form. The Illinois Department may,
however, impose other appropriate requirements regarding
laboratory test order documentation.
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 and an annual
mammogram for women 40 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. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating
between service providers.
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. 90-7, eff. 6-10-97; 90-14, eff. 7-1-97; 91-344,
eff. 1-1-00; 91-462, eff. 8-6-99; 91-666, eff. 12-22-99;
revised 1-6-00.)
(305 ILCS 5/9-1) (from Ch. 23, par. 9-1)
Sec. 9-1. Declaration of Purpose. It is the purpose of
this Article to aid applicants for and recipients of public
aid under Articles III, IV, V, VI and VII, to increase their
capacities for self-support, self-care, and responsible
citizenship, and to assist them in maintaining and
strengthening family life. If authorized pursuant to Section
9-8, this Article may be extended to former and potential
recipients and to persons whose income does not exceed the
standard established to determine eligibility for aid as a
medically indigent person under Article V. The Department,
with the written consent of the Governor, may also:
(a) extend this Article to individuals and their
families with income closely related to national indices of
poverty who have special needs resulting from
institutionalization of a family member or conditions that
may lead to institutionalization or who live in impoverished
areas or in facilities developed to serve persons of low
income;
(b) establish, where indicated, schedules of payment for
service provided based on ability to pay;
(c) provide for the coordinated delivery of the services
described in this Article and related services offered by
other public or private agencies or institutions, and
cooperate with the Illinois Department on Aging to enable it
to properly execute and fulfill its duties pursuant to the
provisions of Section 4.01 of the "Illinois Act on the
Aging", as now or hereafter amended;
(d) provide in-home care services, such as chore and
housekeeping services or homemaker services, to recipients of
public aid under Articles IV and VI, the scope and
eligibility criteria for such services to be determined by
rule; and
(e) contract with other State agencies for the purchase
of social service under Title XX of the Social Security Act,
such services to be provided pursuant to such other agencies'
enabling legislation; and.
(f) cooperate with the Illinois Department of Public Aid
to provide services to public aid recipients for the
treatment and prevention of alcoholism and substance abuse.
(Source: P.A. 89-507, eff. 7-1-97; revised 1-16-01.)
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The
Illinois Department shall establish within its administrative
staff a Child and Spouse Support Unit to search for and
locate absent parents and spouses liable for the support of
persons resident in this State and to exercise the support
enforcement powers and responsibilities assigned the
Department by this Article. The unit shall cooperate with
all law enforcement officials in this State and with the
authorities of other States in locating persons responsible
for the support of persons resident in other States and shall
invite the cooperation of these authorities in the
performance of its duties.
In addition to other duties assigned the Child and Spouse
Support Unit by this Article, the Unit may refer to the
Attorney General or units of local government with the
approval of the Attorney General, any actions under Sections
10-10 and 10-15 for judicial enforcement of the support
liability. The Child and Spouse Support Unit shall act for
the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in
Section 12-16, attorneys of the Unit may assist the Attorney
General or themselves institute actions in behalf of the
Illinois Department under the Revised Uniform Reciprocal
Enforcement of Support Act; under the Illinois Parentage Act
of 1984; under the Non-Support of Spouse and Children Act;
under the Non-Support Punishment Act; or under any other law,
State or Federal, providing for support of a spouse or
dependent child.
The Illinois Department shall also have the authority to
enter into agreements with local governmental units or
individuals, with the approval of the Attorney General, for
the collection of moneys owing because of the failure of a
parent to make child support payments for any child receiving
services under this Article. Such agreements may be on a
contingent fee basis, but such contingent fee shall not
exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this
Section shall represent the Illinois Department exclusively.
Regardless of the designation of the plaintiff in an action
brought pursuant to this Section, an attorney-client
relationship does not exist for purposes of that action
between that attorney and (i) an applicant for or recipient
of child and spouse support services or (ii) any other party
to the action other than the Illinois Department. Nothing in
this Section shall be construed to modify any power or duty
(including a duty to maintain confidentiality) of the Child
and Spouse Support Unit or the Illinois Department otherwise
provided by law.
The Illinois Department may also enter into agreements
with local governmental units for the Child and Spouse
Support Unit to exercise the investigative and enforcement
powers designated in this Article, including the issuance of
administrative orders under Section 10-11, in locating
responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments
obtained shall be deposited into the DHS Recoveries Trust
Fund. Support payments shall be paid over to the General
Assistance Fund of the local governmental unit at such time
or times as the agreement may specify.
With respect to those cases in which it has support
enforcement powers and responsibilities under this Article,
the Illinois Department may provide by rule for periodic or
other review of each administrative and court order for
support to determine whether a modification of the order
should be sought. The Illinois Department shall provide for
and conduct such review in accordance with any applicable
federal law and regulation.
As part of its process for review of orders for support,
the Illinois Department, through written notice, may require
the responsible relative to disclose his or her Social
Security Number and past and present information concerning
the relative's address, employment, gross wages, deductions
from gross wages, net wages, bonuses, commissions, number of
dependent exemptions claimed, individual and dependent health
insurance coverage, and any other information necessary to
determine the relative's ability to provide support in a case
receiving child and spouse support services under this
Article X.
The Illinois Department may send a written request for
the same information to the relative's employer. The
employer shall respond to the request for information within
15 days after the date the employer receives the request. If
the employer willfully fails to fully respond within the
15-day period, the employer shall pay a penalty of $100 for
each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought
against the employer in favor of the Illinois Department.
A written request for information sent to an employer
pursuant to this Section shall consist of (i) a citation of
this Section as the statutory authority for the request and
for the employer's obligation to provide the requested
information, (ii) a returnable form setting forth the
employer's name and address and listing the name of the
employee with respect to whom information is requested, and
(iii) a citation of this Section as the statutory authority
authorizing the employer to withhold a fee of up to $20 from
the wages or income to be paid to each responsible relative
for providing the information to the Illinois Department
within the 15-day period. If the employer is withholding
support payments from the responsible relative's income
pursuant to an order for withholding, the employer may
withhold the fee provided for in this Section only after
withholding support as required under the order. Any amounts
withheld from the responsible relative's income for payment
of support and the fee provided for in this Section shall not
be in excess of the amounts permitted under the federal
Consumer Credit Protection Act.
In a case receiving child and spouse support services,
the Illinois Department may request and obtain information
from a particular employer under this Section no more than
once in any 12-month period, unless the information is
necessary to conduct a review of a court or administrative
order for support at the request of the person receiving
child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and
Spouse Support Unit information supplied by persons applying
for or receiving child and spouse support services under
Section 10-1. In addition, the Illinois Department shall
address and respond to any alleged deficiencies that persons
receiving or applying for services from the Child and Spouse
Support Unit may identify concerning the Child and Spouse
Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by
the Child and Spouse Support Unit that affects his or her
case, a recipient of or applicant for child and spouse
support services under Article X of this Code may request an
explanation of the Unit's handling of the case. At the
requestor's option, the explanation may be provided either
orally in an interview, in writing, or both. If the Illinois
Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant
or recipient within 30 days from the date of the request for
an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of
the Administrator of the Child and Spouse Support Unit. A
request for a conference may be submitted at any time within
60 days after the explanation has been provided by the Child
and Spouse Support Unit or within 60 days after the time for
providing the explanation has expired.
The applicant or recipient may request a conference
concerning any decision denying or terminating child or
spouse support services under Article X of this Code, and the
applicant or recipient may also request a conference
concerning the Unit's failure to provide services or the
provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the
Child and Spouse Support Unit includes all local governmental
units or individuals with whom the Illinois Department has
contracted under Section 10-3.1.
Upon receipt of a timely request for a conference, the
Office of the Administrator shall review the case. The
applicant or recipient requesting the conference shall be
entitled, at his or her option, to appear in person or to
participate in the conference by telephone. The applicant or
recipient requesting the conference shall be entitled to be
represented and to be afforded a reasonable opportunity to
review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient
requesting the conference shall be afforded an opportunity to
present all relevant matters in support of his or her claim.
Conferences shall be without cost to the applicant or
recipient requesting the conference and shall be conducted by
a representative of the Child or Spouse Support Unit who did
not participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a
conference and inform all interested parties, in writing, of
the results of the conference within 60 days from the date of
filing of the request for a conference.
In addition to its other powers and responsibilities
established by this Article, the Child and Spouse Support
Unit shall conduct an annual assessment of each institution's
program for institution based paternity establishment under
Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97; 91-24, eff. 7-1-99; 91-613,
eff. 10-1-99; revised 9-28-99.)
(305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
Sec. 10-8. Support Payments - Partial Support - Full
Support. The notice to responsible relatives issued pursuant
to Section 10-7 shall direct payment (a) to the Illinois
Department in cases of applicants and recipients under
Articles III, IV, V and VII, (b) except as provided in
Section 10-3.1, to the local governmental unit in the case of
applicants and recipients under Article VI, and (c) to the
Illinois Department in cases of non-applicants and
non-recipients given access to the child and spouse support
services of this Article, as provided by Section 10-1.
However, if the support payments by responsible relatives are
sufficient to meet needs of a recipient in full, including
current and anticipated medical needs, and the Illinois
Department or the local governmental unit, as the case may
be, has reasonable grounds to believe that such needs will
continue to be provided in full by the responsible relatives,
the relatives may be directed to make subsequent support
payments to the needy person or to some person or agency in
his behalf and the recipient shall be removed from the rolls.
In such instance the recipient also shall be notified by
registered or certified mail of the action taken. If a
recipient removed from the rolls requests the Illinois
Department to continue to collect the support payments in his
behalf, the Department, at its option, may do so and pay
amounts so collected to the person. The Department may
provide for deducting any costs incurred by it in making the
collection from the amount of any recovery made and pay only
the net amount to the person.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All payments under
this Section to the Illinois Department of Human Services
shall be deposited in the DHS Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9.1 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that
unit's General Assistance Fund.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
revised 9-28-99.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII; (b) applicants
or recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
If (i) the responsible relative was properly served with
a request for discovery of financial information relating to
the responsible relative's ability to provide child support,
(ii) the responsible relative failed to comply with the
request, despite having been ordered to do so by the court,
and (iii) the responsible relative is not present at the
hearing to determine support despite having received proper
notice, then any relevant financial information concerning
the responsible relative's ability to provide child support
that was obtained pursuant to subpoena and proper notice
shall be admitted into evidence without the need to establish
any further foundation for its admission.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Job Jobs Training
Partnership Act provider for participation in job search,
training or work programs and where the duty of support is
owed to a child receiving support services under this Article
X, the court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under this Article X, the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the notification
in the court file shall not, however, affect the Illinois
Department's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All payments under
this Section to the Illinois Department of Human Services
shall be deposited in the DHS Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9.1 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that
unit's General Assistance Fund.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
eff. 7-29-99; 91-767, eff. 6-9-00; revised 1-16-01.)
(305 ILCS 5/10-10.5)
Sec. 10-10.5. Information to State Case Registry.
(a) When an order for support is entered or modified by
the circuit court under Section 10-10, the clerk of the
circuit court shall, within 5 business days, provide to the
Illinois Department's State Case Registry established under
Section 10-27 of this Code the court docket number and county
in which the order is entered or modified and the following
information, which the parties shall disclose to the court:
(1) The names of the custodial and non-custodial
parents and the child or children covered by the order.
(2) The dates of birth of the custodial and
non-custodial parents and of the child or children
covered by the order.
(3) The social security numbers of the custodial
and non-custodial parents and of the child or children
covered by the order.
(4) The residential and mailing addresses for the
custodial and non-custodial parents.
(5) The telephone numbers for the custodial and
non-custodial parents.
(6) The driver's license numbers for the custodial
and non-custodial parents.
(7) The name, address, and telephone number of each
parent's employer or employers.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of this Code, the clerk
shall provide the State Case Registry with the following
information:
(1) The information specified in subsection (a) of
this Section.
(2) The amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest, or late payment penalties and fees,
due or overdue under the order.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to be the disclosed
under this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department's
request for that updated information.
(Source: P.A. 91-212, eff. 7-20-99; revised 1-16-01.)
(305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
Sec. 10-11.1. (a) Whenever it is determined in a
proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that
the responsible relative is unemployed, and support is sought
on behalf of applicants for or recipients of financial aid
under Article IV of this Code or other persons who are given
access to the child and spouse support services of this
Article as provided in Section 10-1, the administrative
enforcement unit may order the responsible relative to report
to the Illinois Department for participation in job search,
training or work programs established under Section 9-6 and
Article IXA of this Code or to the Illinois Department of
Employment Security for job search services or to make
application with the local Job Jobs Training Partnership Act
provider for participation in job search, training or work
programs.
(b) Whenever it is determined that a responsible
relative owes past-due support for a child under an
administrative support order entered under subsection (b) of
Section 10-7 or under Section 10-11 or 10-17.1 and the child
is receiving assistance under this Code, the administrative
enforcement unit shall order the following:
(1) that the responsible relative pay the past-due
support in accordance with a plan approved by the
administrative enforcement unit; or
(2) if the responsible relative owing past-due
support is unemployed, is subject to such a plan, and is
not incapacitated, that the responsible relative
participate in job search, training, or work programs
established under Section 9-6 and Article IXA of this
Code.
(Source: P.A. 90-18, eff. 7-1-97; revised 2-23-00.)
(305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
Sec. 10-15. Enforcement of administrative order; costs
and fees. If a responsible relative refuses, neglects, or
fails to comply with a final administrative support or
reimbursement order of the Illinois Department entered by the
Child and Spouse Support Unit pursuant to Sections 10-11 or
10-11.1 or registered pursuant to Section 10-17.1, the Child
and Spouse Support Unit may file suit against the responsible
relative or relatives to secure compliance with the
administrative order.
Suits shall be instituted in the name of the People of
the State of Illinois on the relation of the Department of
Public Aid of the State of Illinois and the spouse or
dependent children for whom the support order has been
issued.
The court shall order the payment of the support
obligation, or orders for reimbursement of moneys for support
provided, directly to the Illinois Department but the order
shall permit the Illinois Department to direct the
responsible relative or relatives to make payments of support
directly to the spouse or dependent children, or to some
person or agency in his or their behalf, as provided in
Section 10-8 or 10-10, as applicable.
Whenever it is determined in a proceeding to enforce an
administrative order that the responsible relative is
unemployed, and support is sought on behalf of applicants for
or recipients of financial aid under Article IV of this Code
or other persons who are given access to the child and spouse
support services of this Article as provided in Section 10-1,
the court may order the responsible relative to seek
employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in
accordance with such order. In addition, the court may order
the unemployed responsible relative to report to the Illinois
Department for participation in job search, training or work
programs established under Section 9-6 of this Code or to the
Illinois Department of Employment Security for job search
services or to make application with the local Job Jobs
Training Partnership Act provider for participation in job
search, training or work programs.
Charges imposed in accordance with the provisions of
Section 10-21 shall be enforced by the Court in a suit filed
under this Section.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-212, eff. 7-20-99; revised 2-23-00.)
(305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
Sec. 10-16. Judicial enforcement of court and
administrative support orders. Court orders entered in
proceedings under Section 10-10 and court orders for
enforcement of an administrative order under Section 10-15
and for the payment of money may be enforced by attachment as
for contempt against the persons of the defendants, and in
addition, as other judgments for the payment of money, and
costs may be adjudged against the defendants and apportioned
among them; but if the complaint is dismissed, costs shall be
borne by the Illinois Department or the local governmental
unit, as the case may be. If a responsible relative is
directed by the Illinois Department, or the local
governmental unit, under the conditions stated in Section
10-8, to make support payments directly to the person, or to
some person or agency in his behalf, the court order entered
against him under this Section or Section 10-10 may be
enforced as herein provided if he thereafter fails to furnish
support in accordance with its terms. The State of Illinois
shall not be required to make a deposit for or pay any costs
or fees of any court or officer thereof in any proceeding
instituted under this Section.
The provisions of the Civil Practice Law, and all
amendments and modifications thereof, shall apply to and
govern all actions instituted under this Section and Section
10-10. In such actions proof that a person is an applicant
for or recipient of public aid under any Article of this Code
shall be prima facie proof that he is a person in necessitous
circumstances by reason of infirmity, unemployment or other
cause depriving him of the means of a livelihood compatible
with health and well-being.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All payments under
this Section to the Illinois Department of Human Services
shall be deposited in the DHS Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9.1 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that
unit's General Assistance Fund.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 1 of the Non-Support
Punishment of Spouse and Children Act may be prosecuted under
that Act Section, and a person convicted under that Act
Section may be sentenced in accordance with that Act Section.
The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 subsection (b) of that Act Section or participate
in a work alternative program under Section 50 subsection (c)
of that Act Section. A person may not be required to
participate in a work alternative program under Section 50
subsection (c) of that Act Section if the person is currently
participating in a work program pursuant to Section 10-11.1
of this Code.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 90-733, eff. 8-11-98; 91-24, eff. 7-1-99;
91-212, eff. 7-20-99; revised 10-13-99.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. Support Payments Ordered Under Other Laws;
where deposited. The Illinois Department and local
governmental units are authorized to receive payments
directed by court order for the support of recipients, as
provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved
June 24, 1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage Act",
as now or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of
1987, as amended,
6. The "Unified Code of Corrections", approved July 26,
1972, as amended,
7. Part 7 of Article XII of the Code of Civil Procedure,
as amended,
8. Part 8 of Article XII of the Code of Civil Procedure,
as amended, and
9. Other laws which may provide by judicial order for
direct payment of support moneys.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All payments under
this Section to the Illinois Department of Human Services
shall be deposited in the DHS Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9.1 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that
unit's General Assistance Fund.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
91-613, eff. 10-1-99; revised 9-28-99.)
(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
Public Aid Recoveries Trust Fund shall consist of (1)
recoveries by the Illinois Department of Public Aid
authorized by this Code in respect to applicants or
recipients under Articles III, IV, V, and VI, including
recoveries made by the Illinois Department of Public Aid from
the estates of deceased recipients, (2) recoveries made by
the Illinois Department of Public Aid in respect to
applicants and recipients under the Children's Health
Insurance Program, and (3) federal funds received on behalf
of and earned by local governmental entities for services
provided to applicants or recipients covered under this Code.
to the State Disbursement Unit established under Section
10-26 of this Code or The Fund shall be held as a special
fund in the State Treasury.
Disbursements from this Fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department
of Public Aid through error or mistake, (2) for payment to
persons or agencies designated as payees or co-payees on any
instrument, whether or not negotiable, delivered to the
Illinois Department of Public Aid as a recovery under this
Section, such payment to be in proportion to the respective
interests of the payees in the amount so collected, (3) for
payments to the Department of Human Services for collections
made by the Illinois Department of Public Aid on behalf of
the Department of Human Services under this Code, (4) from
the State Disbursement Unit Revolving Fund under Section
12-8.1 of this Code or for payment of administrative expenses
incurred in performing the activities authorized under this
Code, (5) for payment of fees to persons or agencies in the
performance of activities pursuant to the collection of
monies owed the State that are collected under this Code, (6)
for payments of any amounts which are reimbursable to the
federal government which are required to be paid by State
warrant by either the State or federal government, and (7)
for payments to local governmental entities of federal funds
for services provided to applicants or recipients covered
under this Code. Disbursements from this Fund for purposes
of items (4) and (5) of this paragraph shall be subject to
appropriations from the Fund to the Illinois Department of
Public Aid.
The balance in this Fund on the first day of each
calendar quarter, after payment therefrom of any amounts
reimbursable to the federal government, and minus the amount
reasonably anticipated to be needed to make the disbursements
during that quarter authorized by this Section, shall be
certified by the Director of the Illinois Department of
Public Aid and transferred by the State Comptroller to the
General Revenue Fund in the State Treasury within 30 days of
the first day of each calendar quarter.
On July 1, 1999, the State Comptroller shall transfer the
sum of $5,000,000 from the Public Aid Recoveries Trust Fund
(formerly the Public Assistance Recoveries Trust Fund) into
the DHS Recoveries Trust Fund.
(Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99;
91-212, eff. 7-20-99; revised 9-28-99.)
Section 76.5. The Respite Program Act is amended by
changing Section 2 as follows:
(320 ILCS 10/2) (from Ch. 23, par. 6202)
Sec. 2. Definitions. As used in this Act:
(1) "Respite care" means the provision of intermittent
and temporary substitute care or supervision of frail or
abused or functionally disabled or cognitively impaired older
adults on behalf of and in the absence of the primary
care-giver, for the purpose of providing relief from the
stress or responsibilities concomitant with providing
constant care, so as to enable the care-giver to continue the
provision of care in the home. Respite care should be
available to sustain the primary care-giver throughout the
period of care-giving, which can vary from several months to
a number of years. Respite care can be provided in the home,
in a community based day care setting during the day,
overnight, or for more extended periods of time on a
temporary basis.
(2) "Care-giver" shall mean the family member or other
natural person who normally provides the daily care or
supervision of a frail, abused or disabled elderly adult.
Such care-giver may, but need not, reside in the same
household as the frail or disabled adult.
(3) "Provider" shall mean any entity enumerated in
paragraph (1) of this Section which is the supplier of
services providing respite.
(4) "Sponsor" shall mean the provider, public agency or
community group approved by the Director which establishes a
contractual relationship with the Department for the purposes
of providing services to persons under this Act, and which is
responsible for the recruitment of providers, the
coordination and arrangement of provider services in a manner
which meets client needs, the general supervision of the
local program, and the submission of such information or
reports as may be required by the Director.
(5) "Director" shall mean the Director of on Aging.
(6) "Department" shall mean the Department on Aging.
(7) "Abused" shall have the same meaning ascribed to it
in Section 103 of the Illinois Domestic Violence Act of 1986.
(8) "Frail or disabled adult" shall mean any person
suffering from Alzheimer's disease and who is 55 years of age
or older or any adult 60 years of age or older, who is unable
to attend to his or her daily needs without the assistance or
regular supervision of a care-giver due to mental or physical
impairment and who is otherwise eligible for services on the
basis of his or her level of impairment.
(9) "Emergency respite care" means the immediate
placement of a trained, in-home respite care worker in the
home during an emergency or unplanned event to substitute for
the primary care-giver. Emergency respite care may be
provided in the home on one or more occasions unless an
extension is deemed necessary by the case coordination unit.
When there is an urgent need for emergency respite care,
procedures to accommodate this need must be determined. An
emergency is:
(a) An unplanned event that results in the
immediate and unavoidable absence of the primary
care-giver from the home in an excess of 4 hours at a
time when no other qualified care-giver is available.
(b) An unplanned situation that prevents the
primary care-giver from providing the care required by a
frail or abused or functionally disabled or cognitively
impaired adult living at home.
(c) An unplanned event that threatens the health
and safety of the disabled adult.
(d) An unplanned event that threatens the health
and safety of the primary care-giver thereby placing the
frail or abused or functionally disabled or cognitively
impaired older adult in danger.
(10) "Primary care-giver" means the spouse, relative, or
friend, 18 years of age or older, who provides the daily
in-home care and supervision of a frail or abused or
functionally disabled or cognitively impaired older adult. A
primary care-giver may, but does not need to, reside in the
same household as the frail or abused or functionally
disabled or cognitively impaired adult. A primary care-giver
requires intermittent relief from his or her their caregiving
duties to continue to function as the primary care-giver.
(Source: P.A. 91-357, eff. 7-29-99; revised 2-23-00.)
Section 77. The Elder Abuse and Neglect Act is amended
by changing Sections 2 and 3.5 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse or neglect for the sole
reason that he or she is being furnished with or relies upon
treatment by spiritual means through prayer alone, in
accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result
of a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where
the eligible adult lives alone or with his or her family or a
caregiver, or others, or a board and care home or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113
of the Nursing Home Care Act;
(2) A "life care facility" as defined in the Life
Care Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution,
the principal activity or business of which is the
diagnosis, care, and treatment of human illness through
the maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) A "community residential alternative" as
defined in the Community Residential Alternatives
Licensing Act; and
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or
is alleged to be, abused, neglected, or financially exploited
by another individual.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required
to be licensed under the Clinical Psychologist Licensing
Act, the Clinical Social Work and Social Work Practice
Act, the Illinois Dental Practice Act, the Dietetic and
Nutrition Services Practice Act, the Marriage and Family
Therapy Licensing Act, the Medical Practice Act of 1987,
the Naprapathic Practice Act, the Nursing and Advanced
Practice Nursing Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois
Occupational Therapy Practice Act, the Illinois
Optometric Practice Act of 1987, the Pharmacy Practice
Act of 1987, the Illinois Physical Therapy Act, the
Physician Assistant Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, the Respiratory Care
Practice Act, the Professional Counselor and Clinical
Professional Counselor Licensing Act, the Illinois
Speech-Language Pathology and Audiology Practice Act, the
Veterinary Medicine and Surgery Practice Act of 1994, and
the Illinois Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public
Aid, Department of Public Health, and Department of Human
Services, and any county or municipal health department;
(6) personnel of the Department of Human Services,
the Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all
other persons having direct contact with eligible adults;
or
(8) a person who performs the duties of a coroner
or medical examiner.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or medical care. This
subsection does not create any new affirmative duty to
provide support to eligible adults. Nothing in this Act
shall be construed to mean that an eligible adult is a victim
of neglect because of health care services provided or not
provided by licensed health care professionals.
(h) "Provider agency" means any public or nonprofit
agency in a planning and service area appointed by the
regional administrative agency with prior approval by the
Department on Aging to receive and assess reports of alleged
or suspected abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency
on Aging shall be designated the regional administrative
agency if it so requests. The Department shall assume the
functions of the regional administrative agency for any
planning and service area where another agency is not so
designated.
(j) "Substantiated case" means a reported case of
alleged or suspected abuse, neglect, or financial
exploitation in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 90-628, eff. 1-1-99; 91-259, eff. 1-1-00;
91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-30-99.)
(320 ILCS 20/3.5)
Sec. 3.5. Other Responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding:
(a) promotion of a wide range of endeavors for the
purpose of preventing elder abuse, neglect, and financial
exploitation in both domestic and institutional settings,
including, but not limited to, promotion of public and
professional education to increase awareness of elder abuse,
neglect, and financial exploitation, to increase reports, and
to improve response by various legal, financial, social, and
health systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Office of the Attorney General, the State Police, the
Illinois Law Enforcement Training and Standards Board, the
State Triad, the Criminal Justice Information Authority, the
Departments of Public Health, Public Aid, and Human Services,
the Family Violence Coordinating Council, the Violence
Prevention Authority, and other entities which may impact
awareness of, and response to, elder abuse, neglect, and
financial exploitation;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and elder abuse provider agencies;
and
(e) promotion of prevention activities.
(Source: P.A. 90-628, eff. 1-1-99; revised 2-23-00.)
Section 78. The Abused and Neglected Child Reporting Act
is amended by changing Section 4 as follows:
(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatrist, physician assistant, substance
abuse treatment personnel, Christian Science practitioner,
funeral home director or employee, coroner, medical examiner,
emergency medical technician, acupuncturist, crisis line or
hotline personnel, school personnel, educational advocate
assigned to a child pursuant to the School Code, truant
officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, respiratory care practitioner,
advanced practice nurse, home health aide, director or staff
assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement
officer, registered psychologist and assistants working
under the direct supervision of a psychologist, psychiatrist,
or field personnel of the Illinois Department of Public Aid,
Public Health, Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, or any other foster parent,
homemaker or child care worker having reasonable cause to
believe a child known to them in their professional or
official capacity may be an abused child or a neglected child
shall immediately report or cause a report to be made to the
Department. Whenever such person is required to report under
this Act in his capacity as a member of the staff of a
medical or other public or private institution, school,
facility or agency, he shall make report immediately to the
Department in accordance with the provisions of this Act and
may also notify the person in charge of such institution,
school, facility or agency or his designated agent that such
report has been made. Under no circumstances shall any
person in charge of such institution, school, facility or
agency, or his designated agent to whom such notification has
been made, exercise any control, restraint, modification or
other change in the report or the forwarding of such report
to the Department. The privileged quality of communication
between any professional person required to report and his
patient or client shall not apply to situations involving
abused or neglected children and shall not constitute grounds
for failure to report as required by this Act. In addition
to the above persons required to report suspected cases of
abused or neglected children, any other person may make a
report if such person has reasonable cause to believe a child
may be an abused child or a neglected child. Any person who
enters into employment on and after July 1, 1986 and is
mandated by virtue of that employment to report under this
Act, shall sign a statement on a form prescribed by the
Department, to the effect that the employee has knowledge and
understanding of the reporting requirements of this Act. The
statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of
the statement shall be borne by the employer. The Department
shall provide copies of this Act, upon request, to all
employers employing persons who shall be required under the
provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, shall be guilty of a Class A
misdemeanor.
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care
may be considered neglected or abused, but not for the sole
reason that his parent, guardian or custodian accepts and
practices such beliefs.
A child shall not be considered neglected or abused
solely because the child is not attending school in
accordance with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 90-116, eff. 7-14-97; 91-259, eff. 1-1-00;
91-516, eff. 8-13-99; revised 10-14-99.)
Section 78.5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-107.1,
3-603, 3-704, and 3-820 as follows:
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of authorized involuntary
treatment upon application to a court.
(a) An adult recipient of services and the recipient's
guardian, if the recipient is under guardianship, and the
substitute decision maker, if any, shall be informed of the
recipient's right to refuse medication. The recipient and the
recipient's guardian or substitute decision maker shall be
given the opportunity to refuse generally accepted mental
health or developmental disability services, including but
not limited to medication.
(a-5) Notwithstanding the provisions of Section 2-107 of
this Code, authorized involuntary treatment may be
administered to an adult recipient of services without the
informed consent of the recipient under the following
standards:
(1) Any person 18 years of age or older, including
any guardian, may petition the circuit court for an order
authorizing the administration of authorized involuntary
treatment to a recipient of services. The petition shall
state that the petitioner has made a good faith attempt
to determine whether the recipient has executed a power
of attorney for health care under the Powers of Attorney
for Health Care Law or a declaration for mental health
treatment under the Mental Health Treatment Preference
Declaration Act and to obtain copies of these instruments
if they exist. If either of the above-named instruments
is available to the petitioner, the instrument or a copy
of the instrument shall be attached to the petition as an
exhibit. The petitioner shall deliver a copy of the
petition, and notice of the time and place of the
hearing, to the respondent, his or her attorney, any
known agent or attorney-in-fact, if any, and the
guardian, if any, no later than 3 days prior to the date
of the hearing. Service of the petition and notice of the
time and place of the hearing may be made by transmitting
them via facsimile machine to the respondent or other
party. Upon receipt of the petition and notice, the
party served, or the person delivering the petition and
notice to the party served, shall acknowledge service.
If the party sending the petition and notice does not
receive acknowledgement of service within 24 hours,
service must be made by personal service.
If the hearing is requested to be held immediately
following the hearing on a petition for involuntary
admission, then the notice requirement shall be the same
as that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this
Section shall be filed with the petition for involuntary
admission. The petition may include a request that the
court authorize such testing and procedures as may be
essential for the safe and effective administration of
the authorized involuntary treatment sought to be
administered, but only where the petition sets forth the
specific testing and procedures sought to be
administered.
If a hearing is requested to be held immediately
following the hearing on a petition for involuntary
admission, then the notice requirement shall be the same
as that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this
Section shall be filed with the petition for involuntary
admission.
(2) The court shall hold a hearing within 7 days of
the filing of the petition. The People, the petitioner,
or the respondent shall be entitled to a continuance of
up to 7 days as of right. An additional continuance of
not more than 7 days may be granted to any party (i) upon
a showing that the continuance is needed in order to
adequately prepare for or present evidence in a hearing
under this Section or (ii) under exceptional
circumstances. The court may grant an additional
continuance not to exceed 21 days when, in its
discretion, the court determines that such a continuance
is necessary in order to provide the recipient with an
examination pursuant to Section 3-803 or 3-804 of this
Act, to provide the recipient with a trial by jury as
provided in Section 3-802 of this Act, or to arrange for
the substitution of counsel as provided for by the
Illinois Supreme Court Rules. The hearing shall be
separate from a judicial proceeding held to determine
whether a person is subject to involuntary admission but
may be heard immediately preceding or following such a
judicial proceeding and may be heard by the same trier of
fact or law as in that judicial proceeding.
(3) Unless otherwise provided herein, the
procedures set forth in Article VIII of Chapter 3 of this
Act, including the provisions regarding appointment of
counsel, shall govern hearings held under this subsection
(a-5).
(4) Authorized involuntary treatment shall not be
administered to the recipient unless it has been
determined by clear and convincing evidence that all of
the following factors are present:
(A) That the recipient has a serious mental
illness or developmental disability.
(B) That because of said mental illness or
developmental disability, the recipient exhibits any
one of the following: (i) deterioration of his or
her ability to function, (ii) suffering, or (iii)
threatening behavior.
(C) That the illness or disability has existed
for a period marked by the continuing presence of
the symptoms set forth in item (B) of this
subdivision (4) or the repeated episodic occurrence
of these symptoms.
(D) That the benefits of the treatment
outweigh the harm.
(E) That the recipient lacks the capacity to
make a reasoned decision about the treatment.
(F) That other less restrictive services have
been explored and found inappropriate.
(G) If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(5) In no event shall an order issued under this
Section be effective for more than 90 days. A second
90-day period of involuntary treatment may be authorized
pursuant to a hearing that complies with the standards
and procedures of this subsection (a-5). Thereafter,
additional 180-day periods of involuntary treatment may
be authorized pursuant to the standards and procedures of
this Section without limit. If a new petition to
authorize the administration of authorized involuntary
treatment is filed at least 15 days prior to the
expiration of the prior order, and if any continuance of
the hearing is agreed to by the recipient, the
administration of the treatment may continue in
accordance with the prior order pending the completion of
a hearing under this Section.
(6) An order issued under this subsection (a-5)
shall designate the persons authorized to administer the
authorized involuntary treatment under the standards and
procedures of this subsection (a-5). Those persons shall
have complete discretion not to administer any treatment
authorized under this Section. The order shall also
specify the medications and the anticipated range of
dosages that have been authorized.
(b) A guardian may be authorized to consent to the
administration of authorized involuntary treatment to an
objecting recipient only under the standards and procedures
of subsection (a-5).
(c) Notwithstanding any other provision of this Section,
a guardian may consent to the administration of authorized
involuntary treatment to a non-objecting recipient under
Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the
administration of authorized involuntary treatment to
recipients in an emergency under Section 2-107 of this Act.
(e) Notwithstanding any of the provisions of this
Section, authorized involuntary treatment may be administered
pursuant to a power of attorney for health care under the
Powers of Attorney for Health Care Law or a declaration for
mental health treatment under the Mental Health Treatment
Preference Declaration Act.
(Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00;
91-787, eff. 1-1-01; revised 6-28-00.)
(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
Sec. 3-603. (a) If no physician, qualified examiner, or
clinical psychologist is immediately available or it is not
possible after a diligent effort to obtain the certificate
provided for in Section 3-602, the respondent may be detained
for examination in a mental health facility upon presentation
of the petition alone pending the obtaining of such a
certificate.
(b) In such instance the petition shall conform to the
requirements of Section 3-601 and further specify that:
1. the petitioner believes, as a result of his
personal observation, that the respondent is subject to
involuntary admission;
2. a diligent effort was made to obtain a
certificate;
3. no physician, qualified examiner, or clinical
psychologist could be found who has examined or could
examine the respondent; and
4. a diligent effort has been made to convince the
respondent to appear voluntarily for examination by a
physician, qualified examiner, or clinical psychologist,
unless the petitioner reasonably believes that effort
would impose a risk of harm to the respondent or others.
(Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00;
revised 7-5-00.)
(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
Sec. 3-704. Examination; detention.
(a) The respondent shall be permitted to remain in his
or her place of residence pending any examination. The
respondent may be accompanied by one or more of his or her
relatives or friends or by his or her attorney to the place
of examination. If, however, the court finds that it is
necessary in order to complete the examination the court may
order that the person be admitted to a mental health facility
pending examination and may order a peace officer or other
person to transport the person there. The examination shall
be conducted at a local mental health facility or hospital
or, if possible, in the respondent's own place of residence.
No person may be detained for examination under this Section
for more than 24 hours. The person shall be released upon
completion of the examination unless the physician, qualified
examiner or clinical psychologist executes a certificate
stating that the person is subject to involuntary admission
and in need of immediate hospitalization to protect such
person or others from physical harm. Upon admission under
this Section treatment may be given pursuant to Section
3-608.
(a-5) Whenever a respondent has been transported to a
mental health facility for an examination, the admitting
facility shall inquire, upon the respondent's arrival,
whether the respondent wishes any person or persons to be
notified of his or her detention at that facility. If the
respondent does wish to have any person or persons notified
of his or her detention at the facility, the facility must
promptly make all reasonable attempts to locate the
individual identified by the respondent, or at least 2
individuals identified by the respondent if more than one has
been identified, and notify them of the respondent's
detention at the facility for a mandatory examination
pursuant to court order.
(b) Not later than 24 hours, excluding Saturdays,
Sundays, and holidays, after admission under this Section,
the respondent shall be asked if he desires the petition and
the notice required under Section 3-206 sent to any other
persons and at least 2 such persons designated by the
respondent shall be sent the documents. At the time of his
admission the respondent shall be allowed to complete not
fewer than 2 telephone calls to such persons as he chooses.
(Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00;
revised 7-5-00.)
(405 ILCS 5/3-820) (from Ch. 91 1/2, par. 3-820)
Sec. 3-820. Domestic violence;: order of protection. An
order of protection, as defined in the Illinois Domestic
Violence Act of 1986, as enacted by the 84th General
Assembly, may be issued in conjunction with a proceeding for
involuntary commitment if the petition for an order of
protection alleges that a person who is party to or the
subject of the proceeding has been abused by or has abused a
family or household member. The Illinois Domestic Violence
Act of 1986 shall govern the issuance, enforcement, and
recording of orders order of protection issued under this
Section.
(Source: P.A. 84-1305; revised 2-23-00.)
Section 79. The Illinois Rural/Downstate Health Act is
amended by changing Section 4 as follows:
(410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
Sec. 4. The Center shall have the authority:
(a) To assist rural communities and communities in
designated shortage areas by providing technical assistance
to community leaders in defining their specific health care
needs and identifying strategies to address those needs.
(b) To link rural communities and communities in
designated shortage areas with other units in the Department
or other State agencies which can assist in the solution of a
health care access problem.
(c) To maintain and disseminate information on
innovative health care strategies, either directly or
indirectly.
(d) To administer State or federal grant programs
relating to rural health or medically underserved areas
established by State or federal law for which funding has
been made available.
(e) To promote the development of primary care services
in rural areas and designated shortage areas. Subject to
available appropriations, the Department may annually award
grants of up to $300,000 each to enable the health services
in those areas to offer multi-service comprehensive
ambulatory care, thereby improving access to primary care
services. Grants may cover operational and facility
construction and renovation expenses, including but not
limited to the cost of personnel, medical supplies and
equipment, patient transportation, and health provider
recruitment. The Department shall prescribe by rule standards
and procedures for the provision of local matching funds in
relation to each grant application. Grants provided under
this paragraph (e) shall be in addition to support and
assistance provided under subsection (a) of Section 2310-200
of the Department of Public Health Powers and Duties Law (20
ILCS 2310/2310-200). Eligible applicants shall include, but
not be limited to, community-based organizations, hospitals,
local health departments, and Community Health Centers as
defined in Section 4.1 of this Act.
(f) To annually provide grants from available
appropriations to hospitals located in medically underserved
areas or health manpower shortage areas as defined by the
United States Department of Health and Human Services, whose
governing boards include significant representation of
consumers of hospital services residing in the area served by
the hospital, and which agree not to discriminate in any way
against any consumer of hospital services based upon the
consumer's source of payment for those services. Grants that
may be awarded under this paragraph (f) shall be limited to
$500,000 and shall not exceed 50% of the total project need
indicated in each application. Expenses covered by the grants
may include but are not limited to facility renovation,
equipment acquisition and maintenance, recruitment of health
personnel, diversification of services, and joint venture
arrangements.
(g) To establish a recruitment center which shall
actively recruit physicians and other health care
practitioners to participate in the program, maintain
contacts with participating practitioners, actively promote
health care professional practice in designated shortage
areas, assist in matching the skills of participating medical
students with the needs of community health centers in
designated shortage areas, and assist participating medical
students in locating in designated shortage areas.
(h) To assist communities in designated shortage areas
find alternative services or temporary health care providers
when existing health care providers are called into active
duty with the armed forces of the United States.
(i) To develop, in cooperation with the Illinois
Development Finance Authority, financing programs whose goals
and purposes shall be to provide moneys to carry out the
purpose of this Act, including, but not limited to, revenue
bond programs, revolving loan programs, equipment leasing
programs, and working cash programs. The Department may
transfer to the Illinois Development Finance Authority, into
an account outside of the State treasury, moneys in special
funds of the Department for the purposes of establishing
those programs. The disposition of any moneys so transferred
shall be determined by an interagency agreement.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-5-99.)
Section 79.5. The Vital Records Act is amended by
changing Section 25.5 as follows:
(410 ILCS 535/25.5)
Sec. 25.5. Death Certificate Surcharge Fund. The
additional $2 fee for certified copies of death certificates
and fetal death certificates must be deposited into the Death
Certificate Surcharge Fund, a special fund created in the
State treasury. Moneys in the Fund, subject to
appropriations, may be used as follows: (i) 25% by the
Illinois Law Enforcement Training and Standards Board for the
purpose of training coroners, (ii) 25% by the Illinois
Necropsy Board for equipment and lab facilities, (iii) 25% by
the Department of Public Health for the purpose of setting up
a statewide database of death certificates, and (iv) 25% for
a grant by the Department of Public Health to the Cook County
Health Department.
(Source: P.A. 91-382, eff. 7-30-99; revised 2-23-00.)
Section 80. The Environmental Protection Act is amended
by changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 31.1, and
55.6 and by setting forth and renumbering multiple versions
of Section 58.15 as follows:
(415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
Sec. 19.2. As used in this Title, unless the context
clearly requires otherwise:
(a) "Agency" means the Illinois Environmental Protection
Agency.
(b) "Fund" means the Water Revolving Fund created
pursuant to this Title, consisting of the Water Pollution
Control Loan Program, the Public Water Supply Loan Program,
and the Loan Support Program.
(c) "Loan" means a loan made from the Water Pollution
Control Loan Program or the Public Water Supply Loan Program
to an eligible applicant or a privately owned community water
supply as a result of a contractual agreement between the
Agency and such applicant or privately owned community water
supply.
(d) "Construction" means any one or more of the
following which is undertaken for a public purpose:
preliminary planning to determine the feasibility of the
treatment works or public water supply, engineering,
architectural, legal, fiscal or economic investigations or
studies, surveys, designs, plans, working drawings,
specifications, procedures or other necessary actions,
erection, building, acquisition, alteration, remodeling,
improvement or extension of treatment works or public water
supplies, or the inspection or supervision of any of the
foregoing items. "Construction" also includes implementation
of source water quality protection measures and establishment
and implementation of wellhead protection programs in
accordance with Section 1452(k)(1) of the federal Safe
Drinking Water Act.
(e) "Intended use plan" means a plan which includes a
description of the short and long term goals and objectives
of the Water Pollution Control Loan Program and the Public
Water Supply Loan Program, project categories, discharge
requirements, terms of financial assistance and the loan
applicants local government units and privately owned
community water supplies to be served.
(f) "Treatment works" means any devices and systems
owned by a local government unit and used in the storage,
treatment, recycling, and reclamation of sewerage or
industrial wastes of a liquid nature, including intercepting
sewers, outfall sewers, sewage collection systems, pumping
power and other equipment, and appurtenances; extensions,
improvements, remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled supply,
such as standby treatment units and clear well facilities;
and any works, including site acquisition of the land that
will be an integral part of the treatment process for
wastewater facilities.
(g) "Local government unit" means a county,
municipality, township, municipal or county sewerage or
utility authority, sanitary district, public water district,
improvement authority or any other political subdivision
whose primary purpose is to construct, operate and maintain
wastewater treatment facilities or public water supply
facilities or both.
(h) "Privately owned community water supply" means:
(1) an investor-owned water utility, if under
Illinois Commerce Commission regulation and operating as
a separate and distinct water utility;
(2) a not-for-profit water corporation, if
operating specifically as a water utility; and
(3) a mutually owned or cooperatively owned
community water system, if operating as a separate water
utility.
(Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
(415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
Sec. 19.3. Water Revolving Fund.
(a) There is hereby created within the State Treasury a
Water Revolving Fund, consisting of 3 interest-bearing
special programs to be known as the Water Pollution Control
Loan Program, the Public Water Supply Loan Program, and the
Loan Support Program, which shall be used and administered by
the Agency.
(b) The Water Pollution Control Loan Program shall be
used and administered by the Agency to provide assistance for
the following purposes:
(1) to accept and retain funds from grant awards,
appropriations, transfers, and payments of interest and
principal;
(2) to make direct loans at or below market
interest rates to any eligible local government unit to
finance the construction of wastewater treatments works;
(3) to make direct loans at or below market
interest rates to any eligible local government unit to
buy or refinance debt obligations for treatment works
incurred after March 7, 1985;
(3.5) to make direct loans at or below market
interest rates for the implementation of a management
program established under Section 319 of the Federal
Water Pollution Control Act, as amended;
(4) to guarantee or purchase insurance for local
obligations where such action would improve credit market
access or reduce interest rates;
(5) as a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the State or any political
subdivision or instrumentality thereof, if the proceeds
of such bonds will be deposited in the Fund;
(6) to finance the reasonable costs incurred by the
Agency in the administration of the Fund; and
(7) (blank).
(c) The Loan Support Program shall be used and
administered by the Agency for the following purposes:
(1) to accept and retain funds from grant awards
and appropriations;
(2) to finance the reasonable costs incurred by the
Agency in the administration of the Fund, including
activities under Title III of this Act, including the
administration of the State construction grant program;
(3) to transfer funds to the Water Pollution
Control Loan Program and the Public Water Supply Loan
Program;
(4) to accept and retain a portion of the loan
repayments;
(5) to finance the development of the low interest
loan program for public water supply projects;
(6) to finance the reasonable costs incurred by the
Agency to provide technical assistance for public water
supplies; and
(7) to finance the reasonable costs incurred by the
Agency for public water system supervision programs, to
administer or provide for technical assistance through
source water protection programs, to develop and
implement a capacity development strategy, to delineate
and assess source water protection areas, and for an
operator certification program in accordance with Section
1452 of the federal Safe Drinking Water Act.
(d) The Public Water Supply Loan Program shall be used
and administered by the Agency to provide assistance to local
government units and privately owned community water supplies
for public water supplies for the following public purposes:
(1) to accept and retain funds from grant awards,
appropriations, transfers, and payments of interest and
principal;
(2) to make direct loans at or below market
interest rates to any eligible local government unit or
to any eligible privately owned community water supply to
finance the construction of water supplies;
(3) to buy or refinance the debt obligation of a
local government unit for costs incurred on or after July
17, 1997;
(4) to guarantee local obligations where such
action would improve credit market access or reduce
interest rates;
(5) as a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the State or any political
subdivision or instrumentality thereof, if the proceeds
of such bonds will be deposited into the Fund; and
(6) (blank).
(e) The Agency is designated as the administering agency
of the Fund. The Agency shall submit to the Regional
Administrator of the United States Environmental Protection
Agency an intended use plan which outlines the proposed use
of funds available to the State. The Agency shall take all
actions necessary to secure to the State the benefits of the
federal Water Pollution Control Act and the federal Safe
Drinking Water Act, as now or hereafter amended.
(f) The Agency shall have the power to enter into
intergovernmental agreements with the federal government or
the State, or any instrumentality thereof, for purposes of
capitalizing the Water Revolving Fund. Moneys on deposit in
the Water Revolving Fund may be used for the creation of
reserve funds or pledged funds that secure the obligations of
repayment of loans made pursuant to this Section. For the
purpose of obtaining capital for deposit into the Water
Revolving Fund, the Agency may also enter into agreements
with financial institutions and other persons for the purpose
of selling loans and developing a secondary market for such
loans. The Agency shall have the power to create and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this subsection
and to allocate its available moneys into such funds and
accounts. Investment earnings on moneys held in the Water
Revolving Fund, including any reserve fund or pledged fund,
shall be deposited into the Water Revolving Fund.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97;
91-36, eff. 6-15-99; 91-52, eff. 6-30-99; 91-501, eff.
8-13-99; revised 10-13-99.)
(415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
Sec. 19.4. Regulations; priorities.
(a) The Agency shall have the authority to promulgate
regulations to set forth procedures and criteria concerning
loan applications. For units of local government, the
regulations shall include, but need not be limited to, the
following elements: submittal of information to the Agency to
ascertain the credit worthiness of the loan applicant, types
of security required for the loan including liens, mortgages,
and other kinds of security interests, types of collateral as
necessary that can be pledged to meet or exceed the loan
amount, special loan terms for securing repayment of the
loan, the staged access to the fund by privately owned
community water supplies,
(1) loan application requirements;
(2) determination of credit worthiness of the loan
applicant;
(3) special loan terms, as necessary, for securing
the repayment of the loan;
(4) assurance of payment;
(5) interest rates;
(6) loan support rates;
(7) impact on user charges;
(8) eligibility of proposed construction;
(9) priority of needs;
(10) special loan terms for disadvantaged
communities;
(11) maximum limits on annual distributions of
funds to applicants or groups of applicants;
(12) penalties for noncompliance with loan
requirements and conditions, including stop-work orders,
termination, and recovery of loan funds; and
(13) indemnification of the State of Illinois and
the Agency by the loan recipient.
(b) The Agency shall have the authority to promulgate
regulations to set forth procedures and criteria concerning
loan applications for loan recipients other than units of
local government. In addition to all of the elements
required for units of local government under subsection (a),
the regulations shall include, but need not be limited to,
the following elements:
(1) types of security required for the loan;
(2) types of collateral, as necessary, that can be
pledged for the loan; and
(3) staged access to fund privately owned community
water supplies.
(c) The Agency shall develop and maintain a priority
list of loan applicants as categorized by need. Priority in
making loans from the Public Water Supply Loan Program must
first be given to local government units and privately owned
community water supplies that need to make capital
improvements to protect human health and to achieve
compliance with the State and federal primary drinking water
standards adopted pursuant to this Act and the federal Safe
Drinking Water Act, as now and hereafter amended.
(Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
(415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
Sec. 19.5. Loans; repayment.
(a) The Agency shall have the authority to make loans to
local government units and privately owned community for the
construction of public water supplies pursuant to the
regulations promulgated under Section 19.4.
(b) Loans made from the Fund shall provide for:
(1) a schedule of disbursement of proceeds;
(2) a fixed rate that includes interest and loan
support based upon priority, but the loan support rate
shall not exceed one-half of the fixed rate established
for each loan;
(3) a schedule of repayment;
(4) initiation of principal repayments within one
year after the project is operational; and
(5) a confession of judgment upon default.
(c) The Agency may amend existing loans to include a
loan support rate only if the overall cost to the loan
recipient is not increased.
(d) A local government unit or privately owned community
water supply shall secure the payment of its obligations to
the Fund by a dedicated source of repayment, including
revenues derived from the imposition of rates, fees and
charges and by other types of security or collateral or both
required to secure the loan pursuant to the regulations
promulgated under Section 19.4. Other loan applicants shall
secure the payment of their obligations by appropriate
security and collateral pursuant to regulations promulgated
under Section 19.4. or privately owned community water supply
(Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
(415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
Sec. 19.6. Delinquent loan repayment.
(a) In the event that a timely payment is not made by a
loan recipient or the privately owned community water supply
according to the loan schedule of repayment, the loan
recipient or privately owned community water supply shall
notify the Agency in writing within 15 days after the payment
due date. The notification shall include a statement of the
reasons the payment was not timely tendered, the
circumstances under which the late payments will be
satisfied, and binding commitments to assure future payments.
After receipt of this notification, the Agency shall confirm
in writing the acceptability of the plan or take action in
accordance with subsection (b) of this Section.
(b) In the event that a loan recipient or privately
owned community water supply fails to comply with subsection
(a) of this Section, the Agency shall promptly issue a notice
of delinquency to the loan recipient, or privately owned
community water supply which shall require a written response
within 15 days. The notice of delinquency shall require that
the loan recipient or privately owned community water supply
revise its rates, fees and charges to meet its obligations
pursuant to subsection (d) of Section 19.5 or take other
specified actions as may be appropriate to remedy the
delinquency and to assure future payments.
(c) In the event that the loan recipient or privately
owned community water supply fails to timely or adequately
respond to a notice of delinquency, or fails to meet its
obligations made pursuant to subsections (a) and (b) of this
Section, the Agency shall pursue the collection of the
amounts past due, the outstanding loan balance and the costs
thereby incurred, either pursuant to the Illinois State
Collection Act of 1986 or by any other reasonable means as
may be provided by law, including the taking of title by
foreclosure or otherwise to any project or other property
pledged, mortgaged, encumbered, or otherwise available as
security or collateral.
(Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
Sec. 31.1. Administrative citation.
(a) The prohibitions specified in subsections (o) and
(p) of Section 21 of this Act shall be enforceable either by
administrative citation under this Section or as otherwise
provided by this Act.
(b) Whenever Agency personnel or personnel of a unit of
local government to which the Agency has delegated its
functions pursuant to subsection (r) of Section 4 of this
Act, on the basis of direct observation, determine that any
person has violated any provision of subsection (o) or (p) of
Section 21 of this Act, the Agency or such unit of local
government may issue and serve an administrative citation
upon such person within not more than 60 days after the date
of the observed violation. Each such citation issued shall
be served upon the person named therein or such person's
authorized agent for service of process, and shall include
the following information:
(1) a statement specifying the provisions of
subsection (o) or (p) of Section 21 of which the person
was observed to be in violation;
(2) a copy of the inspection report in which the
Agency or local government recorded the violation, which
report shall include the date and time of inspection, and
weather conditions prevailing during the inspection;
(3) the penalty imposed by subdivision (b)(4) or
(b)(4-5) of Section 42 for such violation;
(4) instructions for contesting the administrative
citation findings pursuant to this Section, including
notification that the person has 35 days within which to
file a petition for review before the Board to contest
the administrative citation; and
(5) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(c) The Agency or unit of local government shall file a
copy of each administrative citation served under subsection
(b) of this Section with the Board no later than 10 days
after the date of service.
(d) (1) If the person named in the administrative
citation fails to petition the Board for review within 35
days from the date of service, the Board shall adopt a final
order, which shall include the administrative citation and
findings of violation as alleged in the citation, and shall
impose the penalty specified in subdivision (b)(4) or
(b)(4-5) of Section 42.
(2) If a petition for review is filed before the Board
to contest an administrative citation issued under subsection
(b) of this Section, the Agency or unit of local government
shall appear as a complainant at a hearing before the Board
to be conducted pursuant to Section 32 of this Act at a time
not less than 21 days after notice of such hearing has been
sent by the Board to the Agency or unit of local government
and the person named in the citation. In such hearings, the
burden of proof shall be on the Agency or unit of local
government. If, based on the record, the Board finds that
the alleged violation occurred, it shall adopt a final order
which shall include the administrative citation and findings
of violation as alleged in the citation, and shall impose the
penalty specified in subdivision (b)(4) or (b)(4-5) of
Section 42. However, if the Board finds that the person
appealing the citation has shown that the violation resulted
from uncontrollable circumstances, the Board shall adopt a
final order which makes no finding of violation and which
imposes no penalty.
(e) Sections 10-25 through 10-60 of the Illinois
Administrative Procedure Act shall not apply to any
administrative citation issued under subsection (b) of this
Section.
(f) The other provisions of this Section shall not apply
to a sanitary landfill operated by a unit of local government
solely for the purpose of disposing of water and sewage
treatment plant sludges, including necessary stabilizing
materials.
(g) All final orders issued and entered by the Board
pursuant to this Section shall be enforceable by injunction,
mandamus or other appropriate remedy, in accordance with
Section 42 of this Act.
(Source: P.A. 88-45; 88-496; 88-670, eff. 12-2-94; revised
11-30-00.)
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
Sec. 55.6. Used Tire Management Fund.
(a) There is hereby created in the State Treasury a
special fund to be known as the Used Tire Management Fund.
There shall be deposited into the Fund all monies received as
(1) recovered costs or proceeds from the sale of used tires
under Section 55.3 of this Act, (2) repayment of loans from
the Used Tire Management Fund, or (3) penalties or punitive
damages for violations of this Title, except as provided by
subdivision (b)(4) or (b)(4-5) of Section 42.
(b) Beginning January 1, 1992, in addition to any other
fees required by law, the owner or operator of each site
required to be registered under subsection (d) of Section 55
shall pay to the Agency an annual fee of $100. Fees
collected under this subsection shall be deposited into the
Environmental Protection Permit and Inspection Fund.
(c) Pursuant to appropriation, monies up to an amount of
$2 million per fiscal year from the Used Tire Management Fund
shall be allocated as follows:
(1) 38% shall be available to the Agency for the
following purposes, provided that priority shall be given
to item (i):
(i) To undertake preventive, corrective or
removal action as authorized by and in accordance
with Section 55.3, and to recover costs in
accordance with Section 55.3.
(ii) For the performance of inspection and
enforcement activities for used and waste tire
sites.
(iii) To assist with marketing of used tires
by augmenting the operations of an industrial
materials exchange service.
(iv) To provide financial assistance to units
of local government for the performance of
inspecting, investigating and enforcement activities
pursuant to subsection (r) of Section 4 at used and
waste tire sites.
(v) To provide financial assistance for used
and waste tire collection projects sponsored by
local government or not-for-profit corporations.
(vi) For the costs of fee collection and
administration relating to used and waste tires, and
to accomplish such other purposes as are authorized
by this Act and regulations thereunder.
(2) 23% shall be available to the Department of
Commerce and Community Affairs for the following
purposes, provided that priority shall be given to item
(A):
(A) To provide grants or loans for the
purposes of:
(i) assisting units of local government
and private industry in the establishment of
facilities and programs to collect, process and
utilize used and waste tires and tire derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of
collecting, storing, processing and utilizing
used and waste tires and tire derived
materials; and
(iii) applying demonstrated technologies
as a means of collecting, storing, processing,
and utilizing used and waste tires and tire
derived materials.
(B) To develop educational material for use by
officials and the public to better understand and
respond to the problems posed by used tires and
associated insects.
(C) (Blank).
(D) To perform such research as the Director
deems appropriate to help meet the purposes of this
Act.
(E) To pay the costs of administration of its
activities authorized under this Act.
(3) 25% shall be available to the Illinois
Department of Public Health for the following purposes:
(A) To investigate threats or potential
threats to the public health related to mosquitoes
and other vectors of disease associated with the
improper storage, handling and disposal of tires,
improper waste disposal, or natural conditions.
(B) To conduct surveillance and monitoring
activities for mosquitoes and other arthropod
vectors of disease, and surveillance of animals
which provide a reservoir for disease-producing
organisms.
(C) To conduct training activities to promote
vector control programs and integrated pest
management as defined in the Vector Control Act.
(D) To respond to inquiries, investigate
complaints, conduct evaluations and provide
technical consultation to help reduce or eliminate
public health hazards and nuisance conditions
associated with mosquitoes and other vectors.
(E) To provide financial assistance to units
of local government for training, investigation and
response to public nuisances associated with
mosquitoes and other vectors of disease.
(4) 2% shall be available to the Department of
Agriculture for its activities under the Illinois
Pesticide Act relating to used and waste tires.
(5) 2% shall be available to the Pollution Control
Board for administration of its activities relating to
used and waste tires.
(6) 10% shall be available to the Department of
Natural Resources for the Illinois Natural History Survey
to perform research to study the biology, distribution,
population ecology, and biosystematics of tire-breeding
arthropods, especially mosquitoes, and the diseases they
spread.
(d) By January 1, 1998, and biennially thereafter,
each State agency receiving an appropriation from the Used
Tire Management Fund shall report to the Governor and the
General Assembly on its activities relating to the Fund.
(e) Any monies appropriated from the Used Tire
Management Fund, but not obligated, shall revert to the Fund.
(f) In administering the provisions of subdivisions (1),
(2) and (3) of subsection (c) of this Section, the Agency,
the Department of Commerce and Community Affairs, and the
Illinois Department of Public Health shall ensure that
appropriate funding assistance is provided to any
municipality with a population over 1,000,000 or to any
sanitary district which serves a population over 1,000,000.
(g) Pursuant to appropriation, monies in excess of $2
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
(1) 55% shall be available to the Agency to
undertake preventive, corrective or renewed action as
authorized by and in accordance with Section 55.3 and to
recover costs in accordance with Section 55.3.
(2) 45% shall be available to the Department of
Commerce and Community Affairs to provide grants or loans
for the purposes of:
(i) assisting units of local government and
private industry in the establishment of facilities
and programs to collect, process and utilize waste
tires and tire derived material;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(Source: P.A. 91-856, eff. 6-22-00; revised 11-30-00.)
(415 ILCS 5/58.15)
Sec. 58.15. Brownfields Redevelopment Loan Program.
(a) The Agency shall establish and administer a
revolving loan program to be known as the "Brownfields
Redevelopment Loan Program" for the purpose of providing
loans to be used for site investigation, site remediation, or
both, at brownfields sites. All principal, interest, and
penalty payments from loans made under this Section shall be
deposited into the Brownfields Redevelopment Fund and reused
in accordance with this Section.
(b) General requirements for loans:
(1) Loans shall be at or below market interest
rates in accordance with a formula set forth in
regulations promulgated under subsection (c) of this
Section.
(2) Loans shall be awarded subject to availability
of funding based on the order of receipt of applications
satisfying all requirements as set forth in the
regulations promulgated under subsection (c) of this
Section.
(3) The maximum loan amount under this Section for
any one project is $1,000,000.
(4) In addition to any requirements or conditions
placed on loans by regulation, loan agreements under the
Brownfields Redevelopment Loan Program shall include the
following requirements:
(A) the loan recipient shall secure the loan
repayment obligation;
(B) completion of the loan repayment shall not
exceed 5 years; and
(C) loan agreements shall provide for a
confession of judgment by the loan recipient upon
default.
(5) Loans shall not be used to cover expenses
incurred prior to the approval of the loan application.
(6) If the loan recipient fails to make timely
payments or otherwise fails to meet its obligations as
provided in this Section or implementing regulations, the
Agency is authorized to pursue the collection of the
amounts past due, the outstanding loan balance, and the
costs thereby incurred, either pursuant to the Illinois
State Collection Act of 1986 or by any other means
provided by law, including the taking of title, by
foreclosure or otherwise, to any project or other
property pledged, mortgaged, encumbered, or otherwise
available as security or collateral.
(c) The Agency shall have the authority to enter into
any contracts or agreements that may be necessary to carry
out its duties or responsibilities under this Section. The
Agency shall have the authority to promulgate regulations
setting forth procedures and criteria for administering the
Brownfields Redevelopment Loan Program. The regulations
promulgated by the Agency for loans under this Section shall
include, but need not be limited to, the following elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan
applicant;
(3) types of security required for the loan;
(4) types of collateral, as necessary, that can be
pledged for the loan;
(5) special loan terms, as necessary, for securing
the repayment of the loan;
(6) maximum loan amounts;
(7) purposes for which loans are available;
(8) application periods and content of
applications;
(9) procedures for Agency review of loan
applications, loan approvals or denials, and loan
acceptance by the loan recipient;
(10) procedures for establishing interest rates;
(11) requirements applicable to disbursement of
loans to loan recipients;
(12) requirements for securing loan repayment
obligations;
(13) conditions or circumstances constituting
default;
(14) procedures for repayment of loans and
delinquent loans including, but not limited to, the
initiation of principal and interest payments following
loan acceptance;
(15) loan recipient responsibilities for work
schedules, work plans, reports, and record keeping;
(16) evaluation of loan recipient performance,
including auditing and access to sites and records;
(17) requirements applicable to contracting and
subcontracting by the loan recipient, including
procurement requirements;
(18) penalties for noncompliance with loan
requirements and conditions, including stop-work orders,
termination, and recovery of loan funds; and
(19) indemnification of the State of Illinois and
the Agency by the loan recipient.
(d) Moneys in the Brownfields Redevelopment Fund may be
used as a source of revenue or security for the principal and
interest on revenue or general obligation bonds issued by the
State or any political subdivision or instrumentality
thereof, if the proceeds of those bonds will be deposited
into the Fund.
(Source: P.A. 91-36, eff. 6-15-99.)
(415 ILCS 5/58.16)
Sec. 58.16. 58.15. Construction of school; requirements.
This Section applies only to counties with a population of
more than 3,000,000. In this Section, "school" means a
school as defined in Section 34-1.1 of the School Code. No
person shall commence construction on real property of a
building intended for use as a school unless:
(1) a Phase 1 Environmental Audit, conducted in
accordance with Section 22.2 of this Act, is obtained;
(2) if the Phase 1 Environmental Audit discloses
the presence or likely presence of a release or a
substantial threat of a release of a regulated substance
at, on, to, or from the real property, a Phase II
Environmental Audit, conducted in accordance with Section
22.2 of this Act, is obtained; and
(3) if the Phase II Environmental Audit discloses
the presence or likely presence of a release or a
substantial threat of a release of a regulated substance
at, on, to, or from the real property, the real property
is enrolled in the Site Remediation Program and remedial
action that the Agency approves for the intended use of
the property is completed.
(Source: P.A. 91-442, eff. 1-1-00; revised 10-19-99.)
Section 81. The Public Water Supply Operations Act is
amended by changing Sections 1 and 10 as follows:
(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
Sec. 1. (1) In order to safeguard the health and well
being of the populace, every community water supply in
Illinois shall have on its operational staff at least one
natural person certified as competent as a water supply
operator under the provisions of this Act.
Except for exempt community water supplies as specified
in Section 9.1 of this Act, all portions of a community water
supply system shall be under the direct supervision of a
properly certified community water supply operator.
(2) The following class requirements apply:
(a) Each community water supply which includes
coagulation, lime softening, or sedimentation as a part
of its primary treatment shall have in its employ at
least one natural person certified as competent as a
Class A community water supply operator. This includes
all surface water community water supplies.
(b) Each community water supply which includes
filtration, aeration and filtration, or ion exchange
equipment as a part of its primary treatment shall have
in its employ at least one natural person certified as
competent as a Class B or Class A community water supply
operator.
(c) Each community water supply which utilizes
chemical feeding only shall have in its employ at least
one natural person certified as competent as a Class C,
Class B, or Class A community water supply operator.
(d) Each community water supply in which the
facilities are limited to pumpage, storage, or
distribution shall have in its employ at least one
natural person certified as competent as a Class D, Class
C, Class B, or Class A community water supply operator.
(e) A community water supply that cannot be clearly
grouped according to this Section will be considered
individually and designated within one of the above groups by
the Agency. This determination will be based on the nature
of the community water supply and on the education and
experience necessary to operate it.
(3) A community water supply may satisfy the
requirements of this Section by contracting the services of a
properly qualified certified operator of the required class
or higher, as specified in subsection (2) this. A written
agreement to this effect must be on file with the Agency
certifying that such an agreement exists, and delegating
responsibility and authority to the contracted party. This
written agreement shall be signed by both the certified
operator to be contracted and the responsible community water
supply owner or official custodian and must be approved in
writing by the Agency.
(Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99;
revised 8-30-99.)
(415 ILCS 45/10) (from Ch. 111 1/2, par. 510)
Sec. 10. The Agency shall exercise the following
functions, powers, and duties with respect to community water
supply operator certification:
(a) The Agency shall conduct examinations to ascertain
the qualifications of applicants for certificates of
competency as community water supply operators, and pass upon
the qualifications of applicants for reciprocal
certificates.;
(b) The Agency shall determine the qualifications of
each applicant on the basis of written examinations, and upon
a review of the requirements stated in Sections 13 and 14 of
this Act.;
(c) (Blank).;
(d) The Agency may suspend, revoke, or refuse to issue
any certificate of competency for any one or any combination
of the following causes:
(1) the practice of any fraud or deceit in
obtaining or attempting to obtain, renew, or restore a
certificate of competency;
(2) any gross negligence, incompetency, misconduct,
or falsification of reports in the operation of a water
supply;
(3) being declared to be a person under legal
disability by a court of competent jurisdiction and not
thereafter having been lawfully declared to be a person
not under legal disability or to have recovered; or
(4) failure to comply with any of the Rules
pertaining to the operation of a water supply.;
(e) The Agency shall issue a Certificate to any
applicant who has satisfactorily met all the requirements of
the Act pertaining to a certificate of competency as a water
supply operator.;
(f) The Agency shall notify every certified community
water supply operator at the last address specified by the
operator to the Agency, and at least one month in advance of
the expiration of the certificate, of the date of expiration
of the certificate and the amount of fee required for its
renewal for 3 years.; and
(g) The Agency shall, upon its own motion, or upon a
written complaint, investigate the action of any person
holding or claiming to hold a certificate, and take
appropriate action.
(h) The Agency is authorized to adopt reasonable and
necessary rules to set forth procedures and criteria for the
administration of this Act.
(Source: P.A. 91-84, eff. 7-9-99; revised 3-20-00.)
Section 81.5. The Lawn Care Products Application and
Notice Act is amended by changing Section 3 as follows:
(415 ILCS 65/3) (from Ch. 5, par. 853)
Sec. 3. Notification requirements for application of
lawn care products.
(a) Lawn Markers.
(1) Immediately following application of lawn care
products to a lawn, other than a golf course, an
applicator for hire shall place a lawn marker at the
usual point or points of entry.
(2) The lawn marker shall consist of a 4 inch by 5
inch sign, vertical or horizontal, attached to the upper
portion of a dowel or other supporting device with the
bottom of the marker extending no less than 12 inches
above the turf.
(3) The lawn marker shall be white and lettering on
the lawn marker shall be in a contrasting color. The
marker shall state on one side, in letters of not less
than 3/8 inch, the following: "LAWN CARE APPLICATION -
STAY OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT:
(here shall be inserted the name and business telephone
number of the applicator for hire)."
(4) The lawn marker shall be removed and discarded
by the property owner or resident, or such other person
authorized by the property owner or resident, on the day
following the application. The lawn marker shall not be
removed by any person other than the property owner or
resident or person designated by such property owner or
resident.
(5) For applications to residential properties of 2
families or less, the applicator for hire shall be
required to place lawn markers at the usual point or
points of entry.
(6) For applications to residential properties of 2
families or more, or for application to other commercial
properties, the applicator for hire shall place lawn
markers at the usual point or points of entry to the
property to provide notice that lawn care products have
been applied to the lawn.
(b) Notification requirement for application of plant
protectants on golf courses.
(1) Blanket posting procedure. Each golf course
shall post in a conspicuous place or places an
all-weather poster or placard stating to users of or
visitors to the golf course that from time to time plant
protectants are in use and additionally stating that if
any questions or concerns arise in relation thereto, the
golf course superintendent or his designee should be
contacted to supply the information contained in
subsection (c) of this Section.
(2) The poster or placard shall be prominently
displayed in the pro shop, locker rooms and first tee at
each golf course.
(3) The poster or placard shall be a minimum size
of 8 1/2 by 11 inches and the lettering shall not be less
than 1/2 inch.
(4) The poster or placard shall read: "PLANT
PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE
SUPERINTENDENT FOR FURTHER INFORMATION.".
(c) Information to Customers of Applicators for Hire. At
the time of application of lawn care products to a lawn, an
applicator for hire shall provide the following information
to the customer:
(1) The brand name or common name of each lawn care
product applied;
(2) The type of fertilizer or pesticide contained
in the lawn care product applied;
(3) The reason for use of each lawn care product
applied;
(4) The range of concentration of end use product
applied to the lawn and amount of material applied;
(5) Any special instruction appearing on the label
of the lawn care product applicable to the customer's use
of the lawn following application; and
(6) The business name and telephone number of the
applicator for hire as well as the name of the person
actually applying lawn care products to the lawn.
(d) Prior notification of application to lawn. In the
case of all lawns other than golf courses:
(1) Any neighbor whose property abuts or is
adjacent to the property of a customer of an applicator
for hire may receive prior notification of an application
by contacting the applicator for hire and providing his
name, address and telephone number.
(2) At least the day before a scheduled
application, an applicator for hire shall provide
notification to a person who has requested notification
pursuant to paragraph (1) of this subsection (d), such
notification to be made in writing, in person or by
telephone, disclosing the date and approximate time of
day of application.
(3) In the event that an applicator for hire is
unable to provide prior notification to a neighbor whose
property abuts or is adjacent to the property because of
the absence or inaccessibility of the individual, at the
time of application to a customer's lawn, the applicator
for hire shall leave a written notice at the residence of
the person requesting notification, which shall provide
the information specified in paragraph (2) of this
subsection (d).
(e) Prior notification of application to golf courses.
(1) Any landlord or resident with property that
abuts or is adjacent to a golf course may receive prior
notification of an application of lawn care products or
plant protectants, or both, by contacting the golf course
superintendent and providing his name, address and
telephone number.
(2) At least the day before a scheduled application
of lawn care products or plant protectants, or both, the
golf course superintendent shall provide notification to
any person who has requested notification pursuant to
paragraph (1) of this subsection (e), such notification
to be made in writing, in person or by telephone,
disclosing the date and approximate time of day of
application.
(3) In the event that the golf course
superintendent is unable to provide prior notification to
a landlord or resident because of the absence or
inaccessibility, at the time of application, of the
landlord or resident, the golf course superintendent
shall leave a written notice with the landlord or at the
residence which shall provide the information specified
in paragraph (2) of this subsection (e).
(f) Notification for applications of pesticides to
school grounds other than school structures. School
districts must maintain a registry of parents and guardians
of students who have registered to receive written
notification prior to the application of pesticides to school
grounds or provide written notification to all parents and
guardians of students before such pesticide application.
Written notification may be included in newsletters,
bulletins, calendars, or other correspondence currently
published by the school district. The written notification
must be given at least 2 business days before application of
the pesticide and should identify the intended date of the
application of the pesticide and the name and telephone
contact number for the school personnel responsible for the
pesticide application program. Prior written notice shall
not be required if there is imminent threat to health or
property. If such a situation arises, the appropriate school
personnel must sign a statement describing the circumstances
that gave rise to the health threat and ensure that written
notice is provided as soon as practicable.
(Source: P.A. 91-99, eff. 7-9-99; revised 2-23-00.)
Section 82. The Radiation Protection Act of 1990 is
amended by changing Sections 4, 11, and 25 as follows:
(420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
(Section scheduled to be repealed on January 1, 2011)
Sec. 4. Definitions. As used in this Act:
(a) "Accreditation" means the process by which the
Department of Nuclear Safety grants permission to persons
meeting the requirements of this Act and the Department's
rules and regulations to engage in the practice of
administering radiation to human beings.
(a-5) "By-product material" means: (1) any radioactive
material (except special nuclear material) yielded in or made
radioactive by exposure to radiation incident to the process
of producing or utilizing special nuclear material; and (2)
the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed
primarily for its source material content, including discrete
surface wastes resulting from underground solution extraction
processes but not including underground ore bodies depleted
by such solution extraction processes.
(b) "Department" means the Department of Nuclear Safety
in the State of Illinois.
(c) "Director" means the Director of the Department of
Nuclear Safety.
(d) "General license" means a license, pursuant to
regulations promulgated by the Department, effective without
the filing of an application to transfer, acquire, own,
possess or use quantities of, or devices or equipment
utilizing, radioactive material, including but not limited to
by-product, source or special nuclear materials.
(d-3) "Mammography" means radiography of the breast
primarily for the purpose of enabling a physician to
determine the presence, size, location and extent of
cancerous or potentially cancerous tissue in the breast.
(d-7) "Operator" is an individual, group of individuals,
partnership, firm, corporation, association, or other entity
conducting the business or activities carried on within a
radiation installation.
(e) "Person" means any individual, corporation,
partnership, firm, association, trust, estate, public or
private institution, group, agency, political subdivision of
this State, any other State or political subdivision or
agency thereof, and any legal successor, representative,
agent, or agency of the foregoing, other than the United
States Nuclear Regulatory Commission, or any successor
thereto, and other than federal government agencies licensed
by the United States Nuclear Regulatory Commission, or any
successor thereto. "Person" also includes a federal entity
(and its contractors) if the federal entity agrees to be
regulated by the State or as otherwise allowed under federal
law.
(f) "Radiation" or "ionizing radiation" means gamma rays
and x-rays, alpha and beta particles, high speed electrons,
neutrons, protons, and other nuclear particles or
electromagnetic radiations capable of producing ions directly
or indirectly in their passage through matter; but does not
include sound or radio waves or visible, infrared, or
ultraviolet light.
(f-5) "Radiation emergency" means the uncontrolled
release of radioactive material from a radiation installation
which poses a potential threat to the public health, welfare,
and safety.
(g) "Radiation installation" is any location or facility
where radiation machines are used or where radioactive
material is produced, transported, stored, disposed of, or
used for any purpose.
(h) "Radiation machine" is any device that produces
radiation when in use.
(i) "Radioactive material" means any solid, liquid, or
gaseous substance which emits radiation spontaneously.
(j) "Radiation source" or "source of ionizing radiation"
means a radiation machine or radioactive material as defined
herein.
(k) "Source material" means (1) uranium, thorium, or any
other material which the Department declares by order to be
source material after the United States Nuclear Regulatory
Commission, or any successor thereto, has determined the
material to be such; or (2) ores containing one or more of
the foregoing materials, in such concentration as the
Department declares by order to be source material after the
United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material in such concentration to
be source material.
(l) "Special nuclear material" means (1) plutonium,
uranium 233, uranium enriched in the isotope 233 or in the
isotope 235, and any other material which the Department
declares by order to be special nuclear material after the
United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material to be such, but does not
include source material; or (2) any material artificially
enriched by any of the foregoing, but does not include source
material.
(m) "Specific license" means a license, issued after
application, to use, manufacture, produce, transfer, receive,
acquire, own, or possess quantities of, or devices or
equipment utilizing radioactive materials.
(Source: P.A. 91-188, eff. 7-20-99; 91-340, eff. 7-29-99;
revised 10-13-99.)
(420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
(Section scheduled to be repealed on January 1, 2011)
Sec. 11. Federal-State Agreements.
(1) The Governor, on behalf of this State, is authorized
to enter into agreements with the Federal Government
providing for discontinuance of certain of the Federal
Government's responsibilities with respect to sources of
ionizing radiation and the assumption thereof by this State,
including, but not limited to, agreements concerning
by-product material as defined in Section 11(e)(2) of the
Atomic Energy Act of 1954, 42 U.S.C. 2014(e)(2).
(2) Any person who, on the effective date of an
agreement under subsection (1) above, possesses a license
issued by the Federal Government governing activities for
which the Federal Government, pursuant to such agreement, is
transferring its responsibilities to this State shall be
deemed to possess the same pursuant to a license issued under
this Act, which shall expire 90 days after receipt from the
Department of a notice of expiration of such license, or on
the date of expiration specified in the Federal license,
whichever is earlier.
(3) At such time as Illinois enters into a Federal-State
Agreement in accordance with the provisions of this Act, the
Department shall license and collect license fees from
persons operating radiation installations, including
installations involving the use or possession of by-product
material as defined in subsection (a-5)(2) of Section 4 and
installations having such devices or equipment utilizing or
producing radioactive materials but licensure shall not apply
to any x-ray machine, including those located in an office of
a licensed physician or dentist. The Department may also
collect license fees from persons authorized by the
Department to engage in decommissioning and decontamination
activities at radiation installations including installations
licensed to use or possess by-product material as defined in
subsection (a-5)(2) of Section 4. The license fees collected
from persons authorized to use or possess by-product material
as defined in subsection (a-5)(2) of Section 4 or to engage
in decommissioning and decontamination activities at
radiation installations where such by-product material is
used or possessed may include fees sufficient to cover the
expenses incurred by the Department in conjunction with
monitoring unlicensed properties contaminated with by-product
material as defined in subsection (a-5)(2) of Section 4 and
overseeing the decontamination of such unlicensed properties.
The Department may impose fees for termination of
licenses including, but not limited to, licenses for refining
uranium mill concentrates to uranium hexafluoride; licenses
for possession and use of source material at ore buying
stations, at ion exchange facilities and at facilities where
ore is processed to extract metals other than uranium or
thorium; and licenses authorizing the use or possession of
by-product material as defined in subsection (a-5)(2) of
Section 4. The Department may also set license fees for
licenses which authorize the distribution of devices,
products, or sealed sources involved in the production,
utilization, or containment of radiation. After a public
hearing before the Department, the fees and collection
procedures shall be prescribed under rules and regulations
for protection against radiation hazards promulgated under
this Act.
(4) The Department is authorized to enter into
agreements related to the receipt and expenditure of federal
grants and other funds to provide assistance to states and
compact regions in fulfilling responsibilities under the
federal Low-Level Radioactive Waste Policy Act, as amended.
(Source: P.A. 91-86, eff. 7-9-99; 91-340, eff. 7-29-99;
revised 10-6-99.)
(420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
(Section scheduled to be repealed on January 1, 2011)
Sec. 25. Radiation inspection and testing; fees.
(a) The Department shall inspect and test radiation
installations and radiation sources, their immediate
surroundings and records concerning their operation to
determine whether or not any radiation resulting therefrom is
or may be detrimental to health. For the purposes of this
Section, "radiation installation" means any location or
facility where radiation machines are used. The inspection
and testing frequency of a radiation installation shall be
based on the installation's class designation in accordance
with subsection (f).
Inspections of mammography installations shall also
include evaluation of the quality of mammography phantom
images produced by mammography equipment. The Department
shall promulgate rules establishing procedures and acceptance
standards for evaluating the quality of mammography phantom
images.
Beginning on the effective date of this amendatory Act of
1997 and until June 30, 2000, the fee for inspection and
testing shall be paid yearly at an annualized rate based on
the classifications and frequencies set forth in subsection
(f). The annualized fee for inspection and testing shall be
based on the rate of $55 per radiation machine for machines
located in dental offices and clinics and used solely for
dental diagnosis, located in veterinary offices and used
solely for diagnosis, or located in offices and clinics of
persons licensed under the Podiatric Medical Practice Act of
1987 and shall be based on the rate of $80 per radiation
machine for all other radiation machines. The Department may
adopt rules detailing the annualized rate structure. For the
year beginning January 1, 2000, the annual fee for inspection
and testing of Class D radiation installations shall be $25
per radiation machine. The Department is authorized to bill
the fees listed in this paragraph as part of the annual fee
specified in Section 24.7 of this Act.
Beginning July 1, 2000, the Department shall establish
the fees under Section 24.7 of this Act by rule, provided
that no increase of the fees shall take effect before January
1, 2001.
(b) (Blank). , or other entity
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) For purposes of this Section, radiation
installations shall be divided into 4 classes:
Class A - Class A shall include dental offices and
veterinary offices with radiation machines used solely
for diagnosis and all installations using commercially
manufactured cabinet radiographic/fluoroscopic radiation
machines. Operators of Class A installations shall have
their radiation machines inspected and tested every 5
years by the Department.
Class B - Class B shall include offices or clinics
of persons licensed under the Medical Practice Act of
1987 or the Podiatric Medical Practice Act of 1987 with
radiation machines used solely for diagnosis and all
installations using spectroscopy radiation machines,
noncommercially manufactured cabinet
radiographic/fluoroscopic radiation machines, portable
radiographic/fluoroscopic units, non-cabinet
baggage/package fluoroscopic radiation machines and
electronic beam welders. Operators of Class B
installations shall have their radiation machines
inspected and tested every 2 years by the Department.
Class C - Class C shall include installations using
diffraction radiation machines, open radiography
radiation machines, closed radiographic/fluoroscopic
radiation machines and radiation machines used as gauges.
Test booths, bays, or rooms used by manufacturing,
assembly or repair facilities for testing radiation
machines shall be categorized as Class C radiation
installations. Operators of Class C installations shall
have their radiation machines inspected and tested
annually by the Department.
Class D - Class D shall include all hospitals and
all other facilities using mammography, computed
tomography (CT), or therapeutic radiation machines. Each
operator of a Class D installation shall maintain a
comprehensive radiation protection program. The
individual or individuals responsible for implementing
this program shall register with the Department in
accordance with Section 25.1. As part of this program,
the registered individual or individuals shall conduct an
annual performance evaluation of all radiation machines
and oversee the equipment-related quality assurance
practices within the installation. The registered
individual or individuals shall determine and document
whether the installation's radiation machines are being
maintained and operated in accordance with standards
promulgated by the Department. Class D installation
shall be inspected annually by the Department.
(f-1) Radiation installations for which more than one
class is applicable shall be assigned the classification
requiring the most frequent inspection and testing.
(f-2) Radiation installations not classified as Class A,
B, C, or D shall be inspected according to frequencies
established by the Department based upon the associated
radiation hazards, as determined by the Department.
(g) The Department is authorized to maintain a facility
for the purpose of calibrating radiation detection and
measurement instruments in accordance with national
standards. The Department may make calibration services
available to public or private entities within or outside of
Illinois and may assess a reasonable fee for such services.
(Source: P.A. 90-391, eff. 8-15-97; 91-188, eff. 7-20-99;
91-340, eff. 7-29-99; revised 10-13-99.)
Section 82.5. The Food and Agriculture Research Act is
amended by changing Section 20 as follows:
(505 ILCS 82/20)
Sec. 20. Use of funds. The universities receiving funds
under this Act shall work closely with the Illinois Council
on of Food and Agricultural Research Agriculture to develop
and prioritize an appropriate research agenda for the State
system. To support that agenda, funds shall be expended as
follows:
(1) To support a broad program of food and agricultural
research, to include, but not limited to, research on natural
resource, environmental, economic, nutritional, and social
impacts of agricultural systems, human and animal health, and
the concerns of consumers of food and agricultural products
and services.
(2) To build and maintain research capacity including
construction, renovation, and maintenance of physical
facilities; acquire and maintain equipment; employ
appropriately trained and qualified personnel; provide
supplies; and meet the expenses required to conduct the
research and related technology transfer activities.
(3) A minimum of 15% of the funds allocated to each
university shall be used to fund an innovative competitive
grants program administered jointly by the 4 institutions
identified in Section 15. The grants program is intended to
be organized around desired practical, quantifiable, and
achievable objectives in the food and agricultural sector.
The Illinois Council on Food and Agricultural Research shall
assist in evaluating and selecting the proposals for funding.
Proposals may be submitted by any nonprofit institution,
organization, or agency in Illinois. The principal
investigator must be a qualified researcher with experience
in a food and agriculture related discipline. Funds from
other sources (both public and private) may be combined with
funds appropriated for this Act to support cooperative
efforts.
(4) It is intended that the universities that receive
these funds shall continue (i) to operate and maintain the
on-campus buildings and facilities used in their agriculture
related programs and provide the support services typically
provided other university programs, and (ii) to fund
agricultural programs from the higher education budget.
(Source: P.A. 89-182, eff. 7-19-95; revised 3-9-00.)
Section 83. 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 animal is
not killed or totally disabled, but if the animal 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. A second or subsequent
violation is a Class 4 felony.
(f) The Department may enjoin a person from a continuing
violation of this Act.
(g) Any person convicted of violating Section 3.03 is
guilty of a Class 4 felony. A second or subsequent offense
is a Class 3 felony. As a condition of the sentence imposed
under this Section, the court shall order the offender to
undergo a psychological or psychiatric evaluation and to
undergo treatment that the court determines to be appropriate
after due consideration of the evaluation.
(Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97;
91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff.
7-29-99; revised 8-30-99.)
Section 83.5. The Livestock Management Facilities Act is
amended by changing Section 20 as follows:
(510 ILCS 77/20)
Sec. 20. Handling, storing and disposing of livestock
waste.
(a) The livestock management facility owner or operator
shall comply with the requirements for handling, storing, and
disposing of livestock wastes as set forth in the rules
adopted pursuant to the Illinois Environmental Protection Act
concerning agriculture related pollution.
(b) The livestock management facility owner or operator
at a facility of less than 1,000 animal units shall not be
required to prepare and maintain a waste management plan.
(c) The livestock management facility owner or operator
at a facility of 1,000 or greater animal units but less than
5,000 animal units shall prepare and maintain on file at the
livestock management facility a general waste management
plan. Notwithstanding this requirement, a livestock
management facility subject to this subsection may be
operated on an interim basis but not to exceed 6 months after
the effective date of the rules promulgated pursuant to this
Act to allow for the owner or operator of the facility to
develop a waste management plan. The waste management plan
shall be available for inspection during normal business
hours by Department personnel.
(d) The livestock management facility owner or operator
at a facility of 5,000 or greater animal units shall prepare,
maintain, and submit to the Department the waste management
plan for approval. Approval of the waste management plan
shall be predicated on compliance with provisions of
subsection (f). The waste management plan shall be approved
by the Department before operation of the facility or in the
case of an existing facility, the waste management plan shall
be submitted within 60 working days after the effective date
of the rules promulgated pursuant to this Act.
The owner or operator of an existing livestock management
facility that through growth meets or exceeds 5,000 animal
units shall file its waste management plan with the
Department within 60 working days after reaching the stated
animal units.
The owner or operator of a livestock management facility
that is subject to this subsection (d) shall file within 60
working days with the Department a revised waste management
plan when there is a change as provided in subsection (e) of
this Section that will materially affect compliance with the
waste management plan.
(d-5) The owner or operator of multiple livestock
management facilities under common facility ownership where
the cumulative animal units of the facilities are equal to or
greater than the animal unit numbers provided for in
subsection (c) of this Section shall prepare and keep on file
at each facility a waste management plan in accordance with
the requirements of subsection (c). The owner or operator of
multiple livestock management facilities that are under
common facility ownership where the cumulative animal units
of the facilities are equal to or greater than the animal
unit numbers provided for in subsection (d) of this Section
shall prepare and file with the Department a waste management
plan in accordance with the provisions of subsection (d).
Cumulative animal units shall be determined by combining the
animal units of multiple livestock management facilities
under the common facility ownership based upon the design
capacity of each facility. For the purposes of this
subsection (d-5), "under common facility ownership" means the
same person or persons own, directly or indirectly, through
majority owned business entities at least 51% of any person
or persons (as defined by Section 10.55) that own or operate
the livestock management facility or livestock waste handling
facility located in the State of Illinois.
(e) The owner or operator of a livestock management
facility shall update the waste management plan when there is
a change in values shown in the plan under item (1) of
subsection (f) of this Section. The waste management plan
and records of livestock waste disposal shall be kept on file
for three years.
(f) The application of livestock waste to the land is an
acceptable, recommended, and established practice in
Illinois. However, when livestock waste is not applied in a
responsible manner, it may create pollutional problems. It
should be recognized that research relative to livestock
waste application based on livestock waste nutrient content
is currently ongoing. The Dean of the College of
Agricultural, Consumer and Environmental Sciences at the
University of Illinois, or his or her designee, shall
annually report to the Advisory Committee on the status of
phosphorus research, including research that has been
supported in whole or in part by the Illinois Council on for
Food and Agricultural Research. The Advisory Committee may
also consult with other appropriate research entities on the
status of phosphorus research. It is considered acceptable
to prepare and implement a waste management plan based on a
nitrogen rate, unless otherwise restricted by this Section.
The waste management plan shall include the following:
(1) An estimate of the volume of livestock waste to
be disposed of annually, which shall be obtained by
multiplying the design capacity of the facility by the
appropriate amount of waste generated by the animals.
The values showing the amount of waste generated in Table
2-1, Midwest Plan Service's, MWPS-18, Livestock Waste
Management Facilities Handbook or Design Criteria for the
field application of livestock waste adopted by the
Agency may be used.
(2) The number of acres available for disposal of
the waste, whether they are owned by the owner or
operator of the livestock waste management facility or
are shown to be contracted with another person or persons
for disposal of waste.
(3) An estimate of the nutrient value of the waste.
The owner or operator may prepare a plan based on an
average of the minimum and maximum numbers in the table
values derived from Midwest Plan Service's, MWPS-18,
Livestock Waste Facilities Handbook, the Agency's
Agriculture Related Pollution regulations, or the results
of analysis performed on samples of waste. For the
purposes of compliance with this subsection, the nutrient
values of livestock waste may vary as indicated in the
source table. In the case of laboratory analytical
results, the nutrient values may vary with the accuracy
of the analytical method.
(3.5) Results of the Bray P1 or Mehlich test for
soil phosphorus reported in pounds of elemental
phosphorus per acre. Soil samples shall be obtained and
analyzed from the livestock waste application fields on
land owned or under the control of the owner or operator
where applications are planned. Fields where livestock
waste is applied shall be sampled every 3 years.
Sampling procedures, such as the number of samples and
the depth of sampling, as outlined in the current edition
of the Illinois Agronomy Handbook shall be followed when
soil samples are obtained.
(3.6) If the average Bray P1 or Mehlich test result
for soil phosphorus calculated from samples obtained from
the application field is 300 pounds or less of elemental
phosphorus per acre, livestock waste may continue to be
applied to that field in accordance with subsection (f)
of this Section. If the average Bray P1 or Mehlich test
result for soil phosphorus for an application field is
greater than 300 pounds of elemental phosphorus per acre,
the owner or operator shall apply livestock waste at the
phosphorus rate to the field until the average Bray P1 or
Mehlich test for soil phosphorus indicates there is less
than 300 pounds of elemental phosphorus per acre. Upon
the development of a phosphorus index that is approved
subject to the provisions established in Section 55 of
this Act, the owner or operator shall use such index in
lieu of the 300 pounds of elemental phosphorus per acre.
(4) An indication that the livestock waste will be
applied at rates not to exceed the agronomic nitrogen
demand of the crops to be grown when averaged over a
5-year period.
(5) A provision that livestock waste applied within
1/4 mile of any residence not part of the facility shall
be injected or incorporated on the day of application.
However, livestock management facilities and livestock
waste handling facilities that have irrigation systems in
operation prior to the effective date of this Act or
existing facilities applying waste on frozen ground are
not subject to the provisions of this item (5).
(6) A provision that livestock waste may not be
applied within 200 feet of surface water unless the water
is upgrade or there is adequate diking, and waste will
not be applied within 150 feet of potable water supply
wells.
(7) A provision that livestock waste may not be
applied in a 10-year flood plain unless the injection or
incorporation method of application is used.
(8) A provision that livestock waste may not be
applied in waterways.
(9) A provision that if waste is spread on frozen
or snow-covered land, the application will be limited to
land areas on which:
(A) land slopes are 5% or less, or
(B) adequate erosion control practices exist.
(10) Methods for disposal of animal waste.
(g) Any person who is required to prepare and maintain a
waste management plan and who fails to do so shall be issued
a warning letter by the Department for the first violation
and shall be given 30 working days to prepare a waste
management plan. For failure to prepare and maintain a waste
management plan, the person shall be fined an administrative
penalty of up to $1,000 by the Department and shall be
required to enter into an agreement of compliance to prepare
and maintain a waste management plan within 30 working days.
For failure to prepare and maintain a waste management plan
after the second 30 day period or for failure to enter into a
compliance agreement, the Department may issue an operational
cease and desist order until compliance is attained.
(Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99;
revised 3-9-00.)
Section 84. The Toll Highway Act is amended by changing
Section 20.1 as follows:
(605 ILCS 10/20.1) (from Ch. 121, par. 100-20.1)
Sec. 20.1. (a) The Authority is hereby authorized, by
resolution, to provide for the issuance, from time to time,
of refunding or advance refunding bonds for the purpose of
refunding any bonds then outstanding at maturity or on any
redemption date, whether an entire issue or series, or one or
more issues or series, or any portions or parts of any issue
or series, which shall have been issued by the Authority or
its predecessor, the Illinois State Toll Highway Commission.
(b) The proceeds of any such refunding bonds may be used
for any one or more of the following purposes:
(1) To pay the principal amount of any outstanding bonds
to be retired at maturity or redeemed prior to maturity;
(2) To pay the total amount of any redemption premium
incident to redemption of such outstanding bonds to be
refunded;
(3) To pay the total amount of any interest accrued or
to accrue to the date or dates of redemption or maturity of
such outstanding bonds to be refunded;
(4) To pay any and all costs or expenses incident to
such refunding;
(5) To make deposits into an irrevocable trust in
accordance with subsection (f) of this Section 20.1.
Refunding bonds may be issued in amounts sufficient to
accomplish any one or more of the foregoing purposes, taking
into consideration the income earned on bond proceeds prior
to the application thereof or without taking such income into
consideration.
(c) The issuance of refunding bonds, the maturities and
other details thereof, the rights of the holders thereof and
the rights, duties and obligations of the Authority in
respect of the same shall be governed by the provisions of
this Act, insofar as the same may be applicable, and may in
harmony therewith be adjusted and modified to conform to the
facts and circumstances prevailing in each instance of
issuance of such refunding bonds. The Authority need not
comply with the requirements of any other law applicable to
the issuance of bonds other than as set forth in this Act.
(d) With reference to the investment of the proceeds of
any such refunding bonds, the Authority shall not authorize
or anticipate investment earnings exceeding such as are
authorized or permitted under prevailing federal laws,
regulations and administrative rulings and interpretations
relating to arbitrage bonds.
(e) The proceeds of any such refunding bonds (together
with any other funds available for application to refunding
purposes, if so provided or permitted by resolution
authorizing the issuance of such refunding bonds, or in a
trust indenture securing the same) may be placed in trust to
be applied to the purchase, retirement at maturity or
redemption of the bonds to be refunded on such dates as may
be determined by the Authority. Pending application thereof,
the proceeds of such refunding bonds and such other available
funds, if any, may be invested in direct obligations of, or
obligations the principal of which and any interest on which
are unconditionally guaranteed by, the United States of
America which shall mature, or which shall be subject to
redemption by the holder thereof at its option, not later
than the respective date or dates when such proceeds and
other available funds, if any, will be required for the
refunding purpose intended or authorized.
(f) Upon (1) the deposit of the proceeds of the
refunding bonds (together with any other funds available for
application to refunding purposes, if so provided or
permitted by resolution authorizing the issuance of such
refunding bonds, or in a trust indenture securing the same)
in an irrevocable trust pursuant to a trust agreement with a
trustee requiring the trustee to satisfy the obligations of
the Authority to timely pay at maturity or upon prior
redemption the outstanding bonds for which the proceeds of
the refunding bonds and other funds, if any, are deposited,
in an amount sufficient to satisfy the obligations of the
Authority to timely pay at maturity or upon prior redemption
such outstanding bonds, or (2) the deposit in such
irrevocable trust of direct obligations of, or obligations
the principal and interest of which are unconditionally
guaranteed by, the United States of America in an amount
sufficient, without regard to investment earnings thereon, to
satisfy the obligations of the Authority to timely pay at
maturity or upon prior redemption such outstanding bonds, or
(3) the deposit in such irrevocable trust of obligations
referred to in (2) above in an amount sufficient so that,
taking into account investment earnings, upon maturity (or
upon optional redemption by the trustee) of such obligations
amounts will be produced on a timely basis sufficient to
satisfy the obligations of the Authority to timely pay at
maturity or upon prior redemption such outstanding bonds,
such outstanding bonds shall be deemed paid and no longer be
deemed to be outstanding for purposes of such resolution or
trust indenture and all rights and obligations under any such
prior resolution or trust indenture shall be deemed
discharged notwithstanding any provision of any such
outstanding bonds or any resolution or trust indenture
authorizing the issuance of such outstanding bonds; provided,
however, that the holders of such outstanding bonds shall
have an irrevocable and unconditional right to payment in
full of all principal of and premium, if any, and interest on
such outstanding bonds, at maturity or upon prior redemption,
from the amounts on deposit in such trust. The trustee shall
be any trust company or bank in the State of Illinois having
the power of a trust company possessing capital and surplus
of not less than $100,000,000.
(g) It is hereby found and determined that the
contractual rights of the bondholders under any such prior
resolution or trust indenture will not be impaired by a
refunding pursuant to the provisions of this Section 20.1 in
that, the payment of such outstanding bonds having been
provided for as set forth herein, the bondholders' rights and
security as to payment of the principal of, premium, if any,
and interest on such outstanding bonds will have been
enhanced, and the bondholders shall suffer no financial loss.
It is hereby further found and determined that a refunding of
any outstanding bonds of the Authority pursuant to this
Section 20.1 shall further the purposes set forth in Section
1..
(Source: P.A. 83-1258; revised 1-11-00.)
Section 85. The Illinois Vehicle Code is amended by
changing Sections 2-119, 3-616, 3-818, 3-821, 6-110.1, 6-210,
7-707, 11-501.5, and 12-201 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 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420).
Beginning January 1, 2000 and continuing through December
31, 2004, of the moneys collected for each certificate of
title, duplicate certificate of title, and corrected
certificate of title, $48 shall be deposited into the Road
Fund and $4 shall be deposited into the Motor Vehicle License
Plate Fund, except that if the balance in the Motor Vehicle
License Plate Fund exceeds $40,000,000 on the last day of a
calendar month, then during the next calendar month the $4
shall instead be deposited into the Road Fund.
Beginning January 1, 2005, of the moneys collected for
each certificate of title, duplicate certificate of title,
and corrected certificate of title, $52 shall be deposited
into the Road Fund.
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) Beginning January 1, 1999, of the monies collected
as a registration fee for each motorcycle, motor driven cycle
and motorized pedalcycle, 27% of each annual registration fee
for such vehicle and 27% 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): (i) $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
and (ii) $20 of the total fee for an original or renewal CDL
or commercial driver instruction permit shall be paid into
the Motor Carrier Safety Inspection Fund, which is hereby
created as a special fund in the State Treasury, to be used
by the Department of State Police, subject to appropriation,
to hire additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(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) 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, moneys in the Fund shall be used
in accordance with Section 3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(Source: P.A. 90-14, eff. 7-1-97; 90-287, eff. 1-1-98;
90-622, eff. 1-1-99; 91-37, eff. 7-1-99; 91-239, eff. 1-1-00;
91-537, eff. 8-13-99; 91-832, eff. 6-16-00; revised 7-5-00.)
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Person with disabilities license plates.
(a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for
a motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration
fees required under this Code from a person with disabilities
or a person who is deaf or hard of hearing person, the
Secretary of State, if so requested, shall issue to such
person registration plates as provided for in Section 3-611,
provided that the person with disabilities or person who is
deaf or hard of hearing must not be disqualified from
obtaining a driver's license under subsection 8 of Section
6-103 of this Code, and further provided that any person
making such a request must submit a statement certified by a
licensed physician to the effect that such person is a person
with disabilities as defined by Section 1-159.1 of this Code,
or alternatively provide adequate documentation that such
person has a Class 1A, Class 2A or Type Four disability
under the provisions of Section 4A of the Illinois
Identification Card Act. For purposes of this Section, an
Illinois Disabled Person Identification Card issued pursuant
to the Illinois Identification Card Act indicating that the
person thereon named has a disability shall be adequate
documentation of such a disability.
(b) The Secretary shall issue plates under this Section
to a person without disabilities if a member of that person's
immediate family has a Class 1A or Class 2A disability as
defined in Section 4A of the Illinois Identification Card Act
or is a person with disabilities as defined by Section
1-159.1 of this Code, and does not possess a vehicle
registered in the name of the person with disabilities under
Section 3-616, provided that the person with disabilities
relies frequently on the applicant for transportation in the
vehicle to be registered. Only 2 two vehicles per family may
be registered under this subsection. Any person requesting
special plates under this subsection shall submit such
documentation or such physician's statement as is required in
subsection paragraph (a) and a statement describing the
circumstances qualifying for issuance of special plates under
this subsection.
(c) The Secretary may issue a person with disabilities
parking decal or device to a person with disabilities as
defined by Section 1-159.1 without regard to qualification of
such person with disabilities for a driver's license or
registration of a vehicle by such person with disabilities or
such person's immediate family, provided such person with
disabilities making such a request has been issued a Disabled
Person Identification Card indicating that the person named
thereon has a Class 1A or Class 2A disability, or
alternatively, submits a statement certified by a licensed
physician to the effect that such person is a person with
disabilities as defined by Section 1-159.1.
(d) The Secretary shall prescribe by rules and
regulations procedures to certify or re-certify as necessary
the eligibility of persons whose disabilities are other than
permanent for special plates or person with disabilities
parking decals or devices issued under subsections (a), (b)
and (c). Except as provided under subsection (f) of this
Section, no such special plates, decals or devices shall be
issued by the Secretary of State to or on behalf of any
person with disabilities unless such person is certified as
meeting the definition of a person with disabilities pursuant
to Section 1-159.1 or meeting the requirement of a Type Four
disability as provided under Section 4A of the Illinois
Identification Card Act for the period of time that the
physician determines the applicant will have the disability,
but not to exceed 6 months from the date of certification or
recertification.
(e) Any person requesting special plates under this
Section may also apply to have the special plates
personalized, as provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall
issue person with disabilities registration plates or a
person with disabilities parking decal to corporations,
school districts, State or municipal agencies, limited
liability companies, nursing homes, convalescent homes, or
special education cooperatives which will transport persons
with disabilities. The Secretary shall prescribe by rule a
means to certify or re-certify the eligibility of
organizations to receive person with disabilities plates or
decals and to designate which of the 2 two person with
disabilities emblems shall be placed on qualifying vehicles.
(g) The Secretary of State, or his designee, may enter
into agreements with other jurisdictions, including foreign
jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
permanently disabled residents of this State who display a
special license plate or parking device that contains the
International symbol of access on his or her motor vehicle,
and to recognize such plates or devices issued by such other
jurisdictions. This State shall grant the same parking
privileges which are granted to disabled residents of this
State to any non-resident whose motor vehicle is licensed in
another state, district, territory or foreign country if such
vehicle displays the international symbol of access or a
distinguishing insignia on license plates or parking device
issued in accordance with the laws of the non-resident's
state, district, territory or foreign country.
(Source: P.A. 91-769, eff. 6-9-00; revised 12-26-00.)
(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
Sec. 3-818. (a) Mileage weight tax option. Any owner of
a vehicle of the second division may elect to pay a mileage
weight tax for such vehicle in lieu of the flat weight tax
set out in Section 3-815. Such election shall be binding to
the end of the registration year. Renewal of this election
must be filed with the Secretary of State on or before July 1
of each registration period. In such event the owner shall,
at the time of making such election, pay the $10 registration
fee and the minimum guaranteed mileage weight tax, as
hereinafter provided, which payment shall permit the owner to
operate that vehicle the maximum mileage in this State
hereinafter set forth. Any vehicle being operated on mileage
plates cannot be operated outside of this State. In addition
thereto, the owner of that vehicle shall pay a mileage weight
tax at the following rates for each mile traveled in this
State in excess of the maximum mileage provided under the
minimum guaranteed basis:
BUS, TRUCK OR TRUCK TRACTOR
Maximum Mileage
Minimum Mileage Weight Tax
Guaranteed Permitted for Mileage
Gross Weight Mileage Under in excess of
Vehicle and Weight Guaranteed Guaranteed
Load Class Tax Tax Mileage
12,000 lbs. or less MD $73 5,000 26 Mills
12,001 to 16,000 lbs. MF 120 6,000 34 Mills
16,001 to 20,000 lbs. MG 180 6,000 46 Mills
20,001 to 24,000 lbs. MH 235 6,000 63 Mills
24,001 to 28,000 lbs. MJ 315 7,000 63 Mills
28,001 to 32,000 lbs. MK 385 7,000 83 Mills
32,001 to 36,000 lbs. ML 485 7,000 99 Mills
36,001 to 40,000 lbs. MN 615 7,000 128 Mills
40,001 to 45,000 lbs. MP 695 7,000 139 Mills
45,001 to 54,999 lbs. MR 853 7,000 156 Mills
55,000 to 59,500 lbs. MS 920 7,000 178 Mills
59,501 to 64,000 lbs. MT 985 7,000 195 Mills
64,001 to 73,280 lbs. MV 1,173 7,000 225 Mills
73,281 to 77,000 lbs. MX 1,328 7,000 258 Mills
77,001 to 80,000 lbs. MZ 1,415 7,000 275 Mills
TRAILER
Maximum Mileage
Minimum Mileage Weight Tax
Guaranteed Permitted for Mileage
Gross Weight Mileage Under in excess of
Vehicle and Weight Guaranteed Guaranteed
Load Class Tax Tax Mileage
14,000 lbs. or less ME $75 5,000 31 Mills
14,001 to 20,000 lbs. MF 135 6,000 36 Mills
20,001 to 36,000 lbs. ML 540 7,000 103 Mills
36,001 to 40,000 lbs. MM 750 7,000 150 Mills
(a-1) A Special Hauling Vehicle is a vehicle or
combination of vehicles of the second division registered
under Section 3-813 transporting asphalt or concrete in the
plastic state or a vehicle or combination of vehicles that
are subject to the gross weight limitations in subsection (b)
of Section 15-111 for which the owner of the vehicle or
combination of vehicles has elected to pay, in addition to
the registration fee in subsection (a), $125 to the Secretary
of State for each registration year. The Secretary shall
designate this class of vehicle as a Special Hauling Vehicle.
In preparing rate schedules on registration applications,
the Secretary of State shall add to the above rates, the $10
registration fee. The Secretary may decline to accept any
renewal filed after July 1st.
The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
Every owner of a second division motor vehicle for which
he has elected to pay a mileage weight tax shall keep a daily
record upon forms prescribed by the Secretary of State,
showing the mileage covered by that vehicle in this State.
Such record shall contain the license number of the vehicle
and the miles traveled by the vehicle in this State for each
day of the calendar month. Such owner shall also maintain
records of fuel consumed by each such motor vehicle and fuel
purchases therefor. On or before the 10th day of January and
July the owner shall certify to the Secretary of State upon
forms prescribed therefor, summaries of his daily records
which shall show the miles traveled by the vehicle in this
State during the preceding 6 months and such other
information as the Secretary of State may require. The daily
record and fuel records shall be filed, preserved and
available for audit for a period of 3 years. Any owner filing
a return hereunder shall certify that such return is a true,
correct and complete return. Any person who willfully makes a
false return hereunder is guilty of perjury and shall be
punished in the same manner and to the same extent as is
provided therefor.
At the time of filing his return, each owner shall pay to
the Secretary of State the proper amount of tax at the rate
herein imposed.
Every owner of a vehicle of the second division who
elects to pay on a mileage weight tax basis and who operates
the vehicle within this State, shall file with the Secretary
of State a bond in the amount of $500. The bond shall be in
a form approved by the Secretary of State and with a surety
company approved by the Illinois Department of Insurance to
transact business in this State as surety, and shall be
conditioned upon such applicant's paying to the State of
Illinois all money becoming due by reason of the operation of
the second division vehicle in this State, together with all
penalties and interest thereon.
Upon notice from the Secretary that the registrant has
failed to pay the excess mileage fees, the surety shall
immediately pay the fees together with any penalties and
interest thereon in an amount not to exceed the limits of the
bond.
(Source: P.A. 91-37, eff. 7-1-99; 91-499, eff. 8-13-99;
revised 10-26-99.)
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous Registration and Title Fees.
(a) The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall
be in accordance with the following schedule:
Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle $65
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle $30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture, or accepted by a dealer in trade 13
Transfer of Registration or any evidence of
proper registration 15
Duplicate Registration Card for plates or other
evidence of proper registration 3
Duplicate Registration Sticker or Stickers, each 5
Duplicate Certificate of Title 65
Corrected Registration Card or Card for other
evidence of proper registration 3
Corrected Certificate of Title 65
Salvage Certificate 4
Fleet Reciprocity Permit 15
Prorate Decal 1
Prorate Backing Plate 3
There shall be no fee paid for a Junking Certificate.
(b) The Secretary may prescribe the maximum service
charge to be imposed upon an applicant for renewal of a
registration by any person authorized by law to receive and
remit or transmit to the Secretary such renewal application
and fees therewith.
(c) If a check is delivered to the Office of the
Secretary of State as payment of any fee or tax under this
Code, and such check is not honored by the bank on which it
is drawn for any reason, the registrant or other person
tendering the check remains liable for the payment of such
fee or tax. The Secretary of State may assess a service
charge of $19 in addition to the fee or tax due and owing for
all dishonored checks.
If the total amount then due and owing exceeds the sum
of $50 and has not been paid in full within 60 days from the
date such fee or tax became due to the Secretary of State,
the Secretary of State shall assess a penalty of 25% of such
amount remaining unpaid.
All amounts payable under this Section shall be computed
to the nearest dollar.
(d) The minimum fee and tax to be paid by any applicant
for apportionment of a fleet of vehicles under this Code
shall be $15 if the application was filed on or before the
date specified by the Secretary together with fees and taxes
due. If an application and the fees or taxes due are filed
after the date specified by the Secretary, the Secretary may
prescribe the payment of interest at the rate of 1/2 of 1%
per month or fraction thereof after such due date and a
minimum of $8.
(e) Trucks, truck tractors, truck tractors with loads,
and motor buses, any one of which having a combined total
weight in excess of 12,000 lbs. shall file an application for
a Fleet Reciprocity Permit issued by the Secretary of State.
This permit shall be in the possession of any driver
operating a vehicle on Illinois highways. Any foreign
licensed vehicle of the second division operating at any time
in Illinois without a Fleet Reciprocity Permit or other
proper Illinois registration, shall subject the operator to
the penalties provided in Section 3-834 of this Code. For
the purposes of this Code, "Fleet Reciprocity Permit" means
any second division motor vehicle with a foreign license and
used only in interstate transportation of goods. The fee for
such permit shall be $15 per fleet which shall include all
vehicles of the fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle
or off-highway motorcycle used for production agriculture"
means any all-terrain vehicle or off-highway motorcycle used
in the raising of or the propagation of livestock, crops for
sale for human consumption, crops for livestock consumption,
and production seed stock grown for the propagation of feed
grains and the husbandry of animals or for the purpose of
providing a food product, including the husbandry of blood
stock as a main source of providing a food product.
"All-terrain vehicle or off-highway motorcycle used in
production agriculture" also means any all-terrain vehicle or
off-highway motorcycle used in animal husbandry,
floriculture, aquaculture, horticulture, and viticulture.
(Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98;
91-37, eff. 7-1-99; 91-441, eff. 1-1-00; revised 10-19-99.)
(625 ILCS 5/6-110.1)
Sec. 6-110.1. Confidentiality of captured photographs or
images. The Secretary of State shall maintain a file on or
contract to file all photographs and signatures obtained in
the process of issuing a driver's license, permit, or
identification card. The photographs and signatures shall be
confidential and shall not be disclosed except to the
following persons:
(1) the individual upon written request;
(2) officers and employees of the Secretary of
State who have a need to have access to the stored images
for purposes of issuing and controlling driver's
licenses, permits, or identification cards;
(3) law enforcement officials for a lawful, civil,
or criminal law enforcement investigation; or
(4) other entities that as the Secretary may exempt
by rule.
(Source: P.A. 90-191, eff. 1-1-98; revised 2-9-00.)
(625 ILCS 5/6-210) (from Ch. 95 1/2, par. 6-210)
Sec. 6-210. No operation under foreign license during
suspension or revocation in this State.
Any resident or nonresident whose drivers license or
permit or privilege to operate a motor vehicle in this State
has been suspended or revoked as provided in this Act shall
not operate a motor vehicle in this State:
(1) during the period of such suspension, except as
permitted by a restricted driving permit issued under the
provisions of Section 6-206 (b) 2 of this Act; or
(2) after such revocation until a license is
obtained when and as permitted under this Act, except as
permitted by a restricted driving permit issued under the
provisions in paragraph (a) of Section 6-205 of this Act.
(Source: P.A. 76-1586; revised 1-16-01.)
(625 ILCS 5/7-707)
Sec. 7-707. Payment of reinstatement fee. When an
obligor receives Upon an obligors receiving notice from the
Secretary of State that the suspension of driving privileges
has been terminated based upon receipt of notification from
the circuit clerk of the obligor's obligors compliance with a
court order of support, the obligor shall pay a $30
reinstatement fee to the Secretary of State as set forth in
Section 6-118 of this Code. The fee shall be deposited into
the Family Responsibility Fund. In accordance with
subsection (e) of Section 6-115 of this Code, the Secretary
of State may decline to process a renewal of a driver's
license of a person who has not paid this fee.
(Source: P.A. 89-92, eff. 7-1-96; revised 10-20-00.)
(625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
Sec. 11-501.5. Preliminary Breath Screening Test.
(a) If a law enforcement officer has reasonable suspicion
to believe that a person is violating or has violated Section
11-501 or a similar provision of a local ordinance, the
officer, prior to an arrest, may request the person to
provide a sample of his or her breath for a preliminary
breath screening test using a portable device approved by the
Department of State Police. The person may refuse the test.
The results of this preliminary breath screening test may be
used by the law enforcement officer for the purpose of
assisting with the determination of whether to require a
chemical test as authorized under Sections 11-501.1 and
11-501.2, and the appropriate type of test to request. Any
chemical test authorized under Sections 11-501.1 and 11-501.2
may be requested by the officer regardless of the result of
the preliminary breath screening test, if probable cause for
an arrest exists. The result of a preliminary breath
screening test may be used by the defendant as evidence in
any administrative or court proceeding involving a violation
of Section 11-501 or 11-501.1.
(b) The Department of State Police shall create a pilot
program to establish the effectiveness of pupillometer
technology (the measurement of the pupil's reaction to light)
as a noninvasive technique to detect and measure possible
impairment of any person who drives or is in actual physical
control of a motor vehicle resulting from the suspected usage
of alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof. This technology shall
also be used to detect fatigue levels of the operator of a
Commercial Motor Vehicle as defined in Section 6-500(6),
pursuant to Section 18b-105 (Part 395-Hours of Service of
Drivers) of the Illinois Vehicle Code. A State Police
officer may request that the operator of a commercial motor
vehicle have his or her eyes examined or tested with a
pupillometer device. The person may refuse the examination
or test. The State Police officer shall have the device
readily available to limit undue delays.
If a State Police officer has reasonable suspicion to
believe that a person is violating or has violated Section
11-501, the officer may use the pupillometer technology, when
available. The officer, prior to an arrest, may request the
person to have his or her eyes examined or tested with a
pupillometer device. The person may refuse the examination
or test. The results of this examination or test may be used
by the officer for the purpose of assisting with the
determination of whether to require a chemical test as
authorized under Sections 11-501.1 and 11-501.2 and the
appropriate type of test to request. Any chemical test
authorized under Sections 11-501.1 and 11-501.2 may be
requested by the officer regardless of the result of the
pupillometer examination or test, if probable cause for an
arrest exists. The result of the examination or test may be
used by the defendant as evidence in any administrative or
court proceeding involving a violation of 11-501 or 11-501.1.
The pilot program shall last for a period of 18 months
and involve the testing of 15 pupillometer devices. Within
90 days of the completion of the pilot project, the
Department of State Police shall file a report with the
President of the Senate and Speaker of the House evaluating
the project.
(Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00;
revised 7-12-00.)
(625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
Sec. 12-201. When lighted lamps are required.
(a) When operated upon any highway in this State, every
motorcycle shall at all times exhibit at least one lighted
lamp, showing a white light visible for at least 500 feet in
the direction the motorcycle is proceeding. However, in lieu
of such lighted lamp, a motorcycle may be equipped with and
use a means of modulating the upper beam of the head lamp
between high and a lower brightness. No such head lamp shall
be modulated, except to otherwise comply with this Code,
during times when lighted lamps are required for other motor
vehicles.
(b) All other motor vehicles shall exhibit at least 2
lighted head lamps, with at least one on each side of the
front of the vehicle, which satisfy United States Department
of Transportation requirements, showing white lights,
including that emitted by high intensity discharge (HID)
lamps, or lights of a yellow or amber tint, during the period
from sunset to sunrise, at times when rain, snow, fog, or
other atmospheric conditions require the use of windshield
wipers, and at any other 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. Parking lamps may be used in addition
to but not in lieu of such head lamps. Every motor vehicle,
trailer, or semi-trailer shall also exhibit at least 2
lighted lamps, commonly known as tail lamps, which shall be
mounted on the left rear and right rear of the vehicle so as
to throw a red light visible for at least 500 feet in the
reverse direction, except that a truck tractor or road
tractor manufactured before January 1, 1968 and all
motorcycles need be equipped with only one such tail lamp.
(c) Either a tail lamp or a separate lamp shall be so
constructed and placed as to illuminate with a white light a
rear registration plate when required and render it clearly
legible from a distance of 50 feet to the rear. Any tail lamp
or tail lamps, together with any separate lamp or lamps for
illuminating a rear registration plate, shall be so wired as
to be lighted whenever the head lamps or auxiliary driving
lamps are lighted.
(d) A person shall install only head lamps that satisfy
United States Department of Transportation regulations and
show white light, including that emitted by HID lamps, or
light of a yellow or amber tint for use by a motor vehicle.
(Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00;
revised 10-8-99.)
Section 85.2. The Official Court Reports Act is amended
by changing Section 6 as follows:
(705 ILCS 65/6) (from Ch. 37, par. 646)
Sec. 6. The reports of decisions of the Supreme Court
and Appellate Court shall be distributed as follows: Five
copies to the Library of Congress, one copy to the President
of the United States, one copy to each state and territorial
library, one copy to each State officer required to reside at
the seat of government, and one copy to the Legislative
Reference Bureau. Five copies shall be deposited in the
library of the Supreme Court of this State, and 2 copies
shall be deposited in the State Library for the use of the
State.
For the purpose of carrying into effect the provisions of
this Section, the Director of the Administrative Office of
the Illinois Courts is authorized and required to purchase a
sufficient number of copies of each volume of the said
reports from time to time as they are published.
This provision shall not be construed to require the
Director to purchase and distribute the reports to any office
or library that declines receipt of them.
The Director of the Administrative Office of the Illinois
Courts is authorized to purchase a sufficient number of
copies of each volume of reports as required by the judges,
clerks of courts, and research departments of the Supreme
Court, the Appellate Court, and the circuit courts of this
State.
(Source: P.A. 88-44; revised 2-23-00.)
Section 85.4. The Foreign Language Court Interpreter Act
is amended by changing Section 5 as follows:
(705 ILCS 78/5)
Sec. 5. Foreign Language Court Interpreter Program. The
Supreme Court may establish and administer by rule or
procedure a program of testing and certification for foreign
language court interpreters. The program may provide that:
(1) The Administrative Office of the Illinois
Courts may work cooperatively with community colleges and
other private or public educational institutions and with
other public or private organizations to establish a
certification preparation curriculum and suitable
training programs to ensure the availability of certified
interpreters. Training programs may be made readily
available throughout the State.
(2) The Administrative Office of the Illinois
Courts may establish and adopt standards of proficiency,
written and oral, in English and the language to be
interpreted.
(3) The Administrative Office of the Illinois
Courts may conduct periodic examinations to ensure the
availability of certified interpreters. Periodic
examinations may be made readily available throughout the
State.
(4) The Administrative Office of the Illinois
Courts may compile, maintain, and disseminate a current
list of interpreters certified by the Administrative
Office of the Illinois Courts.
(5) The Administrative Office of the Illinois
Courts may charge reasonable fees, as authorized by the
Supreme Court, for testing, training, and certification.
These fees shall be deposited into the Foreign Language
Interpreter Fund, which is hereby created as a special
fund in the State Treasury.
(6) The expenses of testing, training, and
certifying foreign language court interpreters under the
program, as authorized by the Supreme Court, may be paid,
subject to appropriation, from the Foreign Language
Interpreter Fund or any other source of funds available
for this purpose.
(Source: P.A. 90-771, eff. 1-1-99; revised 2-23-00.)
Section 86. The Clerks of Courts Act is amended by
changing Sections 27.1, 27.1a, and 27.2 as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in
all counties having a population of 180,000 inhabitants or
less shall be paid in advance, except as otherwise provided,
and shall be as follows:
(a) Civil Cases.
(1) All civil cases except as otherwise
provided........................................... $40
(2) Judicial Sales (except Probate).......... $40
(b) Family.
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal.
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $62.50 as a
fee for the services of a jury. The jury fee shall
be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by
the defendant, no jury shall be called, and the
case shall be tried by the court without a jury.
(d) Other Civil Cases.
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $62.50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer.
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings.
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer.
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain.
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement.
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate.
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue.
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance.
In civil cases................................ $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints.
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed.
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes.
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication.
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions.
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim.
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment.
From a court, the same fee as if case
originally filed.
(t) Publications.
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections.
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for maintaining child support
records and the processing of support orders to the
State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for
the official record of the Court. Such sum shall be
in addition to and separate from amounts ordered to
be paid as maintenance or child support and shall
be deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to maintain child support orders and record all
payments issued by the State Disbursement Unit for
the official record of the Court. Unless paid in
cash or pursuant to an order for withholding, the
payment of the fee shall be by a separate
instrument from the support payment and shall be
made to the order of the Clerk. The Clerk may
recover from the person making the maintenance or
child support payment any additional cost incurred
in the collection of this annual fee.
(4) Interest earned on any funds held by the
clerk shall be turned over to the county general
fund as an earning of the office.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases.
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search.
For searching a record, per year searched..... $4
(x) Printed Output.
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons.
For each alias summons issued................. $2
(z) Expungement of Records.
For each expungement petition filed........... $15
(aa) Other Fees.
Any fees not covered by this Section shall be set by
rule or administrative order of the Circuit Court, with
the approval of the Supreme Court.
(bb) Exemptions.
No fee provided for herein shall be charged to any
unit of State or local government or school district
unless the Court orders another party to pay such fee on
its behalf. The fee requirements of this Section shall
not apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws and ordinances. The fee requirements of this Section
shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by
a private owner or tenant of real property within 1200
feet of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(cc) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(dd) Adoption exemptions.
No fee other than that set forth in subsection (cc)
shall be charged to any person in connection with an
adoption proceeding.
(ee) Additional Services.
Beginning July 1, 1993, the clerk of the circuit
court may provide such additional services for which
there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested
by the public and agreed to by the public and by the
clerk and approved by the chief judge of the circuit
court. Any charges for additional services shall be as
agreed to between the clerk and the party making the
request and approved by the chief judge of the circuit
court. Nothing in this subsection shall be construed to
require any clerk to provide any service not otherwise
required by law.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court
in all counties having a population in excess of 180,000 but
not more than 650,000 inhabitants in the instances described
in this Section shall be as provided in this Section. The
fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $40.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but
does not exceed $15,000, $115. When the amount exceeds
$15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not
exceed $1500, $20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $10; when the amount exceeds $1,000 but does not
exceed $5,000, $20; and when the amount exceeds $5,000,
$30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture,
$20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number. The
Clerk shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after
remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code and for filing
a transcript of commitment proceedings held in another
county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $192.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee
of $2 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$100, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $25.
(2) For administration of the estate of a ward,
$50, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$10; when the amount claimed is $500 or more but
less than $10,000, $25; when the amount claimed is
$10,000 or more, $40; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1,
plus 50¢ per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders,
$20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $20.
(2) In counties having a population in excess of
180,000 but not more than 650,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$62.50 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining on the
complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to maintain child support orders and record
all payments issued by the State Disbursement Unit for
the official record of the Court. The clerk may recover
from the person making the maintenance or child support
payment any additional cost incurred in the collection
of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a
private owner or tenant of real property within 1200 feet
of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court
in all counties having a population in excess of 650,000
inhabitants but less than 3,000,000 inhabitants in the
instances described in this Section shall be as provided in
this Section. In addition, the fees provided in this Section
shall apply to all units of local government and school
districts in counties with more than 3,000,000 inhabitants.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $40.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but
does not exceed $15,000, $115. When the amount exceeds
$15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only; $20.
(B) When the amount in the case does not
exceed $1500, $20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $10; when the amount exceeds $1,000 but does not
exceed $5,000, $20; and when the amount exceeds $5,000,
$30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture,
$20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number.
The Clerk shall not charge any new or additional fee for
the reinstatement. Upon reinstatement the Clerk shall
advise the parties of the reinstatement. A party shall
have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury
trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $192.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee
of $2 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$100, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $25.
(2) For administration of the estate of a ward,
$50, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$10; when the amount claimed is $500 or more but
less than $10,000, $25; when the amount claimed is
$10,000 or more, $40; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1,
plus 50¢ per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his attorney
shall pay to the clerk all postage charges incurred by
the clerk in mailing petitions, orders, notices, or other
documents pursuant to the provisions of the Probate Act
of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders,
$20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $20.
(2) In counties having a population of more than
650,000 but fewer than 3,000,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$50 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to maintain child support orders and record
all payments issued by the State Disbursement Unit for
the official record of the Court. The clerk may recover
from the person making the maintenance or child support
payment any additional cost incurred in the collection of
this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $15.
(dd) Exceptions.
The fee requirements of this Section shall not apply
to police departments or other law enforcement agencies.
In this Section, "law enforcement agency" means an agency
of the State or a unit of local government which is
vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General
or any state's attorney. The fee requirements of this
Section shall not apply to any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1200 feet of a dangerous or unsafe
building seeking an order compelling the owner or owners
of the building to take any of the actions authorized
under that subsection.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
Section 87. The Juvenile Court Act of 1987 is amended by
changing Sections 5-130 and 5-615 and by setting forth and
renumbering multiple versions of Section 5-160 as follows:
(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with first degree murder, aggravated criminal sexual
assault, aggravated battery with a firearm committed in a
school, on the real property comprising a school, within
1,000 feet of the real property comprising a school, at a
school related activity, or on, boarding, or departing from
any conveyance owned, leased, or contracted by a school or
school district to transport students to or from school or a
school related activity regardless of the time of day or time
of year that the offense was committed, armed robbery when
the armed robbery was committed with a firearm, or aggravated
vehicular hijacking when the hijacking was committed with a
firearm.
These charges and all other charges arising out of the
same incident shall be prosecuted under the criminal laws of
this State.
For purposes of this paragraph (a) of subsection (l):
"School" means a public or private elementary or
secondary school, community college, college, or university.
"School related activity" means any sporting, social,
academic or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the Criminal Code of 1961
on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (1) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the Criminal Code of 1961.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (1), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(2) (a) The definition of a delinquent minor under
Section 5-120 of this Article shall not apply to any minor
who at the time of the offense was at least 15 years of age
and who is charged with an offense under Section 401 of the
Illinois Controlled Substances Act, while in a school,
regardless of the time of day or the time of year, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, on the real property comprising any school,
regardless of the time of day or the time of year, or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or on a
public way within 1,000 feet of the real property comprising
any school, regardless of the time of day or the time of
year, or residential property owned, operated or managed by a
public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development. School
is defined, for the purposes of this Section, as any public
or private elementary or secondary school, community college,
college, or university. These charges and all other charges
arising out of the same incident shall be prosecuted under
the criminal laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (2) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (2) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (2),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (2), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property
comprising any school, regardless of the time of day or the
time of year. School is defined, for purposes of this
Section as any public or private elementary or secondary
school, community college, college, or university. These
charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (3) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (3), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(4) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course
of either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection
(4) does not include a minor charged with first degree murder
based exclusively upon the accountability provisions of the
Criminal Code of 1961.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping,
the State's Attorney may proceed on any lesser charge or
charges, but only in Juvenile Court under the provisions of
this Article. The State's Attorney may proceed under the
criminal laws of this State on a lesser charge if before
trial the minor defendant knowingly and with advice of
counsel waives, in writing, his or her right to have the
matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping,
and additional charges that are not specified in paragraph
(a) of this subsection, all of the charges arising out of the
same incident shall be prosecuted under the criminal laws of
this State.
(c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court
shall have available any or all dispositions prescribed for
that offense under Chapter V of the Unified Code of
Corrections.
(ii) If the minor was not yet 15 years of age at the
time of the offense, and if after trial or plea the court
finds that the minor committed an offense other than first
degree murder committed during the course of either
aggravated criminal sexual assault, criminal sexual assault,
or aggravated kidnapping, the finding shall not invalidate
the verdict or the prosecution of the minor under the
criminal laws of the State; however, unless the State
requests a hearing for the purpose of sentencing the minor
under Chapter V of the Unified Code of Corrections, the Court
must proceed under Sections 5-705 and 5-710 of this Article.
To request a hearing, the State must file a written motion
within 10 days following the entry of a finding or the return
of a verdict. Reasonable notice of the motion shall be given
to the minor or his or her counsel. If the motion is made by
the State, the court shall conduct a hearing to determine
whether the minor should be sentenced under Chapter V of the
Unified Code of Corrections. In making its determination,
the court shall consider among other matters: (a) whether
there is evidence that the offense was committed in an
aggressive and premeditated manner; (b) the age of the
minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to
the Juvenile Court or the Department of Corrections, Juvenile
Division, for the treatment and rehabilitation of the minor;
(e) whether the best interest of the minor and the security
of the public require sentencing under Chapter V of the
Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State
as a result of the application of the provisions of Section
5-125, or subsection (1) or (2) of this Section. These
charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (5) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (5), the conviction shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of this State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if whether the
minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous delinquent history of the minor; (d) whether there
are facilities particularly available to the Juvenile Court
or the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who,
pursuant to subsection (1), (2), or (3) or Section 5-805, or
5-810, has previously been placed under the jurisdiction of
the criminal court and has been convicted of a crime under an
adult criminal or penal statute. Such a minor shall be
subject to prosecution under the criminal laws of this State.
(7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction
of the Juvenile Court, except that minors under 17 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the
prosecution of any minor for an offense committed on or after
his or her 17th birthday even though he or she is at the time
of the offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of
an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her counsel, may, at
any time before commencement of the adjudicatory hearing,
file with the court a motion that criminal prosecution be
ordered and that the petition be dismissed insofar as the act
or acts involved in the criminal proceedings are concerned.
If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00;
91-673, eff. 12-22-99; revised 1-7-00.)
(705 ILCS 405/5-160)
Sec. 5-160. Liability for injury, loss, or tortious
acts. Neither the State or any unit of local government,
probation department, or public or community service program
or site, nor any official, volunteer, or employee of the
State or a unit of local government, probation department,
public or community service program or site acting in the
course of his or her official duties shall be liable for any
injury or loss a person might receive while performing public
or community service as ordered either (1) by the court or
(2) by any duly authorized station adjustment or probation
adjustment, teen court, community mediation, or other
administrative diversion program authorized by this Act for a
violation of a penal statute of this State or a local
government ordinance (whether penal, civil, or
quasi-criminal) or for a traffic offense, nor shall they be
liable for any tortious acts of any person performing public
or community service, except for wilful, wanton misconduct or
gross negligence on the part of the governmental unit,
probation department, or public or community service program
or site or on the part of the official, volunteer, or
employee.
(Source: P.A. 91-820, eff. 6-13-00.)
(705 ILCS 405/5-170)
Sec. 5-170. 5-160. Representation by counsel. In a
proceeding under this Article, a minor who was under 13 years
of age at the time of the commission of an act that if
committed by an adult would be a violation of Section 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 must be
represented by counsel during the entire custodial
interrogation of the minor.
(Source: P.A. 91-915, eff. 1-1-01; revised 9-5-00.)
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
(2) If the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or State's Attorney objects
in open court to any continuance and insists upon proceeding
to findings and adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the
court to order a continuance of the hearing for the
production of additional evidence or for any other proper
reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period
of continuance under supervision may not exceed 24 months.
The court may terminate a continuance under supervision at
any time if warranted by the conduct of the minor and the
ends of justice.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical
Psychologist Licensing Act, or the Clinical Social Work
and Social Work Practice Act, or an entity licensed by
the Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the
provision of drug addiction and alcoholism treatment;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or
her at his or her home or elsewhere;
(j) reside with his or her parents or in a foster
home;
(k) attend school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same
manner and under the same conditions as provided in
subsection (4) of Section 5-710, except that the
"sentencing hearing" referred to in that Section shall be
the adjudicatory hearing for purposes of this Section;
(p) comply with curfew requirements as designated
by the court;
(q) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer;
(r) 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;
(r-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(s) 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; or
(t) comply with any other conditions as may be
ordered by the court.
(6) A minor whose case is continued under supervision
under subsection (5) shall be given a certificate setting
forth the conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the
State's Attorney, or, at the request of the minor after
notice and hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that a condition
of supervision has not been fulfilled, the court may proceed
to findings and adjudication and disposition. The filing of
a petition for violation of a condition of the continuance
under supervision shall toll the period of continuance under
supervision until the final determination of the charge, and
the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing must be
held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of the continuance
under supervision, require the minor 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
alleged violation or similar damage to property located in
the municipality or county in which the alleged violation
occurred. The condition may be in addition to any other
condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or
in furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 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
unlawful use of a firearm. If the court determines the
question in the affirmative the court shall, as a condition
of the continuance under supervision and as part of or in
addition to any other condition of the supervision, require
the minor to perform community service for not less than 30
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 an alleged
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 alleged violation occurred. When
possible and reasonable, the community service shall be
performed in the minor'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.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $25
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is
made a ward of the State under this Act while the minor is in
placement. The fee shall be imposed only upon a minor who is
actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the
minor's behalf.
(Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00;
91-332, eff. 7-29-99; revised 10-7-99.)
Section 88. The Criminal Code of 1961 is amended by
changing Sections 9-3, 11-15, 11-18, 11-20.1, 12-3.2, 12-4,
12-9, 12-14.1, 16-1, 17-2, 21-1.5, 26-1, 33C-5, and 33E-2 and
the heading to Article 20.5 and by changing and renumbering
multiple versions of Section 17-23 as follows:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless
Homicide.
(a) A person who unintentionally kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle or operating a snowmobile, all-terrain
vehicle, or watercraft, in which case the person commits
reckless homicide.
(b) In cases involving reckless homicide, being under
the influence of alcohol or any other drug or drugs at the
time of the alleged violation shall be presumed to be
evidence of a reckless act unless disproved by evidence to
the contrary.
(c) For the purposes of this Section, a person shall be
considered to be under the influence of alcohol or other
drugs while:
1. The alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2 of the
Illinois Vehicle Code;
2. Under the influence of alcohol to a degree that
renders the person incapable of safely driving a motor
vehicle or operating a snowmobile, all-terrain vehicle,
or watercraft;
3. Under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving a motor vehicle or operating
a snowmobile, all-terrain vehicle, or watercraft; or
4. Under the combined influence of alcohol and any
other drug or drugs to a degree which renders the person
incapable of safely driving a motor vehicle or operating
a snowmobile, all-terrain vehicle, or watercraft.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) Except as otherwise provided in subsection (e-5), in
cases involving reckless homicide in which the defendant was
determined to have been under the influence of alcohol or any
other drug or drugs as an element of the offense, or in cases
in which the defendant is proven beyond a reasonable doubt to
have been under the influence of alcohol or any other drug or
drugs, the penalty shall be a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more
than 14 years.
(e-5) In cases involving reckless homicide in which the
defendant was determined to have been under the influence of
alcohol or any other drug or drugs as an element of the
offense, or in cases in which the defendant is proven beyond
a reasonable doubt to have been under the influence of
alcohol or any other drug or drugs, if the defendant kills 2
or more individuals as part of a single course of conduct,
the penalty is a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 6 years and not more than 28 years.
(f) In cases involving involuntary manslaughter in which
the victim was a family or household member as defined in
paragraph (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
90-655, eff. 7-30-98; 91-6, eff. 1-1-00; 91-122, eff. 1-1-00;
revised 10-8-99.)
(720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
Sec. 11-15. Soliciting for a prostitute.
(a) Any person who performs any of the following acts
commits soliciting for a prostitute:
(1) Solicits another for the purpose of
prostitution; or
(2) Arranges or offers to arrange a meeting of
persons for the purpose of prostitution; or
(3) Directs another to a place knowing such
direction is for the purpose of prostitution.
(b) Sentence. Soliciting for a prostitute is a Class A
misdemeanor. A person convicted of a second or subsequent
violation of this Section, or of any combination of such
number of convictions under this Section and Sections 11-14,
11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a
Class 4 felony. When a person has one or more prior
convictions, the information or indictment charging that
person shall state such prior conviction so as to give notice
of the State's intention to treat the charge as a felony.
The fact of such prior conviction is not an element of the
offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial.
(b-5) (c) A person who violates this Section within
1,000 feet of real property comprising a school commits a
Class 4 felony.
(c) A peace officer who arrests a person for a violation
of this Section may impound any vehicle used by the person in
the commission of the offense. The person may recover the
vehicle from the impound after a minimum of 2 hours after
arrest upon payment of a fee of $200. The fee shall be
distributed to the unit of government whose peace officers
made the arrest for a violation of this Section. This $200
fee includes the costs incurred by the unit of government to
tow the vehicle to the impound. Upon the presentation of a
signed court order by the defendant whose vehicle was
impounded showing that the defendant has been acquitted of
the offense of soliciting for a prostitute or that the
charges have been dismissed against the defendant for that
offense, the municipality shall refund the $200 fee to the
defendant.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
revised 10-20-99.)
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a prostitute.
(a) Any person who performs any of the following acts
with a person not his or her spouse commits the offense of
patronizing a prostitute:
(1) Engages in an act of sexual penetration as
defined in Section 12-12 of this Code with a prostitute;
or
(2) Enters or remains in a place of prostitution
with intent to engage in an act of sexual penetration as
defined in Section 12-12 of this Code.
(b) Sentence.
Patronizing a prostitute is a Class A misdemeanor. A
person convicted of a second or subsequent violation of this
Section, or of any combination of such number of convictions
under this Section and Sections 11-14, 11-15, 11-17, 11-18.1
and 11-19 of this Code, is guilty of a Class 4 felony. When
a person has one or more prior convictions, the information
or indictment charging that person shall state such prior
convictions so as to give notice of the State's intention to
treat the charge as a felony. The fact of such conviction is
not an element of the offense and may not be disclosed to the
jury during trial unless otherwise permitted by issues
properly raised during such trial.
(c) A person who violates this Section within 1,000 feet
of real property comprising a school commits a Class 4
felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
revised 10-20-99.)
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits the offense of child pornography
who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he
knows or reasonably should know to be under the age of 18
or any institutionalized severely or profoundly mentally
retarded person where such child or institutionalized
severely or profoundly mentally retarded person is:
(i) actually or by simulation engaged in any
act of sexual intercourse with any person or animal;
or
(ii) actually or by simulation engaged in any
act of sexual contact involving the sex organs of
the child or institutionalized severely or
profoundly mentally retarded person and the mouth,
anus, or sex organs of another person or animal; or
which involves the mouth, anus or sex organs of the
child or institutionalized severely or profoundly
mentally retarded person and the sex organs of
another person or animal; or
(iii) actually or by simulation engaged in any
act of masturbation; or
(iv) actually or by simulation portrayed as
being the object of, or otherwise engaged in, any
act of lewd fondling, touching, or caressing
involving another person or animal; or
(v) actually or by simulation engaged in any
act of excretion or urination within a sexual
context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose,
posture or setting involving a lewd exhibition of
the unclothed genitals, pubic area, buttocks, or, if
such person is female, a fully or partially
developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any
film, videotape, photograph or other similar visual
reproduction or depiction by computer of any child or
institutionalized severely or profoundly mentally
retarded person whom the person knows or reasonably
should know to be under the age of 18 or to be an
institutionalized severely or profoundly mentally
retarded person, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction
by computer which includes a child whom the person knows
or reasonably should know to be under the age of 18 or an
institutionalized severely or profoundly mentally
retarded person engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he knows or reasonably should know
to be under the age of 18 or an institutionalized
severely or profoundly mentally retarded person to appear
in any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction or
depiction by computer in which the child or
institutionalized severely or profoundly mentally
retarded person is or will be depicted, actually or by
simulation, in any act, pose or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(5) is a parent, step-parent, legal guardian or
other person having care or custody of a child whom the
person knows or reasonably should know to be under the
age of 18 or an institutionalized severely or profoundly
mentally retarded person and who knowingly permits,
induces, promotes, or arranges for such child or
institutionalized severely or profoundly mentally
retarded person to appear in any stage play, live
performance, film, videotape, photograph or other similar
visual presentation, portrayal or simulation or depiction
by computer of any act or activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(6) with knowledge of the nature or content
thereof, possesses any film, videotape, photograph or
other similar visual reproduction or depiction by
computer of any child or institutionalized severely or
profoundly mentally retarded person whom the person knows
or reasonably should know to be under the age of 18 or to
be an institutionalized severely or profoundly mentally
retarded person, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(7) solicits, uses, persuades, induces, entices, or
coerces a person to provide a child under the age of 18
or an institutionalized severely or profoundly mentally
retarded person to appear in any videotape, photograph,
film, stage play, live presentation, or other similar
visual reproduction or depiction by computer in which the
child or an institutionalized severely or profoundly
mentally retarded person will be depicted, actually or by
simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(b) (1) It shall be an affirmative defense to a charge
of child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years
of age or older or that the person was not an
institutionalized severely or profoundly mentally retarded
person but only where, prior to the act or acts giving rise
to a prosecution under this Section, he took some affirmative
action or made a bonafide inquiry designed to ascertain
whether the child was 18 years of age or older or that the
person was not an institutionalized severely or profoundly
mentally retarded person and his reliance upon the
information so obtained was clearly reasonable.
(2) (Blank).
(3) The charge of child pornography shall not apply
to the performance of official duties by law enforcement
or prosecuting officers, court personnel or attorneys,
nor to bonafide treatment or professional education
programs conducted by licensed physicians, psychologists
or social workers.
(4) Possession by the defendant of more than one of
the same film, videotape or visual reproduction or
depiction by computer in which child pornography is
depicted shall raise a rebuttable presumption that the
defendant possessed such materials with the intent to
disseminate them.
(5) The charge of child pornography does not apply
to a person who does not voluntarily possess a film,
videotape, or visual reproduction or depiction by
computer in which child pornography is depicted.
Possession is voluntary if the defendant knowingly
procures or receives a film, videotape, or visual
reproduction or depiction for a sufficient time to be
able to terminate his or her possession.
(c) Violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Violation of
paragraph (3) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1500 and a maximum fine of
$100,000. Violation of paragraph (2) of subsection (a) is a
Class 1 felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000. Violation of paragraph (6) of
subsection (a) is a Class 3 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a
child under the age of 18 or an institutionalized severely or
profoundly mentally retarded person engaged in any activity
described in subparagraphs (i) through (vii) or paragraph 1
of subsection (a), and any material or equipment used or
intended for use in photographing, filming, printing,
producing, reproducing, manufacturing, projecting,
exhibiting, depiction by computer, or disseminating such
material shall be seized and forfeited in the manner, method
and procedure provided by Section 36-1 of this Code for the
seizure and forfeiture of vessels, vehicles and aircraft.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to
unseal and view the evidence, only for good cause shown and
in the discretion of the court. The motion must expressly
set forth the purpose for viewing the material. The State's
attorney and the victim, if possible, shall be provided
reasonable notice of the hearing on the motion to unseal the
evidence. Any person entitled to notice of a hearing under
this subsection (e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer;
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show;
(3) "Reproduce" means to make a duplication or
copy;
(4) "Depict by computer" means to generate or
create, or cause to be created or generated, a computer
program or data that, after being processed by a computer
either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(5) "Depiction by computer" means a computer
program or data that, after being processed by a computer
either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 16D-2 of this
Code.
(7) "Child" includes a film, videotape, photograph,
or other similar visual medium or reproduction or
depiction by computer that is, or appears to be, that of
a person, either in part, or in total, under the age of
18, regardless of the method by which the film,
videotape, photograph, or other similar visual medium or
reproduction or depiction by computer is created,
adopted, or modified to appear as such. "Child" also
includes a film, videotape, photograph, or other similar
visual medium or reproduction or depiction by computer
that is advertised, promoted, presented, described, or
distributed in such a manner that conveys the impression
that the film, videotape, photograph, or other similar
visual medium or reproduction or depiction by computer is
of a person under the age of 18.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680,
effective January 1, 1995, contained provisions
amending the child pornography statute, Section
11-20.1 of the Criminal Code of 1961. Section 50-5
also contained other provisions.
(ii) In addition, Public Act 88-680 was
entitled "AN ACT to create a Safe Neighborhoods
Law". (A) Article 5 was entitled JUVENILE JUSTICE
and amended the Juvenile Court Act of 1987. (B)
Article 15 was entitled GANGS and amended various
provisions of the Criminal Code of 1961 and the
Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various
provisions of the Illinois Vehicle Code. (D)
Article 25 was entitled DRUG ABUSE and amended the
Cannabis Control Act and the Illinois Controlled
Substances Act. (E) Article 30 was entitled FIREARMS
and amended the Criminal Code of 1961 and the Code
of Criminal Procedure of 1963. (F) Article 35
amended the Criminal Code of 1961, the Rights of
Crime Victims and Witnesses Act, and the Unified
Code of Corrections. (G) Article 40 amended the
Criminal Code of 1961 to increase the penalty for
compelling organization membership of persons. (H)
Article 45 created the Secure Residential Youth Care
Facility Licensing Act and amended the State Finance
Act, the Juvenile Court Act of 1987, the Unified
Code of Corrections, and the Private Correctional
Facility Moratorium Act. (I) Article 50 amended the
WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of
1987, the Criminal Code of 1961, the Wrongs to
Children Act, and the Unified Code of Corrections.
(iii) On September 22, 1998, the Third
District Appellate Court in People v. Dainty, 701
N.E. 2d 118, ruled that Public Act 88-680 violates
the single subject clause of the Illinois
Constitution (Article IV, Section 8 (d)) and was
unconstitutional in its entirety. As of the time
this amendatory Act of 1999 was prepared, People v.
Dainty was still subject to appeal.
(iv) Child pornography is a vital concern to
the people of this State and the validity of future
prosecutions under the child pornography statute of
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of
1999 to prevent or minimize any problems relating to
prosecutions for child pornography that may result from
challenges to the constitutional validity of Public Act
88-680 by re-enacting the Section relating to child
pornography that was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section;
it is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as
existing text (i.e., without underscoring) because, as
of the time this amendatory Act of 1999 was prepared,
People v. Dainty was subject to appeal to the Illinois
Supreme Court.
(4) The re-enactment by this amendatory Act of 1999
of Section 11-20.1 of the Criminal Code of 1961 relating
to child pornography that was amended by Public Act
88-680 is not intended, and shall not be construed, to
imply that Public Act 88-680 is invalid or to limit or
impair any legal argument concerning whether those
provisions were substantially re-enacted by other Public
Acts.
(Source: P.A. 90-68, eff. 7-8-97; 90-678, eff. 7-31-98;
90-786, eff. 1-1-99; 91-54, eff. 6-30-99; 91-229, eff.
1-1-00; 91-357, eff. 7-29-99; revised 8-30-99.)
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
(Text of Section before amendment by P.A. 91-928)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he
intentionally or knowingly without legal justification by any
means:
(1) Causes bodily harm to any family or household
member as defined in subsection (3) of Section 112A-3 of
the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or
provoking nature with any family or household member as
defined in subsection (3) of Section 112A-3 of the Code
of Criminal Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A
Misdemeanor. Domestic battery is a Class 4 felony if the
defendant has any prior conviction under this Code for
domestic battery (Section 12-3.2) or violation of an order of
protection (Section 12-30). Domestic battery is a Class 4
felony if the defendant has any prior conviction under this
Code for aggravated battery (Section 12-4), stalking (Section
12-7.3), aggravated stalking (Section 12-7.4), unlawful
restraint (Section 10-3), or aggravated unlawful restraint
(Section 10-3.1), when any of these offenses have been
committed against a family or household member as defined in
Section 112A-3 of the Code of Criminal Procedure of 1963. In
addition to any other sentencing alternatives, for any second
conviction of violating this Section within 5 years of a
previous conviction for violating this Section, the offender
shall be mandatorily sentenced to a minimum of 48 consecutive
hours of imprisonment. The imprisonment shall not be subject
to suspension, nor shall the person be eligible for probation
in order to reduce the sentence.
(c) For any conviction for domestic battery, if a person
under 18 years of age who is the child of the offender or of
the victim was present and witnessed the domestic battery of
the victim, the defendant is liable for the cost of any
counseling required for the child at the discretion of the
court in accordance with subsection (b) of Section 5-5-6 of
the Unified Code of Corrections.
(Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
91-262, eff. 1-1-00; revised 10-7-99.)
(Text of Section after amendment by P.A. 91-928)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he
intentionally or knowingly without legal justification by any
means:
(1) Causes bodily harm to any family or household
member as defined in subsection (3) of Section 112A-3 of
the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or
provoking nature with any family or household member as
defined in subsection (3) of Section 112A-3 of the Code
of Criminal Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A
Misdemeanor. Domestic battery is a Class 4 felony if the
defendant has any prior conviction under this Code for
domestic battery (Section 12-3.2) or violation of an order of
protection (Section 12-30). Domestic battery is a Class 4
felony if the defendant has any prior conviction under this
Code for aggravated battery (Section 12-4), stalking (Section
12-7.3), aggravated stalking (Section 12-7.4), unlawful
restraint (Section 10-3), or aggravated unlawful restraint
(Section 10-3.1), when any of these offenses have been
committed against a family or household member as defined in
Section 112A-3 of the Code of Criminal Procedure of 1963. In
addition to any other sentencing alternatives, for any second
conviction of violating this Section within 5 years of a
previous conviction for violating this Section, the offender
shall be mandatorily sentenced to a minimum of 48 consecutive
hours of imprisonment. The imprisonment shall not be subject
to suspension, nor shall the person be eligible for probation
in order to reduce the sentence.
(c) Domestic battery committed in the presence of a
child. In addition to any other sentencing alternatives, a
defendant who commits, in the presence of a child, a felony
domestic battery (enhanced under subsection (b)), aggravated
domestic battery (Section 12-3.3), aggravated battery
(Section 12-4), unlawful restraint (Section 10-3), or
aggravated unlawful restraint (Section 10-3.1) against a
family or household member, as defined in Section 112A-3 of
the Code of Criminal Procedure of 1963, shall be required to
serve a mandatory minimum imprisonment of 10 days or perform
300 hours of community service, or both. The defendant shall
further be liable for the cost of any counseling required for
the child at the discretion of the court in accordance with
subsection (b) of Section 5-5-6 of the Unified Code of
Corrections. For purposes of this Section, "child" means a
person under 16 years of age who is the defendant's or
victim's child or step-child or who is a minor child residing
within the household of the defendant or victim. For
purposes of this Section, "in the presence of a child" means
in the physical presence of a child or knowing or having
reason to know that a child is present and may see or hear an
act constituting one of the offenses listed in this
subsection.
(Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
91-262, eff. 1-1-00; 91-928, eff. 6-1-01.)
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally
or knowingly causes great bodily harm, or permanent
disability or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(1) Uses a deadly weapon other than by the
discharge of a firearm;
(2) Is hooded, robed or masked, in such manner as
to conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used
for school purposes;
(4) Knows the individual harmed to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual harmed to be a caseworker,
investigator, or other person employed by the State
Department of Public Aid, a County Department of Public
Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under
the Department of Human Services Act) and such
caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent
thereto, or is in any part of a building used for public
aid purposes, or upon the grounds of a home of a public
aid applicant, recipient, or any other person being
interviewed or investigated in the employee's discharge
of his duties, or on grounds adjacent thereto, or is in
any part of a building in which the applicant, recipient,
or other such person resides or is located;
(6) Knows the individual harmed to be a peace
officer, a community policing volunteer, a correctional
institution employee, or a fireman while such officer,
volunteer, employee or fireman is engaged in the
execution of any official duties including arrest or
attempted arrest, or to prevent the officer, volunteer,
employee or fireman from performing official duties, or
in retaliation for the officer, volunteer, employee or
fireman performing official duties, and the battery is
committed other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, other medical assistance,
first aid personnel, or hospital emergency room personnel
engaged in the performance of any of his or her official
duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, other medical assistance, first aid personnel, or
hospital emergency room personnel from performing
official duties, or in retaliation for performing
official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of
accommodation or amusement;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then
using such public transportation as a passenger or using
any area of any description designated by the
transportation facility or system as a vehicle boarding,
departure, or transfer location;
(10) Knowingly and without legal justification and
by any means causes bodily harm to an individual of 60
years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) Knows the individual harmed to be an employee
of the Illinois Department of Children and Family
Services engaged in the performance of his authorized
duties as such employee;
(14) Knows the individual harmed to be a person who
is physically handicapped; or
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains
the person for an alleged commission of retail theft
under Section 16A-5 of this Code. In this item (15),
"merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
For the purpose of paragraph (14) of subsection (b) of
this Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
(c) A person who administers to an individual or causes
him to take, without his consent or by threat or deception,
and for other than medical purposes, any intoxicating,
poisonous, stupefying, narcotic, anesthetic, or controlled
substance commits aggravated battery.
(d) A person who knowingly gives to another person any
food that contains any substance or object that is intended
to cause physical injury if eaten, commits aggravated
battery.
(d-3) (d-5) A person commits aggravated battery when he
or she knowingly and without lawful justification shines or
flashes a laser gunsight or other laser device that is
attached or affixed to a firearm, or used in concert with a
firearm, so that the laser beam strikes upon or against the
person of another.
(d-5) An inmate of a penal institution who causes or
attempts to cause a correctional employee of the penal
institution to come into contact with blood, seminal fluid,
urine, or feces, by throwing, tossing, or expelling that
fluid or material commits aggravated battery. For purposes
of this subsection (d-5), "correctional employee" means a
person who is employed by a penal institution.
(e) Sentence.
Aggravated battery is a Class 3 felony.
(Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99;
90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff.
1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised
1-7-00.)
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
Sec. 12-9. Threatening public officials.
(a) A person commits the offense of threatening a public
official when:
(1) that person knowingly and willfully delivers or
conveys, directly or indirectly, to a public official by
any means a communication:
(i) containing a threat that would place the
public official or a member of his or her immediate
family in reasonable apprehension of immediate or
future bodily harm, sexual assault, confinement, or
restraint; or
(ii) containing a threat that would place the
public official or a member of his or her immediate
family in reasonable apprehension that damage will
occur to property in the custody, care, or control
of the public official or his or her immediate
family; and
(2) the threat was conveyed because of the
performance or nonperformance of some public duty,
because of hostility of the person making the threat
toward the status or position of the public official, or
because of any other factor related to the official's
public existence.
(b) For purposes of this Section:
(1) "Public official" means a person who is elected
to office in accordance with a statute or who is
appointed to an office which is established, and the
qualifications and duties of which are prescribed, by
statute, to discharge a public duty for the State or any
of its political subdivisions or in the case of an
elective office any person who has filed the required
documents for nomination or election to such office.;
"Public official" includes a duly appointed assistant
State's Attorney.;
(2) "Immediate family" means a public official's
spouse or, child or children.
(c) Threatening a public official is a Class 3 felony
for a first offense and a Class 2 felony for a second or
subsequent offense.
(Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00;
revised 10-20-99.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a
child.
(a) The accused commits predatory criminal sexual
assault of a child if:
(1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed; or
(1.1) the accused was 17 years of age or over and,
while armed with a firearm, commits an act of sexual
penetration with a victim who was under 13 years of age
when the act was committed; or
(1.2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and,
during the commission of the offense, the accused
personally discharged a firearm; or
(2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and
the accused caused great bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and
the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony. A person convicted of a
violation of subsection (a)(1.1) commits a Class X felony
for which 15 years shall be added to the term of
imprisonment imposed by the court. A person convicted of
a violation of subsection (a)(1.2) commits a Class X
felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of
a violation of subsection (a)(2) commits a Class X felony
for which the person shall be sentenced to a term of
imprisonment of not less than 50 years or up to a term of
natural life imprisonment.
(1.1) A person convicted of a violation of
subsection (a)(3) commits a Class X felony for which the
person shall be sentenced to a term of imprisonment of
not less than 50 years and not more than 60 years.
(1.2) A person convicted of predatory criminal
sexual assault of a child committed against 2 or more
persons regardless of whether the offenses occurred as
the result of the same act or of several related or
unrelated acts shall be sentenced to a term of natural
life imprisonment.
(2) A person who is convicted of a second or
subsequent offense of predatory criminal sexual assault
of a child, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted of the offense of criminal
sexual assault or the offense of aggravated criminal
sexual assault, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted under the laws of this State or
any other state of an offense that is substantially
equivalent to the offense of predatory criminal sexual
assault of a child, the offense of aggravated criminal
sexual assault or the offense of criminal sexual assault,
shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent
offense is required to have been after the initial
conviction for this paragraph (2) to apply.
(Source: P.A. 90-396, eff. 1-1-98; 90-735, eff. 8-11-98;
91-238, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-13-99.)
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of
the owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing
the property to have been stolen or under such
circumstances as would reasonably induce him to believe
that the property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which is explicitly
represented to him by any law enforcement officer or any
individual acting in behalf of a law enforcement agency
as being stolen, and
(A) Intends to deprive the owner permanently
of the use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment
probably will deprive the owner permanently of such
use or benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $300 in value is a Class A misdemeanor.
(1.1) Theft of property, other than a firearm, not
from the person and not exceeding $300 in value is a
Class 4 felony if the theft was committed in a school or
place of worship.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $300 in
value who has been previously convicted of any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
or 4-103.3 of the Illinois Vehicle Code relating to the
possession of a stolen or converted motor vehicle, or a
violation of Section 8 of the Illinois Credit Card and
Debit Card Act is guilty of a Class 4 felony. When a
person has any such prior conviction, the information or
indictment charging that person shall state such prior
conviction so as to give notice of the State's intention
to treat the charge as a felony. The fact of such prior
conviction is not an element of the offense and may not
be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(3) (Blank).
(4) Theft of property from the person not exceeding
$300 in value, or theft of property exceeding $300 and
not exceeding $10,000 in value, is a Class 3 felony.
(4.1) Theft of property from the person not
exceeding $300 in value, or theft of property exceeding
$300 and not exceeding $10,000 in value, is a Class 2
felony if the theft was committed in a school or place of
worship.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship.
(6) Theft of property exceeding $100,000 in value
is a Class 1 felony.
(6.1) Theft of property exceeding $100,000 in value
is a Class X felony if the theft was committed in a
school or place of worship.
(7) Theft by deception, as described by paragraph
(2) of subsection (a) of this Section, in which the
offender obtained money or property valued at $5,000 or
more from a victim 60 years of age or older is a Class 2
felony.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property
involved is an element of the offense to be resolved by the
trier of fact as either exceeding or not exceeding the
specified value.
(Source: P.A. 91-118, eff. 1-1-00; 91-360, eff. 7-29-99;
91-544, eff. 1-1-00; revised 10-7-99.)
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
Sec. 17-2. False personation; use of title;
solicitation; certain entities.
(a) A person commits a false personation when he or she
falsely represents himself or herself to be a member or
representative of any veterans' or public safety personnel
organization or a representative of any charitable
organization, or when any person exhibits or uses in any
manner any decal, badge or insignia of any charitable, public
safety personnel, or veterans' organization when not
authorized to do so by the charitable, public safety
personnel, or veterans' organization. "Public safety
personnel organization" has the meaning ascribed to that term
in Section 1 of the Solicitation for Charity Act.
(a-5) A person commits a false personation when he or
she falsely represents himself or herself to be a veteran in
seeking employment or public office. In this subsection,
"veteran" means a person who has served in the Armed Services
or Reserved Forces of the United States.
(b) No person shall use the words "Chicago Police,"
"Chicago Police Department," "Chicago Patrolman," "Chicago
Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
any other words to the same effect in the title of any
organization, magazine, or other publication without the
express approval of the Chicago Police Board.
(b-5) No person shall use the words "Cook County
Sheriff's Police" or "Cook County Sheriff" or any other words
to the same effect in the title of any organization,
magazine, or other publication without the express approval
of the office of the Cook County Sheriff's Merit Board. The
references to names and titles in this Section may not be
construed as authorizing use of the names and titles of other
organizations or public safety personnel organizations
otherwise prohibited by this Section or the Solicitation for
Charity Act.
(c) (Blank).
(c-1) No person may claim or represent that he or she is
acting on behalf of any police department, chief of a police
department, fire department, chief of a fire department,
sheriff's department, or sheriff when soliciting financial
contributions or selling or delivering or offering to sell or
deliver any merchandise, goods, services, memberships, or
advertisements unless the chief of the police department,
fire department, and the corporate or municipal authority
thereof, or the sheriff has first entered into a written
agreement with the person or with an organization with which
the person is affiliated and the agreement permits the
activity.
(c-2) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or advertisements
may claim or represent that he or she is representing or
acting on behalf of any nongovernmental organization by any
name which includes "officer", "peace officer", "police",
"law enforcement", "trooper", "sheriff", "deputy", "deputy
sheriff", "State police", or any other word or words which
would reasonably be understood to imply that the organization
is composed of law enforcement personnel unless the person is
actually representing or acting on behalf of the
nongovernmental organization, and the nongovernmental
organization is controlled by and governed by a membership of
and represents a group or association of active duty peace
officers, retired peace officers, or injured peace officers
and before commencing the solicitation or the sale or the
offers to sell any merchandise, goods, services, memberships,
or advertisements, a written contract between the soliciting
or selling person and the nongovernmental organization has
been entered into.
(c-3) No person may solicit financial contributions or
sell or deliver or offer to sell or deliver any merchandise,
goods, services, memberships, or advertisements on behalf of
a police, sheriff, or other law enforcement department unless
that person is actually representing or acting on behalf of
the department or governmental organization and has entered
into a written contract with the police chief, or head of the
law enforcement department, and the corporate or municipal
authority thereof, or the sheriff, which specifies and states
clearly and fully the purposes for which the proceeds of the
solicitation, contribution, or sale will be used.
(c-4) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or advertisements,
may claim or represent that he or she is representing or
acting on behalf of any nongovernmental organization by any
name which includes the term "fireman", "fire fighter",
"paramedic", or any other word or words which would
reasonably be understood to imply that the organization is
composed of fire fighter or paramedic personnel unless the
person is actually representing or acting on behalf of the
nongovernmental organization, and the nongovernmental
organization is controlled by and governed by a membership of
and represents a group or association of active duty,
retired, or injured fire fighters (for the purposes of this
Section, "fire fighter" has the meaning ascribed to that term
in Section 2 of the Illinois Fire Protection Training Act) or
active duty, retired, or injured emergency medical
technicians - ambulance, emergency medical technicians -
intermediate, emergency medical technicians - paramedic,
ambulance drivers, or other medical assistance or first aid
personnel, and before commencing the solicitation or the sale
or delivery or the offers to sell or deliver any merchandise,
goods, services, memberships, or advertisements, a written
contract between the soliciting or selling person and the
nongovernmental organization has been entered into.
(c-5) No person may solicit financial contributions or
sell or deliver or offer to sell or deliver any merchandise,
goods, services, memberships, or advertisements on behalf of
a department or departments of fire fighters unless that
person is actually representing or acting on behalf of the
department or departments and has entered into a written
contract with the department chief and corporate or municipal
authority thereof which specifies and states clearly and
fully the purposes for which the proceeds of the
solicitation, contribution, or sale will be used.
(d) Sentence. False personation, unapproved use of a
name or title, or solicitation in violation of subsection
(a), (b), or (b-5) and (b-1) of this Section is a Class C
misdemeanor. False personation in violation of subsection
(a-5) is a Class A misdemeanor. Engaging in any activity in
violation of subsection (c-1), (c-2), (c-3), (c-4), or (c-5)
of this Section is a Class 4 felony.
(Source: P.A. 91-301, eff. 7-29-99; 91-302, eff. 7-29-99;
revised 10-15-99.)
(720 ILCS 5/17-23)
Sec. 17-23. Counterfeit Universal Price Code Label.
(a) A person who, with intent to defraud a merchant,
possesses, uses, transfers, makes, sells, reproduces,
tenders, or delivers a false, counterfeit, altered, or
simulated Universal Price Code Label is guilty of a Class 4
felony.
(b) A person who possesses more than one false,
counterfeit, altered, or simulated Universal Price Code Label
or who possesses a device the purpose of which is to
manufacture false, counterfeit, altered, or simulated
Universal Price Code Labels is guilty of a Class 3 felony.
(c) (Blank).
(d) Definitions. In this Section:
"Universal Price Code Label" means a unique symbol that
consists of a machine readable code and human readable
numbers.
"Merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
"Intent to defraud" has the meaning ascribed to it in
paragraph (iii) of subsection (A) of Section 17-1 of this
Code.
(Source: P.A. 91-136, eff. 1-1-00; revised 11-8-99.)
(720 ILCS 5/17-24)
Sec. 17-24. 17-23. Fraudulent schemes and artifices.
(a) Fraud by wire, radio, or television.
(1) A person commits wire fraud when he or she:
(A) devises or intends to devise a scheme or
artifice to defraud or to obtain money or property
by means of false pretenses, representations, or
promises; and
(B) (i) transmits or causes to be transmitted
from within this State; or
(ii) transmits or causes to be
transmitted so that it is received by a person
within this State; or
(iii) transmits or causes to be
transmitted so that it is reasonably
foreseeable that it will be accessed by a
person within this State:
any writings, signals, pictures, sounds, or electronic or
electric impulses by means of wire, radio, or television
communications for the purpose of executing the scheme or
artifice.
(2) A scheme or artifice to defraud using
electronic transmissions is deemed to occur in the county
from which a transmission is sent, if the transmission is
sent from within this State, the county in which a person
within this State receives the transmission, and the
county in which a person who is within this State is
located when the person accesses a transmission.
(3) Wire fraud is a Class 3 felony.
(b) Mail fraud.
(1) A person commits mail fraud when he or she:
(A) devises or intends to devise any scheme or
artifice to defraud or to obtain money or property
by means of false or fraudulent pretenses,
representations or promises, or to sell, dispose of,
loan, exchange, alter, give away, distribute,
supply, or furnish or procure for unlawful use any
counterfeit obligation, security, or other article,
or anything represented to be or intimidated or held
out to be such counterfeit or spurious article; and
(B) for the purpose of executing such scheme
or artifice or attempting so to do, places in any
post office or authorized depository for mail matter
within this State, any matter or thing whatever to
be delivered by the Postal Service, or deposits or
causes to be deposited in this State by mail or by
private or commercial carrier according to the
direction on the matter or thing, or at the place at
which it is directed to be delivered by the person
to whom it is addressed, any such matter or thing.
(2) A scheme or artifice to defraud using a
government or private carrier is deemed to occur in the
county in which mail or other matter is deposited with
the Postal Service or a private commercial carrier for
delivery, if deposited with the Postal Service or a
private or commercial carrier within this State and the
county in which a person within this State receives the
mail or other matter from the Postal Service or a private
or commercial carrier.
(3) Mail fraud is a Class 3 felony.
(c) Financial institution fraud.
(1) A person is guilty of financial institution
fraud who knowingly executes or attempts to execute a
scheme or artifice:
(i) to defraud a financial institution; or
(ii) to obtain any of the moneys, funds,
credits, assets, securities, or other property owned
by, or under the custody or control of a financial
institution, by means of pretenses, representations,
or promises he or she knows to be false.
(2) Financial institution fraud is a Class 3
felony.
(d) The period of limitations for prosecution of any
offense defined in this Section begins at the time when the
last act in furtherance of the scheme or artifice is
committed.
(e) In this Section:
(1) "Scheme or artifice to defraud" includes a
scheme or artifice to deprive another of the intangible
right to honest services.
(2) "Financial institution" has the meaning
ascribed to it in paragraph (i) of subsection (A) of
Section 17-1 of this Code.
(Source: P.A. 91-228, eff. 1-1-00; revised 11-8-99.)
(720 ILCS 5/Art. 20.5 heading)
ARTICLE 20.5. CAUSING A CATASTROPHE; DEADLY SUBSTANCES
(720 ILCS 5/21-1.5)
Sec. 21-1.5. Anhydrous ammonia equipment, containers,
and facilities.
(a) It is unlawful for any person to tamper with
anhydrous ammonia equipment, containers, or storage
facilities.
(b) Tampering with anhydrous ammonia equipment,
containers, or storage facilities occurs when any person who
is not authorized by the owner of the anhydrous ammonia,
anhydrous ammonia equipment, storage containers, or storage
facilities transfers or attempts to transfer anhydrous
ammonia to another container, causes damage to the anhydrous
ammonia equipment, storage container, or storage facility, or
vents anhydrous ammonia into the environment.
(b-5) It is unlawful for any person to transport
anhydrous ammonia in a portable container if the container is
not a package authorized for anhydrous ammonia transportation
as defined in rules adopted under the Illinois Hazardous
Materials Transportation Act. For purposes of this
subsection (b-5), an authorized package includes a package
previously authorized under the Illinois Hazardous Materials
Transportation Act.
(b-10) For purposes of this Section:
"Anhydrous ammonia" means the compound defined in
paragraph (d) of Section 3 of the Illinois Fertilizer Act of
1961.
"Anhydrous ammonia equipment", "anhydrous ammonia storage
containers", and "anhydrous ammonia storage facilities" are
defined in rules adopted under the Illinois Fertilizer Act of
1961.
(c) Sentence. A violation of subsection (a) or (b) of
this Section is a Class A misdemeanor. A violation of
subsection (b-5) of this Section is a Class 4 felony.
(Source: P.A. 91-402, eff. 1-1-00; 91-889, eff. 1-1-01;
revised 9-22-00.)
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Elements of the Offense.
(a) A person commits disorderly conduct when he
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace; or
(2) Transmits or causes to be transmitted in any
manner to the fire department of any city, town, village
or fire protection district a false alarm of fire,
knowing at the time of such transmission that there is no
reasonable ground for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any
manner to another a false alarm to the effect that a bomb
or other explosive of any nature or a container holding
poison gas, a deadly biological or chemical contaminant,
or radioactive substance is concealed in such place that
its explosion or release would endanger human life,
knowing at the time of such transmission that there is no
reasonable ground for believing that such bomb, explosive
or a container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in such place; or
(4) Transmits or causes to be transmitted in any
manner to any peace officer, public officer or public
employee a report to the effect that an offense will be
committed, is being committed, or has been committed,
knowing at the time of such transmission that there is no
reasonable ground for believing that such an offense will
be committed, is being committed, or has been committed;
or
(5) Enters upon the property of another and for a
lewd or unlawful purpose deliberately looks into a
dwelling on the property through any window or other
opening in it; or
(6) While acting as a collection agency as defined
in the "Collection Agency Act" or as an employee of such
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged
debtor which is designed to harass, annoy or intimidate
the alleged debtor; or
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the
Nursing Home Care Act; or
(9) Transmits or causes to be transmitted in any
manner to the police department or fire department of any
municipality or fire protection district, or any
privately owned and operated ambulance service, a false
request for an ambulance, emergency medical
technician-ambulance or emergency medical
technician-paramedic knowing at the time there is no
reasonable ground for believing that such assistance is
required; or
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims
of violence and abuse", approved September 16, 1984, as
amended; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting such a
report is necessary for the safety and welfare of the
public; or
(12) Calls the number "911" for the purpose of
making or transmitting a false alarm or complaint and
reporting information when, at the time the call or
transmission is made, the person knows there is no
reasonable ground for making the call or transmission and
further knows that the call or transmission could result
in the emergency response of any public safety agency.
(b) Sentence. (1) A violation of subsection (a)(1) of
this Section is a Class C misdemeanor. A violation of
subsection (a)(5), (a)(7), (a)(11), or (a)(12) of this
Section is a Class A misdemeanor. A violation of subsection
(a)(8) or (a)(10) of this Section is a Class B misdemeanor.
A violation of subsection (a)(2), (a)(4), or (a)(9) of this
Section is a Class 4 felony. A violation of subsection
(a)(3) of this Section is a Class 3 felony, for which a fine
of not less than $3,000 and no more than $10,000 shall be
assessed in addition to any other penalty imposed.
A violation of subsection (a)(6) of this Section is a
Business Offense and shall be punished by a fine not to
exceed $3,000. A second or subsequent violation of
subsection (a)(7), (a)(11), or (a)(12) of this Section is a
Class 4 felony. A third or subsequent violation of
subsection (a)(5) of this Section is a Class 4 felony.
(c) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
disorderly conduct to perform community service for not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by
the county board of the county where the offense was
committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the
community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00;
91-121, eff. 7-15-99; revised 10-7-99.)
(720 ILCS 5/33C-5) (from Ch. 38, par. 33C-5)
Sec. 33C-5. Definitions. As used in this Article,
"minority owned business", "female owned business", "State
agency" and "certification" shall have the meanings ascribed
to them in Section 2 of the Minority and Female Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act, approved September 6, 1984, as amended.
(Source: P.A. 84-192; revised 8-23-99.)
(720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
Sec. 33E-2. Definitions. In this Act:
(a) "Public contract" means any contract for goods,
services or construction let to any person with or without
bid by any unit of State or local government.
(b) "Unit of State or local government" means the State,
any unit of state government or agency thereof, any county or
municipal government or committee or agency thereof, or any
other entity which is funded by or expends tax dollars or the
proceeds of publicly guaranteed bonds.
(c) "Change order" means a change in a contract term
other than as specifically provided for in the contract which
authorizes or necessitates any increase or decrease in the
cost of the contract or the time to completion.
(d) "Person" means any individual, firm, partnership,
corporation, joint venture or other entity, but does not
include a unit of State or local government.
(e) "Person employed by any unit of State or local
government" means any employee of a unit of State or local
government and any person defined in subsection (d) who is
authorized by such unit of State or local government to act
on its behalf in relation to any public contract.
(f) "Sheltered market" has the meaning ascribed to it in
Section 8b of 2 of the Minority and Female Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act, as now or hereafter amended.
(g) "Kickback" means any money, fee, commission, credit,
gift, gratuity, thing of value, or compensation of any kind
which is provided, directly or indirectly, to any prime
contractor, prime contractor employee, subcontractor, or
subcontractor employee for the purpose of improperly
obtaining or rewarding favorable treatment in connection with
a prime contract or in connection with a subcontract relating
to a prime contract.
(h) "Prime contractor" means any person who has entered
into a public contract.
(i) "Prime contractor employee" means any officer,
partner, employee, or agent of a prime contractor.
(i-5) "Stringing" means knowingly structuring a contract
or job order to avoid the contract or job order being subject
to competitive bidding requirements.
(j) "Subcontract" means a contract or contractual action
entered into by a prime contractor or subcontractor for the
purpose of obtaining goods or services of any kind under a
prime contract.
(k) "Subcontractor" (1) means any person, other than the
prime contractor, who offers to furnish or furnishes any
goods or services of any kind under a prime contract or a
subcontract entered into in connection with such prime
contract; and (2) includes any person who offers to furnish
or furnishes goods or services to the prime contractor or a
higher tier subcontractor.
(l) "Subcontractor employee" means any officer, partner,
employee, or agent of a subcontractor.
(Source: P.A. 90-800, eff. 1-1-99; revised 8-23-99.)
Section 89. The Illinois Controlled Substances Act is
amended by changing Sections 401 and 407 as follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is
unlawful for any person knowingly to: (i) manufacture or
deliver, or possess with intent to manufacture or deliver, a
controlled or counterfeit substance or controlled substance
analog or (ii) possess any methamphetamine manufacturing
chemical listed in paragraph (z-1) of Section 102 with the
intent to manufacture methamphetamine or the salt of an
optical isomer of methamphetamine or an analog thereof. A
violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate
violation of this Act. For purposes of this Section,
"controlled substance analog" or "analog" means a substance
which is intended for human consumption, other than a
controlled substance, that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to
produce an effect substantially similar to that of a
controlled substance in Schedule I or II. Examples of
chemical classes in which controlled substance analogs are
found include, but are not limited to, the following:
phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (c-5), (d), (d-5), (e), (f),
(g) or (h) to the contrary, is guilty of a Class X felony and
shall be sentenced to a term of imprisonment as provided in
this subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing heroin, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing cocaine, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing cocaine, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing morphine,
or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (A) not less than 6 years and not more than
30 years with respect to 15 grams or more but less
than 100 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine, or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine, or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing
methamphetamine or any salt of an optical isomer of
methamphetamine, or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing methamphetamine or any salt of
an optical isomer of methamphetamine, or an analog
thereof.
(6.6) (A) not less than 6 years and not more than
30 years for the possession of any methamphetamine
manufacturing chemical set forth in paragraph (z-1)
of Section 102 with intent to manufacture 30 grams
or more but less than 150 grams of any substance
containing methamphetamine, or salt of any optical
isomer of methamphetamine, or an analog thereof;
(B) not less than 6 years and not more than 40
years for the possession of any methamphetamine
manufacturing chemical set forth in paragraph (z-1)
of Section 102 with intent to manufacture 150 grams
or more but less than 500 grams of any substance
containing methamphetamine, or salt of an optical
isomer of methamphetamine, or an analog thereof;
(C) not less than 6 years and not more than 50
years for the possession of any methamphetamine
manufacturing chemical set forth in paragraph (z-1)
of Section 102 with intent to manufacture 500 grams
or more but less than 1200 grams of any substance
containing methamphetamine, or salt of an optical
isomer of methamphetamine, or an analog thereof;
(D) not less than 6 years and not more than 60
years for the possession of any methamphetamine
manufacturing chemical set forth in paragraph (z-1)
of Section 102 with intent to manufacture 1200 grams
or more of any substance containing methamphetamine,
or salt of an optical isomer of methamphetamine, or
an analog thereof;
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but
less than 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but
less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance
containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing
any other controlled substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection
(a) involving 100 grams or more of the controlled substance
named therein, may in addition to the penalties provided
therein, be fined an amount not more than $500,000 or the
full street value of the controlled or counterfeit substance
or controlled substance analog, whichever is greater. The
term "street value" shall have the meaning ascribed in
Section 110-5 of the Code of Criminal Procedure of 1963. Any
person sentenced with respect to any other provision of
subsection (a), may in addition to the penalties provided
therein, be fined an amount not to exceed $500,000.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or any salt of an
optical isomer of amphetamine, or an analog thereof;
(6.5) 5 grams or more but less than 15 grams of any
substance containing methamphetamine or any salt or
optical isomer of methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 10 objects
or more than 10 segregated parts of an object or objects
but less than 15 objects or less than 15 segregated parts
of an object containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or
an analog thereof;
(10.5) 10 grams or more but less than 30 grams of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of
any substance containing a substance classified in
Schedules I or II, or an analog thereof, which is not
otherwise included in this subsection.
(c-5) Any person who violates this Section with regard
to possession of any methamphetamine manufacturing chemical
set forth in paragraph (z-1) of Section 102 with intent to
manufacture 15 grams or more but less than 30 grams of
methamphetamine, or salt of an optical isomer of
methamphetamine or any analog thereof, is guilty of a Class 1
felony. The fine for violation of this subsection (c-5)
shall not be more than $250,000.
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which
is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
or an analog thereof, or (iii) any substance containing
amphetamine or methamphetamine or any salt or optical isomer
of amphetamine or methamphetamine, or an analog thereof, is
guilty of a Class 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
(d-5) Any person who violates this Section with regard
to possession of any methamphetamine manufacturing chemical
set forth in paragraph (z-1) of Section 102 with intent to
manufacture less than 15 grams of methamphetamine, or salt of
an optical isomer of methamphetamine or any analog thereof,
is guilty of a Class 2 felony. The fine for violation of
this subsection (d-5) shall not be more than $200,000.
(e) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule I or II, or an analog thereof, which
substance is not included under subsection (d) of this
Section, is guilty of a Class 3 felony. The fine for
violation of this subsection (e) shall not be more than
$150,000.
(f) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
(Source: P.A. 90-382, eff. 8-15-97; 90-593, eff. 6-19-98;
90-674, eff. 1-1-99; 91-336, eff. 1-1-00; 91-357, eff.
7-29-99; 91-403, eff. 1-1-00; revised 8-30-99.)
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a) (1) Any person 18 years of age or over who
violates any subsection of Section 401 or subsection (b) of
Section 404 by delivering a controlled, counterfeit or
look-alike substance to a person under 18 years of age may be
sentenced to imprisonment for a term up to twice the maximum
term and fined an amount up to twice that amount otherwise
authorized by the pertinent subsection of Section 401 and
Subsection (b) of Section 404.
(2) Except as provided in paragraph (3) of this
subsection, any person who violates:
(A) subsection (c) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 1 felony, the fine for which shall not
exceed $250,000;
(B) subsection (d) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 2 felony, the fine for which shall not
exceed $200,000;
(C) subsection (e) of Section 401 or subsection (b)
of Section 404 by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike
substance in or on, or within 1,000 feet of, a truck stop
or safety rest area, is guilty of a Class 3 felony, the
fine for which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $125,000;
(E) subsection (g) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $100,000;
(F) subsection (h) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is
guilty of a Class 3 felony, the fine for which shall not
exceed $75,000;
(3) Any person who violates paragraph (2) of this
subsection (a) by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 1,000 feet of a truck stop or a safety rest
area, following a prior conviction or convictions of
paragraph (2) of this subsection (a) may be sentenced to a
term of imprisonment up to 2 times the maximum term and fined
an amount up to 2 times the amount otherwise authorized by
Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
removed from the roadway with parking and facilities
designed for motorists' rest, comfort, and information
needs; and
(B) "Truck stop" means any facility (and its
parking areas) used to provide fuel or service, or both,
to any commercial motor vehicle as defined in Section
18b-101 of the Illinois Vehicle Code.
(b) Any person who violates:
(1) subsection (c) of Section 401 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, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class X felony, the
fine for which shall not exceed $500,000;
(2) subsection (d) of Section 401 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, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 1 felony, the
fine for which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b)
of Section 404 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, or
residential property owned, operated or managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $200,000;
(4) subsection (f) of Section 401 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, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $150,000;
(5) subsection (g) of Section 401 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, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $125,000;
(6) subsection (h) of Section 401 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, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, or public park or
within 1,000 feet of the real property comprising any
school or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 1,000 feet of the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the
fine for which shall not exceed $100,000.
(c) Regarding penalties prescribed in subsection (b) for
violations committed in a school or on or within 1,000 feet
of school property, the time of day, time of year and whether
classes were currently in session at the time of the offense
is irrelevant.
(Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98;
91-353, eff. 1-1-00; 91-673, eff. 12-22-99; revised 1-12-00.)
Section 90. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-7 and 114-1 as follows:
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
Sec. 110-7. Deposit of Bail Security.
(a) The person for whom bail has been set shall execute
the bail bond and deposit with the clerk of the court before
which the proceeding is pending a sum of money equal to 10%
of the bail, but in no event shall such deposit be less than
$25. The clerk of the court shall provide a space on each
form for a person other than the accused who has provided the
money for the posting of bail to so indicate and a space
signed by an accused who has executed the bail bond
indicating whether a person other than the accused has
provided the money for the posting of bail. The form shall
also include a written notice to such person who has provided
the defendant with the money for the posting of bail
indicating that the bail may be used to pay costs, attorney's
fees, fines, or other purposes authorized by the court and if
the defendant fails to comply with the conditions of the bail
bond, the court shall enter an order declaring the bail to be
forfeited. The written notice must be: (1) distinguishable
from the surrounding text; (2) in bold type or underscored;
and (3) in a type size at least 2 points larger than the
surrounding type. When a person for whom bail has been set
is charged with an offense under the "Illinois Controlled
Substances Act" which is a Class X felony, the court may
require the defendant to deposit a sum equal to 100% of the
bail. Where any person is charged with a forcible felony
while free on bail and is the subject of proceedings under
Section 109-3 of this Code the judge conducting the
preliminary examination may also conduct a hearing upon the
application of the State pursuant to the provisions of
Section 110-6 of this Code to increase or revoke the bail for
that person's prior alleged offense.
(b) Upon depositing this sum and any bond fee authorized
by law, the person shall be released from custody subject to
the conditions of the bail bond.
(c) Once bail has been given and a charge is pending or
is thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original
bail in that court subject to the provisions of Section 110-6
of this Code.
(d) After conviction the court may order that the
original bail stand as bail pending appeal or deny, increase
or reduce bail subject to the provisions of Section 110-6.2.
(e) After the entry of an order by the trial court
allowing or denying bail pending appeal either party may
apply to the reviewing court having jurisdiction or to a
justice thereof sitting in vacation for an order increasing
or decreasing the amount of bail or allowing or denying bail
pending appeal subject to the provisions of Section 110-6.2.
(f) When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return
to the accused or to the defendant's designee by an
assignment executed at the time the bail amount is deposited,
unless the court orders otherwise, 90% of the sum which had
been deposited and shall retain as bail bond costs 10% of the
amount deposited. However, in no event shall the amount
retained by the clerk as bail bond costs be less than $5.
Bail bond deposited by or on behalf of a defendant in one
case may be used, in the court's discretion, to satisfy
financial obligations of that same defendant incurred in a
different case due to a fine, court costs, restitution or
fees of the defendant's attorney of record. The court shall
not order bail bond deposited by or on behalf of a defendant
in one case to be used to satisfy financial obligations of
that same defendant in a different case until the bail bond
is first used to satisfy court costs in the case in which the
bail bond has been deposited.
At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
(g) If the accused does not comply with the conditions
of the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such
order of forfeiture shall be mailed forthwith to the accused
at his last known address. If the accused does not appear
and surrender to the court having jurisdiction within 30 days
from the date of the forfeiture or within such period satisfy
the court that appearance and surrender by the accused is
impossible and without his fault the court shall enter
judgment for the State if the charge for which the bond was
given was a felony or misdemeanor, or if the charge was
quasi-criminal or traffic, judgment for the political
subdivision of the State which prosecuted the case, against
the accused for the amount of the bail and costs of the court
proceedings; however, in counties with a population of less
than 3,000,000, instead of the court entering a judgment for
the full amount of the bond the court may, in its discretion,
enter judgment for the cash deposit on the bond, less costs,
retain the deposit for further disposition or, if a cash bond
was posted for failure to appear in a matter involving
enforcement of child support or maintenance, the amount of
the cash deposit on the bond, less outstanding costs, may be
awarded to the person or entity to whom the child support or
maintenance is due. The deposit made in accordance with
paragraph (a) shall be applied to the payment of costs. If
judgment is entered and any amount of such deposit remains
after the payment of costs it shall be applied to payment of
the judgment and transferred to the treasury of the municipal
corporation wherein the bond was taken if the offense was a
violation of any penal ordinance of a political subdivision
of this State, or to the treasury of the county wherein the
bond was taken if the offense was a violation of any penal
statute of this State. The balance of the judgment may be
enforced and collected in the same manner as a judgment
entered in a civil action.
(h) After a judgment for a fine and court costs or
either is entered in the prosecution of a cause in which a
deposit had been made in accordance with paragraph (a) the
balance of such deposit, after deduction of bail bond costs,
shall be applied to the payment of the judgment.
(Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00;
revised 10-7-99.)
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 114-1. Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior
to trial before or after a plea has been entered the court
may dismiss the indictment, information or complaint upon any
of the following grounds:
(1) The defendant has not been placed on trial in
compliance with Section 103-5 of this Code.;
(2) The prosecution of the offense is barred by
Sections 3-3 through 3-8 of the "Criminal Code of 1961",
approved July 28, 1961, as heretofore and hereafter
amended.;
(3) The defendant has received immunity from
prosecution for the offense charged.;
(4) The indictment was returned by a Grand Jury
which was improperly selected and which results in
substantial injustice to the defendant.;
(5) The indictment was returned by a Grand Jury
which acted contrary to Article 112 of this Code and
which results in substantial injustice to the defendant.;
(6) The court in which the charge has been filed
does not have jurisdiction.;
(7) The county is an improper place of trial.;
(8) The charge does not state an offense.;
(9) The indictment is based solely upon the
testimony of an incompetent witness.;
(10) The defendant is misnamed in the charge and
the misnomer results in substantial injustice to the
defendant.
(11) The requirements of Section 109-3.1 have not
been complied with.
(b) The court shall require any motion to dismiss to be
filed within a reasonable time after the defendant has been
arraigned. Any motion not filed within such time or an
extension thereof shall not be considered by the court and
the grounds therefor, except as to subsections (a)(6) and
(a)(8) of this Section, are waived.
(c) If the motion presents only an issue of law the
court shall determine it without the necessity of further
pleadings. If the motion alleges facts not of record in the
case the State shall file an answer admitting or denying each
of the factual allegations of the motion.
(d) When an issue of fact is presented by a motion to
dismiss and the answer of the State the court shall conduct a
hearing and determine the issues.
(d-5) When a defendant seeks dismissal of the charge
upon the ground set forth in subsection (a)(7) of this
Section, the defendant shall make a prima facie showing that
the county is an improper place of trial. Upon such showing,
the State shall have the burden of proving, by a
preponderance of the evidence, that the county is the proper
place of trial.
(e) Dismissal of the charge upon the grounds set forth
in subsections (a)(4) through (a)(11) of this Section shall
not prevent the return of a new indictment or the filing of a
new charge, and upon such dismissal the court may order that
the defendant be held in custody or, if the defendant he had
been previously released on bail, that the his bail be
continued for a specified time pending the return of a new
indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss
based upon the grounds set forth in subsections (a)(6) and
(a)(7) is well founded it may, instead of dismissal, order
the cause transferred to a court of competent jurisdiction or
to a proper place of trial.
(Source: P.A. 89-288, eff. 8-11-95; revised 2-23-00.)
Section 90.5. The Sexually Violent Persons Commitment
Act is amended by changing Section 15 as follows:
(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents;
filing.
(a) A petition alleging that a person is a sexually
violent person may be filed by:
(1) The Attorney General, at the request of the
agency with jurisdiction over the person, as defined in
subsection (a) of Section 10 of this Act, or on his or
her own motion. If the Attorney General, after
consulting with and advising the State's Attorney of the
county referenced in paragraph (a)(2) of this Section,
decides to file a petition under this Section, he or she
shall file the petition before the date of the release or
discharge of the person or within 30 days of placement
onto parole or mandatory supervised release for an
offense enumerated in paragraph (e) of Section 5 of this
Act.
(2) If the Attorney General does not file a
petition under this Section, the State's Attorney of the
county in which the person was convicted of a sexually
violent offense, adjudicated delinquent for a sexually
violent offense or found not guilty of or not responsible
for a sexually violent offense by reason of insanity,
mental disease, or mental defect may file a petition.
(3) The Attorney General and the State's Attorney
referenced in paragraph (a)(2) of this Section jointly.
(b) A petition filed under this Section shall allege
that all of the following apply to the person alleged to be a
sexually violent person:
(1) The person satisfies any of the following
criteria:
(A) The person has been convicted of a
sexually violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a
sexually violent offense by reason of insanity,
mental disease, or mental defect.
(2) (Blank;).
(3) (Blank;).
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
person's mental disorder creates a substantial
probability that he or she will engage in acts of sexual
violence.
(b-5) The petition must be filed:
(1) No more than 90 days before discharge or entry
into mandatory supervised release from a Department of
Corrections correctional facility for a sentence that was
imposed upon a conviction for a sexually violent offense,
or for a sentence that is being served concurrently or
consecutively with a sexually violent offense, and no
more than 30 days after the person's entry into parole or
mandatory supervised release; or
(2) No more than 90 days before discharge or
release:
(A) from a Department of Corrections juvenile
correctional facility if the person was placed in
the facility for being adjudicated delinquent under
Section 5-20 of the Juvenile Court Act of 1987 or
found guilty under Section 5-620 of that Act on the
basis of a sexually violent offense; or
(B) from a commitment order that was entered
as a result of a sexually violent offense.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to
believe the person is a sexually violent person. If the
petition alleges that a sexually violent offense or act that
is a basis for the allegation under paragraph (b)(1) of this
Section was an act that was sexually motivated as provided
under paragraph (e)(2) of Section 5 of this Act, the petition
shall state the grounds on which the offense or act is
alleged to be sexually motivated.
(d) A petition under this Section shall be filed in
either of the following:
(1) The circuit court for the county in which the
person was convicted of a sexually violent offense,
adjudicated delinquent for a sexually violent offense or
found not guilty of a sexually violent offense by reason
of insanity, mental disease or mental defect.
(2) The circuit court for the county in which the
person is in custody under a sentence, a placement to a
Department of Corrections correctional facility or
juvenile correctional facility, or a commitment order.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
91-227, eff. 1-1-00; 91-357, eff. 7-29-99; revised 10-20-00.)
Section 91. The Unified Code of Corrections is amended by
changing Sections 5-4-3, 5-5-6, 5-8-1, and 5-8-4 as follows:
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Persons convicted of, or found delinquent
for, qualifying offenses or institutionalized as sexually
dangerous; blood specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of
a qualifying offense, or institutionalized as a sexually
dangerous person under the Sexually Dangerous Persons Act, or
committed as a sexually violent person under the Sexually
Violent Persons Commitment Act shall, regardless of the
sentence or disposition imposed, be required to submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section, provided
such person is:
(1) convicted of a qualifying offense or attempt of
a qualifying offense on or after the effective date of
this amendatory Act of 1989, and sentenced to a term of
imprisonment, periodic imprisonment, fine, probation,
conditional discharge or any other form of sentence, or
given a disposition of court supervision for the offense,
or
(1.5) found guilty or given supervision under the
Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after the effective
date of this amendatory Act of 1996, or
(2) ordered institutionalized as a sexually
dangerous person on or after the effective date of this
amendatory Act of 1989, or
(3) convicted of a qualifying offense or attempt of
a qualifying offense before the effective date of this
amendatory Act of 1989 and is presently confined as a
result of such conviction in any State correctional
facility or county jail or is presently serving a
sentence of probation, conditional discharge or periodic
imprisonment as a result of such conviction, or
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense
or attempt to commit a sexual offense; or
(4.5) ordered committed as a sexually violent
person on or after the effective date of the Sexually
Violent Persons Commitment Act; or
(5) seeking transfer to or residency in Illinois
under Sections 3-3-11 through 3-3-11.5 of the Unified
Code of Corrections (Interstate Compact for the
Supervision of Parolees and Probationers) or the
Interstate Agreements on Sexually Dangerous Persons Act.
(a-5) Any person who was otherwise convicted of or
received a disposition of court supervision for any other
offense under the Criminal Code of 1961 or any offense
classified as a felony under Illinois law or who was found
guilty or given supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of the sentence
imposed, be required by an order of the court to submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), and (a-5) to provide specimens of blood shall provide
specimens of blood within 45 days after sentencing or
disposition at a collection site designated by the Illinois
Department of State Police.
(c) Any person required by paragraphs (a)(3), (a)(4),
and (a)(4.5) to provide specimens of blood shall be required
to provide such samples prior to final discharge, parole, or
release at a collection site designated by the Illinois
Department of State Police.
(c-5) Any person required by paragraph (a)(5) to provide
specimens of blood shall, where feasible, be required to
provide the specimens before being accepted for conditioned
residency in Illinois under the interstate compact or
agreement, but no later than 45 days after arrival in this
State.
(d) The Illinois Department of State Police shall
provide all equipment and instructions necessary for the
collection of blood samples. The collection of samples shall
be performed in a medically approved manner. Only a
physician authorized to practice medicine, a registered nurse
or other qualified person trained in venipuncture may
withdraw blood for the purposes of this Act. The samples
shall thereafter be forwarded to the Illinois Department of
State Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
(e) The genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of
the United States, of foreign countries duly authorized to
receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies. Notwithstanding
any other statutory provision to the contrary, all
information obtained under this Section shall be maintained
in a single State data base, which may be uploaded into a
national database, and may not be subject to expungement.
(g) For the purposes of this Section, "qualifying
offense" means any of the following:
(1) Any violation or inchoate violation of Section
11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
12-33 of the Criminal Code of 1961, or
(1.1) Any violation or inchoate violation of
Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
committed on or after July 1, 2001, or
(2) Any former statute of this State which defined
a felony sexual offense, or
(3) Any violation of paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 when the
sentencing court, upon a motion by the State's Attorney
or Attorney General, makes a finding that the child
luring involved an intent to commit sexual penetration or
sexual conduct as defined in Section 12-12 of the
Criminal Code of 1961.
(g-5) The Department of State Police is not required to
accept or process blood specimens from individuals convicted
of any offense listed in paragraph (1.1) of subsection (g),
until acquisition of the resources necessary to process such
blood specimens, or until July 1, 2003, whichever is earlier.
Upon acquisition of necessary resources, including an
appropriation for the purpose of implementing this amendatory
Act of the 91st General Assembly, but no later than July 1,
2003, the Department of State Police shall notify the
Department of Corrections, the Administrative Office of the
Illinois Courts, and any other entity deemed appropriate by
the Department of State Police, that the Department is
prepared to receive and process blood specimens from
individuals convicted of offenses enumerated in paragraph
(1.1) of subsection (g).
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood samples and
other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to
all actions taken under the rules so promulgated.
(i) A person required to provide a blood specimen shall
cooperate with the collection of the specimen and any
deliberate act by that person intended to impede, delay or
stop the collection of the blood specimen is a Class A
misdemeanor.
(j) Any person required by subsection (a) to submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in addition to any other disposition, penalty, or fine
imposed, shall pay an analysis fee of $500. Upon verified
petition of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not have
the ability to pay the fee.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System
Fund is hereby created as a special fund in the State
Treasury.
(2) All fees shall be collected by the clerk of the
court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois
State Police crime laboratories as designated by the
Director of State Police. These funds shall be in
addition to any allocations made pursuant to existing
laws and shall be designated for the exclusive use of
State crime laboratories. These uses may include, but
are not limited to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic
marker groupings as required by subsection (e).
(C) Costs incurred in the purchase and
maintenance of equipment for use in performing
analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and
genetic marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(l) (1) The failure of a person to provide a specimen,
or of any person or agency to collect a specimen, within the
45 day period shall in no way alter the obligation of the
person to submit such specimen, or the authority of the
Illinois Department of State Police or persons designated by
the Department to collect the specimen, or the authority of
the Illinois Department of State Police to accept, analyze
and maintain the specimen or to maintain or upload results of
genetic marker grouping analysis information into a State or
national database.
(Source: P.A. 90-124, eff. 1-1-98; 90-130, eff. 1-1-98;
90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-528, eff.
1-1-00; revised 6-13-00.)
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. In all convictions for offenses in violation
of the Criminal Code of 1961 in which the person received any
injury to their person or damage to their real or personal
property as a result of the criminal act of the defendant,
the court shall order restitution as provided in this
Section. In all other cases, except cases in which
restitution is required under this Section, the court must at
the sentence hearing determine whether restitution is an
appropriate sentence to be imposed on each defendant
convicted of an offense. If the court determines that an
order directing the offender to make restitution is
appropriate, the offender may be sentenced to make
restitution. If the offender is sentenced to make
restitution the Court shall determine the restitution as
hereinafter set forth:
(a) At the sentence hearing, the court shall
determine whether the property may be restored in kind to
the possession of the owner or the person entitled to
possession thereof; or whether the defendant is possessed
of sufficient skill to repair and restore property
damaged; or whether the defendant should be required to
make restitution in cash, for out-of-pocket expenses,
damages, losses, or injuries found to have been
proximately caused by the conduct of the defendant or
another for whom the defendant is legally accountable
under the provisions of Article V of the Criminal Code of
1961.
(b) In fixing the amount of restitution to be paid
in cash, the court shall allow credit for property
returned in kind, for property damages ordered to be
repaired by the defendant, and for property ordered to be
restored by the defendant; and after granting the credit,
the court shall assess the actual out-of-pocket expenses,
losses, damages, and injuries suffered by the victim
named in the charge and any other victims who may also
have suffered out-of-pocket expenses, losses, damages,
and injuries proximately caused by the same criminal
conduct of the defendant, and insurance carriers who have
indemnified the named victim or other victims for the
out-of-pocket expenses, losses, damages, or injuries,
provided that in no event shall restitution be ordered to
be paid on account of pain and suffering. If a defendant
is placed on supervision for, or convicted of, domestic
battery, the defendant shall be required to pay
restitution to any domestic violence shelter in which the
victim and any other family or household members lived
because of the domestic battery. The amount of the
restitution shall equal the actual expenses of the
domestic violence shelter in providing housing and any
other services for the victim and any other family or
household members living at the shelter. If a defendant
fails to pay restitution in the manner or within the time
period specified by the court, the court may enter an
order directing the sheriff to seize any real or personal
property of a defendant to the extent necessary to
satisfy the order of restitution and dispose of the
property by public sale. All proceeds from such sale in
excess of the amount of restitution plus court costs and
the costs of the sheriff in conducting the sale shall be
paid to the defendant. The defendant convicted of
domestic battery, if a person under 18 years of age who
is the child of the offender or of the victim was present
and witnessed the domestic battery of the victim, is
liable to pay restitution for the cost of any counseling
required for the child at the discretion of the court.
(c) In cases where more than one defendant is
accountable for the same criminal conduct that results in
out-of-pocket expenses, losses, damages, or injuries,
each defendant shall be ordered to pay restitution in the
amount of the total actual out-of-pocket expenses,
losses, damages, or injuries to the victim proximately
caused by the conduct of all of the defendants who are
legally accountable for the offense.
(1) In no event shall the victim be entitled
to recover restitution in excess of the actual
out-of-pocket expenses, losses, damages, or
injuries, proximately caused by the conduct of all
of the defendants.
(2) As between the defendants, the court may
apportion the restitution that is payable in
proportion to each co-defendant's culpability in the
commission of the offense.
(3) In the absence of a specific order
apportioning the restitution, each defendant shall
bear his pro rata share of the restitution.
(4) As between the defendants, each defendant
shall be entitled to a pro rata reduction in the
total restitution required to be paid to the victim
for amounts of restitution actually paid by
co-defendants, and defendants who shall have paid
more than their pro rata share shall be entitled to
refunds to be computed by the court as additional
amounts are paid by co-defendants.
(d) In instances where a defendant has more than
one criminal charge pending against him in a single case,
or more than one case, and the defendant stands convicted
of one or more charges, a plea agreement negotiated by
the State's Attorney and the defendants may require the
defendant to make restitution to victims of charges that
have been dismissed or which it is contemplated will be
dismissed under the terms of the plea agreement, and
under the agreement, the court may impose a sentence of
restitution on the charge or charges of which the
defendant has been convicted that would require the
defendant to make restitution to victims of other
offenses as provided in the plea agreement.
(e) The court may require the defendant to apply
the balance of the cash bond, after payment of court
costs, and any fine that may be imposed to the payment of
restitution.
(f) Taking into consideration the ability of the
defendant to pay, the court shall determine whether
restitution shall be paid in a single payment or in
installments, and shall fix a period of time not in
excess of 5 years, not including periods of
incarceration, within which payment of restitution is to
be paid in full. Complete restitution shall be paid in as
short a time period as possible. However, if the court
deems it necessary and in the best interest of the
victim, the court may extend beyond 5 years the period of
time within which the payment of restitution is to be
paid. If the defendant is ordered to pay restitution and
the court orders that restitution is to be paid over a
period greater than 6 months, the court shall order that
the defendant make monthly payments; the court may waive
this requirement of monthly payments only if there is a
specific finding of good cause for waiver.
(g) The court shall, after determining that the
defendant has the ability to pay, require the defendant
to pay for the victim's counseling services if:
(1) the defendant was convicted of an offense
under Sections 11-19.2, 11-20.1, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of
1961, or was charged with such an offense and the
charge was reduced to another charge as a result of
a plea agreement under subsection (d) of this
Section, and
(2) the victim was under 18 years of age at
the time the offense was committed and requires
counseling as a result of the offense.
The payments shall be made by the defendant to the
clerk of the circuit court and transmitted by the clerk
to the appropriate person or agency as directed by the
court. The order may require such payments to be made
for a period not to exceed 5 years after sentencing, not
including periods of incarceration.
(h) The judge may enter an order of withholding to
collect the amount of restitution owed in accordance with
Part 8 of Article XII of the Code of Civil Procedure.
(i) A sentence of restitution may be modified or
revoked by the court if the offender commits another
offense, or the offender fails to make restitution as
ordered by the court, but no sentence to make restitution
shall be revoked unless the court shall find that the
offender has had the financial ability to make
restitution, and he has wilfully refused to do so. When
the offender's ability to pay restitution was established
at the time an order of restitution was entered or
modified, or when the offender's ability to pay was based
on the offender's willingness to make restitution as part
of a plea agreement made at the time the order of
restitution was entered or modified, there is a
rebuttable presumption that the facts and circumstances
considered by the court at the hearing at which the order
of restitution was entered or modified regarding the
offender's ability or willingness to pay restitution have
not materially changed. If the court shall find that the
defendant has failed to make restitution and that the
failure is not wilful, the court may impose an additional
period of time within which to make restitution. The
length of the additional period shall not be more than 2
years. The court shall retain all of the incidents of
the original sentence, including the authority to modify
or enlarge the conditions, and to revoke or further
modify the sentence if the conditions of payment are
violated during the additional period.
(j) The procedure upon the filing of a Petition to
Revoke a sentence to make restitution shall be the same
as the procedures set forth in Section 5-6-4 of this Code
governing violation, modification, or revocation of
Probation, of Conditional Discharge, or of Supervision.
(k) Nothing contained in this Section shall
preclude the right of any party to proceed in a civil
action to recover for any damages incurred due to the
criminal misconduct of the defendant.
(l) Restitution ordered under this Section shall
not be subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act.
(m) A restitution order under this Section is a
judgment lien in favor of the victim that:
(1) Attaches to the property of the person
subject to the order;
(2) May be perfected in the same manner as
provided in Part 3 of Article 9 of the Uniform
Commercial Code;
(3) May be enforced to satisfy any payment
that is delinquent under the restitution order by
the person in whose favor the order is issued or the
person's assignee; and
(4) Expires in the same manner as a judgment
lien created in a civil proceeding.
When a restitution order is issued under this
Section, the issuing court shall send a certified copy of
the order to the clerk of the circuit court in the county
where the charge was filed. Upon receiving the order,
the clerk shall enter and index the order in the circuit
court judgment docket.
(n) An order of restitution under this Section does
not bar a civil action for:
(1) Damages that the court did not require the
person to pay to the victim under the restitution
order but arise from an injury or property damages
that is the basis of restitution ordered by the
court; and
(2) Other damages suffered by the victim.
The restitution order is not discharged by the completion
of the sentence imposed for the offense.
A restitution order under this Section is not discharged
by the liquidation of a person's estate by a receiver. A
restitution order under this Section may be enforced in the
same manner as judgment liens are enforced under Article XII
of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil
Procedure, providing for interest on judgments, apply to
judgments for restitution entered under this Section.
(Source: P.A. 90-465, eff. 1-1-98; 91-153, eff. 1-1-00;
91-262, eff. 1-1-00; 91-420, eff. 1-1-00; revised 9-30-99.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining
the offense, a sentence of imprisonment for a felony shall be
a determinate sentence set by the court under this Section,
according to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and
not more than 60 years, or
(b) if the court finds that the murder was
accompanied by exceptionally brutal or heinous
behavior indicative of wanton cruelty or, except as
set forth in subsection (a)(1)(c) of this Section,
that any of the aggravating factors listed in
subsection (b) of Section 9-1 of the Criminal Code
of 1961 are present, the court may sentence the
defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to
a term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of
first degree murder under any state or federal
law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age
of 17 or more and is found guilty of murdering
an individual under 12 years of age; or,
irrespective of the defendant's age at the time
of the commission of the offense, is found
guilty of murdering more than one victim, or
(iii) is found guilty of murdering a
peace officer or fireman when the peace officer
or fireman was killed in the course of
performing his official duties, or to prevent
the peace officer or fireman from performing
his official duties, or in retaliation for the
peace officer or fireman performing his
official duties, and the defendant knew or
should have known that the murdered individual
was a peace officer or fireman, or
(iv) is found guilty of murdering an
employee of an institution or facility of the
Department of Corrections, or any similar local
correctional agency, when the employee was
killed in the course of performing his official
duties, or to prevent the employee from
performing his official duties, or in
retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an
emergency medical technician - ambulance,
emergency medical technician - intermediate,
emergency medical technician - paramedic,
ambulance driver or other medical assistance or
first aid person while employed by a
municipality or other governmental unit when
the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and
the defendant knew or should have known that
the murdered individual was an emergency
medical technician - ambulance, emergency
medical technician - intermediate, emergency
medical technician - paramedic, ambulance
driver, or other medical assistant or first aid
personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the
age of 17, and is found guilty of murdering a
person under 12 years of age and the murder is
committed during the course of aggravated
criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, or
(vii) is found guilty of first degree
murder and the murder was committed by reason
of any person's activity as a community
policing volunteer or to prevent any person
from engaging in activity as a community
policing volunteer. For the purpose of this
Section, "community policing volunteer" has the
meaning ascribed to it in Section 2-3.5 of the
Criminal Code of 1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical
technician - intermediate", "emergency medical
technician - paramedic", have the meanings ascribed
to them in the Emergency Medical Services (EMS)
Systems Act.
(d) (i) if the person committed the offense
while armed with a firearm, 15 years shall be
added to the term of imprisonment imposed by
the court;
(ii) if, during the commission of the
offense, the person personally discharged a
firearm, 20 years shall be added to the term of
imprisonment imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily
harm, permanent disability, permanent
disfigurement, or death to another person, 25
years or up to a term of natural life shall be
added to the term of imprisonment imposed by
the court.
(1.5) for second degree murder, a term shall be not
less than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, as amended, the
sentence shall be a term of natural life imprisonment;
(2.5) for a person convicted under the
circumstances described in paragraph (3) of subsection
(b) of Section 12-13, paragraph (2) of subsection (d) of
Section 12-14, paragraph (1.2) of subsection (b) of
Section 12-14.1, or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961, the
sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute
defining the offense, for a Class X felony, the sentence
shall be not less than 6 years and not more than 30
years;
(4) for a Class 1 felony, other than second degree
murder, the sentence shall be not less than 4 years and
not more than 15 years;
(5) for a Class 2 felony, the sentence shall be not
less than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not
less than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not
less than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall
set forth his reasons for imposing the particular sentence he
enters in the case, as provided in Section 5-4-1 of this
Code. Those reasons may include any mitigating or
aggravating factors specified in this Code, or the lack of
any such circumstances, as well as any other such factors as
the judge shall set forth on the record that are consistent
with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the
court may reduce a sentence without motion, within 30 days
after the sentence is imposed. A defendant's challenge to
the correctness of a sentence or to any aspect of the
sentencing hearing shall be made by a written motion filed
within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is
imposed.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, the
proponent of the motion shall exercise due diligence in
seeking a determination on the motion and the court shall
thereafter decide such motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, then for
purposes of perfecting an appeal, a final judgment shall not
be considered to have been entered until the motion to reduce
a sentence has been decided by order entered by the trial
court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with
the circuit court clerk within 30 days after the sentence is
imposed together with a notice of motion, which notice of
motion shall set the motion on the court's calendar on a date
certain within a reasonable time after the date of filing.
(d) Except where a term of natural life is imposed,
every sentence shall include as though written therein a term
in addition to the term of imprisonment. For those sentenced
under the law in effect prior to February 1, 1978, such term
shall be identified as a parole term. For those sentenced on
or after February 1, 1978, such term shall be identified as a
mandatory supervised release term. Subject to earlier
termination under Section 3-3-8, the parole or mandatory
supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 3
years;
(2) for a Class 1 felony or a Class 2 felony, 2
years;
(3) for a Class 3 felony or a Class 4 felony, 1
year;
(4) if the victim is under 18 years of age, for a
second or subsequent offense of criminal sexual assault
or aggravated criminal sexual assault, 5 years, at least
the first 2 years of which the defendant shall serve in
an electronic home detention program under Article 8A of
Chapter V of this Code;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal
sexual abuse or felony criminal sexual abuse, 4 years, at
least the first 2 years of which the defendant shall
serve in an electronic home detention program under
Article 8A of Chapter V of this Code.
(e) A defendant who has a previous and unexpired
sentence of imprisonment imposed by another state or by any
district court of the United States and who, after sentence
for a crime in Illinois, must return to serve the unexpired
prior sentence may have his sentence by the Illinois court
ordered to be concurrent with the prior sentence in the other
state. The court may order that any time served on the
unexpired portion of the sentence in the other state, prior
to his return to Illinois, shall be credited on his Illinois
sentence. The other state shall be furnished with a copy of
the order imposing sentence which shall provide that, when
the offender is released from confinement of the other state,
whether by parole or by termination of sentence, the offender
shall be transferred by the Sheriff of the committing county
to the Illinois Department of Corrections. The court shall
cause the Department of Corrections to be notified of such
sentence at the time of commitment and to be provided with
copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired
sentence of imprisonment imposed by an Illinois circuit court
for a crime in this State and who is subsequently sentenced
to a term of imprisonment by another state or by any district
court of the United States and who has served a term of
imprisonment imposed by the other state or district court of
the United States, and must return to serve the unexpired
prior sentence imposed by the Illinois Circuit Court may
apply to the court which imposed sentence to have his
sentence reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his Illinois sentence. Such
application for reduction of a sentence under this
subsection (f) shall be made within 30 days after the
defendant has completed the sentence imposed by the other
state or district court of the United States.
(Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and Consecutive Terms of
Imprisonment.
(a) When multiple sentences of imprisonment are imposed
on a defendant at the same time, or when a term of
imprisonment is imposed on a defendant who is already subject
to sentence in this State or in another state, or for a
sentence imposed by any district court of the United States,
the sentences shall run concurrently or consecutively as
determined by the court. When a term of imprisonment is
imposed on a defendant by an Illinois circuit court and the
defendant is subsequently sentenced to a term of imprisonment
by another state or by a district court of the United States,
the Illinois circuit court which imposed the sentence may
order that the Illinois sentence be made concurrent with the
sentence imposed by the other state or district court of the
United States. The defendant must apply to the circuit court
within 30 days after the defendant's sentence imposed by the
other state or district of the United States is finalized.
The court shall not impose consecutive sentences for offenses
which were committed as part of a single course of conduct
during which there was no substantial change in the nature of
the criminal objective, unless:
(i) one of the offenses for which defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury,
or
(ii) the defendant was convicted of a violation of
Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
1961, or
(iii) the defendant was convicted of armed violence
based upon the predicate offense of solicitation of
murder, solicitation of murder for hire, heinous battery,
aggravated battery of a senior citizen, criminal sexual
assault, a violation of subsection (g) of Section 5 of
the Cannabis Control Act, cannabis trafficking, a
violation of subsection (a) of Section 401 of the
Illinois Controlled Substances Act, controlled substance
trafficking involving a Class X felony amount of
controlled substance under Section 401 of the Illinois
Controlled Substances Act, calculated criminal drug
conspiracy, or streetgang criminal drug conspiracy,
in which event the court shall enter sentences to run
consecutively. Sentences shall run concurrently unless
otherwise specified by the court.
(b) The court shall not impose a consecutive sentence
except as provided for in subsection (a) unless, having
regard to the nature and circumstances of the offense and the
history and character of the defendant, it is of the opinion
that such a term is required to protect the public from
further criminal conduct by the defendant, the basis for
which the court shall set forth in the record; except that no
such finding or opinion is required when multiple sentences
of imprisonment are imposed on a defendant for offenses that
were not committed as part of a single course of conduct
during which there was no substantial change in the nature of
the criminal objective, and one of the offenses for which the
defendant was convicted was first degree murder or a Class X
or Class 1 felony and the defendant inflicted severe bodily
injury, or when the defendant was convicted of a violation of
Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
1961, or where the defendant was convicted of armed violence
based upon the predicate offense of solicitation of murder,
solicitation of murder for hire, heinous battery, aggravated
battery of a senior citizen, criminal sexual assault, a
violation of subsection (g) of Section 5 of the Cannabis
Control Act, cannabis trafficking, a violation of subsection
(a) of Section 401 of the Illinois Controlled Substances Act,
controlled substance trafficking involving a Class X felony
amount of controlled substance under Section 401 of the
Illinois Controlled Substances Act, calculated criminal drug
conspiracy, or streetgang criminal drug conspiracy, in which
event the Court shall enter sentences to run consecutively.
(c) (1) For sentences imposed under law in effect prior
to February 1, 1978 the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 for the 2 most serious felonies
involved. The aggregate minimum period of consecutive
sentences shall not exceed the highest minimum term
authorized under Section 5-8-1 for the 2 most serious
felonies involved. When sentenced only for misdemeanors,
a defendant shall not be consecutively sentenced to more
than the maximum for one Class A misdemeanor.
(2) For sentences imposed under the law in effect
on or after February 1, 1978, the aggregate of
consecutive sentences for offenses that were committed as
part of a single course of conduct during which there was
no substantial change in the nature of the criminal
objective shall not exceed the sum of the maximum terms
authorized under Section 5-8-2 for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(d) An offender serving a sentence for a misdemeanor who
is convicted of a felony and sentenced to imprisonment shall
be transferred to the Department of Corrections, and the
misdemeanor sentence shall be merged in and run concurrently
with the felony sentence.
(e) In determining the manner in which consecutive
sentences of imprisonment, one or more of which is for a
felony, will be served, the Department of Corrections shall
treat the offender as though he had been committed for a
single term with the following incidents:
(1) the maximum period of a term of imprisonment
shall consist of the aggregate of the maximums of the
imposed indeterminate terms, if any, plus the aggregate
of the imposed determinate sentences for felonies plus
the aggregate of the imposed determinate sentences for
misdemeanors subject to paragraph (c) of this Section;
(2) the parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-8-1 of
this Code for the most serious of the offenses involved;
(3) the minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to paragraph
(c) of this Section; and
(4) the offender shall be awarded credit against
the aggregate maximum term and the aggregate minimum term
of imprisonment for all time served in an institution
since the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section
3-6-3 of this Code.
(f) A sentence of an offender committed to the
Department of Corrections at the time of the commission of
the offense shall be served consecutive to the sentence under
which he is held by the Department of Corrections. However,
in case such offender shall be sentenced to punishment by
death, the sentence shall be executed at such time as the
court may fix without regard to the sentence under which such
offender may be held by the Department.
(g) A sentence under Section 3-6-4 for escape or
attempted escape shall be served consecutive to the terms
under which the offender is held by the Department of
Corrections.
(h) If a person charged with a felony commits a separate
felony while on pre-trial release or in pretrial detention in
a county jail facility or county detention facility, the
sentences imposed upon conviction of these felonies shall be
served consecutively regardless of the order in which the
judgments of conviction are entered.
(i) If a person admitted to bail following conviction of
a felony commits a separate felony while free on bond or if a
person detained in a county jail facility or county detention
facility following conviction of a felony commits a separate
felony while in detention, any sentence following conviction
of the separate felony shall be consecutive to that of the
original sentence for which the defendant was on bond or
detained.
(Source: P.A. 90-128, eff. 7-22-97; 91-144, eff. 1-1-00;
91-404, eff. 1-1-00; revised 9-29-99.)
Section 92. The Sex Offender Registration Act is amended
by changing Sections 6 and 10 as follows:
(730 ILCS 150/6) (from Ch. 38, par. 226)
Sec. 6. Duty to report; change of address or employment;
duty to inform. A person who has been adjudicated to be
sexually dangerous or is a sexually violent person and is
later released, or found to be no longer sexually dangerous
or no longer a sexually violent person and discharged, must
report in person to the law enforcement agency with whom he
or she last registered no later than 90 days after the date
of his or her last registration and every 90 days thereafter.
Any other person who is required to register under this
Article shall report in person to the appropriate law
enforcement agency with whom he or she last registered within
one year from the date of that registration and every year
thereafter. If any person required to register under this
Article changes his or her residence address or place of
employment, he or she shall, in writing, within 10 days
inform the law enforcement agency with whom he or she last
registered of his or her new address or new place of
employment and register with the appropriate law enforcement
agency within the time period specified in Section 3. The
law enforcement agency shall, within 3 days of receipt,
notify the Department of State Police and the law enforcement
agency having jurisdiction of the new place of residence or
new place of employment.
If any person required to register under this Article
establishes a residence or employment outside of the State of
Illinois, within 10 days after establishing that residence or
employment, he or she shall, in writing, inform the law
enforcement agency with which he or she last registered of
his or her out-of-state residence or employment. The law
enforcement agency with which such person last registered
shall, within 3 days notice of an address or employment
change, notify the Department of State Police. The
Department of State Police shall forward such information to
the out-of-state law enforcement agency in the form and
manner prescribed by the Department of State Police.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99;
91-394, eff. 1-1-00; revised 9-27-99.)
(730 ILCS 150/10) (from Ch. 38, par. 230)
Sec. 10. Penalty. Any person who is required to
register under this Article who violates any of the
provisions of this Article and any person who is required to
register under this Article who seeks to change his or her
name under Article 21 of the Code of Civil Procedure is
guilty of a Class 4 felony. Any person who is required to
register under this Article who knowingly or wilfully gives
material information required by this Article that is false
is guilty of a Class 3 felony. Any person convicted of a
violation of any provision of this Article shall, in addition
to any other penalty required by law, be required to serve a
minimum period of 7 days confinement in the local county
jail. The court shall impose a mandatory minimum fine of
$500 for failure to comply with any provision of this
Article. These fines shall be deposited in the Sex Offender
Registration Fund. Any sex offender or sexual predator who
violates any provision of this Article may be tried in any
Illinois county where the sex offender can be located.
(Source: P.A. 90-125, eff. 1-1-98; 90-193, eff. 7-24-97;
90-655, eff. 7-30-98; 91-48, eff. 7-1-99; 91-221, eff.
7-22-99; revised 9-27-99.)
Section 93. The Sex Offender and Child Murderer
Community Notification Law is amended by changing Section 120
as follows:
(730 ILCS 152/120)
Sec. 120. Community notification of sex offenders.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, and offense or adjudication of all sex
offenders required to register under Section 3 of the Sex
Offender Registration Act:
(1) (Blank);
(2) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located in the county where the
sex offender is required to register or is employed; and
(3) Child care facilities located in the county
where the sex offender is required to register or is
employed.
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, and offense or adjudication of all sex offenders
required to register under Section 3 of the Sex Offender
Registration Act:
(1) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located within the region of
Cook County, as those public school districts and
nonpublic schools are identified in LEADS, other than the
City of Chicago, where the sex offender is required to
register or is employed; and
(2) Child care facilities located within the region
of Cook County, as those child care facilities are
identified in LEADS, other than the City of Chicago,
where the sex offender is required to register or is
employed.
(a-3) The Chicago Police Department shall disclose to
the following the name, address, date of birth, place of
employment, and offense or adjudication of all sex offenders
required to register under Section 3 of the Sex Offender
Registration Act:
(1) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located in the police district
where the sex offender is required to register or is
employed if the offender is required to register or is
employed in the City of Chicago; and
(2) Child care facilities located in the police
district where the sex offender is required to register
or is employed if the offender is required to register or
is employed in the City of Chicago.
(a-4) The Department of State Police shall provide a
list of sex offenders required to register to the Illinois
Department of Children and Family Services.
(b) The Department of State Police and any law
enforcement agency may disclose, in the Department's or
agency's discretion, the following information to any person
likely to encounter a sex offender required to register under
Section 3 of the Sex Offender Registration Act:
(1) The offender's name, address, and date of
birth.
(2) The offense for which the offender was
convicted.
(3) Adjudication as a sexually dangerous person.
(4) The offender's photograph or other such
information that will help identify the sex offender.
(5) Offender employment information, to protect
public safety.
(c) The name, address, date of birth, and offense or
adjudication for sex offenders required to register under
Section 3 of the Sex Offender Registration Act shall be open
to inspection by the public as provided in this Section.
Every municipal police department shall make available at its
headquarters the information on all sex offenders who are
required to register in the municipality under the Sex
Offender Registration Act. The sheriff shall also make
available at his or her headquarters the information on all
sex offenders who are required to register under that Act and
who live in unincorporated areas of the county. Sex offender
information must be made available for public inspection to
any person, no later than 72 hours or 3 business days from
the date of the request. reasonable The request must be made
in person, in writing, or by telephone. Availability must
include giving the inquirer access to a facility where the
information may be copied. A department or sheriff may
charge a fee, but the fee may not exceed the actual costs of
copying the information. An inquirer must be allowed to copy
this information in his or her own handwriting. A department
or sheriff must allow access to the information during normal
public working hours. The sheriff or a municipal police
department may publish the photographs of sex offenders where
any victim was 13 years of age or younger and who are
required to register in the municipality or county under the
Sex Offender Registration Act in a newspaper or magazine of
general circulation in the municipality or county or may
disseminate the photographs of those sex offenders on the
Internet or on television. The law enforcement agency may
make available the information on all sex offenders residing
within any county.
(d) The Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, place the information
specified in subsection (b) on the Internet or in other
media.
(e) The Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, provide the information
specified in subsection (b), with respect to a juvenile sex
offender, to any person when that person's safety may be
compromised for some reason related to the juvenile sex
offender.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99;
91-221, eff. 7-22-99; 91-224, eff. 7-1-00; 91-357, eff.
7-29-99; 91-394, eff. 1-1-00; revised 9-1-99.)
Section 94. The Code of Civil Procedure is amended by
changing Sections 7-103.48 and 7-103.68 and changing and
resectioning Section 7-103 as follows:
(735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
Sec. 7-103. "Quick-take".
(a) This Section applies only to proceedings under this
Article that are authorized in the Sections following this
Section and preceding Section 7-104.
48
PLUS,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 3
TOWNSHIP 40 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE
EASTERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND
THE SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED
WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE OF MAPLE AVENUE (RECORDED AS BOCK
AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF GAGE STREET;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE
SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER
ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE
EXTENDED EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF
GLEN LAKE DRIVE (AS DEDICATED IN RIVER ROSE SUBDIVISION
PER DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW
CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY
RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN
SAID RIVER ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG
THE NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE
SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID
LOT 1; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF
SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF
SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER
ROSE STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER
DOCUMENT NUMBER 19352146), 34.3 FEET TO THE INTERSECTION
OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RIVER ROSE
STREET AND THE EASTERLY LINE OF SAID WILLOW CREEK DRIVE,
ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER
OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE
SOUTHWESTERLY TO THE INTERSECTION OF THE NORTHWESTERLY
CORNER OF LOT "B" IN SAID RIVER ROSE SUBDIVISION WITH THE
EAST LOT LINE OF LOT 8 IN BLOCK 1 IN HIGGINS ROAD
RANCHETTES SUBDIVISION PER DOCUMENT NUMBER 13820089;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 97.24
FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A
LINE WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE
NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS
ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF
(SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF AN
UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE POINT
OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
THE AFORESAID NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTHWEST
TOLL ROAD TO THE POINT OF BEGINNING;
AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF
SECTION 9 AND THE NORTHWEST QUARTER OF SECTION 10,
TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN THE VILLAGE OF ROSEMONT, COOK COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER
OF SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH
LINE OF 61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE
OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD
RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST
STREET AND ITS EASTERLY EXTENSION, TO THE EAST LINE OF
PEARL STREET; THENCE NORTH ALONG THE EAST LINE OF PEARL
STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST
ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY
RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE
SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE
TOLL ROAD TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH
LINE OF ALLEN AVENUE; THENCE EAST ALONG SAID WESTERLY
EXTENSION, AND ALONG THE SOUTH LINE OF ALLEN AVENUE TO
THE WEST LINE OF OTTO AVENUE; THENCE SOUTH ALONG THE WEST
LINE OF OTTO AVENUE TO A POINT ON A WESTERLY EXTENSION
OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT 12 IN FIRST
ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION, BEING
A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 9
AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH
5, 1962 AS DOCUMENT 18416079; THENCE EAST ALONG SAID
WESTERLY EXTENSION, AND ALONG THE AFOREMENTIONED NORTH
LINE OF THE SOUTH 30 FEET OF LOT 12, TO THE EAST LINE OF
LOT 12; THENCE NORTH ALONG THE EAST LINE OF LOT 12, BEING
ALSO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9,
TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF LOTS 4
AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST
QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 25, 1949 AS DOCUMENT 14539019;
THENCE EAST ALONG THE NORTH LINE OF SAID OWNER'S DIVISION
TO THE WEST LINE OF LOT 3 IN SAID OWNER'S DIVISION;
THENCE SOUTH ALONG THE WEST LINE OF LOT 3 TO THE
SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH
LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID
OWNER'S SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF
LOT 4 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG
THE SOUTH LINE OF LOT 4, AND SAID SOUTH LINE EXTENDED
EASTERLY, TO THE EASTERLY RIGHT-OF-WAY LINE OF RIVER
ROAD; THENCE SOUTHEASTERLY ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING
198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
LOT 5 EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION
PER DOCUMENT NUMBER 4183101; THENCE WESTERLY, ALONG A
LINE WHICH IS 198.00 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION,
TO THE NORTHWEST CORNER OF LOT 6 IN B.L. CARLSEN'S
INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER 1925132;
THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER OF
A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID
POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION;
THENCE WESTERLY ALONG A LINE, 293.73 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET TO
THE NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT
T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST
LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO
THE SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER
DOCUMENT T2257298; THENCE WESTERLY ALONG THE SOUTH LINE
AND THE SOUTH LINE EXTENDED WESTERLY OF SAID PARCEL, 233
FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF
MICHIGAN AVENUE RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID
WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE
NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD.
TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID
POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60TH
STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY
LINE OF 60TH STREET TO A POINT OF INTERSECTION WITH THE
EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID MINNEAPOLIS,
ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY; THENCE
NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING; ; 70;
(71) For a period of 3 years after December 1,
1998, by the Village of Franklin Park, for the
redevelopment of blighted areas, for the acquisition of
property within the area legally described as:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO.
2 (SAID CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF
MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST LINE OF SAID
TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST,
PARALLEL WITH THE NORTH LINE OF SAID TRACT NO. 2, A
DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL WITH THE
EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET
TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE
BEING 50.0 FEET NORTHERLY OF THE CENTERLINE OF GRAND
AVENUE); THENCE WESTERLY ALONG SAID LINE, 672.75 FEET;
THENCE NORTH ALONG A LINE THAT IS 227.30 FEET EAST OF (AS
MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE EAST LINE
OF MIKE LATORIA SR. INDUSTRIAL SUBDIVISION, 429.87 FEET
TO THE NORTH LINE OF SAID TRACT NO. 2; THENCE EAST ALONG
SAID NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING,
IN OWNER'S DIVISION OF THAT PART OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE
12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT
10456788 AND FILED IN THE REGISTRAR'S OFFICE ON AUGUST
23, 1929 AS DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS;
(72) For a period of 3 years after December 1,
1998, by the Village of Franklin Park, for the
redevelopment of blighted areas, for the acquisition of
the property legally described as:
Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the
Salerno-Kaufman Subdivision of part of Tract No. 1 in
Owner's Division of part of the East 1/2, Northeast 1/4,
Section 29, Township 40, Range 12, East of the Third
Principal Meridian, in Cook County, Illinois; and
That part of the South 117.64 feet of tract number 1
lying East of a line 235 feet West of and parallel with
West line of Mannheim Road in Owner's Division of part of
the East half of the Northeast quarter of Section 29,
Township 40 North, Range 12, East of the Third Principal
Meridian, according to the Plat thereof recorded August
16, 1929 as Document number 10456788, in Cook County,
Illinois;
(73) for a period of 2 years following the
effective date of this amendatory Act of the 91st General
Assembly, by the City of Taylorville for the acquisition
of land used for the construction of the second silt dam
on Lake Taylorville; the project area is limited to the
townships of Greenwood, Johnson, and Locust in southern
Christian County;
(74) for a period of 6 months following the
effective date of this amendatory Act of the 91st General
Assembly, by the City of Effingham for the acquisition of
all the right of way needed for the subject project
starting at Wernsing Avenue and running northerly to
Fayette Avenue, including the right of way for a
structure over the CSX rail line and U. S. Route 40;
(75) for a period of one year following the
effective date of this amendatory Act of the 91st General
Assembly, by the City of Effingham for the acquisition of
property for the construction of South Raney Street
Project Phase II, including a grade separation over
Conrail and U. S. Route 40 in the City of Effingham, from
the intersection of South Raney Street and West Wernsing
Avenue northerly to the intersection of South Raney
Street and West Fayette Avenue;
(76) for a period of 2 years following the effective
date of this amendatory Act of the 91st General Assembly,
by the Village of Lincolnshire, for the purpose of
redevelopment within the downtown area, for the
acquisition of property within that area legally
described as follows:
THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST
LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 2297085
AND THE NORTHERLY LINE OF HALF DAY ROAD; THENCE
NORTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID HALF DAY
ROAD TO THE INTERSECTION WITH THE WEST LINE OF STATE
ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE
NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO
THE NORTH LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST
QUARTER OF THE AFORESAID SECTION 15; THENCE EAST ALONG
THE SAID NORTH LINE OF THE SOUTH 452.20 FEET TO THE EAST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE
SOUTH ALONG THE SAID EAST LINE TO THE SOUTHEAST CORNER OF
THE NORTHEAST QUARTER THEREOF; THENCE WEST ALONG THE
SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST LINE
OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER
263584; THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE
OF CEMETERY TO THE NORTH EAST CORNER THEREOF; THENCE WEST
297.00 FEET ALONG THE NORTH LINE OF THE AFORESAID
CEMETERY, SAID LINE IS THE MOST NORTHERLY LINE OF
CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST LINE OF
AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE SOUTH
ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID
CEMETERY TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST
CORNER IS 296.61 FEET SOUTH OF THE SOUTH LINE OF CEMETERY
ROAD AS OCCUPIED; THENCE EAST ALONG THE SOUTH LINE OF
VERNON CEMETERY TO THE SOUTH EAST CORNER THEREOF, SAID
SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST LINE OF
PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE
SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF
DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A
POINT IN THE WEST LINE (EXTENDED) OF INDIAN CREEK
SUBDIVISION (RECORDED AS DOCUMENT NUMBER 2084U19); THENCE
SOUTH ALONG THE WEST LINE AND AN EXTENSION THEREOF OF
INDIAN CREEK CONDOMINIUM SUBDIVISION TO THE SOUTHWEST
CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE
OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO
THE MOST SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION
SAID POINT BEING IN THE NORTH LINE OF RELOCATED ILLINOIS
STATE ROUTE 22; THENCE NORTHEASTERLY ALONG A SOUTH LINE
OF INDIAN CREEK CONDOMINIUM SUBDIVISION 209.56 FEET, SAID
LINE BEING ALSO THE NORTH LINE OF RELOCATED ILLINOIS
STATE ROUTE 22, TO THE SOUTHEAST CORNER OF INDIAN CREEK
CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST LINE
OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO
THE NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE
NORTH LINE OF HALF DAY ROAD TO THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 15 AFORESAID;
THENCE SOUTHERLY ALONG AN EASTERLY LINE OF THE HAMILTON
PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION
22 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 22 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES
00 MINUTES 00 SECONDS EAST FOR THIS LEGAL DESCRIPTION);
THENCE SOUTH 13 DEGREES 57 MINUTES 09 SECONDS WEST,
519.43 FEET TO A POINT DESCRIBED AS BEARING NORTH 51
DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A
POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 22 AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID
EAST LINE, SOUTH OF THE NORTHEAST CORNER OF SAID
NORTHEAST QUARTER; THENCE SOUTH 05 DEGREES 08 MINUTES 04
SECONDS EAST, 232.01 FEET TO THE MOST NORTHERLY NORTHEAST
CORNER OF MARIOTT DRIVE, ACCORDING TO THE PLAT OF
DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE
SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH
42 DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE
NORTHWESTERLY LINE OF SAID MARIOTT DRIVE, 40.70 FEET
(RECORD 40.73 FEET) TO AN ANGLE POINT IN THE NORTH LINE
OF SAID MARIOTT DRIVE; THENCE SOUTH PERPENDICULAR TO
AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE SOUTH LINE
THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT
DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH
LINE OF MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF
WHICH IS THE EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN
CREEK RESUBDIVISION; THENCE NORTH PERPENDICULAR TO
MARIOTT DRIVE TO THE AFOREMENTIONED POINT ON THE NORTH
LINE; THENCE NORTHWESTERLY ON THE EASTERLY LINE &
EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE
NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH
LINE OF LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE
SOUTHWESTERLY PERPENDICULAR TO ILLINOIS ROUTE 21
(MILWAUKEE AVENUE DEDICATED BY DOCUMENT NUMBER 2129168)
TO THE WEST LINE THEREOF; THENCE NORTH ALONG THE WEST
LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE NORTHEAST
CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;
THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED
LOT 1, 218.50 FEET TO A JOG IN THE NORTH LINE THEREOF;
THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID LOT 1,
20.22 FEET TO A JOG IN THE NORTH LINE; THENCE WEST ALONG
THE NORTH LINE OF LOT 1 AFORESAID 150.42 FEET TO THE
NORTHWEST CORNER OF THEREOF; THENCE SOUTH 205.94 FEET
ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG IN
THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF
LOT 1 TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE
SOUTH 91.22 FEET ALONG THE WEST LINE LOT 1 TO THE
SOUTHWEST CORNER LOT 1 AFOREMENTIONED; THENCE SOUTHERLY
RADIAL TO RELOCATED ILLINOIS STATE ROUTE 22 TO THE SOUTH
LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF
RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT
PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE
OLD HALF DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41
FEET ALONG A WEST LINE OF AFORESAID SCHOOL PARCEL TO A
CORNER THEREOF; THENCE NORTHEASTERLY 169.30 FEET ALONG A
NORTHERLY LINE OF AFORESAID SCHOOL PARCEL TO A CORNER
THEREOF; THENCE NORTHWESTERLY 242.80 FEET ALONG A WEST
LINE TO THE CENTER LINE OF HALF DAY ROAD; THENCE
NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE
NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG
THE NORTH LINE OF HALF DAY ROAD TO A POINT SAID POINT IS
A BEND IN THE WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT
NUMBER 2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG
THE WEST LINE AFOREMENTIONED TO THE NORTHWEST CORNER
THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO THE
NORTHEAST CORNER OF THE SAID PROPERTY; THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE OF AFORESAID
PROPERTY TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN
DOCUMENT NUMBER 2297085; THENCE EAST 2.27 CHAINS ALONG
THE NORTH LINE OF AFOREMENTIONED PROPERTY TO THE
NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST
LINE OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF
BEGINNING, (EXCEPT THEREFROM THE TRACT OF LAND AS
DESCRIBED BY DOCUMENT NUMBER 1141157 AND MILWAUKEE AVE.
ADJACENT THERETO) ALL IN LAKE COUNTY, ILLINOIS;
(77) for a period of 18 months after the effective
date of this amendatory Act of 1999, by the City of
Marion for the acquisition of property and temporary
construction easements bounded by the following lines for
improvement of the Pentecost Road project:
A variable width strip of land lying parallel with and
contiguous to the existing east and west Right-of-Way
lines of Pentecost Road in the following quarter-quarter
section:
the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17;
NW1/4 SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/4
SE1/4, Section 17; and the SE1/4 SE1/4, Section 17, all
located in Township 9 South, Range 2 East of the Third
Principal Meridian; Williamson County, Illinois;
(78) for a period of 6 months following the
effective date of this amendatory Act of the 91st General
Assembly, by the city of Geneva, for the Prairie and
Wetland Restoration Project, for the acquisition of
property described as follows:
PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE
COUNTY, ILLINOIS.
PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST
FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP
OF GENEVA, KANE COUNTY, ILLINOIS.
PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE
FOLLOWING TRACT: (A STRIP OF LAND 60 FEET IN WIDTH
EXTENDING OVER AND ACROSS THE SOUTH EAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND
BEING THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES
W. PEMBLETON AND WIFE TO THE CHICAGO AND NORTH WESTERN
RAILWAY COMPANY (NOW THE CHICAGO AND NORTH WESTERN
TRANSPORTATION COMPANY) BY WARRANTY DEED DATED JUNE 29,
1903 AND RECORDED AS DOCUMENT 64790 IN BOOK 430 ON PAGE
337 IN THE OFFICE OF THE REGISTRAR OF DEEDS FOR KANE
COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE
COUNTY, ILLINOIS;
(79) for a period of 2 years after the effective
date of this amendatory Act of the 91st General Assembly,
by the City of Arcola for the purpose of acquiring
property in connection with a project to widen Illinois
Route 133 east of Interstate 57;
(80) for a period of 24 months after the effective
date of this amendatory Act of the 91st General Assembly,
by the County of Lake, for the acquisition of necessary
right-of-way to complete the improvement of the
intersection of County Highway 47 (9th Street) and County
Highway 27 (Lewis Avenue);
(81) for a period of 24 months after the effective
date of this amendatory Act of the 91st General Assembly,
by the County of Lake, for the acquisition of necessary
right-of-way to complete the improvement of the various
intersections and roadways involved in the project to
improve County Highway 70 (Hawley Street), County Highway
26 (Gilmer Road), and County Highway 62 (Fremont Center
Road) at and near Illinois Route 176;
(82) for a period of 30 months after the effective
date of this amendatory Act of the 91st General Assembly,
by the County of Winnebago to allow for the acquisition
of right-of-way for the construction of the Harrison
Avenue Extension project from Montague Road to West
State Street lying within Section 20, the east 1/2 of
Section 29, and the northeast 1/4 of Section 32,
Township 44W, Range 1 East of the 3rd Principal
Meridian, in Winnebago County;
(83) for a period of 2 years after the effective
date of this amendatory Act of the 91st General Assembly,
by the Village of Schiller Park, for the acquisition of
the following described property for purposes of
redevelopment of blighted areas:
The following parcel of property lying within the East
Half of the Southeast Quarter of Section 17, Township 40
North, Range 12 East of the Third Principal Meridian and
the N East Half of the Southwest Quarter of Section 16,
Township 40 North, Range 12 East of the Third Principal
Meridian all in Cook County, Illinois:
Commencing at the intersection of the center line of
Irving Park Road with the west line of Mannheim Road;
thence, southwesterly along the westerly line of Mannheim
Road to its intersection with the south line of Belle
Plaine Avenue, as extended from the east; thence,
easterly along the south line of Belle Plaine Avenue to
its intersection with the west line, as extended from the
North, of Lot 7 in the Subdivision of the West Half of
the Southwest Quarter of Section 16, Township 40 North,
Range 12 East of the Third Principal Meridian (except
that part lying Northerly of Irving Park Road), recorded
April 14, 1921 as document no. 7112572; thence, northerly
along the west line, as extended from the north, of Lot 7
of the aforecited Subdivision to its intersection with
the north line of Belle Plaine Avenue; thence,
northeasterly along the northwesterly line of the
property acquired by The Illinois State Toll Highway
Authority to its intersection with the east line of Lot 7
of the aforecited Subdivision; thence, northerly along
the east line of Lot 7 of the aforecited Subdivision to
its intersection with the south line of Lot 2 in the
aforecited Subdivision; thence, westerly along the south
line of Lot 2 of the aforecited Subdivision to its
intersection with the west line of Lot 2 of the
aforecited Subdivision; thence, northerly along the west
line of Lot 2 of the aforecited Subdivision and the
extension of the west line of Lot 2 to its intersection
with the center line of Irving Park Road; thence,
westerly along the center line of Irving Park Road to the
point of beginning.
Notwithstanding the property description contained in
this paragraph (83), the Village of Schiller Park may not
acquire, under the authority of this paragraph (83), any
property that is owned by any other unit of local government;
(84) for a period of 2 years after the effective
date of this amendatory Act of the 91st General Assembly,
by the City of Springfield, for the acquisition of (i)
the property located in the City of Springfield and
bounded on the north by Mason Street, on the west by
Fifth Street, on the south by Jefferson Street, and on
the east by Sixth Street and (ii) the property located in
the City of Springfield and bounded on the north by
Madison Street, on the west by Sixth Street, on the south
by Washington Street, and on the east by Seventh Street,
for the Abraham Lincoln Presidential Library;
(85) for a period of 24 months after the effective
date of this amendatory Act of the 91st General Assembly,
by McLean County, for the acquisition of property
necessary for the purpose of construction with respect to
the Towanda-Barnes Road from Route 150 to Ft. Jesse Road;
(86) for a period of 12 months after the effective
date of this amendatory Act of the 91st General Assembly,
by Pike County, for the acquisition of property necessary
for the purpose of construction with respect to F.A.S.
1591, commonly known as Martinsburg Road, from one mile
north of Martinsburg to 0.25 mile north of Martinsburg;
(87) for a period of 12 months after the effective
date of this amendatory Act of the 91st General Assembly,
by the Fox Metro Water Reclamation District, for the
acquisition of the following described property for the
purpose of extending the collector system and
construction of facilities for treatment of effluent:
THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF
STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 01
MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FOR
THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 01
MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET;
THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL
WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO
THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 19
DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF
LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 39
MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3,
70.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 36
MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF
SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE
NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL
LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE
TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL
QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 6,
1363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES
EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER;
THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING;
THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 16
MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET;
THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET
TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE
SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE
DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE
POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 36
MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
ALSO:
PARCEL ONE:
LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO,
KENDALL COUNTY, ILLINOIS.
PARCEL TWO:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING
AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE
ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES
EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE
SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE
POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT
ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET;
THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE
CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY
ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 82
DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING;
THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT
OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL
COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF
SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE
CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A
LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM
A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT
IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM
THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD
OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE
SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWEST
CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG
THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY
PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF
THE NORTH LINE OF PREMISES CONVEYED TO THE
COMMONWEALTH EDISON COMPANY BY WARRANTY DEED
RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO
EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT
THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 5
WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31;
THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID
CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 30
MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST
DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES
30 MINUTES EAST TO THE CENTER THREAD OF THE FOX
RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO
A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM
THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30
MINUTES WEST TO THE POINT OF BEGINNING), IN THE
TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS;
(88) for a period of 12 months after the effective
date of this amendatory Act of the 91st General Assembly,
by St. Clair County, for the acquisition of property
necessary for the purpose of the following county road
improvements in the City of O'Fallon and the Village of
Shiloh: Section 95-00301-02-PV, Hartman Lane to
Shiloh-O'Fallon Road, 2.45 miles of concrete pavement, 24
feet wide, 10-foot shoulders, a 95-foot single-span
bridge, earthwork, and traffic signals;
(89) for a period of 12 months after the effective
date of this amendatory Act of the 91st General Assembly,
by St. Clair County, for the acquisition of property
necessary for the purpose of the following county road
improvements in the City of Fairview Heights: Section
97-00301-04-PV, Metro-Link Station to Illinois Route 159,
2.04 miles of concrete pavement, 24 feet wide, 10-foot
shoulders, earthwork, and traffic signals;
(90) for a period of 12 months after the effective
date of this amendatory Act of the 91st General Assembly,
by St. Clair County, for the acquisition of property
necessary for the purpose of the following county road
improvements in the City of O'Fallon: Section
97-03080-05-PV, Jennifer Court to Station 122+50, 1.52
miles of concrete pavement, 24 to 40 feet wide, 10-foot
shoulders, earthwork, storm sewers, curbs, and gutters;
(91) for a period of 12 months after the effective
date of this amendatory Act of the 91st General Assembly,
by Madison County, for the acquisition of property
necessary for the purpose of approximately 2.4 miles of
roadwork commencing at the intersection of Illinois Route
143 northerly over, adjacent to, and near the location of
County Highway 19 (locally known as Birch Drive) to the
intersection of Buchts Road, traversing through land
sections 19, 20, 29, 30, and 31 of Ft. Russell Township,
the work to consist of excavation, fill placement,
concrete structures, and an aggregate and bituminous base
with bituminous binder and surfacing;
(92) for a period of 2 years after the effective
date of this amendatory Act of the 91st General Assembly,
by Lake County, for the acquisition of property necessary
for the purpose of improving County Highway 70 (Hawley
Street) from Chevy Chase Road to County Highway 26
(Gilmer Road);
(93) for a period of 12 months after the effective
date of this amendatory Act of the 91st General Assembly,
by Kendall County, for the acquisition of the following
described property for the purpose of road construction
or improvements, including construction of a bridge and
related improvements:
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
71; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST,
1,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND
THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY
LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 53
MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF
THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 18
SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE
SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO
THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET
ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE
CHORD BEARS SOUTH 81 DEGREES 25 MINUTES 34 SECONDS WEST,
194.69 FEET TO THE POINT OF BEGINNING.
AND:
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
71 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 53
MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE
OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 36
SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY
LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 09
MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 74
DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE
NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET;
THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.62
FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST,
46.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS
WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD;
THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.48
FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED
NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE
BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY,
222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE
RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 59
SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 43
MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY,
237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT
WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDS
EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 42
SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 31
MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 72
DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE
SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET
TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE
71; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST,
350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF
ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 24
SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOIS
ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS
WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF
BEGINNING.
AND:
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE
C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING
NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET
ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID
LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG
SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 71
FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 01
MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER
LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58
MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 64
DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE
SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET;
THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.09
FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT
RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 12
DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE
SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.52
FEET; THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT
RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 11
DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE
SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET;
THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.98
FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG
SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47
SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET
ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.46
FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST,
64.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS
WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36
SECONDS WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER
ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST,
73.38 FEET ALONG SAID CENTER LINE TO THE POINT OF
BEGINNING;
(94) For a period of 2 years after the effective
date of this amendatory Act of the 91st General Assembly,
by DuPage Public Safety Communications (DU-COMM), a unit
of intergovernmental cooperation, for the acquisition of
property including land, buildings, towers, fixtures, and
other improvements located at Cloverdale, Illinois and
described as follows:
A tract or parcel of land situated in the Southeast
Quarter (SE 1/4) of Section Twenty-one (21), Township
Forty (40) North, Range Ten (10) East of the Third
Principal Meridian, more particularly described as
follows:
Commencing at the Southwest corner of the
Southeast Quarter (SE 1/4) of said Section
Twenty-one (21), measure North, along the West line
of the Southeast Quarter (SE 1/4) of said Section
Twenty-one (21) 1287.35 feet, then East at right
angles to the said West line of the Southeast
Quarter (SE 1/4) of said Section Twenty-one (21),
292.57 feet to the point of beginning;
Thence East along the last described course
208.71 feet, thence South at right angles to the
last described course 208.71 feet, thence West at
right angles to the last described course 208.71
feet, thence North in a direct line 208.71 feet to
the point of beginning; also
A right of way and easement thirty-three (33) feet
in width for the construction, maintenance, and use of
(a) a roadway suitable for vehicular traffic, and (b)
such aerial or underground electric power and
communication lines as said Company may from time to time
desire, consisting of poles, wires, cables, conduits,
guys, anchors, and other fixtures and appurtenances, the
center line of which right of way and easement is
described as follows:
Commencing at a point on the West line of the
tract or parcel of land above described, distant
Southerly 16.5 feet from the Northwest corner of
said tract or parcel, thence Westerly at right
angles to the West line of the Southeast Quarter (SE
1/4) of said Section Twenty-one (21), 293 feet more
or less to the public road situated on the West line
of the Southeast Quarter (SE 1/4) of said Section
Twenty-one (21), Township and Range aforesaid;
(95) for a period of 3 years after the effective date of
this amendatory Act of the 91st General Assembly (in the case
of the permanent easements described in items (A) and (C)),
by the City of Crest Hill, for acquisition of the following
easements:
(A) Permanent easement for the purposes of
installation, maintenance, and use of water or sewer, or
both water and sewer, lines in, along, through, and under
the following legally described property:
The East 70 feet of the North half of the North half
of the Southeast Quarter of Section 30, Township 36
North, and in Range 10, East of the Third Principal
Meridian (Except therefrom the North 12 Rods of the East
13 1/2 Rods thereof, and also except the South 99 feet of
the East 440 feet thereof), in Will County, Illinois.
(B) Temporary easement for purposes of initial
construction of the water or sewer, or both water and
sewer, lines in, along, through, and under the permanent
easement described in item (A). The temporary easement
herein shall arise on September 1, 1999 and shall cease
on August 31, 2001 and is legally described as follows:
The East 100 feet of the North half of the North
half of the Southeast Quarter of Section 30, Township 36
North, and in Range 10, East of the Third Principal
Meridian (Except therefrom the North 12 Rods of the East
13 1/2 Rods thereof, and also except the South 99 feet of
the East 440 feet thereof), in Will County, Illinois.
(C) Permanent easement for the purposes of
installation, maintenance, and use of water or sewer, or
both water and sewer, lines in, along, through, and under
the following legally described property:
The East 70 feet of the West 120 feet of the South
half of the Southeast Quarter of Section 30, in township
36 North, and in Range 10 East of the Third Principal
Meridian, in Will County, Illinois, excepting therefrom
the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of
the Elgin, Joliet and Eastern Railway Company, in Will
County, Illinois.
Exception 2: The West 200 feet of said South half,
in Will County, Illinois.
Exception 3: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and
in Range 10 East of the Third Principal Meridian,
described as follows: Beginning at a point 250 feet East
of the West line of said South half of the Southeast
Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a
line 250 feet East of and parallel with the West line of
said Southeast Quarter a distance of 1004.55 feet to a
point; thence Northwesterly along a diagonal line 65.85
feet to its intersection with a line drawn 200 feet East
of and parallel to the West line of said Southeast
Quarter, said point also being 100.75 feet South of the
North line of the South half of said Southeast Quarter,
as measured along said parallel line; thence South along
the last described parallel line a distance of 1045.02
feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning,
in Will County, Illinois.
Exception 4: Beginning at the Southeast corner of
the Southeast Quarter of Section 30, Township 36 North,
and in Range 10 East of the Third Principal Meridian,
thence Northerly along the East line of said Section for
a distance of 346.5 feet; thence Westerly along a line
346.5 feet distant from and parallel with the South line
of said Section for a distance of 297 feet; thence
Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of
346.5 feet to a point, said point being on the South line
of said Section; thence Easterly along said South line of
said Section 297 feet to the point of beginning, in Will
County, Illinois.
Exception 5: That part dedicated for highway
purposes in instrument recorded January 28, 1986 as
Document No. R86-03205 described as follows: That part of
the South half of the Southeast Quarter of Section 30,
Township 36 North, and in Range 10 East of the Third
Principal Meridian bounded and described as follows:
Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and
Eastern Railway Company with the South line of said
Southeast Quarter, thence on an assumed bearing of North
90.00 degrees 00 minutes 00 seconds East along said South
line a distance of 288.02 feet; thence North 00 degrees
00 minutes 00 seconds East a distance of 33.0 feet;
thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way
line of said railway company; thence South 49 degrees 15
minutes 53 seconds East along said Northeasterly
right-of-way line, a distance of 84.28 feet to the point
of beginning, in Will County, Illinois.
Exception 6: The North 850 feet of the East 1025
feet of the South half of the Southeast Quarter of
Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, in Will County, Illinois.
(D) Temporary easement for purposes of initial
construction of the water or sewer, or both water and
sewer, lines in, along, through, and under the permanent
easement described in item (C). The temporary easement
herein shall arise on September 1, 1999 and shall cease
on August 31, 2001 and is legally described as follows:
The East 100 feet of the West 150 feet of the South
half of the Southeast Quarter of Section 30, in Township
36 North, and in Range 10 East of the Third Principal
Meridian, in Will County, Illinois, excepting therefrom
the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of
the Elgin, Joliet and Eastern Railway Company, in Will
County, Illinois.
Exception 2: The West 200 feet of said South half,
in Will County, Illinois.
Exception 3: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and
in Range 10 East of the Third Principal Meridian,
described as follows: Beginning at a point 250 feet East
of the West line of said South half of the Southeast
Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a
line 250 feet East of and parallel with the West line of
said southeast Quarter a distance of 1004.55 feet to a
point; thence Northwesterly along a diagonal line 65.85
feet to its intersection with a line drawn 200 feet East
of and parallel to the West line of said Southeast
Quarter, said point also being 100.75 feet South of the
North line of the South half of said Southeast Quarter,
as measured along said parallel line; thence South along
the last described parallel line a distance of 1045.02
feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning,
in Will County, Illinois.
Exception 4: Beginning at the Southeast corner of
the Southeast Quarter of Section 30, Township 36 North,
and in Range 10 East of the Third Principal Meridian,
thence Northerly along the East line of said Section for
a distance of 346.5 feet; thence Westerly along a line
346.5 feet distant from and parallel with the South line
of said Section for a distance of 297 feet; thence
Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of
346.5 feet to a point, said point being on the South line
of said Section; thence Easterly along said South line of
said Section 297 feet to the point of beginning, in Will
County, Illinois.
Exception 5: That part dedicated for highway
purposes in instrument recorded January 28, 1986 as
Document No. R86-03205 described as follows: That part of
the South half of the Southeast Quarter of Section 30,
Township 36 North, and in Range 10 East of the Third
Principal Meridian bounded and described as follows:
Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and
Eastern Railway Company with the South line of said
Southeast Quarter; thence on an assumed bearing of North
90.00 degrees 00 minutes 00 seconds East along said South
line a distance of 288.02 feet; thence North 00 degrees
00 minutes 00 seconds East a distance of 33.0 feet;
thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way
line of said railway company; thence South 49 degrees 15
minutes 53 seconds East along said Northeasterly
right-of-way line, a distance of 84.28 feet to the point
of beginning, in Will County, Illinois.
Exception 6: The North 850 feet of the East 1025
feet of the South half of the Southeast Quarter of
Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, in Will County, Illinois;
(96) for a period of 4 years after the effective date of
this amendatory Act of the 91st General Assembly, by the
Village of Palatine, for the acquisition of the following
described property for the purpose of revitalizing the
downtown business area:
Lots 1 through 3 in Block D of the Subdivision of the
North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22,
Township 42, Range 10 East of the Third Principal Meridian,
in Cook County, IL;
Property bounded by Bothwell Street, Railroad
right-of-way, Plum Grove Road and Chicago Avenue in the
Village of Palatine;
Lots 1 through 8 in Block K, of the Town of Palatine, a
subdivision of the West 16 2/3 acres of the South 31 acres of
the West 1/2 of the Southwest 1/4 of Section 14 and the
Southeast 24.12 acres of the South 31 acres of the East 1/2
of the Southeast 1/4 of Section 15, Township 42 North, Range
10, East of the Third Principal Meridian, Ante-Fire,
Re-recorded April 10, 1877 as Document 129579, in Cook
County, Illinois;
Property bounded by Wilson Street, Plum Grove Road, Slade
Street, Railroad right-of-way and Bothwell Street in the
Village of Palatine;
Lots 1 through 8 in Block 8 of the Subdivision of part of
the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on
April 10, 1877 as Document Number 129579;
Lots 20 and 21 and the West 71.25 feet of Lot 24 of
Arthur T. McIntosh and Company's Palatine Farms, being a
subdivision of Section 16, Township 42, Range 10 East of the
Third Principal Meridian, in Cook County, IL, recorded on
June 16, 1919;
Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of
Section 15, Township 42, Range 10 East of the Third
Principal Meridian, in Cook County, IL;
Property bounded by Colfax Street, Smith Street and
Millin's Subdivision of the SE 1/4 of Section 15, Township
42, Range 10 East of the Third Principal Meridian, in Cook
County, IL;
Property bounded by Wood Street, Brockway Street and
Railroad right-of-way in the Village of Palatine;
Lots 45 through 50 and 58 through 64 of Arthur T.
McIntosh and Company's Palatine Farms, being a subdivision of
Section 16, Township 42, Range 10 East of the Third Principal
Meridian, in Cook County, IL, recorded on June 16, 1919; and
Property bounded by Railroad right-of-way, Brockway Street
and Slade Street in the Village of Palatine.
(b) 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) 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. 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232,
eff. 7-25-97; 90-370, eff. 8-14-97; 90-581, eff. 5-22-98;
90-655, eff. 7-30-98; 90-663, eff. 7-30-98; 91-357, eff.
7-29-99; 91-367, eff. 7-30-99; revised 8-17-99.)
(735 ILCS 5/7-103.48)
Sec. 7-103.48. Quick-take; MetroLink Light Rail System.
Quick-take proceedings under Section 7-103 may be used for a
period of 48 36 months after January 16, 1997, 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.
(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99;
revised 8-17-99.)
(735 ILCS 5/7-103.68)
Sec. 7-103.68. Quick-take; Village of Rosemont.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after July 30, 1998, by the Village of
Rosemont for redevelopment purposes, including infrastructure
improvements, construction of streets, stormwater facilities,
and drainage areas, and flood plain improvements, for the
acquisition of property described as follows:
That part of the Northwest Quarter and that part of
the Southwest Quarter of Section 3, Township 40 North,
Range 12, East of the Third Principal Meridian, and being
more particularly described as follows:
Beginning at the point of intersection of the west
right-of-way line of River Road (as shown on the plat of
subdivision for Gerhart Huehl Estates Division per
document number 4572711) and the southerly line of Lot 7
in said Gerhart Huehl Estates Division; thence north 14
degrees 38 minutes 19 seconds west, along the aforesaid
west right-of-way of River Road, to the point of
intersection with a line drawn 490.0 feet south of and
parallel to the north line of Lot 3 in the said Gerhart
Huehl Estates Division; thence north 89 degrees 07
minutes 41 seconds west, along the previously described
parallel line 554.77 feet to the point, said point being
540.00 feet east of the easterly right-of-way line of
Schafer Court (Schafer Court being an unrecorded
roadway); thence, north 0 degrees 00 minutes 00 seconds
east, 284.12 feet to the point of intersection with south
line of the aforesaid Lot 3 (said south line also being
the north line of Lot 6 in Gerhart Huehl Estates
Division); thence north 89 degrees 04 minutes 45 seconds
west, along the said south line of Lot 3, 478.29 feet to
the point of intersection with the aforesaid easterly
right-of-way line of Schafer Court; thence south 12
degrees 16 minutes 34 seconds west, along the said
easterly right-of-way line, 312.83 feet; thence south 18
degrees 09 minutes 05 seconds west, continuing along the
said easterly right-of-way line, 308.16 feet to the point
of intersection with the northerly right-of-way line of
Higgins Road as dedicated per document number 11056708;
thence, north 66 degrees 43 minutes 09 seconds west along
said northerly right-of-way line of Higgins Road to the
easterly right-of-way of the Northwest Toll Road; thence
southerly along said easterly right-of-way of the
Northwest Toll Road to the southerly right-of-way of
Maple Avenue extended westerly; thence easterly along
said southerly right-of-way line of Maple Avenue
(recorded as Bock Avenue) to the easterly right-of-way
line of Gage Street; thence northerly along said easterly
right-of-way line of Gage Street to the southerly line of
Lot 2 in River Rose Subdivision Unit 2 per document
number 19594706; thence easterly along the southerly line
of said Lot 2 in River Rose Subdivision Unit Number 2 and
said southerly line extended easterly to the easterly
right-of-way line of Glen Lake Drive (as dedicated in
River Rose Subdivision per Document Number 19352146 and
dedicated as Willow Creek Drive); thence southwesterly
along said easterly right-of-way line to the northwest
corner of Lot 1 in said River Rose Subdivision; thence
south 59 degrees 08 minutes 47 seconds east, along the
northerly lines of Lots 1 through 13 (both inclusive) in
the said River Rose subdivision, 757.48 feet to the most
northeasterly corner of said Lot 13; thence south 11
degrees 05 minutes 25 seconds west, along the easterly
line of said lot 13 in said River Rose Subdivision, 14.08
feet to the northerly line of Glen J. Nixon's subdivision
as per document 19753046; thence easterly along said
northerly line, 237.43 feet to the westerly right-of-way
of said Des Plaines River Road;
Thence southerly along said westerly right-of-way of
Des Plaines River Road to the southerly line of the
Northerly 90 feet of Lot 2 in said Glen J. Nixon's
subdivision; thence westerly along said southerly line to
the westerly line of said Glen J. Nixon's subdivision;
thence southerly along the said westerly line of Glen J.
Nixon's subdivision to the southerly right-of-way of an
unrecorded roadway; thence south 70 degrees 43 minutes 16
seconds west, along the southerly line of the unrecorded
roadway, 108.23 feet; thence continuing along the
southerly right-of-way of the unrecorded roadway, 95.34
feet along an arc of a circle whose radius is 110.00 feet
and being convex to the south; thence north 56 degrees 32
minutes 25 seconds west, continuing along the southerly
right-of-way of the said unrecorded roadway, 216.00 feet
to the southwest corner of said Glen Lake Drive as
dedicated in the aforesaid River Rose subdivision; thence
north 59 degrees 10 minutes 12 seconds west, along the
southerly right-of-way of said Glen Lake Drive, 327.48
feet, to the point of intersection with east line of Lot
8 in Block 1 in Higgins Road Ranchettes Subdivision per
Document Number 13820089; thence northerly along the east
line of said Lot 8, 97.24 feet to a point; said point
being 66.00 feet south of the northeast corner of said
Lot 8; thence north 89 degrees 36 minutes 54 seconds
west, along a line which is 66.00 feet south of and
parallel to the north line of Lots 3, 4, 5, 6, 7, and 8
in said Higgins Road Ranchettes Subdivision (said
parallel line also being the south line of an unrecorded
street known as Glenlake Street), 621.61 feet to the
point of intersection with the northeasterly right-of-way
line of Toll Road; the next four courses being along the
said northeasterly right-of-way line of the Toll Road;
thence south 21 degrees 28 minutes 12 seconds east,
219.81 feet; thence south 34 degrees 29 minutes 34
seconds east, 261.77 feet; thence south 52 degrees 02
minutes 04 seconds east, 114.21 feet; thence south 52
degrees 07 minutes 21 seconds east to the westerly line
(extended northerly) of Lots 83 through 87 inclusive in
Frederick H. Bartlett's River View Estates recorded as
Document Number 853426 in Cook County; thence southerly
along said westerly line to the southerly right-of-way
line of Thorndale Avenue; thence easterly along said
southerly right-of-way line of Thorndale Avenue 14.65
feet; thence southerly along a line parallel with the
said westerly line of Lots 83 through 87 inclusive and
14.38 feet easterly, 139.45 feet; thence southwesterly
along a line which ends in the southerly line of said Lot
84 extended westerly, 85.35 feet westerly from the
southwest corner of said Lot 84; thence easterly along
said southerly line to the westerly right-of-way of Des
Plaines River Road; thence northerly along said westerly
right-of-way line to the said northerly line of the Toll
Road; thence south 52 degrees 07 minutes 21 seconds east,
along said right-of-way to the centerline of said Des
Plaines River Road; thence south 11 degrees 06 minutes 48
seconds west, along said centerline, 1.47 feet; thence
south 55 degrees 56 minutes 09 seconds east, continuing
along the said northeasterly right-of-way line of the
Toll Road (said line also being the south line of Lot 1
in Rosemont Industrial Center per Document Number
20066369), 411.98 feet; thence south 61 degrees 51
minutes 06 seconds east, continuing along the said
northeasterly right-of-way line of the Toll Road (said
line also being along the south line of Lots 1, 2, and 5
in said Rosemont Industrial Center), 599.13 feet to the
southeast corner of said Lot 5; thence north 12 degrees
45 minutes 47 seconds east, along the east lines of Lots
3 and 5 in said Rosemont Industrial Center, 424.40 feet;
thence north 33 degrees 51 minutes 39 seconds east, along
the east lines of Lots 3 and 4 in the said Rosemont
Industrial Center, 241.42 feet to the northeast corner of
said Lot 4; thence north 33 degrees 51 minutes 40 seconds
east, 189.38 feet to the center of said Section 3; thence
north 2 degrees 42 minutes 55 seconds east, along the
east line of the northwest quarter of said Section 3,
375.90 feet to the point of intersection with the south
line of Higgins Road, as widened per Document Number
11045055; the next three courses being along the said
south right-of-way line of Higgins Road; thence north 64
degrees 30 minutes 51 seconds west, 53.65 feet; thence
northwesterly, 436.47 feet along an arc of a circle whose
radius is 1,482.69 feet and being convex to the
southwest; thence north 47 degrees 57 minutes 51 seconds
west, 73.57 feet; thence northeasterly, along an arc of a
circle whose radius is 5,679.65 feet and being convex to
the northeast, to a point of intersection of said
southerly right-of-way of Higgins Road and the
southeasterly line of the land conveyed to James H. Lomax
by Document Number 1444990; thence northeasterly along
said southeasterly line extended, 197 feet to the center
line of the Des Plaines River; thence north 49 degrees 11
minutes 20 seconds west 325.90 feet; thence continuing in
the said center line of the Des Plaines River, north 27
degrees 56 minutes 17 seconds west 370.53 feet; thence
north 12 degrees 10 minutes 40 seconds east, 16.0 feet;
thence southwesterly along said southeasterly line of Lot
7 extended in Gerhart Huehl Estates Division, to said
place of beginning;
Plus,
That part of the West half of the Northwest quarter
of Section 3, Township 40 North, Range 12 East of the
Third Principal Meridian, in Cook County, Illinois,
described as follows:
Beginning at the intersection of the South line of
Devon Avenue with the East line of Shafer Court being a
point 281.01 feet East of the West line of the
aforementioned West half of the Northwest quarter of
Section 33; thence Southerly along the East line of said
Shafer Court, 193.91 feet to the South line of Lot 3 in
Gerhart Huehl Estate Division according to the plat
thereof recorded June 3, 1910, as Document 4572711, being
a point 241.74 feet East of the aforementioned West half
of the Northwest quarter of Section 33; thence East along
the South line of said Lot 3, a distance of 508.5 feet to
a point 487.69 feet West of the centerline of River Road;
thence continuing easterly along the last described line
as extended to the west line of River Road; thence
northerly along the west line of River Road to the South
line of Devon Avenue; thence westerly along the south
line of Devon Avenue to the point of beginning;
Plus,
That part of the Southwest quarter of Section 3,
Township 40 North, Range 12 East of the Third Principal
Meridian, in Cook County, Illinois, described as follows:
Beginning at the Southeast corner of Rosemont
Industrial Center, being a subdivision recorded February
17, 1967 as Document 20066369; thence Northwesterly along
the South line of Rosemont Industrial Center aforesaid,
and said South line extended to the Westerly line of
River Road to the South; thence Southwesterly along said
Westerly line, to the North line of Interstate 290;
thence Easterly along said North line, to the West line
of property owned by the Forest Preserve; thence along
and then Northerly along the irregular West line of
property owned by the Forest Preserve and extended across
the Interstate 290 right-of-way, to the point of
beginning;
Plus,
The Northerly 90 feet of Lot 2 in Glen J. Nixon's
Subdivision of part of Lot 15 in Assessor's Division of
part of Section 3, Township 40 North, Range 12, East of
the Third Principal Meridian, according to the plat
thereof recorded March 1, 1966 as Document 19753046, in
Cook County, Illinois, (except therefrom that part used
for River Road), all in Cook County.
PLUS,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 3
TOWNSHIP 40 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE
EASTERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND
THE SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED
WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE OF MAPLE AVENUE (RECORDED AS BOCK
AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF GAGE STREET;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE
SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER
ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE
EXTENDED EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF
GLEN LAKE DRIVE (AS DEDICATED IN RIVER ROSE SUBDIVISION
PER DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW
CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY
RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN
SAID RIVER ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG
THE NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE
SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID
LOT 1; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF
SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF
SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER
ROSE STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER
DOCUMENT NUMBER 19352146), 34.3 FEET TO THE INTERSECTION
OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RIVER ROSE
STREET AND THE EASTERLY LINE OF SAID WILLOW CREEK DRIVE,
ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER
OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE
SOUTHWESTERLY TO THE INTERSECTION OF THE NORTHWESTERLY
CORNER OF LOT "B" IN SAID RIVER ROSE SUBDIVISION WITH THE
EAST LOT LINE OF LOT 8 IN BLOCK 1 IN HIGGINS ROAD
RANCHETTES SUBDIVISION PER DOCUMENT NUMBER 13820089;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 97.24
FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A
LINE WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE
NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS
ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF
(SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF AN
UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE POINT
OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
THE AFORESAID NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTHWEST
TOLL ROAD TO THE POINT OF BEGINNING;
AREA 1:
That part of the South West Quarter of Section 33,
Township 41 North, Range 12 East of the third Principal
Meridian, lying North of a line 575 feet north (measured
at 90 degrees) of the South line of said South West
Quarter, lying West of a line 451.45 feet East (measured
at 90 degrees) of the West line of said South West
Quarter and South of the center line of Higgins Road
(except parts taken or used for highway purposes,
including the land taken by condemnation in Case No. 65 L
8179 Circuit Court of Cook County, Illinois, described as
follows: That part of the South West Quarter of Section
33, Township 41 North, Range 12 East of the Third
Principal Meridian, bounded and described as follows:
Beginning at a point of intersection of the center line
of Higgins Road, as now located and established with the
West line of the South West Quarter of said Section 33;
thence South along said West line of the South West
Quarter of said Section, a distance of 560.2 feet to a
point in the North line of the South 575.0 feet of said
South West Quarter of said Section 33; thence East along
said North line of the South 575.0 feet of the South West
Quarter of said Section 33, a distance of 45.0 feet to a
point; thence Northeasterly in a straight line a distance
of 179.27 feet to a point, distance 50.0 feet East,
measured at right angles from the West line of the South
West Quarter of said Section 33; thence Northeasterly in
a straight line a distance of 187.38 feet to a point,
distant 62.0 feet East, measured at right angles from
said West line of the South West Quarter of said Section
33; thence North parallel with the said West line of the
South West Quarter of said Section 33 a distance of 44.74
feet to a point of curvature; thence Northeasterly along
a curved line, concave to the Southeast, having a radius
of 50.0 feet and a central angle of 107 degrees 28
minutes, a distance of 93.73 feet to a point of tangency,
distant 50.0 feet Southwest measured at right angles from
the center line of Higgins Road; thence Southeasterly
parallel with the center line of Higgins Road, a distance
of 345.09 feet to a point on a line distant, 16.0 feet
west of the east line of the west 467.34 feet of the
South West Quarter of said Section 33; thence North in a
straight line a distance of 58.71 feet to a point on said
center line of Higgins Road; thence Northwesterly along
said center line of Higgins Road a distance of 478.23
feet to the place of beginning) in Cook County, Illinois.
AREA 2:
That part of the South West 1/4 of Section 33,
Township 41 North, Range 12, East of the Third Principal
Meridian, lying West of the West Right of Way Line of the
Minneapolis, St. Paul and Sault Ste. Marie Railroad
(formerly the Chicago and Wisconsin Railroad) and South
of the center line of Higgins Road (except therefrom the
South 200 feet of the West 467.84 feet of said South West
1/4 and also excepting therefrom that part of said South
West 1/4 lying North of the North line of the South 575
feet of said South West 1/4 and West of a line 16 feet
West of and parallel with the West line of the Tract of
land described in a Deed dated May 22, 1929, and recorded
July 9, 1929, as Document Number 10422646 (the Tract
described in said Deed being the East 10 acres of that
part of the South West 1/4 of Section 33, Township 41
North, Range 12, East of the Third Principal Meridian,
lying South of the Center line of Higgins Road and West
of the West line extended North to the center of said
Higgins Road of the East 20.62 chains of the North West
1/4 of Section 4, Township 40 North, Range 12, East of
the Third Principal Meridian (excepting therefrom the
right of way of the Minneapolis, St. Paul and Sault Ste.
Marie Railroad, formerly the Chicago and Wisconsin
Railroad) and also excepting the South 50 feet of the
said South West 1/4 lying East of the West 467.84 feet
thereof) and also excepting that portion of the land
condemned for the widening of Higgins Road and Mannheim
Road in Case Number 65 L7109, in Cook County, Illinois.
AREA 3:
The North 150 feet of the South 200 feet of that
part of the South West 1/4 of Section 33, Township 41
North, Range 12 East of the Third Principal Meridian
(except the East 10 acres conveyed by George
Deamantopulas and others, to Krowka by Document 10422646)
lying South of the Center of Higgins Road (so called) and
West of the West line extended North to center of Higgins
Road of East 20.62 chains in the North West 1/4 of
Section 4, Township 40 North, Range 12 East of the Third
Principal Meridian (except the Right of Way of Chicago
and Wisconsin Railroad) in Cook County, Illinois.
AREA 4:
That part of the Southwest quarter of Section 33,
Township 41 North, Range 12 East of the Third Principal
Meridian, in Cook County, Illinois, described as follows:
Beginning at the intersection of the South line of
the Southwest quarter of Section 33 aforesaid with the
West line, extended South, of Lot 7 in Frederick H.
Bartlett's Higgins Road Farms, being a subdivision
recorded December 8, 1938 as Document 12246559; thence
North along the aforementioned West line of Lot 7, to the
center line of Higgins Road; thence Westerly along the
center line of Higgins Road, to the Westerly right-of-way
line of the Minneapolis, St. Paul and Sault Ste. Marie
Railroad; thence Southerly along said Westerly
right-of-way line, to the South line of the Southwest
quarter of Section 33 aforesaid; thence East along said
South line to the point of beginning.
Area 5
The North 195.00 feet of the west 365.67 feet of the
West 1/2 of the Northeast 1/4 of Section 4, Township 40
North, Range 12 East of the Third Principal Meridian.
And also
The north 50.00 feet of the East 1/2 of the
Northwest 1/4 of said Section 4 (except that part lying
westerly of the easterly right-of-way line of the
Wisconsin Central Railroad, formerly known as the
Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
east 40.00 feet of the north 195.00 feet except the north
50.00 feet thereof of said East 1/2, and all that part of
said East 1/2 described as follows: Beginning at the
northwest corner of Origer and Davis' Addition to
Rosemont, being a subdivision of part of said 1/4 Section
according to the plat thereof recorded May 27, 1963 as
Document Number 18807143, in Cook County, Illinois;
thence westerly along the northerly line of said
Subdivision extended westerly to said easterly Railroad
right-of-way line; thence northwesterly along said
right-of-way line to the southerly line of north 50.00
feet of said 1/4 Section; thence easterly along said
southerly line to the easterly right-of-way line of
Kirschoff Avenue; thence southerly along said
right-of-way line to its intersection with the southerly
line of Schullo's Resubdivision extended easterly, said
Resubdivision being a Resubdivision of part of said 1/4
section according to the plat thereof recorded June 17,
1960 as Document Number 17885160 in Cook County,
Illinois; thence westerly along said southerly line
extended and said southerly line to the southwest corner
of said Resubdivision; thence northwesterly along the
westerly line of said Resubdivision to the northwest
corner thereof; thence westerly along the northerly line
of said Resubdivision extended westerly to a line
parallel with and 40.00 feet easterly of the easterly
right-of-way line of said Railroad; thence northwesterly
along said parallel line to said point of beginning.
And also
That part of the Southwest 1/4 of Section 33,
Township 41 North, Range 12 East of the Third Principal
Meridian lying southerly of the centerline of Higgins
Road and easterly of a north line parallel to the south
line of said 1/4 Section, beginning 565.84 feet west of
the northeast corner of the Northwest 1/4 of Section 4,
Township 40 North, Range 12 East of the Third Principal
Meridian all in Cook County, Illinois.
That part of the Southwest quarter of Section 3, the
Southeast quarter of Section 4, the Northeast quarter of
Section 9, and the Northwest quarter of Section 10,
Township 40 North, Range 12 East of the Third Principal
Meridian, in the Village of Rosemont, Cook County,
Illinois, described as follows:
Beginning in the West half of the Northeast quarter
of Section 9 aforesaid, at the intersection of the South
line of 61st Street with the Easterly right of way line
of the Minneapolis, St. Paul and Sault Ste. Marie
Railroad right-of-way; thence East along the South line
of 61st Street and its Easterly extension, to the East
line of Pearl Street; thence North along the East line of
Pearl Street to the South line of 62nd Street; thence
East along the South line of 62nd Street to the Westerly
right-of-way line of the Illinois State Toll Road; thence
Southerly along the Westerly right-of-way line of the
Toll Road to a point on a Westerly extension of the South
line of Allen Avenue; thence East along said Westerly
extension, and along the South line of Allen Avenue to
the West line of Otto Avenue; thence South along the West
line of Otto Avenue to a point on a Westerly extension of
the North line of the South 30 feet of Lot 12 in First
Addition to B.L. Carlsen's Industrial Subdivision, being
a Resubdivision in the Northeast quarter of Section 9
aforesaid, according to the plat thereof recorded March
5, 1962 as Document 18416079; thence East along said
Westerly extension, and along the aforementioned North
line of the South 30 feet of Lot 12, to the East line of
Lot 12; thence North along the East line of Lot 12, being
also the East line of the Northeast quarter of Section 9,
to the North line of Owner's Division of parts of Lots 4
and 5 of Henry Hachmeister's Division, in the Northwest
quarter of Section 10, aforesaid, according to the plat
thereof recorded April 25, 1949 as Document 14539019;
thence East along the North line of said Owner's Division
to the West line of Lot 3 in said Owner's Division;
thence South along the West line of Lot 3 to the
Southwest corner thereof; thence East along the South
line of Lot 3 to the Northwest corner of Lot 4 in said
Owner's Division; thence South along the West line of Lot
4 to the Southwest corner thereof; thence East along the
South line of Lot 4, and said South line extended
Easterly, to the Easterly right of way line of River
Road; thence Northerly along the Easterly line of River
Road to the South line of Crossroads Industrial Park,
being a Subdivision in the Northwest quarter of Section
10 aforesaid, according to the plat thereof recorded
August 8, 1957 as Document 16980725; thence East along
the South line of said Crossroads Industrial Park to the
Southeast corner thereof; thence Northeasterly along the
Easterly line of said Crossroads Industrial Park, and
said Easterly line extended, to the North line of Bryn
Mawr Avenue, in the Southwest quarter of Section 3
aforesaid; thence Northerly along the Westerly line of
the Forest Preserve District of Cook County, to the
Southerly right-of-way line of the Kennedy Expressway,
thence west along and following the southerly
right-of-way line of the Kennedy Expressway to the
Easterly right-of-way line of the Minneapolis, St. Paul,
and Sault Ste. Marie Railroad right-of-way; thence
Southeasterly along said Easterly right-of-way line to
the point of beginning;
AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF
SECTION 9 AND THE NORTHWEST QUARTER OF SECTION 10,
TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN THE VILLAGE OF ROSEMONT, COOK COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER
OF SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH
LINE OF 61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE
OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD
RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST
STREET AND ITS EASTERLY EXTENSION, TO THE EAST LINE OF
PEARL STREET; THENCE NORTH ALONG THE EAST LINE OF PEARL
STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST
ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY
RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE
SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE
TOLL ROAD TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH
LINE OF ALLEN AVENUE; THENCE EAST ALONG SAID WESTERLY
EXTENSION, AND ALONG THE SOUTH LINE OF ALLEN AVENUE TO
THE WEST LINE OF OTTO AVENUE; THENCE SOUTH ALONG THE WEST
LINE OF OTTO AVENUE TO A POINT ON A WESTERLY EXTENSION
OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT 12 IN FIRST
ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION, BEING
A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 9
AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH
5, 1962 AS DOCUMENT 18416079; THENCE EAST ALONG SAID
WESTERLY EXTENSION, AND ALONG THE AFOREMENTIONED NORTH
LINE OF THE SOUTH 30 FEET OF LOT 12, TO THE EAST LINE OF
LOT 12; THENCE NORTH ALONG THE EAST LINE OF LOT 12, BEING
ALSO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9,
TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF LOTS 4
AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST
QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 25, 1949 AS DOCUMENT 14539019;
THENCE EAST ALONG THE NORTH LINE OF SAID OWNER'S DIVISION
TO THE WEST LINE OF LOT 3 IN SAID OWNER'S DIVISION;
THENCE SOUTH ALONG THE WEST LINE OF LOT 3 TO THE
SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH
LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID
OWNER'S SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF
LOT 4 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG
THE SOUTH LINE OF LOT 4, AND SAID SOUTH LINE EXTENDED
EASTERLY, TO THE EASTERLY RIGHT-OF-WAY LINE OF RIVER
ROAD; THENCE SOUTHEASTERLY ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING
198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
LOT 5 EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION
PER DOCUMENT NUMBER 4183101; THENCE WESTERLY, ALONG A
LINE WHICH IS 198.00 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION,
TO THE NORTHWEST CORNER OF LOT 6 IN B.L. CARLSEN'S
INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER 1925132;
THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER OF
A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID
POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION;
THENCE WESTERLY ALONG A LINE, 293.73 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET TO
THE NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT
T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST
LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO
THE SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER
DOCUMENT T2257298; THENCE WESTERLY ALONG THE SOUTH LINE
AND THE SOUTH LINE EXTENDED WESTERLY OF SAID PARCEL, 233
FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF
MICHIGAN AVENUE RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID
WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE
NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD.
TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID
POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60TH
STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY
LINE OF 60TH STREET TO A POINT OF INTERSECTION WITH THE
EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID MINNEAPOLIS,
ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY; THENCE
NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING.
(Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99;
revised 8-17-99.)
(735 ILCS 5/7-103.71 new)
Sec. 7-103.71. Quick-take; Village of Franklin Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after December 1, 1998, by the Village of
Franklin Park, for the redevelopment of blighted areas, for
the acquisition of property within the area legally described
as:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO.
2 (SAID CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF
MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST LINE OF SAID
TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST,
PARALLEL WITH THE NORTH LINE OF SAID TRACT NO. 2, A
DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL WITH THE
EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET
TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE
BEING 50.0 FEET NORTHERLY OF THE CENTERLINE OF GRAND
AVENUE); THENCE WESTERLY ALONG SAID LINE, 672.75 FEET;
THENCE NORTH ALONG A LINE THAT IS 227.30 FEET EAST OF (AS
MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE EAST LINE
OF MIKE LATORIA SR. INDUSTRIAL SUBDIVISION, 429.87 FEET
TO THE NORTH LINE OF SAID TRACT NO. 2; THENCE EAST ALONG
SAID NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING,
IN OWNER'S DIVISION OF THAT PART OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE
12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT
10456788 AND FILED IN THE REGISTRAR'S OFFICE ON AUGUST
23, 1929 AS DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.72 new)
Sec. 7-103.72. Quick-take; Village of Franklin Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after December 1, 1998, by the Village of
Franklin Park, for the redevelopment of blighted areas, for
the acquisition of the property legally described as:
Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the
Salerno-Kaufman Subdivision of part of Tract No. 1 in
Owner's Division of part of the East 1/2, Northeast 1/4,
Section 29, Township 40, Range 12, East of the Third
Principal Meridian, in Cook County, Illinois; and
That part of the South 117.64 feet of tract number 1
lying East of a line 235 feet West of and parallel with
West line of Mannheim Road in Owner's Division of part of
the East half of the Northeast quarter of Section 29,
Township 40 North, Range 12, East of the Third Principal
Meridian, according to the Plat thereof recorded August
16, 1929 as Document number 10456788, in Cook County,
Illinois.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.73 new)
Sec. 7-103.73. Quick-take; City of Taylorville.
Quick-take proceedings under Section 7-103 may be used for a
period of 2 years following July 30, 1999, by the City of
Taylorville for the acquisition of land used for the
construction of the second silt dam on Lake Taylorville; the
project area is limited to the townships of Greenwood,
Johnson, and Locust in southern Christian County.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.74 new)
Sec. 7-103.74. Quick-take; City of Effingham.
Quick-take proceedings under Section 7-103 may be used for a
period of 6 months following July 30, 1999 by the City of
Effingham for the acquisition of all the right of way needed
for the subject project starting at Wernsing Avenue and
running northerly to Fayette Avenue, including the right of
way for a structure over the CSX rail line and U.S. Route 40.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.75 new)
Sec. 7-103.75. Quick-take; City of Effingham.
Quick-take proceedings under Section 7-103 may be used for a
period of one year following July 30, 1999 by the City of
Effingham for the acquisition of property for the
construction of South Raney Street Project Phase II,
including a grade separation over Conrail and U. S. Route 40
in the City of Effingham, from the intersection of South
Raney Street and West Wernsing Avenue northerly to the
intersection of South Raney Street and West Fayette Avenue.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.76 new)
Sec. 7-103.76. Quick-take; Village of Lincolnshire.
Quick-take proceedings under Section 7-103 may be used for a
period of 2 years following July 30, 1999, by the Village of
Lincolnshire, for the purpose of redevelopment within the
downtown area, for the acquisition of property within that
area legally described as follows:
THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST
LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 2297085
AND THE NORTHERLY LINE OF HALF DAY ROAD; THENCE
NORTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID HALF DAY
ROAD TO THE INTERSECTION WITH THE WEST LINE OF STATE
ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE
NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO
THE NORTH LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST
QUARTER OF THE AFORESAID SECTION 15; THENCE EAST ALONG
THE SAID NORTH LINE OF THE SOUTH 452.20 FEET TO THE EAST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE
SOUTH ALONG THE SAID EAST LINE TO THE SOUTHEAST CORNER OF
THE NORTHEAST QUARTER THEREOF; THENCE WEST ALONG THE
SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST LINE
OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER
263584; THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE
OF CEMETERY TO THE NORTH EAST CORNER THEREOF; THENCE WEST
297.00 FEET ALONG THE NORTH LINE OF THE AFORESAID
CEMETERY, SAID LINE IS THE MOST NORTHERLY LINE OF
CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST LINE OF
AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE SOUTH
ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID
CEMETERY TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST
CORNER IS 296.61 FEET SOUTH OF THE SOUTH LINE OF CEMETERY
ROAD AS OCCUPIED; THENCE EAST ALONG THE SOUTH LINE OF
VERNON CEMETERY TO THE SOUTH EAST CORNER THEREOF, SAID
SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST LINE OF
PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE
SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF
DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A
POINT IN THE WEST LINE (EXTENDED) OF INDIAN CREEK
SUBDIVISION (RECORDED AS DOCUMENT NUMBER 2084U19); THENCE
SOUTH ALONG THE WEST LINE AND AN EXTENSION THEREOF OF
INDIAN CREEK CONDOMINIUM SUBDIVISION TO THE SOUTHWEST
CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE
OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO
THE MOST SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION
SAID POINT BEING IN THE NORTH LINE OF RELOCATED ILLINOIS
STATE ROUTE 22; THENCE NORTHEASTERLY ALONG A SOUTH LINE
OF INDIAN CREEK CONDOMINIUM SUBDIVISION 209.56 FEET, SAID
LINE BEING ALSO THE NORTH LINE OF RELOCATED ILLINOIS
STATE ROUTE 22, TO THE SOUTHEAST CORNER OF INDIAN CREEK
CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST LINE
OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO
THE NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE
NORTH LINE OF HALF DAY ROAD TO THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 15 AFORESAID;
THENCE SOUTHERLY ALONG AN EASTERLY LINE OF THE HAMILTON
PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION
22 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 22 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES
00 MINUTES 00 SECONDS EAST FOR THIS LEGAL DESCRIPTION);
THENCE SOUTH 13 DEGREES 57 MINUTES 09 SECONDS WEST,
519.43 FEET TO A POINT DESCRIBED AS BEARING NORTH 51
DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A
POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 22 AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID
EAST LINE, SOUTH OF THE NORTHEAST CORNER OF SAID
NORTHEAST QUARTER; THENCE SOUTH 05 DEGREES 08 MINUTES 04
SECONDS EAST, 232.01 FEET TO THE MOST NORTHERLY NORTHEAST
CORNER OF MARIOTT DRIVE, ACCORDING TO THE PLAT OF
DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE
SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH
42 DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE
NORTHWESTERLY LINE OF SAID MARIOTT DRIVE, 40.70 FEET
(RECORD 40.73 FEET) TO AN ANGLE POINT IN THE NORTH LINE
OF SAID MARIOTT DRIVE; THENCE SOUTH PERPENDICULAR TO
AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE SOUTH LINE
THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT
DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH
LINE OF MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF
WHICH IS THE EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN
CREEK RESUBDIVISION; THENCE NORTH PERPENDICULAR TO
MARIOTT DRIVE TO THE AFOREMENTIONED POINT ON THE NORTH
LINE; THENCE NORTHWESTERLY ON THE EASTERLY LINE &
EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE
NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH
LINE OF LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE
SOUTHWESTERLY PERPENDICULAR TO ILLINOIS ROUTE 21
(MILWAUKEE AVENUE DEDICATED BY DOCUMENT NUMBER 2129168)
TO THE WEST LINE THEREOF; THENCE NORTH ALONG THE WEST
LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE NORTHEAST
CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;
THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED
LOT 1, 218.50 FEET TO A JOG IN THE NORTH LINE THEREOF;
THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID LOT 1,
20.22 FEET TO A JOG IN THE NORTH LINE; THENCE WEST ALONG
THE NORTH LINE OF LOT 1 AFORESAID 150.42 FEET TO THE
NORTHWEST CORNER OF THEREOF; THENCE SOUTH 205.94 FEET
ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG IN
THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF
LOT 1 TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE
SOUTH 91.22 FEET ALONG THE WEST LINE LOT 1 TO THE
SOUTHWEST CORNER LOT 1 AFOREMENTIONED; THENCE SOUTHERLY
RADIAL TO RELOCATED ILLINOIS STATE ROUTE 22 TO THE SOUTH
LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF
RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT
PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE
OLD HALF DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41
FEET ALONG A WEST LINE OF AFORESAID SCHOOL PARCEL TO A
CORNER THEREOF; THENCE NORTHEASTERLY 169.30 FEET ALONG A
NORTHERLY LINE OF AFORESAID SCHOOL PARCEL TO A CORNER
THEREOF; THENCE NORTHWESTERLY 242.80 FEET ALONG A WEST
LINE TO THE CENTER LINE OF HALF DAY ROAD; THENCE
NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE
NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG
THE NORTH LINE OF HALF DAY ROAD TO A POINT SAID POINT IS
A BEND IN THE WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT
NUMBER 2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG
THE WEST LINE AFOREMENTIONED TO THE NORTHWEST CORNER
THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO THE
NORTHEAST CORNER OF THE SAID PROPERTY; THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE OF AFORESAID
PROPERTY TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN
DOCUMENT NUMBER 2297085; THENCE EAST 2.27 CHAINS ALONG
THE NORTH LINE OF AFOREMENTIONED PROPERTY TO THE
NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST
LINE OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF
BEGINNING, (EXCEPT THEREFROM THE TRACT OF LAND AS
DESCRIBED BY DOCUMENT NUMBER 1141157 AND MILWAUKEE AVE.
ADJACENT THERETO) ALL IN LAKE COUNTY, ILLINOIS.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.77 new)
Sec. 7-103.77. Quick-take; City of Marion. Quick-take
proceedings under Section 7-103 may be used for a period of
18 months after July 30, 1999, by the City of Marion for the
acquisition of property and temporary construction easements
bounded by the following lines for improvement of the
Pentecost Road project:
A variable width strip of land lying parallel with and
contiguous to the existing east and west Right-of-Way
lines of Pentecost Road in the following quarter-quarter
section:
the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17;
NW1/4 SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/4
SE1/4, Section 17; and the SE1/4 SE1/4, Section 17, all
located in Township 9 South, Range 2 East of the Third
Principal Meridian; Williamson County, Illinois.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.78 new)
Sec. 7-103.78. Quick-take; City of Geneva. Quick-take
proceedings under Section 7-103 may be used for a period of 6
months following July 30, 1999, by the City of Geneva, for
the Prairie and Wetland Restoration Project, for the
acquisition of property described as follows:
PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE
COUNTY, ILLINOIS.
PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST
FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP
OF GENEVA, KANE COUNTY, ILLINOIS.
PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE
FOLLOWING TRACT: (A STRIP OF LAND 60 FEET IN WIDTH
EXTENDING OVER AND ACROSS THE SOUTH EAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND
BEING THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES
W. PEMBLETON AND WIFE TO THE CHICAGO AND NORTH WESTERN
RAILWAY COMPANY (NOW THE CHICAGO AND NORTH WESTERN
TRANSPORTATION COMPANY) BY WARRANTY DEED DATED JUNE 29,
1903 AND RECORDED AS DOCUMENT 64790 IN BOOK 430 ON PAGE
337 IN THE OFFICE OF THE REGISTRAR OF DEEDS FOR KANE
COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE
COUNTY, ILLINOIS.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.79 new)
Sec. 7-103.79. Quick-take; City of Arcola. Quick-take
proceedings under Section 7-103 may be used for a period of 2
years after July 30, 1999, by the City of Arcola for the
purpose of acquiring property in connection with a project to
widen Illinois Route 133 east of Interstate 57.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.80 new)
Sec. 7-103.80. Quick-take; County of Lake. Quick-take
proceedings under Section 7-103 may be used for a period of
24 months after July 30, 1999, by the County of Lake, for the
acquisition of necessary right-of-way to complete the
improvement of the intersection of County Highway 47 (9th
Street) and County Highway 27 (Lewis Avenue).
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.81 new)
Sec. 7-103.81. Quick-take; County of Lake. Quick-take
proceedings under Section 7-103 may be used for a period of
24 months after July 30, 1999, by the County of Lake, for the
acquisition of necessary right-of-way to complete the
improvement of the various intersections and roadways
involved in the project to improve County Highway 70 (Hawley
Street), County Highway 26 (Gilmer Road), and County Highway
62 (Fremont Center Road) at and near Illinois Route 176.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.82 new)
Sec. 7-103.82. Quick-take; County of Winnebago.
Quick-take proceedings under Section 7-103 may be used for a
period of 30 months after July 30, 1999, by the County of
Winnebago to allow for the acquisition of right-of-way for
the construction of the Harrison Avenue Extension project
from Montague Road to West State Street lying within Section
20, the east 1/2 of Section 29, and the northeast 1/4 of
Section 32, Township 44W, Range 1 East of the 3rd Principal
Meridian, in Winnebago County.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.83 new)
Sec. 7-103.83. Quick-take; Village of Schiller Park.
Quick-take proceedings under Section 7-103 may be used for a
period of 2 years after July 30, 1999, by the Village of
Schiller Park, for the acquisition of the following described
property for purposes of redevelopment of blighted areas:
The following parcel of property lying within the East
Half of the Southeast Quarter of Section 17, Township 40
North, Range 12 East of the Third Principal Meridian and
the N East Half of the Southwest Quarter of Section 16,
Township 40 North, Range 12 East of the Third Principal
Meridian all in Cook County, Illinois:
Commencing at the intersection of the center line of
Irving Park Road with the west line of Mannheim Road;
thence, southwesterly along the westerly line of Mannheim
Road to its intersection with the south line of Belle
Plaine Avenue, as extended from the east; thence,
easterly along the south line of Belle Plaine Avenue to
its intersection with the west line, as extended from the
North, of Lot 7 in the Subdivision of the West Half of
the Southwest Quarter of Section 16, Township 40 North,
Range 12 East of the Third Principal Meridian (except
that part lying Northerly of Irving Park Road), recorded
April 14, 1921 as document no. 7112572; thence, northerly
along the west line, as extended from the north, of Lot 7
of the aforecited Subdivision to its intersection with
the north line of Belle Plaine Avenue; thence,
northeasterly along the northwesterly line of the
property acquired by The Illinois State Toll Highway
Authority to its intersection with the east line of Lot 7
of the aforecited Subdivision; thence, northerly along
the east line of Lot 7 of the aforecited Subdivision to
its intersection with the south line of Lot 2 in the
aforecited Subdivision; thence, westerly along the south
line of Lot 2 of the aforecited Subdivision to its
intersection with the west line of Lot 2 of the
aforecited Subdivision; thence, northerly along the west
line of Lot 2 of the aforecited Subdivision and the
extension of the west line of Lot 2 to its intersection
with the center line of Irving Park Road; thence,
westerly along the center line of Irving Park Road to the
point of beginning.
Notwithstanding the property description contained in
this Section, the Village of Schiller Park may not acquire,
under the authority of this Section, any property that is
owned by any other unit of local government.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.84 new)
Sec. 7-103.84. Quick-take; City of Springfield.
Quick-take proceedings under Section 7-103 may be used for a
period of 2 years after July 30, 1999, by the City of
Springfield, for the acquisition of (i) the property located
in the City of Springfield and bounded on the north by Mason
Street, on the west by Fifth Street, on the south by
Jefferson Street, and on the east by Sixth Street and (ii)
the property located in the City of Springfield and bounded
on the north by Madison Street, on the west by Sixth Street,
on the south by Washington Street, and on the east by Seventh
Street, for the Abraham Lincoln Presidential Library.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.85 new)
Sec. 7-103.85. Quick-take; McLean County. Quick-take
proceedings under Section 7-103 may be used for a period of
24 months after July 30, 1999, by McLean County, for the
acquisition of property necessary for the purpose of
construction with respect to the Towanda-Barnes Road from
Route 150 to Ft. Jesse Road.
(Source: P.A. 91-367, eff. 7-30-99; revised 10-24-00.)
(735 ILCS 5/7-103.86 new)
Sec. 7-103.86. Quick-take; Pike County. Quick-take
proceedings under Section 7-103 may be used for a period of
12 months after July 30, 1999, by Pike County, for the
acquisition of property necessary for the purpose of
construction with respect to F.A.S. 1591, commonly known as
Martinsburg Road, from one mile north of Martinsburg to 0.25
mile north of Martinsburg.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.87 new)
Sec. 7-103.87. Quick-take; Fox Metro Water Reclamation
District. Quick-take proceedings under Section 7-103 may be
used for a period of 12 months after July 30, 1999, by the
Fox Metro Water Reclamation District, for the acquisition of
the following described property for the purpose of extending
the collector system and construction of facilities for
treatment of effluent:
THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF
STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 01
MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FOR
THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 01
MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET;
THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL
WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO
THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 19
DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF
LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 39
MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3,
70.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 36
MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF
SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE
NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL
LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE
TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL
QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 6,
1363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES
EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER;
THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING;
THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 16
MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET;
THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET
TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE
SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE
DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE
POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 36
MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
ALSO:
PARCEL ONE:
LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO,
KENDALL COUNTY, ILLINOIS.
PARCEL TWO:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING
AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE
ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES
EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE
SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE
POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT
ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET;
THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE
CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY
ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 82
DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING;
THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT
OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL
COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF
SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE
CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A
LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM
A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT
IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM
THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD
OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE
SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWEST
CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG
THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY
PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF
THE NORTH LINE OF PREMISES CONVEYED TO THE
COMMONWEALTH EDISON COMPANY BY WARRANTY DEED
RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO
EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT
THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 5
WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31;
THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID
CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 30
MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST
DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES
30 MINUTES EAST TO THE CENTER THREAD OF THE FOX
RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO
A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM
THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30
MINUTES WEST TO THE POINT OF BEGINNING), IN THE
TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.88 new)
Sec. 7-103.88. Quick-take; St. Clair County. Quick-take
proceedings under Section 7-103 may be used for a period of
12 months after July 30, 1999, by St. Clair County, for the
acquisition of property necessary for the purpose of the
following county road improvements in the City of O'Fallon
and the Village of Shiloh: Section 95-00301-02-PV, Hartman
Lane to Shiloh-O'Fallon Road, 2.45 miles of concrete
pavement, 24 feet wide, 10-foot shoulders, a 95-foot
single-span bridge, earthwork, and traffic signals.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.89 new)
Sec. 7-103.89. Quick-take; St. Clair County. Quick-take
proceedings under Section 7-103 may be used for a period of
12 months after July 30, 1999, by St. Clair County, for the
acquisition of property necessary for the purpose of the
following county road improvements in the City of Fairview
Heights: Section 97-00301-04-PV, Metro-Link Station to
Illinois Route 159, 2.04 miles of concrete pavement, 24 feet
wide, 10-foot shoulders, earthwork, and traffic signals.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.90 new)
Sec. 7-103.90. Quick-take; St. Clair County. Quick-take
proceedings under Section 7-103 may be used for a period of
12 months after July 30, 1999, by St. Clair County, for the
acquisition of property necessary for the purpose of the
following county road improvements in the City of O'Fallon:
Section 97-03080-05-PV, Jennifer Court to Station 122+50,
1.52 miles of concrete pavement, 24 to 40 feet wide, 10-foot
shoulders, earthwork, storm sewers, curbs, and gutters.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.91 new)
Sec. 7-103.91. Quick-take; Madison County. Quick-take
proceedings under Section 7-103 may be used for a period of
12 months after July 30, 1999, by Madison County, for the
acquisition of property necessary for the purpose of
approximately 2.4 miles of roadwork commencing at the
intersection of Illinois Route 143 northerly over, adjacent
to, and near the location of County Highway 19 (locally known
as Birch Drive) to the intersection of Buchts Road,
traversing through land sections 19, 20, 29, 30, and 31 of
Ft. Russell Township, the work to consist of excavation, fill
placement, concrete structures, and an aggregate and
bituminous base with bituminous binder and surfacing.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.92 new)
Sec. 7-103.92. Quick-take; Lake County. Quick-take
proceedings under Section 7-103 may be used for a period of 2
years after July 30, 1999, by Lake County, for the
acquisition of property necessary for the purpose of
improving County Highway 70 (Hawley Street) from Chevy Chase
Road to County Highway 26 (Gilmer Road).
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.93 new)
Sec. 7-103.93. Quick-take; Kendall County. Quick-take
proceedings under Section 7-103 may be used for a period of
12 months after July 30, 1999, by Kendall County, for the
acquisition of the following described property for the
purpose of road construction or improvements, including
construction of a bridge and related improvements:
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
71; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST,
1,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND
THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY
LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 53
MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF
THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 18
SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE
SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO
THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET
ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE
CHORD BEARS SOUTH 81 DEGREES 25 MINUTES 34 SECONDS WEST,
194.69 FEET TO THE POINT OF BEGINNING.
AND:
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
71 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 53
MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE
OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 36
SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY
LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 09
MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 74
DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE
NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET;
THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.62
FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST,
46.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS
WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD;
THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.48
FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED
NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE
BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY,
222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE
RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 59
SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 43
MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY,
237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT
WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDS
EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 42
SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 31
MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 72
DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE
SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET
TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE
71; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST,
350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF
ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 24
SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOIS
ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS
WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF
BEGINNING.
AND:
THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE
C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING
NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET
ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID
LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG
SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 71
FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 01
MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER
LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58
MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 64
DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE
SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET;
THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.09
FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT
RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 12
DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE
SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.52
FEET; THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT
RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 11
DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE
SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET;
THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.98
FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG
SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47
SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET
ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.46
FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST,
64.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS
WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36
SECONDS WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER
ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST,
73.38 FEET ALONG SAID CENTER LINE TO THE POINT OF
BEGINNING.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.94 new)
Sec. 7-103.94. Quick-take; DU-COMM at Cloverdale,
Illinois. Quick-take proceedings under Section 7-103 may be
used for a period of 2 years after July 30, 1999, by DuPage
Public Safety Communications (DU-COMM), a unit of
intergovernmental cooperation, for the acquisition of
property including land, buildings, towers, fixtures, and
other improvements located at Cloverdale, Illinois and
described as follows:
A tract or parcel of land situated in the Southeast
Quarter (SE 1/4) of Section Twenty-one (21), Township
Forty (40) North, Range Ten (10) East of the Third
Principal Meridian, more particularly described as
follows:
Commencing at the Southwest corner of the
Southeast Quarter (SE 1/4) of said Section
Twenty-one (21), measure North, along the West line
of the Southeast Quarter (SE 1/4) of said Section
Twenty-one (21) 1287.35 feet, then East at right
angles to the said West line of the Southeast
Quarter (SE 1/4) of said Section Twenty-one (21),
292.57 feet to the point of beginning;
Thence East along the last described course
208.71 feet, thence South at right angles to the
last described course 208.71 feet, thence West at
right angles to the last described course 208.71
feet, thence North in a direct line 208.71 feet to
the point of beginning; also
A right of way and easement thirty-three (33) feet
in width for the construction, maintenance, and use of
(a) a roadway suitable for vehicular traffic, and (b)
such aerial or underground electric power and
communication lines as said Company may from time to time
desire, consisting of poles, wires, cables, conduits,
guys, anchors, and other fixtures and appurtenances, the
center line of which right of way and easement is
described as follows:
Commencing at a point on the West line of the
tract or parcel of land above described, distant
Southerly 16.5 feet from the Northwest corner of
said tract or parcel, thence Westerly at right
angles to the West line of the Southeast Quarter (SE
1/4) of said Section Twenty-one (21), 293 feet more
or less to the public road situated on the West line
of the Southeast Quarter (SE 1/4) of said Section
Twenty-one (21), Township and Range aforesaid.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.95 new)
Sec. 7-103.95. Quick-take; City of Crest Hill.
Quick-take proceedings under Section 7-103 may be used for a
period of 3 years after July 30, 1999, (in the case of the
permanent easements described in items (A) and (C)), by the
City of Crest Hill, for acquisition of the following
easements:
(A) Permanent easement for the purposes of
installation, maintenance, and use of water or sewer, or
both water and sewer, lines in, along, through, and under
the following legally described property:
The East 70 feet of the North half of the North half
of the Southeast Quarter of Section 30, Township 36
North, and in Range 10, East of the Third Principal
Meridian (Except therefrom the North 12 Rods of the East
13 1/2 Rods thereof, and also except the South 99 feet of
the East 440 feet thereof), in Will County, Illinois.
(B) Temporary easement for purposes of initial
construction of the water or sewer, or both water and
sewer, lines in, along, through, and under the permanent
easement described in item (A). The temporary easement
herein shall arise on September 1, 1999 and shall cease
on August 31, 2001 and is legally described as follows:
The East 100 feet of the North half of the North
half of the Southeast Quarter of Section 30, Township 36
North, and in Range 10, East of the Third Principal
Meridian (Except therefrom the North 12 Rods of the East
13 1/2 Rods thereof, and also except the South 99 feet of
the East 440 feet thereof), in Will County, Illinois.
(C) Permanent easement for the purposes of
installation, maintenance, and use of water or sewer, or
both water and sewer, lines in, along, through, and under
the following legally described property:
The East 70 feet of the West 120 feet of the South
half of the Southeast Quarter of Section 30, in township
36 North, and in Range 10 East of the Third Principal
Meridian, in Will County, Illinois, excepting therefrom
the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of
the Elgin, Joliet and Eastern Railway Company, in Will
County, Illinois.
Exception 2: The West 200 feet of said South half,
in Will County, Illinois.
Exception 3: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and
in Range 10 East of the Third Principal Meridian,
described as follows: Beginning at a point 250 feet East
of the West line of said South half of the Southeast
Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a
line 250 feet East of and parallel with the West line of
said Southeast Quarter a distance of 1004.55 feet to a
point; thence Northwesterly along a diagonal line 65.85
feet to its intersection with a line drawn 200 feet East
of and parallel to the West line of said Southeast
Quarter, said point also being 100.75 feet South of the
North line of the South half of said Southeast Quarter,
as measured along said parallel line; thence South along
the last described parallel line a distance of 1045.02
feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning,
in Will County, Illinois.
Exception 4: Beginning at the Southeast corner of
the Southeast Quarter of Section 30, Township 36 North,
and in Range 10 East of the Third Principal Meridian,
thence Northerly along the East line of said Section for
a distance of 346.5 feet; thence Westerly along a line
346.5 feet distant from and parallel with the South line
of said Section for a distance of 297 feet; thence
Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of
346.5 feet to a point, said point being on the South line
of said Section; thence Easterly along said South line of
said Section 297 feet to the point of beginning, in Will
County, Illinois.
Exception 5: That part dedicated for highway
purposes in instrument recorded January 28, 1986 as
Document No. R86-03205 described as follows: That part of
the South half of the Southeast Quarter of Section 30,
Township 36 North, and in Range 10 East of the Third
Principal Meridian bounded and described as follows:
Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and
Eastern Railway Company with the South line of said
Southeast Quarter, thence on an assumed bearing of North
90.00 degrees 00 minutes 00 seconds East along said South
line a distance of 288.02 feet; thence North 00 degrees
00 minutes 00 seconds East a distance of 33.0 feet;
thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way
line of said railway company; thence South 49 degrees 15
minutes 53 seconds East along said Northeasterly
right-of-way line, a distance of 84.28 feet to the point
of beginning, in Will County, Illinois.
Exception 6: The North 850 feet of the East 1025
feet of the South half of the Southeast Quarter of
Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, in Will County, Illinois.
(D) Temporary easement for purposes of initial
construction of the water or sewer, or both water and
sewer, lines in, along, through, and under the permanent
easement described in item (C). The temporary easement
herein shall arise on September 1, 1999 and shall cease
on August 31, 2001 and is legally described as follows:
The East 100 feet of the West 150 feet of the South
half of the Southeast Quarter of Section 30, in Township
36 North, and in Range 10 East of the Third Principal
Meridian, in Will County, Illinois, excepting therefrom
the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of
the Elgin, Joliet and Eastern Railway Company, in Will
County, Illinois.
Exception 2: The West 200 feet of said South half,
in Will County, Illinois.
Exception 3: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and
in Range 10 East of the Third Principal Meridian,
described as follows: Beginning at a point 250 feet East
of the West line of said South half of the Southeast
Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a
line 250 feet East of and parallel with the West line of
said southeast Quarter a distance of 1004.55 feet to a
point; thence Northwesterly along a diagonal line 65.85
feet to its intersection with a line drawn 200 feet East
of and parallel to the West line of said Southeast
Quarter, said point also being 100.75 feet South of the
North line of the South half of said Southeast Quarter,
as measured along said parallel line; thence South along
the last described parallel line a distance of 1045.02
feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning,
in Will County, Illinois.
Exception 4: Beginning at the Southeast corner of
the Southeast Quarter of Section 30, Township 36 North,
and in Range 10 East of the Third Principal Meridian,
thence Northerly along the East line of said Section for
a distance of 346.5 feet; thence Westerly along a line
346.5 feet distant from and parallel with the South line
of said Section for a distance of 297 feet; thence
Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of
346.5 feet to a point, said point being on the South line
of said Section; thence Easterly along said South line of
said Section 297 feet to the point of beginning, in Will
County, Illinois.
Exception 5: That part dedicated for highway
purposes in instrument recorded January 28, 1986 as
Document No. R86-03205 described as follows: That part of
the South half of the Southeast Quarter of Section 30,
Township 36 North, and in Range 10 East of the Third
Principal Meridian bounded and described as follows:
Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and
Eastern Railway Company with the South line of said
Southeast Quarter; thence on an assumed bearing of North
90.00 degrees 00 minutes 00 seconds East along said South
line a distance of 288.02 feet; thence North 00 degrees
00 minutes 00 seconds East a distance of 33.0 feet;
thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way
line of said railway company; thence South 49 degrees 15
minutes 53 seconds East along said Northeasterly
right-of-way line, a distance of 84.28 feet to the point
of beginning, in Will County, Illinois.
Exception 6: The North 850 feet of the East 1025
feet of the South half of the Southeast Quarter of
Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, in Will County, Illinois.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
(735 ILCS 5/7-103.96 new)
Sec. 7-103.96. Quick-take; Village of Palatine.
Quick-take proceedings under Section 7-103 may be used for a
period of 4 years after July 30, 1999, by the Village of
Palatine, for the acquisition of the following described
property for the purpose of revitalizing the downtown
business area:
Lots 1 through 3 in Block D of the Subdivision of the
North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22,
Township 42, Range 10 East of the Third Principal Meridian,
in Cook County, IL;
Property bounded by Bothwell Street, Railroad
right-of-way, Plum Grove Road and Chicago Avenue in the
Village of Palatine;
Lots 1 through 8 in Block K, of the Town of Palatine, a
subdivision of the West 16 2/3 acres of the South 31 acres of
the West 1/2 of the Southwest 1/4 of Section 14 and the
Southeast 24.12 acres of the South 31 acres of the East 1/2
of the Southeast 1/4 of Section 15, Township 42 North, Range
10, East of the Third Principal Meridian, Ante-Fire,
Re-recorded April 10, 1877 as Document 129579, in Cook
County, Illinois;
Property bounded by Wilson Street, Plum Grove Road, Slade
Street, Railroad right-of-way and Bothwell Street in the
Village of Palatine;
Lots 1 through 8 in Block 8 of the Subdivision of part of
the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on
April 10, 1877 as Document Number 129579;
Lots 20 and 21 and the West 71.25 feet of Lot 24 of
Arthur T. McIntosh and Company's Palatine Farms, being a
subdivision of Section 16, Township 42, Range 10 East of the
Third Principal Meridian, in Cook County, IL, recorded on
June 16, 1919;
Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of
Section 15, Township 42, Range 10 East of the Third
Principal Meridian, in Cook County, IL;
Property bounded by Colfax Street, Smith Street and
Millin's Subdivision of the SE 1/4 of Section 15, Township
42, Range 10 East of the Third Principal Meridian, in Cook
County, IL;
Property bounded by Wood Street, Brockway Street and
Railroad right-of-way in the Village of Palatine;
Lots 45 through 50 and 58 through 64 of Arthur T.
McIntosh and Company's Palatine Farms, being a subdivision of
Section 16, Township 42, Range 10 East of the Third Principal
Meridian, in Cook County, IL, recorded on June 16, 1919; and
Property bounded by Railroad right-of-way, Brockway Street
and Slade Street in the Village of Palatine.
(Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
Section 96. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505, 505.2,
505.3, 705, 709, and 713 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse, a proceeding for modification of a
previous order for child support under Section 510 of this
Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a
duty of support to a child of the marriage to pay an amount
reasonable and necessary for his support, without regard to
marital misconduct. The duty of support owed to a minor
child includes the obligation to provide for the reasonable
and necessary physical, mental and emotional health needs of
the child.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each
case unless the court makes a finding that application of
the guidelines would be inappropriate, after considering
the best interests of the child in light of evidence
including but not limited to one or more of the following
relevant factors:
(a) the financial resources and needs of the
child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would
have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of
the child, and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the
court's finding shall state the amount of support that
would have been required under the guidelines, if
determinable. The court shall include the reason or
reasons for the variance from the guidelines.
(3) "Net income" is defined as the total of all
income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions
required by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums;
(g) Prior obligations of support or
maintenance actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net
income in determining the minimum amount of support
to be ordered only for the period that such payments
are due and shall enter an order containing
provisions for its self-executing modification upon
termination of such payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that
insurance, or that portion of the premiums for which the
supporting party is responsible in the case of insurance
provided through an employer's health insurance plan
where the employer pays a portion of the premiums, shall
be subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked
personal jurisdiction over the absent spouse, and in
which the court is requiring payment of support for the
period before the date an order for current support is
entered, there is a rebuttable presumption that the
supporting party's net income for the prior period was
the same as his or her net income at the time the order
for current support is entered.
(5) If the net income cannot be determined because
of default or any other reason, the court shall order
support in an amount considered reasonable in the
particular case. The final order in all cases shall
state the support level in dollar amounts. However, if
the court finds that the child support amount cannot be
expressed exclusively as a dollar amount because all or a
portion of the payor's net income is uncertain as to
source, time of payment, or amount, the court may order a
percentage amount of support in addition to a specific
dollar amount and enter such other orders as may be
necessary to determine and enforce, on a timely basis,
the applicable support ordered.
(6) If (i) the non-custodial parent was properly
served with a request for discovery of financial
information relating to the non-custodial parent's
ability to provide child support, (ii) the non-custodial
parent failed to comply with the request, despite having
been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to
determine support despite having received proper notice,
then any relevant financial information concerning the
non-custodial parent's ability to provide child support
that was obtained pursuant to subpoena and proper notice
shall be admitted into evidence without the need to
establish any further foundation for its admission.
(a-5) In an action to enforce an order for support based
on the respondent's failure to make support payments as
required by the order, notice of proceedings to hold the
respondent in contempt for that failure may be served on the
respondent by personal service or by regular mail addressed
to the respondent's last known address. The respondent's
last known address may be determined from records of the
clerk of the court, from the Federal Case Registry of Child
Support Orders, or by any other reasonable means.
(b) Failure of either parent to comply with an order to
pay support shall be punishable as in other cases of
contempt. In addition to other penalties provided by law the
Court may, after finding the parent guilty of contempt, order
that the parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period
not to exceed 6 months; provided, however, that the Court
may permit the parent to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the
earnings of a parent during a sentence of periodic
imprisonment paid to the Clerk of the Circuit Court or to the
parent having custody or to the guardian having custody of
the minor children of the sentenced parent for the support of
said minor children until further order of the Court.
If there is a unity of interest and ownership sufficient
to render no financial separation between a non-custodial
parent and another person or persons or business entity, the
court may pierce the ownership veil of the person, persons,
or business entity to discover assets of the non-custodial
parent held in the name of that person, those persons, or
that business entity. The following circumstances are
sufficient to authorize a court to order discovery of the
assets of a person, persons, or business entity and to compel
the application of any discovered assets toward payment on
the judgment for support:
(1) the non-custodial parent and the person,
persons, or business entity maintain records together.
(2) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms
length relationship between themselves with regard to any
assets.
(3) the non-custodial parent transfers assets to
the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other
lien holders who acquire their interests in the property
prior to the time a notice of lis pendens pursuant to the
Code of Civil Procedure or a copy of the order is placed of
record in the office of the recorder of deeds for the county
in which the real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days
obligation or more, that the parent's Illinois driving
privileges be suspended until the court determines that the
parent is in compliance with the order of support. The court
may also order that the parent be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle Code.
The clerk of the circuit court shall certify the order
suspending the driving privileges of the parent or granting
the issuance of a family financial responsibility driving
permit to the Secretary of State on forms prescribed by the
Secretary. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section
7-702.1 of the Illinois Vehicle Code, issue a family
financial responsibility driving permit to the parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited
to a requirement that the person perform community service
under Section 50 of that Act or participate in a work
alternative program under Section 50 of that Act. A person
may not be required to participate in a work alternative
program under Section 50 of that Act if the person is
currently participating in a work program pursuant to Section
505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid for 30 days
or more shall accrue interest at the rate of 9% per annum.
(c) A one-time charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(d) Any new or existing support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises by operation of law
against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(e) When child support is to be paid through the clerk
of the court in a county of 1,000,000 inhabitants or less,
the order shall direct the obligor to pay to the clerk, in
addition to the child support payments, all fees imposed by
the county board under paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in
cash or pursuant to an order for withholding, the payment of
the fee shall be by a separate instrument from the support
payment and shall be made to the order of the Clerk.
(f) All orders for support, when entered or modified,
shall include a provision requiring the obligor to notify the
court and, in cases in which a party is receiving child and
spouse services under Article X of the Illinois Public Aid
Code, the Illinois Department of Public Aid, within 7 days,
(i) of the name and address of any new employer of the
obligor, (ii) whether the obligor has access to health
insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this subsection shall
be construed to prevent the court from modifying the order.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
(Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.)
(750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
Sec. 505.2. Health insurance.
(a) Definitions. As used in this Section:
(1) "Obligee" means the individual to whom the duty
of support is owed or the individual's legal
representative.
(2) "Obligor" means the individual who owes a duty
of support pursuant to an order for support.
(3) "Public office" means any elected official or
any State or local agency which is or may become
responsible by law for enforcement of, or which is or may
become authorized to enforce, an order for support,
including, but not limited to: the Attorney General, the
Illinois Department of Public Aid, the Illinois
Department of Human Services, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(b) Order.
(1) Whenever the court establishes, modifies or
enforces an order for child support or for child support
and maintenance the court shall include in the order a
provision for the health care coverage of the child which
shall, upon request of the obligee or Public Office,
require that any child covered by the order be named as a
beneficiary of any health insurance plan that is
available to the obligor through an employer or labor
union or trade union. If the court finds that such a
plan is not available to the obligor, or that the plan is
not accessible to the obligee, the court may, upon
request of the obligee or Public Office, order the
obligor to name the child covered by the order as a
beneficiary of any health insurance plan that is
available to the obligor on a group basis, or as a
beneficiary of an independent health insurance plan to be
obtained by the obligor, after considering the following
factors:
(A) the medical needs of the child;
(B) the availability of a plan to meet those
needs; and
(C) the cost of such a plan to the obligor.
(2) If the employer or labor union or trade union
offers more than one plan, the order shall require the
obligor to name the child as a beneficiary of the plan in
which the obligor is enrolled.
(3) Nothing in this Section shall be construed to
limit the authority of the court to establish or modify a
support order to provide for payment of expenses,
including deductibles, copayments and any other health
expenses, which are in addition to expenses covered by an
insurance plan of which a child is ordered to be named a
beneficiary pursuant to this Section.
(c) Implementation and enforcement.
(1) When the court order requires that a minor
child be named as a beneficiary of a health insurance
plan, other than a health insurance plan available
through an employer or labor union or trade union, the
obligor shall provide written proof to the obligee or
Public Office that the required insurance has been
obtained, or that application for insurability has been
made, within 30 days of receiving notice of the court
order. Unless the obligor was present in court when the
order was issued, notice of the order shall be given
pursuant to Illinois Supreme Court Rules. If an obligor
fails to provide the required proof, he may be held in
contempt of court.
(2) When the court requires that a minor child be
named as a beneficiary of a health insurance plan
available through an employer or labor union or trade
union, the court's order shall be implemented in
accordance with the Income Withholding for Support Act
Section 706.1, as now or hereafter amended.
(d) Failure to maintain insurance. The dollar amount of
the premiums for court-ordered health insurance, or that
portion of the premiums for which the obligor is responsible
in the case of insurance provided under a group health
insurance plan through an employer or labor union or trade
union where the employer or labor union or trade union pays a
portion of the premiums, shall be considered an additional
child support obligation owed by the obligor. Whenever the
obligor fails to provide or maintain health insurance
pursuant to an order for support, the obligor shall be liable
to the obligee for the dollar amount of the premiums which
were not paid, and shall also be liable for all medical
expenses incurred by the minor child which would have been
paid or reimbursed by the health insurance which the obligor
was ordered to provide or maintain. In addition, the obligee
may petition the court to modify the order based solely on
the obligor's failure to pay the premiums for court-ordered
health insurance.
(e) Authorization for payment. The signature of the
obligee is a valid authorization to the insurer to process a
claim for payment under the insurance plan to the provider of
the health care services or to the obligee.
(f) Disclosure of information. The obligor's employer
or labor union or trade union shall disclose to the obligee
or Public Office, upon request, information concerning any
dependent coverage plans which would be made available to a
new employee or labor union member or trade union member.
The employer or labor union or trade union shall disclose
such information whether or not a court order for medical
support has been entered.
(g) Employer obligations. If a parent is required by an
order for support to provide coverage for a child's health
care expenses and if that coverage is available to the parent
through an employer who does business in this State, the
employer must do all of the following upon receipt of a copy
of the order of support or order for withholding:
(1) The employer shall, upon the parent's request,
permit the parent to include in that coverage a child who
is otherwise eligible for that coverage, without regard
to any enrollment season restrictions that might
otherwise be applicable as to the time period within
which the child may be added to that coverage.
(2) If the parent has health care coverage through
the employer but fails to apply for coverage of the
child, the employer shall include the child in the
parent's coverage upon application by the child's other
parent or the Illinois Department of Public Aid.
(3) The employer may not eliminate any child from
the parent's health care coverage unless the employee is
no longer employed by the employer and no longer covered
under the employer's group health plan or unless the
employer is provided with satisfactory written evidence
of either of the following:
(A) The order for support is no longer in
effect.
(B) The child is or will be included in a
comparable health care plan obtained by the parent
under such order that is currently in effect or will
take effect no later than the date the prior
coverage is terminated.
The employer may eliminate a child from a parent's
health care plan obtained by the parent under such order
if the employer has eliminated dependent health care
coverage for all of its employees.
(Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.)
(750 ILCS 5/505.3)
Sec. 505.3. Information to State Case Registry.
(a) When an order for support is entered or modified
under this Act, the clerk of the circuit court shall, within
5 business days, provide to the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code the court docket number and county in which the order is
entered or modified and the following information, which the
parties shall disclose to the court:
(1) The names of the custodial and non-custodial
parents and of the child or children covered by the
order.
(2) The dates of birth of the custodial and
non-custodial parents and of the child or children
covered by the order.
(3) The social security numbers of the custodial
and non-custodial parents and of the child or children
covered by the order.
(4) The residential and mailing addresses for the
custodial and non-custodial parents.
(5) The telephone numbers for the custodial and
non-custodial parents.
(6) The driver's license numbers for the custodial
and non-custodial parents.
(7) The name, address, and telephone number of each
parent's employer or employers.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code, the clerk shall provide the State Case Registry with
the following information:
(1) The information specified in subsection (a) of
this Section.
(2) The amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest, or late payment penalties and fees,
due or overdue under the order.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to be the disclosed
under this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department of
Public Aid's request for that updated information.
(Source: P.A. 91-212, eff. 7-20-99; revised 1-16-01.)
(750 ILCS 5/705) (from Ch. 40, par. 705)
Sec. 705. Support payments; receiving and disbursing
agents.
(1) The provisions of this Section shall apply, except
as provided in Sections 709 through 712.
(2) In a dissolution of marriage action filed in a
county of less than 3 million population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders, under subsection (4) of this
Section, may direct that child support payments be made to
the clerk of the court.
(3) In a dissolution of marriage action filed in any
county of 3 million or more population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders under subsection (4) of this
Section, may direct that child support payments be made
either to the clerk of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this Act, the court, except as it otherwise
orders under subsection (4) of this Section, may direct that
child support payments be made either to the clerk of the
court or to the Illinois Department of Public Aid.
(4) In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support payments,
or both, to persons who are recipients of aid under the
Illinois Public Aid Code, the court shall direct that such
payments be made to (a) the Illinois Department of Public Aid
if the persons are recipients under Articles III, IV, or V of
the Code, or (b) the local governmental unit responsible for
their support if they are recipients under Articles VI or VII
of the Code. In accordance with federal law and regulations,
the Illinois Department of Public Aid may continue to collect
current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance
and until termination of services under Article X of the
Illinois Public Aid Code. The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. The
order shall permit the Illinois Department of Public Aid or
the local governmental unit, as the case may be, to direct
that payments be made directly to the former spouse, the
children, or both, or to some person or agency in their
behalf, upon removal of the former spouse or children from
the public aid rolls or upon termination of services under
Article X of the Illinois Public Aid Code; and upon such
direction, the Illinois Department or local governmental
unit, as the case requires, shall give notice of such action
to the court in writing or by electronic transmission.
(5) All clerks of the court and the Court Service
Division of a County Department of Public Aid and, after the
effective date of this Act, all clerks of the court and the
Illinois Department of Public Aid, receiving child support
payments under subsections (2) and (3) of this Section shall
disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment. They shall
establish and maintain current records of all moneys received
and disbursed and of defaults and delinquencies in required
payments. The court, by order or rule, shall make provision
for the carrying out of these duties.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
payments under this Section to the Illinois Department of
Human Services shall be deposited in the DHS Recoveries Trust
Fund. Disbursements from these funds shall be as provided in
the Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund. Any order of court directing payment of
child support to a clerk of court or the Court Service
Division of a County Department of Public Aid, which order
has been entered on or after August 14, 1961, and prior to
the effective date of this Act, may be amended by the court
in line with this Act; and orders involving payments of
maintenance or child support to recipients of public aid may
in like manner be amended to conform to this Act.
(6) No filing fee or costs will be required in any
action brought at the request of the Illinois Department of
Public Aid in any proceeding under this Act. However, any
such fees or costs may be assessed by the court against the
respondent in the court's order of support or any
modification thereof in a proceeding under this Act.
(7) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
In any action filed in a county with a population of
1,000,000 or less, the court shall assess against the
respondent in any order of maintenance or child support any
sum up to $36 annually authorized by ordinance of the county
board to be collected by the clerk of the court as costs for
administering the collection and disbursement of maintenance
and child support payments. Such sum shall be in addition to
and separate from amounts ordered to be paid as maintenance
or child support.
(8) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 507.1 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.)
(750 ILCS 5/709) (from Ch. 40, par. 709)
Sec. 709. Mandatory child support payments to clerk.
(a) As of January 1, 1982, child support orders entered
in any county covered by this subsection shall be made
pursuant to the provisions of Sections 709 through 712 of
this Act. For purposes of these Sections, the term "child
support payment" or "payment" shall include any payment
ordered to be made solely for the purpose of the support of a
child or children or any payment ordered for general support
which includes any amount for support of any child or
children.
The provisions of Sections 709 through 712 shall be
applicable to any county with a population of 2 million or
more and to any other county which notifies the Supreme Court
of its desire to be included within the coverage of these
Sections and is certified pursuant to Supreme Court Rules.
The effective date of inclusion, however, shall be
subject to approval of the application for reimbursement of
the costs of the support program by the Department of Public
Aid as provided in Section 712.
(b) In any proceeding for a dissolution of marriage,
legal separation, or declaration of invalidity of marriage,
or in any supplementary proceedings in which a judgment or
modification thereof for the payment of child support is
entered on or after January 1, 1982, in any county covered by
Sections 709 through 712, and the person entitled to payment
is receiving a grant of financial aid under Article IV of the
Illinois Public Aid Code or has applied and qualified for
support services under Section 10-1 of that Code, the court
shall direct: (1) that such payments be made to the clerk of
the court and (2) that the parties affected shall each
thereafter notify the clerk of any change of address or
change in other conditions that may affect the administration
of the order, including the fact that a party who was
previously not on public aid has become a recipient of public
aid, within 10 days of such change. All notices sent to the
obligor's last known address on file with the clerk shall be
deemed sufficient to proceed with enforcement pursuant to the
provisions of Sections 709 through 712.
In all other cases, the court may direct that payments be
made to the clerk of the court.
(c) Except as provided in subsection (d) of this
Section, the clerk shall disburse the payments to the person
or persons entitled thereto under the terms of the order or
judgment.
(d) The court shall determine, prior to the entry of the
support order, if the party who is to receive the support is
presently receiving public aid or has a current application
for public aid pending and shall enter the finding on the
record.
If the person entitled to payment is a recipient of aid
under the Illinois Public Aid Code, the clerk, upon being
informed of this fact by finding of the court, by
notification by the party entitled to payment, by the
Illinois Department of Public Aid or by the local
governmental unit, shall make all payments to: (1) the
Illinois Department of Public Aid if the person is a
recipient under Article III, IV, or V of the Code or (2) the
local governmental unit responsible for his or her support if
the person is a recipient under Article VI or VII of the
Code. In accordance with federal law and regulations, the
Illinois Department of Public Aid may continue to collect
current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance
and until termination of services under Article X of the
Illinois Public Aid Code. The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. Upon
termination of public aid payments to such a recipient or
termination of services under Article X of the Illinois
Public Aid Code, the Illinois Department of Public Aid or the
appropriate local governmental unit shall notify the clerk in
writing or by electronic transmission that all subsequent
payments are to be sent directly to the person entitled
thereto.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
payments under this Section to the Illinois Department of
Human Services shall be deposited in the DHS Recoveries Trust
Fund. Disbursements from these funds shall be as provided in
the Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(e) Any order or judgment may be amended by the court,
upon its own motion or upon the motion of either party, to
conform with the provisions of Sections 709 through 712,
either as to the requirement of making payments to the clerk
or, where payments are already being made to the clerk, as to
the statutory fees provided for under Section 711.
(f) The clerk may invest in any interest bearing account
or in any securities, monies collected for the benefit of a
payee, where such payee cannot be found; however, the
investment may be only for the period until the clerk is able
to locate and present the payee with such monies. The clerk
may invest in any interest bearing account, or in any
securities, monies collected for the benefit of any other
payee; however, this does not alter the clerk's obligation to
make payments to the payee in a timely manner. Any interest
or capital gains accrued shall be for the benefit of the
county and shall be paid into the special fund established in
subsection (b) of Section 711.
(g) The clerk shall establish and maintain a payment
record of all monies received and disbursed and such record
shall constitute prima facie evidence of such payment and
non-payment, as the case may be.
(h) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(i) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 507.1 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
revised 9-28-99.)
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this
Section, "obligor" has the same meaning ascribed to such term
in the Income Withholding for Support Act.
(a) In any proceeding to enforce an order for support,
where the obligor has failed to appear in court pursuant to
order of court and after due notice thereof, the court may
enter an order for the attachment of the body of the obligor.
Notices under this Section shall be served upon the obligor
by any means authorized under subsection (a-5) of Section
505. The attachment order shall fix an amount of escrow
which is equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due
and owing. The attachment order shall direct the Sheriff of
any county in Illinois to take the obligor into custody and
shall set the number of days following release from custody
for a hearing to be held at which the obligor must appear, if
he is released under subsection (b) (c) of this Section.
(b) If the obligor is taken into custody, the Sheriff
shall take the obligor before the court which entered the
attachment order. However, the Sheriff may release the
person after he or she has deposited the amount of escrow
ordered by the court pursuant to local procedures for the
posting of bond. The Sheriff shall advise the obligor of the
hearing date at which the obligor is required to appear.
(c) Any escrow deposited pursuant to this Section shall
be transmitted to the Clerk of the Circuit Court for the
county in which the order for attachment of the body of the
obligor was entered. Any Clerk who receives money deposited
into escrow pursuant to this Section shall notify the
obligee, public office or legal counsel whose name appears on
the attachment order of the court date at which the obligor
is required to appear and the amount deposited into escrow.
The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order
pursuant to this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition
that gave rise to the attachment order. For purposes of
determining arrearages that are due and owing by the
obligor, the court shall accept the previous sworn
testimony of the obligee as true and the appearance of
the obligee shall not be required. The court shall
require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank
accounts, property and any other assets. If there is a
dispute as to the total amount of arrearages, the court
shall proceed as in any other case as to the undisputed
amounts; and
(2) order the Clerk of the Circuit Court to
disburse to the obligee or public office money held in
escrow pursuant to this Section if the court finds that
the amount of arrearages exceeds the amount of the
escrow. Amounts received by the obligee or public office
shall be deducted from the amount of the arrearages.
(e) If the obligor fails to appear in court after being
notified of the court date by the Sheriff upon release from
custody, the court shall order any monies deposited into
escrow to be immediately released to the obligee or public
office and shall proceed under subsection (a) of this Section
by entering another order for the attachment of the body of
the obligor.
(f) This Section shall apply to any order for support
issued under the "Illinois Marriage and Dissolution of
Marriage Act", approved September 22, 1977, as amended; the
"Illinois Parentage Act of 1984", effective July 1, 1985, as
amended; the "Revised Uniform Reciprocal Enforcement of
Support Act", approved August 28, 1969, as amended; "The
Illinois Public Aid Code", approved April 11, 1967, as
amended; the Non-Support Punishment Act; and the "Non-support
of Spouse and Children Act", approved June 8, 1953, as
amended.
(g) Any escrow established pursuant to this Section for
the purpose of providing support shall not be subject to fees
collected by the Clerk of the Circuit Court for any other
escrow.
(Source: P.A. 90-673, eff. 1-1-99; 91-113, eff. 7-15-99;
91-613, eff. 10-1-99; revised 10-7-99.)
Section 97. The Non-Support Punishment Act is amended by
adding Section 23 (incorporating provisions from P.A. 91-397)
and changing Section 60 as follows:
(750 ILCS 16/23 new)
Sec. 23. Interest on support obligations. A support
obligation, or any portion of a support obligation, which
becomes due and remains unpaid for 30 days or more shall
accrue interest at the rate of 9% per annum.
(Source: Incorporates P.A. 91-397, eff. 1-1-00; revised
10-1-99.)
(750 ILCS 16/60)
Sec. 60. Unemployed persons owing duty of support.
(a) Whenever it is determined in a proceeding to
establish or enforce a child support or maintenance
obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment
and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed
person to report to the Department of Employment Security for
job search services or to make application with the local Job
Jobs Training Partnership Act provider for participation in
job search, training, or work programs and where the duty of
support is owed to a child receiving support services under
Article X of the Illinois Public Aid Code the court may order
the unemployed person to report to the Illinois Department of
Public Aid for participation in job search, training, or work
programs established under Section 9-6 and Article IXA of
that Code.
(b) Whenever it is determined that a person owes past
due support for a child or for a child and the parent with
whom the child is living, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order at the request of the Illinois Department of
Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 91-613, eff. 10-1-99; revised 10-1-99.)
Section 97.4. The Expedited Child Support Act of 1990 is
amended by changing Section 6 as follows:
(750 ILCS 25/6) (from Ch. 40, par. 2706)
Sec. 6. Authority of hearing officers.
(a) With the exception of judicial functions exclusively
retained by the court in Section 8 of this Act and in
accordance with Supreme Court rules promulgated pursuant to
this Act, Administrative Hearing Officers shall be authorized
to:
(1) Accept voluntary agreements reached by the
parties setting the amount of child support to be paid
and medical support liability and recommend the entry of
orders incorporating such agreements.
(2) Accept voluntary acknowledgments of parentage
and recommend entry of an order establishing parentage
based on such acknowledgement. Prior to accepting such
acknowledgment, the Administrative Hearing Officer shall
advise the putative father of his rights and obligations
in accordance with Supreme Court rules promulgated
pursuant to this Act.
(3) Manage all stages of discovery, including
setting deadlines by which discovery must be completed;
and directing the parties to submit to appropriate tests
pursuant to Section 11 of the Illinois Parentage Act of
1984.
(4) Cause notices to be issued requiring the
Obligor to appear either before the Administrative
Hearing Officer or in court.
(5) Administer the oath or affirmation and take
testimony under oath or affirmation.
(6) Analyze the evidence and prepare written
recommendations based on such evidence, including but not
limited to: (i) proposed findings as to the amount of the
Obligor's income; (ii) proposed findings as to the amount
and nature of appropriate deductions from the Obligor's
income to determine the Obligor's net income; (iii)
proposed findings as to the existence of relevant factors
as set forth in subsection (a)(2) of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act, which
justify setting child support payment levels above or
below the guidelines; (iv) recommended orders for
temporary child support; (v) recommended orders setting
the amount of current child support to be paid; (vi)
proposed findings as to the existence and amount of any
arrearages; (vii) recommended orders reducing any
arrearages to judgement and for the payment of amounts
towards such arrearages; (viii) proposed findings as to
whether there has been a substantial change of
circumstances since the entry of the last child support
order, or other circumstances justifying a modification
of the child support order; and (ix) proposed findings as
to whether the Obligor is employed.
(7) With respect to any unemployed Obligor who is
not making child support payments or is otherwise unable
to provide support, recommend that the Obligor be ordered
to seek employment and report periodically of his or her
efforts in accordance with such order. Additionally, the
Administrative Hearing Officer may recommend that the
Obligor be ordered to report to the Department of
Employment Security for job search services or to make
application with the local Job Jobs Training Partnership
Act provider for participation in job search, training or
work programs and, where the duty of support is owed to a
child receiving support services under Article X of the
Illinois Public Aid Code, the Administrative Hearing
Officer may recommend that the Obligor be ordered to
report to the Illinois Department of Public Aid for
participation in the job search, training or work
programs established under Section 9-6 of the Public Aid
Code.; and
(8) Recommend the registration of any foreign
support judgments or orders as the judgments or orders of
Illinois.
(b) In any case in which the Obligee is not
participating in the IV-D program or has not applied to
participate in the IV-D program, the Administrative Hearing
Officer shall:
(1) inform the Obligee of the existence of the IV-D
program and provide applications on request; and
(2) inform the Obligee and the Obligor of the
option of requesting payment to be made through the Clerk
of the Circuit Court.
If a request for payment through the Clerk is made, the
Administrative Hearing Officer shall note this fact in the
recommendations to the court.
(c) The Administrative Hearing Officer may make
recommendations in addition to the proposed findings of fact
and recommended order to which the parties have agreed.
(Source: P.A. 86-1401; revised 2-23-00.)
Section 98. The Illinois Parentage Act of 1984 is
amended by changing Sections 6, 15, and 21 as follows:
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship
by Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of
the Vital Records Act or Section 10-17.7 of the Illinois
Public Aid Code. The voluntary acknowledgment of parentage
shall contain the social security numbers of the persons
signing the voluntary acknowledgment of parentage; however,
failure to include the social security numbers of the persons
signing a voluntary acknowledgment of parentage does not
invalidate the voluntary acknowledgment of parentage.
(1) A parent-child relationship may be established
in the event of surrogacy if all of the following
conditions are met prior to the birth of the child:
(A) The surrogate mother certifies that she is
not the biological mother of the child, and that she
is carrying the child of the biological father
(sperm donor) and of the biological mother (egg
donor).
(B) The husband, if any, of the surrogate
mother certifies that he is not the biological
father of the child and that the child is that of
the biological father (sperm donor) and of the
biological mother (egg donor).
(C) The biological mother certifies that she
donated the egg from which the child being carried
by the surrogate mother was conceived.
(D) The biological father certifies that he
donated the sperm from which the child being carried
by the surrogate mother was conceived.
(E) A physician licensed to practice medicine
in all its branches in the State of Illinois
certifies that the child being carried by the
surrogate mother is the biological child of the
biological mother (egg donor) and biological father
(sperm donor), and that neither the surrogate mother
nor the surrogate mother's husband, if any, is a
biological parent of the child being carried by the
surrogate mother.
(F) All certifications shall be in writing and
witnessed by 2 competent adults who are not the
surrogate mother, surrogate mother's husband, if
any, biological mother, or biological father.
Certifications shall be on forms prescribed by the
Illinois Department of Public Health, shall be
executed prior to the birth of the child, and shall
be placed in the medical records of the surrogate
mother prior to the birth of the child. Copies of
all certifications shall be delivered to the
Illinois Department of Public Health prior to the
birth of the child.
(2) Unless otherwise determined by order of the
Circuit Court, the child shall be presumed to be the
child of the surrogate mother and of the surrogate
mother's husband, if any, if all requirements of
subdivision (a)(1) are not met prior to the birth of the
child. This presumption may be rebutted by clear and
convincing evidence. The circuit court may order the
surrogate mother, surrogate mother's husband, biological
mother, biological father, and child to submit to such
medical examinations and testing as the court deems
appropriate.
(b) Notwithstanding any other provisions of this Act,
paternity established in accordance with subsection (a) has
the full force and effect of a judgment entered under this
Act and serves as a basis for seeking a child support order
without any further proceedings to establish paternity.
(c) A judicial or administrative proceeding to ratify
paternity established in accordance with subsection (a) is
neither required nor permitted.
(d) A signed acknowledgment of paternity entered under
this Act may be challenged in court only on the basis of
fraud, duress, or material mistake of fact, with the burden
of proof upon the challenging party. Pending outcome of the
challenge to the acknowledgment of paternity, the legal
responsibilities of the signatories shall remain in full
force and effect, except upon order of the court upon a
showing of good cause.
(e) Once a parent and child relationship is established
in accordance with subsection (a), an order for support may
be established pursuant to a petition to establish an order
for support by consent filed with the clerk of the circuit
court. A copy of the properly completed acknowledgment of
parentage form shall be attached to the petition. The
petition shall ask that the circuit court enter an order for
support. The petition may ask that an order for visitation,
custody, or guardianship be entered. The filing and
appearance fees provided under the Clerks of Courts Act shall
be waived for all cases in which an acknowledgment of
parentage form has been properly completed by the parties and
in which a petition to establish an order for support by
consent has been filed with the clerk of the circuit court.
This subsection shall not be construed to prohibit filing any
petition for child support, visitation, or custody under this
Act, the Illinois Marriage and Dissolution of Marriage Act,
or the Non-Support Punishment Act. This subsection shall
also not be construed to prevent the establishment of an
administrative support order in cases involving persons
receiving child support enforcement services under Article X
of the Illinois Public Aid Code.
(Source: P.A. 90-18, eff. 7-1-97; 91-308, eff. 7-29-99;
91-613, eff. 10-1-99; revised 9-28-99.)
(750 ILCS 45/15) (from Ch. 40, par. 2515)
Sec. 15. Enforcement of Judgment or Order.
(a) If existence of the parent and child relationship is
declared, or paternity or duty of support has been
established under this Act or under prior law or under the
law of any other jurisdiction, the judgment rendered
thereunder may be enforced in the same or other proceedings
by any party or any person or agency that has furnished or
may furnish financial assistance or services to the child.
The Income Withholding for Support Act and Sections 14 and 16
of this Act shall also be applicable with respect to entry,
modification and enforcement of any support judgment entered
under provisions of the "Paternity Act", approved July 5,
1957, as amended, repealed July 1, 1985.
(b) Failure to comply with any order of the court shall
be punishable as contempt as in other cases of failure to
comply under the "Illinois Marriage and Dissolution of
Marriage Act", as now or hereafter amended. In addition to
other penalties provided by law, the court may, after finding
the party guilty of contempt, order that the party be:
(1) Placed on probation with such conditions of
probation as the court deems advisable;
(2) Sentenced to periodic imprisonment for a period
not to exceed 6 months. However, the court may permit
the party to be released for periods of time during the
day or night to work or conduct business or other
self-employed occupation. The court may further order
any part of all the earnings of a party during a sentence
of periodic imprisonment to be paid to the Clerk of the
Circuit Court or to the person or parent having custody
of the minor child for the support of said child until
further order of the court.
(2.5) The court may also pierce the ownership veil
of a person, persons, or business entity to discover
assets of a non-custodial parent held in the name of that
person, those persons, or that business entity if there
is a unity of interest and ownership sufficient to render
no financial separation between the non-custodial parent
and that person, those persons, or the business entity.
The following circumstances are sufficient for a court to
order discovery of the assets of a person, persons, or
business entity and to compel the application of any
discovered assets toward payment on the judgment for
support:
(A) the non-custodial parent and the person,
persons, or business entity maintain records
together.
(B) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms
length relationship between themselves with regard
to any assets.
(C) the non-custodial parent transfers assets
to the person, persons, or business entity with the
intent to perpetrate a fraud on the custodial
parent.
With respect to assets which are real property, no
order entered under this subdivision (2.5) shall affect
the rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their
interests in the property prior to the time a notice of
lis pendens pursuant to the Code of Civil Procedure or a
copy of the order is placed of record in the office of
the recorder of deeds for the county in which the real
property is located.
(3) The court may also order that in cases where
the party is 90 days or more delinquent in payment of
support or has been adjudicated in arrears in an amount
equal to 90 days obligation or more, that the party's
Illinois driving privileges be suspended until the court
determines that the party is in compliance with the
judgement or duty of support. The court may also order
that the parent be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle
Code. The clerk of the circuit court shall certify the
order suspending the driving privileges of the parent or
granting the issuance of a family financial
responsibility driving permit to the Secretary of State
on forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall
suspend the party's driving privileges until further
order of the court and shall, if ordered by the court,
subject to the provisions of Section 7-702.1 of the
Illinois Vehicle Code, issue a family financial
responsibility driving permit to the parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 1 of the Non-Support
Punishment of Spouse and Children Act may be prosecuted under
that Act Section, and a person convicted under that Act
Section may be sentenced in accordance with that Act Section.
The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 subsection (b) of that Act Section or participate
in a work alternative program under Section 50 subsection (c)
of that Act Section. A person may not be required to
participate in a work alternative program under Section 50
subsection (c) of that Act Section if the person is currently
participating in a work program pursuant to Section 15.1 of
this Act.
(c) In any post-judgment proceeding to enforce or modify
the judgment the parties shall continue to be designated as
in the original proceeding.
(Source: P.A. 90-476, eff. 1-1-98; 90-673, eff. 1-1-99;
90-733, eff. 8-11-98; 91-357, eff. 7-29-99; revised
10-13-99.)
(750 ILCS 45/21) (from Ch. 40, par. 2521)
Sec. 21. Support payments; receiving and disbursing
agents.
(1) In an action filed in a county of less than 3
million population in which an order for child support is
entered, and in supplementary proceedings in such a county to
enforce or vary the terms of such order arising out of an
action filed in such a county, the court, except in actions
or supplementary proceedings in which the pregnancy and
delivery expenses of the mother or the child support payments
are for a recipient of aid under the Illinois Public Aid
Code, shall direct that child support payments be made to the
clerk of the court unless in the discretion of the court
exceptional circumstances warrant otherwise. In cases where
payment is to be made to persons other than the clerk of the
court the judgment or order of support shall set forth the
facts of the exceptional circumstances.
(2) In an action filed in a county of 3 million or more
population in which an order for child support is entered,
and in supplementary proceedings in such a county to enforce
or vary the terms of such order arising out of an action
filed in such a county, the court, except in actions or
supplementary proceedings in which the pregnancy and delivery
expenses of the mother or the child support payments are for
a recipient of aid under the Illinois Public Aid Code, shall
direct that child support payments be made either to the
clerk of the court or to the Court Service Division of the
County Department of Public Aid, or to the clerk of the court
or to the Illinois Department of Public Aid, unless in the
discretion of the court exceptional circumstances warrant
otherwise. In cases where payment is to be made to persons
other than the clerk of the court, the Court Service Division
of the County Department of Public Aid, or the Illinois
Department of Public Aid, the judgment or order of support
shall set forth the facts of the exceptional circumstances.
(3) Where the action or supplementary proceeding is in
behalf of a mother for pregnancy and delivery expenses or for
child support, or both, and the mother, child, or both, are
recipients of aid under the Illinois Public Aid Code, the
court shall order that the payments be made directly to (a)
the Illinois Department of Public Aid if the mother or child,
or both, are recipients under Articles IV or V of the Code,
or (b) the local governmental unit responsible for the
support of the mother or child, or both, if they are
recipients under Articles VI or VII of the Code. In
accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both,
after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois
Public Aid Code. The Illinois Department of Public Aid shall
pay the net amount collected to those persons after deducting
any costs incurred in making the collection or any collection
fee from the amount of any recovery made. The Illinois
Department of Public Aid or the local governmental unit, as
the case may be, may direct that payments be made directly to
the mother of the child, or to some other person or agency in
the child's behalf, upon the removal of the mother and child
from the public aid rolls or upon termination of services
under Article X of the Illinois Public Aid Code; and upon
such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(4) All clerks of the court and the Court Service
Division of a County Department of Public Aid and the
Illinois Department of Public Aid, receiving child support
payments under paragraphs (1) or (2) shall disburse the same
to the person or persons entitled thereto under the terms of
the order. They shall establish and maintain clear and
current records of all moneys received and disbursed and of
defaults and delinquencies in required payments. The court,
by order or rule, shall make provision for the carrying out
of these duties.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
payments under this Section to the Illinois Department of
Human Services shall be deposited in the DHS Recoveries Trust
Fund. Disbursement from these funds shall be as provided in
the Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(5) The moneys received by persons or agencies
designated by the court shall be disbursed by them in
accordance with the order. However, the court, on petition
of the state's attorney, may enter new orders designating the
clerk of the court or the Illinois Department of Public Aid,
as the person or agency authorized to receive and disburse
child support payments and, in the case of recipients of
public aid, the court, on petition of the Attorney General or
State's Attorney, shall direct subsequent payments to be paid
to the Illinois Department of Public Aid or to the
appropriate local governmental unit, as provided in paragraph
(3). Payments of child support by principals or sureties on
bonds, or proceeds of any sale for the enforcement of a
judgment shall be made to the clerk of the court, the
Illinois Department of Public Aid or the appropriate local
governmental unit, as the respective provisions of this
Section require.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(7) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 21.1 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
7-20-99; 91-357, eff. 7-29-99; revised 9-1-99.)
Section 99. The Adoption Act is amended by changing
Sections 1 and 18.1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the
following crimes shall create a presumption that a parent
is depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph 1 or 2 of subsection (a) of Section 9-1 of
the Criminal Code of 1961 or conviction of second degree
murder in violation of subsection (a) of Section 9-2 of
the Criminal Code of 1961 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961;
(3) attempt or conspiracy to commit first degree murder
or second degree murder of any child in violation of the
Criminal Code of 1961; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961;
or (5) aggravated criminal sexual assault in violation of
Section 12-14(b)(1) of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of
at least 3 felonies under the laws of this State or any
other state, or under federal law, or the criminal laws
of any United States territory; and at least one of these
convictions took place within 5 years of the filing of
the petition or motion seeking termination of parental
rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 within 10 years of
the filing date of the petition or motion to terminate
parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent (i) to make reasonable
efforts to correct the conditions that were the basis for
the removal of the child from the parent, or (ii) to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act, or (iii) to make reasonable progress toward the
return of the child to the parent during any 9-month
period after the end of the initial 9-month period
following the adjudication of neglected or abused minor
under Section 2-3 of the Juvenile Court Act of 1987 or
dependent minor under Section 2-4 of that Act. If a
service plan has been established as required under
Section 8.2 of the Abused and Neglected Child Reporting
Act to correct the conditions that were the basis for the
removal of the child from the parent and if those
services were available, then, for purposes of this Act,
"failure to make reasonable progress toward the return of
the child to the parent" includes (I) the parent's
failure to substantially fulfill his or her obligations
under the service plan and correct the conditions that
brought the child into care within 9 months after the
adjudication under Section 2-3 or 2-4 of the Juvenile
Court Act of 1987 and (II) the parent's failure to
substantially fulfill his or her obligations under the
service plan and correct the conditions that brought the
child into care during any 9-month period after the end
of the initial 9-month period following the adjudication
under Section 2-3 or 2-4 of the Juvenile Court Act of
1987.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date
of this amendatory Act of 1998 unless the child's parent
can prove by a preponderance of the evidence that it is
more likely than not that it will be in the best
interests of the child to be returned to the parent
within 6 months of the date on which a petition for
termination of parental rights is filed under the
Juvenile Court Act of 1987. The 15 month time limit is
tolled during any period for which there is a court
finding that the appointed custodian or guardian failed
to make reasonable efforts to reunify the child with his
or her family, provided that (i) the finding of no
reasonable efforts is made within 60 days of the period
when reasonable efforts were not made or (ii) the parent
filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier
of: (i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of
12 months: (i) to visit the child, (ii) to communicate
with the child or agency, although able to do so and not
prevented from doing so by an agency or by court order,
or (iii) to maintain contact with or plan for the future
of the child, although physically able to do so, or (2)
as manifested by the father's failure, where he and the
mother of the child were unmarried to each other at the
time of the child's birth, (i) to commence legal
proceedings to establish his paternity under the Illinois
Parentage Act of 1984 or the law of the jurisdiction of
the child's birth within 30 days of being informed,
pursuant to Section 12a of this Act, that he is the
father or the likely father of the child or, after being
so informed where the child is not yet born, within 30
days of the child's birth, or (ii) to make a good faith
effort to pay a reasonable amount of the expenses related
to the birth of the child and to provide a reasonable
amount for the financial support of the child, the court
to consider in its determination all relevant
circumstances, including the financial condition of both
parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forgo his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) The parent has been criminally convicted of
aggravated battery, heinous battery, or attempted murder
of any child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood,
urine, or meconium contained any amount of a controlled
substance as defined in subsection (f) of Section 102 of
the Illinois Controlled Substances Act, or a metabolite
of a controlled substance, with the exception of
controlled substances or metabolites of such substances,
the presence of which in the newborn infant was the
result of medical treatment administered to the mother or
the newborn infant, and that the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act
of 1987, after which the biological mother had the
opportunity to enroll in and participate in a clinically
appropriate substance abuse counseling, treatment, and
rehabilitation program.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age. "Putative father" does not mean a man who is
the child's father as a result of criminal sexual abuse or
assault as defined under Article 12 of the Criminal Code of
1961.
S. "Standby adoption" means an adoption in which a
terminally ill parent consents to custody and termination of
parental rights to become effective upon the occurrence of a
future event, which is either the death of the terminally ill
parent or the request of the parent for the entry of a final
judgment of adoption.
T. "Terminally ill parent" means a person who has a
medical prognosis by a physician licensed to practice
medicine in all of its branches that the person has an
incurable and irreversible condition which will lead to
death.
(Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97;
90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357,
eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00;
revised 8-31-99.)
(750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
Sec. 18.1. Disclosure of identifying information.
(a) The Department of Public Health shall establish and
maintain a Registry for the purpose of providing identifying
information to mutually consenting adult adopted or
surrendered persons, birth parents, adoptive parents, legal
guardians and birth siblings. Identifying information for
the purpose of this Act shall mean any one or more of the
following:
(1) The name and last known address of the
consenting person or persons.
(2) A copy of the Illinois Adoption Registry
Application of the consenting person or persons.
(3) A copy of the original certificate of live
birth of the adopted person.
Written authorization from all parties identified must be
received prior to disclosure of any identifying information.
(b) At any time after a child is surrendered for
adoption, or at any time during the adoption proceedings or
at any time thereafter, either birth parent or both of them
may file with the Registry a Birth Parent Registration
Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(b-5) A birth sibling 21 years of age or over who was
not surrendered for adoption and who has submitted proof of
death for a deceased birth parent and such birth parent did
not file a Denial of Information Exchange with the Registry
prior to his or her death may file a Registration
Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(c) Any adopted person over the age of 21, or any
surrendered person over the age of 21"), or any adoptive
parent or legal guardian of an adopted or surrendered person
under the age of 21 may file with the Registry a Registration
Identification Form and an Information Exchange Authorization
or a Denial of Information Exchange.
(d) The Department of Public Health shall supply to the
adopted or surrendered person or his or her adoptive parents
or legal guardians and to the birth parents identifying
information only if both the adopted or surrendered person or
his or her adoptive parents or legal guardians and the birth
parents have filed with the Registry an Information Exchange
Authorization and the information at the Registry indicates
that the consenting adopted or surrendered person or the
child of the consenting adoptive parents or legal guardians
is the child of the consenting birth parents.
The Department of Public Health shall supply to adopted
or surrendered persons who are birth siblings identifying
information only if both siblings have filed with the
Registry an Information Exchange Authorization and the
information at the Registry indicates that the consenting
siblings have one or both birth parents in common.
Identifying information shall be supplied to consenting birth
siblings who were adopted or surrendered if any such sibling
is 21 years of age or over. Identifying information shall be
supplied to consenting birth siblings who were not adopted or
surrendered if any such sibling is 21 years of age or over
and has proof of death of the common birth parent and such
birth parent did not file a Denial of Information Exchange
with the Registry prior to his or her death.
(e) A birth parent, birth sibling, adopted or
surrendered person or their adoptive parents or legal
guardians may notify the Registry of his or her desire not to
have his or her identity revealed or may revoke any
previously filed Information Exchange Authorization by
completing and filing with the Registry a Registry
Identification Form along with a Denial of Information
Exchange. The Illinois Adoption Registry Application does not
need to be completed in order to file a Denial of Information
Exchange. Any adopted or surrendered person or his or her
adoptive parents or legal guardians, birth sibling or birth
parent may revoke a Denial of Information Exchange by filing
an Information Exchange Authorization. The Department of
Public Health shall act in accordance with the most recently
filed Authorization.
(f) Identifying information ascertained from the
Registry shall be confidential and may be disclosed only (1)
upon a Court Order, which order shall name the person or
persons entitled to the information, or (2) to the adopted or
surrendered person, adoptive parents or legal guardians,
birth sibling, or birth parent if both the adopted or
surrendered person or his or her adoptive parents or legal
guardians, and his or her birth parent, or both, birth
siblings, have filed with the Registry an Information
Exchange Authorization, or (3) as authorized under subsection
(h) of Section 18.3 of this Act. A copy of the certificate
of live birth shall only be released to an adopted person who
was born in Illinois and who is the subject of an Information
Exchange Authorization filed by one of his or her birth
parents or non-surrendered birth siblings. Any person who
willfully provides unauthorized disclosure of any information
filed with the Registry or who knowingly or intentionally
files false information with the Registry shall be guilty of
a Class A misdemeanor and shall be liable for damages.
(g) If information is disclosed pursuant to this Act,
the Department shall redact it to remove any identifying
information about any party who has not consented to the
disclosure of such identifying information.
(Source: P.A. 91-417, eff. 1-1-00; revised 2-23-00.)
Section 99.2. The Organ Donation Request Act is amended
by changing Section 2 as follows:
(755 ILCS 60/2) (from Ch. 110 1/2, par. 752)
Sec. 2. Notification; consent; definitions.
(a) When, based upon generally accepted medical
standards, an inpatient in a general acute care hospital with
more than 100 beds is a suitable candidate for organ or
tissue donation and such patient has not made an anatomical
gift of all or any part of his or her body pursuant to
Section 5 of the Uniform Anatomical Gift Act, the hospital
administrator, or his or her designated representative,
shall, if the candidate is suitable for the donation of
organs at the time of or after notification of death, notify
the hospital's federally designated organ procurement agency.
The organ procurement agency shall request a consent for
organ donation according to the priority and conditions
established in subsection (b). In the case of a candidate
suitable for donation of tissue only, the hospital
administrator or his or her designated representative or
tissue bank shall, at the time of or shortly after
notification of death, request a consent for tissue donation
according to the priority need conditions established in
subsection (b). Alternative procedures for requesting
consent may be implemented by mutual agreement between a
hospital and a federally designated organ procurement agency
or tissue bank.
(b) In making a request for organ or tissue donation,
the hospital administrator or his or her designated
representative or the hospital's federally designated organ
procurement agency or tissue bank shall request any of the
following persons, in the order of priority stated in items
(1) through (7) below, when persons in prior classes are not
available and in the absence of (i) actual notice of contrary
intentions by the decedent, (ii) actual notice of opposition
by any member within the same priority class, and (iii)
reason to believe that an anatomical gift is contrary to the
decedent's religious beliefs, to consent to the gift of all
or any part of the decedent's body for any purpose specified
in Section 4 of the Uniform Anatomical Gift Act:
(1) the decedent's agent under the Powers of
Attorney for Health Care Law;
(2) the decedent's surrogate decision maker under
the Health Care Surrogate Act;
(3) the decedent's spouse;
(4) the decedent's adult sons or daughters;
(5) either of the decedent's parents;
(6) any of the decedent's adult brothers or
sisters;
(7) the guardian of the decedent at the time of his
or her death.
(c) If (1) the hospital administrator, or his or her
designated representative, the organ procurement agency, or
the tissue bank has actual notice of opposition to the gift
by the decedent or any person in the highest priority class
in which an available person can be found, or (2) there is
reason to believe that an anatomical gift is contrary to the
decedent's religious beliefs, or (3) the Director of Public
Health has adopted a rule signifying his determination that
the need for organs and tissues for donation has been
adequately met, then such gift of all or any part of the
decedent's body shall not be requested. If a donation is
requested, consent or refusal may only be obtained from the
person or persons in the highest priority class available.
If the hospital administrator, or his or her designated
representative, the designated organ procurement agency, or
the tissue bank is unable to obtain consent from any of the
persons named in items (1) through (7) of subsection (b) (a)
of this Section, the decedent's body shall not be used for an
anatomical gift unless a valid anatomical gift document was
executed under the Uniform Anatomical Gift Act or the Corneal
Transplant Act.
(d) For the purposes of this Act, a person will not be
considered "available" for the giving of consent or refusal
if:
(1) the existence of the person is unknown to the
hospital administrator or designee, organ procurement
agency, or tissue bank and is not readily ascertainable
through the examination of the decedent's hospital
records and the questioning of any persons who are
available for giving consent;
(2) the administrator or designee, organ
procurement agency, or tissue bank has unsuccessfully
attempted to contact the person by telephone or in any
other reasonable manner;
(3) the person is unable or unwilling to respond in
a manner which indicates the person's refusal or consent.
(e) For the purposes of this Act, "federally designated
organ procurement agency" means the organ procurement agency
designated by the Secretary of the U.S. Department of Health
and Human Services for the service area in which a hospital
is located; except that in the case of a hospital located in
a county adjacent to Wisconsin which currently contracts with
an organ procurement agency located in Wisconsin that is not
the organ procurement agency designated by the U.S. Secretary
of Health and Human Services for the service area in which
the hospital is located, if the hospital applies for a waiver
pursuant to 42 USC 1320b-8(a), it may designate an organ
procurement agency located in Wisconsin to be thereafter
deemed its federally designated organ procurement agency for
the purposes of this Act.
(f) For the purposes of this Act, "tissue bank" means
any facility or program operating in Illinois that is
certified by the American Association of Tissue Banks or the
Eye Bank Association of America and is involved in procuring,
furnishing, donating, or distributing corneas, bones, or
other human tissue for the purpose of injecting, transfusing,
or transplanting any of them into the human body. "Tissue
bank" does not include a licensed blood bank.
For the purposes of this Act, "tissue" does not include
organs.
(g) Nothing in Public Act 89-393 this amendatory Act of
1995 alters any agreements or affiliations between tissue
banks and hospitals.
(Source: P.A. 89-393, eff. 8-20-95; revised 2-23-00.)
Section 99.4. The Agricultural Foreign Investment
Disclosure Act is amended by changing Section 3 as follows:
(765 ILCS 50/3) (from Ch. 5, par. 603)
Sec. 3. Foreign persons.
(a) Any foreign person who acquires or transfers any
interest, other than a leasehold interest of 10 years or less
or a security interest, in agricultural land in this State
shall submit a report to the Director of Agriculture not
later than 90 days after the date of such acquisition or
transfer. Such report shall be submitted in such form and in
accordance with such procedures as the Director may require
and shall contain:
(1) the legal name and the address of such foreign
person;
(2) in any case in which such foreign person is an
individual, the citizenship of such foreign person;
(3) in any case in which such foreign person is not
an individual or a government, the nature of the legal
entity holding the interest, the country in which such
foreign person is created or organized, and the principal
place of business of such foreign person;
(4) the type of interest in the agricultural land
of this State which such foreign person acquired or
transferred;
(5) the legal description and acreage of such
agricultural land;
(6) the purchase price paid for, or any other
consideration given for, such interest; the date the
interest in the agricultural land was acquired; the
amount of the purchase price or the value of the
consideration for the agricultural land yet to be paid;
the current estimated value of the agricultural land that
is being reported;
(7) in any case in which such foreign person
transfers such interest, the legal name and the address
of the person to whom such interest is transferred and:
(A) in any case in which such transferee is an
individual, the citizenship of such transferee; and
(B) in any case in which such transferee is
not an individual or a government, the nature of the
legal entity holding the interest, the country in
which such transferee is created or organized, and
the principal place of business of such transferee;
(8) the agricultural purposes for which such
foreign person intends, on the date on which such report
is submitted to the Director, to use such agricultural
land; and
(9) such other information as the Director may
require by regulation.
(b) Any foreign person who holds any interest, other
than a leasehold interest of 10 years or less or a security
interest, in agricultural land of this State on the day
before the effective date of this amendatory Act of 1985
shall submit a report to the Director not later than 180 days
after such effective date. Such report shall be submitted in
such form and in accordance with such procedures as the
Director may require and shall contain:
(1) the legal name and the address of such foreign
person;
(2) in any case in which such foreign person is an
individual, the citizenship of such foreign person;
(3) in any case in which such foreign person is not
an individual or a government, the nature of the legal
entity holding the interest, the country in which such
foreign person is created or organized, and the principal
place of business of such foreign person;
(4) the type of interest in agricultural land of
this State which is held by such foreign person;
(5) the legal description and acreage of such
agricultural land;
(6) the purchase price paid for, or any other
consideration given for, such interest; the date the
interest in the agricultural land was acquired; the
amount of the purchase price or the value of the
consideration for the agricultural land yet to be paid;
the current estimated value of the agricultural land that
is being reported;
(7) the agricultural purposes for which such
foreign person:
(A) is using such agricultural land on the
date on which such report is submitted to the
Director; and
(B) intends, as of such date, to use such
agricultural land; and
(8) such other information as the Director may
require by regulation.
(c) Any person who holds or acquires (on or after the
effective date of this amendatory Act of 1985) any interest,
other than a leasehold interest of 10 years or less or a
security interest, in agricultural land at a time when such
person is not a foreign person and who subsequently becomes a
foreign person shall submit a report to the Director not
later than 90 days after the date on which such person
becomes a foreign person. Such report shall be submitted in
such form and in accordance with such procedures as the
Director may require and shall contain the information
required by subsection (b) of this Section. This subsection
shall not apply with respect to any person who is required to
submit a report with respect to such land under subsection
(b) of this Section.
(d) Any foreign person who holds or acquires (on or
after the effective date of this amendatory Act of 1985) any
interest, other than a leasehold interest of 10 years or less
or a security interest, in land at a time when such land is
not agricultural land and such land subsequently becomes
agricultural land shall submit a report to the Director not
later than 90 days after the date on which such land becomes
agricultural land. Such report shall be submitted in such
form and in accordance with such procedures as the Director
may require and shall contain the information required by
subsection (b) of this Section. This subsection shall not
apply with respect to any person who is required to submit a
report with respect to such land under subsection (b) of this
Section.
(e) With respect to any foreign person, other than an
individual or a government, who is required by subsection
(a), (b), (c), or (d) of this Section to submit a report, the
Director may, in addition, require such foreign person to
submit to the Director a report containing:
(A) the legal name and the address of each person
who holds any interest in such foreign person;
(B) in any case in which the holder of such
interest is an individual, the citizenship of such
holder; and
(C) in any case in which the holder of such
interest is not an individual or a government, the nature
of the legal entity holding the interest, the country in
which such holder is created or organized, and the
principal place of business of such holder.
(f) With respect to any person, other than an individual
or a government, whose legal name is contained in any report
submitted under subsection (e) of this Section, the Director
may require such person to submit to the Director a report
containing:
(A) the legal name and the address of any person
who holds any interest in the person submitting the
report under this subsection;
(B) in any case in which the holder of such
interest is an individual, the citizenship of such
holder; and
(C) in any case in which the holder of such
interest is not an individual or a government, the nature
of the legal entity holding the interest, the country in
which such holder is created or organized, and the
principal principle place of business of such holder.
(Source: P.A. 84-295; revised 9-22-00.)
Section 100. The Uniform Disposition of Unclaimed
Property Act is amended by changing Section 2 as follows:
(765 ILCS 1025/2) (from Ch. 141, par. 102)
Sec. 2. Property held by financial organizations;
presumption of abandonment. The following property held or
owing by a banking or financial organization is presumed
abandoned:
(a) Any demand, savings, or matured time deposit with a
banking organization, together with any interest or dividend
thereon, excluding any charges that may lawfully be withheld,
unless the owner has, within 5 years:
(1) Increased or decreased the amount of the
deposit, or presented the passbook or other similar
evidence of the deposit for the crediting of interest; or
(2) Corresponded in writing with the banking
organization concerning the deposit; or
(3) Otherwise indicated an interest in the deposit
as evidenced by a memorandum on file with the banking
organization.
(b) Any funds paid toward the purchase of withdrawable
shares or other interest in a financial organization, or any
deposit made, and any interest or dividends thereon,
excluding any charges that may be lawfully withheld, unless
the owner has within 5 years:
(1) Increased or decreased the amount of the funds,
or deposit, or presented an appropriate record for the
crediting of interest or dividends; or
(2) Corresponded in writing with the financial
organization concerning the funds or deposit; or
(3) Otherwise indicated an interest in the funds or
deposit as evidenced by a memorandum on file with the
financial organization.
(c) Any sum payable on checks or on written instruments
on which a banking or financial organization or business
association is directly liable including, by way of
illustration but not of limitation, certificates of deposit,
drafts, money orders and travelers checks, that with the
exception of travelers checks has been outstanding for more
than 5 years from the date it was payable, or from the date
of its issuance if payable on demand, or, in the case of
travelers checks, that has been outstanding for more than 15
years from the date of its issuance, excluding any charges
that may be lawfully withheld relating to money orders issued
by currency exchanges, unless the owner has within 5 years or
within 15 years in the case of travelers checks corresponded
in writing with the banking or financial organization or
business association concerning it, or otherwise indicated an
interest as evidenced by a memorandum on file with the
banking or financial organization or business association.
(d) Any funds or other personal property, tangible or
intangible, removed from a safe deposit box or any other
safekeeping repository or agency or collateral deposit box on
which the lease or rental period has expired due to
nonpayment of rental charges or other reason, or any surplus
amounts arising from the sale thereof pursuant to law, that
have been unclaimed by the owner for more than 5 years from
the date on which the lease or rental period expired,
subject to lien of the holder for reimbursement of costs
incurred in the opening of a safe deposit box as determined
by the holder's regular schedule of charges.
(e) Notwithstanding any other provision of this Section,
no deposit except passbook, checking, NOW accounts, super NOW
accounts, money market accounts, or such similar accounts as
established by Rule of the State Treasurer, held by a banking
or financial organization shall be presumed abandoned if with
respect to such a deposit which specifies a definite maturity
date, such organization was authorized in writing to extend
or rollover the account for an additional like period and
such organization does so extend. Such deposits are not
presumed abandoned less than 5 years from that final maturity
date. Property of any kind held in an individual retirement
account (IRA) is not presumed abandoned earlier than 5 years
after the owner attains the age at which distributions from
the account become mandatory under law.
(f) Notwithstanding any other provision of this Section,
money of a minor deposited pursuant to Section 24-21 of the
Probate Act of 1975 shall not be presumed abandoned earlier
than 5 years after the minor attains legal age. Such money
shall be deposited in an account which shall indicate the
birth date of the minor.
(Source: P.A. 90-167, eff. 7-23-97; 90-796, eff. 12-15-98;
91-16, eff. 7-1-99; 91-316, eff. 7-29-99; revised 10-15-99.)
Section 101. The Business Corporation Act of 1983 is
amended by changing Sections 13.45 and 14.05 as follows:
(805 ILCS 5/13.45) (from Ch. 32, par. 13.45)
Sec. 13.45. Withdrawal of foreign corporation. A foreign
corporation authorized to transact business in this State may
withdraw from this State upon procuring from the Secretary of
State a certificate of withdrawal. In order to procure a
such certificate of withdrawal, the such foreign corporation
shall either:
(a) execute and file in duplicate, in accordance
with Section 1.10 of this Act, an application for
withdrawal and a final report, which shall set forth:
(1) that no proportion of its issued shares
is, on the date of such application, represented by
business transacted or property located in this
State;.
(2) that it surrenders its authority to
transact business in this State;.
(3) that it revokes the authority of its
registered agent in this State to accept service of
process and consents that service of process in any
suit, action, or proceeding based upon any cause of
action arising in this State during the time the
corporation was licensed to transact business in
this State may thereafter be made on the such
corporation by service thereof on the Secretary of
State;.
(4) a post-office address to which may be
mailed a copy of any process against the corporation
that may be served on the Secretary of State;.
(5) the name of the corporation and the state
or country under the laws of which it is organized;.
(6) a statement of the aggregate number of
issued shares of the corporation itemized by
classes, and series, if any, within a class, as of
the date of the such final report;.
(7) a statement of the amount of paid-in
capital of the corporation as of the date of the
such final report; and.
(8) such additional information as may be
necessary or appropriate in order to enable the
Secretary of State to determine and assess any
unpaid fees or franchise taxes payable by the such
foreign corporation as prescribed in this Act
prescribed; or
(b) if it has been dissolved, file a copy of the
articles of dissolution duly authenticated by the proper
officer of the state or country under the laws of which
the such corporation was organized.
(c) The application for withdrawal and the final report
shall be made on forms prescribed and furnished by the
Secretary of State.
(d) When the corporation has complied with the provisions
of subdivision subsection (a) or (b) of this Section, the
Secretary of State shall issue a certificate of withdrawal.
If the provisions of subdivision subsection (b) of this
Section have been followed, the Secretary of State shall file
the copy of the articles of dissolution in his or her office
with one copy of the certificate of withdrawal affixed
thereto and shall, mail the original certificate to the
corporation or its representative.
Upon the issuance of a such certificate of withdrawal,
the authority of the corporation to transact business in this
State shall cease.
(Source: P.A. 91-464, eff. 1-1-00; revised 3-21-00.)
(805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
Sec. 14.05. Annual report of domestic or foreign
corporation. Each domestic corporation organized under any
general law or special act of this State authorizing the
corporation to issue shares, other than homestead
associations, building and loan associations, banks and
insurance companies (which includes a syndicate or limited
syndicate regulated under Article V 1/2 of the Illinois
Insurance Code or member of a group of underwriters regulated
under Article V of that Code), and each foreign corporation
(except members of a group of underwriters regulated under
Article V of the Illinois Insurance Code) authorized to
transact business in this State, shall file, within the time
prescribed by this Act, an annual report setting forth:
(a) The name of the corporation.
(b) The address, including street and number, or
rural route number, of its registered office in this
State, and the name of its registered agent at that
address.
(c) The address, including street and number, or
rural route number, of its principal office.
(d) The names and respective residential addresses,
including street and number, or rural route number, of
its directors and officers.
(e) A statement of the aggregate number of shares
which the corporation has authority to issue, itemized by
classes and series, if any, within a class.
(f) A statement of the aggregate number of issued
shares, itemized by classes, and series, if any, within a
class.
(g) A statement, expressed in dollars, of the
amount of paid-in capital of the corporation as defined
in this Act.
(h) Either a statement that (1) all the property of
the corporation is located in this State and all of its
business is transacted at or from places of business in
this State, or the corporation elects to pay the annual
franchise tax on the basis of its entire paid-in capital,
or (2) a statement, expressed in dollars, of the value of
all the property owned by the corporation, wherever
located, and the value of the property located within
this State, and a statement, expressed in dollars, of the
gross amount of business transacted by the corporation
and the gross amount thereof transacted by the
corporation at or from places of business in this State
as of the close of its fiscal year on or immediately
preceding the last day of the third month prior to the
anniversary month or in the case of a corporation which
has established an extended filing month, as of the close
of its fiscal year on or immediately preceding the last
day of the third month prior to the extended filing
month; however, in the case of a domestic corporation
that has not completed its first fiscal year, the
statement with respect to property owned shall be as of
the last day of the third month preceding the anniversary
month and the statement with respect to business
transacted shall be furnished for the period between the
date of incorporation and the last day of the third month
preceding the anniversary month. In the case of a
foreign corporation that has not been authorized to
transact business in this State for a period of 12 months
and has not commenced transacting business prior to
obtaining a certificate of authority, the statement with
respect to property owned shall be as of the last day of
the third month preceding the anniversary month and the
statement with respect to business transacted shall be
furnished for the period between the date of its
authorization to transact business in this State and the
last day of the third month preceding the anniversary
month. If the data referenced in item (2) of this
subsection is not completed, the franchise tax provided
for in this Act shall be computed on the basis of the
entire paid-in capital.
(i) A statement, including the basis therefor, of
status as a "minority owned business" or as a "female
owned business" as those terms are defined in the
Minority and Female Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
(j) Additional information as may be necessary or
appropriate in order to enable the Secretary of State to
administer this Act and to verify the proper amount of
fees and franchise taxes payable by the corporation.
The annual report shall be made on forms prescribed and
furnished by the Secretary of State, and the information
therein required by paragraphs (a) through (d), both
inclusive, of this Section, shall be given as of the date of
the execution of the annual report and the information
therein required by paragraphs (e), (f) and (g) of this
Section shall be given as of the last day of the third month
preceding the anniversary month, except that the information
required by paragraphs (e), (f) and (g) shall, in the case of
a corporation which has established an extended filing month,
be given in its final transition annual report and each
subsequent annual report as of the close of its fiscal year
immediately preceding its extended filing month. It shall be
executed by the corporation by its president, a
vice-president, secretary, assistant secretary, treasurer or
other officer duly authorized by the board of directors of
the corporation to execute those reports, and verified by him
or her, or, if the corporation is in the hands of a receiver
or trustee, it shall be executed on behalf of the corporation
and verified by the receiver or trustee.
(Source: P.A. 91-593, eff. 8-14-99; revised 8-23-99.)
Section 101.5. The Uniform Commercial Code is amended by
changing Section 9-315.02 as follows:
(810 ILCS 5/9-315.02)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 9-315.02. 315.02. Disposal of collateral by debtor
to persons other than those previously disclosed to secured
party - penalties for violation - defense.
(1) Where, pursuant to Section 9-205.1, a secured party
has required that before the debtor sells or otherwise
disposes of collateral in the debtor's possession he disclose
to the secured party the persons to whom he desires to sell
or otherwise dispose of such collateral, it is unlawful for
the debtor to sell or otherwise dispose of the collateral to
a person other than a person so disclosed to the secured
party.
(2) An individual convicted of a violation of this
Section shall be guilty of a Class A misdemeanor.
(3) A corporation convicted of a violation of this
Section shall be guilty of a business offense and shall be
fined not less than $2,000 nor more than $10,000.
(4) In the event the debtor under the terms of a
security agreement is a corporation or a partnership, any
officer, director, manager, or managerial agent of the debtor
who violates this Section or causes the debtor to violate
this Section shall be guilty of a Class A misdemeanor.
(5) It is an affirmative defense to a prosecution for
the violation of this Section that the debtor has paid to the
secured party the proceeds from the sale or other disposition
of the collateral within 10 days after such sale or
disposition.
(Source: P.A. 91-893, eff. 7-1-01; revised 9-22-00.)
Section 102. The Illinois Business Brokers Act of 1995
is amended by changing Section 10-115 as follows:
(815 ILCS 307/10-115)
Sec. 10-115. Business broker lien.
(a) Any business broker shall have a lien upon the
tangible assets of a business located in this State that is
the subject of a business broker's written contract in the
amount due to the broker under the written contract.
(b) The lien shall be available to the business broker
named in the instrument signed by the owner of an interest in
the assets. The lien arising under this Act shall be in
addition to any other rights that a business broker may have.
(c) A lien under this Act does not attach unless and
until:
(1) the business broker is otherwise entitled to a
fee or commission under a written contract signed by the
seller or its duly authorized agent; and
(2) before the actual conveyance or transfer of the
business assets or property with respect to which the
business broker is claiming a lien, the business broker
files a notice of lien (i) as to real property, with the
recorder of the county in which the real property is
located or (ii) as to tangible personal property, in the
Office of the Secretary of State.
(d) When payment to a business broker is due in
installments, a portion of which is due only after the
conveyance or transfer of the tangible assets, any claim for
lien for those payments due after the transfer or conveyance
may be filed at any time subsequent to the transfer or
conveyance of the tangible assets and prior to the date on
which the payment is due but shall only be effective as a
lien against the tangible assets to the extent moneys are
still owed to the transferor by the transferee. In all other
respects, the lien shall attach as described in this
subsection.
(e) If a business broker has a written agreement with a
prospective purchaser, then the lien shall attach upon the
prospective purchaser purchasing or otherwise accepting a
conveyance or transfer of the real property or tangible
personal property of the business and the filing of a notice
of lien (i) in the recorder's office of the county in which
the real property is located, as to real property, and (ii)
in the Office of the Secretary of State, as to tangible
personal property, by the business broker within 90 days
after the transfer to the purchaser. The lien shall attach to
the interest purchased by the purchaser as of the date of the
filing of the notice of lien and does not relate back to the
date of the written contract.
(f) The business broker shall, within 10 days after
filing its notice of lien, mail a copy of the notice of lien
to the owner of the property by depositing it in the United
States mail, registered or certified mail, with return
receipt requested, or personally serve a copy of the notice
on the owner of record or his agent. Mailing of the copy of
the notice of claim for lien is effective if mailed to the
seller at the address of the business that is the subject of
the notice of lien or to another address that the seller or
purchaser has provided in writing to the business broker.
The broker's lien shall be unenforceable if mailing of the
copy of the notice of lien does not occur at the time and in
the manner required by this Act.
(g) A business broker may bring suit to enforce a lien
in the circuit court (i) in the county where the real
property is located, as to real property, or (ii) as to
tangible personal property, either in the county where the
personal property is located or where the principal office of
the owner of the personal property, or the owner's
residence, is located, by filing a complaint and sworn
affidavit that the lien has been filed.
(h) The person claiming a lien shall, within 2 years
after filing the lien, commence proceedings by filing a
complaint. Failure to commence proceedings within 2 years
after filing the lien shall extinguish the lien. No
subsequent notice of lien may be given for the same claim nor
may that claim be asserted in any proceedings under this Act.
(i) A complaint under this Section shall have attached
to it a copy of the written contract on which the lien is
founded and shall contain a description of the services
performed, the amount due and unpaid, a description of the
tangible assets of the business that are subject to the lien,
and other facts necessary for a full understanding of the
rights of the parties. The plaintiff shall make all
interested parties, of whose interest the plaintiff is
notified or has actual or constructive knowledge, defendants
to the action and shall issue summons and provide service as
in other civil actions. When any defendant resides or has
gone out of the State, or on inquiry cannot be found, or is
concealed within this State so that process cannot be served
on that defendant, the plaintiff shall cause a notice to be
given to that defendant, or cause a copy of the complaint to
be served upon that defendant, in the manner and upon the
same conditions as in other civil actions. Failure of the
plaintiff to provide proper summons or notice shall be
grounds for judgment against the plaintiff with prejudice.
Every lien claimed under this Act shall be foreclosed as
provided in the Illinois Mortgage Foreclosure Law, if the
lien is on real property, or as provided in the Uniform
Commercial Code, if the lien is on personal property.
(j) The lien notice shall state the name and address of
the claimant, the name of the purchaser or seller whose
property or assets are subject to the lien, a description of
the real or personal property that is subject to the lien,
the amount for which the lien is claimed, and the
registration number of the business broker. The notice of
lien shall recite that the information contained in the
notice is true and accurate to the knowledge of the signer.
The notice of lien shall be signed by the business broker or
by a person authorized to sign on behalf of the business
broker and shall be verified.
(k) Whenever a claim for lien has been filed with the
Office of the Secretary of State or the county recorder's
office and a condition occurs that would preclude the
business broker from receiving compensation under the terms
of the business broker's written agreement, the business
broker shall provide to the purchaser of the business, if the
lien is filed against the purchaser's assets of the business
that are subject to this Act, or the seller of the business,
if the lien is filed against the seller's assets of the
business that are subject to this Act, within 10 days
following demand by that party, a written release or
satisfaction of the lien.
(l) Upon written demand of the owner, lienee, or other
authorized agent, served on the person claiming the lien
requiring suit to be commenced to enforce the lien or answer
to be filed in a pending suit, a suit shall be commenced or
answer filed within 30 days thereafter, or the lien shall be
extinguished. Service may be by registered or certified
mail, return receipt requested, or by personal service.
(m) If a claim for lien has been filed with the Office
of the Secretary of State or the county recorder's office and
is paid, the business broker shall acknowledge satisfaction
or release of the lien, in writing, within 5 days after
payment.
(n) The cost of proceedings brought under this Act,
including reasonable attorneys' fees, costs, and prejudgment
interest due to the prevailing party, shall be borne by the
nonprevailing party or parties. When more than one party is
responsible for costs, fees, and prejudgment interest, the
costs, fees, and prejudgment interest shall be equitably
apportioned by the court among those responsible parties.
(o) Prior recorded liens and mortgages shall have
priority over a broker's lien. A prior recorded lien shall
include, without limitation, (i) a mechanic's lien claim,
(ii) prior recorded liens securing revolving credit or future
advances under construction loans as described in Section
15-1302 of the Code of Civil Procedure, and (iii) prior
recorded liens perfected under the Uniform Commercial Code.
(p) No lien under this Section 10-115 shall attach to
any real property asset of a business unless and until a
notice of lien is filed with the recorder of the county in
which the real property asset is located. A lien recorded
under this subsection (p) shall otherwise be subject to the
same notice, enforcement, and limitations as any other lien
under this Section. A copy of the notice of lien recorded
under this subsection (p) shall be filed with the Secretary
of State.
(Source: P.A. 90-70, eff. 7-8-97; 91-194, eff. 7-20-99;
91-534, eff. 1-1-00; revised 10-13-99.)
Section 103. The Illinois Pre-Need Cemetery Sales Act is
amended by changing Section 4 as follows:
(815 ILCS 390/4) (from Ch. 21, par. 204)
Sec. 4. Definitions. As used in this Act, the following
terms shall have the meaning specified:
(A) A. "Pre-need sales contract" or "Pre-need sales"
means any agreement or contract or series or combination of
agreements or contracts which have for a purpose the sale of
cemetery merchandise, cemetery services or undeveloped
interment, entombment or inurnment spaces where the terms of
such sale require payment or payments to be made at a
currently determinable time and where the merchandise,
services or completed spaces are to be provided more than 120
days following the initial payment on the account.
(B) B. "Delivery" occurs when:
(1) physical possession of the merchandise is
transferred or the easement for burial rights in a
completed space is executed, delivered and transferred to
the buyer; or
(2) title to the merchandise has been transferred
to the buyer and the merchandise has been paid for and is
in the possession of the seller who has placed it, until
needed, at the site of its ultimate use; or
(3) (A) the merchandise has been permanently
identified with the name of the buyer or the beneficiary
and delivered to a licensed and bonded warehouse and both
title to the merchandise and a warehouse receipt have
been delivered to the purchaser or beneficiary; except
that in the case of outer burial containers, the use of a
licensed and bonded warehouse as set forth in this
paragraph shall not constitute delivery for purposes of
this Act. Nothing herein shall prevent a seller from
perfecting a security interest in accordance with the
Uniform Commercial Code on any merchandise covered under
this Act.
(B) All warehouse facilities to which sellers
deliver merchandise pursuant to this Act shall:
(i) be either located in the State of Illinois
or qualify as a foreign warehouse facility as
defined herein;
(ii) submit to the Comptroller not less than
annually, by March 1 of each year, a report of all
cemetery merchandise stored by each licensee under
this Act which is in storage on the date of the
report;
(iii) permit the Comptroller or his designee
at any time to examine stored merchandise and to
examine any documents pertaining thereto;
(iv) submit evidence satisfactory to the
Comptroller that all merchandise stored by said
warehouse for licensees under this Act is insured
for casualty or other loss normally assumed by a
bailee for hire;
(v) demonstrate to the Comptroller that the
warehouse has procured and is maintaining a
performance bond in the form, content and amount
sufficient to unconditionally guarantee to the
purchaser or beneficiary the prompt shipment of the
cemetery merchandise.
(C) "Cemetery merchandise" means items of personal
property normally sold by a cemetery authority not covered
under the Illinois Funeral or Burial Funds Act, including but
not limited to:
(1) memorials,
(2) markers,
(3) monuments,
(4) foundations, and
(5) outer burial containers.
(D) "Undeveloped interment, entombment or inurnment
spaces" or "undeveloped spaces" means any space to be used
for the reception of human remains that is not completely and
totally constructed at the time of initial payment therefor
in a:
(1) lawn crypt,
(2) mausoleum,
(3) garden crypt,
(4) columbarium, or
(5) cemetery section.
(E) "Cemetery services" means those services customarily
performed by cemetery or crematory personnel in connection
with the interment, entombment, inurnment or cremation of a
dead human body.
(F) "Cemetery section" means a grouping of spaces
intended to be developed simultaneously for the purpose of
interring human remains.
(G) "Columbarium" means an arrangement of niches that
may be an entire building, a complete room, a series of
special indoor alcoves, a bank along a corridor or part of an
outdoor garden setting that is constructed of permanent
material such as bronze, marble, brick, stone or concrete for
the inurnment of human remains.
(H) "Lawn crypt" means a permanent underground crypt
usually constructed of reinforced concrete or similar
material installed in multiple units for the interment of
human remains.
(I) "Mausoleum" or "garden crypt" means a grouping of
spaces constructed of reinforced concrete or similar material
constructed or assembled above the ground for entombing human
remains.
(J) "Memorials, markers and monuments" means the object
usually comprised of a permanent material such as granite or
bronze used to identify and memorialize the deceased.
(K) "Foundations" means those items used to affix or
support a memorial or monument to the ground in connection
with the installation of a memorial, marker or monument.
(L) "Person" means an individual, corporation,
partnership, joint venture, business trust, voluntary
organization or any other form of entity.
(M) "Seller" means any person selling or offering for
sale cemetery merchandise, cemetery services or undeveloped
spaces on a pre-need basis.
(N) "Religious cemetery" means a cemetery owned,
operated, controlled or managed by any recognized church,
religious society, association or denomination or by any
cemetery authority or any corporation administering, or
through which is administered, the temporalities of any
recognized church, religious society, association or
denomination.
(O) "Municipal cemetery" means a cemetery owned,
operated, controlled or managed by any city, village,
incorporated town, township, county or other municipal
corporation, political subdivision, or instrumentality
thereof authorized by law to own, operate or manage a
cemetery.
(O-1) "Outer burial container" means a container made of
concrete, steel, wood, fiberglass, or similar material, used
solely at the interment site, and designed and used
exclusively to surround or enclose a separate casket and to
support the earth above such casket, commonly known as a
burial vault, grave box, or grave liner, but not including a
lawn crypt.
(P) "Sales price" means the gross amount paid by a
purchaser on a pre-need sales contract for cemetery
merchandise, cemetery services or undeveloped interment,
entombment or inurnment spaces, excluding sales taxes, credit
life insurance premiums, finance charges and Cemetery Care
Act contributions.
(Q) "Foreign warehouse facility" means a warehouse
facility now or hereafter located in any state or territory
of the United States, including the District of Columbia,
other than the State of Illinois.
A foreign warehouse facility shall be deemed to have
appointed the Comptroller to be its true and lawful attorney
upon whom may be served all legal process in any action or
proceeding against it relating to or growing out of this Act,
and the acceptance of the delivery of stored merchandise
under this Act shall be signification of its agreement that
any such process against it which is so served, shall be of
the same legal force and validity as though served upon it
personally.
Service of such process shall be made by delivering to
and leaving with the Comptroller, or any agent having charge
of the Comptroller's Department of Cemetery and Burial
Trusts, a copy of such process and such service shall be
sufficient service upon such foreign warehouse facility if
notice of such service and a copy of the process are, within
10 days thereafter, sent by registered mail by the plaintiff
to the foreign warehouse facility at its principal office and
the plaintiff's affidavit of compliance herewith is appended
to the summons. The Comptroller shall keep a record of all
process served upon him under this Section and shall record
therein the time of such service.
(Source: P.A. 91-7, eff. 1-1-2000; 91-357, eff. 7-29-99;
revised 8-30-99.)
Section 104. The Travel Promotion Consumer Protection
Act is amended by changing Section 7 as follows:
(815 ILCS 420/7) (from Ch. 121 1/2, par. 1857)
Sec. 7. Violation of any of the provisions of this Act
is an unlawful practice pursuant to Section 2Z 20 of the
"Consumer Fraud and Deceptive Business Practices Act",
approved July 24, 1961, as now or hereafter amended. All
remedies, penalties and authority granted to the Attorney
General by that Act shall be available to the Attorney
General him for the enforcement of this Act. In any action
brought by the Attorney General to enforce this Act, the
court may order that persons who incurred actual damages be
awarded the amount at which actual damages are assessed.
(Source: P.A. 85-995; revised 3-27-00.)
Section 105. The Uniform Deceptive Trade Practices Act
is amended by changing Section 2 as follows:
(815 ILCS 510/2) (from Ch. 121 1/2, par. 312)
Sec. 2. Deceptive trade practices.
(a) A person engages in a deceptive trade practice when,
in the course of his or her business, vocation, or
occupation, the person he:
(1) passes off goods or services as those of
another;
(2) causes likelihood of confusion or of
misunderstanding as to the source, sponsorship, approval,
or certification of goods or services;
(3) causes likelihood of confusion or of
misunderstanding as to affiliation, connection, or
association with or certification by another;
(4) uses deceptive representations or designations
of geographic origin in connection with goods or
services;
(5) represents that goods or services have
sponsorship, approval, characteristics, ingredients,
uses, benefits, or quantities that they do not have or
that a person has a sponsorship, approval, status,
affiliation, or connection that he or she does not have;
(6) represents that goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed,
used, or secondhand;
(7) represents that goods or services are of a
particular standard, quality, or grade or that goods are
a particular style or model, if they are of another;
(8) disparages the goods, services, or business of
another by false or misleading representation of fact;
(9) advertises goods or services with intent not to
sell them as advertised;
(10) advertises goods or services with intent not
to supply reasonably expectable public demand, unless the
advertisement discloses a limitation of quantity;
(11) makes make false or misleading statements of
fact concerning the reasons for, existence of, or amounts
of price reductions;
(12) engages in any other conduct which similarly
creates a likelihood of confusion or of misunderstanding.
(b) In order to prevail in an action under this Act, a
plaintiff need not prove competition between the parties or
actual confusion or misunderstanding.
(c) This Section does not affect unfair trade practices
otherwise actionable at common law or under other statutes of
this State.
(Source: P.A. 79-1365; revised 2-9-00)
Section 106. The Prevailing Wage Act is amended by
changing Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
(Text of Section before amendment by P.A. 91-935)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed for
public use by any public body, other than work done directly
by any public utility company, whether or not done under
public supervision or direction, or paid for wholly or in
part out of public funds. "Public works" as defined herein
includes all projects financed in whole or in part with bonds
issued under the Industrial Project Revenue Bond Act (Article
11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois
Development Finance Authority Act, or the Build Illinois Bond
Act, and all projects financed in whole or in part with loans
or other funds made available pursuant to the Build Illinois
Act.
"Construction" means all work on public works involving
laborers, workers or mechanics.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes
any other county nearest the one in which the work or
construction is to be performed and from which such persons
may be obtained in sufficient numbers to perform the work and
(2) that, with respect to contracts for highway work with the
Department of Transportation of this State, "locality" may at
the discretion of the Secretary of the Department of
Transportation be construed to include two or more adjacent
counties from which workers may be accessible for work on
such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, authorized by law to construct
public works or to enter into any contract for the
construction of public works, and includes every county,
city, town, village, township, school district, irrigation,
utility, reclamation improvement or other district and every
other political subdivision, district or municipality of the
state whether such political subdivision, municipality or
district operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar similiar character on public works.
(Source: P.A. 91-105, eff. 1-1-00; revised 10-7-99.)
(Text of Section after amendment by P.A. 91-935)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed for
public use by any public body, other than work done directly
by any public utility company, whether or not done under
public supervision or direction, or paid for wholly or in
part out of public funds. "Public works" as defined herein
includes all projects financed in whole or in part with bonds
issued under the Industrial Project Revenue Bond Act (Article
11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois
Development Finance Authority Act, the Illinois Sports
Facilities Authority Act, or the Build Illinois Bond Act, and
all projects financed in whole or in part with loans or other
funds made available pursuant to the Build Illinois Act.
"Construction" means all work on public works involving
laborers, workers or mechanics.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes
any other county nearest the one in which the work or
construction is to be performed and from which such persons
may be obtained in sufficient numbers to perform the work and
(2) that, with respect to contracts for highway work with the
Department of Transportation of this State, "locality" may at
the discretion of the Secretary of the Department of
Transportation be construed to include two or more adjacent
counties from which workers may be accessible for work on
such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, authorized by law to construct
public works or to enter into any contract for the
construction of public works, and includes every county,
city, town, village, township, school district, irrigation,
utility, reclamation improvement or other district and every
other political subdivision, district or municipality of the
state whether such political subdivision, municipality or
district operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 91-105, eff. 1-1-00; 91-935, eff. 6-1-01.)
Section 996. 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 997. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.10 from Ch. 127, par. 1904.10
5 ILCS 80/4.20
5 ILCS 80/4.21
5 ILCS 100/10-50 from Ch. 127, par. 1010-50
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 160/4a
5 ILCS 375/3 from Ch. 127, par. 523
5 ILCS 375/6.12
5 ILCS 375/6.13
5 ILCS 375/10 from Ch. 127, par. 530
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-30 from Ch. 46, par. 7-30
15 ILCS 320/7 from Ch. 128, par. 107
15 ILCS 505/16.5
20 ILCS 5/Art. 1 heading
20 ILCS 5/1-2 new
20 ILCS 5/1-5
20 ILCS 5/5-300 was 20 ILCS 5/9
20 ILCS 5/5-310 was 20 ILCS 5/9.21
20 ILCS 5/5-315 was 20 ILCS 5/9.02
20 ILCS 5/5-320 was 20 ILCS 5/9.19
20 ILCS 5/5-325 was 20 ILCS 5/9.16
20 ILCS 5/5-330 was 20 ILCS 5/9.18
20 ILCS 5/5-335 was 20 ILCS 5/9.11a
20 ILCS 5/5-340 was 20 ILCS 5/9.30
20 ILCS 5/5-345 was 20 ILCS 5/9.15
20 ILCS 5/5-350 was 20 ILCS 5/9.24
20 ILCS 5/5-355 was 20 ILCS 5/9.05a
20 ILCS 5/5-360 was 20 ILCS 5/9.10
20 ILCS 5/5-365 was 20 ILCS 5/9.03
20 ILCS 5/5-370 was 20 ILCS 5/9.31
20 ILCS 5/5-375 was 20 ILCS 5/9.09
20 ILCS 5/5-385 was 20 ILCS 5/9.25
20 ILCS 5/5-390 was 20 ILCS 5/9.08
20 ILCS 5/5-395 was 20 ILCS 5/9.17
20 ILCS 5/5-400 was 20 ILCS 5/9.07
20 ILCS 5/5-410 was 20 ILCS 5/9.11
20 ILCS 5/5-415 was 20 ILCS 5/9.05
20 ILCS 5/5-420 was 20 ILCS 5/9.22
20 ILCS 5/5-550 was 20 ILCS 5/6.23
20 ILCS 205/205-47 was 20 ILCS 205/40.43
20 ILCS 205/205-60 was 20 ILCS 205/40.35
20 ILCS 301/10-45
20 ILCS 510/510-5
20 ILCS 605/605-55 was 20 ILCS 605/46.21
20 ILCS 605/605-111 was 20 ILCS 605/46.34a
20 ILCS 605/605-112 was 20 ILCS 605/46.34b
20 ILCS 605/605-323 was 20 ILCS 605/46.76
20 ILCS 605/605-385 was 20 ILCS 605/46.62
20 ILCS 605/605-415
20 ILCS 605/605-512 was 20 ILCS 605/46.70
20 ILCS 605/605-550 was 20 ILCS 605/46.71
20 ILCS 605/605-615 was 20 ILCS 605/46.19e
20 ILCS 605/605-705 was 20 ILCS 605/46.6a
20 ILCS 605/605-817 was 20 ILCS 605/46.19k
20 ILCS 605/605-850 was 20 ILCS 605/46.32a in part
20 ILCS 605/605-855 was 20 ILCS 605/46.32a in part
20 ILCS 605/605-860 was 20 ILCS 605/46.32a in part
20 ILCS 605/605-940 was 20 ILCS 605/46.37
20 ILCS 655/5.3 from Ch. 67 1/2, par. 608
20 ILCS 1005/1005-110 was 20 ILCS 1005/44a
20 ILCS 1005/1005-130 was 20 ILCS 1005/43a.14
20 ILCS 1405/1405-20 was 20 ILCS 1405/56.3
20 ILCS 2105/2105-5 was 20 ILCS 2105/60b
20 ILCS 2105/2105-15 was 20 ILCS 2105/60
20 ILCS 2105/2105-30 was 20 ILCS 2105/60p
20 ILCS 2105/2105-75 was 20 ILCS 2105/61f
20 ILCS 2105/2105-120 was 20 ILCS 2105/60g
20 ILCS 2105/2105-150 was 20 ILCS 2105/60m
20 ILCS 2310/2310-205 was 20 ILCS 2310/55.57
20 ILCS 2310/2310-227 was 20 ILCS 2310/55.58a
20 ILCS 2310/2310-322 was 20 ILCS 2310/55.56a
20 ILCS 2310/2310-337 was 20 ILCS 2310/55.95
20 ILCS 2310/2310-350 was 20 ILCS 2310/55.70
20 ILCS 2310/2310-351 was 20 ILCS 2310/55.91
20 ILCS 2310/2310-370 was 20 ILCS 2310/55.76
20 ILCS 2310/2310-397 was 20 ILCS 2310/55.90
20 ILCS 2310/2310-398 was 20 ILCS 2310/55.91
20 ILCS 2310/2310-430 was 20 ILCS 2310/55.69
20 ILCS 2310/2310-537 was 20 ILCS 2310/55.75a
20 ILCS 2405/12a from Ch. 23, par. 3443a
20 ILCS 2505/2505-65 was 20 ILCS 2505/39b12
20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-330 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-475 was 20 ILCS 2605/55a in part
20 ILCS 2630/3 from Ch. 38, par. 206-3
20 ILCS 2705/2705-200 was 20 ILCS 2705/49.16
20 ILCS 3010/3 from Ch. 127, par. 3103
20 ILCS 3105/16 from Ch. 127, par. 783b
20 ILCS 3305/10 from Ch. 127, par. 1060
20 ILCS 3850/1-130
25 ILCS 70/3 from Ch. 63, par. 42.83
25 ILCS 70/9 from Ch. 63, par. 42.89
30 ILCS 105/5.490
30 ILCS 105/5.491
30 ILCS 105/5.492
30 ILCS 105/5.493
30 ILCS 105/5.494
30 ILCS 105/5.497
30 ILCS 105/5.498
30 ILCS 105/5.499
30 ILCS 105/5.501
30 ILCS 105/5.502
30 ILCS 105/5.503
30 ILCS 105/5.504
30 ILCS 105/5.505
30 ILCS 105/5.506
30 ILCS 105/5.507
30 ILCS 105/5.508
30 ILCS 105/5.509
30 ILCS 105/5.510
30 ILCS 105/5.511
30 ILCS 105/5.512
30 ILCS 105/5.513
30 ILCS 105/5.514
30 ILCS 105/5.515
30 ILCS 105/5.516
30 ILCS 105/5.517
30 ILCS 105/5.518
30 ILCS 105/5.519
30 ILCS 105/5.520
30 ILCS 105/5.521
30 ILCS 105/5.522
30 ILCS 105/5.523
30 ILCS 105/5.524
30 ILCS 105/5.525
30 ILCS 105/5.526
30 ILCS 105/5.527
30 ILCS 105/5.528
30 ILCS 105/5.529
30 ILCS 105/5.530
30 ILCS 105/5.531
30 ILCS 105/5.532
30 ILCS 105/5.533
30 ILCS 105/5.534
30 ILCS 105/5.535
30 ILCS 105/5.536
30 ILCS 105/5.540
30 ILCS 105/5.541
30 ILCS 105/5.542
30 ILCS 105/6z-43
30 ILCS 105/8.36
30 ILCS 105/8.37
30 ILCS 330/9 from Ch. 127, par. 659
30 ILCS 740/2-7 from Ch. 111 2/3, par. 667
30 ILCS 805/8.23
30 ILCS 805/8.24
35 ILCS 5/201 from Ch. 120, par. 2-201
35 ILCS 5/203 from Ch. 120, par. 2-203
35 ILCS 5/703 from Ch. 120, par. 7-703
35 ILCS 5/901 from Ch. 120, par. 9-901
35 ILCS 105/3-55 from Ch. 120, par. 439.3-55
35 ILCS 105/9 from Ch. 120, par. 439.9
35 ILCS 110/3-5 from Ch. 120, par. 439.33-5
35 ILCS 110/3-45 from Ch. 120, par. 439.33-45
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 120/3 from Ch. 120, par. 442
35 ILCS 145/6 from Ch. 120, par. 481b.36
35 ILCS 200/Art. 10, Div. 11 heading
35 ILCS 200/10-235
35 ILCS 200/10-240
35 ILCS 200/10-260
35 ILCS 200/Art. 10, Div. 12 heading
35 ILCS 200/10-300
35 ILCS 200/15-35
35 ILCS 200/15-105
35 ILCS 200/27-10
35 ILCS 505/1.2 from Ch. 120, par. 417.2
35 ILCS 505/1.14 from Ch. 120, par. 417.14
35 ILCS 505/8 from Ch. 120, par. 424
35 ILCS 635/22
40 ILCS 5/1-109.1 from Ch. 108 1/2, par. 1-109.1
40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3
40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136
40 ILCS 5/15-139 from Ch. 108 1/2, par. 15-139
40 ILCS 5/15-154 from Ch. 108 1/2, par. 15-154
40 ILCS 5/16-138 from Ch. 108 1/2, par. 16-138
50 ILCS 20/18 from Ch. 85, par. 1048
50 ILCS 205/3b
50 ILCS 750/15.6
55 ILCS 5/3-5018 from Ch. 34, par. 3-5018
60 ILCS 1/105-35
65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
65 ILCS 5/11-74.4-4 from Ch. 24, par. 11-74.4-4
65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
70 ILCS 210/23.1 from Ch. 85, par. 1243.1
70 ILCS 905/24 from Ch. 111 1/2, par. 20.4
70 ILCS 2605/8c from Ch. 42, par. 327c
70 ILCS 3205/9 from Ch. 85, par. 6009
70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
105 ILCS 5/2-3.126
105 ILCS 5/2-3.128
105 ILCS 5/2-3.129
105 ILCS 5/2-3.130
105 ILCS 5/10-20.31
105 ILCS 5/10-20.32
105 ILCS 5/10-20.33
105 ILCS 5/14-8.05 from Ch. 122, par. 14-8.05
105 ILCS 5/18-8.05
105 ILCS 5/21-2 from Ch. 122, par. 21-2
105 ILCS 5/27A-4
105 ILCS 5/27A-9
105 ILCS 5/27A-11.5
105 ILCS 5/34-8.3 from Ch. 122, par. 34-8.3
105 ILCS 5/34-18.18
105 ILCS 5/34-18.19
105 ILCS 5/34-18.20
105 ILCS 125/8 from Ch. 122, par. 712.8
110 ILCS 12/15
110 ILCS 310/1 from Ch. 144, par. 41
110 ILCS 520/2 from Ch. 144, par. 652
110 ILCS 520/5 from Ch. 144, par. 655
110 ILCS 660/5-15
110 ILCS 660/5-25
110 ILCS 665/10-15
110 ILCS 665/10-25
110 ILCS 670/15-15
110 ILCS 670/15-25
110 ILCS 675/20-15
110 ILCS 675/20-25
110 ILCS 680/25-15
110 ILCS 680/25-25
110 ILCS 685/30-15
110 ILCS 685/30-25
110 ILCS 690/35-15
110 ILCS 690/35-25
110 ILCS 805/2-16.04
110 ILCS 805/2-16.05
110 ILCS 935/4.10 from Ch. 144, par. 1454.10
205 ILCS 405/4.2 from Ch. 17, par. 4810
215 ILCS 5/131.12a from Ch. 73, par. 743.12a
215 ILCS 5/143.13 from Ch. 73, par. 755.13
215 ILCS 5/143.19 from Ch. 73, par. 755.19
215 ILCS 93/15
215 ILCS 106/22
215 ILCS 109/60
215 ILCS 125/1-3 from Ch. 111 1/2, par. 1402.1
215 ILCS 125/2-7 from Ch. 111 1/2, par. 1407
215 ILCS 152/10
215 ILCS 155/3 from Ch. 73, par. 1403
220 ILCS 5/4-101 from Ch. 111 2/3, par. 4-101
225 ILCS 46/15
225 ILCS 50/33 from Ch. 111, par. 7433
225 ILCS 60/21 from Ch. 111, par. 4400-21
225 ILCS 85/9 from Ch. 111, par. 4129
225 ILCS 105/23 from Ch. 111, par. 5023
225 ILCS 305/3 from Ch. 111, par. 1303
225 ILCS 305/8 from Ch. 111, par. 1308
225 ILCS 305/12 from Ch. 111, par. 1312
225 ILCS 305/38 from Ch. 111, par. 1338
225 ILCS 310/4 from Ch. 111, par. 8204
225 ILCS 310/30 from Ch. 111, par. 8230
225 ILCS 315/15 from Ch. 111, par. 8115
225 ILCS 325/4 from Ch. 111, par. 5204
225 ILCS 325/23 from Ch. 111, par. 5223
225 ILCS 325/44 from Ch. 111, par. 5244
225 ILCS 325/47 from Ch. 111, par. 5247
225 ILCS 330/4 from Ch. 111, par. 3254
225 ILCS 330/48 from Ch. 111, par. 3298
225 ILCS 407/5-10
225 ILCS 446/30
225 ILCS 454/5-20
225 ILCS 454/15-20
225 ILCS 650/5 from Ch. 56 1/2, par. 305
230 ILCS 5/12.1 from Ch. 8, par. 37-12.1
230 ILCS 5/28 from Ch. 8, par. 37-28
240 ILCS 40/1-10
240 ILCS 40/1-15
305 ILCS 5/5-2 from Ch. 23, par. 5-2
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/9-1 from Ch. 23, par. 9-1
305 ILCS 5/10-3.1 from Ch. 23, par. 10-3.1
305 ILCS 5/10-8 from Ch. 23, par. 10-8
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-10.5 from Ch. 23, par. 10-10.5
305 ILCS 5/10-11.1 from Ch. 23, par. 10-11.1
305 ILCS 5/10-15 from Ch. 23, par. 10-15
305 ILCS 5/10-16 from Ch. 23, par. 10-16
305 ILCS 5/10-19 from Ch. 23, par. 10-19
305 ILCS 5/12-9 from Ch. 23, par. 12-9
320 ILCS 10/2 from Ch. 23, par. 6202
320 ILCS 20/2 from Ch. 23, par. 6602
320 ILCS 20/3.5
325 ILCS 5/4 from Ch. 23, par. 2054
405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1
405 ILCS 5/3-603 from Ch. 91 1/2, par. 3-603
405 ILCS 5/3-704 from Ch. 91 1/2, par. 3-704
405 ILCS 5/3-820 from Ch. 91 1/2, par. 3-820
410 ILCS 65/4 from Ch. 111 1/2, par. 8054
410 ILCS 535/25.5
415 ILCS 5/19.2 from Ch. 111 1/2, par. 1019.2
415 ILCS 5/19.3 from Ch. 111 1/2, par. 1019.3
415 ILCS 5/19.4 from Ch. 111 1/2, par. 1019.4
415 ILCS 5/19.5 from Ch. 111 1/2, par. 1019.5
415 ILCS 5/19.6 from Ch. 111 1/2, par. 1019.6
415 ILCS 5/31.1 from Ch. 111 1/2, par. 1031.1
415 ILCS 5/55.6 from Ch. 111 1/2, par. 1055.6
415 ILCS 5/58.15
415 ILCS 5/58.16
415 ILCS 45/1 from Ch. 111 1/2, par. 501
415 ILCS 45/10 from Ch. 111 1/2, par. 510
415 ILCS 65/3 from Ch. 5, par. 853
420 ILCS 40/4 from Ch. 111 1/2, par. 210-4
420 ILCS 40/11 from Ch. 111 1/2, par. 210-11
420 ILCS 40/25 from Ch. 111 1/2, par. 210-25
505 ILCS 82/20
510 ILCS 70/16 from Ch. 8, par. 716
510 ILCS 77/20
605 ILCS 10/20.1 from Ch. 121, par. 100-20.1
625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616
625 ILCS 5/3-818 from Ch. 95 1/2, par. 3-818
625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821
625 ILCS 5/6-110.1
625 ILCS 5/6-210 from Ch. 95 1/2, par. 6-210
625 ILCS 5/7-707
625 ILCS 5/11-501.5 from Ch. 95 1/2, par. 11-501.5
625 ILCS 5/12-201 from Ch. 95 1/2, par. 12-201
705 ILCS 65/6 from Ch. 37, par. 646
705 ILCS 78/5
705 ILCS 105/27.1 from Ch. 25, par. 27.1
705 ILCS 105/27.1a from Ch. 25, par. 27.1a
705 ILCS 105/27.2 from Ch. 25, par. 27.2
705 ILCS 405/5-130
705 ILCS 405/5-160
705 ILCS 405/5-170
705 ILCS 405/5-615
720 ILCS 5/9-3 from Ch. 38, par. 9-3
720 ILCS 5/11-15 from Ch. 38, par. 11-15
720 ILCS 5/11-18 from Ch. 38, par. 11-18
720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1
720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
720 ILCS 5/12-4 from Ch. 38, par. 12-4
720 ILCS 5/12-9 from Ch. 38, par. 12-9
720 ILCS 5/12-14.1
720 ILCS 5/16-1 from Ch. 38, par. 16-1
720 ILCS 5/17-2 from Ch. 38, par. 17-2
720 ILCS 5/17-23
720 ILCS 5/17-24
720 ILCS 5/Art. 20.5 heading
720 ILCS 5/21-1.5
720 ILCS 5/26-1 from Ch. 38, par. 26-1
720 ILCS 5/33C-5 from Ch. 38, par. 33C-5
720 ILCS 5/33E-2 from Ch. 38, par. 33E-2
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/407 from Ch. 56 1/2, par. 1407
725 ILCS 5/110-7 from Ch. 38, par. 110-7
725 ILCS 5/114-1 from Ch. 38, par. 114-1
725 ILCS 207/15
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
730 ILCS 5/5-5-6 from Ch. 38, par. 1005-5-6
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
730 ILCS 150/6 from Ch. 38, par. 226
730 ILCS 150/10 from Ch. 38, par. 230
730 ILCS 152/120
735 ILCS 5/7-103 from Ch. 110, par. 7-103
735 ILCS 5/7-103.48
735 ILCS 5/7-103.68
735 ILCS 5/7-103.71 new
735 ILCS 5/7-103.72 new
735 ILCS 5/7-103.73 new
735 ILCS 5/7-103.74 new
735 ILCS 5/7-103.75 new
735 ILCS 5/7-103.76 new
735 ILCS 5/7-103.77 new
735 ILCS 5/7-103.78 new
735 ILCS 5/7-103.79 new
735 ILCS 5/7-103.80 new
735 ILCS 5/7-103.81 new
735 ILCS 5/7-103.82 new
735 ILCS 5/7-103.83 new
735 ILCS 5/7-103.84 new
735 ILCS 5/7-103.85 new
735 ILCS 5/7-103.86 new
735 ILCS 5/7-103.87 new
735 ILCS 5/7-103.88 new
735 ILCS 5/7-103.89 new
735 ILCS 5/7-103.90 new
735 ILCS 5/7-103.91 new
735 ILCS 5/7-103.92 new
735 ILCS 5/7-103.93 new
735 ILCS 5/7-103.94 new
735 ILCS 5/7-103.95 new
735 ILCS 5/7-103.96 new
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 5/505.2 from Ch. 40, par. 505.2
750 ILCS 5/505.3 from Ch. 40, par. 505.3
750 ILCS 5/705 from Ch. 40, par. 705
750 ILCS 5/709 from Ch. 40, par. 709
750 ILCS 5/713 from Ch. 40, par. 713
750 ILCS 16/23 new
750 ILCS 16/60
750 ILCS 25/6 from Ch. 40, par. 2706
750 ILCS 45/6 from Ch. 40, par. 2506
750 ILCS 45/15 from Ch. 40, par. 2515
750 ILCS 45/21 from Ch. 40, par. 2521
750 ILCS 50/1 from Ch. 40, par. 1501
750 ILCS 50/18.1 from Ch. 40, par. 1522.1
755 ILCS 60/2 from Ch. 110 1/2, par. 752
765 ILCS 50/3 from Ch. 5, par. 603
765 ILCS 1025/2 from Ch. 141, par. 102
805 ILCS 5/13.45 from Ch. 32, par. 13.45
805 ILCS 5/14.05 from Ch. 32, par. 14.05
810 ILCS 5/9-315.02
815 ILCS 307/10-115
815 ILCS 390/4 from Ch. 21, par. 204
815 ILCS 420/7 from Ch. 121 1/2, par. 1857
815 ILCS 510/2 from Ch. 121 1/2, par. 312
820 ILCS 130/2 from Ch. 48, par. 39s-2
Passed in the General Assembly May 02, 2001.
Approved June 28, 2001.
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