[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB1268enr
SEE INDEX
Creates the Second 1997 General Revisory Act. Combines
multiple versions of Sections amended by more than one Public
Act. Renumbers Sections of various Acts to eliminate
duplication. Corrects obsolete citations and technical
errors. Makes stylistic changes. Effective immediately.
LRB9000999EGfg
HB1268 Enrolled LRB9000999EGfg
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 1998 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to include the different versions of the Section
24 found in the Public Acts included in the list of sources, but
25 may not include other versions of the Section to be found in
26 Public Acts not included in the list of sources. The list of
27 sources is not a part of the text of the Section.
28 (d) Public Acts 89-708 through 90-566 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
HB1268 Enrolled -2- LRB9000999EGfg
1 (5 ILCS 80/4.9 rep.)
2 Section 5. Section 4.9 of the Regulatory Agency Sunset
3 Act is repealed.
4 Section 6. The Regulatory Agency Sunset Act is amended
5 by changing Section 4.18 as follows:
6 (5 ILCS 80/4.18)
7 Sec. 4.18. Acts Act repealed January 1, 2008. The
8 following Acts are Act is repealed on January 1, 2008:
9 The Acupuncture Practice Act.
10 The Clinical Social Work and Social Work Practice Act.
11 The Home Medical Equipment and Services Provider License
12 Act.
13 The Illinois Nursing Act of 1987.
14 The Illinois Speech-Language Pathology and Audiology
15 Practice Act.
16 The Marriage and Family Therapy Licensing Act.
17 The Nursing Home Administrators Licensing and
18 Disciplinary Act.
19 The Pharmacy Practice Act of 1987.
20 The Physician Assistant Practice Act of 1987.
21 The Podiatric Medical Practice Act of 1987.
22 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
23 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
24 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised
25 12-30-97.)
26 Section 7. The Illinois Administrative Procedure Act is
27 amended by changing Section 1-5 as follows:
28 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
29 Sec. 1-5. Applicability.
30 (a) This Act applies to every agency as defined in this
HB1268 Enrolled -3- LRB9000999EGfg
1 Act. Beginning January 1, 1978, in case of conflict between
2 the provisions of this Act and the Act creating or conferring
3 power on an agency, this Act shall control. If, however, an
4 agency (or its predecessor in the case of an agency that has
5 been consolidated or reorganized) has existing procedures on
6 July 1, 1977, specifically for contested cases or licensing,
7 those existing provisions control, except that this exception
8 respecting contested cases and licensing does not apply if
9 the Act creating or conferring power on the agency adopts by
10 express reference the provisions of this Act. Where the Act
11 creating or conferring power on an agency establishes
12 administrative procedures not covered by this Act, those
13 procedures shall remain in effect.
14 (b) The provisions of this Act do not apply to (i)
15 preliminary hearings, investigations, or practices where no
16 final determinations affecting State funding are made by the
17 State Board of Education, (ii) legal opinions issued under
18 Section 2-3.7 of the School Code, (iii) as to State colleges
19 and universities, their disciplinary and grievance
20 proceedings, academic irregularity and capricious grading
21 proceedings, and admission standards and procedures, and (iv)
22 the class specifications for positions and individual
23 position descriptions prepared and maintained under the
24 Personnel Code. Those class specifications shall, however,
25 be made reasonably available to the public for inspection and
26 copying. The provisions of this Act do not apply to hearings
27 under Section 20 of the Uniform Disposition of Unclaimed
28 Property Act.
29 (c) Section 5-35 of this Act relating to procedures for
30 rulemaking does not apply to the following:
31 (1) Rules adopted by the Pollution Control Board
32 that, in accordance with Section 7.2 of the Environmental
33 Protection Act, are identical in substance to federal
34 regulations or amendments to those regulations
HB1268 Enrolled -4- LRB9000999EGfg
1 implementing the following: Sections 3001, 3002, 3003,
2 3004, 3005, and 9003 of the Solid Waste Disposal Act;
3 Section 105 of the Comprehensive Environmental Response,
4 Compensation, and Liability Act of 1980; Sections 307(b),
5 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
6 Water Pollution Control Act; and Sections 1412(b),
7 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
8 Water Act.
9 (2) Rules adopted by the Pollution Control Board
10 that establish or amend standards for the emission of
11 hydrocarbons and carbon monoxide from gasoline powered
12 motor vehicles subject to inspection under Section
13 13A-105 of the Vehicle Emissions Inspection Law and rules
14 adopted under Section 13B-20 of the Vehicle Emissions
15 Inspection Law of 1995.
16 (3) Procedural rules adopted by the Pollution
17 Control Board governing requests for exceptions under
18 Section 14.2 of the Environmental Protection Act.
19 (4) The Pollution Control Board's grant, pursuant
20 to an adjudicatory determination, of an adjusted standard
21 for persons who can justify an adjustment consistent with
22 subsection (a) of Section 27 of the Environmental
23 Protection Act.
24 (5) Rules adopted by the Pollution Control Board
25 that are identical in substance to the regulations
26 adopted by the Office of the State Fire Marshal under
27 clause (ii) of paragraph (b) of subsection (3) of Section
28 2 of the Gasoline Storage Act.
29 (d) Pay rates established under Section 8a of the
30 Personnel Code shall be amended or repealed pursuant to the
31 process set forth in Section 5-50 within 30 days after it
32 becomes necessary to do so due to a conflict between the
33 rates and the terms of a collective bargaining agreement
34 covering the compensation of an employee subject to that
HB1268 Enrolled -5- LRB9000999EGfg
1 Code.
2 (e) Section 10-45 of this Act shall not apply to any
3 hearing, proceeding, or investigation conducted under Section
4 13-515 of the Public Utilities Act.
5 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
6 revised 10-24-97.)
7 Section 8. The Freedom of Information Act is amended by
8 changing Section 7 as follows:
9 (5 ILCS 140/7) (from Ch. 116, par. 207)
10 Sec. 7. Exemptions.
11 (1) The following shall be exempt from inspection and
12 copying:
13 (a) Information specifically prohibited from
14 disclosure by federal or State law or rules and
15 regulations adopted under federal or State law.
16 (b) Information that, if disclosed, would
17 constitute a clearly unwarranted invasion of personal
18 privacy, unless the disclosure is consented to in writing
19 by the individual subjects of the information. The
20 disclosure of information that bears on the public duties
21 of public employees and officials shall not be considered
22 an invasion of personal privacy. Information exempted
23 under this subsection (b) shall include but is not
24 limited to:
25 (i) files and personal information maintained
26 with respect to clients, patients, residents,
27 students or other individuals receiving social,
28 medical, educational, vocational, financial,
29 supervisory or custodial care or services directly
30 or indirectly from federal agencies or public
31 bodies;
32 (ii) personnel files and personal information
HB1268 Enrolled -6- LRB9000999EGfg
1 maintained with respect to employees, appointees or
2 elected officials of any public body or applicants
3 for those positions;
4 (iii) files and personal information
5 maintained with respect to any applicant, registrant
6 or licensee by any public body cooperating with or
7 engaged in professional or occupational
8 registration, licensure or discipline;
9 (iv) information required of any taxpayer in
10 connection with the assessment or collection of any
11 tax unless disclosure is otherwise required by State
12 statute; and
13 (v) information revealing the identity of
14 persons who file complaints with or provide
15 information to administrative, investigative, law
16 enforcement or penal agencies; provided, however,
17 that identification of witnesses to traffic
18 accidents, traffic accident reports, and rescue
19 reports may be provided by agencies of local
20 government, except in a case for which a criminal
21 investigation is ongoing, without constituting a
22 clearly unwarranted per se invasion of personal
23 privacy under this subsection.
24 (c) Records compiled by any public body for
25 administrative enforcement proceedings and any law
26 enforcement or correctional agency for law enforcement
27 purposes or for internal matters of a public body, but
28 only to the extent that disclosure would:
29 (i) interfere with pending or actually and
30 reasonably contemplated law enforcement proceedings
31 conducted by any law enforcement or correctional
32 agency;
33 (ii) interfere with pending administrative
34 enforcement proceedings conducted by any public
HB1268 Enrolled -7- LRB9000999EGfg
1 body;
2 (iii) deprive a person of a fair trial or an
3 impartial hearing;
4 (iv) unavoidably disclose the identity of a
5 confidential source or confidential information
6 furnished only by the confidential source;
7 (v) disclose unique or specialized
8 investigative techniques other than those generally
9 used and known or disclose internal documents of
10 correctional agencies related to detection,
11 observation or investigation of incidents of crime
12 or misconduct;
13 (vi) constitute an invasion of personal
14 privacy under subsection (b) of this Section;
15 (vii) endanger the life or physical safety of
16 law enforcement personnel or any other person; or
17 (viii) obstruct an ongoing criminal
18 investigation.
19 (d) Criminal history record information maintained
20 by State or local criminal justice agencies, except the
21 following which shall be open for public inspection and
22 copying:
23 (i) chronologically maintained arrest
24 information, such as traditional arrest logs or
25 blotters;
26 (ii) the name of a person in the custody of a
27 law enforcement agency and the charges for which
28 that person is being held;
29 (iii) court records that are public;
30 (iv) records that are otherwise available
31 under State or local law; or
32 (v) records in which the requesting party is
33 the individual identified, except as provided under
34 part (vii) of paragraph (c) of subsection (1) of
HB1268 Enrolled -8- LRB9000999EGfg
1 this Section.
2 "Criminal history record information" means data
3 identifiable to an individual and consisting of
4 descriptions or notations of arrests, detentions,
5 indictments, informations, pre-trial proceedings, trials,
6 or other formal events in the criminal justice system or
7 descriptions or notations of criminal charges (including
8 criminal violations of local municipal ordinances) and
9 the nature of any disposition arising therefrom,
10 including sentencing, court or correctional supervision,
11 rehabilitation and release. The term does not apply to
12 statistical records and reports in which individuals are
13 not identified and from which their identities are not
14 ascertainable, or to information that is for criminal
15 investigative or intelligence purposes.
16 (e) Records that relate to or affect the security
17 of correctional institutions and detention facilities.
18 (f) Preliminary drafts, notes, recommendations,
19 memoranda and other records in which opinions are
20 expressed, or policies or actions are formulated, except
21 that a specific record or relevant portion of a record
22 shall not be exempt when the record is publicly cited and
23 identified by the head of the public body. The exemption
24 provided in this paragraph (f) extends to all those
25 records of officers and agencies of the General Assembly
26 that pertain to the preparation of legislative documents.
27 (g) Trade secrets and commercial or financial
28 information obtained from a person or business where the
29 trade secrets or information are proprietary, privileged
30 or confidential, or where disclosure of the trade secrets
31 or information may cause competitive harm, including all
32 information determined to be confidential under Section
33 4002 of the Technology Advancement and Development Act.
34 Nothing contained in this paragraph (g) shall be
HB1268 Enrolled -9- LRB9000999EGfg
1 construed to prevent a person or business from consenting
2 to disclosure.
3 (h) Proposals and bids for any contract, grant, or
4 agreement, including information which if it were
5 disclosed would frustrate procurement or give an
6 advantage to any person proposing to enter into a
7 contractor agreement with the body, until an award or
8 final selection is made. Information prepared by or for
9 the body in preparation of a bid solicitation shall be
10 exempt until an award or final selection is made.
11 (i) Valuable formulae, designs, drawings and
12 research data obtained or produced by any public body
13 when disclosure could reasonably be expected to produce
14 private gain or public loss.
15 (j) Test questions, scoring keys and other
16 examination data used to administer an academic
17 examination or determined the qualifications of an
18 applicant for a license or employment.
19 (k) Architects' plans and engineers' technical
20 submissions for projects not constructed or developed in
21 whole or in part with public funds and for projects
22 constructed or developed with public funds, to the extent
23 that disclosure would compromise security.
24 (l) Library circulation and order records
25 identifying library users with specific materials.
26 (m) Minutes of meetings of public bodies closed to
27 the public as provided in the Open Meetings Act until the
28 public body makes the minutes available to the public
29 under Section 2.06 of the Open Meetings Act.
30 (n) Communications between a public body and an
31 attorney or auditor representing the public body that
32 would not be subject to discovery in litigation, and
33 materials prepared or compiled by or for a public body in
34 anticipation of a criminal, civil or administrative
HB1268 Enrolled -10- LRB9000999EGfg
1 proceeding upon the request of an attorney advising the
2 public body, and materials prepared or compiled with
3 respect to internal audits of public bodies.
4 (o) Information received by a primary or secondary
5 school, college or university under its procedures for
6 the evaluation of faculty members by their academic
7 peers.
8 (p) Administrative or technical information
9 associated with automated data processing operations,
10 including but not limited to software, operating
11 protocols, computer program abstracts, file layouts,
12 source listings, object modules, load modules, user
13 guides, documentation pertaining to all logical and
14 physical design of computerized systems, employee
15 manuals, and any other information that, if disclosed,
16 would jeopardize the security of the system or its data
17 or the security of materials exempt under this Section.
18 (q) Documents or materials relating to collective
19 negotiating matters between public bodies and their
20 employees or representatives, except that any final
21 contract or agreement shall be subject to inspection and
22 copying.
23 (r) Drafts, notes, recommendations and memoranda
24 pertaining to the financing and marketing transactions of
25 the public body. The records of ownership, registration,
26 transfer, and exchange of municipal debt obligations, and
27 of persons to whom payment with respect to these
28 obligations is made.
29 (s) The records, documents and information relating
30 to real estate purchase negotiations until those
31 negotiations have been completed or otherwise terminated.
32 With regard to a parcel involved in a pending or actually
33 and reasonably contemplated eminent domain proceeding
34 under Article VII of the Code of Civil Procedure,
HB1268 Enrolled -11- LRB9000999EGfg
1 records, documents and information relating to that
2 parcel shall be exempt except as may be allowed under
3 discovery rules adopted by the Illinois Supreme Court.
4 The records, documents and information relating to a real
5 estate sale shall be exempt until a sale is consummated.
6 (t) Any and all proprietary information and records
7 related to the operation of an intergovernmental risk
8 management association or self-insurance pool or jointly
9 self-administered health and accident cooperative or
10 pool.
11 (u) Information concerning a university's
12 adjudication of student or employee grievance or
13 disciplinary cases, to the extent that disclosure would
14 reveal the identity of the student or employee and
15 information concerning any public body's adjudication of
16 student or employee grievances or disciplinary cases,
17 except for the final outcome of the cases.
18 (v) Course materials or research materials used by
19 faculty members.
20 (w) Information related solely to the internal
21 personnel rules and practices of a public body.
22 (x) Information contained in or related to
23 examination, operating, or condition reports prepared by,
24 on behalf of, or for the use of a public body responsible
25 for the regulation or supervision of financial
26 institutions or insurance companies, unless disclosure is
27 otherwise required by State law.
28 (y) Information the disclosure of which is
29 restricted under Section 5-108 of the Public Utilities
30 Act.
31 (z) Manuals or instruction to staff that relate to
32 establishment or collection of liability for any State
33 tax or that relate to investigations by a public body to
34 determine violation of any criminal law.
HB1268 Enrolled -12- LRB9000999EGfg
1 (aa) Applications, related documents, and medical
2 records received by the Experimental Organ
3 Transplantation Procedures Board and any and all
4 documents or other records prepared by the Experimental
5 Organ Transplantation Procedures Board or its staff
6 relating to applications it has received.
7 (bb) Insurance or self insurance (including any
8 intergovernmental risk management association or self
9 insurance pool) claims, loss or risk management
10 information, records, data, advice or communications.
11 (cc) Information and records held by the Department
12 of Public Health and its authorized representatives
13 relating to known or suspected cases of sexually
14 transmissible disease or any information the disclosure
15 of which is restricted under the Illinois Sexually
16 Transmissible Disease Control Act.
17 (dd) Information the disclosure of which is
18 exempted under Section 30 of the Radon Industry Licensing
19 Act.
20 (ee) Firm performance evaluations under Section 55
21 of the Architectural, Engineering, and Land Surveying
22 Qualifications Based Selection Act.
23 (ff) Security portions of system safety program
24 plans, investigation reports, surveys, schedules, lists,
25 data, or information compiled, collected, or prepared by
26 or for the Regional Transportation Authority under
27 Section 2.11 of the Regional Transportation Authority Act
28 or the State of Missouri under the Bi-State Transit
29 Safety Act.
30 (gg) (ff) Information the disclosure of which is
31 restricted and exempted under Section 50 of the Illinois
32 Prepaid Tuition Act.
33 (2) This Section does not authorize withholding of
34 information or limit the availability of records to the
HB1268 Enrolled -13- LRB9000999EGfg
1 public, except as stated in this Section or otherwise
2 provided in this Act.
3 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
4 90-546, eff. 12-1-97; revised 12-24-97.)
5 Section 9. The Illinois Public Labor Relations Act is
6 amended by changing Sections 3 and 14 as follows:
7 (5 ILCS 315/3) (from Ch. 48, par. 1603)
8 Sec. 3. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 (a) "Board" or "Governing Board" means either the
11 Illinois State Labor Relations Board or the Illinois Local
12 Labor Relations Board.
13 (b) "Collective bargaining" means bargaining over terms
14 and conditions of employment, including hours, wages, and
15 other conditions of employment, as detailed in Section 7 and
16 which are not excluded by Section 4.
17 (c) "Confidential employee" means an employee who, in
18 the regular course of his or her duties, assists and acts in
19 a confidential capacity to persons who formulate, determine,
20 and effectuate management policies with regard to labor
21 relations or who, in the regular course of his or her duties,
22 has authorized access to information relating to the
23 effectuation or review of the employer's collective
24 bargaining policies.
25 (d) "Craft employees" means skilled journeymen, crafts
26 persons, and their apprentices and helpers.
27 (e) "Essential services employees" means those public
28 employees performing functions so essential that the
29 interruption or termination of the function will constitute a
30 clear and present danger to the health and safety of the
31 persons in the affected community.
32 (f) "Exclusive representative", except with respect to
HB1268 Enrolled -14- LRB9000999EGfg
1 non-State fire fighters and paramedics employed by fire
2 departments and fire protection districts, non-State peace
3 officers, and peace officers in the Department of State
4 Police, means the labor organization that has been (i)
5 designated by the Board as the representative of a majority
6 of public employees in an appropriate bargaining unit in
7 accordance with the procedures contained in this Act, (ii)
8 historically recognized by the State of Illinois or any
9 political subdivision of the State before July 1, 1984 (the
10 effective date of this Act) as the exclusive representative
11 of the employees in an appropriate bargaining unit, or (iii)
12 after July 1, 1984 (the effective date of this Act)
13 recognized by an employer upon evidence, acceptable to the
14 Board, that the labor organization has been designated as the
15 exclusive representative by a majority of the employees in an
16 appropriate bargaining unit.
17 With respect to non-State fire fighters and paramedics
18 employed by fire departments and fire protection districts,
19 non-State peace officers, and peace officers in the
20 Department of State Police, "exclusive representative" means
21 the labor organization that has been (i) designated by the
22 Board as the representative of a majority of peace officers
23 or fire fighters in an appropriate bargaining unit in
24 accordance with the procedures contained in this Act, (ii)
25 historically recognized by the State of Illinois or any
26 political subdivision of the State before January 1, 1986
27 (the effective date of this amendatory Act of 1985) as the
28 exclusive representative by a majority of the peace officers
29 or fire fighters in an appropriate bargaining unit, or (iii)
30 after January 1, 1986 (the effective date of this amendatory
31 Act of 1985) recognized by an employer upon evidence,
32 acceptable to the Board, that the labor organization has been
33 designated as the exclusive representative by a majority of
34 the peace officers or fire fighters in an appropriate
HB1268 Enrolled -15- LRB9000999EGfg
1 bargaining unit.
2 (g) "Fair share agreement" means an agreement between
3 the employer and an employee organization under which all or
4 any of the employees in a collective bargaining unit are
5 required to pay their proportionate share of the costs of the
6 collective bargaining process, contract administration, and
7 pursuing matters affecting wages, hours, and other conditions
8 of employment, but not to exceed the amount of dues uniformly
9 required of members. The amount certified by the exclusive
10 representative shall not include any fees for contributions
11 related to the election or support of any candidate for
12 political office. Nothing in this subsection (g) shall
13 preclude an employee from making voluntary political
14 contributions in conjunction with his or her fair share
15 payment.
16 (g-1) "Fire fighter" means, for the purposes of this Act
17 only, any person who has been or is hereafter appointed to a
18 fire department or fire protection district or employed by a
19 state university and sworn or commissioned to perform fire
20 fighter duties or paramedic duties, except that the following
21 persons are not included: part-time fire fighters, auxiliary,
22 reserve or voluntary fire fighters, including paid on-call
23 fire fighters, clerks and dispatchers or other civilian
24 employees of a fire department or fire protection district
25 who are not routinely expected to perform fire fighter
26 duties, or elected officials.
27 (g-2) "General Assembly of the State of Illinois" means
28 the legislative branch of the government of the State of
29 Illinois, as provided for under Article IV of the
30 Constitution of the State of Illinois, and includes but is
31 not limited to the House of Representatives, the Senate, the
32 Speaker of the House of Representatives, the Minority Leader
33 of the House of Representatives, the President of the Senate,
34 the Minority Leader of the Senate, the Joint Committee on
HB1268 Enrolled -16- LRB9000999EGfg
1 Legislative Support Services and any legislative support
2 services agency listed in the Legislative Commission
3 Reorganization Act of 1984.
4 (h) "Governing body" means, in the case of the State,
5 the State Labor Relations Board, the Director of the
6 Department of Central Management Services, and the Director
7 of the Department of Labor; the county board in the case of a
8 county; the corporate authorities in the case of a
9 municipality; and the appropriate body authorized to provide
10 for expenditures of its funds in the case of any other unit
11 of government.
12 (i) "Labor organization" means any organization in which
13 public employees participate and that exists for the purpose,
14 in whole or in part, of dealing with a public employer
15 concerning wages, hours, and other terms and conditions of
16 employment, including the settlement of grievances.
17 (j) "Managerial employee" means an individual who is
18 engaged predominantly in executive and management functions
19 and is charged with the responsibility of directing the
20 effectuation of management policies and practices.
21 (k) "Peace officer" means, for the purposes of this Act
22 only, any persons who have been or are hereafter appointed to
23 a police force, department, or agency and sworn or
24 commissioned to perform police duties, except that the
25 following persons are not included: part-time police
26 officers, special police officers, auxiliary police as
27 defined by Section 3.1-30-20 of the Illinois Municipal Code,
28 night watchmen, "merchant police", court security officers as
29 defined by Section 3-6012.1 of the Counties Code, temporary
30 employees, traffic guards or wardens, civilian parking meter
31 and parking facilities personnel or other individuals
32 specially appointed to aid or direct traffic at or near
33 schools or public functions or to aid in civil defense or
34 disaster, parking enforcement employees who are not
HB1268 Enrolled -17- LRB9000999EGfg
1 commissioned as peace officers and who are not armed and who
2 are not routinely expected to effect arrests, parking lot
3 attendants, clerks and dispatchers or other civilian
4 employees of a police department who are not routinely
5 expected to effect arrests, or elected officials.
6 (l) "Person" includes one or more individuals, labor
7 organizations, public employees, associations, corporations,
8 legal representatives, trustees, trustees in bankruptcy,
9 receivers, or the State of Illinois or any political
10 subdivision of the State or governing body, but does not
11 include the General Assembly of the State of Illinois or any
12 individual employed by the General Assembly of the State of
13 Illinois.
14 (m) "Professional employee" means any employee engaged
15 in work predominantly intellectual and varied in character
16 rather than routine mental, manual, mechanical or physical
17 work; involving the consistent exercise of discretion and
18 adjustment in its performance; of such a character that the
19 output produced or the result accomplished cannot be
20 standardized in relation to a given period of time; and
21 requiring advanced knowledge in a field of science or
22 learning customarily acquired by a prolonged course of
23 specialized intellectual instruction and study in an
24 institution of higher learning or a hospital, as
25 distinguished from a general academic education or from
26 apprenticeship or from training in the performance of routine
27 mental, manual, or physical processes; or any employee who
28 has completed the courses of specialized intellectual
29 instruction and study prescribed in this subsection (m) and
30 is performing related work under the supervision of a
31 professional person to qualify to become a professional
32 employee as defined in this subsection (m).
33 (n) "Public employee" or "employee", for the purposes of
34 this Act, means any individual employed by a public employer,
HB1268 Enrolled -18- LRB9000999EGfg
1 including interns and residents at public hospitals, but
2 excluding all of the following: employees of the General
3 Assembly of the State of Illinois; elected officials;
4 executive heads of a department; members of boards or
5 commissions; employees of any agency, board or commission
6 created by this Act; employees appointed to State positions
7 of a temporary or emergency nature; all employees of school
8 districts and higher education institutions except
9 firefighters and peace officers employed by a state
10 university; managerial employees; short-term employees;
11 confidential employees; independent contractors; and
12 supervisors except as provided in this Act.
13 Notwithstanding Section 9, subsection (c), or any other
14 provisions of this Act, all peace officers above the rank of
15 captain in municipalities with more than 1,000,000
16 inhabitants shall be excluded from this Act.
17 (o) "Public employer" or "employer" means the State of
18 Illinois; any political subdivision of the State, unit of
19 local government or school district; authorities including
20 departments, divisions, bureaus, boards, commissions, or
21 other agencies of the foregoing entities; and any person
22 acting within the scope of his or her authority, express or
23 implied, on behalf of those entities in dealing with its
24 employees. "Public employer" or "employer" as used in this
25 Act, however, does not mean and shall not include the General
26 Assembly of the State of Illinois and educational employers
27 or employers as defined in the Illinois Educational Labor
28 Relations Act, except with respect to a state university in
29 its employment of firefighters and peace officers. County
30 boards and county sheriffs shall be designated as joint or
31 co-employers of county peace officers appointed under the
32 authority of a county sheriff. Nothing in this subsection
33 (o) shall be construed to prevent the State Board or the
34 Local Board from determining that employers are joint or
HB1268 Enrolled -19- LRB9000999EGfg
1 co-employers.
2 (p) "Security employee" means an employee who is
3 responsible for the supervision and control of inmates at
4 correctional facilities. The term also includes other
5 non-security employees in bargaining units having the
6 majority of employees being responsible for the supervision
7 and control of inmates at correctional facilities.
8 (q) "Short-term employee" means an employee who is
9 employed for less than that 2 consecutive calendar quarters
10 during a calendar year and who does not have a reasonable
11 assurance that he or she will be rehired by the same employer
12 for the same service in a subsequent calendar year.
13 (r) "Supervisor" is an employee whose principal work is
14 substantially different from that of his or her subordinates
15 and who has authority, in the interest of the employer, to
16 hire, transfer, suspend, lay off, recall, promote, discharge,
17 direct, reward, or discipline employees, to adjust their
18 grievances, or to effectively recommend any of those actions,
19 if the exercise of that authority is not of a merely routine
20 or clerical nature, but requires the consistent use of
21 independent judgment. Except with respect to police
22 employment, the term "supervisor" includes only those
23 individuals who devote a preponderance of their employment
24 time to exercising that authority, State supervisors
25 notwithstanding. In addition, in determining supervisory
26 status in police employment, rank shall not be determinative.
27 The Board shall consider, as evidence of bargaining unit
28 inclusion or exclusion, the common law enforcement policies
29 and relationships between police officer ranks and
30 certification under applicable civil service law, ordinances,
31 personnel codes, or Division 2.1 of Article 10 of the
32 Illinois Municipal Code, but these factors shall not be the
33 sole or predominant factors considered by the Board in
34 determining police supervisory status.
HB1268 Enrolled -20- LRB9000999EGfg
1 Notwithstanding the provisions of the preceding
2 paragraph, in determining supervisory status in fire fighter
3 employment, no fire fighter shall be excluded as a supervisor
4 who has established representation rights under Section 9 of
5 this Act. Further, in new fire fighter units, employees
6 shall consist of fire fighters of the rank of company officer
7 and below. If a company officer otherwise qualifies as a
8 supervisor under the preceding paragraph, however, he or she
9 shall not be included in the fire fighter unit. If there is
10 no rank between that of chief and the highest company
11 officer, the employer may designate a position on each shift
12 as a Shift Commander, and the persons occupying those
13 positions shall be supervisors. All other ranks above that
14 of company officer shall be supervisors.
15 (s) (1) "Unit" means a class of jobs or positions that
16 are held by employees whose collective interests may suitably
17 be represented by a labor organization for collective
18 bargaining. Except with respect to non-State fire fighters
19 and paramedics employed by fire departments and fire
20 protection districts, non-State peace officers, and peace
21 officers in the Department of State Police, a bargaining unit
22 determined by the Board shall not include both employees and
23 supervisors, or supervisors only, except as provided in
24 paragraph (2) of this subsection (s) and except for
25 bargaining units in existence on July 1, 1984 (the effective
26 date of this Act). With respect to non-State fire fighters
27 and paramedics employed by fire departments and fire
28 protection districts, non-State peace officers, and peace
29 officers in the Department of State Police, a bargaining unit
30 determined by the Board shall not include both supervisors
31 and nonsupervisors, or supervisors only, except as provided
32 in paragraph (2) of this subsection (s) and except for
33 bargaining units in existence on January 1, 1986 (the
34 effective date of this amendatory Act of 1985). A bargaining
HB1268 Enrolled -21- LRB9000999EGfg
1 unit determined by the Board to contain peace officers shall
2 contain no employees other than peace officers unless
3 otherwise agreed to by the employer and the labor
4 organization or labor organizations involved.
5 Notwithstanding any other provision of this Act, a bargaining
6 unit, including a historical bargaining unit, containing
7 sworn peace officers of the Department of Natural Resources
8 (formerly designated the Department of Conservation) shall
9 contain no employees other than such sworn peace officers
10 upon the effective date of this amendatory Act of 1990 or
11 upon the expiration date of any collective bargaining
12 agreement in effect upon the effective date of this
13 amendatory Act of 1990 covering both such sworn peace
14 officers and other employees.
15 (2) Notwithstanding the exclusion of supervisors from
16 bargaining units as provided in paragraph (1) of this
17 subsection (s), a public employer may agree to permit its
18 supervisory employees to form bargaining units and may
19 bargain with those units. This Act shall apply if the public
20 employer chooses to bargain under this subsection.
21 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
22 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
23 6-1-97; 90-14, eff. 7-1-97; revised 12-18-97.)
24 (5 ILCS 315/14) (from Ch. 48, par. 1614)
25 Sec. 14. Security Employee, Peace Officer and Fire
26 Fighter Disputes.
27 (a) In the case of collective bargaining agreements
28 involving units of security employees of a public employer,
29 Peace Officer Units, or units of fire fighters or paramedics,
30 and in the case of disputes under Section 18, unless the
31 parties mutually agree to some other time limit, mediation
32 shall commence 30 days prior to the expiration date of such
33 agreement or at such later time as the mediation services
HB1268 Enrolled -22- LRB9000999EGfg
1 chosen under subsection (b) of Section 12 can be provided to
2 the parties. In the case of negotiations for an initial
3 collective bargaining agreement, mediation shall commence
4 upon 15 days notice from either party or at such later time
5 as the mediation services chosen pursuant to subsection (b)
6 of Section 12 can be provided to the parties. In mediation
7 under this Section, if either party requests the use of
8 mediation services from the Federal Mediation and
9 Conciliation Service, the other party shall either join in
10 such request or bear the additional cost of mediation
11 services from another source. The mediator shall have a duty
12 to keep the Board informed on the progress of the mediation.
13 If any dispute has not been resolved within 15 days after the
14 first meeting of the parties and the mediator, or within such
15 other time limit as may be mutually agreed upon by the
16 parties, either the exclusive representative or employer may
17 request of the other, in writing, arbitration, and shall
18 submit a copy of the request to the Board.
19 (b) Within 10 days after such a request for arbitration
20 has been made, the employer shall choose a delegate and the
21 employees' exclusive representative shall choose a delegate
22 to a panel of arbitration as provided in this Section. The
23 employer and employees shall forthwith advise the other and
24 the Board of their selections.
25 (c) Within 7 days of the request of either party, the
26 Board shall select from the Public Employees Labor Mediation
27 Roster 7 persons who are on the labor arbitration panels of
28 either the American Arbitration Association or the Federal
29 Mediation and Conciliation Service, or who are members of the
30 National Academy of Arbitrators, as nominees for impartial
31 arbitrator of the arbitration panel. The parties may select
32 an individual on the list provided by the Board or any other
33 individual mutually agreed upon by the parties. Within 7
34 days following the receipt of the list, the parties shall
HB1268 Enrolled -23- LRB9000999EGfg
1 notify the Board of the person they have selected. Unless
2 the parties agree on an alternate selection procedure, they
3 shall alternatively strike one name from the list provided by
4 the Board until only one name remains. A coin toss shall
5 determine which party shall strike the first name. If the
6 parties fail to notify the Board in a timely manner of their
7 selection for neutral chairman, the Board shall appoint a
8 neutral chairman from the Illinois Public Employees
9 Mediation/Arbitration Roster.
10 (d) The chairman shall call a hearing to begin within 15
11 days and give reasonable notice of the time and place of the
12 hearing. The hearing shall be held at the offices of the
13 Board or at such other location as the Board deems
14 appropriate. The chairman shall preside over the hearing and
15 shall take testimony. Any oral or documentary evidence and
16 other data deemed relevant by the arbitration panel may be
17 received in evidence. The proceedings shall be informal.
18 Technical rules of evidence shall not apply and the
19 competency of the evidence shall not thereby be deemed
20 impaired. A verbatim record of the proceedings shall be made
21 and the arbitrator shall arrange for the necessary recording
22 service. Transcripts may be ordered at the expense of the
23 party ordering them, but the transcripts shall not be
24 necessary for a decision by the arbitration panel. The
25 expense of the proceedings, including a fee for the chairman,
26 established in advance by the Board, shall be borne equally
27 by each of the parties to the dispute. The delegates, if
28 public officers or employees, shall continue on the payroll
29 of the public employer without loss of pay. The hearing
30 conducted by the arbitration panel may be adjourned from time
31 to time, but unless otherwise agreed by the parties, shall be
32 concluded within 30 days of the time of its commencement.
33 Majority actions and rulings shall constitute the actions and
34 rulings of the arbitration panel. Arbitration proceedings
HB1268 Enrolled -24- LRB9000999EGfg
1 under this Section shall not be interrupted or terminated by
2 reason of any unfair labor practice charge filed by either
3 party at any time.
4 (e) The arbitration panel may administer oaths, require
5 the attendance of witnesses, and the production of such
6 books, papers, contracts, agreements and documents as may be
7 deemed by it material to a just determination of the issues
8 in dispute, and for such purpose may issue subpoenas. If any
9 person refuses to obey a subpoena, or refuses to be sworn or
10 to testify, or if any witness, party or attorney is guilty of
11 any contempt while in attendance at any hearing, the
12 arbitration panel may, or the attorney general if requested
13 shall, invoke the aid of any circuit court within the
14 jurisdiction in which the hearing is being held, which court
15 shall issue an appropriate order. Any failure to obey the
16 order may be punished by the court as contempt.
17 (f) At any time before the rendering of an award, the
18 chairman of the arbitration panel, if he is of the opinion
19 that it would be useful or beneficial to do so, may remand
20 the dispute to the parties for further collective bargaining
21 for a period not to exceed 2 weeks. If the dispute is
22 remanded for further collective bargaining the time
23 provisions of this Act shall be extended for a time period
24 equal to that of the remand. The chairman of the panel of
25 arbitration shall notify the Board of the remand.
26 (g) At or before the conclusion of the hearing held
27 pursuant to subsection (d), the arbitration panel shall
28 identify the economic issues in dispute, and direct each of
29 the parties to submit, within such time limit as the panel
30 shall prescribe, to the arbitration panel and to each other
31 its last offer of settlement on each economic issue. The
32 determination of the arbitration panel as to the issues in
33 dispute and as to which of these issues are economic shall be
34 conclusive. The arbitration panel, within 30 days after the
HB1268 Enrolled -25- LRB9000999EGfg
1 conclusion of the hearing, or such further additional periods
2 to which the parties may agree, shall make written findings
3 of fact and promulgate a written opinion and shall mail or
4 otherwise deliver a true copy thereof to the parties and
5 their representatives and to the Board. As to each economic
6 issue, the arbitration panel shall adopt the last offer of
7 settlement which, in the opinion of the arbitration panel,
8 more nearly complies with the applicable factors prescribed
9 in subsection (h). The findings, opinions and order as to
10 all other issues shall be based upon the applicable factors
11 prescribed in subsection (h).
12 (h) Where there is no agreement between the parties, or
13 where there is an agreement but the parties have begun
14 negotiations or discussions looking to a new agreement or
15 amendment of the existing agreement, and wage rates or other
16 conditions of employment under the proposed new or amended
17 agreement are in dispute, the arbitration panel shall base
18 its findings, opinions and order upon the following factors,
19 as applicable:
20 (1) The lawful authority of the employer.
21 (2) Stipulations of the parties.
22 (3) The interests and welfare of the public and the
23 financial ability of the unit of government to meet those
24 costs.
25 (4) Comparison of the wages, hours and conditions
26 of employment of the employees involved in the
27 arbitration proceeding with the wages, hours and
28 conditions of employment of other employees performing
29 similar services and with other employees generally:
30 (A) In public employment in comparable
31 communities.
32 (B) In private employment in comparable
33 communities.
34 (5) The average consumer prices for goods and
HB1268 Enrolled -26- LRB9000999EGfg
1 services, commonly known as the cost of living.
2 (6) The overall compensation presently received by
3 the employees, including direct wage compensation,
4 vacations, holidays and other excused time, insurance and
5 pensions, medical and hospitalization benefits, the
6 continuity and stability of employment and all other
7 benefits received.
8 (7) Changes in any of the foregoing circumstances
9 during the pendency of the arbitration proceedings.
10 (8) Such other factors, not confined to the
11 foregoing, which are normally or traditionally taken into
12 consideration in the determination of wages, hours and
13 conditions of employment through voluntary collective
14 bargaining, mediation, fact-finding, arbitration or
15 otherwise between the parties, in the public service or
16 in private employment.
17 (i) In the case of peace officers, the arbitration
18 decision shall be limited to wages, hours, and conditions of
19 employment (which may include residency requirements in
20 municipalities with a population under 1,000,000, but those
21 residency requirements shall not allow residency outside of
22 Illinois) and shall not include the following: i) residency
23 requirements in municipalities with a population of at least
24 1,000,000; ii) the type of equipment, other than uniforms,
25 issued or used; iii) manning; iv) the total number of
26 employees employed by the department; v) mutual aid and
27 assistance agreements to other units of government; and vi)
28 the criterion pursuant to which force, including deadly
29 force, can be used; provided, nothing herein shall preclude
30 an arbitration decision regarding equipment or manning levels
31 if such decision is based on a finding that the equipment or
32 manning considerations in a specific work assignment involve
33 a serious risk to the safety of a peace officer beyond that
34 which is inherent in the normal performance of police duties.
HB1268 Enrolled -27- LRB9000999EGfg
1 Limitation of the terms of the arbitration decision pursuant
2 to this subsection shall not be construed to limit the
3 factors upon which the decision may be based, as set forth in
4 subsection (h).
5 In the case of fire fighter, and fire department or fire
6 district paramedic matters, the arbitration decision shall be
7 limited to wages, hours, and conditions of employment (which
8 may include residency requirements in municipalities with a
9 population under 1,000,000, but those residency requirements
10 shall not allow residency outside of Illinois) and shall not
11 include the following matters: i) residency requirements in
12 municipalities with a population of at least 1,000,000; ii)
13 the type of equipment (other than uniforms and fire fighter
14 turnout gear) issued or used; iii) the total number of
15 employees employed by the department; iv) mutual aid and
16 assistance agreements to other units of government; and v)
17 the criterion pursuant to which force, including deadly
18 force, can be used; provided, however, nothing herein shall
19 preclude an arbitration decision regarding equipment levels
20 if such decision is based on a finding that the equipment
21 considerations in a specific work assignment involve a
22 serious risk to the safety of a fire fighter beyond that
23 which is inherent in the normal performance of fire fighter
24 duties. Limitation of the terms of the arbitration decision
25 pursuant to this subsection shall not be construed to limit
26 the facts upon which the decision may be based, as set forth
27 in subsection (h).
28 The changes to this subsection (i) made by Public Act
29 90-385 this amendatory Act of 1997 (relating to residency
30 requirements) do not apply to persons who are employed by a
31 combined department that performs both police and
32 firefighting services; these persons shall be governed by the
33 provisions of this subsection (i) relating to peace officers,
34 as they existed before the amendment by Public Act 90-385
HB1268 Enrolled -28- LRB9000999EGfg
1 this amendatory Act of 1997. For purposes of this subsection
2 (i), persons who are employed by a combined department that
3 performs both police and fire fighting services shall be
4 governed by the provisions relating to peace officers rather
5 than the provisions relating to fire fighters.
6 To preserve historical bargaining rights, this subsection
7 shall not apply to any provision of a fire fighter collective
8 bargaining agreement in effect and applicable on the
9 effective date of this Act; provided, however, nothing herein
10 shall preclude arbitration with respect to any such
11 provision.
12 (j) Arbitration procedures shall be deemed to be
13 initiated by the filing of a letter requesting mediation as
14 required under subsection (a) of this Section. The
15 commencement of a new municipal fiscal year after the
16 initiation of arbitration procedures under this Act, but
17 before the arbitration decision, or its enforcement, shall
18 not be deemed to render a dispute moot, or to otherwise
19 impair the jurisdiction or authority of the arbitration panel
20 or its decision. Increases in rates of compensation awarded
21 by the arbitration panel may be effective only at the start
22 of the fiscal year next commencing after the date of the
23 arbitration award. If a new fiscal year has commenced either
24 since the initiation of arbitration procedures under this Act
25 or since any mutually agreed extension of the statutorily
26 required period of mediation under this Act by the parties to
27 the labor dispute causing a delay in the initiation of
28 arbitration, the foregoing limitations shall be inapplicable,
29 and such awarded increases may be retroactive to the
30 commencement of the fiscal year, any other statute or charter
31 provisions to the contrary, notwithstanding. At any time the
32 parties, by stipulation, may amend or modify an award of
33 arbitration.
34 (k) Orders of the arbitration panel shall be reviewable,
HB1268 Enrolled -29- LRB9000999EGfg
1 upon appropriate petition by either the public employer or
2 the exclusive bargaining representative, by the circuit court
3 for the county in which the dispute arose or in which a
4 majority of the affected employees reside, but only for
5 reasons that the arbitration panel was without or exceeded
6 its statutory authority; the order is arbitrary, or
7 capricious; or the order was procured by fraud, collusion or
8 other similar and unlawful means. Such petitions for review
9 must be filed with the appropriate circuit court within 90
10 days following the issuance of the arbitration order. The
11 pendency of such proceeding for review shall not
12 automatically stay the order of the arbitration panel. The
13 party against whom the final decision of any such court shall
14 be adverse, if such court finds such appeal or petition to be
15 frivolous, shall pay reasonable attorneys' fees and costs to
16 the successful party as determined by said court in its
17 discretion. If said court's decision affirms the award of
18 money, such award, if retroactive, shall bear interest at the
19 rate of 12 percent per annum from the effective retroactive
20 date.
21 (l) During the pendency of proceedings before the
22 arbitration panel, existing wages, hours, and other
23 conditions of employment shall not be changed by action of
24 either party without the consent of the other but a party may
25 so consent without prejudice to his rights or position under
26 this Act. The proceedings are deemed to be pending before
27 the arbitration panel upon the initiation of arbitration
28 procedures under this Act.
29 (m) Security officers of public employers, and Peace
30 Officers, Fire Fighters and fire department and fire
31 protection district paramedics, covered by this Section may
32 not withhold services, nor may public employers lock out or
33 prevent such employees from performing services at any time.
34 (n) All of the terms decided upon by the arbitration
HB1268 Enrolled -30- LRB9000999EGfg
1 panel shall be included in an agreement to be submitted to
2 the public employer's governing body for ratification and
3 adoption by law, ordinance or the equivalent appropriate
4 means.
5 The governing body shall review each term decided by the
6 arbitration panel. If the governing body fails to reject one
7 or more terms of the arbitration panel's decision by a 3/5
8 vote of those duly elected and qualified members of the
9 governing body, within 20 days of issuance, or in the case of
10 firefighters employed by a state university, at the next
11 regularly scheduled meeting of the governing body after
12 issuance, such term or terms shall become a part of the
13 collective bargaining agreement of the parties. If the
14 governing body affirmatively rejects one or more terms of the
15 arbitration panel's decision, it must provide reasons for
16 such rejection with respect to each term so rejected, within
17 20 days of such rejection and the parties shall return to the
18 arbitration panel for further proceedings and issuance of a
19 supplemental decision with respect to the rejected terms.
20 Any supplemental decision by an arbitration panel or other
21 decision maker agreed to by the parties shall be submitted to
22 the governing body for ratification and adoption in
23 accordance with the procedures and voting requirements set
24 forth in this Section. The voting requirements of this
25 subsection shall apply to all disputes submitted to
26 arbitration pursuant to this Section notwithstanding any
27 contrary voting requirements contained in any existing
28 collective bargaining agreement between the parties.
29 (o) If the governing body of the employer votes to
30 reject the panel's decision, the parties shall return to the
31 panel within 30 days from the issuance of the reasons for
32 rejection for further proceedings and issuance of a
33 supplemental decision. All reasonable costs of such
34 supplemental proceeding including the exclusive
HB1268 Enrolled -31- LRB9000999EGfg
1 representative's reasonable attorney's fees, as established
2 by the Board, shall be paid by the employer.
3 (p) Notwithstanding the provisions of this Section the
4 employer and exclusive representative may agree to submit
5 unresolved disputes concerning wages, hours, terms and
6 conditions of employment to an alternative form of impasse
7 resolution.
8 (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97;
9 90-385, eff. 8-15-97; revised 10-27-97.)
10 Section 10. The State Employee Indemnification Act is
11 amended by changing Section 2 as follows:
12 (5 ILCS 350/2) (from Ch. 127, par. 1302)
13 Sec. 2. Representation and indemnification of State
14 employees.
15 (a) In the event that any civil proceeding is commenced
16 against any State employee arising out of any act or omission
17 occurring within the scope of the employee's State
18 employment, the Attorney General shall, upon timely and
19 appropriate notice to him by such employee, appear on behalf
20 of such employee and defend the action. In the event that
21 any civil proceeding is commenced against any physician who
22 is an employee of the Department of Corrections or the
23 Department of Human Services (in a position relating to the
24 Department's mental health and developmental disabilities
25 functions) alleging death or bodily injury or other injury to
26 the person of the complainant resulting from and arising out
27 of any act or omission occurring on or after December 3, 1977
28 within the scope of the employee's State employment, or
29 against any physician who is an employee of the Department of
30 Veterans' Affairs alleging death or bodily injury or other
31 injury to the person of the complainant resulting from and
32 arising out of any act or omission occurring on or after the
HB1268 Enrolled -32- LRB9000999EGfg
1 effective date of this amendatory Act of 1988 within the
2 scope of the employee's State employment, or in the event
3 that any civil proceeding is commenced against any attorney
4 who is an employee of the State Appellate Defender alleging
5 legal malpractice or for other damages resulting from and
6 arising out of any legal act or omission occurring on or
7 after December 3, 1977, within the scope of the employee's
8 State employment, or in the event that any civil proceeding
9 is commenced against any individual or organization who
10 contracts with the Department of Labor to provide services as
11 a carnival and amusement ride safety inspector alleging
12 malpractice, death or bodily injury or other injury to the
13 person arising out of any act or omission occurring on or
14 after May 1, 1985, within the scope of that employee's State
15 employment, the Attorney General shall, upon timely and
16 appropriate notice to him by such employee, appear on behalf
17 of such employee and defend the action. Any such notice
18 shall be in writing, shall be mailed within 15 days after the
19 date of receipt by the employee of service of process, and
20 shall authorize the Attorney General to represent and defend
21 the employee in the proceeding. The giving of this notice to
22 the Attorney General shall constitute an agreement by the
23 State employee to cooperate with the Attorney General in his
24 defense of the action and a consent that the Attorney General
25 shall conduct the defense as he deems advisable and in the
26 best interests of the employee, including settlement in the
27 Attorney General's discretion. In any such proceeding, the
28 State shall pay the court costs and litigation expenses of
29 defending such action, to the extent approved by the Attorney
30 General as reasonable, as they are incurred.
31 (b) In the event that the Attorney General determines
32 that so appearing and defending an employee either (1)
33 involves an actual or potential conflict of interest, or (2)
34 that the act or omission which gave rise to the claim was not
HB1268 Enrolled -33- LRB9000999EGfg
1 within the scope of the employee's State employment or was
2 intentional, wilful or wanton misconduct, the Attorney
3 General shall decline in writing to appear or defend or shall
4 promptly take appropriate action to withdraw as attorney for
5 such employee. Upon receipt of such declination or upon such
6 withdrawal by the Attorney General on the basis of an actual
7 or potential conflict of interest, the State employee may
8 employ his own attorney to appear and defend, in which event
9 the State shall pay the employee's court costs, litigation
10 expenses and attorneys' fees to the extent approved by the
11 Attorney General as reasonable, as they are incurred. In the
12 event that the Attorney General declines to appear or
13 withdraws on the grounds that the act or omission was not
14 within the scope of employment, or was intentional, wilful or
15 wanton misconduct, and a court or jury finds that the act or
16 omission of the State employee was within the scope of
17 employment and was not intentional, wilful or wanton
18 misconduct, the State shall indemnify the State employee for
19 any damages awarded and court costs and attorneys' fees
20 assessed as part of any final and unreversed judgment. In
21 such event the State shall also pay the employee's court
22 costs, litigation expenses and attorneys' fees to the extent
23 approved by the Attorney General as reasonable.
24 In the event that the defendant in the proceeding is an
25 elected State official, including members of the General
26 Assembly, the elected State official may retain his or her
27 attorney, provided that said attorney shall be reasonably
28 acceptable to the Attorney General. In such case the State
29 shall pay the elected State official's court costs,
30 litigation expenses, and attorneys' fees, to the extent
31 approved by the Attorney General as reasonable, as they are
32 incurred.
33 (b-5) The Attorney General may file a counterclaim on
34 behalf of a State employee, provided:
HB1268 Enrolled -34- LRB9000999EGfg
1 (1) the Attorney General determines that the State
2 employee is entitled to representation in a civil action
3 under this Section;
4 (2) the counterclaim arises out of any act or
5 omission occurring within the scope of the employee's
6 State employment that is the subject of the civil action;
7 and
8 (3) the employee agrees in writing that if judgment
9 is entered in favor of the employee, the amount of the
10 judgment shall be applied to offset any judgment that may
11 be entered in favor of the plaintiff, and then to
12 reimburse the State treasury for court costs and
13 litigation expenses required to pursue the counterclaim.
14 The balance of the collected judgment shall be paid to
15 the State employee.
16 (c) Notwithstanding any other provision of this Section,
17 representation and indemnification of a judge under this Act
18 shall also be provided in any case where the plaintiff seeks
19 damages or any equitable relief as a result of any decision,
20 ruling or order of a judge made in the course of his or her
21 judicial or administrative duties, without regard to the
22 theory of recovery employed by the plaintiff.
23 Indemnification shall be for all damages awarded and all
24 court costs, attorney fees and litigation expenses assessed
25 against the judge. When a judge has been convicted of a crime
26 as a result of his or her intentional judicial misconduct in
27 a trial, that judge shall not be entitled to indemnification
28 and representation under this subsection in any case
29 maintained by a party who seeks damages or other equitable
30 relief as a direct result of the judge's intentional judicial
31 misconduct.
32 (d) In any such proceeding where notice in accordance
33 with this Section has been given to the Attorney General,
34 unless the court or jury finds that the conduct or inaction
HB1268 Enrolled -35- LRB9000999EGfg
1 which gave rise to the claim or cause of action was
2 intentional, wilful or wanton misconduct and was not intended
3 to serve or benefit interests of the State, the State shall
4 indemnify the State employee for any damages awarded and
5 court costs and attorneys' fees assessed as part of any final
6 and unreversed judgment, or shall pay such judgment. Unless
7 the Attorney General determines that the conduct or inaction
8 which gave rise to the claim or cause of action was
9 intentional, wilful or wanton misconduct and was not intended
10 to serve or benefit interests of the State, the case may be
11 settled, in the Attorney General's discretion and with the
12 employee's consent, and the State shall indemnify the
13 employee for any damages, court costs and attorneys' fees
14 agreed to as part of the settlement, or shall pay such
15 settlement. Where the employee is represented by private
16 counsel, any settlement must be so approved by the Attorney
17 General and the court having jurisdiction, which shall
18 obligate the State to indemnify the employee.
19 (e) (i) Court costs and litigation expenses and other
20 costs of providing a defense or counterclaim, including
21 attorneys' fees obligated under this Section, shall be paid
22 from the State Treasury on the warrant of the Comptroller out
23 of appropriations made to the Department of Central
24 Management Services specifically designed for the payment of
25 costs, fees and expenses covered by this Section.
26 (ii) Upon entry of a final judgment against the
27 employee, or upon the settlement of the claim, the employee
28 shall cause to be served a copy of such judgment or
29 settlement, personally or by certified or registered mail
30 within thirty days of the date of entry or settlement, upon
31 the chief administrative officer of the department, office or
32 agency in which he is employed. If not inconsistent with the
33 provisions of this Section, such judgment or settlement shall
34 be certified for payment by such chief administrative officer
HB1268 Enrolled -36- LRB9000999EGfg
1 and by the Attorney General. The judgment or settlement
2 shall be paid from the State Treasury on the warrant of the
3 Comptroller out of appropriations made to the Department of
4 Central Management Services specifically designed for the
5 payment of claims covered by this Section.
6 (f) Nothing contained or implied in this Section shall
7 operate, or be construed or applied, to deprive the State, or
8 any employee thereof, of any defense heretofore available.
9 (g) This Section shall apply regardless of whether the
10 employee is sued in his or her individual or official
11 capacity.
12 (h) This Section shall not apply to claims for bodily
13 injury or damage to property arising from motor vehicle
14 accidents.
15 (i) This Section shall apply to all proceedings filed on
16 or after its effective date, and to any proceeding pending on
17 its effective date, if the State employee gives notice to the
18 Attorney General as provided in this Section within 30 days
19 of the Act's effective date.
20 (j) The amendatory changes made to this Section by this
21 amendatory Act of 1986 shall apply to all proceedings filed
22 on or after the effective date of this amendatory Act of 1986
23 and to any proceeding pending on its effective date, if the
24 State employee gives notice to the Attorney General as
25 provided in this Section within 30 days of the effective date
26 of this amendatory Act of 1986.
27 (Source: P.A. 89-507, eff. 7-1-97; 89-688, eff. 6-1-97;
28 revised 3-28-97.)
29 Section 11. The State Salary and Annuity Withholding Act
30 is amended by changing Section 4 as follows:
31 (5 ILCS 365/4) (from Ch. 127, par. 354)
32 Sec. 4. Authorization of withholding. An employee or
HB1268 Enrolled -37- LRB9000999EGfg
1 annuitant may authorize the withholding of a portion of his
2 salary, wages, or annuity for any one or more of the
3 following purposes:
4 (1) for purchase of United States Savings Bonds;
5 (2) for payment of premiums on life or accident and
6 health insurance as defined in Section 4 of the "Illinois
7 Insurance Code", approved June 29, 1937, as amended, and for
8 payment of premiums on policies of automobile insurance as
9 defined in Section 143.13 of the "Illinois Insurance Code",
10 as amended, and the personal multiperil coverages commonly
11 known as homeowner's insurance. However, no portion of
12 salaries, wages or annuities may be withheld to pay premiums
13 on automobile, homeowner's, life or accident and health
14 insurance policies issued by any one insurance company or
15 insurance service company unless a minimum of 100 employees
16 or annuitants insured by that company authorize the
17 withholding by an Office within 6 months after such
18 withholding begins. If such minimum is not satisfied the
19 Office may discontinue withholding for such company. For any
20 insurance company or insurance service company which has not
21 previously had withholding, the Office may allow withholding
22 for premiums, where less than 100 policies have been written,
23 to cover a probationary period. An insurance company which
24 has discontinued withholding may reinstate it upon
25 presentation of facts indicating new management or
26 re-organization satisfactory to the Office;
27 (3) for payment to any labor organization designated by
28 the employee;
29 (4) for payment of dues to any association the
30 membership of which consists of State employees and former
31 State employees;
32 (5) for deposit in any credit union, in which State
33 employees are within the field of membership as a result of
34 their employment;
HB1268 Enrolled -38- LRB9000999EGfg
1 (6) for payment to or for the benefit of an institution
2 of higher education by an employee of that institution;
3 (7) for payment of parking fees at the underground
4 facility located south of the William G. Stratton State
5 Office Building in Springfield, the parking ramp located at
6 401 South College Street, west of the William G. Stratton
7 State Office Building in Springfield, or at the parking
8 facilities located on the Urbana-Champaign campus of the
9 University of Illinois;
10 (8) for voluntary payment to the State of Illinois of
11 amounts then due and payable to the State;
12 (9) for investment purchases made as a participant in
13 College Savings Programs established pursuant to Section
14 30-15.8a of the School Code;
15 (10) for voluntary payment to the Illinois Department of
16 Revenue of amounts due or to become due under the Illinois
17 Income Tax Act;
18 (11) for payment of optional contributions to a
19 retirement system subject to the provisions of the Illinois
20 Pension Code;.
21 (12) (10) for contributions to organizations found
22 qualified by the State Comptroller under the requirements set
23 forth in the Voluntary Payroll Deductions Act of 1983.
24 (Source: P.A. 90-102, eff. 7-1-98; 90-448, eff. 8-16-97;
25 revised 11-17-97.)
26 Section 12. The State Employees Group Insurance Act of
27 1971 is amended by changing Sections 3 and 10 and setting
28 forth and renumbering multiple versions of Section 6.9 as
29 follows:
30 (5 ILCS 375/3) (from Ch. 127, par. 523)
31 Sec. 3. Definitions. Unless the context otherwise
32 requires, the following words and phrases as used in this Act
HB1268 Enrolled -39- LRB9000999EGfg
1 shall have the following meanings. The Department may define
2 these and other words and phrases separately for the purpose
3 of implementing specific programs providing benefits under
4 this Act.
5 (a) "Administrative service organization" means any
6 person, firm or corporation experienced in the handling of
7 claims which is fully qualified, financially sound and
8 capable of meeting the service requirements of a contract of
9 administration executed with the Department.
10 (b) "Annuitant" means (1) an employee who retires, or
11 has retired, on or after January 1, 1966 on an immediate
12 annuity under the provisions of Articles 2, 14, 15 (including
13 an employee who has retired under the optional retirement
14 program established under Section 15-158.2), paragraphs (b)
15 or (c) of Section 16-106, or Article 18 of the Illinois
16 Pension Code; (2) any person who was receiving group
17 insurance coverage under this Act as of March 31, 1978 by
18 reason of his status as an annuitant, even though the annuity
19 in relation to which such coverage was provided is a
20 proportional annuity based on less than the minimum period of
21 service required for a retirement annuity in the system
22 involved; (3) any person not otherwise covered by this Act
23 who has retired as a participating member under Article 2 of
24 the Illinois Pension Code but is ineligible for the
25 retirement annuity under Section 2-119 of the Illinois
26 Pension Code; (4) the spouse of any person who is receiving a
27 retirement annuity under Article 18 of the Illinois Pension
28 Code and who is covered under a group health insurance
29 program sponsored by a governmental employer other than the
30 State of Illinois and who has irrevocably elected to waive
31 his or her coverage under this Act and to have his or her
32 spouse considered as the "annuitant" under this Act and not
33 as a "dependent"; or (5) an employee who retires, or has
34 retired, from a qualified position, as determined according
HB1268 Enrolled -40- LRB9000999EGfg
1 to rules promulgated by the Director, under a qualified local
2 government or a qualified rehabilitation facility or a
3 qualified domestic violence shelter or service. (For
4 definition of "retired employee", see (p) post).
5 (b-5) "New SERS annuitant" means a person who, on or
6 after January 1, 1998, becomes an annuitant, as defined in
7 subsection (b), by virtue of beginning to receive a
8 retirement annuity under Article 14 of the Illinois Pension
9 Code, and is eligible to participate in the basic program of
10 group health benefits provided for annuitants under this Act.
11 (b-6) "New SURS annuitant" means a person who, on or
12 after January 1, 1998, becomes an annuitant, as defined in
13 subsection (b), by virtue of beginning to receive a
14 retirement annuity under Article 15 of the Illinois Pension
15 Code, and is eligible to participate in the basic program of
16 group health benefits provided for annuitants under this Act.
17 (c) "Carrier" means (1) an insurance company, a
18 corporation organized under the Limited Health Service
19 Organization Act or the Voluntary Health Services Plan Act, a
20 partnership, or other nongovernmental organization, which is
21 authorized to do group life or group health insurance
22 business in Illinois, or (2) the State of Illinois as a
23 self-insurer.
24 (d) "Compensation" means salary or wages payable on a
25 regular payroll by the State Treasurer on a warrant of the
26 State Comptroller out of any State, trust or federal fund, or
27 by the Governor of the State through a disbursing officer of
28 the State out of a trust or out of federal funds, or by any
29 Department out of State, trust, federal or other funds held
30 by the State Treasurer or the Department, to any person for
31 personal services currently performed, and ordinary or
32 accidental disability benefits under Articles 2, 14, 15
33 (including ordinary or accidental disability benefits under
34 the optional retirement program established under Section
HB1268 Enrolled -41- LRB9000999EGfg
1 15-158.2), paragraphs (b) or (c) of Section 16-106, or
2 Article 18 of the Illinois Pension Code, for disability
3 incurred after January 1, 1966, or benefits payable under the
4 Workers' Compensation or Occupational Diseases Act or
5 benefits payable under a sick pay plan established in
6 accordance with Section 36 of the State Finance Act.
7 "Compensation" also means salary or wages paid to an employee
8 of any qualified local government or qualified rehabilitation
9 facility or a qualified domestic violence shelter or service.
10 (e) "Commission" means the State Employees Group
11 Insurance Advisory Commission authorized by this Act.
12 Commencing July 1, 1984, "Commission" as used in this Act
13 means the Illinois Economic and Fiscal Commission as
14 established by the Legislative Commission Reorganization Act
15 of 1984.
16 (f) "Contributory", when referred to as contributory
17 coverage, shall mean optional coverages or benefits elected
18 by the member toward the cost of which such member makes
19 contribution, or which are funded in whole or in part through
20 the acceptance of a reduction in earnings or the foregoing of
21 an increase in earnings by an employee, as distinguished from
22 noncontributory coverage or benefits which are paid entirely
23 by the State of Illinois without reduction of the member's
24 salary.
25 (g) "Department" means any department, institution,
26 board, commission, officer, court or any agency of the State
27 government receiving appropriations and having power to
28 certify payrolls to the Comptroller authorizing payments of
29 salary and wages against such appropriations as are made by
30 the General Assembly from any State fund, or against trust
31 funds held by the State Treasurer and includes boards of
32 trustees of the retirement systems created by Articles 2, 14,
33 15, 16 and 18 of the Illinois Pension Code. "Department"
34 also includes the Illinois Comprehensive Health Insurance
HB1268 Enrolled -42- LRB9000999EGfg
1 Board, the Board of Examiners established under the Illinois
2 Public Accounting Act, and the Illinois Rural Bond Bank.
3 (h) "Dependent", when the term is used in the context of
4 the health and life plan, means a member's spouse and any
5 unmarried child (1) from birth to age 19 including an adopted
6 child, a child who lives with the member from the time of the
7 filing of a petition for adoption until entry of an order of
8 adoption, a stepchild or recognized child who lives with the
9 member in a parent-child relationship, or a child who lives
10 with the member if such member is a court appointed guardian
11 of the child, or (2) age 19 to 23 enrolled as a full-time
12 student in any accredited school, financially dependent upon
13 the member, and eligible as a dependent for Illinois State
14 income tax purposes, or (3) age 19 or over who is mentally or
15 physically handicapped as defined in the Illinois Insurance
16 Code. For the health plan only, the term "dependent" also
17 includes any person enrolled prior to the effective date of
18 this Section who is dependent upon the member to the extent
19 that the member may claim such person as a dependent for
20 Illinois State income tax deduction purposes; no other such
21 person may be enrolled.
22 (i) "Director" means the Director of the Illinois
23 Department of Central Management Services.
24 (j) "Eligibility period" means the period of time a
25 member has to elect enrollment in programs or to select
26 benefits without regard to age, sex or health.
27 (k) "Employee" means and includes each officer or
28 employee in the service of a department who (1) receives his
29 compensation for service rendered to the department on a
30 warrant issued pursuant to a payroll certified by a
31 department or on a warrant or check issued and drawn by a
32 department upon a trust, federal or other fund or on a
33 warrant issued pursuant to a payroll certified by an elected
34 or duly appointed officer of the State or who receives
HB1268 Enrolled -43- LRB9000999EGfg
1 payment of the performance of personal services on a warrant
2 issued pursuant to a payroll certified by a Department and
3 drawn by the Comptroller upon the State Treasurer against
4 appropriations made by the General Assembly from any fund or
5 against trust funds held by the State Treasurer, and (2) is
6 employed full-time or part-time in a position normally
7 requiring actual performance of duty during not less than 1/2
8 of a normal work period, as established by the Director in
9 cooperation with each department, except that persons elected
10 by popular vote will be considered employees during the
11 entire term for which they are elected regardless of hours
12 devoted to the service of the State, and (3) except that
13 "employee" does not include any person who is not eligible by
14 reason of such person's employment to participate in one of
15 the State retirement systems under Articles 2, 14, 15 (either
16 the regular Article 15 system or the optional retirement
17 program established under Section 15-158.2) or 18, or under
18 paragraph (b) or (c) of Section 16-106, of the Illinois
19 Pension Code, but such term does include persons who are
20 employed during the 6 month qualifying period under Article
21 14 of the Illinois Pension Code. Such term also includes any
22 person who (1) after January 1, 1966, is receiving ordinary
23 or accidental disability benefits under Articles 2, 14, 15
24 (including ordinary or accidental disability benefits under
25 the optional retirement program established under Section
26 15-158.2), paragraphs (b) or (c) of Section 16-106, or
27 Article 18 of the Illinois Pension Code, for disability
28 incurred after January 1, 1966, (2) receives total permanent
29 or total temporary disability under the Workers' Compensation
30 Act or Occupational Disease Act as a result of injuries
31 sustained or illness contracted in the course of employment
32 with the State of Illinois, or (3) is not otherwise covered
33 under this Act and has retired as a participating member
34 under Article 2 of the Illinois Pension Code but is
HB1268 Enrolled -44- LRB9000999EGfg
1 ineligible for the retirement annuity under Section 2-119 of
2 the Illinois Pension Code. However, a person who satisfies
3 the criteria of the foregoing definition of "employee" except
4 that such person is made ineligible to participate in the
5 State Universities Retirement System by clause (4) of
6 subsection (a) of Section 15-107 of the Illinois Pension Code
7 is also an "employee" for the purposes of this Act.
8 "Employee" also includes any person receiving or eligible for
9 benefits under a sick pay plan established in accordance with
10 Section 36 of the State Finance Act. "Employee" also includes
11 each officer or employee in the service of a qualified local
12 government, including persons appointed as trustees of
13 sanitary districts regardless of hours devoted to the service
14 of the sanitary district, and each employee in the service of
15 a qualified rehabilitation facility and each full-time
16 employee in the service of a qualified domestic violence
17 shelter or service, as determined according to rules
18 promulgated by the Director.
19 (l) "Member" means an employee, annuitant, retired
20 employee or survivor.
21 (m) "Optional coverages or benefits" means those
22 coverages or benefits available to the member on his or her
23 voluntary election, and at his or her own expense.
24 (n) "Program" means the group life insurance, health
25 benefits and other employee benefits designed and contracted
26 for by the Director under this Act.
27 (o) "Health plan" means a self-insured health insurance
28 program offered by the State of Illinois for the purposes of
29 benefiting employees by means of providing, among others,
30 wellness programs, utilization reviews, second opinions and
31 medical fee reviews, as well as for paying for hospital and
32 medical care up to the maximum coverage provided by the plan,
33 to its members and their dependents.
34 (p) "Retired employee" means any person who would be an
HB1268 Enrolled -45- LRB9000999EGfg
1 annuitant as that term is defined herein but for the fact
2 that such person retired prior to January 1, 1966. Such term
3 also includes any person formerly employed by the University
4 of Illinois in the Cooperative Extension Service who would be
5 an annuitant but for the fact that such person was made
6 ineligible to participate in the State Universities
7 Retirement System by clause (4) of subsection (a) of Section
8 15-107 of the Illinois Pension Code.
9 (p-6) "New SURS retired employee" means a person who, on
10 or after January 1, 1998, becomes a retired employee, as
11 defined in subsection (p), by virtue of being a person
12 formerly employed by the University of Illinois in the
13 Cooperative Extension Service who would be an annuitant but
14 for the fact that he or she was made ineligible to
15 participate in the State Universities Retirement System by
16 clause (4) of subsection (a) of Section 15-107 of the
17 Illinois Pension Code, and who is eligible to participate in
18 the basic program of group health benefits provided for
19 retired employees under this Act.
20 (q) "Survivor" means a person receiving an annuity as a
21 survivor of an employee or of an annuitant. "Survivor" also
22 includes: (1) the surviving dependent of a person who
23 satisfies the definition of "employee" except that such
24 person is made ineligible to participate in the State
25 Universities Retirement System by clause (4) of subsection
26 (a) of Section 15-107 of the Illinois Pension Code; and (2)
27 the surviving dependent of any person formerly employed by
28 the University of Illinois in the Cooperative Extension
29 Service who would be an annuitant except for the fact that
30 such person was made ineligible to participate in the State
31 Universities Retirement System by clause (4) of subsection
32 (a) of Section 15-107 of the Illinois Pension Code.
33 (q-5) "New SERS survivor" means a survivor, as defined
34 in subsection (q), whose annuity is paid under Article 14 of
HB1268 Enrolled -46- LRB9000999EGfg
1 the Illinois Pension Code and is based on the death of (i) an
2 employee whose death occurs on or after January 1, 1998, or
3 (ii) a new SERS annuitant as defined in subsection (b-5).
4 (q-6) "New SURS survivor" means a survivor, as defined
5 in subsection (q), whose annuity is paid under Article 15 of
6 the Illinois Pension Code and is based on the death of (i) an
7 employee whose death occurs on or after January 1, 1998, (ii)
8 a new SURS annuitant as defined in subsection (b-6), or (iii)
9 a new SURS retired employee as defined in subsection (p-6).
10 (r) "Medical services" means the services provided
11 within the scope of their licenses by practitioners in all
12 categories licensed under the Medical Practice Act of 1987.
13 (s) "Unit of local government" means any county,
14 municipality, township, school district, special district or
15 other unit, designated as a unit of local government by law,
16 which exercises limited governmental powers or powers in
17 respect to limited governmental subjects, any not-for-profit
18 association with a membership that primarily includes
19 townships and township officials, that has duties that
20 include provision of research service, dissemination of
21 information, and other acts for the purpose of improving
22 township government, and that is funded wholly or partly in
23 accordance with Section 85-15 of the Township Code; any
24 not-for-profit corporation or association, with a membership
25 consisting primarily of municipalities, that operates its own
26 utility system, and provides research, training,
27 dissemination of information, or other acts to promote
28 cooperation between and among municipalities that provide
29 utility services and for the advancement of the goals and
30 purposes of its membership; and the Illinois Association of
31 Park Districts. "Qualified local government" means a unit of
32 local government approved by the Director and participating
33 in a program created under subsection (i) of Section 10 of
34 this Act.
HB1268 Enrolled -47- LRB9000999EGfg
1 (t) "Qualified rehabilitation facility" means any
2 not-for-profit organization that is accredited by the
3 Commission on Accreditation of Rehabilitation Facilities or
4 certified by the Department of Human Services (as successor
5 to the Department of Mental Health and Developmental
6 Disabilities) to provide services to persons with
7 disabilities and which receives funds from the State of
8 Illinois for providing those services, approved by the
9 Director and participating in a program created under
10 subsection (j) of Section 10 of this Act.
11 (u) "Qualified domestic violence shelter or service"
12 means any Illinois domestic violence shelter or service and
13 its administrative offices funded by the Department of Human
14 Services (as successor to the Illinois Department of Public
15 Aid), approved by the Director and participating in a program
16 created under subsection (k) of Section 10.
17 (v) "TRS benefit recipient" means a person who:
18 (1) is not a "member" as defined in this Section;
19 and
20 (2) is receiving a monthly benefit or retirement
21 annuity under Article 16 of the Illinois Pension Code;
22 and
23 (3) either (i) has at least 8 years of creditable
24 service under Article 16 of the Illinois Pension Code, or
25 (ii) was enrolled in the health insurance program offered
26 under that Article on January 1, 1996, or (iii) is the
27 survivor of a benefit recipient who had at least 8 years
28 of creditable service under Article 16 of the Illinois
29 Pension Code or was enrolled in the health insurance
30 program offered under that Article on the effective date
31 of this amendatory Act of 1995, or (iv) is a recipient or
32 survivor of a recipient of a disability benefit under
33 Article 16 of the Illinois Pension Code.
34 (w) "TRS dependent beneficiary" means a person who:
HB1268 Enrolled -48- LRB9000999EGfg
1 (1) is not a "member" or "dependent" as defined in
2 this Section; and
3 (2) is a TRS benefit recipient's: (A) spouse, (B)
4 dependent parent who is receiving at least half of his or
5 her support from the TRS benefit recipient, or (C)
6 unmarried natural or adopted child who is (i) under age
7 19, or (ii) enrolled as a full-time student in an
8 accredited school, financially dependent upon the TRS
9 benefit recipient, eligible as a dependent for Illinois
10 State income tax purposes, and either is under age 24 or
11 was, on January 1, 1996, participating as a dependent
12 beneficiary in the health insurance program offered under
13 Article 16 of the Illinois Pension Code, or (iii) age 19
14 or over who is mentally or physically handicapped as
15 defined in the Illinois Insurance Code.
16 (x) "Military leave with pay and benefits" refers to
17 individuals in basic training for reserves, special/advanced
18 training, annual training, emergency call up, or activation
19 by the President of the United States with approved pay and
20 benefits.
21 (y) "Military leave without pay and benefits" refers to
22 individuals who enlist for active duty in a regular component
23 of the U.S. Armed Forces or other duty not specified or
24 authorized under military leave with pay and benefits.
25 (z) "Community college benefit recipient" means a person
26 who:
27 (1) is not a "member" as defined in this Section;
28 and
29 (2) is receiving a monthly survivor's annuity or
30 retirement annuity under Article 15 of the Illinois
31 Pension Code; and
32 (3) either (i) was a full-time employee of a
33 community college district or an association of community
34 college boards created under the Public Community College
HB1268 Enrolled -49- LRB9000999EGfg
1 Act (other than an employee whose last employer under
2 Article 15 of the Illinois Pension Code was a community
3 college district subject to Article VII of the Public
4 Community College Act) and was eligible to participate in
5 a group health benefit plan as an employee during the
6 time of employment with a community college district
7 (other than a community college district subject to
8 Article VII of the Public Community College Act) or an
9 association of community college boards, or (ii) is the
10 survivor of a person described in item (i).
11 (aa) "Community college dependent beneficiary" means a
12 person who:
13 (1) is not a "member" or "dependent" as defined in
14 this Section; and
15 (2) is a community college benefit recipient's: (A)
16 spouse, (B) dependent parent who is receiving at least
17 half of his or her support from the community college
18 benefit recipient, or (C) unmarried natural or adopted
19 child who is (i) under age 19, or (ii) enrolled as a
20 full-time student in an accredited school, financially
21 dependent upon the community college benefit recipient,
22 eligible as a dependent for Illinois State income tax
23 purposes and under age 23, or (iii) age 19 or over and
24 mentally or physically handicapped as defined in the
25 Illinois Insurance Code.
26 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95;
27 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff.
28 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628,
29 eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
30 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
31 revised 10-13-97.)
32 (5 ILCS 375/6.9)
33 Sec. 6.9. Health benefits for community college benefit
HB1268 Enrolled -50- LRB9000999EGfg
1 recipients and community college dependent beneficiaries.
2 (a) Purpose. It is the purpose of this amendatory Act
3 of 1997 to establish a uniform program of health benefits for
4 community college benefit recipients and their dependent
5 beneficiaries under the administration of the Department of
6 Central Management Services.
7 (b) Creation of program. Beginning July 1, 1999, the
8 Department of Central Management Services shall be
9 responsible for administering a program of health benefits
10 for community college benefit recipients and community
11 college dependent beneficiaries under this Section. The
12 State Universities Retirement System and the boards of
13 trustees of the various community college districts shall
14 cooperate with the Department in this endeavor.
15 (c) Eligibility. All community college benefit
16 recipients and community college dependent beneficiaries
17 shall be eligible to participate in the program established
18 under this Section, without any interruption or delay in
19 coverage or limitation as to pre-existing medical conditions.
20 Eligibility to participate shall be determined by the State
21 Universities Retirement System. Eligibility information
22 shall be communicated to the Department of Central Management
23 Services in a format acceptable to the Department.
24 (d) Coverage. The health benefit coverage provided
25 under this Section shall be a program of health, dental, and
26 vision benefits.
27 The program of health benefits under this Section may
28 include any or all of the benefit limitations, including but
29 not limited to a reduction in benefits based on eligibility
30 for federal medicare benefits, that are provided under
31 subsection (a) of Section 6 of this Act for other health
32 benefit programs under this Act.
33 (e) Insurance rates and premiums. The Director shall
34 determine the insurance rates and premiums for community
HB1268 Enrolled -51- LRB9000999EGfg
1 college benefit recipients and community college dependent
2 beneficiaries. Rates and premiums may be based in part on
3 age and eligibility for federal Medicare coverage. The
4 Director shall also determine premiums that will allow for
5 the establishment of an actuarially sound reserve for this
6 program.
7 The cost of health benefits under the program shall be
8 paid as follows:
9 (1) For a community college benefit recipient, up
10 to 75% of the total insurance rate shall be paid from the
11 Community College Health Insurance Security Fund.
12 (2) The balance of the rate of insurance, including
13 the entire premium for any coverage for community college
14 dependent beneficiaries that has been elected, shall be
15 paid by deductions authorized by the community college
16 benefit recipient to be withheld from his or her monthly
17 annuity or benefit payment from the State Universities
18 Retirement System; except that (i) if the balance of the
19 cost of coverage exceeds the amount of the monthly
20 annuity or benefit payment, the difference shall be paid
21 directly to the State Universities Retirement System by
22 the community college benefit recipient, and (ii) all or
23 part of the balance of the cost of coverage may, at the
24 option of the board of trustees of the community college
25 district, be paid to the State Universities Retirement
26 System by the board of the community college district
27 from which the community college benefit recipient
28 retired. The State Universities Retirement System shall
29 promptly deposit all moneys withheld by or paid to it
30 under this subdivision (e)(2) into the Community College
31 Health Insurance Security Fund. These moneys shall not
32 be considered assets of the State Universities Retirement
33 System.
34 (f) Financing. All revenues arising from the
HB1268 Enrolled -52- LRB9000999EGfg
1 administration of the health benefit program established
2 under this Section shall be deposited into the Community
3 College Health Insurance Security Fund, which is hereby
4 created as a nonappropriated trust fund to be held outside
5 the State Treasury, with the State Treasurer as custodian.
6 Any interest earned on moneys in the Community College Health
7 Insurance Security Fund shall be deposited into the Fund.
8 Moneys in the Community College Health Insurance Security
9 Fund shall be used only to pay the costs of the health
10 benefit program established under this Section, including
11 associated administrative costs and the establishment of a
12 program reserve. Beginning January 1, 1999, the Department
13 of Central Management Services may make expenditures from the
14 Community College Health Insurance Security Fund for those
15 costs.
16 (g) Contract for benefits. The Director shall by
17 contract, self-insurance, or otherwise make available the
18 program of health benefits for community college benefit
19 recipients and their community college dependent
20 beneficiaries that is provided for in this Section. The
21 contract or other arrangement for the provision of these
22 health benefits shall be on terms deemed by the Director to
23 be in the best interest of the State of Illinois and the
24 community college benefit recipients based on, but not
25 limited to, such criteria as administrative cost, service
26 capabilities of the carrier or other contractor, and the
27 costs of the benefits.
28 (h) Continuation of program. It is the intention of the
29 General Assembly that the program of health benefits provided
30 under this Section be maintained on an ongoing, affordable
31 basis. The program of health benefits provided under this
32 Section may be amended by the State and is not intended to be
33 a pension or retirement benefit subject to protection under
34 Article XIII, Section 5 of the Illinois Constitution.
HB1268 Enrolled -53- LRB9000999EGfg
1 (i) Other health benefit plans. A health benefit plan
2 provided by a community college district (other than a
3 community college district subject to Article VII of the
4 Public Community College Act) under the terms of a collective
5 bargaining agreement in effect on or prior to the effective
6 date of this amendatory Act of 1997 shall continue in force
7 according to the terms of that agreement, unless otherwise
8 mutually agreed by the parties to that agreement and the
9 affected retiree. A community college benefit recipient or
10 community college dependent beneficiary whose coverage under
11 such a plan expires shall be eligible to begin participating
12 in the program established under this Section without any
13 interruption or delay in coverage or limitation as to
14 pre-existing medical conditions.
15 This Act does not prohibit any community college district
16 from offering additional health benefits for its retirees or
17 their dependents or survivors.
18 (Source: P.A. 90-497, eff. 8-18-97; revised 11-10-97.)
19 (5 ILCS 375/6.11)
20 Sec. 6.11. 6.9. Required health benefits. The program
21 of health benefits shall provide the post-mastectomy care
22 benefits required to be covered by a policy of accident and
23 health insurance under Section 356t of the Illinois Insurance
24 Code. The program of health benefits shall provide the
25 coverage required under Section 356u of the Illinois
26 Insurance Code.
27 (Source: P.A. 90-7, eff. 6-10-97; revised 11-10-97.)
28 (5 ILCS 375/10) (from Ch. 127, par. 530)
29 Sec. 10. Payments by State; premiums.
30 (a) The State shall pay the cost of basic
31 non-contributory group life insurance and, subject to member
32 paid contributions set by the Department or required by this
HB1268 Enrolled -54- LRB9000999EGfg
1 Section, the basic program of group health benefits on each
2 eligible member, except a member, not otherwise covered by
3 this Act, who has retired as a participating member under
4 Article 2 of the Illinois Pension Code but is ineligible for
5 the retirement annuity under Section 2-119 of the Illinois
6 Pension Code, and part of each eligible member's and retired
7 member's premiums for health insurance coverage for enrolled
8 dependents as provided by Section 9. The State shall pay the
9 cost of the basic program of group health benefits only after
10 benefits are reduced by the amount of benefits covered by
11 Medicare for all retired members and retired dependents aged
12 65 years or older who are entitled to benefits under Social
13 Security or the Railroad Retirement system or who had
14 sufficient Medicare-covered government employment except that
15 such reduction in benefits shall apply only to those retired
16 members or retired dependents who (1) first become eligible
17 for such Medicare coverage on or after July 1, 1992; or (2)
18 remain eligible for, but no longer receive Medicare coverage
19 which they had been receiving on or after July 1, 1992. The
20 Department may determine the aggregate level of the State's
21 contribution on the basis of actual cost of medical services
22 adjusted for age, sex or geographic or other demographic
23 characteristics which affect the costs of such programs.
24 (a-1) Beginning January 1, 1998, for each person who
25 becomes a new SERS annuitant and participates in the basic
26 program of group health benefits, the State shall contribute
27 toward the cost of the annuitant's coverage under the basic
28 program of group health benefits an amount equal to 5% of
29 that cost for each full year of creditable service upon which
30 the annuitant's retirement annuity is based, up to a maximum
31 of 100% for an annuitant with 20 or more years of creditable
32 service. The remainder of the cost of a new SERS annuitant's
33 coverage under the basic program of group health benefits
34 shall be the responsibility of the annuitant.
HB1268 Enrolled -55- LRB9000999EGfg
1 (a-2) Beginning January 1, 1998, for each person who
2 becomes a new SERS survivor and participates in the basic
3 program of group health benefits, the State shall contribute
4 toward the cost of the survivor's coverage under the basic
5 program of group health benefits an amount equal to 5% of
6 that cost for each full year of the deceased employee's or
7 deceased annuitant's creditable service in the State
8 Employees' Retirement System of Illinois on the date of
9 death, up to a maximum of 100% for a survivor of an employee
10 or annuitant with 20 or more years of creditable service.
11 The remainder of the cost of the new SERS survivor's coverage
12 under the basic program of group health benefits shall be the
13 responsibility of the survivor.
14 (a-3) Beginning January 1, 1998, for each person who
15 becomes a new SURS annuitant and participates in the basic
16 program of group health benefits, the State shall contribute
17 toward the cost of the annuitant's coverage under the basic
18 program of group health benefits an amount equal to 5% of
19 that cost for each full year of creditable service upon which
20 the annuitant's retirement annuity is based, up to a maximum
21 of 100% for an annuitant with 20 or more years of creditable
22 service. The remainder of the cost of a new SURS annuitant's
23 coverage under the basic program of group health benefits
24 shall be the responsibility of the annuitant.
25 (a-4) Beginning January 1, 1998, for each person who
26 becomes a new SURS retired employee and participates in the
27 basic program of group health benefits, the State shall
28 contribute toward the cost of the retired employee's coverage
29 under the basic program of group health benefits an amount
30 equal to 5% of that cost for each full year that the retired
31 employee was an employee as defined in Section 3, up to a
32 maximum of 100% for a retired employee who was an employee
33 for 20 or more years. The remainder of the cost of a new
34 SURS retired employee's coverage under the basic program of
HB1268 Enrolled -56- LRB9000999EGfg
1 group health benefits shall be the responsibility of the
2 retired employee.
3 (a-5) Beginning January 1, 1998, for each person who
4 becomes a new SURS survivor and participates in the basic
5 program of group health benefits, the State shall contribute
6 toward the cost of the survivor's coverage under the basic
7 program of group health benefits an amount equal to 5% of
8 that cost for each full year of the deceased employee's or
9 deceased annuitant's creditable service in the State
10 Universities Employees' Retirement System of Illinois on the
11 date of death, up to a maximum of 100% for a survivor of an
12 employee or annuitant with 20 or more years of creditable
13 service. The remainder of the cost of the new SURS
14 survivor's coverage under the basic program of group health
15 benefits shall be the responsibility of the survivor.
16 (a-6) A new SERS annuitant, new SERS survivor, new SURS
17 annuitant, new SURS retired employee, or new SURS survivor
18 may waive or terminate coverage in the program of group
19 health benefits. Any such annuitant, survivor, or retired
20 employee who has waived or terminated coverage may enroll or
21 re-enroll in the program of group health benefits only during
22 the annual benefit choice period, as determined by the
23 Director; except that in the event of termination of coverage
24 due to nonpayment of premiums, the annuitant, survivor, or
25 retired employee may not re-enroll in the program.
26 (a-7) No later than May 1 of each calendar year, the
27 Director of Central Management Services shall certify in
28 writing to the Executive Secretary of the State Employees'
29 Employee's Retirement System of Illinois the amounts of the
30 Medicare supplement health care premiums and the amounts of
31 the health care premiums for all other retirees who are not
32 Medicare eligible.
33 A separate calculation of the premiums based upon the
34 actual cost of each health care plan shall be so certified.
HB1268 Enrolled -57- LRB9000999EGfg
1 The Director of Central Management Services shall provide
2 to the Executive Secretary of the State Employees' Employee's
3 Retirement System of Illinois such information, statistics,
4 and other data as he or she he/she may require to review the
5 premium amounts certified by the Director of Central
6 Management Services.
7 (b) State employees who become eligible for this program
8 on or after January 1, 1980 in positions, normally requiring
9 actual performance of duty not less than 1/2 of a normal work
10 period but not equal to that of a normal work period, shall
11 be given the option of participating in the available
12 program. If the employee elects coverage, the State shall
13 contribute on behalf of such employee to the cost of the
14 employee's benefit and any applicable dependent supplement,
15 that sum which bears the same percentage as that percentage
16 of time the employee regularly works when compared to normal
17 work period.
18 (c) The basic non-contributory coverage from the basic
19 program of group health benefits shall be continued for each
20 employee not in pay status or on active service by reason of
21 (1) leave of absence due to illness or injury, (2) authorized
22 educational leave of absence or sabbatical leave, or (3)
23 military leave with pay and benefits. This coverage shall
24 continue until expiration of authorized leave and return to
25 active service, but not to exceed 24 months for leaves under
26 item (1) or (2). This 24-month limitation and the requirement
27 of returning to active service shall not apply to persons
28 receiving ordinary or accidental disability benefits or
29 retirement benefits through the appropriate State retirement
30 system or benefits under the Workers' Compensation or
31 Occupational Disease Act.
32 (d) The basic group life insurance coverage shall
33 continue, with full State contribution, where such person is
34 (1) absent from active service by reason of disability
HB1268 Enrolled -58- LRB9000999EGfg
1 arising from any cause other than self-inflicted, (2) on
2 authorized educational leave of absence or sabbatical leave,
3 or (3) on military leave with pay and benefits.
4 (e) Where the person is in non-pay status for a period
5 in excess of 30 days or on leave of absence, other than by
6 reason of disability, educational or sabbatical leave, or
7 military leave with pay and benefits, such person may
8 continue coverage only by making personal payment equal to
9 the amount normally contributed by the State on such person's
10 behalf. Such payments and coverage may be continued: (1)
11 until such time as the person returns to a status eligible
12 for coverage at State expense, but not to exceed 24 months,
13 (2) until such person's employment or annuitant status with
14 the State is terminated, or (3) for a maximum period of 4
15 years for members on military leave with pay and benefits and
16 military leave without pay and benefits (exclusive of any
17 additional service imposed pursuant to law).
18 (f) The Department shall establish by rule the extent
19 to which other employee benefits will continue for persons in
20 non-pay status or who are not in active service.
21 (g) The State shall not pay the cost of the basic
22 non-contributory group life insurance, program of health
23 benefits and other employee benefits for members who are
24 survivors as defined by paragraphs (1) and (2) of subsection
25 (q) of Section 3 of this Act. The costs of benefits for
26 these survivors shall be paid by the survivors or by the
27 University of Illinois Cooperative Extension Service, or any
28 combination thereof.
29 (h) Those persons occupying positions with any
30 department as a result of emergency appointments pursuant to
31 Section 8b.8 of the Personnel Code who are not considered
32 employees under this Act shall be given the option of
33 participating in the programs of group life insurance, health
34 benefits and other employee benefits. Such persons electing
HB1268 Enrolled -59- LRB9000999EGfg
1 coverage may participate only by making payment equal to the
2 amount normally contributed by the State for similarly
3 situated employees. Such amounts shall be determined by the
4 Director. Such payments and coverage may be continued until
5 such time as the person becomes an employee pursuant to this
6 Act or such person's appointment is terminated.
7 (i) Any unit of local government within the State of
8 Illinois may apply to the Director to have its employees,
9 annuitants, and their dependents provided group health
10 coverage under this Act on a non-insured basis. To
11 participate, a unit of local government must agree to enroll
12 all of its employees, who may select coverage under either
13 the State group health insurance plan or a health maintenance
14 organization that has contracted with the State to be
15 available as a health care provider for employees as defined
16 in this Act. A unit of local government must remit the
17 entire cost of providing coverage under the State group
18 health insurance plan or, for coverage under a health
19 maintenance organization, an amount determined by the
20 Director based on an analysis of the sex, age, geographic
21 location, or other relevant demographic variables for its
22 employees, except that the unit of local government shall not
23 be required to enroll those of its employees who are covered
24 spouses or dependents under this plan or another group policy
25 or plan providing health benefits as long as (1) an
26 appropriate official from the unit of local government
27 attests that each employee not enrolled is a covered spouse
28 or dependent under this plan or another group policy or plan,
29 and (2) at least 85% of the employees are enrolled and the
30 unit of local government remits the entire cost of providing
31 coverage to those employees. Employees of a participating
32 unit of local government who are not enrolled due to coverage
33 under another group health policy or plan may enroll at a
34 later date subject to submission of satisfactory evidence of
HB1268 Enrolled -60- LRB9000999EGfg
1 insurability and provided that no benefits shall be payable
2 for services incurred during the first 6 months of coverage
3 to the extent the services are in connection with any
4 pre-existing condition. A participating unit of local
5 government may also elect to cover its annuitants. Dependent
6 coverage shall be offered on an optional basis, with the
7 costs paid by the unit of local government, its employees, or
8 some combination of the two as determined by the unit of
9 local government. The unit of local government shall be
10 responsible for timely collection and transmission of
11 dependent premiums.
12 The Director shall annually determine monthly rates of
13 payment, subject to the following constraints:
14 (1) In the first year of coverage, the rates shall
15 be equal to the amount normally charged to State
16 employees for elected optional coverages or for enrolled
17 dependents coverages or other contributory coverages, or
18 contributed by the State for basic insurance coverages on
19 behalf of its employees, adjusted for differences between
20 State employees and employees of the local government in
21 age, sex, geographic location or other relevant
22 demographic variables, plus an amount sufficient to pay
23 for the additional administrative costs of providing
24 coverage to employees of the unit of local government and
25 their dependents.
26 (2) In subsequent years, a further adjustment shall
27 be made to reflect the actual prior years' claims
28 experience of the employees of the unit of local
29 government.
30 In the case of coverage of local government employees
31 under a health maintenance organization, the Director shall
32 annually determine for each participating unit of local
33 government the maximum monthly amount the unit may contribute
34 toward that coverage, based on an analysis of (i) the age,
HB1268 Enrolled -61- LRB9000999EGfg
1 sex, geographic location, and other relevant demographic
2 variables of the unit's employees and (ii) the cost to cover
3 those employees under the State group health insurance plan.
4 The Director may similarly determine the maximum monthly
5 amount each unit of local government may contribute toward
6 coverage of its employees' dependents under a health
7 maintenance organization.
8 Monthly payments by the unit of local government or its
9 employees for group health insurance or health maintenance
10 organization coverage shall be deposited in the Local
11 Government Health Insurance Reserve Fund. The Local
12 Government Health Insurance Reserve Fund shall be a
13 continuing fund not subject to fiscal year limitations. All
14 expenditures from this fund shall be used for payments for
15 health care benefits for local government and rehabilitation
16 facility employees, annuitants, and dependents, and to
17 reimburse the Department or its administrative service
18 organization for all expenses incurred in the administration
19 of benefits. No other State funds may be used for these
20 purposes.
21 A local government employer's participation or desire to
22 participate in a program created under this subsection shall
23 not limit that employer's duty to bargain with the
24 representative of any collective bargaining unit of its
25 employees.
26 (j) Any rehabilitation facility within the State of
27 Illinois may apply to the Director to have its employees,
28 annuitants, and their dependents provided group health
29 coverage under this Act on a non-insured basis. To
30 participate, a rehabilitation facility must agree to enroll
31 all of its employees and remit the entire cost of providing
32 such coverage for its employees, except that the
33 rehabilitation facility shall not be required to enroll those
34 of its employees who are covered spouses or dependents under
HB1268 Enrolled -62- LRB9000999EGfg
1 this plan or another group policy or plan providing health
2 benefits as long as (1) an appropriate official from the
3 rehabilitation facility attests that each employee not
4 enrolled is a covered spouse or dependent under this plan or
5 another group policy or plan, and (2) at least 85% of the
6 employees are enrolled and the rehabilitation facility remits
7 the entire cost of providing coverage to those employees.
8 Employees of a participating rehabilitation facility who are
9 not enrolled due to coverage under another group health
10 policy or plan may enroll at a later date subject to
11 submission of satisfactory evidence of insurability and
12 provided that no benefits shall be payable for services
13 incurred during the first 6 months of coverage to the extent
14 the services are in connection with any pre-existing
15 condition. A participating rehabilitation facility may also
16 elect to cover its annuitants. Dependent coverage shall be
17 offered on an optional basis, with the costs paid by the
18 rehabilitation facility, its employees, or some combination
19 of the 2 as determined by the rehabilitation facility. The
20 rehabilitation facility shall be responsible for timely
21 collection and transmission of dependent premiums.
22 The Director shall annually determine quarterly rates of
23 payment, subject to the following constraints:
24 (1) In the first year of coverage, the rates shall
25 be equal to the amount normally charged to State
26 employees for elected optional coverages or for enrolled
27 dependents coverages or other contributory coverages on
28 behalf of its employees, adjusted for differences between
29 State employees and employees of the rehabilitation
30 facility in age, sex, geographic location or other
31 relevant demographic variables, plus an amount sufficient
32 to pay for the additional administrative costs of
33 providing coverage to employees of the rehabilitation
34 facility and their dependents.
HB1268 Enrolled -63- LRB9000999EGfg
1 (2) In subsequent years, a further adjustment shall
2 be made to reflect the actual prior years' claims
3 experience of the employees of the rehabilitation
4 facility.
5 Monthly payments by the rehabilitation facility or its
6 employees for group health insurance shall be deposited in
7 the Local Government Health Insurance Reserve Fund.
8 (k) Any domestic violence shelter or service within the
9 State of Illinois may apply to the Director to have its
10 employees, annuitants, and their dependents provided group
11 health coverage under this Act on a non-insured basis. To
12 participate, a domestic violence shelter or service must
13 agree to enroll all of its employees and pay the entire cost
14 of providing such coverage for its employees. A
15 participating domestic violence shelter may also elect to
16 cover its annuitants. Dependent coverage shall be offered on
17 an optional basis, with employees, or some combination of the
18 2 as determined by the domestic violence shelter or service.
19 The domestic violence shelter or service shall be responsible
20 for timely collection and transmission of dependent premiums.
21 The Director shall annually determine quarterly rates of
22 payment, subject to the following constraints:
23 (1) In the first year of coverage, the rates shall
24 be equal to the amount normally charged to State
25 employees for elected optional coverages or for enrolled
26 dependents coverages or other contributory coverages on
27 behalf of its employees, adjusted for differences between
28 State employees and employees of the domestic violence
29 shelter or service in age, sex, geographic location or
30 other relevant demographic variables, plus an amount
31 sufficient to pay for the additional administrative costs
32 of providing coverage to employees of the domestic
33 violence shelter or service and their dependents.
34 (2) In subsequent years, a further adjustment shall
HB1268 Enrolled -64- LRB9000999EGfg
1 be made to reflect the actual prior years' claims
2 experience of the employees of the domestic violence
3 shelter or service.
4 (3) In no case shall the rate be less than the
5 amount normally charged to State employees or contributed
6 by the State on behalf of its employees.
7 Monthly payments by the domestic violence shelter or
8 service or its employees for group health insurance shall be
9 deposited in the Local Government Health Insurance Reserve
10 Fund.
11 (l) A public community college or entity organized
12 pursuant to the Public Community College Act may apply to the
13 Director initially to have only annuitants not covered prior
14 to July 1, 1992 by the district's health plan provided health
15 coverage under this Act on a non-insured basis. The
16 community college must execute a 2-year contract to
17 participate in the Local Government Health Plan. Those
18 annuitants enrolled initially under this contract shall have
19 no benefits payable for services incurred during the first 6
20 months of coverage to the extent the services are in
21 connection with any pre-existing condition. Any annuitant
22 who may enroll after this initial enrollment period shall be
23 subject to submission of satisfactory evidence of
24 insurability and to the pre-existing conditions limitation.
25 The Director shall annually determine monthly rates of
26 payment subject to the following constraints: for those
27 community colleges with annuitants only enrolled, first year
28 rates shall be equal to the average cost to cover claims for
29 a State member adjusted for demographics, Medicare
30 participation, and other factors; and in the second year, a
31 further adjustment of rates shall be made to reflect the
32 actual first year's claims experience of the covered
33 annuitants.
34 (m) The Director shall adopt any rules deemed necessary
HB1268 Enrolled -65- LRB9000999EGfg
1 for implementation of this amendatory Act of 1989 (Public Act
2 86-978).
3 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
4 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
5 7-7-97; revised 1-13-98.)
6 Section 13. The State Designations Act is amended by
7 changing Section 25 as follows:
8 (5 ILCS 460/25) (from Ch. 1, par. 2901-25)
9 Sec. 25. State mineral. The mineral calcium fluoride
10 flouride, commonly called "fluorite", is designated the
11 official State mineral of the State of Illinois.
12 (Source: P.A. 87-273; revised 6-27-97.)
13 Section 14. The Election Code is amended by changing
14 Sections 7-34, 16-4.1, 17-23, 20-13.1, and 23-6.1 as follows:
15 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
16 Sec. 7-34. Pollwatchers in a primary election shall be
17 authorized in the following manner:
18 (1) Each established political party shall be entitled
19 to appoint one pollwatcher per precinct. Such pollwatchers
20 must be affiliated with the political party for which they
21 are pollwatching. For all primary elections, except as
22 provided in subsection (5), such pollwatchers must be
23 registered to vote from a residence in the county in which
24 they are pollwatching.
25 (2) Each candidate shall be entitled to appoint two
26 pollwatchers per precinct. For Federal, State, and county
27 primary elections, one pollwatcher must be registered to vote
28 from a residence in the county in which he is pollwatching.
29 The second pollwatcher must be registered to vote from a
30 residence in the precinct or ward in which he is
HB1268 Enrolled -66- LRB9000999EGfg
1 pollwatching. For township and municipal primary elections,
2 one pollwatcher must be registered to vote from a residence
3 in the county in which he is pollwatching. The second
4 pollwatcher must be registered to vote from a residence in
5 the precinct or ward in which he is pollwatching.
6 (3) Each organization of citizens within the county or
7 political subdivision, which has among its purposes or
8 interests the investigation or prosecution of election
9 frauds, and which shall have registered its name and address
10 and the names and addresses of its principal officers with
11 the proper election authority at least 40 days before the
12 primary election, shall be entitled to appoint one
13 pollwatcher per precinct. For all primary elections, except
14 as provided in subsection (5), such pollwatcher must be
15 registered to vote from a residence in the county in which he
16 is pollwatching.
17 (4) Each organized group of proponents or opponents of a
18 ballot proposition, which shall have registered the name and
19 address of its organization or committee and the name and
20 address of its chairman with the proper election authority at
21 least 40 days before the primary election, shall be entitled
22 to appoint one pollwatcher per precinct. Except as provided
23 in subsection (5), such pollwatcher must be registered to
24 vote from a residence in the county in which the ballot
25 proposition is being voted upon.
26 (5) In any primary election held to nominate candidates
27 for the offices of a municipality of less than 3,000,000
28 population that is situated in 2 or more counties, a
29 pollwatcher who is a resident of a county in which any part
30 of the municipality is situated shall be eligible to serve as
31 a pollwatcher in any polling place located within such
32 municipality, provided that such pollwatcher otherwise
33 complies with the respective requirements of subsections (1)
34 through (4) of this Section and is a registered voter whose
HB1268 Enrolled -67- LRB9000999EGfg
1 residence is within the municipality.
2 All pollwatchers shall be required to have proper
3 credentials. Such credentials shall be printed in sufficient
4 quantities, shall be issued by and under the facsimile
5 signature(s) of the election authority and shall be available
6 for distribution at least 2 weeks prior to the election.
7 Such credentials shall be authorized by the real or facsimile
8 signature of the State or local party official or the
9 candidate or the presiding officer of the civic organization
10 or the chairman of the proponent or opponent group, as the
11 case may be.
12 Pollwatcher credentials shall be in substantially the
13 following form:
14 POLLWATCHER CREDENTIALS
15 TO THE JUDGES OF ELECTION:
16 In accordance with the provisions of the Election Code,
17 the undersigned hereby appoints ........... (name of
18 pollwatcher) at .......... (address) in the county of
19 ..........., .......... (township or municipality) of
20 ........... (name), State of Illinois and who is duly
21 registered to vote from this address, to act as a
22 pollwatcher in the ........... precinct of the ..........
23 ward (if applicable) of the ........... (township or
24 municipality) of ........... at the ........... election to
25 be held on ..........., 19.. (date).
26 ........................ (Signature of Appointing Authority)
27 ........................ TITLE (party official, candidate,
28 civic organization president,
29 proponent or opponent group chairman)
30 Under penalties provided by law pursuant to Section 29-10
31 of the Election Code, the undersigned pollwatcher certifies
32 that he or she resides at .............. (address) in the
33 county of ........., ......... (township or municipality) of
34 .......... (name), State of Illinois, and is duly registered
HB1268 Enrolled -68- LRB9000999EGfg
1 to vote from that address.
2 ........................... ..........................
3 (Precinct and/or Ward in (Signature of Pollwatcher)
4 Which Pollwatcher Resides)
5 Pollwatchers must present their credentials to the Judges
6 of Election upon entering the polling place. Pollwatcher
7 credentials properly executed and signed shall be proof of
8 the qualifications of the pollwatcher authorized thereby.
9 Such credentials are retained by the Judges and returned to
10 the Election Authority at the end of the day of election with
11 the other election materials. Once a pollwatcher has
12 surrendered a valid credential, he may leave and reenter the
13 polling place provided that such continuing action does not
14 disrupt the conduct of the election. Pollwatchers may be
15 substituted during the course of the day, but established
16 political parties, candidates, qualified civic organizations
17 and proponents and opponents of a ballot proposition can have
18 only as many pollwatchers at any given time as are authorized
19 in this Article. A substitute must present his signed
20 credential to the judges of election upon entering the
21 polling place. Election authorities must provide a
22 sufficient number of credentials to allow for substitution of
23 pollwatchers. After the polls have closed, pollwatchers shall
24 be allowed to remain until the canvass of votes is completed;
25 but may leave and reenter only in cases of necessity,
26 provided that such action is not so continuous as to disrupt
27 the canvass of votes.
28 Candidates seeking office in a district or municipality
29 encompassing 2 or more counties shall be admitted to any and
30 all polling places throughout such district or municipality
31 without regard to the counties in which such candidates are
32 registered to vote. Actions of such candidates shall be
33 governed in each polling place by the same privileges and
34 limitations that apply to pollwatchers as provided in this
HB1268 Enrolled -69- LRB9000999EGfg
1 Section. Any such candidate who engages in an activity in a
2 polling place which could reasonably be construed by a
3 majority of the judges of election as campaign activity shall
4 be removed forthwith from such polling place.
5 Candidates seeking office in a district or municipality
6 encompassing 2 or more counties who desire to be admitted to
7 polling places on election day in such district or
8 municipality shall be required to have proper credentials.
9 Such credentials shall be printed in sufficient quantities,
10 shall be issued by and under the facsimile fascimile
11 signature of the election authority of the election
12 jurisdiction where the polling place in which the candidate
13 seeks admittance is located, and shall be available for
14 distribution at least 2 weeks prior to the election. Such
15 credentials shall be signed by the candidate.
16 Candidate credentials shall be in substantially the
17 following form:
18 CANDIDATE CREDENTIALS
19 TO THE JUDGES OF ELECTION:
20 In accordance with the provisions of the Election Code, I
21 ...... (name of candidate) hereby certify that I am a
22 candidate for ....... (name of office) and seek admittance to
23 ....... precinct of the ....... ward (if applicable) of the
24 ....... (township or municipality) of ....... at the .......
25 election to be held on ...., 19.... (date).
26 ......................... .......................
27 (Signature of Candidate) OFFICE FOR WHICH
28 CANDIDATE SEEKS
29 NOMINATION OR
30 ELECTION
31 Pollwatchers shall be permitted to observe all
32 proceedings relating to the conduct of the election and to
33 station themselves in a position in the voting room as will
HB1268 Enrolled -70- LRB9000999EGfg
1 enable them to observe the judges making the signature
2 comparison between the voter application and the voter
3 registration record card; provided, however, that such
4 pollwatchers shall not be permitted to station themselves in
5 such close proximity to the judges of election so as to
6 interfere with the orderly conduct of the election and shall
7 not, in any event, be permitted to handle election materials.
8 Pollwatchers may challenge for cause the voting
9 qualifications of a person offering to vote and may call to
10 the attention of the judges of election any incorrect
11 procedure or apparent violations of this Code.
12 If a majority of the judges of election determine that
13 the polling place has become too overcrowded with
14 pollwatchers so as to interfere with the orderly conduct of
15 the election, the judges shall, by lot, limit such
16 pollwatchers to a reasonable number, except that each
17 candidate and each established or new political party shall
18 be permitted to have at least one pollwatcher present.
19 Representatives of an election authority, with regard to
20 an election under its jurisdiction,; the State Board of
21 Elections, and law enforcement agencies, including but not
22 limited to a United States Attorney, a State's attorney, the
23 Attorney General, and a State, county, or local police
24 department, in the performance of their official election
25 duties, shall be permitted at all times to enter and remain
26 in the polling place. Upon entering the polling place, such
27 representatives shall display their official credentials or
28 other identification to the judges of election.
29 Uniformed police officers assigned to polling place duty
30 shall follow all lawful instructions of the judges of
31 election.
32 The provisions of this Section shall also apply to
33 supervised casting of absentee ballots as provided in Section
34 19-12.2 of this Act.
HB1268 Enrolled -71- LRB9000999EGfg
1 (Source: P.A. 86-867; revised 8-7-97.)
2 (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
3 Sec. 16-4.1. Ballots; Form; Consolidated Elections.
4 This Section shall apply only to the consolidated primary
5 election, and the consolidated election, except as otherwise
6 expressly provided herein.
7 The ballot for the nomination or election of officers of
8 each political subdivision shall be considered a separate
9 ballot, and candidates for such offices shall be grouped
10 together. Where paper ballots are used, the names of
11 candidates for nomination or election to more than one
12 political subdivision may be contained on a common ballot,
13 provided that such ballot clearly indicates and separates
14 each political subdivision from which such officers are to be
15 nominated or elected.
16 At the consolidated election, the ballot for school
17 district offices shall precede the ballot for community
18 college district offices, and thereafter the ballot order of
19 the political subdivision officers to be elected shall be as
20 determined by the election authority. In the case of school
21 districts other than community consolidated school districts,
22 the ballot for non-high school district offices shall precede
23 the ballot for high school district offices.
24 At the consolidated primary and at the consolidated
25 election, the ballot for nomination or election of municipal
26 officers shall precede the ballot for township officers. At
27 the consolidated election, following the ballot for municipal
28 and township offices shall be the ballots for park district
29 and library district offices, following which shall be the
30 ballots for other political subdivision offices in the order
31 determined by the election authority.
32 The election authority, in determining the order of
33 ballot placement for offices of political subdivisions whose
HB1268 Enrolled -72- LRB9000999EGfg
1 ballot placement is not specified in this Section, shall give
2 due regard to the clarity of the ballot presentation to the
3 voters, cost and administrative ease, and the requirement to
4 provide separate ballot formats within precincts in which the
5 electors are not entitled to vote for the same offices or
6 propositions. At the request of a political subdivision
7 which extends into more than one election jurisdiction, the
8 election authority shall endeavor to coordinate placement and
9 color of the ballot for such subdivision with the other
10 election authorities responsible for preparing ballots for
11 such subdivision election. The election authority may
12 conduct a lottery to determine the order of ballot placement
13 of political subdivision ballots where such order is not
14 specified in this Section. Such lottery may be conducted
15 jointly by two or more election authorities.
16 (Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
17 revised 11-13-97.)
18 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
19 Sec. 17-23. Pollwatchers in a general election shall be
20 authorized in the following manner:
21 (1) Each established political party shall be entitled
22 to appoint two pollwatchers per precinct. Such pollwatchers
23 must be affiliated with the political party for which they
24 are pollwatching. For all elections, except as provided in
25 subsection (4), one pollwatcher must be registered to vote
26 from a residence in the county in which he is pollwatching.
27 The second pollwatcher must be registered to vote from a
28 residence in the precinct or ward in which he is
29 pollwatching.
30 (2) Each candidate shall be entitled to appoint two
31 pollwatchers per precinct. For all elections, one
32 pollwatcher must be registered to vote from a residence in
33 the county in which he is pollwatching. The second
HB1268 Enrolled -73- LRB9000999EGfg
1 pollwatcher must be registered to vote from a residence in
2 the precinct or ward in which he is pollwatching.
3 (3) Each organization of citizens within the county or
4 political subdivision, which has among its purposes or
5 interests the investigation or prosecution of election
6 frauds, and which shall have registered its name and address
7 and the name and addresses of its principal officers with the
8 proper election authority at least 40 days before the
9 election, shall be entitled to appoint one pollwatcher per
10 precinct. For all elections, such pollwatcher must be
11 registered to vote from a residence in the county in which he
12 is pollwatching.
13 (4) In any general election held to elect candidates for
14 the offices of a municipality of less than 3,000,000
15 population that is situated in 2 or more counties, a
16 pollwatcher who is a resident of a county in which any part
17 of the municipality is situated shall be eligible to serve as
18 a pollwatcher in any poll located within such municipality,
19 provided that such pollwatcher otherwise complies with the
20 respective requirements of subsections (1) through (3) of
21 this Section and is a registered voter whose residence is
22 within the municipality.
23 (5) Each organized group of proponents or opponents of a
24 ballot proposition, which shall have registered the name and
25 address of its organization or committee and the name and
26 address of its chairman with the proper election authority at
27 least 40 days before the election, shall be entitled to
28 appoint one pollwatcher per precinct. Such pollwatcher must
29 be registered to vote from a residence in the county in which
30 the ballot proposition is being voted upon.
31 All pollwatchers shall be required to have proper
32 credentials. Such credentials shall be printed in sufficient
33 quantities, shall be issued by and under the facsimile
34 signature(s) of the election authority and shall be available
HB1268 Enrolled -74- LRB9000999EGfg
1 for distribution at least 2 weeks prior to the election. Such
2 credentials shall be authorized by the real or facsimile
3 signature of the State or local party official or the
4 candidate or the presiding officer of the civic organization
5 or the chairman of the proponent or opponent group, as the
6 case may be.
7 Pollwatcher credentials shall be in substantially the
8 following form:
9 POLLWATCHER CREDENTIALS
10 TO THE JUDGES OF ELECTION:
11 In accordance with the provisions of the Election
12 Code, the undersigned hereby appoints .......... (name of
13 pollwatcher) who resides at ........... (address) in the
14 county of ..........., .......... (township or municipality)
15 of ........... (name), State of Illinois and who is duly
16 registered to vote from this address, to act as a
17 pollwatcher in the ........... precinct of the ...........
18 ward (if applicable) of the ........... (township or
19 municipality) of ........... at the ........... election to
20 be held on .........., 19.. (date).
21 ........................ (Signature of Appointing Authority)
22 ......................... TITLE (party official, candidate,
23 civic organization president,
24 proponent or opponent group chairman)
25 Under penalties provided by law pursuant to Section 29-10
26 of the Election Code, the undersigned pollwatcher certifies
27 that he or she resides at ................ (address) in the
28 county of ............, ......... (township or municipality)
29 of ........... (name), State of Illinois, and is duly
30 registered to vote from that address.
31 .......................... .......................
32 (Precinct and/or Ward in (Signature of Pollwatcher)
33 Which Pollwatcher Resides)
HB1268 Enrolled -75- LRB9000999EGfg
1 Pollwatchers must present their credentials to the Judges
2 of Election upon entering the polling place. Pollwatcher
3 credentials properly executed and signed shall be proof of
4 the qualifications of the pollwatcher authorized thereby.
5 Such credentials are retained by the Judges and returned to
6 the Election Authority at the end of the day of election with
7 the other election materials. Once a pollwatcher has
8 surrendered a valid credential, he may leave and reenter the
9 polling place provided that such continuing action does not
10 disrupt the conduct of the election. Pollwatchers may be
11 substituted during the course of the day, but established
12 political parties, candidates and qualified civic
13 organizations can have only as many pollwatchers at any given
14 time as are authorized in this Article. A substitute must
15 present his signed credential to the judges of election upon
16 entering the polling place. Election authorities must
17 provide a sufficient number of credentials to allow for
18 substitution of pollwatchers. After the polls have closed
19 pollwatchers shall be allowed to remain until the canvass of
20 votes is completed; but may leave and reenter only in cases
21 of necessity, provided that such action is not so continuous
22 as to disrupt the canvass of votes.
23 Candidates seeking office in a district or municipality
24 encompassing 2 or more counties shall be admitted to any and
25 all polling places throughout such district or municipality
26 without regard to the counties in which such candidates are
27 registered to vote. Actions of such candidates shall be
28 governed in each polling place by the same privileges and
29 limitations that apply to pollwatchers as provided in this
30 Section. Any such candidate who engages in an activity in a
31 polling place which could reasonably be construed by a
32 majority of the judges of election as campaign activity shall
33 be removed forthwith from such polling place.
34 Candidates seeking office in a district or municipality
HB1268 Enrolled -76- LRB9000999EGfg
1 encompassing 2 or more counties who desire to be admitted to
2 polling places on election day in such district or
3 municipality shall be required to have proper credentials.
4 Such credentials shall be printed in sufficient quantities,
5 shall be issued by and under the facsimile fascimile
6 signature of the election authority of the election
7 jurisdiction where the polling place in which the candidate
8 seeks admittance is located, and shall be available for
9 distribution at least 2 weeks prior to the election. Such
10 credentials shall be signed by the candidate.
11 Candidate credentials shall be in substantially the
12 following form:
13 CANDIDATE CREDENTIALS
14 TO THE JUDGES OF ELECTION:
15 In accordance with the provisions of the Election Code, I
16 ...... (name of candidate) hereby certify that I am a
17 candidate for ....... (name of office) and seek admittance to
18 ....... precinct of the ....... ward (if applicable) of the
19 ....... (township or municipality) of ....... at the .......
20 election to be held on ...., 19.... (date).
21 ......................... .......................
22 (Signature of Candidate) OFFICE FOR WHICH
23 CANDIDATE SEEKS
24 NOMINATION OR
25 ELECTION
26 Pollwatchers shall be permitted to observe all
27 proceedings relating to the conduct of the election and to
28 station themselves in a position in the voting room as will
29 enable them to observe the judges making the signature
30 comparison between the voter application and the voter
31 registration record card; provided, however, that such
32 pollwatchers shall not be permitted to station themselves in
33 such close proximity to the judges of election so as to
HB1268 Enrolled -77- LRB9000999EGfg
1 interfere with the orderly conduct of the election and shall
2 not, in any event, be permitted to handle election materials.
3 Pollwatchers may challenge for cause the voting
4 qualifications of a person offering to vote and may call to
5 the attention of the judges of election any incorrect
6 procedure or apparent violations of this Code.
7 If a majority of the judges of election determine that
8 the polling place has become too overcrowded with
9 pollwatchers so as to interfere with the orderly conduct of
10 the election, the judges shall, by lot, limit such
11 pollwatchers to a reasonable number, except that each
12 established or new political party shall be permitted to have
13 at least one pollwatcher present.
14 Representatives of an election authority, with regard to
15 an election under its jurisdiction,; the State Board of
16 Elections, and law enforcement agencies, including but not
17 limited to a United States Attorney, a State's attorney, the
18 Attorney General, and a State, county, or local police
19 department, in the performance of their official election
20 duties, shall be permitted at all times to enter and remain
21 in the polling place. Upon entering the polling place, such
22 representatives shall display their official credentials or
23 other identification to the judges of election.
24 Uniformed police officers assigned to polling place duty
25 shall follow all lawful instructions of the judges of
26 election.
27 The provisions of this Section shall also apply to
28 supervised casting of absentee ballots as provided in Section
29 19-12.2 of this Act.
30 (Source: P.A. 86-867; revised 8-7-97.)
31 (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
32 Sec. 20-13.1. Any person not covered by Sections 20-2,
33 20-2.1 or 20-2.2 of this Article who is registered to vote
HB1268 Enrolled -78- LRB9000999EGfg
1 but who is disqualified from voting because he moved outside
2 his election precinct during the 30 days preceding a
3 presidential election may make special application to the
4 election authority having jurisdiction over his precinct of
5 former residence by mail, not more than 30 nor less than 5
6 days before a Federal election, or in person in the office of
7 the election authority, not more than 30 nor less than 1 day
8 before a Federal election, for an absentee ballot to vote for
9 the president and vice-president only. Such application shall
10 be furnished by the election authority and shall be in
11 substantially the following form:
12 SPECIAL VOTER APPLICATION
13 (For use by registered Illinois voters disqualified for
14 having moved outside their precinct on or after the 30th day
15 preceding the election, to vote for president and
16 vice-president only.)
17 1. I hereby request a ballot to vote for president and
18 vice-president only on .......... (insert date of or general
19 election).
20 2. I am a citizen of the United States and my present
21 address is: .................... (Residence Number)
22 .......... (Street) ....................
23 (City/Village/Township) .......... (County) ..........
24 (State).
25 3. As of .......... (Month), .......... (Day),
26 .......... (Year) I was a registered voter at ..........
27 (Residence Number) .......... (Street) ....................
28 (City/Village/Township).
29 4. I moved to my present address on .......... (Month)
30 .......... (Day) .......... (Year).
31 5. I have not registered to vote from nor have I
32 requested a ballot in any other election jurisdiction in this
33 State or in another State.
34 6. (If absentee request), I request that you mail the
HB1268 Enrolled -79- LRB9000999EGfg
1 ballot to the following address:
2 Print name and complete mailing address.
3 ........................................
4 ........................................
5 ........................................
6 Under the penalties as provided by law pursuant to
7 Article 29 of The Election Code, the undersigned certifies
8 that the statements set forth in this application are true
9 and correct.
10 ........................
11 (Signature of Applicant)
12 7. Subscribed and sworn to before me on ..........
13 (Month) .......... (Day) .......... (Year)
14 ........................
15 (Signature of Official
16 Administering Oath)
17 The procedures set forth in Sections 20-4 through 20-12
18 of this Article, insofar as they may be made applicable,
19 shall be applicable to absentee voting under this Section.
20 (Source: P.A. 81-953; revised 12-18-97.)
21 (10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
22 Sec. 23-6.1. Whenever an election contest for a municipal
23 trustee or alderman is brought involving ballots from the
24 same precincts which are subject to the jurisdiction of the
25 circuit court by virtue of the pendency of an election
26 contest for another office, the municipal council or board of
27 trustees having jurisdiction of the municipal election
28 contest shall have priority of access and possession of the
29 ballots and other election materials for the purpose of
30 conducting a recount or other related proceedings for a
31 period of 30 days following the commencement of the municipal
32 election contest. The election authority shall notify the
33 court and the municipal council or board of the pendency
HB1268 Enrolled -80- LRB9000999EGfg
1 pendancy of all other contests relating to the same
2 precincts.
3 (Source: P.A. 81-1433; revised 7-21-97.)
4 Section 15. The Secretary of State Act is amended by
5 changing Section 11.1 as follows:
6 (15 ILCS 305/11.1)
7 Sec. 11.1. Acid free paper. The Secretary of State
8 shall develop guidelines for using of acid free paper for
9 permanent documents intended for archival storage.
10 (Source: P.A. 88-68; revised 12-18-97.)
11 Section 16. The State Library Act is amended by changing
12 Section 4 as follows:
13 (15 ILCS 320/4) (from Ch. 128, par. 104)
14 Sec. 4. Regional library districts. The counties of this
15 State shall be divided into 6 six regional library districts
16 as follows:
17 District 1 -- Jo Daviess, Stephenson Stevenson,
18 Winnebago, Boone, McHenry, Lake, Carroll, Ogle, DeKalb,
19 Whiteside, Lee, Rock Island, Henry, Bureau, LaSalle, Kendall,
20 Stark, Putnam, Marshall, Grundy.
21 District 2 -- Kane, Cook, DuPage, Will.
22 District 3 -- Kankakee, Livingston, Iroquois, McLean,
23 Ford, Vermilion, Champaign, DeWitt, Piatt, Macon, Christian,
24 Shelby, Moultrie, Douglas, Edgar, Coles, Clark, Cumberland.
25 District 4 -- Mercer, Knox, Peoria, Woodford, Tazewell,
26 Fulton, Warren, Henderson, Hancock, McDonough, Adams,
27 Schuyler, Mason, Logan, Menard, Cass, Brown, Pike, Morgan,
28 Sangamon, Scott, Greene, Calhoun, Jersey.
29 District 5 -- Macoupin, Montgomery, Madison, Bond,
30 Fayette, Effingham, Jasper, Crawford, Lawrence, Richland,
HB1268 Enrolled -81- LRB9000999EGfg
1 Clay, Marion, Clinton, St. Clair, Monroe, Washington,
2 Jefferson, Perry, Randolph.
3 District 6 -- Jackson, Franklin, Wayne, Edwards, Wabash,
4 White, Hamilton, Gallatin, Saline, Williamson, Union,
5 Johnson, Pope, Hardin, Alexander, Pulaski, Massac.
6 (Source: P.A. 77-1690; revised 8-7-97.)
7 Section 17. The Deposit of State Moneys Act is amended
8 by changing Section 22.5 as follows:
9 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
10 Sec. 22.5. The State Treasurer may, with the approval of
11 the Governor, invest and reinvest any State money in the
12 treasury which is not needed for current expenditures due or
13 about to become due, in obligations of the United States
14 government or its agencies or of National Mortgage
15 Associations established by or under the National Housing
16 Act, 1201 U.S.C. 1701 et. seq., or in mortgage participation
17 certificates representing undivided interests in specified,
18 first-lien conventional residential Illinois mortgages that
19 are underwritten, insured, guaranteed, or purchased by the
20 Federal Home Loan Mortgage Corporation or in Affordable
21 Housing Program Trust Fund Bonds or Notes as defined in and
22 issued pursuant to the Illinois Housing Development Act. All
23 such obligations shall be considered as cash and may be
24 delivered over as cash by a State Treasurer to his successor.
25 The State Treasurer may, with the approval of the
26 Governor, purchase any state bonds with any money in the
27 State Treasury that has been set aside and held for the
28 payment of the principal of and interest on the bonds. The
29 bonds shall be considered as cash and may be delivered over
30 as cash by the State Treasurer to his successor.
31 The State Treasurer may, with the approval of the
32 Governor, invest or reinvest any State money in the treasury
HB1268 Enrolled -82- LRB9000999EGfg
1 that is not needed for current expenditure due or about to
2 become due, or any money in the State Treasury that has been
3 set aside and held for the payment of the principal of and
4 the interest on any State bonds, in shares, withdrawable
5 accounts, and investment certificates of savings and building
6 and loan associations, incorporated under the laws of this
7 State or any other state or under the laws of the United
8 States; provided, however, that investments may be made only
9 in those savings and loan or building and loan associations
10 the shares and withdrawable accounts or other forms of
11 investment securities of which are insured by the Federal
12 Deposit Insurance Corporation.
13 The State Treasurer may not invest State money in any
14 savings and loan or building and loan association unless a
15 commitment by the savings and loan (or building and loan)
16 association, executed by the president or chief executive
17 officer of that association, is submitted in the following
18 form:
19 The .................. Savings and Loan (or Building
20 and Loan) Association pledges not to reject arbitrarily
21 mortgage loans for residential properties within any
22 specific part of the community served by the savings and
23 loan (or building and loan) association because of the
24 location of the property. The savings and loan (or
25 building and loan) association also pledges to make loans
26 available on low and moderate income residential property
27 throughout the community within the limits of its legal
28 restrictions and prudent financial practices.
29 The State Treasurer may, with the approval of the
30 Governor, invest or reinvest, at a price not to exceed par,
31 any State money in the treasury that is not needed for
32 current expenditures due or about to become due, or any money
33 in the State Treasury that has been set aside and held for
34 the payment of the principal of and interest on any State
HB1268 Enrolled -83- LRB9000999EGfg
1 bonds, in bonds issued by counties or municipal corporations
2 of the State of Illinois.
3 The State Treasurer may, with the approval of the
4 Governor, invest or reinvest any State money in the Treasury
5 which is not needed for current expenditure, due or about to
6 become due, or any money in the State Treasury which has been
7 set aside and held for the payment of the principal of and
8 the interest on any State bonds, in participations in loans,
9 the principal of which participation is fully guaranteed by
10 an agency or instrumentality of the United States government;
11 provided, however, that such loan participations are
12 represented by certificates issued only by banks which are
13 incorporated under the laws of this State or any other state
14 or under the laws of the United States, and such banks, but
15 not the loan participation certificates, are insured by the
16 Federal Deposit Insurance Corporation.
17 The State Treasurer may, with the approval of the
18 Governor, invest or reinvest any State money in the Treasury
19 that is not needed for current expenditure, due or about to
20 become due, or any money in the State Treasury that has been
21 set aside and held for the payment of the principal of and
22 the interest on any State bonds, in any of the following:
23 (1) Bonds, notes, certificates of indebtedness,
24 Treasury bills, or other securities now or hereafter
25 issued that are guaranteed by the full faith and credit
26 of the United States of America as to principal and
27 interest.
28 (2) Bonds, notes, debentures, or other similar
29 obligations of the United States of America, its
30 agencies, and instrumentalities.
31 (3) Interest-bearing savings accounts,
32 interest-bearing certificates of deposit,
33 interest-bearing time deposits, or any other investments
34 constituting direct obligations of any bank as defined by
HB1268 Enrolled -84- LRB9000999EGfg
1 the Illinois Banking Act.
2 (4) Interest-bearing accounts, certificates of
3 deposit, or any other investments constituting direct
4 obligations of any savings and loan associations
5 incorporated under the laws of this State or any other
6 state or under the laws of the United States.
7 (5) Dividend-bearing share accounts, share
8 certificate accounts, or class of share accounts of a
9 credit union chartered under the laws of this State or
10 the laws of the United States; provided, however, the
11 principal office of the credit union must be located
12 within the State of Illinois.
13 (6) Bankers' acceptances of banks whose senior
14 obligations are rated in the top 2 rating categories by 2
15 national rating agencies and maintain that rating during
16 the term of the investment.
17 (7) Short-term obligations of corporations
18 organized in the United States with assets exceeding
19 $500,000,000 if (i) the obligations are rated at the time
20 of purchase at one of the 3 highest classifications
21 established by at least 2 standard rating services and
22 mature not later than 180 days from the date of purchase,
23 (ii) the purchases do not exceed 10% of the corporation's
24 outstanding obligations, and (iii) no more than one-third
25 of the public agency's funds are invested in short-term
26 obligations of corporations.
27 (8) Money market mutual funds registered under the
28 Investment Company Act of 1940, provided that the
29 portfolio of the money market mutual fund is limited to
30 obligations described in this Section and to agreements
31 to repurchase such obligations.
32 (9) The Public Treasurers' Investment Pool created
33 under Section 17 of the State Treasurer Act or in a fund
34 managed, operated, and administered by a bank.
HB1268 Enrolled -85- LRB9000999EGfg
1 (10) Repurchase agreements of government securities
2 having the meaning set out in the Government Securities
3 Act of 1986 subject to the provisions of that Act and the
4 regulations issued thereunder.
5 For purposes of this Section, "agencies" of the United
6 States Government includes:
7 (i) the federal land banks, federal intermediate
8 credit banks, banks for cooperatives, federal farm credit
9 banks, or any other entity authorized to issue debt
10 obligations under the Farm Credit Act of 1971 (12 U.S.C.
11 2001 et. seq.) and Acts amendatory thereto;
12 (ii) the federal home loan banks and the federal
13 home loan mortgage corporation;
14 (iii) the Commodity Credit Corporation; and
15 (iv) any other agency created by Act of Congress.
16 The Treasurer may, with the approval of the Governor,
17 lend any securities acquired under this Act. However,
18 securities may be lent under this Section only in accordance
19 with Federal Financial Institution Examination Council
20 guidelines and only if the securities are collateralized at a
21 level sufficient to assure the safety of the securities,
22 taking into account market value fluctuation. The securities
23 may be collateralized by cash or collateral acceptable under
24 Sections 11 and 11.1.
25 (Source: P.A. 87-331; 87-895; 87-1131; 88-45; 88-93; 88-640,
26 eff. 7-1-95; revised 6-27-97.)
27 Section 18. The Alcoholism and Other Drug Abuse and
28 Dependency Act is amended by changing Section 30-5 as
29 follows:
30 (20 ILCS 301/30-5)
31 Sec. 30-5. Patients' rights established.
32 (a) For purposes of this Section, "patient" means any
HB1268 Enrolled -86- LRB9000999EGfg
1 person who is receiving or has received intervention,
2 treatment or aftercare services under this Act.
3 (b) No patient who is receiving or who has received
4 intervention, treatment or aftercare services under this Act
5 shall be deprived of any rights, benefits, or privileges
6 guaranteed by law, the Constitution of the United States of
7 America, or the Constitution of the State of Illinois solely
8 because of his status as a patient of a program.
9 (c) Persons who abuse or are dependent on alcohol or
10 other drugs who are also suffering from medical conditions
11 shall not be discriminated against in admission or treatment
12 by any hospital which receives support in any form from any
13 program supported in whole or in part by funds appropriated
14 to any State department or agency.
15 (d) Every patient shall have impartial access to
16 services without regard to race, religion, sex, ethnicity,
17 age or handicap.
18 (e) Patients shall be permitted the free exercise of
19 religion.
20 (f) Every patient's personal dignity shall be recognized
21 in the provision of services, and a patient's personal
22 privacy shall be assured and protected within the constraints
23 of his individual treatment plan.
24 (g) Treatment services shall be provided in the least
25 restrictive environment possible.
26 (h) Each patient shall be provided an individual
27 treatment plan, which shall be periodically reviewed and
28 updated as necessary.
29 (i) Every patient shall be permitted to participate in
30 the planning of his total care and medical treatment to the
31 extent that his condition permits.
32 (j) A person shall not be denied treatment solely
33 because he has withdrawn from treatment against medical
34 advice on a prior occasion or because he has relapsed after
HB1268 Enrolled -87- LRB9000999EGfg
1 earlier treatment or, when in medical crisis, because of
2 inability to pay.
3 (k) The patient in treatment shall be permitted visits
4 by family and significant others, unless such visits are
5 clinically contraindicated.
6 (l) A patient in treatment shall be allowed to conduct
7 private telephone conversations with family and friends
8 unless clinically contraindicated.
9 (m) A patient shall be permitted to send and receive
10 mail without hindrance hinderance, unless clinically
11 contraindicated.
12 (n) A patient shall be permitted to manage his own
13 financial affairs unless he or his guardian, or if the
14 patient is a minor, his parent, authorizes another competent
15 person to do so.
16 (o) A patient shall be permitted to request the opinion
17 of a consultant at his own expense, or to request an in-house
18 review of a treatment plan, as provided in the specific
19 procedures of the provider. A treatment provider is not
20 liable for the negligence of any consultant.
21 (p) Unless otherwise prohibited by State or federal law,
22 every patient shall be permitted to obtain from his own
23 physician, the treatment provider or the treatment provider's
24 consulting physician complete and current information
25 concerning the nature of care, procedures and treatment which
26 he will receive.
27 (q) A patient shall be permitted to refuse to
28 participate in any experimental research or medical procedure
29 without compromising his access to other, non-experimental
30 services. Before a patient is placed in an experimental
31 research or medical procedure, the provider must first obtain
32 his informed written consent or otherwise comply with the
33 federal requirements regarding the protection of human
34 subjects contained in 45 C.F.R. Part 46.
HB1268 Enrolled -88- LRB9000999EGfg
1 (r) All medical treatment and procedures shall be
2 administered as ordered by a physician. In order to assure
3 compliance by the treatment program with all physician
4 orders, all new physician orders shall be reviewed by the
5 treatment program's staff within a reasonable period of time
6 after such orders have been issued. "Medical treatment and
7 procedures" means those services that can be ordered only by
8 a physician licensed to practice medicine in all of its
9 branches in Illinois.
10 (s) Every patient shall be permitted to refuse medical
11 treatment and to know the consequences of such action. Such
12 refusal by a patient shall free the treatment program from
13 the obligation to provide the treatment.
14 (t) Unless otherwise prohibited by State or federal law,
15 every patient, patient's guardian, or parent, if the patient
16 is a minor, shall be permitted to inspect and copy all
17 clinical and other records kept by the treatment program or
18 by his physician concerning his care and maintenance. The
19 treatment program or physician may charge a reasonable fee
20 for the duplication of a record.
21 (u) No owner, licensee, administrator, employee or agent
22 of a treatment program shall abuse or neglect a patient. It
23 is the duty of any program employee or agent who becomes
24 aware of such abuse or neglect to report it to the Department
25 immediately.
26 (v) The administrator of a program may refuse access to
27 the program to any person if the actions of that person while
28 in the program are or could be injurious to the health and
29 safety of a patient or the program, or if the person seeks
30 access to the program for commercial purposes.
31 (w) A patient may be discharged from a program after he
32 gives the administrator written notice of his desire to be
33 discharged or upon completion of his prescribed course of
34 treatment. No patient shall be discharged or transferred
HB1268 Enrolled -89- LRB9000999EGfg
1 without the preparation of a post-treatment aftercare plan by
2 the program.
3 (x) Patients and their families or legal guardians shall
4 have the right to present complaints concerning the quality
5 of care provided to the patient, without threat of discharge
6 or reprisal in any form or manner whatsoever. The treatment
7 provider shall have in place a mechanism for receiving and
8 responding to such complaints, and shall inform the patient
9 and his family or legal guardian of this mechanism and how to
10 use it. The provider shall analyze any complaint received
11 and, when indicated, take appropriate corrective action.
12 Every patient and his family member or legal guardian who
13 makes a complaint shall receive a timely response from the
14 provider which substantively addresses the complaint. The
15 provider shall inform the patient and his family or legal
16 guardian about other sources of assistance if the provider
17 has not resolved the complaint to the satisfaction of the
18 patient or his family or legal guardian.
19 (y) A resident may refuse to perform labor at a program
20 unless such labor is a part of his individual treatment
21 program as documented in his clinical record.
22 (z) A person who is in need of treatment may apply for
23 voluntary admission to a treatment program in the manner and
24 with the rights provided for under regulations promulgated by
25 the Department. If a person is refused admission to a
26 licensed treatment program, the staff of the program, subject
27 to rules promulgated by the Department, shall refer the
28 person to another treatment or other appropriate program.
29 (aa) No patient shall be denied services based solely on
30 HIV status. Further, records and information governed by the
31 AIDS Confidentiality Act and the AIDS Confidentiality and
32 Testing Code (77 Ill. Adm. Code 697) shall be maintained in
33 accordance therewith.
34 (bb) Records of the identity, diagnosis, prognosis or
HB1268 Enrolled -90- LRB9000999EGfg
1 treatment of any patient maintained in connection with the
2 performance of any program or activity relating to alcohol or
3 other drug abuse or dependency education, early intervention,
4 intervention, training, treatment or rehabilitation which is
5 regulated, authorized, or directly or indirectly assisted by
6 any Department or agency of this State or under any provision
7 of this Act shall be confidential and may be disclosed only
8 in accordance with the provisions of federal law and
9 regulations concerning the confidentiality of alcohol and
10 drug abuse patient records as contained in 42 U.S.C. Sections
11 290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
12 (1) The following are exempt from the
13 confidentiality protections set forth in 42 C.F.R.
14 Section 2.12(c):
15 (A) Veteran's Administration records.
16 (B) Information obtained by the Armed Forces.
17 (C) Information given to qualified service
18 organizations.
19 (D) Communications within a program or between
20 a program and an entity having direct administrative
21 control over that program.
22 (E) Information given to law enforcement
23 personnel investigating a patient's commission of a
24 crime on the program premises or against program
25 personnel.
26 (F) Reports under State law of incidents of
27 suspected child abuse and neglect;, however,;
28 confidentiality restrictions continue to apply to
29 the records and any follow-up information for
30 disclosure and use in civil or criminal proceedings
31 arising from the report of suspected abuse or
32 neglect.
33 (2) If the information is not exempt, a disclosure
34 can be made only under the following circumstances:
HB1268 Enrolled -91- LRB9000999EGfg
1 (A) With patient consent as set forth in 42
2 C.F.R. Sections 2.1(b)(1) and 2.31, and as
3 consistent with pertinent State law.
4 (B) For medical emergencies as set forth in 42
5 C.F.R. Sections 2.1(b)(2) and 2.51.
6 (C) For research activities as set forth in 42
7 C.F.R. Sections 2.1(b)(2) and 2.52.
8 (D) For audit evaluation activities as set
9 forth in 42 C.F.R. Section 2.53.
10 (E) With a court order as set forth in 42
11 C.F.R. Sections 2.61 through 2.67.
12 (3) The restrictions on disclosure and use of
13 patient information apply whether the holder of the
14 information already has it, has other means of obtaining
15 it, is a law enforcement or other official, has obtained
16 a subpoena, or asserts any other justification for a
17 disclosure or use which is not permitted by 42 C.F.R.
18 Part 2. Any court orders authorizing disclosure of
19 patient records under this Act must comply with the
20 procedures and criteria set forth in 42 C.F.R. Sections
21 2.64 and 2.65. Except as authorized by a court order
22 granted under this Section, no record referred to in this
23 Section may be used to initiate or substantiate any
24 charges against a patient or to conduct any investigation
25 of a patient.
26 (4) The prohibitions of this subsection shall apply
27 to records concerning any person who has been a patient,
28 regardless of whether or when he ceases to be a patient.
29 (5) Any person who discloses the content of any
30 record referred to in this Section except as authorized
31 shall, upon conviction, be guilty of a Class A
32 misdemeanor.
33 (6) The Department shall prescribe regulations to
34 carry out the purposes of this subsection. These
HB1268 Enrolled -92- LRB9000999EGfg
1 regulations may contain such definitions, and may provide
2 for such safeguards and procedures, including procedures
3 and criteria for the issuance and scope of court orders,
4 as in the judgment of the Department are necessary or
5 proper to effectuate the purposes of this Section, to
6 prevent circumvention or evasion thereof, or to
7 facilitate compliance therewith.
8 (cc) Each patient shall be given a written explanation
9 of all the rights enumerated in this Section. If a patient
10 is unable to read such written explanation, it shall be read
11 to the patient in a language that the patient understands. A
12 copy of all the rights enumerated in this Section shall be
13 posted in a conspicuous place within the program where it may
14 readily be seen and read by program patients and visitors.
15 (dd) The program shall ensure that its staff is familiar
16 with and observes the rights and responsibilities enumerated
17 in this Section.
18 (Source: P.A. 88-80; revised 8-7-97.)
19 Section 19. The Civil Administrative Code of Illinois is
20 amended by changing Section 67.23 as follows:
21 (20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
22 Sec. 67.23. To administer the Statewide Form Management
23 Program and provisions of the Forms Notice Act "The Forms
24 Management Program Act", enacted by the Eightieth General
25 Assembly.
26 (Source: P.A. 80-1338; revised 9-24-97.)
27 Section 20. The Personnel Code is amended by changing
28 Section 8b.7 as follows:
29 (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
30 Sec. 8b.7. Veteran preference. For the granting of
HB1268 Enrolled -93- LRB9000999EGfg
1 appropriate preference in entrance examinations to qualified
2 persons who have been members of the armed forces of the
3 United States or to qualified persons who, while citizens of
4 the United States, were members of the armed forces of allies
5 of the United States in time of hostilities with a foreign
6 country, and to certain other persons as set forth in this
7 Section.
8 (a) As used in this Section:
9 (1) "Time of hostilities with a foreign country"
10 means any period of time in the past, present, or future
11 during which a declaration of war by the United States
12 Congress has been or is in effect or during which an
13 emergency condition has been or is in effect that is
14 recognized by the issuance of a Presidential proclamation
15 or a Presidential executive order and in which the armed
16 forces expeditionary medal or other campaign service
17 medals are awarded according to Presidential executive
18 order.
19 (2) "Armed forces of the United States" means the
20 United States Army, Navy, Air Force, Marine Corps, and
21 Coast Guard. Service in the Merchant Marine that
22 constitutes active duty under Section 401 of federal
23 Public Law 95-202 shall also be considered service in the
24 Armed Forces of the United States for purposes of this
25 Section.
26 (b) The preference granted under this Section shall be
27 in the form of points added to the final grades of the
28 persons if they otherwise qualify and are entitled to appear
29 on the list of those eligible for appointments.
30 (c) A veteran is qualified for a preference of 10 points
31 if the veteran currently holds proof of a service connected
32 disability from the United States Department of Veterans
33 Affairs or an allied country or if the veteran is a recipient
34 of the Purple Heart.
HB1268 Enrolled -94- LRB9000999EGfg
1 (d) A veteran who has served during a time of
2 hostilities with a foreign country is qualified for a
3 preference of 5 points if the veteran served under one or
4 more of the following conditions:
5 (1) The veteran served a total of at least 6
6 months, or
7 (2) The veteran served for the duration of
8 hostilities regardless of the length of engagement, or
9 (3) The veteran was discharged on the basis of
10 hardship, or
11 (4) The veteran was released from active duty
12 because of a service serve connected disability and was
13 discharged under honorable conditions.
14 (e) A person not eligible for a preference under
15 subsection (c) or (d) is qualified for a preference of 3
16 points if the person has served in the armed forces of the
17 United States, the Illinois National Guard, or any reserve
18 component of the armed forces of the United States if the
19 person: (1) served for at least 6 months and has been
20 discharged under honorable conditions or (2) has been
21 discharged on the ground of hardship or (3) was released from
22 active duty because of a service connected disability. An
23 active member of the National Guard or a reserve component of
24 the armed forces of the United States is eligible for the
25 preference if the member meets the service requirements of
26 this subsection (e).
27 (f) The rank order of persons entitled to a preference
28 on eligible lists shall be determined on the basis of their
29 augmented ratings. When the Director establishes eligible
30 lists on the basis of category ratings such as "superior",
31 "excellent", "well-qualified", and "qualified", the veteran
32 eligibles in each such category shall be preferred for
33 appointment before the non-veteran eligibles in the same
34 category.
HB1268 Enrolled -95- LRB9000999EGfg
1 (g) Employees in positions covered by jurisdiction B
2 who, while in good standing, leave to engage in military
3 service during a period of hostility, shall be given credit
4 for seniority purposes for time served in the armed forces.
5 (h) A surviving unremarried spouse of a veteran who
6 suffered a service connected death or the spouse of a veteran
7 who suffered a service connected disability that prevents the
8 veteran from qualifying for civil service employment shall be
9 entitled to the same preference to which the veteran would
10 have been entitled under this Section.
11 (i) A preference shall also be given to the following
12 individuals: 10 points for one parent of an unmarried
13 veteran who suffered a service connected death or a service
14 connected disability that prevents the veteran from
15 qualifying for civil service employment. The first parent to
16 receive a civil service appointment shall be the parent
17 entitled to the preference.
18 (j) The Department of Central Management Services shall
19 adopt rules and implement procedures to verify that any
20 person seeking a preference under this Section is entitled to
21 the preference. A person seeking a preference under this
22 Section shall provide documentation or execute any consents
23 or other documents required by the Department of Central
24 Management Services or any other State department or agency
25 to enable the department or agency to verify that the person
26 is entitled to the preference.
27 (Source: P.A. 89-324, eff. 8-13-95; 89-626, eff. 8-9-96;
28 revised 1-15-98.)
29 Section 21. The Children and Family Services Act is
30 amended by changing Sections 5, 17a-4, and 21 as follows:
31 (20 ILCS 505/5) (from Ch. 23, par. 5005)
32 Sec. 5. Direct child welfare services; Department of
HB1268 Enrolled -96- LRB9000999EGfg
1 Children and Family Services. To provide direct child welfare
2 services when not available through other public or private
3 child care or program facilities.
4 (a) For purposes of this Section:
5 (1) "Children" means persons found within the State
6 who are under the age of 18 years. The term also
7 includes persons under age 19 who:
8 (A) were committed to the Department pursuant
9 to the Juvenile Court Act or the Juvenile Court Act
10 of 1987, as amended, prior to the age of 18 and who
11 continue under the jurisdiction of the court; or
12 (B) were accepted for care, service and
13 training by the Department prior to the age of 18
14 and whose best interest in the discretion of the
15 Department would be served by continuing that care,
16 service and training because of severe emotional
17 disturbances, physical disability, social adjustment
18 or any combination thereof, or because of the need
19 to complete an educational or vocational training
20 program.
21 (2) "Homeless youth" means persons found within the
22 State who are under the age of 19, are not in a safe and
23 stable living situation and cannot be reunited with their
24 families.
25 (3) "Child welfare services" means public social
26 services which are directed toward the accomplishment of
27 the following purposes:
28 (A) protecting and promoting the health,
29 safety and welfare of children, including homeless,
30 dependent or neglected children;
31 (B) remedying, or assisting in the solution of
32 problems which may result in, the neglect, abuse,
33 exploitation or delinquency of children;
34 (C) preventing the unnecessary separation of
HB1268 Enrolled -97- LRB9000999EGfg
1 children from their families by identifying family
2 problems, assisting families in resolving their
3 problems, and preventing the breakup of the family
4 where the prevention of child removal is desirable
5 and possible when the child can be cared for at home
6 without endangering the child's health and safety;
7 (D) restoring to their families children who
8 have been removed, by the provision of services to
9 the child and the families when the child can be
10 cared for at home without endangering the child's
11 health and safety;
12 (E) placing children in suitable adoptive
13 homes, in cases where restoration to the biological
14 family is not safe, possible or appropriate;
15 (F) assuring safe and adequate care of
16 children away from their homes, in cases where the
17 child cannot be returned home or cannot be placed
18 for adoption. At the time of placement, the
19 Department shall consider concurrent planning, as
20 described in subsection (l-1) of this Section so
21 that permanency may occur at the earliest
22 opportunity. Consideration should be given so that
23 if reunification fails or is delayed, the placement
24 made is the best available placement to provide
25 permanency for the child;
26 (G) (blank);
27 (H) (blank); and
28 (I) placing and maintaining children in
29 facilities that provide separate living quarters for
30 children under the age of 18 and for children 18
31 years of age and older, unless a child 18 years of
32 age is in the last year of high school education or
33 vocational training, in an approved individual or
34 group treatment program, or in a licensed shelter
HB1268 Enrolled -98- LRB9000999EGfg
1 facility. The Department is not required to place or
2 maintain children:
3 (i) who are in a foster home, or
4 (ii) who are persons with a developmental
5 disability, as defined in the Mental Health and
6 Developmental Disabilities Code, or
7 (iii) who are female children who are
8 pregnant, pregnant and parenting or parenting,
9 or
10 (iv) who are siblings,
11 in facilities that provide separate living quarters
12 for children 18 years of age and older and for
13 children under 18 years of age.
14 (b) Nothing in this Section shall be construed to
15 authorize the expenditure of public funds for the purpose of
16 performing abortions.
17 (c) The Department shall establish and maintain
18 tax-supported child welfare services and extend and seek to
19 improve voluntary services throughout the State, to the end
20 that services and care shall be available on an equal basis
21 throughout the State to children requiring such services.
22 (d) The Director may authorize advance disbursements for
23 any new program initiative to any agency contracting with the
24 Department. As a prerequisite for an advance disbursement,
25 the contractor must post a surety bond in the amount of the
26 advance disbursement and have a purchase of service contract
27 approved by the Department. The Department may pay up to 2
28 months operational expenses in advance. The amount of the
29 advance disbursement shall be prorated over the life of the
30 contract or the remaining months of the fiscal year,
31 whichever is less, and the installment amount shall then be
32 deducted from future bills. Advance disbursement
33 authorizations for new initiatives shall not be made to any
34 agency after that agency has operated during 2 consecutive
HB1268 Enrolled -99- LRB9000999EGfg
1 fiscal years. The requirements of this Section concerning
2 advance disbursements shall not apply with respect to the
3 following: payments to local public agencies for child day
4 care services as authorized by Section 5a of this Act; and
5 youth service programs receiving grant funds under Section
6 17a-4.
7 (e) (Blank).
8 (f) (Blank).
9 (g) The Department shall establish rules and regulations
10 concerning its operation of programs designed to meet the
11 goals of child safety and protection, family preservation,
12 family reunification, and adoption, including but not limited
13 to:
14 (1) adoption;
15 (2) foster care;
16 (3) family counseling;
17 (4) protective services;
18 (5) (blank);
19 (6) homemaker service;
20 (7) return of runaway children;
21 (8) (blank);
22 (9) placement under Section 5-7 of the Juvenile
23 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
24 Juvenile Court Act of 1987 in accordance with the federal
25 Adoption Assistance and Child Welfare Act of 1980; and
26 (10) interstate services.
27 Rules and regulations established by the Department shall
28 include provisions for training Department staff and the
29 staff of Department grantees, through contracts with other
30 agencies or resources, in alcohol and drug abuse screening
31 techniques to identify children and adults who should be
32 referred to an alcohol and drug abuse treatment program for
33 professional evaluation.
34 (h) If the Department finds that there is no appropriate
HB1268 Enrolled -100- LRB9000999EGfg
1 program or facility within or available to the Department for
2 a ward and that no licensed private facility has an adequate
3 and appropriate program or none agrees to accept the ward,
4 the Department shall create an appropriate individualized,
5 program-oriented plan for such ward. The plan may be
6 developed within the Department or through purchase of
7 services by the Department to the extent that it is within
8 its statutory authority to do.
9 (i) Service programs shall be available throughout the
10 State and shall include but not be limited to the following
11 services:
12 (1) case management;
13 (2) homemakers;
14 (3) counseling;
15 (4) parent education;
16 (5) day care; and
17 (6) emergency assistance and advocacy.
18 In addition, the following services may be made available
19 to assess and meet the needs of children and families:
20 (1) comprehensive family-based services;
21 (2) assessments;
22 (3) respite care; and
23 (4) in-home health services.
24 The Department shall provide transportation for any of
25 the services it makes available to children or families or
26 for which it refers children or families.
27 (j) The Department may provide categories of financial
28 assistance and education assistance grants, and shall
29 establish rules and regulations concerning the assistance and
30 grants, to persons who adopt physically or mentally
31 handicapped, older and other hard-to-place children who
32 immediately prior to their adoption were legal wards of the
33 Department. The Department may also provide categories of
34 financial assistance and education assistance grants, and
HB1268 Enrolled -101- LRB9000999EGfg
1 shall establish rules and regulations for the assistance and
2 grants, to persons appointed guardian of the person under
3 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
5 who were wards of the Department for 12 months immediately
6 prior to the appointment of the successor guardian and for
7 whom the Department has set a goal of permanent family
8 placement with a foster family.
9 The amount of assistance may vary, depending upon the
10 needs of the child and the adoptive parents, as set forth in
11 the annual assistance agreement. Special purpose grants are
12 allowed where the child requires special service but such
13 costs may not exceed the amounts which similar services would
14 cost the Department if it were to provide or secure them as
15 guardian of the child.
16 Any financial assistance provided under this subsection
17 is inalienable by assignment, sale, execution, attachment,
18 garnishment, or any other remedy for recovery or collection
19 of a judgment or debt.
20 (k) The Department shall accept for care and training
21 any child who has been adjudicated neglected or abused, or
22 dependent committed to it pursuant to the Juvenile Court Act
23 or the Juvenile Court Act of 1987.
24 (l) Before July 1, 2000, the Department may provide, and
25 beginning July 1, 2000, the Department shall provide, family
26 preservation services, as determined to be appropriate and in
27 the child's best interests and when the child will be safe
28 and not be in imminent risk of harm, to any family whose
29 child has been placed in substitute care, any persons who
30 have adopted a child and require post-adoption services, or
31 any persons whose child or children are at risk of being
32 placed outside their home as documented by an "indicated"
33 report of suspected child abuse or neglect determined
34 pursuant to the Abused and Neglected Child Reporting Act.
HB1268 Enrolled -102- LRB9000999EGfg
1 Nothing in this paragraph shall be construed to create a
2 private right of action or claim on the part of any
3 individual or child welfare agency.
4 The Department shall notify the child and his family of
5 the Department's responsibility to offer and provide family
6 preservation services as identified in the service plan. The
7 child and his family shall be eligible for services as soon
8 as the report is determined to be "indicated". The
9 Department may offer services to any child or family with
10 respect to whom a report of suspected child abuse or neglect
11 has been filed, prior to concluding its investigation under
12 Section 7.12 of the Abused and Neglected Child Reporting Act.
13 However, the child's or family's willingness to accept
14 services shall not be considered in the investigation. The
15 Department may also provide services to any child or family
16 who is the subject of any report of suspected child abuse or
17 neglect or may refer such child or family to services
18 available from other agencies in the community, even if the
19 report is determined to be unfounded, if the conditions in
20 the child's or family's home are reasonably likely to subject
21 the child or family to future reports of suspected child
22 abuse or neglect. Acceptance of such services shall be
23 voluntary.
24 The Department may, at its discretion except for those
25 children also adjudicated neglected or dependent, accept for
26 care and training any child who has been adjudicated
27 addicted, as a truant minor in need of supervision or as a
28 minor requiring authoritative intervention, under the
29 Juvenile Court Act or the Juvenile Court Act of 1987, but no
30 such child shall be committed to the Department by any court
31 without the approval of the Department. A minor charged with
32 a criminal offense under the Criminal Code of 1961 or
33 adjudicated delinquent shall not be placed in the custody of
34 or committed to the Department by any court, except a minor
HB1268 Enrolled -103- LRB9000999EGfg
1 less than 13 years of age committed to the Department under
2 Section 5-23 of the Juvenile Court Act of 1987.
3 (l-1) The legislature recognizes that the best interests
4 of the child require that the child be placed in the most
5 permanent living arrangement as soon as is practically
6 possible. To achieve this goal, the legislature directs the
7 Department of Children and Family Services to conduct
8 concurrent planning so that permanency may occur at the
9 earliest opportunity. Permanent living arrangements may
10 include prevention of placement of a child outside the home
11 of the family when the child can be cared for at home without
12 endangering the child's health or safety; reunification with
13 the family, when safe and appropriate, if temporary placement
14 is necessary; or movement of the child toward the most
15 permanent living arrangement and permanent legal status.
16 When a child is placed in foster care, the Department
17 shall ensure and document that reasonable efforts were made
18 to prevent or eliminate the need to remove the child from the
19 child's home. The Department must make reasonable efforts to
20 reunify the family when temporary placement of the child
21 occurs or must request a finding from the court that
22 reasonable efforts are not appropriate or have been
23 unsuccessful. At any time after the dispositional hearing
24 where the Department believes that further reunification
25 services would be ineffective, it may request a finding from
26 the court that reasonable efforts are no longer appropriate.
27 The Department is not required to provide further
28 reunification services after such a finding.
29 A decision to place a child in substitute care shall be
30 made with considerations of the child's health, safety, and
31 best interests. At the time of placement, consideration
32 should also be given so that if reunification fails or is
33 delayed, the placement made is the best available placement
34 to provide permanency for the child.
HB1268 Enrolled -104- LRB9000999EGfg
1 The Department shall adopt rules addressing concurrent
2 planning for reunification and permanency. The Department
3 shall consider the following factors when determining
4 appropriateness of concurrent planning:
5 (1) the likelihood of prompt reunification;
6 (2) the past history of the family;
7 (3) the barriers to reunification being addressed
8 by the family;
9 (4) the level of cooperation of the family;
10 (5) the foster parents' willingness to work with
11 the family to reunite;
12 (6) the willingness and ability of the foster
13 family to provide an adoptive home or long-term
14 placement;
15 (7) the age of the child;
16 (8) placement of siblings.
17 (m) The Department may assume temporary custody of any
18 child if:
19 (1) it has received a written consent to such
20 temporary custody signed by the parents of the child or
21 by the parent having custody of the child if the parents
22 are not living together or by the guardian or custodian
23 of the child if the child is not in the custody of either
24 parent, or
25 (2) the child is found in the State and neither a
26 parent, guardian nor custodian of the child can be
27 located.
28 If the child is found in his or her residence without a
29 parent, guardian, custodian or responsible caretaker, the
30 Department may, instead of removing the child and assuming
31 temporary custody, place an authorized representative of the
32 Department in that residence until such time as a parent,
33 guardian or custodian enters the home and expresses a
34 willingness and apparent ability to ensure the child's health
HB1268 Enrolled -105- LRB9000999EGfg
1 and safety and resume permanent charge of the child, or until
2 a relative enters the home and is willing and able to ensure
3 the child's health and safety and assume charge of the child
4 until a parent, guardian or custodian enters the home and
5 expresses such willingness and ability to ensure the child's
6 safety and resume permanent charge. After a caretaker has
7 remained in the home for a period not to exceed 12 hours, the
8 Department must follow those procedures outlined in Section
9 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
10 The Department shall have the authority, responsibilities
11 and duties that a legal custodian of the child would have
12 pursuant to subsection (9) of Section 1-3 of the Juvenile
13 Court Act of 1987. Whenever a child is taken into temporary
14 custody pursuant to an investigation under the Abused and
15 Neglected Child Reporting Act, or pursuant to a referral and
16 acceptance under the Juvenile Court Act of 1987 of a minor in
17 limited custody, the Department, during the period of
18 temporary custody and before the child is brought before a
19 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
20 of the Juvenile Court Act of 1987, shall have the authority,
21 responsibilities and duties that a legal custodian of the
22 child would have under subsection (9) of Section 1-3 of the
23 Juvenile Court Act of 1987.
24 The Department shall ensure that any child taken into
25 custody is scheduled for an appointment for a medical
26 examination.
27 A parent, guardian or custodian of a child in the
28 temporary custody of the Department who would have custody of
29 the child if he were not in the temporary custody of the
30 Department may deliver to the Department a signed request
31 that the Department surrender the temporary custody of the
32 child. The Department may retain temporary custody of the
33 child for 10 days after the receipt of the request, during
34 which period the Department may cause to be filed a petition
HB1268 Enrolled -106- LRB9000999EGfg
1 pursuant to the Juvenile Court Act of 1987. If a petition is
2 so filed, the Department shall retain temporary custody of
3 the child until the court orders otherwise. If a petition is
4 not filed within the 10 day period, the child shall be
5 surrendered to the custody of the requesting parent, guardian
6 or custodian not later than the expiration of the 10 day
7 period, at which time the authority and duties of the
8 Department with respect to the temporary custody of the child
9 shall terminate.
10 (n) The Department may place children under 18 years of
11 age in licensed child care facilities when in the opinion of
12 the Department, appropriate services aimed at family
13 preservation have been unsuccessful and cannot ensure the
14 child's health and safety or are unavailable and such
15 placement would be for their best interest. Payment for
16 board, clothing, care, training and supervision of any child
17 placed in a licensed child care facility may be made by the
18 Department, by the parents or guardians of the estates of
19 those children, or by both the Department and the parents or
20 guardians, except that no payments shall be made by the
21 Department for any child placed in a licensed child care
22 facility for board, clothing, care, training and supervision
23 of such a child that exceed the average per capita cost of
24 maintaining and of caring for a child in institutions for
25 dependent or neglected children operated by the Department.
26 However, such restriction on payments does not apply in cases
27 where children require specialized care and treatment for
28 problems of severe emotional disturbance, physical
29 disability, social adjustment, or any combination thereof and
30 suitable facilities for the placement of such children are
31 not available at payment rates within the limitations set
32 forth in this Section. All reimbursements for services
33 delivered shall be absolutely inalienable by assignment,
34 sale, attachment, garnishment or otherwise.
HB1268 Enrolled -107- LRB9000999EGfg
1 (o) The Department shall establish an administrative
2 review and appeal process for children and families who
3 request or receive child welfare services from the
4 Department. Children who are wards of the Department and are
5 placed by private child welfare agencies, and foster families
6 with whom those children are placed, shall be afforded the
7 same procedural and appeal rights as children and families in
8 the case of placement by the Department, including the right
9 to an initial review of a private agency decision by that
10 agency. The Department shall insure that any private child
11 welfare agency, which accepts wards of the Department for
12 placement, affords those rights to children and foster
13 families. The Department shall accept for administrative
14 review and an appeal hearing a complaint made by a child or
15 foster family concerning a decision following an initial
16 review by a private child welfare agency. An appeal of a
17 decision concerning a change in the placement of a child
18 shall be conducted in an expedited manner.
19 (p) There is hereby created the Department of Children
20 and Family Services Emergency Assistance Fund from which the
21 Department may provide special financial assistance to
22 families which are in economic crisis when such assistance is
23 not available through other public or private sources and the
24 assistance is deemed necessary to prevent dissolution of the
25 family unit or to reunite families which have been separated
26 due to child abuse and neglect. The Department shall
27 establish administrative rules specifying the criteria for
28 determining eligibility for and the amount and nature of
29 assistance to be provided. The Department may also enter
30 into written agreements with private and public social
31 service agencies to provide emergency financial services to
32 families referred by the Department. Special financial
33 assistance payments shall be available to a family no more
34 than once during each fiscal year and the total payments to a
HB1268 Enrolled -108- LRB9000999EGfg
1 family may not exceed $500 during a fiscal year.
2 (q) The Department may receive and use, in their
3 entirety, for the benefit of children any gift, donation or
4 bequest of money or other property which is received on
5 behalf of such children, or any financial benefits to which
6 such children are or may become entitled while under the
7 jurisdiction or care of the Department.
8 The Department shall set up and administer no-cost,
9 interest-bearing savings accounts in appropriate financial
10 institutions ("individual accounts") for children for whom
11 the Department is legally responsible and who have been
12 determined eligible for Veterans' Benefits, Social Security
13 benefits, assistance allotments from the armed forces, court
14 ordered payments, parental voluntary payments, Supplemental
15 Security Income, Railroad Retirement payments, Black Lung
16 benefits, or other miscellaneous payments. Interest earned
17 by each individual account shall be credited to the account,
18 unless disbursed in accordance with this subsection.
19 In disbursing funds from children's individual accounts,
20 the Department shall:
21 (1) Establish standards in accordance with State
22 and federal laws for disbursing money from children's
23 individual accounts. In all circumstances, the
24 Department's "Guardianship Administrator" or his or her
25 designee must approve disbursements from children's
26 individual accounts. The Department shall be responsible
27 for keeping complete records of all disbursements for
28 each individual account for any purpose.
29 (2) Calculate on a monthly basis the amounts paid
30 from State funds for the child's board and care, medical
31 care not covered under Medicaid, and social services; and
32 utilize funds from the child's individual account, as
33 covered by regulation, to reimburse those costs.
34 Monthly, disbursements from all children's individual
HB1268 Enrolled -109- LRB9000999EGfg
1 accounts, up to 1/12 of $13,000,000, shall be deposited
2 by the Department into the General Revenue Fund and the
3 balance over 1/12 of $13,000,000 into the DCFS Children's
4 Services Fund.
5 (3) Maintain any balance remaining after
6 reimbursing for the child's costs of care, as specified
7 in item (2). The balance shall accumulate in accordance
8 with relevant State and federal laws and shall be
9 disbursed to the child or his or her guardian, or to the
10 issuing agency.
11 (r) The Department shall promulgate regulations
12 encouraging all adoption agencies to voluntarily forward to
13 the Department or its agent names and addresses of all
14 persons who have applied for and have been approved for
15 adoption of a hard-to-place or handicapped child and the
16 names of such children who have not been placed for adoption.
17 A list of such names and addresses shall be maintained by the
18 Department or its agent, and coded lists which maintain the
19 confidentiality of the person seeking to adopt the child and
20 of the child shall be made available, without charge, to
21 every adoption agency in the State to assist the agencies in
22 placing such children for adoption. The Department may
23 delegate to an agent its duty to maintain and make available
24 such lists. The Department shall ensure that such agent
25 maintains the confidentiality of the person seeking to adopt
26 the child and of the child.
27 (s) The Department of Children and Family Services may
28 establish and implement a program to reimburse Department and
29 private child welfare agency foster parents licensed by the
30 Department of Children and Family Services for damages
31 sustained by the foster parents as a result of the malicious
32 or negligent acts of foster children, as well as providing
33 third party coverage for such foster parents with regard to
34 actions of foster children to other individuals. Such
HB1268 Enrolled -110- LRB9000999EGfg
1 coverage will be secondary to the foster parent liability
2 insurance policy, if applicable. The program shall be funded
3 through appropriations from the General Revenue Fund,
4 specifically designated for such purposes.
5 (t) The Department shall perform home studies and
6 investigations and shall exercise supervision over visitation
7 as ordered by a court pursuant to the Illinois Marriage and
8 Dissolution of Marriage Act or the Adoption Act only if:
9 (1) an order entered by an Illinois court
10 specifically directs the Department to perform such
11 services; and
12 (2) the court has ordered one or both of the
13 parties to the proceeding to reimburse the Department for
14 its reasonable costs for providing such services in
15 accordance with Department rules, or has determined that
16 neither party is financially able to pay.
17 The Department shall provide written notification to the
18 court of the specific arrangements for supervised visitation
19 and projected monthly costs within 60 days of the court
20 order. The Department shall send to the court information
21 related to the costs incurred except in cases where the court
22 has determined the parties are financially unable to pay. The
23 court may order additional periodic reports as appropriate.
24 (u) Whenever the Department places a child in a licensed
25 foster home, group home, child care institution, or in a
26 relative home, the Department shall provide to the caretaker:
27 (1) available detailed information concerning the
28 child's educational and health history, copies of
29 immunization records (including insurance and medical
30 card information), a history of the child's previous
31 placements, if any, and reasons for placement changes
32 excluding any information that identifies or reveals the
33 location of any previous caretaker;
34 (2) a copy of the child's portion of the client
HB1268 Enrolled -111- LRB9000999EGfg
1 service plan, including any visitation arrangement, and
2 all amendments or revisions to it as related to the
3 child; and
4 (3) information containing details of the child's
5 individualized educational plan when the child is
6 receiving special education services.
7 The caretaker shall be informed of any known social or
8 behavioral information (including, but not limited to,
9 criminal background, fire setting, perpetuation of sexual
10 abuse, destructive behavior, and substance abuse) necessary
11 to care for and safeguard the child.
12 (u-5) Effective July 1, 1995, only foster care
13 placements licensed as foster family homes pursuant to the
14 Child Care Act of 1969 shall be eligible to receive foster
15 care payments from the Department. Relative caregivers who,
16 as of July 1, 1995, were approved pursuant to approved
17 relative placement rules previously promulgated by the
18 Department at 89 Ill. Adm. Code 335 and had submitted an
19 application for licensure as a foster family home may
20 continue to receive foster care payments only until the
21 Department determines that they may be licensed as a foster
22 family home or that their application for licensure is denied
23 or until September 30, 1995, whichever occurs first.
24 (v) The Department shall access criminal history record
25 information as defined in the Illinois Uniform Conviction
26 Information Act and information maintained in the
27 adjudicatory and dispositional record system as defined in
28 subdivision (A)19 of Section 55a of the Civil Administrative
29 Code of Illinois if the Department determines the information
30 is necessary to perform its duties under the Abused and
31 Neglected Child Reporting Act, the Child Care Act of 1969,
32 and the Children and Family Services Act. The Department
33 shall provide for interactive computerized communication and
34 processing equipment that permits direct on-line
HB1268 Enrolled -112- LRB9000999EGfg
1 communication with the Department of State Police's central
2 criminal history data repository. The Department shall
3 comply with all certification requirements and provide
4 certified operators who have been trained by personnel from
5 the Department of State Police. In addition, one Office of
6 the Inspector General investigator shall have training in the
7 use of the criminal history information access system and
8 have access to the terminal. The Department of Children and
9 Family Services and its employees shall abide by rules and
10 regulations established by the Department of State Police
11 relating to the access and dissemination of this information.
12 (w) Within 120 days of August 20, 1995 (the effective
13 date of Public Act 89-392), the Department shall prepare and
14 submit to the Governor and the General Assembly, a written
15 plan for the development of in-state licensed secure child
16 care facilities that care for children who are in need of
17 secure living arrangements for their health, safety, and
18 well-being. For purposes of this subsection, secure care
19 facility shall mean a facility that is designed and operated
20 to ensure that all entrances and exits from the facility, a
21 building or a distinct part of the building, are under the
22 exclusive control of the staff of the facility, whether or
23 not the child has the freedom of movement within the
24 perimeter of the facility, building, or distinct part of the
25 building. The plan shall include descriptions of the types
26 of facilities that are needed in Illinois; the cost of
27 developing these secure care facilities; the estimated number
28 of placements; the potential cost savings resulting from the
29 movement of children currently out-of-state who are projected
30 to be returned to Illinois; the necessary geographic
31 distribution of these facilities in Illinois; and a proposed
32 timetable for development of such facilities.
33 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
34 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
HB1268 Enrolled -113- LRB9000999EGfg
1 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
2 revised 10-20-97.)
3 (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)
4 Sec. 17a-4. Grants for community-based youth services;
5 Department of Human Services.
6 (a) The Department of Human Services shall make grants
7 for the purpose of planning, establishing, operating,
8 coordinating and evaluating programs aimed at reducing or
9 eliminating the involvement of youth in the child welfare or
10 juvenile justice systems. The programs shall include those
11 providing for more comprehensive and integrated
12 community-based youth services including Unified Delinquency
13 Intervention Services programs and for community services
14 programs. The Department may authorize advance disbursement
15 of funds for such youth services programs. When the
16 appropriation for "comprehensive community-based service to
17 youth" is equal to or exceeds $5,000,000, the Department
18 shall allocate the total amount of such appropriated funds in
19 the following manner:
20 (1) no more than 20% of the grant funds
21 appropriated shall be awarded by the Department for new
22 program development and innovation;
23 (2) not less than 80% of grant funds appropriated
24 shall be allocated to community-based 92community-based
25 youth services programs based upon population of youth
26 under 18 018 years of age and other demographic variables
27 defined by the Department of Human Services by rule,
28 which may include weighting for service priorities
29 relating to special needs identified in the annual plans
30 of the regional youth planning committees established
31 under this Act;
32 (3) if any amount so allocated under paragraph (2)
33 of this subsection (a) remains unobligated such funds
HB1268 Enrolled -114- LRB9000999EGfg
1 shall be reallocated in a manner equitable and consistent
2 with the purpose of paragraph (2) of this subsection (a);
3 and
4 (4) the local boards or local service systems shall
5 certify prior to receipt of grant funds from the
6 Department of Human Services that a 10% local public or
7 private financial or in-kind commitment is allocated to
8 supplement the State grant.
9 (b) Notwithstanding any provision in this Act or rules
10 promulgated under this Act to the contrary, unless expressly
11 prohibited by federal law or regulation, all individuals,
12 corporations, or other entities that provide medical or
13 mental health services, whether organized as for-profit or
14 not-for-profit entities, shall be eligible for consideration
15 by the Department of Human Services to participate in any
16 program funded or administered by the Department. This
17 subsection shall not apply to the receipt of federal funds
18 administered and transferred by the Department for services
19 when the federal government has specifically provided that
20 those funds may be received only by those entities organized
21 as not-for-profit entities.
22 (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
23 revised 3-10-97.)
24 (20 ILCS 505/21) (from Ch. 23, par. 5021)
25 Sec. 21. (a) To make such investigations as it may deem
26 necessary to the performance of its duties.
27 (b) In the course of any such investigation any
28 qualified person authorized by the Director may administer
29 oaths and secure by its subpoena both the attendance and
30 testimony of witnesses and the production of books and papers
31 relevant to such investigation. Any person who is served with
32 a subpoena by the Department to appear and testify or to
33 produce books and papers, in the course of an investigation
HB1268 Enrolled -115- LRB9000999EGfg
1 authorized by law, and who refuses or neglects to appear, or
2 to testify, or to produce books and papers relevant to such
3 investigation, as commanded in such subpoena, shall be guilty
4 of a Class B misdemeanor. The fees of witnesses for
5 attendance and travel shall be the same as the fees of
6 witnesses before the circuit courts of this State. Any
7 circuit court of this State, upon application of the
8 Department, may compel the attendance of witnesses, the
9 production of books and papers, and giving of testimony
10 before the Department or before any authorized officer or
11 employee thereof, by an attachment for contempt or otherwise,
12 in the same manner as production of evidence may be compelled
13 before such court. Every person who, having taken an oath or
14 made affirmation before the Department or any authorized
15 officer or employee thereof, shall willfully swear or affirm
16 falsely, shall be guilty of perjury and upon conviction shall
17 be punished accordingly.
18 (c) Investigations initiated under this Section shall
19 provide individuals due process of law, including the right
20 to a hearing, to cross-examine witnesses, to obtain relevant
21 documents, and to present evidence. Administrative findings
22 shall be subject to the provisions of the Administrative
23 Review Law.
24 (d) Beginning July 1, 1988, any child protective
25 investigator or supervisor or child welfare specialist or
26 supervisor employed by the Department on the effective date
27 of this amendatory Act of 1987 shall have completed a
28 training program which shall be instituted by the Department.
29 The training program shall include, but not be limited to,
30 the following: (1) training in the detection of symptoms of
31 child neglect and drug abuse; (2) specialized training for
32 dealing with families and children of drug abusers; and (3)
33 specific training in child development, family dynamics and
34 interview techniques. Such program shall conform to the
HB1268 Enrolled -116- LRB9000999EGfg
1 criteria and curriculum developed under Section 4 of the
2 Child Protective Investigator and Child Welfare Specialist
3 Certification Act of 1987. Failure to complete such training
4 due to lack of opportunity provided by the Department shall
5 in no way be grounds for any disciplinary or other action
6 against an investigator or a specialist.
7 The Department shall develop a continuous inservice staff
8 development program and evaluation system. Each child
9 protective investigator and supervisor and child welfare
10 specialist and supervisor shall participate in such program
11 and evaluation and shall complete a minimum of 20 hours of
12 inservice education and training every 2 years in order to
13 maintain certification.
14 Any child protective investigator or child protective
15 supervisor, or child welfare specialist or child welfare
16 specialist supervisor hired by the Department who begins his
17 actual employment after the effective date of this amendatory
18 Act of 1987, shall be certified pursuant to the Child
19 Protective Investigator and Child Welfare Specialist
20 Certification Act of 1987 before he begins such employment.
21 Nothing in this Act shall replace or diminish the rights of
22 employees under the Illinois Public Labor Relations Act, as
23 amended, or the National Labor Relations Act. In the event of
24 any conflict between either of those Acts, or any collective
25 bargaining agreement negotiated thereunder, and the
26 provisions of subsections (d) and (e), the former shall
27 prevail and control.
28 (e) The Department shall develop and implement the
29 following:
30 (1) A standardized standarized child endangerment
31 risk assessment protocol.
32 (2) Related training procedures.
33 (3) A standardized standarized method for
34 demonstration of proficiency in application of the
HB1268 Enrolled -117- LRB9000999EGfg
1 protocol.
2 (4) An evaluation of the reliability and validity
3 of the protocol.
4 All child protective investigators and supervisors and child
5 welfare specialists and supervisors employed by the
6 Department or its contractors shall be required, subsequent
7 to the availability of training under this Act, to
8 demonstrate proficiency in application of the protocol
9 previous to being permitted to make decisions about the
10 degree of risk posed to children for whom they are
11 responsible. The Department shall establish a
12 multi-disciplinary advisory committee composed of not more
13 than 15 members appointed by the Director, including but not
14 limited to representatives from the fields of child
15 development, domestic violence, family systems, juvenile
16 justice, law enforcement, health care, mental health,
17 substance abuse, and social service to advise the Department
18 and its related contractors in the development and
19 implementation of the child endangerment risk assessment
20 protocol, related training, method for demonstration of
21 proficiency in application of the protocol, and evaluation of
22 the reliability and validity of the protocol. The Department
23 shall develop the protocol, training curriculum, method for
24 demonstration of proficiency in application of the protocol
25 and method for evaluation of the reliability and validity of
26 the protocol by July 1, 1995. Training and demonstration of
27 proficiency in application of the child endangerment risk
28 assessment protocol for all child protective investigators
29 and supervisors and child welfare specialists and supervisors
30 shall be completed as soon as practicable, but no later than
31 January 1, 1996. The Department shall submit to the General
32 Assembly on or before May 1, 1996, and every year thereafter,
33 an annual report on the evaluation of the reliability and
34 validity of the child endangerment risk assessment protocol.
HB1268 Enrolled -118- LRB9000999EGfg
1 The Department shall contract with a not for profit
2 organization with demonstrated expertise in the field of
3 child endangerment risk assessment to assist in the
4 development and implementation of the child endangerment risk
5 assessment protocol, related training, method for
6 demonstration of proficiency in application of the protocol,
7 and evaluation of the reliability and validity of the
8 protocol.
9 (Source: P.A. 88-614, eff. 9-7-94; revised 7-21-97.)
10 Section 22. The Civil Administrative Code of Illinois is
11 amended by changing Sections 46.6c and 46.19j as follows:
12 (20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
13 Sec. 46.6c. The Department may, subject to
14 appropriation, provide contractual funding from the Tourism
15 Promotion Fund for the administrative costs of not-for-profit
16 regional tourism development organizations that assist the
17 Department in developing tourism throughout a multi-county
18 geographical area designated by the Department. Regional
19 tourism development organizations receiving funds under this
20 Section may be required by the Department to submit to audits
21 of contracts awarded by the Department to determine whether
22 the regional tourism development organization has performed
23 all contractual obligations under those contracts. Every
24 employee of a regional tourism development organization
25 receiving funds under this Section shall disclose to its
26 governing board and to the Department any economic interest
27 that employee may have in any entity with which the regional
28 tourism development organization has contracted with or to
29 which the regional tourism development organization has
30 granted funds.
31 (Source: P.A. 90-26, eff. 7-1-97; revised 1-7-98.)
HB1268 Enrolled -119- LRB9000999EGfg
1 (20 ILCS 605/46.19j)
2 Sec. 46.19j. Job Training and Economic Development
3 Demonstration Grant Program.
4 (a) Legislative findings. The General Assembly finds
5 that:
6 (1) despite the large number of unemployed job
7 seekers, many employers are having difficulty matching
8 the skills they require with the skills of workers; a
9 similar problem exists in industries where overall
10 employment may not be expanding but there is an acute
11 need for skilled workers in particular occupations;
12 (2) the State of Illinois should foster local
13 economic development by linking the job training of
14 unemployed disadvantaged citizens with the workforce
15 needs of local business and industry; and
16 (3) employers often need assistance in developing
17 training resources that will provide work opportunities
18 for disadvantaged populations.
19 (b) Definitions. As used in this Act:
20 "Community based provider" means a not-for-profit
21 organization, with local boards of directors, that directly
22 provides job training services.
23 "Disadvantaged persons" has the same meaning as the term
24 is defined in Title II-A of the federal Job Training
25 Partnership Act.
26 "Training partners" means a community-based provider and
27 one or more employers who have established training and
28 placement linkages.
29 (c) From funds appropriated for that purpose, the
30 Department of Commerce and Community Affairs shall administer
31 a Job Training and Economic Development Demonstration Grant
32 Program. The Director shall make not less than 12 and not
33 more than 20 demonstration project grants to community-based
34 providers. The grants shall be made to support the
HB1268 Enrolled -120- LRB9000999EGfg
1 following:
2 (1) partnerships between community-based providers
3 and employers for the customized training of existing
4 low-skilled, low-wage employees and newly hired
5 disadvantaged persons; and
6 (2) partnerships between community-based providers
7 and employers to develop training programs that would
8 link the work force needs of local industry with the job
9 training of unemployed disadvantaged persons.
10 (d) For projects created under paragraph (1) of
11 subsection (c) (b):
12 (1) the Department shall give a priority to
13 projects that include an in-kind match by an employer in
14 partnership with a community-based provider and projects
15 that use instructional materials and training instructors
16 directly used in the specific industry sector of the
17 partnership employer; and
18 (2) the partnership employer must be an active
19 participant in the curriculum development, employ under
20 250 workers, and train primarily disadvantaged
21 populations.
22 (e) For projects created under paragraph (2) of
23 subsection (c) (b):
24 (1) community based organizations shall assess the
25 employment barriers and needs of local residents and work
26 in partnership with local economic development
27 organizations to identify the priority workforce needs of
28 the local industry;
29 (2) training partners, that is, community-based
30 organizations and employers, shall work together to
31 design programs with maximum benefits to local
32 disadvantaged persons and local employers;
33 (3) employers must be involved in identifying
34 specific skill-training needs, planning curriculum,
HB1268 Enrolled -121- LRB9000999EGfg
1 assisting in training activities, providing job
2 opportunities, and coordinating job retention for people
3 hired after training through this program and follow-up
4 support; and
5 (4) the community-based organizations shall serve
6 disadvantaged persons, including welfare recipients.
7 (f) The Department shall adopt rules for the grant
8 program and shall create a competitive application procedure
9 for those grants to be awarded beginning in fiscal year 1998.
10 (Source: P.A. 90-474, eff. 1-1-98; revised 1-7-98.)
11 Section 23. The Business Assistance and Regulatory
12 Reform Act is amended by changing Section 15 as follows:
13 (20 ILCS 608/15)
14 Sec. 15. Providing Information and Expediting Permit
15 Reviews.
16 (a) The office shall provide an information system using
17 a toll-free business assistance number. The number shall be
18 advertised throughout the State. If requested, the caller
19 will be sent a basic business kit, describing the basic
20 requirements and procedures for doing business in Illinois.
21 If requested, the caller shall be directed to one or more of
22 the additional services provided by the office. All persons
23 providing advice to callers on behalf of the office and all
24 persons responsible for directly providing services to
25 persons visiting the office or one of its branches shall be
26 persons with small business experience in an administrative
27 or managerial capacity.
28 (b) (Blank).
29 (c) Any applicant for permits required for a business
30 activity may confer with the office to obtain assistance in
31 the prompt and efficient processing and review of
32 applications. The office may designate an employee of the
HB1268 Enrolled -122- LRB9000999EGfg
1 office to act as a permit assistance manager to:
2 (1) facilitate contacts for the applicant with
3 responsible agencies;
4 (2) arrange conferences to clarify the requirements
5 of interested agencies;
6 (3) consider with State agencies the feasibility of
7 consolidating hearings and data required of the
8 applicant;
9 (4) assist the applicant in resolution of
10 outstanding issues identified by State agencies; and
11 (5) coordinate federal, State and local regulatory
12 procedures and permit review actions to the extent
13 possible.
14 (d) The office shall publish a directory of State
15 business permits and State programs to assist small
16 businesses.
17 (e) The office shall attempt to establish agreements
18 with local governments to allow the office to provide
19 assistance to applicants for permits required by these local
20 governments.
21 (f) Interested State agencies shall, to the maximum
22 extent feasible, establish procedures to expedite
23 applications for infrastructure projects. Applications for
24 permits for infrastructure projects shall be approved or
25 disapproved within 45 days of submission, unless law or
26 regulations specify a different period. If the interested
27 agency is unable to act within that period, the agency shall
28 provide a written notification to the office specifying
29 reasons for its inability to act and the date by which
30 approval or disapproval shall be determined. The office may
31 require any interested State agency to designate an employee
32 who will coordinate the handling of permits in that area.
33 (g) In addition to its responsibilities in connection
34 with permit assistance, the office shall provide general
HB1268 Enrolled -123- LRB9000999EGfg
1 regulatory information by directing businesses to appropriate
2 officers in State agencies to supply the information
3 requested.
4 (h) The office shall help businesses to locate and apply
5 to training programs available to train current employees in
6 particular skills, techniques or areas of knowledge relevant
7 to the employees' present or anticipated job duties. In
8 pursuit of this objective, the office shall provide
9 businesses with pertinent information about training programs
10 offered by State agencies, units of local government, public
11 universities and colleges, community colleges, and school
12 districts in Illinois.
13 (i) The office shall help businesses to locate and apply
14 to State programs offering to businesses grants, loans, loan
15 or bond guarantees, investment partnerships, technology or
16 productivity consultation, or other forms of business
17 assistance.
18 (j) To the extent authorized by federal law, the office
19 shall assist businesses in ascertaining and complying with
20 the requirements of the federal Americans with Disabilities
21 Act.
22 (k) The office shall provide confidential on-site
23 assistance in identifying problems and solutions in
24 compliance with requirements of the federal Occupational
25 Safety and Health Administration and other State and federal
26 environmental regulations. The office shall work through and
27 contract with the Waste Management and Research Center to
28 provide confidential on-site consultation audits that (i)
29 assist regulatory compliance and (ii) identify pollution
30 prevention opportunities.
31 (l) The office shall provide information on existing
32 loan and business assistance programs provided by the State.
33 (m) Each State agency having jurisdiction to approve or
34 deny a permit shall have the continuing power heretofore or
HB1268 Enrolled -124- LRB9000999EGfg
1 hereafter vested in it to make such determinations. The
2 provisions of this Act shall not lessen or reduce such powers
3 and shall modify the procedures followed in carrying out such
4 powers only to the extent provided in this Act.
5 (n) (1) Each State agency shall fully cooperate with the
6 office in providing information, documentation, personnel or
7 facilities requested by the office.
8 (2) Each State agency having jurisdiction of any permit
9 to which the master application procedure is applicable shall
10 designate an employee to act as permit liaison office with
11 the office in carrying out the provisions of this Act.
12 (o) (1) The office has authority, but is not required,
13 to keep and analyze appropriate statistical data regarding
14 the number of permits issued by State agencies, the amount of
15 time necessary for the permits to be issued, the cost of
16 obtaining such permits, the types of projects for which
17 specific permits are issued, a geographic distribution of
18 permits, and other pertinent data the office deems
19 appropriate.
20 The office shall make such data and any analysis of the
21 data available to the public.
22 (2) The office has authority, but is not required, to
23 conduct or cause to be conducted a thorough review of any
24 agency's permit requirements and the need by the State to
25 require such permits. The office shall draw on the review,
26 on its direct experience, and on its statistical analyses to
27 prepare recommendations regarding how to:
28 (i) eliminate unnecessary or antiquated permit
29 requirements;
30 (ii) consolidate duplicative or overlapping permit
31 requirements;
32 (iii) simplify overly complex or lengthy
33 application procedures;
34 (iv) expedite time-consuming agency review and
HB1268 Enrolled -125- LRB9000999EGfg
1 approval procedures; or
2 (v) otherwise improve the permitting processes in
3 the State.
4 The office shall submit copies of all recommendations
5 within 5 days of issuance to the affected agency, the
6 Governor, the General Assembly, and the Joint Committee on
7 Administrative Rules.
8 (p) The office has authority to review State forms on
9 its own initiative or upon the request of another State
10 agency to ascertain the burden, if any, of complying with
11 those forms. If the office determines that a form is unduly
12 burdensome to business, it may recommend to the agency
13 issuing the form either that the form be eliminated or that
14 specific changes be made in the form.
15 (q) Not later than March 1 of each year, beginning March
16 1, 1995, the office shall submit an annual report of its
17 activities during the preceding year to the Governor and
18 General Assembly. The report shall describe the activities
19 of the office during the preceding year and shall contain
20 statistical information on the permit assistance activities
21 of the office.
22 (Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97;
23 revised 11-13-97.)
24 Section 24. The Illinois Promotion Act is amended by
25 changing Section 4a as follows:
26 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
27 Sec. 4a. Funds.
28 (1) As soon as possible after the first day of each
29 month, beginning July 1, 1978 and ending June 30, 1997, upon
30 certification of the Department of Revenue, the Comptroller
31 shall order transferred and the Treasurer shall transfer from
32 the General Revenue Fund to a special fund in the State
HB1268 Enrolled -126- LRB9000999EGfg
1 Treasury, to be known as the "Tourism Promotion Fund", an
2 amount equal to 10% of the net revenue realized from "The
3 Hotel Operators' Occupation Tax Act", as now or hereafter
4 amended, plus an amount equal to 10% of the net revenue
5 realized from any tax imposed under Section 4.05 of the
6 Chicago World's Fair - 1992 Authority Act, as now or
7 hereafter amended, during the preceding month. Net revenue
8 realized for a month shall be the revenue collected by the
9 State pursuant to that Act during the previous month less the
10 amount paid out during that same month as refunds to
11 taxpayers for overpayment of liability under that Act.
12 All moneys deposited in the Tourism Promotion Fund
13 pursuant to this subsection are allocated to the Department
14 for utilization, as appropriated, in the performance of its
15 powers under Section 4.
16 As soon as possible after the first day of each month,
17 beginning July 1, 1997, upon certification of the Department
18 of Revenue, the Comptroller shall order transferred and the
19 Treasurer shall transfer from the General Revenue Fund to the
20 Tourism Promotion Fund an amount equal to 13% of the net
21 revenue realized from the Hotel Operators' Occupation Tax Act
22 plus an amount equal to 13% of the net revenue realized from
23 any tax imposed under Section 4.05 of the Chicago World's
24 Fair-1992 Authority Act during the preceding month. "Net
25 revenue realized for a month" means the revenue collected by
26 the State under that Act during the previous month less the
27 amount paid out during that same month as refunds to
28 taxpayers for overpayment of liability under that Act.
29 (1.1) (Blank).
30 (2) (Blank). As soon as possible after the first day of
31 each month, beginning July 1, 1997, upon certification of the
32 Department of Revenue, the Comptroller shall order
33 transferred and the Treasurer shall transfer from the General
34 Revenue Fund to the Tourism Promotion Fund an amount equal to
HB1268 Enrolled -127- LRB9000999EGfg
1 8% of the net revenue realized from the Hotel Operators'
2 Occupation Tax plus an amount equal to 8% of the net revenue
3 realized from any tax imposed under Section 4.05 of the
4 Chicago World's Fair-1992 Authority Act during the preceding
5 month. "Net revenue realized for a month" means the revenue
6 collected by the State under that Act during the previous
7 month less the amount paid out during that same month as
8 refunds to taxpayers for overpayment of liability under that
9 Act.
10 All monies deposited in the Tourism Promotion Fund under
11 this subsection (2) shall be used solely as provided in this
12 subsection to advertise and promote tourism throughout
13 Illinois. Appropriations of monies deposited in the Tourism
14 Promotion Fund pursuant to this subsection (2) shall be used
15 solely for advertising to promote tourism, including but not
16 limited to advertising production and direct advertisement
17 costs, but shall not be used to employ any additional staff,
18 finance any individual event, or lease, rent or purchase any
19 physical facilities. The Department shall coordinate its
20 advertising under this subsection (2) with other public and
21 private entities in the State engaged in similar promotion
22 activities. Print or electronic media production made
23 pursuant to this subsection (2) for advertising promotion
24 shall not contain or include the physical appearance of or
25 reference to the name or position of any public officer.
26 "Public officer" means a person who is elected to office
27 pursuant to statute, or who is appointed to an office which
28 is established, and the qualifications and duties of which
29 are prescribed, by statute, to discharge a public duty for
30 the State or any of its political subdivisions.
31 (3) Subject to appropriation, moneys shall be
32 transferred from the Tourism Promotion Fund into the Grape
33 and Wine Resources Fund pursuant to Article XII of the Liquor
34 Control Act of 1934 and shall be used by the Department in
HB1268 Enrolled -128- LRB9000999EGfg
1 accordance with the provisions of that Article.
2 (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; revised
3 7-31-97.)
4 Section 25. The Civil Administrative Code of Illinois is
5 amended by changing Section 63a21.1 as follows:
6 (20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
7 Sec. 63a21.1. Fees. To assess appropriate and reasonable
8 fees for the use of concession type facilities as well as
9 other facilities and sites under the jurisdiction of the
10 Department of Natural Resources. The Department may
11 regulate, by rule, the fees to be charged. The income
12 collected shall be deposited in the State Parks Park Fund or
13 Wildlife and Fish Fund depending on the classification of the
14 State managed facility involved.
15 (Source: P.A. 88-91; 89-445, eff. 2-7-96; revised 3-28-97.)
16 Section 26. The Energy Conservation and Coal Development
17 Act is amended by changing Section 16 as follows:
18 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
19 (Section scheduled to be repealed on July 1, 1998)
20 Sec. 16. Battery Task Force.
21 (a) Within the Department is created a Battery Task
22 Force to be comprised of (i) the Director of the Department
23 who shall serve as chair of the Task Force; (ii) the Director
24 of the Environmental Protection Agency; (iii) the Director
25 of the Waste Management and Research Center; and (iv) 15
26 persons who shall be appointed by the Director of the
27 Department, including 2 persons representing an environmental
28 organization, 2 persons representing the battery cell
29 industry, 2 persons representing the rechargeable powered
30 tool/device industry, 3 representatives from local government
HB1268 Enrolled -129- LRB9000999EGfg
1 with residential recycling programs (including one from a
2 municipality with more than a million people), one person
3 representing the retail industry, one person representing a
4 consumer group, 2 persons representing the waste management
5 industry, one person representing a recycling firm, and one
6 person representing a citizens' group active in local solid
7 waste issues.
8 (b) The Task Force shall prepare a report of its
9 findings and recommendations and shall present the report to
10 the Governor and the General Assembly on or before April 1,
11 1993. Among other things, the Task Force shall evaluate:
12 (1) collection, storage, and processing systems for
13 the recycling and proper management of common household
14 batteries and rechargeable battery products generated by
15 consumers, businesses, institutions, and governmental
16 units;
17 (2) public education programs that promote waste
18 reduction, reuse, and recycling strategies for household
19 batteries;
20 (3) disposal bans on specific household batteries
21 or rechargeable battery products;
22 (4) management options for rechargeable tools and
23 appliances;
24 (5) technical and financial assistance programs for
25 local governments;
26 (6) guidelines and regulations for the storage,
27 transportation, and disposal of household batteries;
28 (7) labeling requirements for household batteries
29 and battery packaging;
30 (8) metal content limits and sale restrictions for
31 carbon-zinc, nickel-cadmium, and button batteries;
32 (9) market development options for materials
33 recovered from household batteries;
34 (10) industry waste reduction developments,
HB1268 Enrolled -130- LRB9000999EGfg
1 including substitution of longer-life, rechargeable and
2 recyclable batteries, substitution of alternative
3 products which do not require batteries, increased use of
4 power-source adapters, and use of replaceable batteries
5 in battery-powered appliances; and
6 (11) the feasibility of reverse distribution of
7 batteries.
8 The Task Force shall review, evaluate, and compare
9 existing battery management and collection systems and
10 studies including those used from other states, the European
11 Community, and other major industrial nations. The Task Force
12 shall consult with manufacturers and the public to determine
13 the most cost effective and efficient means for battery
14 management.
15 This Section is repealed July 1, 1998.
16 (Source: P.A. 90-372, eff. 7-1-98; 90-490, eff. 8-17-97;
17 revised 11-17-97.)
18 Section 27. The Energy Conservation Act is amended by
19 changing Section 3 as follows:
20 (20 ILCS 1115/3) (from Ch. 96 1/2, par. 7603)
21 Sec. 3. Definitions. As used in this Act:
22 "HVAC" means a system that provides comfort, heating or
23 air-conditioning within or associated with a building.
24 "Lighting efficiency standards" means practices or
25 regulations which would conserve the energy needed to light
26 new public buildings.
27 "Thermal efficiency standards" means regulations or
28 practices which would conserve energy by affecting the
29 exterior envelope physical characteristics, HVAC system
30 selection and configuration, HVAC system performance and
31 service water heating design and equipment selection for all
32 new and renovated buildings.
HB1268 Enrolled -131- LRB9000999EGfg
1 "Unit of local government" means a county, municipality,
2 township, special district, school district, and a unit
3 designated as a unit of local government by law, which
4 exercises limited governmental power or powers in respect to
5 limited governmental subjects.
6 (Source: P.A. 81-357; revised 12-18-97.)
7 Section 28. The Mental Health and Developmental
8 Disabilities Administrative Act is amended by setting forth
9 and renumbering multiple versions of Section 69 as follows:
10 (20 ILCS 1705/69)
11 Sec. 69. Joint planning by the Department of Human
12 Services and the Department of Children and Family Services.
13 The purpose of this Section is to mandate that joint planning
14 occur between the Department of Children and Family Services
15 and the Department of Human Services to ensure that the 2
16 agencies coordinate their activities and effectively work
17 together to provide wards with developmental disabilities for
18 whom the Department of Children and Family Services is
19 legally responsible a smooth transition to adult living upon
20 reaching the age of 21. The Department of Children and
21 Family Services and the Department of Human Services shall
22 execute an interagency agreement by January 1, 1998 that
23 outlines the terms of the coordination process. The
24 Departments shall consult with private providers of services
25 to children in formulating the interagency agreement.
26 (Source: P.A. 90-512, eff. 8-22-97.)
27 (20 ILCS 1705/70)
28 Sec. 70. 69. Monitoring by closed circuit television.
29 The Department of Human Services as successor to the
30 Department of Mental Health and Developmental Disabilities
31 may install closed circuit televisions in quiet rooms in
HB1268 Enrolled -132- LRB9000999EGfg
1 institutions supervised or operated by the Department to
2 monitor patients in those quiet rooms. Nothing in this
3 Section shall be construed to supersede or interfere with any
4 current provisions in the Mental Health and Developmental
5 Disabilities Code concerning the observation and monitoring
6 of patients.
7 (Source: P.A. 90-444, eff. 8-16-97; revised 11-19-97.)
8 Section 29. The Illinois Health Finance Reform Act is
9 amended by changing Section 4-4 as follows:
10 (20 ILCS 2215/4-4) (from Ch. 111 1/2, par. 6504-4)
11 Sec. 4-4. (a) Hospitals shall make available to
12 prospective patients information on the normal charge
13 incurred for any procedure or operation the prospective
14 patient is considering.
15 (b) The Council shall require hospitals to post in
16 letters no more than one inch in height the established
17 charges for services, where applicable, including but not
18 limited to, the hospital's hospitals private room charge,
19 semi-private room charge, charge for a room rooms with 3 or
20 more beds charge, intensive care room charges, emergency room
21 charge, operating room charge, electrocardiogram
22 electrocardiagram charge, anesthesia charge, chest x-ray
23 charge, blood sugar charge, blood chemistry charge, tissue
24 exam charge, blood typing charge and Rh factor charge. The
25 definitions of each charge to be posted shall be determined
26 by the Council.
27 (Source: P.A. 84-325; revised 8-7-97.)
28 Section 30. The Civil Administrative Code of Illinois is
29 amended by setting forth and renumbering multiple versions of
30 Sections 55.84 and 55.85 as follows:
HB1268 Enrolled -133- LRB9000999EGfg
1 (20 ILCS 2310/55.84)
2 Sec. 55.84. Breast feeding; public information campaign.
3 The Department of Public Health may conduct an information
4 campaign for the general public to promote breast feeding of
5 infants by their mothers. The Department may include the
6 information in a brochure prepared under Section 55.64 or in
7 a brochure that shares other information with the general
8 public and is distributed free of charge. If the Department
9 includes the information required under this Section in a
10 brochure authorized or required under another provision of
11 law, the Department may continue to use existing stocks of
12 that brochure before adding the information required under
13 this Section but shall add that information in the next
14 printing of the brochure. The information required under
15 this Section may be distributed to the parents or legal
16 custodians of each newborn upon discharge of the infant from
17 a hospital or other health care facility.
18 (Source: P.A. 90-244, eff. 1-1-98.)
19 (20 ILCS 2310/55.85)
20 Sec. 55.85. Grants from the Mental Health Research Fund.
21 From funds appropriated from the Mental Health Research Fund,
22 the Department of Human Services shall award grants to
23 organizations in Illinois, for the purpose of research of
24 mental illness.
25 (Source: P.A. 90-171, eff. 7-23-97.)
26 (20 ILCS 2310/55.87)
27 Sec. 55.87. 55.84. Advisory committee concerning
28 construction of facilities. The Director of Public Health
29 shall appoint an advisory committee which committee shall be
30 established by the Department by rule. The Director and the
31 Department shall consult with the advisory committee
32 concerning the application of building codes and Department
HB1268 Enrolled -134- LRB9000999EGfg
1 rules related to those building codes to facilities under the
2 Ambulatory Surgical Treatment Center Act, the Nursing Home
3 Care Act, and the Hospital Licensing Act.
4 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
5 (20 ILCS 2310/55.88)
6 Sec. 55.88. 55.85. Facility construction training
7 program. The Department shall conduct, at least annually, a
8 joint in-service training program for architects, engineers,
9 interior designers, and other persons involved in the
10 construction of a facility under the Ambulatory Surgical
11 Treatment Center Act, the Nursing Home Care Act, or the
12 Hospital Licensing Act on problems and issues relating to the
13 construction of facilities under any of those Acts.
14 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
15 Section 31. The Domestic Abuse of Disabled Adults
16 Intervention Act is amended by changing Section 45 as
17 follows:
18 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
19 Sec. 45. Consent.
20 (a) If the Domestic Abuse Project has received a report
21 of alleged or suspected abuse, neglect, or exploitation with
22 regard to an adult disabled person who lacks the capacity to
23 consent to an assessment or to services, the Domestic Abuse
24 Project may seek, directly or through another agency, the
25 appointment of a temporary or permanent guardian as provided
26 in Article XIa of the Probate Act of 1975 or other relief as
27 provided under the Illinois Domestic Violence Act of 1986.
28 (b) A guardian of the person of an adult disabled person
29 who is abused, neglected, or exploited by another individual
30 in a domestic living situation may consent to an assessment
31 or to services being provided pursuant to the service plan.
HB1268 Enrolled -135- LRB9000999EGfg
1 If the guardian is alleged to be the perpetrator of the
2 abuse, neglect, or exploitation, the Domestic Abuse Project
3 shall seek the appointment of a temporary guardian pursuant
4 to Section 213.3 231.3 of the Illinois Domestic Violence Act
5 of 1986. If a guardian withdraws his consent or refuses to
6 allow an assessment or services to be provided to the adult,
7 the Domestic Abuse Project may request an order of protection
8 under the Illinois Domestic Violence Act of 1986 seeking
9 appropriate remedies, and may in addition request removal of
10 the guardian and appointment of a successor guardian.
11 (c) For the purposes of this Section only, "lacks the
12 capacity to consent" shall mean that the adult disabled
13 person reasonably appears to be unable by reason of physical
14 or mental condition to receive and evaluate information
15 related to the assessment or services, or to communicate
16 decisions related to the assessment or services in the
17 manner in which the person communicates.
18 (Source: P.A. 87-658; revised 12-18-97.)
19 Section 32. The Civil Administrative Code of Illinois is
20 amended by changing Section 55a as follows:
21 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
22 Sec. 55a. Powers and duties.
23 (A) The Department of State Police shall have the
24 following powers and duties, and those set forth in Sections
25 55a-1 through 55c:
26 1. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the State
28 Police Act.
29 2. To exercise the rights, powers and duties which have
30 been vested in the Department of Public Safety by the State
31 Police Radio Act.
32 3. To exercise the rights, powers and duties which have
HB1268 Enrolled -136- LRB9000999EGfg
1 been vested in the Department of Public Safety by the
2 Criminal Identification Act.
3 4. To (a) investigate the origins, activities, personnel
4 and incidents of crime and the ways and means to redress the
5 victims of crimes, and study the impact, if any, of
6 legislation relative to the effusion of crime and growing
7 crime rates, and enforce the criminal laws of this State
8 related thereto, (b) enforce all laws regulating the
9 production, sale, prescribing, manufacturing, administering,
10 transporting, having in possession, dispensing, delivering,
11 distributing, or use of controlled substances and cannabis,
12 (c) employ skilled experts, scientists, technicians,
13 investigators or otherwise specially qualified persons to aid
14 in preventing or detecting crime, apprehending criminals, or
15 preparing and presenting evidence of violations of the
16 criminal laws of the State, (d) cooperate with the police of
17 cities, villages and incorporated towns, and with the police
18 officers of any county, in enforcing the laws of the State
19 and in making arrests and recovering property, (e) apprehend
20 and deliver up any person charged in this State or any other
21 State of the United States with treason, felony, or other
22 crime, who has fled from justice and is found in this State,
23 and (f) conduct such other investigations as may be provided
24 by law. Persons exercising these powers within the Department
25 are conservators of the peace and as such have all the powers
26 possessed by policemen in cities and sheriffs, except that
27 they may exercise such powers anywhere in the State in
28 cooperation with and after contact with the local law
29 enforcement officials. Such persons may use false or
30 fictitious names in the performance of their duties under
31 this paragraph, upon approval of the Director, and shall not
32 be subject to prosecution under the criminal laws for such
33 use.
34 5. To: (a) be a central repository and custodian of
HB1268 Enrolled -137- LRB9000999EGfg
1 criminal statistics for the State, (b) be a central
2 repository for criminal history record information, (c)
3 procure and file for record such information as is necessary
4 and helpful to plan programs of crime prevention, law
5 enforcement and criminal justice, (d) procure and file for
6 record such copies of fingerprints, as may be required by
7 law, (e) establish general and field crime laboratories, (f)
8 register and file for record such information as may be
9 required by law for the issuance of firearm owner's
10 identification cards, (g) employ polygraph operators,
11 laboratory technicians and other specially qualified persons
12 to aid in the identification of criminal activity, and (h)
13 undertake such other identification, information, laboratory,
14 statistical or registration activities as may be required by
15 law.
16 6. To (a) acquire and operate one or more radio
17 broadcasting stations in the State to be used for police
18 purposes, (b) operate a statewide communications network to
19 gather and disseminate information for law enforcement
20 agencies, (c) operate an electronic data processing and
21 computer center for the storage and retrieval of data
22 pertaining to criminal activity, and (d) undertake such other
23 communication activities as may be required by law.
24 7. To provide, as may be required by law, assistance to
25 local law enforcement agencies through (a) training,
26 management and consultant services for local law enforcement
27 agencies, and (b) the pursuit of research and the publication
28 of studies pertaining to local law enforcement activities.
29 8. To exercise the rights, powers and duties which have
30 been vested in the Department of State Police and the
31 Director of the Department of State Police by the Narcotic
32 Control Division Abolition Act.
33 9. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the
HB1268 Enrolled -138- LRB9000999EGfg
1 Illinois Vehicle Code.
2 10. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the Firearm
4 Owners Identification Card Act.
5 11. To enforce and administer such other laws in
6 relation to law enforcement as may be vested in the
7 Department.
8 12. To transfer jurisdiction of any realty title to
9 which is held by the State of Illinois under the control of
10 the Department to any other department of the State
11 government or to the State Employees Housing Commission, or
12 to acquire or accept Federal land, when such transfer,
13 acquisition or acceptance is advantageous to the State and is
14 approved in writing by the Governor.
15 13. With the written approval of the Governor, to enter
16 into agreements with other departments created by this Act,
17 for the furlough of inmates of the penitentiary to such other
18 departments for their use in research programs being
19 conducted by them.
20 For the purpose of participating in such research
21 projects, the Department may extend the limits of any
22 inmate's place of confinement, when there is reasonable cause
23 to believe that the inmate will honor his or her trust by
24 authorizing the inmate, under prescribed conditions, to leave
25 the confines of the place unaccompanied by a custodial agent
26 of the Department. The Department shall make rules governing
27 the transfer of the inmate to the requesting other department
28 having the approved research project, and the return of such
29 inmate to the unextended confines of the penitentiary. Such
30 transfer shall be made only with the consent of the inmate.
31 The willful failure of a prisoner to remain within the
32 extended limits of his or her confinement or to return within
33 the time or manner prescribed to the place of confinement
34 designated by the Department in granting such extension shall
HB1268 Enrolled -139- LRB9000999EGfg
1 be deemed an escape from custody of the Department and
2 punishable as provided in Section 3-6-4 of the Unified Code
3 of Corrections.
4 14. To provide investigative services, with all of the
5 powers possessed by policemen in cities and sheriffs, in and
6 around all race tracks subject to the Horse Racing Act of
7 1975.
8 15. To expend such sums as the Director deems necessary
9 from Contractual Services appropriations for the Division of
10 Criminal Investigation for the purchase of evidence and for
11 the employment of persons to obtain evidence. Such sums shall
12 be advanced to agents authorized by the Director to expend
13 funds, on vouchers signed by the Director.
14 16. To assist victims and witnesses in gang crime
15 prosecutions through the administration of funds appropriated
16 from the Gang Violence Victims and Witnesses Fund to the
17 Department. Such funds shall be appropriated to the
18 Department and shall only be used to assist victims and
19 witnesses in gang crime prosecutions and such assistance may
20 include any of the following:
21 (a) temporary living costs;
22 (b) moving expenses;
23 (c) closing costs on the sale of private residence;
24 (d) first month's rent;
25 (e) security deposits;
26 (f) apartment location assistance;
27 (g) other expenses which the Department considers
28 appropriate; and
29 (h) compensation for any loss of or injury to real
30 or personal property resulting from a gang crime to a
31 maximum of $5,000, subject to the following provisions:
32 (1) in the case of loss of property, the
33 amount of compensation shall be measured by the
34 replacement cost of similar or like property which
HB1268 Enrolled -140- LRB9000999EGfg
1 has been incurred by and which is substantiated by
2 the property owner,
3 (2) in the case of injury to property, the
4 amount of compensation shall be measured by the cost
5 of repair incurred and which can be substantiated by
6 the property owner,
7 (3) compensation under this provision is a
8 secondary source of compensation and shall be
9 reduced by any amount the property owner receives
10 from any other source as compensation for the loss
11 or injury, including, but not limited to, personal
12 insurance coverage,
13 (4) no compensation may be awarded if the
14 property owner was an offender or an accomplice of
15 the offender, or if the award would unjustly benefit
16 the offender or offenders, or an accomplice of the
17 offender or offenders.
18 No victim or witness may receive such assistance if he or
19 she is not a part of or fails to fully cooperate in the
20 prosecution of gang crime members by law enforcement
21 authorities.
22 The Department shall promulgate any rules necessary for
23 the implementation of this amendatory Act of 1985.
24 17. To conduct arson investigations.
25 18. To develop a separate statewide statistical police
26 contact record keeping system for the study of juvenile
27 delinquency. The records of this police contact system shall
28 be limited to statistical information. No individually
29 identifiable information shall be maintained in the police
30 contact statistical record system.
31 19. To develop a separate statewide central adjudicatory
32 and dispositional records system for persons under 19 years
33 of age who have been adjudicated delinquent minors and to
34 make information available to local registered participating
HB1268 Enrolled -141- LRB9000999EGfg
1 police youth officers so that police youth officers will be
2 able to obtain rapid access to the juvenile's background from
3 other jurisdictions to the end that the police youth officers
4 can make appropriate dispositions which will best serve the
5 interest of the child and the community. Information
6 maintained in the adjudicatory and dispositional record
7 system shall be limited to the incidents or offenses for
8 which the minor was adjudicated delinquent by a court, and a
9 copy of the court's dispositional order. All individually
10 identifiable records in the adjudicatory and dispositional
11 records system shall be destroyed when the person reaches 19
12 years of age.
13 20. To develop rules which guarantee the confidentiality
14 of such individually identifiable adjudicatory and
15 dispositional records except when used for the following:
16 (a) by authorized juvenile court personnel or the
17 State's Attorney in connection with proceedings under the
18 Juvenile Court Act of 1987; or
19 (b) inquiries from registered police youth
20 officers.
21 For the purposes of this Act "police youth officer" means
22 a member of a duly organized State, county or municipal
23 police force who is assigned by his or her Superintendent,
24 Sheriff or chief of police, as the case may be, to specialize
25 in youth problems.
26 21. To develop administrative rules and administrative
27 hearing procedures which allow a minor, his or her attorney,
28 and his or her parents or guardian access to individually
29 identifiable adjudicatory and dispositional records for the
30 purpose of determining or challenging the accuracy of the
31 records. Final administrative decisions shall be subject to
32 the provisions of the Administrative Review Law.
33 22. To charge, collect, and receive fees or moneys
34 equivalent to the cost of providing Department of State
HB1268 Enrolled -142- LRB9000999EGfg
1 Police personnel, equipment, and services to local
2 governmental agencies when explicitly requested by a local
3 governmental agency and pursuant to an intergovernmental
4 agreement as provided by this Section, other State agencies,
5 and federal agencies, including but not limited to fees or
6 moneys equivalent to the cost of providing dispatching
7 services, radio and radar repair, and training to local
8 governmental agencies on such terms and conditions as in the
9 judgment of the Director are in the best interest of the
10 State; and to establish, charge, collect and receive fees or
11 moneys based on the cost of providing responses to requests
12 for criminal history record information pursuant to positive
13 identification and any Illinois or federal law authorizing
14 access to some aspect of such information and to prescribe
15 the form and manner for requesting and furnishing such
16 information to the requestor on such terms and conditions as
17 in the judgment of the Director are in the best interest of
18 the State, provided fees for requesting and furnishing
19 criminal history record information may be waived for
20 requests in the due administration of the criminal laws. The
21 Department may also charge, collect and receive fees or
22 moneys equivalent to the cost of providing electronic data
23 processing lines or related telecommunication services to
24 local governments, but only when such services can be
25 provided by the Department at a cost less than that
26 experienced by said local governments through other means.
27 All services provided by the Department shall be conducted
28 pursuant to contracts in accordance with the
29 Intergovernmental Cooperation Act, and all telecommunication
30 services shall be provided pursuant to the provisions of
31 Section 67.18 of this Code.
32 All fees received by the Department of State Police under
33 this Act or the Illinois Uniform Conviction Information Act
34 shall be deposited in a special fund in the State Treasury to
HB1268 Enrolled -143- LRB9000999EGfg
1 be known as the State Police Services Fund. The money
2 deposited in the State Police Services Fund shall be
3 appropriated to the Department of State Police for expenses
4 of the Department of State Police.
5 Upon the completion of any audit of the Department of
6 State Police as prescribed by the Illinois State Auditing
7 Act, which audit includes an audit of the State Police
8 Services Fund, the Department of State Police shall make the
9 audit open to inspection by any interested person.
10 23. To exercise the powers and perform the duties which
11 have been vested in the Department of State Police by the
12 Intergovernmental Missing Child Recovery Act of 1984, and to
13 establish reasonable rules and regulations necessitated
14 thereby.
15 24. (a) To establish and maintain a statewide Law
16 Enforcement Agencies Data System (LEADS) for the purpose of
17 providing electronic access by authorized entities to
18 criminal justice data repositories and effecting an immediate
19 law enforcement response to reports of missing persons,
20 including lost, missing or runaway minors. The Department
21 shall implement an automatic data exchange system to compile,
22 to maintain and to make available to other law enforcement
23 agencies for immediate dissemination data which can assist
24 appropriate agencies in recovering missing persons and
25 provide access by authorized entities to various data
26 repositories available through LEADS for criminal justice and
27 related purposes. To help assist the Department in this
28 effort, funds may be appropriated from the LEADS Maintenance
29 Fund.
30 (b) In exercising its duties under this subsection, the
31 Department shall:
32 (1) provide a uniform reporting format for the
33 entry of pertinent information regarding the report of a
34 missing person into LEADS;
HB1268 Enrolled -144- LRB9000999EGfg
1 (2) develop and implement a policy whereby a
2 statewide or regional alert would be used in situations
3 relating to the disappearances of individuals, based on
4 criteria and in a format established by the Department.
5 Such a format shall include, but not be limited to, the
6 age of the missing person and the suspected circumstance
7 of the disappearance;
8 (3) notify all law enforcement agencies that
9 reports of missing persons shall be entered as soon as
10 the minimum level of data specified by the Department is
11 available to the reporting agency, and that no waiting
12 period for the entry of such data exists;
13 (4) compile and retain information regarding lost,
14 abducted, missing or runaway minors in a separate data
15 file, in a manner that allows such information to be used
16 by law enforcement and other agencies deemed appropriate
17 by the Director, for investigative purposes. Such
18 information shall include the disposition of all reported
19 lost, abducted, missing or runaway minor cases;
20 (5) compile and maintain an historic data
21 repository relating to lost, abducted, missing or runaway
22 minors and other missing persons in order to develop and
23 improve techniques utilized by law enforcement agencies
24 when responding to reports of missing persons; and
25 (6) create a quality control program regarding
26 confirmation of missing person data, timeliness of
27 entries of missing person reports into LEADS and
28 performance audits of all entering agencies.
29 25. On request of a school board or regional
30 superintendent of schools, to conduct an inquiry pursuant to
31 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
32 an applicant for employment in a school district has been
33 convicted of any criminal or drug offenses enumerated in
34 Section 10-21.9 or 34-18.5 of the School Code. The
HB1268 Enrolled -145- LRB9000999EGfg
1 Department shall furnish such conviction information to the
2 President of the school board of the school district which
3 has requested the information, or if the information was
4 requested by the regional superintendent to that regional
5 superintendent.
6 26. To promulgate rules and regulations necessary for
7 the administration and enforcement of its powers and duties,
8 wherever granted and imposed, pursuant to the Illinois
9 Administrative Procedure Act.
10 27. To (a) promulgate rules pertaining to the
11 certification, revocation of certification and training of
12 law enforcement officers as electronic criminal surveillance
13 officers, (b) provide training and technical assistance to
14 State's Attorneys and local law enforcement agencies
15 pertaining to the interception of private oral
16 communications, (c) promulgate rules necessary for the
17 administration of Article 108B of the Code of Criminal
18 Procedure of 1963, including but not limited to standards for
19 recording and minimization of electronic criminal
20 surveillance intercepts, documentation required to be
21 maintained during an intercept, procedures in relation to
22 evidence developed by an intercept, and (d) charge a
23 reasonable fee to each law enforcement agency that sends
24 officers to receive training as electronic criminal
25 surveillance officers.
26 28. Upon the request of any private organization which
27 devotes a major portion of its time to the provision of
28 recreational, social, educational or child safety services to
29 children, to conduct, pursuant to positive identification,
30 criminal background investigations of all of that
31 organization's current employees, current volunteers,
32 prospective employees or prospective volunteers charged with
33 the care and custody of children during the provision of the
34 organization's services, and to report to the requesting
HB1268 Enrolled -146- LRB9000999EGfg
1 organization any record of convictions maintained in the
2 Department's files about such persons. The Department shall
3 charge an application fee, based on actual costs, for the
4 dissemination of conviction information pursuant to this
5 subsection. The Department is empowered to establish this
6 fee and shall prescribe the form and manner for requesting
7 and furnishing conviction information pursuant to this
8 subsection. Information received by the organization from the
9 Department concerning an individual shall be provided to such
10 individual. Any such information obtained by the
11 organization shall be confidential and may not be transmitted
12 outside the organization and may not be transmitted to anyone
13 within the organization except as needed for the purpose of
14 evaluating the individual. Only information and standards
15 which bear a reasonable and rational relation to the
16 performance of child care shall be used by the organization.
17 Any employee of the Department or any member, employee or
18 volunteer of the organization receiving confidential
19 information under this subsection who gives or causes to be
20 given any confidential information concerning any criminal
21 convictions of an individual shall be guilty of a Class A
22 misdemeanor unless release of such information is authorized
23 by this subsection.
24 29. Upon the request of the Department of Children and
25 Family Services, to investigate reports of child abuse or
26 neglect.
27 30. To obtain registration of a fictitious vital record
28 pursuant to Section 15.1 of the Vital Records Act.
29 31. To collect and disseminate information relating to
30 "hate crimes" as defined under Section 12-7.1 of the Criminal
31 Code of 1961 contingent upon the availability of State or
32 Federal funds to revise and upgrade the Illinois Uniform
33 Crime Reporting System. All law enforcement agencies shall
34 report monthly to the Department of State Police concerning
HB1268 Enrolled -147- LRB9000999EGfg
1 such offenses in such form and in such manner as may be
2 prescribed by rules and regulations adopted by the Department
3 of State Police. Such information shall be compiled by the
4 Department and be disseminated upon request to any local law
5 enforcement agency, unit of local government, or state
6 agency. Dissemination of such information shall be subject
7 to all confidentiality requirements otherwise imposed by law.
8 The Department of State Police shall provide training for
9 State Police officers in identifying, responding to, and
10 reporting all hate crimes. The Illinois Local Governmental
11 Law Enforcement Officer's Training Board shall develop and
12 certify a course of such training to be made available to
13 local law enforcement officers.
14 32. Upon the request of a private carrier company that
15 provides transportation under Section 28b of the Metropolitan
16 Transit Authority Act, to ascertain if an applicant for a
17 driver position has been convicted of any criminal or drug
18 offense enumerated in Section 28b of the Metropolitan Transit
19 Authority Act. The Department shall furnish the conviction
20 information to the private carrier company that requested the
21 information.
22 33. To apply for grants or contracts, receive, expend,
23 allocate, or disburse funds and moneys made available by
24 public or private entities, including, but not limited to,
25 contracts, bequests, grants, or receiving equipment from
26 corporations, foundations, or public or private institutions
27 of higher learning. All funds received by the Department
28 from these sources shall be deposited into the appropriate
29 fund in the State Treasury to be appropriated to the
30 Department for purposes as indicated by the grantor or
31 contractor or, in the case of funds or moneys bequeathed or
32 granted for no specific purpose, for any purpose as deemed
33 appropriate by the Director in administering the
34 responsibilities of the Department.
HB1268 Enrolled -148- LRB9000999EGfg
1 34. Upon the request of the Department of Children and
2 Family Services, the Department of State Police shall provide
3 properly designated employees of the Department of Children
4 and Family Services with criminal history record information
5 as defined in the Illinois Uniform Conviction Information Act
6 and information maintained in the adjudicatory and
7 dispositional record system as defined in subdivision (A)19
8 of this Section if the Department of Children and Family
9 Services determines the information is necessary to perform
10 its duties under the Abused and Neglected Child Reporting
11 Act, the Child Care Act of 1969, and the Children and Family
12 Services Act. The request shall be in the form and manner
13 specified by the Department of State Police.
14 35. The Illinois Department of Public Aid is an
15 authorized entity under this Section for the purpose of
16 obtaining access to various data repositories available
17 through LEADS, to facilitate the location of individuals for
18 establishing paternity, and establishing, modifying, and
19 enforcing child support obligations, pursuant to the Illinois
20 Public Aid Code and Title IV, Part D of the Social Security
21 Act. The Department shall enter into an agreement with the
22 Illinois Department of Public Aid consistent with these
23 purposes.
24 (B) The Department of State Police may establish and
25 maintain, within the Department of State Police, a Statewide
26 Organized Criminal Gang Database (SWORD) for the purpose of
27 tracking organized criminal gangs and their memberships.
28 Information in the database may include, but not be limited
29 to, the name, last known address, birth date, physical
30 descriptions (such as scars, marks, or tattoos), officer
31 safety information, organized gang affiliation, and entering
32 agency identifier. The Department may develop, in
33 consultation with the Criminal Justice Information Authority,
34 and in a form and manner prescribed by the Department, an
HB1268 Enrolled -149- LRB9000999EGfg
1 automated data exchange system to compile, to maintain, and
2 to make this information electronically available to
3 prosecutors and to other law enforcement agencies. The
4 information may be used by authorized agencies to combat the
5 operations of organized criminal gangs statewide.
6 (C) The Department of State Police may ascertain the
7 number of bilingual police officers and other personnel
8 needed to provide services in a language other than English
9 and may establish, under applicable personnel rules and
10 Department guidelines or through a collective bargaining
11 agreement, a bilingual pay supplement program.
12 35. The Illinois Department of Public Aid is an
13 authorized entity under this Section for the purpose of
14 obtaining access to various data repositories available
15 through LEADS, to facilitate the location of individuals for
16 establishing paternity, and establishing, modifying, and
17 enforcing child support obligations, pursuant to the Public
18 Aid Code and Title IV, Section D of the Social Security Act.
19 The Department shall enter into an agreement with the
20 Illinois Department of Public Aid consistent with these
21 purposes.
22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
23 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
24 Section 33. The Department of Veterans Affairs Act is
25 amended by changing Section 2 as follows:
26 (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
27 Sec. 2. Powers and duties. The Department shall have
28 the following powers and duties:
29 To perform such acts at the request of any veteran, or
30 his or her spouse, surviving spouse or dependents as shall be
31 reasonably necessary or reasonably incident to obtaining or
32 endeavoring to obtain for the requester any advantage,
HB1268 Enrolled -150- LRB9000999EGfg
1 benefit or emolument accruing or due to such person under any
2 law of the United States, the State of Illinois or any other
3 state or governmental agency by reason of the service of such
4 veteran, and in pursuance thereof shall:
5 1. Contact veterans, their survivors and dependents
6 and advise them of the benefits of state and federal laws
7 and assist them in obtaining such benefits;
8 2. Establish field offices and direct the
9 activities of the personnel assigned to such offices;
10 3. Create a volunteer field force of accredited
11 representatives, representing educational institutions,
12 labor organizations, veterans organizations, employers,
13 churches, and farm organizations;
14 4. Conduct informational and training services;
15 5. Conduct educational programs through newspapers,
16 periodicals and radio for the specific purpose of
17 disseminating information affecting veterans and their
18 dependents;
19 6. Coordinate the services and activities of all
20 state departments having services and resources affecting
21 veterans and their dependents;
22 7. Encourage and assist in the coordination of
23 agencies within counties giving service to veterans and
24 their dependents;
25 8. Cooperate with veterans organizations and other
26 governmental agencies;
27 9. Make, alter, amend and promulgate reasonable
28 rules and procedures for the administration of this Act;
29 and
30 10. Make and publish annual reports to the Governor
31 regarding the administration and general operation of the
32 Department.
33 11. Encourage the State to implement more programs
34 to address the wide range of issues faced by Persian Gulf
HB1268 Enrolled -151- LRB9000999EGfg
1 War Veterans, especially those who took part in combat,
2 by creating an official commission to further study
3 Persian Gulf War Diseases. The commission shall consist
4 of 9 members appointed as follows: the Speaker and
5 Minority Leader of the House of Representatives and the
6 President and Minority Leader of the Senate shall each
7 appoint one member from the General Assembly, the
8 Governor shall appoint 4 members to represent veterans'
9 organizations, and the Department shall appoint one
10 member. The commission members shall serve without
11 compensation.
12 The Department may accept and hold on behalf of the
13 State, if for the public interest, a grant, gift, devise or
14 bequest of money or property to the Department made for the
15 general benefit of Illinois veterans, including the conduct
16 of informational and training services by the Department and
17 other authorized purposes of the Department. The Department
18 shall cause each grant, gift, devise or bequest to be kept as
19 a distinct fund and shall invest such funds in the manner
20 provided by the Public Funds Investment Act, as now or
21 hereafter amended, and shall make such reports as may be
22 required by the Comptroller concerning what funds are so held
23 and the manner in which such funds are invested. The
24 Department may make grants from these funds for the general
25 benefit of Illinois veterans. Grants from these funds,
26 except for the funds established under Sections 2.01a and
27 2.03, shall be subject to appropriation.
28 (Source: P.A. 90-142, eff. 1-1-98; 90-168, eff. 7-23-97;
29 revised 11-13-97.)
30 Section 34. The Capital Development Board Act is amended
31 by changing Section 14 as follows:
32 (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
HB1268 Enrolled -152- LRB9000999EGfg
1 Sec. 14. (a) It is the purpose of this Act to provide
2 for the promotion and preservation of the arts by securing
3 suitable works of art for the adornment of public buildings
4 constructed or subjected to major renovation by the State or
5 which utilize State funds, and thereby reflecting our
6 cultural heritage, with emphasis on the works of Illinois
7 artists.
8 (b) As used in this Act: "Works of art" shall apply to
9 and include paintings, prints, sculptures, graphics, mural
10 decorations, stained glass, statues statutes, bas reliefs,
11 ornaments, fountains, ornamental gateways, or other creative
12 works which reflect form, beauty and aesthetic perceptions.
13 (c) Beginning with the fiscal year ending June 30, 1979,
14 and for each succeeding fiscal year thereafter, the Capital
15 Development Board shall set aside 1/2 of 1 percent of the
16 amount authorized and appropriated for construction or
17 reconstruction of each public building financed in whole or
18 in part by State funds and generally accessible to and used
19 by the public for purchase and placement of suitable works of
20 art in such public buildings. The location and character of
21 the work or works of art to be installed in such public
22 buildings shall be determined by the designing architect,
23 provided, however, that the work or works of art shall be in
24 a permanent and prominent location.
25 (d) There is created a Fine Arts Review Committee
26 consisting of the designing architect, the Chairman of the
27 Illinois Arts Council or his designee, the Director of the
28 Illinois State Museum or his designee, and three persons from
29 the area in which the project is to be located who are
30 familiar with the local area and are knowledgeable in matters
31 of art. Of the three local members, two shall be selected by
32 the County Board to the County in which the project is
33 located and one shall be selected by the Mayor or other chief
34 executive officer of the municipality in which the project is
HB1268 Enrolled -153- LRB9000999EGfg
1 located. The Committee, after such study as it deems
2 necessary, shall recommend three artists or works of art in
3 order of preference, to the Capital Development Board. The
4 Board will make the final selection from among the
5 recommendations submitted to it.
6 (e) There is created a Public Arts Advisory Committee
7 whose function is to advise the Capital Development Board and
8 the Fine Arts Review Committee on various technical and
9 aesthetic perceptions that may be utilized in the creation or
10 major renovation of public buildings. The Public Arts
11 Advisory Committee shall consist of 12 members who shall
12 serve for terms of 2 years ending on June 30 of odd numbered
13 years, except the first appointees to the Committee shall
14 serve for a term ending June 30, 1979. The Public Arts
15 Advisory Committee shall meet four times each fiscal year.
16 Four members shall be appointed by the Governor; four shall
17 be chosen by the Senate, two of whom shall be chosen by the
18 President, two by the minority leader; and four shall be
19 appointed by the House of Representatives, two of whom shall
20 be chosen by the Speaker and two by the minority leader.
21 There shall also be a Chairman who shall be chosen from the
22 committee members by the majority vote of that Committee.
23 (f) All necessary expenses of the Public Arts Advisory
24 Committee and the Fine Arts Review Committee shall be paid by
25 the Capital Development Board.
26 (Source: P.A. 80-241; revised 12-18-97.)
27 Section 35. The Illinois Health Facilities Authority Act
28 is amended by changing Section 17 as follows:
29 (20 ILCS 3705/17) (from Ch. 111 1/2, par. 1117)
30 Sec. 17. Refunding bonds.
31 (a) The Authority is authorized to provide for the
32 issuance of bonds of the Authority for the purpose of
HB1268 Enrolled -154- LRB9000999EGfg
1 refunding any bonds of the Authority then outstanding,
2 including the payment of any redemption premium thereon and
3 any interest accrued or to accrue to the earliest or any
4 subsequent date of redemption, purchase or maturity of os
5 such bonds, and, if deemed advisable by the Authority, for
6 the additional purpose of paying all or any part of the cost
7 of construction and acquiring additions, improvements,
8 extensions or enlargements of a project or any portion
9 thereof, or any health facilities of which it is a part;,
10 provided, however, that no such bonds shall be issued unless
11 the Authority shall have first entered into a new or amended
12 lease with, or shall have received a new or amended
13 agreement, note not, mortgage or other security from or on
14 behalf of, a participating health institution, which shall
15 provide for the payment of revenues adequate to satisfy the
16 requirements of Section 14 of this Act.
17 (b) The proceeds of any such bonds issued for the
18 purpose of refunding outstanding bonds, in the discretion of
19 the Authority, may be applied to the purchase or retirement
20 at maturity or redemption of such outstanding bonds either on
21 their earliest or any subsequent redemption date or upon the
22 purchase or at the maturity thereof, may be applied to pay
23 interest or principal on such refunding bonds or outstanding
24 bonds pending application to such purchase, retirement or
25 redemption or if no such application is made and may, pending
26 such application, be placed in escrow to be applied to such
27 purchase or retirement at maturity or redemption on such date
28 as may be determined by the Authority.
29 (c) Any such escrowed proceeds, pending such use, may be
30 invested and reinvested in direct obligations of, or
31 obligations, the principal and interest of which are
32 guaranteed by, the United States of America, in evidences of
33 a direct ownership interest in amounts payable upon any of
34 the foregoing obligations, in obligations issued or
HB1268 Enrolled -155- LRB9000999EGfg
1 guaranteed by any agency or instrumentality of the United
2 States of America, in certificates of deposit of, and time
3 deposits in, any bank as defined by the Illinois Banking Act,
4 as now or hereafter amended, which certificates and deposits
5 are insured by the Federal Deposit Insurance Corporation,
6 Federal Savings and Loan Insurance Corporation or similar
7 federal agency, if then in existence, or in such obligations
8 or investments as are provided in or permitted by a trust
9 agreement, trust indenture, indenture of mortgage or deed of
10 trust or other agreement to which the Authority is a party
11 and pursuant to which the outstanding bonds to be so refunded
12 were issued or secured, maturing at such time or times as
13 shall be appropriate to assure the prompt payment of the
14 principal of and interest and redemption premium, if any, on
15 the outstanding bonds to be so refunded or the bonds issued
16 to effect such refunding, as the case may be, or of the
17 purchase price thereof. The interest, income and profits, if
18 any, earned or realized on any such investment may also be
19 applied to such payment or purchase. Only after the terms of
20 the escrow have been fully satisfied and carried out, any
21 balance of such proceeds and interest, income and profits, if
22 any, earned or realized on the investments thereof shall be
23 returned to the participating health institution for use by
24 it in any lawful manner.
25 (d) All such bonds shall be subject to this Act in the
26 same manner and to the same extent as other bonds issued
27 pursuant to this Act.
28 (Source: P.A. 85-1173; revised 7-21-97.)
29 Section 36. The Correctional Budget and Impact Note Act
30 is amended by changing Section 5 as follows:
31 (25 ILCS 70/5) (from Ch. 63, par. 42.85)
32 Sec. 5. The note shall be factual in nature, as brief
HB1268 Enrolled -156- LRB9000999EGfg
1 and concise as may be, and shall provide as reliable an
2 estimate, in terms of population and dollar impact, as is
3 possible under the circumstances. The note shall include
4 both the immediate effect, and if determinable or reasonably
5 foreseeable forseeable, the long-range effect of the measure.
6 If, after careful investigation, it is determined that no
7 population or dollar estimate is possible, the note shall
8 contain a statement to that effect, setting forth the reasons
9 why no such estimate can be given. A brief summary or work
10 sheet of computations used in arriving at the Budget and
11 Impact Note figures shall be supplied.
12 (Source: P.A. 83-1031; revised 7-21-97.)
13 Section 37. The State Finance Act is amended by setting
14 forth and renumbering multiple versions of Sections 5.449,
15 5.450, and 5.451 and changing Section 8.25 as follows:
16 (30 ILCS 105/5.449)
17 Sec. 5.449. The Department of Corrections Education
18 Fund.
19 (Source: P.A. 90-9, eff. 7-1-97.)
20 (30 ILCS 105/5.450)
21 Sec. 5.450. The Department of Corrections Reimbursement
22 Fund.
23 (Source: P.A. 90-9, eff. 7-1-97.)
24 (30 ILCS 105/5.451)
25 Sec. 5.451. The State Asset Forfeiture Fund.
26 (Source: P.A. 90-9, eff. 7-1-97.)
27 (30 ILCS 105/5.453)
28 Sec. 5.453. 5.449. The Grape and Wine Resources Fund.
29 (Source: P.A. 90-77, eff. 7-8-97; revised 11-21-97.)
HB1268 Enrolled -157- LRB9000999EGfg
1 (30 ILCS 105/5.454)
2 Sec. 5.454. 5.449. The Industrial Commission Operations
3 Fund.
4 (Source: P.A. 90-109, eff. 1-1-98; revised 11-21-97.)
5 (30 ILCS 105/5.455)
6 Sec. 5.455. 5.449. The Brownfields Redevelopment Fund.
7 (Source: P.A. 90-123, eff. 7-21-97; revised 11-21-97.)
8 (30 ILCS 105/5.456)
9 Sec. 5.456. 5.449. The LEADS Maintenance Fund.
10 (Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
11 (30 ILCS 105/5.457)
12 Sec. 5.457. 5.450. The State Offender DNA Identification
13 System Fund.
14 (Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
15 (30 ILCS 105/5.458)
16 Sec. 5.458. 5.449. The Sex Offender Management Board
17 Fund.
18 (Source: P.A. 90-133, eff. 7-22-97; revised 11-21-97.)
19 (30 ILCS 105/5.459)
20 Sec. 5.459. 5.449. The Mental Health Research Fund.
21 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
22 (30 ILCS 105/5.460)
23 Sec. 5.460. 5.450. The Children's Cancer Fund.
24 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
25 (30 ILCS 105/5.461)
26 Sec. 5.461. 5.451. The American Diabetes Association
27 Fund.
HB1268 Enrolled -158- LRB9000999EGfg
1 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
2 (30 ILCS 105/5.462)
3 Sec. 5.462. 5.449. The Sex Offender Registration Fund.
4 (Source: P.A. 90-193, eff. 7-24-97; revised 11-21-97.)
5 (30 ILCS 105/5.463)
6 Sec. 5.463. 5.449. The Domestic Violence Abuser Services
7 Fund.
8 (Source: P.A. 90-241, eff. 1-1-98; revised 11-21-97.)
9 (30 ILCS 105/5.464)
10 Sec. 5.464. 5.449. Police Training Board Services Fund.
11 (Source: P.A. 90-259, eff. 7-30-97; revised 11-21-97.)
12 (30 ILCS 105/5.465)
13 Sec. 5.465. 5.449. The Off-Highway Vehicle Trails Fund.
14 (Source: P.A. 90-287, eff. 1-1-98; revised 11-21-97.)
15 (30 ILCS 105/5.466)
16 Sec. 5.466. 5.449. The Health Facility Plan Review Fund.
17 (Source: P.A. 90-327, eff. 8-8-97; revised 11-21-97.)
18 (30 ILCS 105/5.467)
19 Sec. 5.467. 5.449. The Elderly Victim Fund.
20 (Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
21 (30 ILCS 105/5.468)
22 Sec. 5.468. 5.450. The Attorney General Court Ordered
23 and Voluntary Compliance Payment Projects Fund.
24 (Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
25 (30 ILCS 105/5.469)
26 Sec. 5.469. 5.449. The School Technology Revolving Fund.
HB1268 Enrolled -159- LRB9000999EGfg
1 (Source: P.A. 90-463, eff. 8-17-97; revised 11-21-97.)
2 (30 ILCS 105/5.470)
3 Sec. 5.470. 5.449. The Temporary Relocation Expenses
4 Revolving Grant Fund.
5 (Source: P.A. 90-464, eff. 8-17-97; revised 11-21-97.)
6 (30 ILCS 105/5.471)
7 Sec. 5.471. 5.449. The Pawnbroker Regulation Fund.
8 (Source: P.A. 90-477, eff. 7-1-98; revised 11-21-97.)
9 (30 ILCS 105/5.472)
10 Sec. 5.472. 5.448. The Drycleaner Environmental Response
11 Trust Fund.
12 (Source: P.A. 90-502, eff. 8-19-97; revised 11-21-97.)
13 (30 ILCS 105/5.473)
14 Sec. 5.473. 5.449. The Illinois and Michigan Canal Fund.
15 (Source: P.A. 90-527, eff. 11-13-97; revised 11-21-97.)
16 (30 ILCS 105/5.474)
17 Sec. 5.474. 5.449. The Do-It-Yourself School Funding
18 Fund.
19 (Source: P.A. 90-553, eff. 6-1-98; revised 11-21-97.)
20 (30 ILCS 105/5.475)
21 Sec. 5.475. 5.449. The Renewable Energy Resources Trust
22 Fund.
23 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
24 (30 ILCS 105/5.476)
25 Sec. 5.476. 5.450. The Energy Efficiency Trust Fund.
26 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
HB1268 Enrolled -160- LRB9000999EGfg
1 (30 ILCS 105/5.477)
2 Sec. 5.477. 5.451. The Supplemental Low-Income Energy
3 Assistance Fund.
4 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
5 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
6 Sec. 8.25. Build Illinois Fund; uses.
7 (A) All moneys in the Build Illinois Fund shall be
8 transferred, appropriated, and used only for the purposes
9 authorized by and subject to the limitations and conditions
10 prescribed by this Section. There are established the
11 following accounts in the Build Illinois Fund: the McCormick
12 Place Account, the Build Illinois Bond Account, the Build
13 Illinois Purposes Account, the Park and Conservation Fund
14 Account, and the Tourism Advertising and Promotion Account.
15 Amounts deposited into the Build Illinois Fund consisting of
16 1.55% before July 1, 1986, and 1.75% on and after July 1,
17 1986, of moneys received by the Department of Revenue under
18 Section 9 of the Use Tax Act, Section 9 of the Service Use
19 Tax Act, Section 9 of the Service Occupation Tax Act, and
20 Section 3 of the Retailers' Occupation Tax Act, and all
21 amounts deposited therein under Section 28 of the Illinois
22 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
23 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
24 Operators' Occupation Tax Act, shall be credited initially to
25 the McCormick Place Account and all other amounts deposited
26 into the Build Illinois Fund shall be credited initially to
27 the Build Illinois Bond Account. Of the amounts initially so
28 credited to the McCormick Place Account in each month, the
29 amount that is to be transferred in that month to the
30 Metropolitan Fair and Exposition Authority Improvement Bond
31 Fund, as provided below, shall remain credited to the
32 McCormick Place Account, and all amounts initially so
33 credited in that month in excess thereof shall next be
HB1268 Enrolled -161- LRB9000999EGfg
1 credited to the Build Illinois Bond Account. Of the amounts
2 credited to the Build Illinois Bond Account in each month,
3 the amount that is to be transferred in that month to the
4 Build Illinois Bond Retirement and Interest Fund, as provided
5 below, shall remain credited to the Build Illinois Bond
6 Account, and all amounts so credited in each month in excess
7 thereof shall next be credited monthly to the other accounts
8 in the following order of priority: first, to the Build
9 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
10 year 1986, 1/9, of the fiscal year amounts authorized to be
11 transferred to the Build Illinois Purposes Fund as provided
12 below plus (b) any cumulative deficiency in those transfers
13 for prior months; second, 1/12 of $10,000,000, plus any
14 cumulative deficiency in those transfers for prior months, to
15 the Park and Conservation Fund Account; and third, to the
16 General Revenue Fund in the State Treasury all amounts that
17 remain in the Build Illinois Fund on the last day of each
18 month and are not credited to any account in that Fund.
19 Transfers from the McCormick Place Account in the Build
20 Illinois Fund shall be made as follows:
21 Beginning with fiscal year 1985 and continuing for each
22 fiscal year thereafter, the Metropolitan Pier and Exposition
23 Authority shall annually certify to the State Comptroller and
24 State Treasurer the amount necessary and required during the
25 fiscal year with respect to which the certification is made
26 to pay the debt service requirements (including amounts to be
27 paid with respect to arrangements to provide additional
28 security or liquidity) on all outstanding bonds and notes,
29 including refunding bonds (herein collectively referred to as
30 bonds) of issues in the aggregate amount (excluding the
31 amount of any refunding bonds issued by that Authority after
32 January 1, 1986) of not more than $312,500,000 issued after
33 July 1, 1984, by that Authority for the purposes specified in
34 Sections 10.1 and 13.1 of the Metropolitan Pier and
HB1268 Enrolled -162- LRB9000999EGfg
1 Exposition Authority Act. In each month of the fiscal year
2 in which there are bonds outstanding with respect to which
3 the annual certification is made, the Comptroller shall order
4 transferred and the Treasurer shall transfer from the
5 McCormick Place Account in the Build Illinois Fund to the
6 Metropolitan Fair and Exposition Authority Improvement Bond
7 Fund an amount equal to 150% of the certified amount for that
8 fiscal year divided by the number of months during that
9 fiscal year in which bonds of the Authority are outstanding,
10 plus any cumulative deficiency in those transfers for prior
11 months; provided, that the maximum amount that may be so
12 transferred in fiscal year 1985 shall not exceed $15,000,000
13 or a lesser sum as is actually necessary and required to pay
14 the debt service requirements for that fiscal year after
15 giving effect to net operating revenues of that Authority
16 available for that purpose as certified by that Authority,
17 and provided further that the maximum amount that may be so
18 transferred in fiscal year 1986 shall not exceed $30,000,000
19 and in each fiscal year thereafter shall not exceed
20 $33,500,000 in any fiscal year or a lesser sum as is actually
21 necessary and required to pay the debt service requirements
22 for that fiscal year after giving effect to net operating
23 revenues of that Authority available for that purpose as
24 certified by that Authority.
25 When an amount equal to 100% of the aggregate amount of
26 principal and interest in each fiscal year with respect to
27 bonds issued after July 1, 1984, that by their terms are
28 payable from the Metropolitan Fair and Exposition Authority
29 Improvement Bond Fund, including under sinking fund
30 requirements, has been so paid and deficiencies in reserves
31 established from bond proceeds shall have been remedied, and
32 at the time that those amounts have been transferred to the
33 Authority as provided in Section 13.1 of the Metropolitan
34 Pier and Exposition Authority Act, the remaining moneys, if
HB1268 Enrolled -163- LRB9000999EGfg
1 any, deposited and to be deposited during each fiscal year to
2 the Metropolitan Fair and Exposition Authority Improvement
3 Bond Fund shall be transferred to the Metropolitan Fair and
4 Exposition Authority Completion Note Subordinate Fund.
5 Transfers from the Build Illinois Bond Account in the
6 Build Illinois Fund shall be made as follows:
7 Beginning with fiscal year 1986 and continuing for each
8 fiscal year thereafter so long as limited obligation bonds of
9 the State issued under the Build Illinois Bond Act remain
10 outstanding, the Comptroller shall order transferred and the
11 Treasurer shall transfer in each month, commencing in
12 October, 1985, on the last day of that month, from the Build
13 Illinois Bond Account to the Build Illinois Bond Retirement
14 and Interest Fund in the State Treasury the amount required
15 to be so transferred in that month under Section 13 of the
16 Build Illinois Bond Act.
17 Transfers from the remaining accounts in the Build
18 Illinois Fund shall be made in the following amounts and in
19 the following order of priority:
20 Beginning with fiscal year 1986 and continuing each
21 fiscal year thereafter, as soon as practicable after the
22 first day of each month, commencing in October, 1985, the
23 Comptroller shall order transferred and the Treasurer shall
24 transfer from the Build Illinois Purposes Account in the
25 Build Illinois Fund to the Build Illinois Purposes Fund
26 1/12th (or in the case of fiscal year 1986 1/9) of the
27 amounts specified below for the following fiscal years:
28 Fiscal Year Amount
29 1986 $35,000,000
30 1987 $45,000,000
31 1988 $50,000,000
32 1989 $55,000,000
33 1990 $55,000,000
34 1991 $50,000,000
HB1268 Enrolled -164- LRB9000999EGfg
1 1992 $16,200,000
2 1993 $16,200,000,
3 plus any cumulative deficiency in those transfers for prior
4 months.
5 As soon as may be practicable after the first day of each
6 month beginning after July 1, 1984, the Comptroller shall
7 order transferred and the Treasurer shall transfer from the
8 Park and Conservation Fund Account in the Build Illinois Fund
9 to the Park and Conservation Fund 1/12 of $10,000,000, plus
10 any cumulative deficiency in those transfers for prior
11 months, for conservation and park purposes as enumerated in
12 Section 63a36 of the Civil Administrative Code of Illinois,
13 and to pay the debt service requirements on all outstanding
14 bonds of an issue in the aggregate amount of not more than
15 $40,000,000 issued after January 1, 1985, by the State of
16 Illinois for the purposes specified in Section 3(c) of the
17 Capital Development Bond Act of 1972, or for the same
18 purposes as specified in any other State general obligation
19 bond Act enacted after November 1, 1984. Transfers from the
20 Park and Conservation Fund to the Capital Development Bond
21 Retirement and Interest Fund to pay those debt service
22 requirements shall be made in accordance with Section 8.25b
23 of this Act.
24 All funds remaining in the Build Illinois Fund on the
25 last day of any month and not credited to any account in that
26 Fund shall be transferred by the State Treasurer to the
27 General Revenue Fund.
28 (B) For the purpose of this Section, "cumulative
29 deficiency" shall include all deficiencies in those transfers
30 that have occurred since July 1, 1984, as specified in
31 subsection (A) of this Section.
32 (C) In addition to any other permitted use of moneys in
33 the Fund, and notwithstanding any restriction on the use of
34 the Fund, moneys in the Park and Conservation Fund may be
HB1268 Enrolled -165- LRB9000999EGfg
1 transferred to the General Revenue Fund as authorized by
2 Public Act 87-14. The General Assembly finds that an excess
3 of moneys existed in the Fund on July 30, 1991, and the
4 Governor's order of July 30, 1991, requesting the Comptroller
5 and Treasurer to transfer an amount from the Fund to the
6 General Revenue Fund is hereby validated.
7 (D) (Blank).
8 (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98;
9 revised 11-18-97.)
10 Section 38. The State Officers and Employees Money
11 Disposition Act is amended by changing Section 2 as follows:
12 (30 ILCS 230/2) (from Ch. 127, par. 171)
13 Sec. 2. Accounts of money received; payment into State
14 treasury.
15 (a) Every officer, board, commission, commissioner,
16 department, institution, arm or agency brought within the
17 provisions of this Act by Section 1 hereof shall keep in
18 proper books a detailed itemized account of all moneys
19 received for or on behalf of the State, showing the date of
20 receipt, the payor, and purpose and amount, and the date and
21 manner of disbursement as hereinafter provided, and, unless a
22 different time of payment is expressly provided by law or by
23 rules or regulations promulgated under subsection (b) of this
24 Section, shall pay into the State treasury the gross amount
25 of money so received on the day of actual physical receipt
26 with respect to any single item of receipt exceeding $10,000,
27 within 24 hours of actual physical receipt with respect to an
28 accumulation of receipts of $10,000 or more, or within 48
29 hours of actual physical receipt with respect to an
30 accumulation of receipts exceeding $500 but less than
31 $10,000, disregarding holidays, Saturdays and Sundays, after
32 the receipt of same, without any deduction on account of
HB1268 Enrolled -166- LRB9000999EGfg
1 salaries, fees, costs, charges, expenses or claims of any
2 description whatever; provided that:
3 (1) the provisions of (i) Section 39b32 of the
4 Civil Administrative Code of Illinois, (ii) approved
5 March 7, 1917, as amended, and the provisions of any
6 specific taxing statute authorizing a claim for credit
7 procedure instead of the actual making of refunds, (iii)
8 and the provisions of Section 505 of the "The Illinois
9 Controlled Substances Act", approved August 16, 1971, as
10 amended, authorizing the Director of State Police to
11 dispose of forfeited property, which includes the sale
12 and disposition of the proceeds of the sale of forfeited
13 property, and the Department of Central Management
14 Services to be reimbursed for costs incurred with the
15 sales of forfeited vehicles, boats or aircraft and to pay
16 to bona fide or innocent purchasers, conditional sales
17 vendors or mortgagees of such vehicles, boats or aircraft
18 their interest in such vehicles, boats or aircraft, and
19 (iv) the provisions of Section 6b-2 of the An Act in
20 relation to State Finance Act, approved June 10, 1919, as
21 amended, establishing procedures for handling cash
22 receipts from the sale of pari-mutuel wagering tickets,
23 shall not be deemed to be in conflict with the
24 requirements of this Section;
25 (2) provided, further that any fees received by the
26 State Registrar of Vital Records pursuant to the Vital
27 Records Act which are insufficient in amount may be
28 returned by the Registrar as provided in that Act;
29 (3) provided, further that any fees received by the
30 Department of Public Health under the Food Handling
31 Regulation Enforcement Act that are submitted for renewal
32 of an expired food service sanitation manager certificate
33 may be returned by the Director as provided in that Act;
34 and
HB1268 Enrolled -167- LRB9000999EGfg
1 (4) provided, further that if the amount of money
2 received does not exceed $500, such money may be retained
3 and need not be paid into the State treasury until the
4 total amount of money so received exceeds $500, or until
5 the next succeeding 1st or 15th day of each month (or
6 until the next business day if these days fall on Sunday
7 or a holiday), whichever is earlier, at which earlier
8 time such money shall be paid into the State treasury,
9 except that if a local bank or savings and loan
10 association account has been authorized by law, any
11 balances shall be paid into the State treasury on Monday
12 of each week if more than $500 is to be deposited in any
13 fund.
14 Single items of receipt exceeding $10,000 received after
15 2 p.m. on a working day may be deemed to have been received
16 on the next working day for purposes of fulfilling the
17 requirement that the item be deposited on the day of actual
18 physical receipt.
19 No money belonging to or left for the use of the State
20 shall be expended or applied except in consequence of an
21 appropriation made by law and upon the warrant of the State
22 Comptroller. However, payments made by the Comptroller to
23 persons by direct deposit need not be made upon the warrant
24 of the Comptroller, but if not made upon a warrant, shall be
25 made in accordance with Section 9.02 of the "State
26 Comptroller Act". All moneys so paid into the State treasury
27 shall, unless required by some statute to be held in the
28 State treasury in a separate or special fund, be covered into
29 the General Revenue Fund in into the State treasury. Moneys
30 received in the form of checks, drafts or similar instruments
31 shall be properly endorsed, if necessary, and delivered to
32 the State Treasurer for collection. The State Treasurer
33 shall remit such collected funds to the depositing officer,
34 board, commission, commissioner, department, institution, arm
HB1268 Enrolled -168- LRB9000999EGfg
1 or agency by Treasurers Draft or through electronic funds
2 transfer. The Said draft or notification of the electronic
3 funds transfer shall be provided to the State Comptroller to
4 allow deposit into the appropriate fund.
5 (b) Different time periods for the payment of public
6 funds into the State treasury or to the State Treasurer, in
7 excess of the periods established in subsection (a) of this
8 Section, but not in excess of 30 days after receipt of such
9 funds, may be established and revised from time to time by
10 rules or regulations promulgated jointly by the State
11 Treasurer and the State Comptroller in accordance with the
12 "The Illinois Administrative Procedure Act", approved
13 September 22, 1975, as amended. The different time periods
14 established by rule or regulation under this subsection may
15 vary according to the nature and amounts of the funds
16 received, the locations at which the funds are received,
17 whether compliance with the deposit requirements specified in
18 subsection (a) of this Section would be cost effective, and
19 such other circumstances and conditions as the promulgating
20 authorities consider to be appropriate. The Treasurer and
21 the Comptroller shall review all such different time periods
22 established pursuant to this subsection every 2 years from
23 the establishment thereof and upon such review, unless it is
24 determined that it is economically unfeasible for the agency
25 to comply with the provisions of subsection (a), shall repeal
26 such different time period.
27 (Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97;
28 revised 11-20-97.)
29 Section 39. The Illinois Coal Technology Development
30 Assistance Act is amended by changing Section 4 as follows:
31 (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
32 Sec. 4. Expenditures from Coal Technology Development
HB1268 Enrolled -169- LRB9000999EGfg
1 Assistance Fund.
2 (a) The contents of the Coal Technology Development
3 Assistance Fund may be expended, subject to appropriation by
4 the General Assembly, in such amounts and at such times as
5 the Department, with the advice and recommendation of the
6 Board, may deem necessary or desirable for the purposes of
7 this Act.
8 (b) The Department shall develop a written plan
9 containing measurable 3-year and 10-year goals and objectives
10 in regard to the funding of coal research and coal
11 demonstration and commercialization projects, and programs
12 designed to preserve and enhance markets for Illinois coal.
13 In developing these goals and objectives, the Department
14 shall consider and determine the appropriate balance for the
15 achievement of near-term and long-term goals and objectives
16 and of ensuring the timely commercial application of
17 cost-effective technologies or energy and chemical production
18 processes or systems utilizing coal. The Department shall
19 develop the initial goals and objectives no later than
20 December 1, 1993, and develop revised goals and objectives no
21 later than July 1 annually thereafter.
22 (c) (Blank).
23 (Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;
24 90-372, eff. 7-1-98; revised 11-18-97.)
25 Section 40. The State Mandates Act is amended by
26 changing Section 8.21 and renumbering Section 8.22 (as added
27 by Public Act 90-4) as follows:
28 (30 ILCS 805/8.21)
29 Sec. 8.21. 8.22. Exempt mandate. Notwithstanding
30 Sections 6 and 8 of this Act, no reimbursement by the State
31 is required for the implementation of any mandate created by
32 Public Act 89-705, 89-718, 90-4, 90-7, 90-27, 9-28, 90-31,
HB1268 Enrolled -170- LRB9000999EGfg
1 90-32, 90-186, 90-204, 90-258, 90-288, 90-350, 90-448,
2 90-460, 90-497, 90-511, 90-524, 90-531, 90-535, or 90-551
3 this amendatory Act of 1997 (House Bill 66 of the 90th
4 General Assembly) or by House Bill 165 of the 90th General
5 Assembly.
6 (Source: P.A. 89-683, eff. 6-1-97 (repealed by P.A. 90-6,
7 eff. 6-3-97); 89-705, eff. 1-31-97; 89-718, eff. 3-7-97;
8 90-4, eff. 3-7-97; 90-7, eff. 6-10-97; 90-27, eff. 1-1-98;
9 90-31, eff. 6-27-97; 90-32, eff. 6-27-97; 90-186, eff.
10 7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288,
11 eff. 8-1-97; 90-350, eff, 1-1-98; 90-448, eff. 8-16-97;
12 90-460, eff. 8-17-97; 90-497, eff. 8-18-97; 90-511, eff.
13 8-22-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98; 90-535,
14 eff. 11-14-97; 90-551, eff. 12-12-97; revised 1-9-98.)
15 Section 41. The Illinois Income Tax Act is amended by
16 changing Sections 201 and 901 as follows:
17 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
18 Sec. 201. Tax Imposed.
19 (a) In general. A tax measured by net income is hereby
20 imposed on every individual, corporation, trust and estate
21 for each taxable year ending after July 31, 1969 on the
22 privilege of earning or receiving income in or as a resident
23 of this State. Such tax shall be in addition to all other
24 occupation or privilege taxes imposed by this State or by any
25 municipal corporation or political subdivision thereof.
26 (b) Rates. The tax imposed by subsection (a) of this
27 Section shall be determined as follows:
28 (1) In the case of an individual, trust or estate,
29 for taxable years ending prior to July 1, 1989, an amount
30 equal to 2 1/2% of the taxpayer's net income for the
31 taxable year.
32 (2) In the case of an individual, trust or estate,
HB1268 Enrolled -171- LRB9000999EGfg
1 for taxable years beginning prior to July 1, 1989 and
2 ending after June 30, 1989, an amount equal to the sum of
3 (i) 2 1/2% of the taxpayer's net income for the period
4 prior to July 1, 1989, as calculated under Section 202.3,
5 and (ii) 3% of the taxpayer's net income for the period
6 after June 30, 1989, as calculated under Section 202.3.
7 (3) In the case of an individual, trust or estate,
8 for taxable years beginning after June 30, 1989, an
9 amount equal to 3% of the taxpayer's net income for the
10 taxable year.
11 (4) (Blank).
12 (5) (Blank).
13 (6) In the case of a corporation, for taxable years
14 ending prior to July 1, 1989, an amount equal to 4% of
15 the taxpayer's net income for the taxable year.
16 (7) In the case of a corporation, for taxable years
17 beginning prior to July 1, 1989 and ending after June 30,
18 1989, an amount equal to the sum of (i) 4% of the
19 taxpayer's net income for the period prior to July 1,
20 1989, as calculated under Section 202.3, and (ii) 4.8% of
21 the taxpayer's net income for the period after June 30,
22 1989, as calculated under Section 202.3.
23 (8) In the case of a corporation, for taxable years
24 beginning after June 30, 1989, an amount equal to 4.8% of
25 the taxpayer's net income for the taxable year.
26 (c) Beginning on July 1, 1979 and thereafter, in
27 addition to such income tax, there is also hereby imposed the
28 Personal Property Tax Replacement Income Tax measured by net
29 income on every corporation (including Subchapter S
30 corporations), partnership and trust, for each taxable year
31 ending after June 30, 1979. Such taxes are imposed on the
32 privilege of earning or receiving income in or as a resident
33 of this State. The Personal Property Tax Replacement Income
34 Tax shall be in addition to the income tax imposed by
HB1268 Enrolled -172- LRB9000999EGfg
1 subsections (a) and (b) of this Section and in addition to
2 all other occupation or privilege taxes imposed by this State
3 or by any municipal corporation or political subdivision
4 thereof.
5 (d) Additional Personal Property Tax Replacement Income
6 Tax Rates. The personal property tax replacement income tax
7 imposed by this subsection and subsection (c) of this Section
8 in the case of a corporation, other than a Subchapter S
9 corporation, shall be an additional amount equal to 2.85% of
10 such taxpayer's net income for the taxable year, except that
11 beginning on January 1, 1981, and thereafter, the rate of
12 2.85% specified in this subsection shall be reduced to 2.5%,
13 and in the case of a partnership, trust or a Subchapter S
14 corporation shall be an additional amount equal to 1.5% of
15 such taxpayer's net income for the taxable year.
16 (e) Investment credit. A taxpayer shall be allowed a
17 credit against the Personal Property Tax Replacement Income
18 Tax for investment in qualified property.
19 (1) A taxpayer shall be allowed a credit equal to
20 .5% of the basis of qualified property placed in service
21 during the taxable year, provided such property is placed
22 in service on or after July 1, 1984. There shall be
23 allowed an additional credit equal to .5% of the basis of
24 qualified property placed in service during the taxable
25 year, provided such property is placed in service on or
26 after July 1, 1986, and the taxpayer's base employment
27 within Illinois has increased by 1% or more over the
28 preceding year as determined by the taxpayer's employment
29 records filed with the Illinois Department of Employment
30 Security. Taxpayers who are new to Illinois shall be
31 deemed to have met the 1% growth in base employment for
32 the first year in which they file employment records with
33 the Illinois Department of Employment Security. The
34 provisions added to this Section by Public Act 85-1200
HB1268 Enrolled -173- LRB9000999EGfg
1 (and restored by Public Act 87-895) shall be construed as
2 declaratory of existing law and not as a new enactment.
3 If, in any year, the increase in base employment within
4 Illinois over the preceding year is less than 1%, the
5 additional credit shall be limited to that percentage
6 times a fraction, the numerator of which is .5% and the
7 denominator of which is 1%, but shall not exceed .5%.
8 The investment credit shall not be allowed to the extent
9 that it would reduce a taxpayer's liability in any tax
10 year below zero, nor may any credit for qualified
11 property be allowed for any year other than the year in
12 which the property was placed in service in Illinois. For
13 tax years ending on or after December 31, 1987, and on or
14 before December 31, 1988, the credit shall be allowed for
15 the tax year in which the property is placed in service,
16 or, if the amount of the credit exceeds the tax liability
17 for that year, whether it exceeds the original liability
18 or the liability as later amended, such excess may be
19 carried forward and applied to the tax liability of the 5
20 taxable years following the excess credit years if the
21 taxpayer (i) makes investments which cause the creation
22 of a minimum of 2,000 full-time equivalent jobs in
23 Illinois, (ii) is located in an enterprise zone
24 established pursuant to the Illinois Enterprise Zone Act
25 and (iii) is certified by the Department of Commerce and
26 Community Affairs as complying with the requirements
27 specified in clause (i) and (ii) by July 1, 1986. The
28 Department of Commerce and Community Affairs shall notify
29 the Department of Revenue of all such certifications
30 immediately. For tax years ending after December 31,
31 1988, the credit shall be allowed for the tax year in
32 which the property is placed in service, or, if the
33 amount of the credit exceeds the tax liability for that
34 year, whether it exceeds the original liability or the
HB1268 Enrolled -174- LRB9000999EGfg
1 liability as later amended, such excess may be carried
2 forward and applied to the tax liability of the 5 taxable
3 years following the excess credit years. The credit shall
4 be applied to the earliest year for which there is a
5 liability. If there is credit from more than one tax year
6 that is available to offset a liability, earlier credit
7 shall be applied first.
8 (2) The term "qualified property" means property
9 which:
10 (A) is tangible, whether new or used,
11 including buildings and structural components of
12 buildings and signs that are real property, but not
13 including land or improvements to real property that
14 are not a structural component of a building such as
15 landscaping, sewer lines, local access roads,
16 fencing, parking lots, and other appurtenances;
17 (B) is depreciable pursuant to Section 167 of
18 the Internal Revenue Code, except that "3-year
19 property" as defined in Section 168(c)(2)(A) of that
20 Code is not eligible for the credit provided by this
21 subsection (e);
22 (C) is acquired by purchase as defined in
23 Section 179(d) of the Internal Revenue Code;
24 (D) is used in Illinois by a taxpayer who is
25 primarily engaged in manufacturing, or in mining
26 coal or fluorite, or in retailing; and
27 (E) has not previously been used in Illinois
28 in such a manner and by such a person as would
29 qualify for the credit provided by this subsection
30 (e) or subsection (f).
31 (3) For purposes of this subsection (e),
32 "manufacturing" means the material staging and production
33 of tangible personal property by procedures commonly
34 regarded as manufacturing, processing, fabrication, or
HB1268 Enrolled -175- LRB9000999EGfg
1 assembling which changes some existing material into new
2 shapes, new qualities, or new combinations. For purposes
3 of this subsection (e) the term "mining" shall have the
4 same meaning as the term "mining" in Section 613(c) of
5 the Internal Revenue Code. For purposes of this
6 subsection (e), the term "retailing" means the sale of
7 tangible personal property or services rendered in
8 conjunction with the sale of tangible consumer goods or
9 commodities.
10 (4) The basis of qualified property shall be the
11 basis used to compute the depreciation deduction for
12 federal income tax purposes.
13 (5) If the basis of the property for federal income
14 tax depreciation purposes is increased after it has been
15 placed in service in Illinois by the taxpayer, the amount
16 of such increase shall be deemed property placed in
17 service on the date of such increase in basis.
18 (6) The term "placed in service" shall have the
19 same meaning as under Section 46 of the Internal Revenue
20 Code.
21 (7) If during any taxable year, any property ceases
22 to be qualified property in the hands of the taxpayer
23 within 48 months after being placed in service, or the
24 situs of any qualified property is moved outside Illinois
25 within 48 months after being placed in service, the
26 Personal Property Tax Replacement Income Tax for such
27 taxable year shall be increased. Such increase shall be
28 determined by (i) recomputing the investment credit which
29 would have been allowed for the year in which credit for
30 such property was originally allowed by eliminating such
31 property from such computation and, (ii) subtracting such
32 recomputed credit from the amount of credit previously
33 allowed. For the purposes of this paragraph (7), a
34 reduction of the basis of qualified property resulting
HB1268 Enrolled -176- LRB9000999EGfg
1 from a redetermination of the purchase price shall be
2 deemed a disposition of qualified property to the extent
3 of such reduction.
4 (8) Unless the investment credit is extended by
5 law, the basis of qualified property shall not include
6 costs incurred after December 31, 2003, except for costs
7 incurred pursuant to a binding contract entered into on
8 or before December 31, 2003.
9 (9) Each taxable year, a partnership may elect to
10 pass through to its partners the credits to which the
11 partnership is entitled under this subsection (e) for the
12 taxable year. A partner may use the credit allocated to
13 him or her under this paragraph only against the tax
14 imposed in subsections (c) and (d) of this Section. If
15 the partnership makes that election, those credits shall
16 be allocated among the partners in the partnership in
17 accordance with the rules set forth in Section 704(b) of
18 the Internal Revenue Code, and the rules promulgated
19 under that Section, and the allocated amount of the
20 credits shall be allowed to the partners for that taxable
21 year. The partnership shall make this election on its
22 Personal Property Tax Replacement Income Tax return for
23 that taxable year. The election to pass through the
24 credits shall be irrevocable.
25 (f) Investment credit; Enterprise Zone.
26 (1) A taxpayer shall be allowed a credit against
27 the tax imposed by subsections (a) and (b) of this
28 Section for investment in qualified property which is
29 placed in service in an Enterprise Zone created pursuant
30 to the Illinois Enterprise Zone Act. For partners and for
31 shareholders of Subchapter S corporations, there shall be
32 allowed a credit under this subsection (f) to be
33 determined in accordance with the determination of income
34 and distributive share of income under Sections 702 and
HB1268 Enrolled -177- LRB9000999EGfg
1 704 and Subchapter S of the Internal Revenue Code. The
2 credit shall be .5% of the basis for such property. The
3 credit shall be available only in the taxable year in
4 which the property is placed in service in the Enterprise
5 Zone and shall not be allowed to the extent that it would
6 reduce a taxpayer's liability for the tax imposed by
7 subsections (a) and (b) of this Section to below zero.
8 For tax years ending on or after December 31, 1985, the
9 credit shall be allowed for the tax year in which the
10 property is placed in service, or, if the amount of the
11 credit exceeds the tax liability for that year, whether
12 it exceeds the original liability or the liability as
13 later amended, such excess may be carried forward and
14 applied to the tax liability of the 5 taxable years
15 following the excess credit year. The credit shall be
16 applied to the earliest year for which there is a
17 liability. If there is credit from more than one tax year
18 that is available to offset a liability, the credit
19 accruing first in time shall be applied first.
20 (2) The term qualified property means property
21 which:
22 (A) is tangible, whether new or used,
23 including buildings and structural components of
24 buildings;
25 (B) is depreciable pursuant to Section 167 of
26 the Internal Revenue Code, except that "3-year
27 property" as defined in Section 168(c)(2)(A) of that
28 Code is not eligible for the credit provided by this
29 subsection (f);
30 (C) is acquired by purchase as defined in
31 Section 179(d) of the Internal Revenue Code;
32 (D) is used in the Enterprise Zone by the
33 taxpayer; and
34 (E) has not been previously used in Illinois
HB1268 Enrolled -178- LRB9000999EGfg
1 in such a manner and by such a person as would
2 qualify for the credit provided by this subsection
3 (f) or subsection (e).
4 (3) The basis of qualified property shall be the
5 basis used to compute the depreciation deduction for
6 federal income tax purposes.
7 (4) If the basis of the property for federal income
8 tax depreciation purposes is increased after it has been
9 placed in service in the Enterprise Zone by the taxpayer,
10 the amount of such increase shall be deemed property
11 placed in service on the date of such increase in basis.
12 (5) The term "placed in service" shall have the
13 same meaning as under Section 46 of the Internal Revenue
14 Code.
15 (6) If during any taxable year, any property ceases
16 to be qualified property in the hands of the taxpayer
17 within 48 months after being placed in service, or the
18 situs of any qualified property is moved outside the
19 Enterprise Zone within 48 months after being placed in
20 service, the tax imposed under subsections (a) and (b) of
21 this Section for such taxable year shall be increased.
22 Such increase shall be determined by (i) recomputing the
23 investment credit which would have been allowed for the
24 year in which credit for such property was originally
25 allowed by eliminating such property from such
26 computation, and (ii) subtracting such recomputed credit
27 from the amount of credit previously allowed. For the
28 purposes of this paragraph (6), a reduction of the basis
29 of qualified property resulting from a redetermination of
30 the purchase price shall be deemed a disposition of
31 qualified property to the extent of such reduction.
32 (g) Jobs Tax Credit; Enterprise Zone and Foreign
33 Trade Zone or Sub-Zone.
34 (1) A taxpayer conducting a trade or business in an
HB1268 Enrolled -179- LRB9000999EGfg
1 enterprise zone or a High Impact Business designated by
2 the Department of Commerce and Community Affairs
3 conducting a trade or business in a federally designated
4 Foreign Trade Zone or Sub-Zone shall be allowed a credit
5 against the tax imposed by subsections (a) and (b) of
6 this Section in the amount of $500 per eligible employee
7 hired to work in the zone during the taxable year.
8 (2) To qualify for the credit:
9 (A) the taxpayer must hire 5 or more eligible
10 employees to work in an enterprise zone or federally
11 designated Foreign Trade Zone or Sub-Zone during the
12 taxable year;
13 (B) the taxpayer's total employment within the
14 enterprise zone or federally designated Foreign
15 Trade Zone or Sub-Zone must increase by 5 or more
16 full-time employees beyond the total employed in
17 that zone at the end of the previous tax year for
18 which a jobs tax credit under this Section was
19 taken, or beyond the total employed by the taxpayer
20 as of December 31, 1985, whichever is later; and
21 (C) the eligible employees must be employed
22 180 consecutive days in order to be deemed hired for
23 purposes of this subsection.
24 (3) An "eligible employee" means an employee who
25 is:
26 (A) Certified by the Department of Commerce
27 and Community Affairs as "eligible for services"
28 pursuant to regulations promulgated in accordance
29 with Title II of the Job Training Partnership Act,
30 Training Services for the Disadvantaged or Title III
31 of the Job Training Partnership Act, Employment and
32 Training Assistance for Dislocated Workers Program.
33 (B) Hired after the enterprise zone or
34 federally designated Foreign Trade Zone or Sub-Zone
HB1268 Enrolled -180- LRB9000999EGfg
1 was designated or the trade or business was located
2 in that zone, whichever is later.
3 (C) Employed in the enterprise zone or Foreign
4 Trade Zone or Sub-Zone. An employee is employed in
5 an enterprise zone or federally designated Foreign
6 Trade Zone or Sub-Zone if his services are rendered
7 there or it is the base of operations for the
8 services performed.
9 (D) A full-time employee working 30 or more
10 hours per week.
11 (4) For tax years ending on or after December 31,
12 1985 and prior to December 31, 1988, the credit shall be
13 allowed for the tax year in which the eligible employees
14 are hired. For tax years ending on or after December 31,
15 1988, the credit shall be allowed for the tax year
16 immediately following the tax year in which the eligible
17 employees are hired. If the amount of the credit exceeds
18 the tax liability for that year, whether it exceeds the
19 original liability or the liability as later amended,
20 such excess may be carried forward and applied to the tax
21 liability of the 5 taxable years following the excess
22 credit year. The credit shall be applied to the earliest
23 year for which there is a liability. If there is credit
24 from more than one tax year that is available to offset a
25 liability, earlier credit shall be applied first.
26 (5) The Department of Revenue shall promulgate such
27 rules and regulations as may be deemed necessary to carry
28 out the purposes of this subsection (g).
29 (6) The credit shall be available for eligible
30 employees hired on or after January 1, 1986.
31 (h) Investment credit; High Impact Business.
32 (1) Subject to subsection (b) of Section 5.5 of the
33 Illinois Enterprise Zone Act, a taxpayer shall be allowed
34 a credit against the tax imposed by subsections (a) and
HB1268 Enrolled -181- LRB9000999EGfg
1 (b) of this Section for investment in qualified property
2 which is placed in service by a Department of Commerce
3 and Community Affairs designated High Impact Business.
4 The credit shall be .5% of the basis for such property.
5 The credit shall not be available until the minimum
6 investments in qualified property set forth in Section
7 5.5 of the Illinois Enterprise Zone Act have been
8 satisfied and shall not be allowed to the extent that it
9 would reduce a taxpayer's liability for the tax imposed
10 by subsections (a) and (b) of this Section to below zero.
11 The credit applicable to such minimum investments shall
12 be taken in the taxable year in which such minimum
13 investments have been completed. The credit for
14 additional investments beyond the minimum investment by a
15 designated high impact business shall be available only
16 in the taxable year in which the property is placed in
17 service and shall not be allowed to the extent that it
18 would reduce a taxpayer's liability for the tax imposed
19 by subsections (a) and (b) of this Section to below zero.
20 For tax years ending on or after December 31, 1987, the
21 credit shall be allowed for the tax year in which the
22 property is placed in service, or, if the amount of the
23 credit exceeds the tax liability for that year, whether
24 it exceeds the original liability or the liability as
25 later amended, such excess may be carried forward and
26 applied to the tax liability of the 5 taxable years
27 following the excess credit year. The credit shall be
28 applied to the earliest year for which there is a
29 liability. If there is credit from more than one tax
30 year that is available to offset a liability, the credit
31 accruing first in time shall be applied first.
32 Changes made in this subdivision (h)(1) by Public
33 Act 88-670 restore changes made by Public Act 85-1182 and
34 reflect existing law.
HB1268 Enrolled -182- LRB9000999EGfg
1 (2) The term qualified property means property
2 which:
3 (A) is tangible, whether new or used,
4 including buildings and structural components of
5 buildings;
6 (B) is depreciable pursuant to Section 167 of
7 the Internal Revenue Code, except that "3-year
8 property" as defined in Section 168(c)(2)(A) of that
9 Code is not eligible for the credit provided by this
10 subsection (h);
11 (C) is acquired by purchase as defined in
12 Section 179(d) of the Internal Revenue Code; and
13 (D) is not eligible for the Enterprise Zone
14 Investment Credit provided by subsection (f) of this
15 Section.
16 (3) The basis of qualified property shall be the
17 basis used to compute the depreciation deduction for
18 federal income tax purposes.
19 (4) If the basis of the property for federal income
20 tax depreciation purposes is increased after it has been
21 placed in service in a federally designated Foreign Trade
22 Zone or Sub-Zone located in Illinois by the taxpayer, the
23 amount of such increase shall be deemed property placed
24 in service on the date of such increase in basis.
25 (5) The term "placed in service" shall have the
26 same meaning as under Section 46 of the Internal Revenue
27 Code.
28 (6) If during any taxable year ending on or before
29 December 31, 1996, any property ceases to be qualified
30 property in the hands of the taxpayer within 48 months
31 after being placed in service, or the situs of any
32 qualified property is moved outside Illinois within 48
33 months after being placed in service, the tax imposed
34 under subsections (a) and (b) of this Section for such
HB1268 Enrolled -183- LRB9000999EGfg
1 taxable year shall be increased. Such increase shall be
2 determined by (i) recomputing the investment credit which
3 would have been allowed for the year in which credit for
4 such property was originally allowed by eliminating such
5 property from such computation, and (ii) subtracting such
6 recomputed credit from the amount of credit previously
7 allowed. For the purposes of this paragraph (6), a
8 reduction of the basis of qualified property resulting
9 from a redetermination of the purchase price shall be
10 deemed a disposition of qualified property to the extent
11 of such reduction.
12 (7) Beginning with tax years ending after December
13 31, 1996, if a taxpayer qualifies for the credit under
14 this subsection (h) and thereby is granted a tax
15 abatement and the taxpayer relocates its entire facility
16 in violation of the explicit terms and length of the
17 contract under Section 18-183 of the Property Tax Code,
18 the tax imposed under subsections (a) and (b) of this
19 Section shall be increased for the taxable year in which
20 the taxpayer relocated its facility by an amount equal to
21 the amount of credit received by the taxpayer under this
22 subsection (h).
23 (i) A credit shall be allowed against the tax imposed by
24 subsections (a) and (b) of this Section for the tax imposed
25 by subsections (c) and (d) of this Section. This credit
26 shall be computed by multiplying the tax imposed by
27 subsections (c) and (d) of this Section by a fraction, the
28 numerator of which is base income allocable to Illinois and
29 the denominator of which is Illinois base income, and further
30 multiplying the product by the tax rate imposed by
31 subsections (a) and (b) of this Section.
32 Any credit earned on or after December 31, 1986 under
33 this subsection which is unused in the year the credit is
34 computed because it exceeds the tax liability imposed by
HB1268 Enrolled -184- LRB9000999EGfg
1 subsections (a) and (b) for that year (whether it exceeds the
2 original liability or the liability as later amended) may be
3 carried forward and applied to the tax liability imposed by
4 subsections (a) and (b) of the 5 taxable years following the
5 excess credit year. This credit shall be applied first to
6 the earliest year for which there is a liability. If there
7 is a credit under this subsection from more than one tax year
8 that is available to offset a liability the earliest credit
9 arising under this subsection shall be applied first.
10 If, during any taxable year ending on or after December
11 31, 1986, the tax imposed by subsections (c) and (d) of this
12 Section for which a taxpayer has claimed a credit under this
13 subsection (i) is reduced, the amount of credit for such tax
14 shall also be reduced. Such reduction shall be determined by
15 recomputing the credit to take into account the reduced tax
16 imposed by subsection (c) and (d). If any portion of the
17 reduced amount of credit has been carried to a different
18 taxable year, an amended return shall be filed for such
19 taxable year to reduce the amount of credit claimed.
20 (j) Training expense credit. Beginning with tax years
21 ending on or after December 31, 1986, a taxpayer shall be
22 allowed a credit against the tax imposed by subsection (a)
23 and (b) under this Section for all amounts paid or accrued,
24 on behalf of all persons employed by the taxpayer in Illinois
25 or Illinois residents employed outside of Illinois by a
26 taxpayer, for educational or vocational training in
27 semi-technical or technical fields or semi-skilled or skilled
28 fields, which were deducted from gross income in the
29 computation of taxable income. The credit against the tax
30 imposed by subsections (a) and (b) shall be 1.6% of such
31 training expenses. For partners and for shareholders of
32 subchapter S corporations, there shall be allowed a credit
33 under this subsection (j) to be determined in accordance with
34 the determination of income and distributive share of income
HB1268 Enrolled -185- LRB9000999EGfg
1 under Sections 702 and 704 and subchapter S of the Internal
2 Revenue Code.
3 Any credit allowed under this subsection which is unused
4 in the year the credit is earned may be carried forward to
5 each of the 5 taxable years following the year for which the
6 credit is first computed until it is used. This credit shall
7 be applied first to the earliest year for which there is a
8 liability. If there is a credit under this subsection from
9 more than one tax year that is available to offset a
10 liability the earliest credit arising under this subsection
11 shall be applied first.
12 (k) Research and development credit.
13 Beginning with tax years ending after July 1, 1990, a
14 taxpayer shall be allowed a credit against the tax imposed by
15 subsections (a) and (b) of this Section for increasing
16 research activities in this State. The credit allowed
17 against the tax imposed by subsections (a) and (b) shall be
18 equal to 6 1/2% of the qualifying expenditures for increasing
19 research activities in this State.
20 For purposes of this subsection, "qualifying
21 expenditures" means the qualifying expenditures as defined
22 for the federal credit for increasing research activities
23 which would be allowable under Section 41 of the Internal
24 Revenue Code and which are conducted in this State,
25 "qualifying expenditures for increasing research activities
26 in this State" means the excess of qualifying expenditures
27 for the taxable year in which incurred over qualifying
28 expenditures for the base period, "qualifying expenditures
29 for the base period" means the average of the qualifying
30 expenditures for each year in the base period, and "base
31 period" means the 3 taxable years immediately preceding the
32 taxable year for which the determination is being made.
33 Any credit in excess of the tax liability for the taxable
34 year may be carried forward. A taxpayer may elect to have the
HB1268 Enrolled -186- LRB9000999EGfg
1 unused credit shown on its final completed return carried
2 over as a credit against the tax liability for the following
3 5 taxable years or until it has been fully used, whichever
4 occurs first.
5 If an unused credit is carried forward to a given year
6 from 2 or more earlier years, that credit arising in the
7 earliest year will be applied first against the tax liability
8 for the given year. If a tax liability for the given year
9 still remains, the credit from the next earliest year will
10 then be applied, and so on, until all credits have been used
11 or no tax liability for the given year remains. Any
12 remaining unused credit or credits then will be carried
13 forward to the next following year in which a tax liability
14 is incurred, except that no credit can be carried forward to
15 a year which is more than 5 years after the year in which the
16 expense for which the credit is given was incurred.
17 Unless extended by law, the credit shall not include
18 costs incurred after December 31, 1999, except for costs
19 incurred pursuant to a binding contract entered into on or
20 before December 31, 1999.
21 (l) Environmental Remediation Tax Credit.
22 (i) For tax years ending after December 31, 1997
23 and on or before December 31, 2001, a taxpayer shall be
24 allowed a credit against the tax imposed by subsections
25 (a) and (b) of this Section for certain amounts paid for
26 unreimbursed eligible remediation costs, as specified in
27 this subsection. For purposes of this Section,
28 "unreimbursed eligible remediation costs" means costs
29 approved by the Illinois Environmental Protection Agency
30 ("Agency") under Section 58.14 of the Environmental
31 Protection Act that were paid in performing environmental
32 remediation at a site for which a No Further Remediation
33 Letter was issued by the Agency and recorded under
34 Section 58.10 of the Environmental Protection Act, and
HB1268 Enrolled -187- LRB9000999EGfg
1 does not mean approved eligible remediation costs that
2 are at any time deducted under the provisions of the
3 Internal Revenue Code. The credit must be claimed for
4 the taxable year in which Agency approval of the eligible
5 remediation costs is granted. In no event shall
6 unreimbursed eligible remediation costs include any costs
7 taken into account in calculating an environmental
8 remediation credit granted against a tax imposed under
9 the provisions of the Internal Revenue Code. The credit
10 is not available to any taxpayer if the taxpayer or any
11 related party caused or contributed to, in any material
12 respect, a release of regulated substances on, in, or
13 under the site that was identified and addressed by the
14 remedial action pursuant to the Site Remediation Program
15 of the Environmental Protection Act. After the Pollution
16 Control Board rules are adopted pursuant to the Illinois
17 Administrative Procedure Act for the administration and
18 enforcement of Section 58.9 of the Environmental
19 Protection Act, determinations as to credit availability
20 for purposes of this Section shall be made consistent
21 with those rules. For purposes of this Section,
22 "taxpayer" includes a person whose tax attributes the
23 taxpayer has succeeded to under Section 381 of the
24 Internal Revenue Code and "related party" includes the
25 persons disallowed a deduction for losses by paragraphs
26 (b), (c), and (f)(1) of Section 267 of the Internal
27 Revenue Code by virtue of being a related taxpayer, as
28 well as any of its partners. The credit allowed against
29 the tax imposed by subsections (a) and (b) shall be equal
30 to 25% of the unreimbursed eligible remediation costs in
31 excess of $100,000 per site, except that the $100,000
32 threshold shall not apply to any site contained in an
33 enterprise zone and located in a census tract that is
34 located in a minor civil division and place or county
HB1268 Enrolled -188- LRB9000999EGfg
1 that has been determined by the Department of Commerce
2 and Community Affairs to contain a majority of households
3 consisting of low and moderate income persons. The total
4 credit allowed shall not exceed $40,000 per year with a
5 maximum total of $150,000 per site. For partners and
6 shareholders of subchapter S corporations, there shall be
7 allowed a credit under this subsection to be determined
8 in accordance with the determination of income and
9 distributive share of income under Sections 702 and 704
10 of subchapter S of the Internal Revenue Code.
11 (ii) A credit allowed under this subsection that is
12 unused in the year the credit is earned may be carried
13 forward to each of the 5 taxable years following the year
14 for which the credit is first earned until it is used.
15 The term "unused credit" does not include any amounts of
16 unreimbursed eligible remediation costs in excess of the
17 maximum credit per site authorized under paragraph (i).
18 This credit shall be applied first to the earliest year
19 for which there is a liability. If there is a credit
20 under this subsection from more than one tax year that is
21 available to offset a liability, the earliest credit
22 arising under this subsection shall be applied first. A
23 credit allowed under this subsection may be sold to a
24 buyer as part of a sale of all or part of the remediation
25 site for which the credit was granted. The purchaser of
26 a remediation site and the tax credit shall succeed to
27 the unused credit and remaining carry-forward period of
28 the seller. To perfect the transfer, the assignor shall
29 record the transfer in the chain of title for the site
30 and provide written notice to the Director of the
31 Illinois Department of Revenue of the assignor's intent
32 to sell the remediation site and the amount of the tax
33 credit to be transferred as a portion of the sale. In no
34 event may a credit be transferred to any taxpayer if the
HB1268 Enrolled -189- LRB9000999EGfg
1 taxpayer or a related party would not be eligible under
2 the provisions of subsection (i).
3 (iii) For purposes of this Section, the term "site"
4 shall have the same meaning as under Section 58.2 of the
5 Environmental Protection Act.
6 (Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96;
7 89-591, eff. 8-1-96; 90-123, eff. 7-21-97; 90-458, eff.
8 8-17-97; revised 10-16-97.)
9 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
10 Sec. 901. Collection Authority.
11 (a) In general.
12 The Department shall collect the taxes imposed by this
13 Act. The Department shall collect certified past due child
14 support amounts under Section 39b52 of the Civil
15 Administrative Code of Illinois. Except as provided in
16 subsections (c) and (e) of this Section, money collected
17 pursuant to subsections (a) and (b) of Section 201 of this
18 Act shall be paid into the General Revenue Fund in the State
19 treasury; money collected pursuant to subsections (c) and (d)
20 of Section 201 of this Act shall be paid into the Personal
21 Property Tax Replacement Fund, a special fund in the State
22 Treasury; and money collected under Section 39b52 of the
23 Civil Administrative Code of Illinois shall be paid into the
24 Child Support Enforcement Trust Fund, a special fund outside
25 the State Treasury.
26 (b) Local Governmental Distributive Fund.
27 Beginning August 1, 1969, and continuing through June 30,
28 1994, the Treasurer shall transfer each month from the
29 General Revenue Fund to a special fund in the State treasury,
30 to be known as the "Local Government Distributive Fund", an
31 amount equal to 1/12 of the net revenue realized from the tax
32 imposed by subsections (a) and (b) of Section 201 of this Act
33 during the preceding month. Beginning July 1, 1994, and
HB1268 Enrolled -190- LRB9000999EGfg
1 continuing through June 30, 1995, the Treasurer shall
2 transfer each month from the General Revenue Fund to the
3 Local Government Distributive Fund an amount equal to 1/11 of
4 the net revenue realized from the tax imposed by subsections
5 (a) and (b) of Section 201 of this Act during the preceding
6 month. Beginning July 1, 1995, the Treasurer shall transfer
7 each month from the General Revenue Fund to the Local
8 Government Distributive Fund an amount equal to 1/10 of the
9 net revenue realized from the tax imposed by subsections (a)
10 and (b) of Section 201 of the Illinois Income Tax Act during
11 the preceding month. Net revenue realized for a month shall
12 be defined as the revenue from the tax imposed by subsections
13 (a) and (b) of Section 201 of this Act which is deposited in
14 the General Revenue Fund, the Educational Assistance Fund and
15 the Income Tax Surcharge Local Government Distributive Fund
16 during the month minus the amount paid out of the General
17 Revenue Fund in State warrants during that same month as
18 refunds to taxpayers for overpayment of liability under the
19 tax imposed by subsections (a) and (b) of Section 201 of this
20 Act.
21 (c) Deposits Into Income Tax Refund Fund.
22 (1) Beginning on January 1, 1989 and thereafter,
23 the Department shall deposit a percentage of the amounts
24 collected pursuant to subsections (a) and (b)(1), (2),
25 and (3), of Section 201 of this Act into a fund in the
26 State treasury known as the Income Tax Refund Fund. The
27 Department shall deposit 6% of such amounts during the
28 period beginning January 1, 1989 and ending on June 30,
29 1989. Beginning with State fiscal year 1990 and for each
30 fiscal year thereafter, the percentage deposited into the
31 Income Tax Refund Fund during a fiscal year shall be the
32 Annual Percentage. The Annual Percentage shall be
33 calculated as a fraction, the numerator of which shall be
34 the amount of refunds approved for payment by the
HB1268 Enrolled -191- LRB9000999EGfg
1 Department during the preceding fiscal year as a result
2 of overpayment of tax liability under subsections (a) and
3 (b)(1), (2), and (3) of Section 201 of this Act plus the
4 amount of such refunds remaining approved but unpaid at
5 the end of the preceding fiscal year minus any surplus
6 which remains on deposit in the Income Tax Refund Fund at
7 the end of the preceding year, the denominator of which
8 shall be the amounts which will be collected pursuant to
9 subsections (a) and (b)(1), (2), and (3) of Section 201
10 of this Act during the preceding fiscal year. The
11 Director of Revenue shall certify the Annual Percentage
12 to the Comptroller on the last business day of the fiscal
13 year immediately preceding the fiscal year for which it
14 is it to be effective.
15 (2) Beginning on January 1, 1989 and thereafter,
16 the Department shall deposit a percentage of the amounts
17 collected pursuant to subsections (a) and (b)(6), (7),
18 and (8), (c) and (d) of Section 201 of this Act into a
19 fund in the State treasury known as the Income Tax Refund
20 Fund. The Department shall deposit 18% of such amounts
21 during the period beginning January 1, 1989 and ending on
22 June 30, 1989. Beginning with State fiscal year 1990 and
23 for each fiscal year thereafter, the percentage deposited
24 into the Income Tax Refund Fund during a fiscal year
25 shall be the Annual Percentage. The Annual Percentage
26 shall be calculated as a fraction, the numerator of which
27 shall be the amount of refunds approved for payment by
28 the Department during the preceding fiscal year as a
29 result of overpayment of tax liability under subsections
30 (a) and (b)(6), (7), and (8), (c) and (d) of Section 201
31 of this Act plus the amount of such refunds remaining
32 approved but unpaid at the end of the preceding fiscal
33 year, the denominator of which shall be the amounts which
34 will be collected pursuant to subsections (a) and (b)(6),
HB1268 Enrolled -192- LRB9000999EGfg
1 (7), and (8), (c) and (d) of Section 201 of this Act
2 during the preceding fiscal year. The Director of
3 Revenue shall certify the Annual Percentage to the
4 Comptroller on the last business day of the fiscal year
5 immediately preceding the fiscal year for which it is to
6 be effective.
7 (d) Expenditures from Income Tax Refund Fund.
8 (1) Beginning January 1, 1989, money in the Income
9 Tax Refund Fund shall be expended exclusively for the
10 purpose of paying refunds resulting from overpayment of
11 tax liability under Section 201 of this Act and for
12 making transfers pursuant to this subsection (d).
13 (2) The Director shall order payment of refunds
14 resulting from overpayment of tax liability under Section
15 201 of this Act from the Income Tax Refund Fund only to
16 the extent that amounts collected pursuant to Section 201
17 of this Act and transfers pursuant to this subsection (d)
18 have been deposited and retained in the Fund.
19 (3) On the last business day of each fiscal year,
20 the Director shall order transferred and the State
21 Treasurer and State Comptroller shall transfer from the
22 Income Tax Refund Fund to the Personal Property Tax
23 Replacement Fund an amount, certified by the Director to
24 the Comptroller, equal to the excess of the amount
25 collected pursuant to subsections (c) and (d) of Section
26 201 of this Act deposited into the Income Tax Refund Fund
27 during the fiscal year over the amount of refunds
28 resulting from overpayment of tax liability under
29 subsections (c) and (d) of Section 201 of this Act paid
30 from the Income Tax Refund Fund during the fiscal year.
31 (4) On the last business day of each fiscal year,
32 the Director shall order transferred and the State
33 Treasurer and State Comptroller shall transfer from the
34 Personal Property Tax Replacement Fund to the Income Tax
HB1268 Enrolled -193- LRB9000999EGfg
1 Refund Fund an amount, certified by the Director to the
2 Comptroller, equal to the excess of the amount of refunds
3 resulting from overpayment of tax liability under
4 subsections (c) and (d) of Section 201 of this Act paid
5 from the Income Tax Refund Fund during the fiscal year
6 over the amount collected pursuant to subsections (c) and
7 (d) of Section 201 of this Act deposited into the Income
8 Tax Refund Fund during the fiscal year.
9 (5) This Act shall constitute an irrevocable and
10 continuing appropriation from the Income Tax Refund Fund
11 for the purpose of paying refunds upon the order of the
12 Director in accordance with the provisions of this
13 Section.
14 (e) Deposits into the Education Assistance Fund and the
15 Income Tax Surcharge Local Government Distributive Fund.
16 On July 1, 1991, and thereafter, of the amounts collected
17 pursuant to subsections (a) and (b) of Section 201 of this
18 Act, minus deposits into the Income Tax Refund Fund, the
19 Department shall deposit 7.3% into the Education Assistance
20 Fund in the State Treasury. Beginning July 1, 1991, and
21 continuing through January 31, 1993, of the amounts collected
22 pursuant to subsections (a) and (b) of Section 201 of the
23 Illinois Income Tax Act, minus deposits into the Income Tax
24 Refund Fund, the Department shall deposit 3.0% into the
25 Income Tax Surcharge Local Government Distributive Fund in
26 the State Treasury. Beginning February 1, 1993 and
27 continuing through June 30, 1993, of the amounts collected
28 pursuant to subsections (a) and (b) of Section 201 of the
29 Illinois Income Tax Act, minus deposits into the Income Tax
30 Refund Fund, the Department shall deposit 4.4% into the
31 Income Tax Surcharge Local Government Distributive Fund in
32 the State Treasury. Beginning July 1, 1993, and continuing
33 through June 30, 1994, of the amounts collected under
34 subsections (a) and (b) of Section 201 of this Act, minus
HB1268 Enrolled -194- LRB9000999EGfg
1 deposits into the Income Tax Refund Fund, the Department
2 shall deposit 1.475% into the Income Tax Surcharge Local
3 Government Distributive Fund in the State Treasury.
4 (Source: P.A. 88-89; 89-6, eff. 12-31-95; revised 12-18-97.)
5 Section 42. The Service Use Tax Act is amended by
6 changing Section 15 as follows:
7 (35 ILCS 110/15) (from Ch. 120, par. 439.45)
8 Sec. 15. When the amount due is under $300, any person
9 subject to the provisions hereof who fails to file a return,
10 or who violates any other provision of Section 9 or Section
11 10 hereof, or who fails to keep books and records as required
12 herein, or who files a fraudulent return, or who wilfully
13 violates any Rule or Regulation of the Department for the
14 administration and enforcement of the provisions hereof, or
15 any officer or agent of a corporation, or manager, member, or
16 agent of a limited liability company, subject hereto who
17 signs a fraudulent return filed on behalf of such corporation
18 or limited liability company, or any accountant or other
19 agent who knowingly enters false information on the return of
20 any taxpayer under this Act, or any person who violates any
21 of the provisions of Sections 3 and 5 hereof, or any
22 purchaser who obtains a registration number or resale number
23 from the Department through misrepresentation, or who
24 represents to a seller that such purchaser has a registration
25 number or a resale number from the Department when he knows
26 that he does not, or who uses his registration number or
27 resale number to make a seller believe that he is buying
28 tangible personal property for resale when such purchaser in
29 fact knows that this is not the case, is guilty of a Class 4
30 felony.
31 Any person who violates any provision of Section 6
32 hereof, or who engages in the business of making sales of
HB1268 Enrolled -195- LRB9000999EGfg
1 service after his Certificate of Registration under this Act
2 has been revoked in accordance with Section 12 of this Act,
3 is guilty of a Class 4 felony. Each day any such person is
4 engaged in business in violation of Section 6, or after his
5 Certificate of Registration under this Act has been revoked,
6 constitutes a separate offense.
7 When the amount due is under $300, any person who accepts
8 money that is due to the Department under this Act from a
9 taxpayer for the purpose of acting as the taxpayer's agent to
10 make the payment to the Department, but who fails to remit
11 such payment to the Department when due is guilty of a Class
12 4 felony. Any such person who purports to make such payment
13 by issuing or delivering a check or other order upon a real
14 or fictitious depository for the payment of money, knowing
15 that it will not be paid by the depository, shall be guilty
16 of a deceptive practice in violation of Section 17-1 of the
17 Criminal Code of 1961, as amended.
18 When the amount due is $300 or more, any person subject
19 to the provisions hereof who fails to file a return, or who
20 violates any other provision of Section 9 or Section 10
21 hereof, or who fails to keep books and records as required
22 herein or who files a fraudulent return, or who willfully
23 violates any rule or regulation of the Department for the
24 administration and enforcement of the provisions hereof, or
25 any officer or agent of a corporation, or manager, member, or
26 agent of a limited liability company, subject hereto who
27 signs a fraudulent return filed on behalf of such corporation
28 or limited liability company, or any accountant or other
29 agent who knowingly enters false information on the return of
30 any taxpayer under this Act, or any person who violates any
31 of the provisions of Sections 3 and 5 hereof, or any
32 purchaser who obtains a registration number or resale number
33 from the Department through misrepresentation, or who
34 represents to a seller that such purchaser has a registration
HB1268 Enrolled -196- LRB9000999EGfg
1 number or a resale number from the Department when he knows
2 that he does not, or who uses his registration number or
3 resale number to make a seller believe that he is is a buying
4 tangible personal property for resale when such purchaser in
5 fact knows that this is not the case, is guilty of a Class 3
6 felony.
7 When the amount due is $300 or more, any person who
8 accepts money that is due to the Department under this Act
9 from a taxpayer for the purpose of acting as the taxpayer's
10 agent to make the payment to the Department, but who fails to
11 remit such payment to the Department when due is guilty of a
12 Class 3 felony. Any such person who purports to make such
13 payment by issuing or delivering a check or other order upon
14 a real or fictitious depository for the payment of money,
15 knowing that it will not be paid by the depository, shall be
16 guilty of a deceptive practice in violation of Section 17-1
17 of the Criminal Code of 1961, as amended.
18 Any serviceman who collects or attempts to collect
19 Service Use Tax measured by receipts or selling prices which
20 such serviceman knows are not subject to Service Use Tax, or
21 any serviceman who knowingly over-collects or attempts to
22 over-collect Service Use Tax in a transaction which is
23 subject to the tax that is imposed by this Act, shall be
24 guilty of a Class 4 felony for each offense. This paragraph
25 does not apply to an amount collected by the serviceman as
26 Service Use Tax on receipts or selling prices which are
27 subject to tax under this Act as long as such collection is
28 made in compliance with the tax collection brackets
29 prescribed by the Department in its Rules and Regulations.
30 Any taxpayer or agent of a taxpayer who with the intent
31 to defraud purports to make a payment due to the Department
32 by issuing or delivering a check or other order upon a real
33 or fictitious depository for the payment of money, knowing
34 that it will not be paid by the depository, shall be guilty
HB1268 Enrolled -197- LRB9000999EGfg
1 of a deceptive practice in violation of Section 17-1 of the
2 Criminal Code of 1961, as amended.
3 A prosecution for any Act in violation of this Section
4 may be commenced at any time within 3 years of the commission
5 of that Act.
6 This Section does not apply if the violation in a
7 particular case also constitutes a criminal violation of the
8 Retailers' Occupation Tax Act, the Use Tax Act or the Service
9 Occupation Tax Act.
10 (Source: P.A. 88-480; revised 12-18-97.)
11 Section 43. The Property Tax Code is amended by changing
12 Sections 14-15, 15-35, 15-172, 15-175, 15-180, 18-165,
13 18-185, 19-60, 20-160, 21-260, 21-315, and 22-90 as follows:
14 (35 ILCS 200/14-15)
15 Sec. 14-15. Certificate of error; counties of 3,000,000
16 or more.
17 (a) In counties with 3,000,000 or more inhabitants, if,
18 at any time before judgment is rendered in any proceeding to
19 collect or to enjoin the collection of taxes based upon any
20 assessment of any property belonging to any taxpayer, the
21 county assessor discovers an error or mistake in the
22 assessment, the assessor shall execute a certificate setting
23 forth the nature and cause of the error. The certificate
24 when endorsed by the county assessor, or when endorsed by the
25 county assessor and board of appeals (until the first Monday
26 in December 1998 and the board of review beginning the first
27 Monday in December 1998 and thereafter) where the certificate
28 is executed for any assessment which was the subject of a
29 complaint filed in the board of appeals (until the first
30 Monday in December 1998 and the board of review beginning the
31 first Monday in December 1998 and thereafter) for the tax
32 year for which the certificate is issued, may be received in
HB1268 Enrolled -198- LRB9000999EGfg
1 evidence in any court of competent jurisdiction. When so
2 introduced in evidence such certificate shall become a part
3 of the court records, and shall not be removed from the files
4 except upon the order of the court.
5 A certificate executed under this Section may be issued
6 to the person erroneously assessed. A certificate executed
7 under this Section or a list of the parcels for which
8 certificates have been issued may be presented by the
9 assessor to the court as an objection in the application for
10 judgment and order of sale for the year in relation to which
11 the certificate is made. The State's Attorney of the county
12 in which the property is situated shall mail a copy of any
13 final judgment entered by the court regarding the certificate
14 to the taxpayer of record for the year in question.
15 Any unpaid taxes after the entry of the final judgment by
16 the court on certificates issued under this Section may be
17 included in a special tax sale, provided that an
18 advertisement is published and a notice is mailed to the
19 person in whose name the taxes were last assessed, in a form
20 and manner substantially similar to the advertisement and
21 notice required under Sections 21-110 and 21-135. The
22 advertisement and sale shall be subject to all provisions of
23 law regulating the annual advertisement and sale of
24 delinquent property, to the extent that those provisions may
25 be made applicable.
26 A certificate of error executed under this Section
27 allowing homestead exemptions under Sections 15-170, 15-172,
28 and 15-175 of this Act (formerly Sections 19.23-1 and
29 19.23-1a of the Revenue Act of 1939) not previously allowed
30 shall be given effect by the county treasurer, who shall mark
31 the tax books and, upon receipt of the following certificate
32 from the county assessor, shall issue refunds to the taxpayer
33 accordingly:
34 "CERTIFICATION
HB1268 Enrolled -199- LRB9000999EGfg
1 I, .................., county assessor, hereby certify
2 that the Certificates of Error set out on the attached
3 list have been duly issued to allow homestead exemptions
4 pursuant to Sections 15-170, 15-172, and 15-175 of the
5 Property Tax Code (formerly Sections 19.23-1 and 19.23-1a
6 of the Revenue Act of 1939) which should have been
7 previously allowed; and that a certified copy of the
8 attached list and this certification have been served
9 upon the county State's Attorney."
10 The county treasurer has the power to mark the tax books
11 to reflect the issuance of homestead certificates of error
12 issued to and including 3 years after the date on which the
13 annual judgment and order of sale for that tax year was first
14 entered. The county treasurer has the power to issue refunds
15 to the taxpayer as set forth above until all refunds
16 authorized by this Section have been completed.
17 The county treasurer has no power to issue refunds to the
18 taxpayer as set forth above unless the Certification set out
19 in this Section has been served upon the county State's
20 Attorney.
21 (b) Nothing in subsection (a) of this Section shall be
22 construed to prohibit the execution, endorsement, issuance,
23 and adjudication of a certificate of error if (i) the annual
24 judgment and order of sale for the tax year in question is
25 reopened for further proceedings upon consent of the county
26 collector and county assessor, represented by the State's
27 Attorney, and (ii) a new final judgment is subsequently
28 entered pursuant to the certificate. This subsection (b)
29 shall be construed as declarative of existing law and not as
30 a new enactment.
31 (c) No certificate of error, other than a certificate to
32 establish an exemption under Section 14-25, shall be executed
33 for any tax year more than 3 years after the date on which
34 the annual judgment and order of sale for that tax year was
HB1268 Enrolled -200- LRB9000999EGfg
1 first entered.
2 (d) The time limitation of subsection (c) shall not
3 apply to a certificate of error correcting an assessment to
4 $1, under Section 10-35, on a parcel that a subdivision or
5 planned development has acquired by adverse possession, if
6 during the tax year for which the certificate is executed the
7 subdivision or planned development used the parcel as common
8 area, as defined in Section 10-35, and if application for the
9 certificate of error is made prior to December 1, 31, 1997.
10 (Source: P.A. 89-126, eff. 7-11-95; 89-671, eff. 8-14-96;
11 90-4, eff. 3-7-97; 90-288, eff. 8-1-97; revised 10-21-97.)
12 (35 ILCS 200/15-35)
13 Sec. 15-35. Schools. All property donated by the United
14 States for school purposes, and all property of schools, not
15 sold or leased or otherwise used with a view to profit, is
16 exempt, whether owned by a resident or non-resident of this
17 State or by a corporation incorporated in any state of the
18 United States. Also exempt is:
19 (a) property of schools which is leased to a
20 municipality to be used for municipal purposes on a
21 not-for-profit basis;,
22 (b) property of schools on which the schools are
23 located and any other property of schools used by the
24 schools exclusively for school purposes, including, but
25 not limited to, student residence halls, dormitories and
26 other housing facilities for students and their spouses
27 and children, staff housing facilities, and school-owned
28 and operated dormitory or residence halls occupied in
29 whole or in part by students who belong to fraternities,
30 sororities, or other campus organizations;.
31 (c) property donated, granted, received or used for
32 public school, college, theological seminary, university,
33 or other educational purposes, whether held in trust or
HB1268 Enrolled -201- LRB9000999EGfg
1 absolutely; and,
2 (d) in counties with more than 200,000 inhabitants
3 which classify property, property (including interests in
4 land and other facilities) on or adjacent to (even if
5 separated by a public street, alley, sidewalk, parkway or
6 other public way) the grounds of a school, if that
7 property is used by an academic, research or professional
8 society, institute, association or organization which
9 serves the advancement of learning in a field or fields
10 of study taught by the school and which property is not
11 used with a view to profit.
12 (Source: P.A. 83-1226; 88-455; revised 3-31-97.)
13 (35 ILCS 200/15-172)
14 Sec. 15-172. Senior Citizens Assessment Freeze Homestead
15 Exemption.
16 (a) This Section may be cited as the Senior Citizens
17 Assessment Freeze Homestead Exemption.
18 (b) As used in this Section:
19 "Applicant" means an individual who has filed an
20 application under this Section.
21 "Base amount" means the base year equalized assessed
22 value of the residence plus the first year's equalized
23 assessed value of any added improvements which increased the
24 assessed value of the residence after the base year.
25 "Base year" means the taxable year prior to the taxable
26 year for which the applicant first qualifies and applies for
27 the exemption provided that in the prior taxable year the
28 property was improved with a permanent structure that was
29 occupied as a residence by the applicant who was liable for
30 paying real property taxes on the property and who was either
31 (i) an owner of record of the property or had legal or
32 equitable interest in the property as evidenced by a written
33 instrument or (ii) had a legal or equitable interest as a
HB1268 Enrolled -202- LRB9000999EGfg
1 lessee in the parcel of property that was single family
2 residence.
3 "Chief County Assessment Officer" means the County
4 Assessor or Supervisor of Assessments of the county in which
5 the property is located.
6 "Equalized assessed value" means the assessed value as
7 equalized by the Illinois Department of Revenue.
8 "Household" means the applicant, the spouse of the
9 applicant, and all persons using the residence of the
10 applicant as their principal place of residence.
11 "Household income" means the combined income of the
12 members of a household for the calendar year preceding the
13 taxable year.
14 "Income" has the same meaning as provided in Section 3.07
15 of the Senior Citizens and Disabled Persons Property Tax
16 Relief and Pharmaceutical Assistance Act.
17 "Internal Revenue Code of 1986" means the United States
18 Internal Revenue Code of 1986 or any successor law or laws
19 relating to federal income taxes in effect for the year
20 preceding the taxable year.
21 "Life care facility that qualifies as a cooperative"
22 means a facility as defined in Section 2 of the Life Care
23 Facilities Act.
24 "Residence" means the principal dwelling place and
25 appurtenant structures used for residential purposes in this
26 State occupied on January 1 of the taxable year by a
27 household and so much of the surrounding land, constituting
28 the parcel upon which the dwelling place is situated, as is
29 used for residential purposes. If the Chief County Assessment
30 Officer has established a specific legal description for a
31 portion of property constituting the residence, then that
32 portion of property shall be deemed the residence for the
33 purposes of this Section.
34 "Taxable year" means the calendar year during which ad
HB1268 Enrolled -203- LRB9000999EGfg
1 valorem property taxes payable in the next succeeding year
2 are levied.
3 (c) Beginning in taxable year 1994, a senior citizens
4 assessment freeze homestead exemption is granted for real
5 property that is improved with a permanent structure that is
6 occupied as a residence by an applicant who (i) is 65 years
7 of age or older during the taxable year, (ii) has a household
8 income of $35,000 or less, (iii) is liable for paying real
9 property taxes on the property, and (iv) is an owner of
10 record of the property or has a legal or equitable interest
11 in the property as evidenced by a written instrument. This
12 homestead exemption shall also apply to a leasehold interest
13 in a parcel of property improved with a permanent structure
14 that is a single family residence that is occupied as a
15 residence by a person who (i) is 65 years of age or older
16 during the taxable year, (ii) has a household income of
17 $35,000 or less, (iii) has a legal or equitable ownership
18 interest in the property as lessee, and (iv) is liable for
19 the payment of real property taxes on that property.
20 The amount of this exemption shall be the equalized
21 assessed value of the residence in the taxable year for which
22 application is made minus the base amount.
23 When the applicant is a surviving spouse of an applicant
24 for a prior year for the same residence for which an
25 exemption under this Section has been granted, the base year
26 and base amount for that residence are the same as for the
27 applicant for the prior year.
28 Each year at the time the assessment books are certified
29 to the County Clerk, the Board of Review or Board of Appeals
30 shall give to the County Clerk a list of the assessed values
31 of improvements on each parcel qualifying for this exemption
32 that were added after the base year for this parcel and that
33 increased the assessed value of the property.
34 In the case of land improved with an apartment building
HB1268 Enrolled -204- LRB9000999EGfg
1 owned and operated as a cooperative or a building that is a
2 life care facility that qualifies as a cooperative, the
3 maximum reduction from the equalized assessed value of the
4 property is limited to the sum of the reductions calculated
5 for each unit occupied as a residence by a person or persons
6 65 years of age or older with a household income of $35,000
7 or less who is liable, by contract with the owner or owners
8 of record, for paying real property taxes on the property and
9 who is an owner of record of a legal or equitable interest in
10 the cooperative apartment building, other than a leasehold
11 interest. In the instance of a cooperative where a homestead
12 exemption has been granted under this Section, the
13 cooperative association or its management firm shall credit
14 the savings resulting from that exemption only to the
15 apportioned tax liability of the owner who qualified for the
16 exemption. Any person who willfully refuses to credit that
17 savings to an owner who qualifies for the exemption is guilty
18 of a Class B misdemeanor.
19 When a homestead exemption has been granted under this
20 Section and an applicant then becomes a resident of a
21 facility licensed under the Nursing Home Care Act, the
22 exemption shall be granted in subsequent years so long as the
23 residence (i) continues to be occupied by the qualified
24 applicant's spouse or (ii) if remaining unoccupied, is still
25 owned by the qualified applicant for the homestead exemption.
26 Beginning January 1, 1997, when an individual dies who
27 would have qualified for an exemption under this Section, and
28 the surviving spouse does not independently qualify for this
29 exemption because of age, the exemption under this Section
30 shall be granted to the surviving spouse for the taxable year
31 preceding and the taxable year of the death, provided that,
32 except for age, the surviving spouse meets all other
33 qualifications for the granting of this exemption for those
34 years.
HB1268 Enrolled -205- LRB9000999EGfg
1 When married persons maintain separate residences, the
2 exemption provided for in this Section may be claimed by only
3 one of such persons and for only one residence.
4 For taxable year 1994 only, in counties having less than
5 3,000,000 inhabitants, to receive the exemption, a person
6 shall submit an application by February 15, 1995 to the Chief
7 County Assessment Officer of the county in which the property
8 is located. In counties having 3,000,000 or more
9 inhabitants, for taxable year 1994 and all subsequent taxable
10 years, to receive the exemption, a person may submit an
11 application to the Chief County Assessment Officer of the
12 county in which the property is located during such period as
13 may be specified by the Chief County Assessment Officer. The
14 Chief County Assessment Officer in counties of 3,000,000 or
15 more inhabitants shall annually give notice of the
16 application period by mail or by publication. In counties
17 having less than 3,000,000 inhabitants, beginning with
18 taxable year 1995 and thereafter, to receive the exemption, a
19 person shall submit an application by July 1 of each taxable
20 year to the Chief County Assessment Officer of the county in
21 which the property is located. A county may, by ordinance,
22 establish a date for submission of applications that is
23 different than July 1. The applicant shall submit with the
24 application an affidavit of the applicant's total household
25 income, age, marital status (and if married the name and
26 address of the applicant's spouse, if known), and principal
27 dwelling place of members of the household on January 1 of
28 the taxable year. The Department shall establish, by rule, a
29 method for verifying the accuracy of affidavits filed by
30 applicants under this Section. The applications shall be
31 clearly marked as applications for the Senior Citizens
32 Assessment Freeze Homestead Exemption.
33 Notwithstanding any other provision to the contrary, in
34 counties having fewer than 3,000,000 inhabitants, if an
HB1268 Enrolled -206- LRB9000999EGfg
1 applicant fails to file the application required by this
2 Section in a timely manner and this failure to file is due to
3 a mental or physical condition sufficiently severe so as to
4 render the applicant incapable of filing the application in a
5 timely manner, the Chief County Assessment Officer may extend
6 the filing deadline for a period of 30 days after the
7 applicant regains the capability to file the application, but
8 in no case may the filing deadline be extended beyond 3
9 months of the original filing deadline. In order to receive
10 the extension provided in this paragraph, the applicant shall
11 provide the Chief County Assessment Officer with a signed
12 statement from the applicant's physician stating the nature
13 and extent of the condition, that, in the physician's
14 opinion, the condition was so severe that it rendered the
15 applicant incapable of filing the application in a timely
16 manner, and the date on which the applicant regained the
17 capability to file the application.
18 Beginning January 1, 1998, notwithstanding any other
19 provision to the contrary, in counties having fewer than
20 3,000,000 inhabitants, if an applicant fails to file the
21 application required by this Section in a timely manner and
22 this failure to file is due to a mental or physical condition
23 sufficiently severe so as to render the applicant incapable
24 of filing the application in a timely manner, the Chief
25 County Assessment Officer may extend the filing deadline for
26 a period of 3 months. In order to receive the extension
27 provided in this paragraph, the applicant shall provide the
28 Chief County Assessment Officer with a signed statement from
29 the applicant's physician stating the nature and extent of
30 the condition, and that, in the physician's opinion, the
31 condition was so severe that it rendered the applicant
32 incapable of filing the application in a timely manner.
33 In counties having less than 3,000,000 inhabitants, if an
34 applicant was denied an exemption in taxable year 1994 and
HB1268 Enrolled -207- LRB9000999EGfg
1 the denial occurred due to an error on the part of an
2 assessment official, or his or her agent or employee, then
3 beginning in taxable year 1997 the applicant's base year, for
4 purposes of determining the amount of the exemption, shall be
5 1993 rather than 1994. In addition, in taxable year 1997, the
6 applicant's exemption shall also include an amount equal to
7 (i) the amount of any exemption denied to the applicant in
8 taxable year 1995 as a result of using 1994, rather than
9 1993, as the base year, (ii) the amount of any exemption
10 denied to the applicant in taxable year 1996 as a result of
11 using 1994, rather than 1993, as the base year, and (iii) the
12 amount of the exemption erroneously denied for taxable year
13 1994.
14 For purposes of this Section, a person who will be 65
15 years of age during the current taxable year shall be
16 eligible to apply for the homestead exemption during that
17 taxable year. Application shall be made during the
18 application period in effect for the county of his or her
19 residence.
20 The Chief County Assessment Officer may determine the
21 eligibility of a life care facility that qualifies as a
22 cooperative to receive the benefits provided by this Section
23 by use of an affidavit, application, visual inspection,
24 questionnaire, or other reasonable method in order to insure
25 that the tax savings resulting from the exemption are
26 credited by the management firm to the apportioned tax
27 liability of each qualifying resident. The Chief County
28 Assessment Officer may request reasonable proof that the
29 management firm has so credited that exemption.
30 Except as provided in this Section, all information
31 received by the chief county assessment officer or the
32 Department from applications filed under this Section, or
33 from any investigation conducted under the provisions of this
34 Section, shall be confidential, except for official purposes
HB1268 Enrolled -208- LRB9000999EGfg
1 or pursuant to official procedures for collection of any
2 State or local tax or enforcement of any civil or criminal
3 penalty or sanction imposed by this Act or by any statute or
4 ordinance imposing a State or local tax. Any person who
5 divulges any such information in any manner, except in
6 accordance with a proper judicial order, is guilty of a Class
7 A misdemeanor.
8 Nothing contained in this Section shall prevent the
9 Director or chief county assessment officer from publishing
10 or making available reasonable statistics concerning the
11 operation of the exemption contained in this Section in which
12 the contents of claims are grouped into aggregates in such a
13 way that information contained in any individual claim shall
14 not be disclosed.
15 (d) Each Chief County Assessment Officer shall annually
16 publish a notice of availability of the exemption provided
17 under this Section. The notice shall be published at least
18 60 days but no more than 75 days prior to the date on which
19 the application must be submitted to the Chief County
20 Assessment Officer of the county in which the property is
21 located. The notice shall appear in a newspaper of general
22 circulation in the county.
23 (Source: P.A. 89-62, eff. 1-1-96; 89-426, eff. 6-1-96;
24 89-557, eff. 1-1-97; 89-581, eff. 1-1-97; 89-626, eff.
25 8-9-96; 90-14, eff. 7-1-97; 90-204, eff. 7-25-97; 90-523,
26 eff. 11-13-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98;
27 revised 12-23-97.)
28 (35 ILCS 200/15-175)
29 Sec. 15-175. General homestead exemption. Homestead
30 property is entitled to an annual homestead exemption
31 limited, except as described here with relation to
32 cooperatives, to a reduction in the equalized assessed value
33 of homestead property equal to the increase in equalized
HB1268 Enrolled -209- LRB9000999EGfg
1 assessed value for the current assessment year above the
2 equalized assessed value of the property for 1977, up to the
3 maximum reduction set forth below. If however, the 1977
4 equalized assessed value upon which taxes were paid is
5 subsequently determined by local assessing officials, the
6 Property Tax Appeal Board, or a court to have been excessive,
7 the equalized assessed value which should have been placed on
8 the property for 1977 shall be used to determine the amount
9 of the exemption.
10 The maximum reduction shall be $4,500 in counties with
11 3,000,000 or more inhabitants and $3,500 in all other
12 counties.
13 In counties with fewer than 3,000,000 inhabitants, if,
14 based on the most recent assessment, the equalized assessed
15 value of the homestead property for the current assessment
16 year is greater than the equalized assessed value of the
17 property for 1977, the owner of the property shall
18 automatically receive the exemption granted under this
19 Section in an amount equal to the increase over the 1977
20 assessment up to the maximum reduction set forth in this
21 Section.
22 "Homestead property" under this Section includes
23 residential property that is occupied by its owner or owners
24 as his or their principal dwelling place, or that is a
25 leasehold interest on which a single family residence is
26 situated, which is occupied as a residence by a person who
27 has an ownership interest therein, legal or equitable or as a
28 lessee, and on which the person is liable for the payment of
29 property taxes. For land improved with an apartment building
30 owned and operated as a cooperative or a building which is a
31 life care facility as defined in Section 15-170 and
32 considered to be a cooperative under Section 15-170, the
33 maximum reduction from the equalized assessed value shall be
34 limited to the increase in the value above the equalized
HB1268 Enrolled -210- LRB9000999EGfg
1 assessed value of the property for 1977, up to the maximum
2 reduction set forth above, multiplied by the number of
3 apartments or units occupied by a person or persons who is
4 liable, by contract with the owner or owners of record, for
5 paying property taxes on the property and is an owner of
6 record of a legal or equitable interest in the cooperative
7 apartment building, other than a leasehold interest. For
8 purposes of this Section, the term "life care facility" has
9 the meaning stated in Section 15-170.
10 In a cooperative where a homestead exemption has been
11 granted, the cooperative association or its management firm
12 shall credit the savings resulting from that exemption only
13 to the apportioned tax liability of the owner who qualified
14 for the exemption. Any person who willfully refuses to so
15 credit the savings shall be guilty of a Class B misdemeanor.
16 Where married persons maintain and reside in separate
17 residences qualifying as homestead property, each residence
18 shall receive 50% of the total reduction in equalized
19 assessed valuation provided by this Section.
20 In counties with more than 3,000,000 inhabitants, the
21 assessor, or chief county assessment officer may determine
22 the eligibility of residential property to receive the
23 homestead exemption by application, visual inspection,
24 questionnaire or other reasonable methods. The determination
25 shall be made in accordance with guidelines established by
26 the Department. In counties with fewer than 3,000,000
27 inhabitants, in the event of a sale of homestead property the
28 homestead exemption shall remain in effect for the remainder
29 of the assessment year of the sale. The assessor or chief
30 county assessment officer may require the new owner of the
31 property to apply for the homestead exemption for the
32 following assessment year.
33 (Source: P.A. 90-368, eff. 1-1-98; 90-552, eff. 12-12-97;
34 revised 1-6-98.)
HB1268 Enrolled -211- LRB9000999EGfg
1 (35 ILCS 200/15-180)
2 Sec. 15-180. Homestead improvements. Homestead
3 properties that have been improved and residential structures
4 on homestead property that have been rebuilt following a
5 catastrophic event are entitled to a homestead improvement
6 exemption, limited to $30,000 per year through December 31,
7 1997, and $45,000 beginning January 1, 1998 and thereafter,
8 in fair cash value, when that property is owned and used
9 exclusively for a residential purpose and upon demonstration
10 that a proposed increase in assessed value is attributable
11 solely to a new improvement of an existing structure or the
12 rebuilding of a residential structure following a
13 catastrophic event. To be eligible for an exemption under
14 this Section after a catastrophic event, the residential
15 structure must be rebuilt within 2 years after the
16 catastrophic event. The exemption for rebuilt structures
17 under this Section applies to the increase in value of the
18 rebuilt structure over the value of the structure before the
19 catastrophic event. The amount of the exemption shall be
20 limited to the fair cash value added by the new improvement
21 or rebuilding and shall continue for 4 years from the date
22 the improvement or rebuilding is completed and occupied, or
23 until the next following general assessment of that property,
24 whichever is later.
25 A proclamation of disaster by the President of the United
26 States or Governor of the State of Illinois is not a
27 prerequisite to the classification of an occurrence as a
28 catastrophic event under this Section. A "catastrophic
29 event" may include an occurrence of widespread or severe
30 damage or loss of property resulting from any catastrophic
31 cause including but not limited to fire, including arson
32 (provided the fire was not caused by the willful action of an
33 owner or resident of the property), flood, earthquake, wind,
34 storm, explosion, or extended periods of severe inclement
HB1268 Enrolled -212- LRB9000999EGfg
1 weather. In the case of a residential structure affected by
2 flooding, the structure shall not be eligible for this
3 homestead improvement exemption unless it is located within a
4 local jurisdiction which is participating in the National
5 Flood Insurance Program.
6 In counties of less than 3,000,000 inhabitants, in
7 addition to the notice requirement under Section 12-30, a
8 supervisor of assessments, county assessor, or township or
9 multi-township assessor responsible for adding an assessable
10 improvement to a residential property's assessment shall
11 either notify a taxpayer whose assessment has been changed
12 since the last preceding assessment that he or she may be
13 eligible for the exemption provided under this Section or
14 shall grant the exemption automatically.
15 (Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
16 6-1-97; 90-14, eff. 7-1-97; 90-186, eff. 7-24-97; revised
17 10-15-97)
18 (35 ILCS 200/18-165)
19 Sec. 18-165. Abatement of taxes.
20 (a) Any taxing district, upon a majority vote of its
21 governing authority, may, after the determination of the
22 assessed valuation of its property, order the clerk of that
23 county to abate any portion of its taxes on the following
24 types of property:
25 (1) Commercial and industrial.
26 (A) The property of any commercial or
27 industrial firm, including but not limited to the
28 property of any firm that is used for collecting,
29 separating, storing, or processing recyclable
30 materials, locating within the taxing district
31 during the immediately preceding year from another
32 state, territory, or country, or having been newly
33 created within this State during the immediately
HB1268 Enrolled -213- LRB9000999EGfg
1 preceding year, or expanding an existing facility.
2 The abatement shall not exceed a period of 10 years
3 and the aggregate amount of abated taxes for all
4 taxing districts combined shall not exceed
5 $4,000,000; or
6 (B) The property of any commercial or
7 industrial development of at least 500 acres having
8 been created within the taxing district. The
9 abatement shall not exceed a period of 20 years and
10 the aggregate amount of abated taxes for all taxing
11 districts combined shall not exceed $12,000,000.
12 (C) The property of any commercial or
13 industrial firm currently located in the taxing
14 district that expands a facility or its number of
15 employees. The abatement shall not exceed a period
16 of 10 years and the aggregate amount of abated taxes
17 for all taxing districts combined shall not exceed
18 $4,000,000. The abatement period may be renewed at
19 the option of the taxing districts.
20 (2) Horse racing. Any property in the taxing
21 district which is used for the racing of horses and upon
22 which capital improvements consisting of expansion,
23 improvement or replacement of existing facilities have
24 been made since July 1, 1987. The combined abatements
25 for such property from all taxing districts in any county
26 shall not exceed $5,000,000 annually and shall not exceed
27 a period of 10 years.
28 (3) Auto racing. Any property designed exclusively
29 for the racing of motor vehicles. Such abatement shall
30 not exceed a period of 10 years.
31 (4) Academic or research institute. The property
32 of any academic or research institute in the taxing
33 district that (i) is an exempt organization under
34 paragraph (3) of Section 501(c) of the Internal Revenue
HB1268 Enrolled -214- LRB9000999EGfg
1 Code, (ii) operates for the benefit of the public by
2 actually and exclusively performing scientific research
3 and making the results of the research available to the
4 interested public on a non-discriminatory basis, and
5 (iii) employs more than 100 employees. An abatement
6 granted under this paragraph shall be for at least 15
7 years and the aggregate amount of abated taxes for all
8 taxing districts combined shall not exceed $5,000,000.
9 (b) Upon a majority vote of its governing authority, any
10 municipality may, after the determination of the assessed
11 valuation of its property, order the county clerk to abate
12 any portion of its taxes on any property that is located
13 within the corporate limits of the municipality in accordance
14 with Section 8-3-18 of the Illinois Municipal Code.
15 (Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
16 90-415, eff. 8-15-97; revised 10-30-97.)
17 (35 ILCS 200/18-185)
18 Sec. 18-185. Short title; definitions. This Section and
19 Sections 18-190 through 18-245 may be cited as the Property
20 Tax Extension Limitation Law. As used in Sections 18-190
21 through 18-245:
22 "Consumer Price Index" means the Consumer Price Index for
23 All Urban Consumers for all items published by the United
24 States Department of Labor.
25 "Extension limitation" means (a) the lesser of 5% or the
26 percentage increase in the Consumer Price Index during the
27 12-month calendar year preceding the levy year or (b) the
28 rate of increase approved by voters under Section 18-205.
29 "Affected county" means a county of 3,000,000 or more
30 inhabitants or a county contiguous to a county of 3,000,000
31 or more inhabitants.
32 "Taxing district" has the same meaning provided in
33 Section 1-150, except as otherwise provided in this Section.
HB1268 Enrolled -215- LRB9000999EGfg
1 For the 1991 through 1994 levy years only, "taxing district"
2 includes only each non-home rule taxing district having the
3 majority of its 1990 equalized assessed value within any
4 county or counties contiguous to a county with 3,000,000 or
5 more inhabitants. Beginning with the 1995 levy year, "taxing
6 district" includes only each non-home rule taxing district
7 subject to this Law before the 1995 levy year and each
8 non-home rule taxing district not subject to this Law before
9 the 1995 levy year having the majority of its 1994 equalized
10 assessed value in an affected county or counties. Beginning
11 with the levy year in which this Law becomes applicable to a
12 taxing district as provided in Section 18-213, "taxing
13 district" also includes those taxing districts made subject
14 to this Law as provided in Section 18-213.
15 "Aggregate extension" for taxing districts to which this
16 Law applied before the 1995 levy year means the annual
17 corporate extension for the taxing district and those special
18 purpose extensions that are made annually for the taxing
19 district, excluding special purpose extensions: (a) made for
20 the taxing district to pay interest or principal on general
21 obligation bonds that were approved by referendum; (b) made
22 for any taxing district to pay interest or principal on
23 general obligation bonds issued before October 1, 1991; (c)
24 made for any taxing district to pay interest or principal on
25 bonds issued to refund or continue to refund those bonds
26 issued before October 1, 1991; (d) made for any taxing
27 district to pay interest or principal on bonds issued to
28 refund or continue to refund bonds issued after October 1,
29 1991 that were approved by referendum; (e) made for any
30 taxing district to pay interest or principal on revenue bonds
31 issued before October 1, 1991 for payment of which a property
32 tax levy or the full faith and credit of the unit of local
33 government is pledged; however, a tax for the payment of
34 interest or principal on those bonds shall be made only after
HB1268 Enrolled -216- LRB9000999EGfg
1 the governing body of the unit of local government finds that
2 all other sources for payment are insufficient to make those
3 payments; (f) made for payments under a building commission
4 lease when the lease payments are for the retirement of bonds
5 issued by the commission before October 1, 1991, to pay for
6 the building project; (g) made for payments due under
7 installment contracts entered into before October 1, 1991;
8 (h) made for payments of principal and interest on bonds
9 issued under the Metropolitan Water Reclamation District Act
10 to finance construction projects initiated before October 1,
11 1991; (i) made for payments of principal and interest on
12 limited bonds, as defined in Section 3 of the Local
13 Government Debt Reform Act, in an amount not to exceed the
14 debt service extension base less the amount in items (b),
15 (c), (e), and (h) of this definition for non-referendum
16 obligations, except obligations initially issued pursuant to
17 referendum; (j) made for payments of principal and interest
18 on bonds issued under Section 15 of the Local Government Debt
19 Reform Act; and (k) made by a school district that
20 participates in the Special Education District of Lake
21 County, created by special education joint agreement under
22 Section 10-22.31 of the School Code, for payment of the
23 school district's share of the amounts required to be
24 contributed by the Special Education District of Lake County
25 to the Illinois Municipal Retirement Fund under Article 7 of
26 the Illinois Pension Code; the amount of any extension under
27 this item (k) shall be certified by the school district to
28 the county clerk.
29 "Aggregate extension" for the taxing districts to which
30 this Law did not apply before the 1995 levy year (except
31 taxing districts subject to this Law in accordance with
32 Section 18-213) means the annual corporate extension for the
33 taxing district and those special purpose extensions that are
34 made annually for the taxing district, excluding special
HB1268 Enrolled -217- LRB9000999EGfg
1 purpose extensions: (a) made for the taxing district to pay
2 interest or principal on general obligation bonds that were
3 approved by referendum; (b) made for any taxing district to
4 pay interest or principal on general obligation bonds issued
5 before March 1, 1995; (c) made for any taxing district to pay
6 interest or principal on bonds issued to refund or continue
7 to refund those bonds issued before March 1, 1995; (d) made
8 for any taxing district to pay interest or principal on bonds
9 issued to refund or continue to refund bonds issued after
10 March 1, 1995 that were approved by referendum; (e) made for
11 any taxing district to pay interest or principal on revenue
12 bonds issued before March 1, 1995 for payment of which a
13 property tax levy or the full faith and credit of the unit of
14 local government is pledged; however, a tax for the payment
15 of interest or principal on those bonds shall be made only
16 after the governing body of the unit of local government
17 finds that all other sources for payment are insufficient to
18 make those payments; (f) made for payments under a building
19 commission lease when the lease payments are for the
20 retirement of bonds issued by the commission before March 1,
21 1995 to pay for the building project; (g) made for payments
22 due under installment contracts entered into before March 1,
23 1995; (h) made for payments of principal and interest on
24 bonds issued under the Metropolitan Water Reclamation
25 District Act to finance construction projects initiated
26 before October 1, 1991; (i) made for payments of principal
27 and interest on limited bonds, as defined in Section 3 of the
28 Local Government Debt Reform Act, in an amount not to exceed
29 the debt service extension base less the amount in items (b),
30 (c), and (e) of this definition for non-referendum
31 obligations, except obligations initially issued pursuant to
32 referendum and bonds described in subsection (h) of this
33 definition; (j) made for payments of principal and interest
34 on bonds issued under Section 15 of the Local Government Debt
HB1268 Enrolled -218- LRB9000999EGfg
1 Reform Act; (k) made for payments of principal and interest
2 on bonds authorized by Public Act 88-503 and issued under
3 Section 20a of the Chicago Park District Act for aquarium or
4 museum projects; and (l) made for payments of principal and
5 interest on bonds authorized by Public Act 87-1191 and issued
6 under Section 42 of the Cook County Forest Preserve District
7 Act for zoological park projects.
8 "Aggregate extension" for all taxing districts to which
9 this Law applies in accordance with Section 18-213, except
10 for those taxing districts subject to paragraph (2) of
11 subsection (e) of Section 18-213, means the annual corporate
12 extension for the taxing district and those special purpose
13 extensions that are made annually for the taxing district,
14 excluding special purpose extensions: (a) made for the taxing
15 district to pay interest or principal on general obligation
16 bonds that were approved by referendum; (b) made for any
17 taxing district to pay interest or principal on general
18 obligation bonds issued before the date on which the
19 referendum making this Law applicable to the taxing district
20 is held; (c) made for any taxing district to pay interest or
21 principal on bonds issued to refund or continue to refund
22 those bonds issued before the date on which the referendum
23 making this Law applicable to the taxing district is held;
24 (d) made for any taxing district to pay interest or principal
25 on bonds issued to refund or continue to refund bonds issued
26 after the date on which the referendum making this Law
27 applicable to the taxing district is held if the bonds were
28 approved by referendum after the date on which the referendum
29 making this Law applicable to the taxing district is held;
30 (e) made for any taxing district to pay interest or principal
31 on revenue bonds issued before the date on which the
32 referendum making this Law applicable to the taxing district
33 is held for payment of which a property tax levy or the full
34 faith and credit of the unit of local government is pledged;
HB1268 Enrolled -219- LRB9000999EGfg
1 however, a tax for the payment of interest or principal on
2 those bonds shall be made only after the governing body of
3 the unit of local government finds that all other sources for
4 payment are insufficient to make those payments; (f) made for
5 payments under a building commission lease when the lease
6 payments are for the retirement of bonds issued by the
7 commission before the date on which the referendum making
8 this Law applicable to the taxing district is held to pay for
9 the building project; (g) made for payments due under
10 installment contracts entered into before the date on which
11 the referendum making this Law applicable to the taxing
12 district is held; (h) made for payments of principal and
13 interest on limited bonds, as defined in Section 3 of the
14 Local Government Debt Reform Act, in an amount not to exceed
15 the debt service extension base less the amount in items (b),
16 (c), and (e) of this definition for non-referendum
17 obligations, except obligations initially issued pursuant to
18 referendum; (i) made for payments of principal and interest
19 on bonds issued under Section 15 of the Local Government Debt
20 Reform Act; and (j) made for a qualified airport authority to
21 pay interest or principal on general obligation bonds issued
22 for the purpose of paying obligations due under, or financing
23 airport facilities required to be acquired, constructed,
24 installed or equipped pursuant to, contracts entered into
25 before March 1, 1996 (but not including any amendments to
26 such a contract taking effect on or after that date).
27 "Aggregate extension" for all taxing districts to which
28 this Law applies in accordance with paragraph (2) of
29 subsection (e) of Section 18-213 means the annual corporate
30 extension for the taxing district and those special purpose
31 extensions that are made annually for the taxing district,
32 excluding special purpose extensions: (a) made for the taxing
33 district to pay interest or principal on general obligation
34 bonds that were approved by referendum; (b) made for any
HB1268 Enrolled -220- LRB9000999EGfg
1 taxing district to pay interest or principal on general
2 obligation bonds issued before the effective date of this
3 amendatory Act of 1997; (c) made for any taxing district to
4 pay interest or principal on bonds issued to refund or
5 continue to refund those bonds issued before the effective
6 date of this amendatory Act of 1997; (d) made for any taxing
7 district to pay interest or principal on bonds issued to
8 refund or continue to refund bonds issued after the effective
9 date of this amendatory Act of 1997 if the bonds were
10 approved by referendum after the effective date of this
11 amendatory Act of 1997; (e) made for any taxing district to
12 pay interest or principal on revenue bonds issued before the
13 effective date of this amendatory Act of 1997 for payment of
14 which a property tax levy or the full faith and credit of the
15 unit of local government is pledged; however, a tax for the
16 payment of interest or principal on those bonds shall be made
17 only after the governing body of the unit of local government
18 finds that all other sources for payment are insufficient to
19 make those payments; (f) made for payments under a building
20 commission lease when the lease payments are for the
21 retirement of bonds issued by the commission before the
22 effective date of this amendatory Act of 1997 to pay for the
23 building project; (g) made for payments due under installment
24 contracts entered into before the effective date of this
25 amendatory Act of 1997; (h) made for payments of principal
26 and interest on limited bonds, as defined in Section 3 of the
27 Local Government Debt Reform Act, in an amount not to exceed
28 the debt service extension base less the amount in items (b),
29 (c), and (e) of this definition for non-referendum
30 obligations, except obligations initially issued pursuant to
31 referendum; (i) made for payments of principal and interest
32 on bonds issued under Section 15 of the Local Government Debt
33 Reform Act; and (j) made for a qualified airport authority to
34 pay interest or principal on general obligation bonds issued
HB1268 Enrolled -221- LRB9000999EGfg
1 for the purpose of paying obligations due under, or financing
2 airport facilities required to be acquired, constructed,
3 installed or equipped pursuant to, contracts entered into
4 before March 1, 1996 (but not including any amendments to
5 such a contract taking effect on or after that date).
6 "Debt service extension base" means an amount equal to
7 that portion of the extension for a taxing district for the
8 1994 levy year, or for those taxing districts subject to this
9 Law in accordance with Section 18-213, except for those
10 subject to paragraph (2) of subsection (e) of Section 18-213,
11 for the levy year in which the referendum making this Law
12 applicable to the taxing district is held, or for those
13 taxing districts subject to this Law in accordance with
14 paragraph (2) of subsection (e) of Section 18-213 for the
15 1996 levy year, constituting an extension for payment of
16 principal and interest on bonds issued by the taxing district
17 without referendum, but not including (i) bonds authorized by
18 Public Act 88-503 and issued under Section 20a of the Chicago
19 Park District Act for aquarium and museum projects; (ii)
20 bonds issued under Section 15 of the Local Government Debt
21 Reform Act; or (iii) refunding obligations issued to refund
22 or to continue to refund obligations initially issued
23 pursuant to referendum. The debt service extension base may
24 be established or increased as provided under Section 18-212.
25 "Special purpose extensions" include, but are not limited
26 to, extensions for levies made on an annual basis for
27 unemployment and workers' compensation, self-insurance,
28 contributions to pension plans, and extensions made pursuant
29 to Section 6-601 of the Illinois Highway Code for a road
30 district's permanent road fund whether levied annually or
31 not. The extension for a special service area is not
32 included in the aggregate extension.
33 "Aggregate extension base" means the taxing district's
34 last preceding aggregate extension as adjusted under Sections
HB1268 Enrolled -222- LRB9000999EGfg
1 18-215 through 18-230.
2 "Levy year" has the same meaning as "year" under Section
3 1-155.
4 "New property" means (i) the assessed value, after final
5 board of review or board of appeals action, of new
6 improvements or additions to existing improvements on any
7 parcel of real property that increase the assessed value of
8 that real property during the levy year multiplied by the
9 equalization factor issued by the Department under Section
10 17-30 and (ii) the assessed value, after final board of
11 review or board of appeals action, of real property not
12 exempt from real estate taxation, which real property was
13 exempt from real estate taxation for any portion of the
14 immediately preceding levy year, multiplied by the
15 equalization factor issued by the Department under Section
16 17-30.
17 "Qualified airport authority" means an airport authority
18 organized under the Airport Authorities Act and located in a
19 county bordering on the State of Wisconsin and having a
20 population in excess of 200,000 and not greater than 500,000.
21 "Recovered tax increment value" means the amount of the
22 current year's equalized assessed value, in the first year
23 after a municipality terminates the designation of an area as
24 a redevelopment project area previously established under the
25 Tax Increment Allocation Development Act in the Illinois
26 Municipal Code, previously established under the Industrial
27 Jobs Recovery Law in the Illinois Municipal Code, or
28 previously established under the Economic Development Area
29 Tax Increment Allocation Act, of each taxable lot, block,
30 tract, or parcel of real property in the redevelopment
31 project area over and above the initial equalized assessed
32 value of each property in the redevelopment project area.
33 Except as otherwise provided in this Section, "limiting
34 rate" means a fraction the numerator of which is the last
HB1268 Enrolled -223- LRB9000999EGfg
1 preceding aggregate extension base times an amount equal to
2 one plus the extension limitation defined in this Section and
3 the denominator of which is the current year's equalized
4 assessed value of all real property in the territory under
5 the jurisdiction of the taxing district during the prior levy
6 year. For those taxing districts that reduced their
7 aggregate extension for the last preceding levy year, the
8 highest aggregate extension in any of the last 3 preceding
9 levy years shall be used for the purpose of computing the
10 limiting rate. The denominator shall not include new
11 property. The denominator shall not include the recovered
12 tax increment value.
13 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
14 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
15 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
16 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
17 (35 ILCS 200/19-60)
18 Sec. 19-60. Bond as security for taxes collected. The
19 bond of every county or township collector shall be held to
20 be security for the payment by the collector to the, county
21 treasurer and the taxing districts and proper authorities, of
22 all taxes, special assessments which are collected or
23 received on their behalf, and of all penalties which are
24 recovered against him.
25 (Source: Laws 1939, p. 886; P.A. 88-455; revised 12-18-97.)
26 (35 ILCS 200/20-160)
27 Sec. 20-160. Office may be declared vacant. If any
28 county collector fails to account and pay over as required in
29 Sections 20-140 2-140 and 20-150, the office may be declared
30 vacant by the county board, or by any court in which suit is
31 brought on his or her official bond.
32 (Source: Laws 1939, p. 886; P.A. 88-455; revised 8-7-97.)
HB1268 Enrolled -224- LRB9000999EGfg
1 (35 ILCS 200/21-260)
2 Sec. 21-260. Collector's scavenger sale. Upon the
3 county collector's application under Section 21-145, to be
4 known as the Scavenger Sale Application, the Court shall
5 enter judgment for the general taxes, special taxes, special
6 assessments, interest, penalties and costs as are included in
7 the advertisement and appear to be due thereon after allowing
8 an opportunity to object and a hearing upon the objections as
9 provided in Section 21-175, and order those properties sold
10 by the County Collector at public sale to the highest bidder
11 for cash, notwithstanding the bid may be less than the full
12 amount of taxes, special taxes, special assessments,
13 interest, penalties and costs for which judgment has been
14 entered.
15 (a) Conducting the sale - Bidding. All properties
16 shall be offered for sale in consecutive order as they appear
17 in the delinquent list. The minimum bid for any property
18 shall be $250 or one-half of the tax if the total liability
19 is less than $500. The successful bidder shall immediately
20 pay the amount of minimum bid to the County Collector in
21 cash, by certified or cashier's check, or by money order. If
22 the bid exceeds the minimum bid, the successful bidder shall
23 pay the balance of the bid to the county collector in cash,
24 by certified or cashier's check, or by money order by the
25 close of the next business day. If the minimum bid is not
26 paid at the time of sale or if the balance is not paid by the
27 close of the next business day, then the sale is void and the
28 minimum bid, if paid, is forfeited to the county general
29 fund. In that event, the property shall be reoffered for
30 sale within 30 days of the last offering of property in
31 regular order. The collector shall make available to the
32 public a list of all properties to be included in any
33 reoffering due to the voiding of the original sale. The
34 collector is not required to serve or publish any other
HB1268 Enrolled -225- LRB9000999EGfg
1 notice of the reoffering of those properties. In the event
2 that any of the properties are not sold upon reoffering, or
3 are sold for less than the amount of the original voided
4 sale, the original bidder who failed to pay the bid amount
5 shall remain liable for the unpaid balance of the bid in an
6 action under Section 21-240. Liability shall not be reduced
7 where the bidder upon reoffering also fails to pay the bid
8 amount, and in that event both bidders shall remain liable
9 for the unpaid balance of their respective bids. A sale of
10 properties under this Section shall not be final until
11 confirmed by the court.
12 (b) Confirmation of sales. The county collector shall
13 file his or her report of sale in the court within 30 days of
14 the date of sale of each property. No notice of the county
15 collector's application to confirm the sales shall be
16 required except as prescribed by rule of the court. Upon
17 confirmation, except in cases where the sale becomes void
18 under Section 22-85, or in cases where the order of
19 confirmation is vacated by the court, a sale under this
20 Section shall extinguish the in rem lien of the general
21 taxes, special taxes and special assessments for which
22 judgment has been entered and a redemption shall not revive
23 the lien. Confirmation of the sale shall in no event affect
24 the owner's personal liability to pay the taxes, interest and
25 penalties as provided in this Code or prevent institution of
26 a proceeding under Section 21-440 to collect any amount that
27 may remain due after the sale.
28 (c) Issuance of tax sale certificates. Upon confirmation
29 of the sale the County Clerk and the County Collector shall
30 issue to the purchaser a certificate of purchase in the form
31 prescribed by Section 21-250 as near as may be. A
32 certificate of purchase shall not be issued to any person who
33 is ineligible to bid at the sale or to receive a certificate
34 of purchase under Section 21-265.
HB1268 Enrolled -226- LRB9000999EGfg
1 (d) Scavenger Tax Judgment, Sale and Redemption Record -
2 Sale of parcels not sold. The county collector shall prepare
3 a Scavenger Tax Judgment, Sale and Redemption Record. The
4 county clerk shall write or stamp on the scavenger tax
5 judgment, sale, forfeiture and redemption record opposite the
6 description of any property offered for sale and not sold, or
7 not confirmed for any reason, the words "offered but not
8 sold". The properties which are offered for sale under this
9 Section and not sold or not confirmed shall be offered for
10 sale annually thereafter in the manner provided in this
11 Section until sold, except in the case of mineral rights,
12 which after 10 consecutive years of being offered for sale
13 under this Section and not sold or confirmed shall no longer
14 be required to be offered for sale. At any time between
15 annual sales the County Collector may advertise for sale any
16 properties subject to sale under judgments for sale
17 previously entered under this Section and not executed for
18 any reason. The advertisement and sale shall be regulated by
19 the provisions of this Code as far as applicable.
20 (e) Proceeding to tax deed. The owner of the certificate
21 of purchase shall give notice as required by Sections 22-5
22 through 22-30, and may extend the period of redemption as
23 provided by Section 21-385. At any time within 5 months prior
24 to expiration of the period of redemption from a sale under
25 this Code, the owner of a certificate of purchase may file a
26 petition and may obtain a tax deed under Sections 22-30
27 through 22-55. All proceedings for the issuance of a tax deed
28 and all tax deeds for properties sold under this Section
29 shall be subject to Sections 22-30 through 22-55. Deeds
30 issued under this Section are subject to Section 22-70. This
31 Section shall be liberally construed so to that the deeds
32 provided for in this Section convey merchantable title.
33 (f) Redemptions from scavenger sales. Redemptions may be
34 made from sales under this Section in the same manner and
HB1268 Enrolled -227- LRB9000999EGfg
1 upon the same terms and conditions as redemptions from sales
2 made under the County Collector's annual application for
3 judgment and order of sale, except that in lieu of penalty
4 the person redeeming shall pay interest as follows if the
5 sale occurs before September 9, 1993:
6 (1) If redeemed within the first 2 months from the
7 date of the sale, 3% per month or portion thereof upon
8 the amount for which the property was sold;
9 (2) If redeemed between 2 and 6 months from the
10 date of the sale, 12% of the amount for which the
11 property was sold;
12 (3) If redeemed between 6 and 12 months from the
13 date of the sale, 24% of the amount for which the
14 property was sold;
15 (4) If redeemed between 12 and 18 months from the
16 date of the sale, 36% of the amount for which the
17 property was sold;
18 (5) If redeemed between 18 and 24 months from the
19 date of the sale, 48% of the amount for which the
20 property was sold;
21 (6) If redeemed after 24 months from the date of
22 sale, the 48% herein provided together with interest at
23 6% per year thereafter.
24 If the sale occurs on or after September 9, 1993, the
25 person redeeming shall pay interest on that part of the
26 amount for which the property was sold equal to or less than
27 the full amount of delinquent taxes, special assessments,
28 penalties, interest, and costs, included in the judgment and
29 order of sale as follows:
30 (1) If redeemed within the first 2 months from the
31 date of the sale, 3% per month upon the amount of taxes,
32 special assessments, penalties, interest, and costs due
33 for each of the first 2 months, or fraction thereof.
34 (2) If redeemed at any time between 2 and 6 months
HB1268 Enrolled -228- LRB9000999EGfg
1 from the date of the sale, 12% of the amount of taxes,
2 special assessments, penalties, interest, and costs due.
3 (3) If redeemed at any time between 6 and 12 months
4 from the date of the sale, 24% of the amount of taxes,
5 special assessments, penalties, interest, and costs due.
6 (4) If redeemed at any time between 12 and 18
7 months from the date of the sale, 36% of the amount of
8 taxes, special assessments, penalties, interest, and
9 costs due.
10 (5) If redeemed at any time between 18 and 24
11 months from the date of the sale, 48% of the amount of
12 taxes, special assessments, penalties, interest, and
13 costs due.
14 (6) If redeemed after 24 months from the date of
15 sale, the 48% provided for the 24 months together with
16 interest at 6% per annum thereafter on the amount of
17 taxes, special assessments, penalties, interest, and
18 costs due.
19 The person redeeming shall not be required to pay any
20 interest on any part of the amount for which the property was
21 sold that exceeds the full amount of delinquent taxes,
22 special assessments, penalties, interest, and costs included
23 in the judgment and order of sale.
24 Notwithstanding any other provision of this Section,
25 except for owner-occupied single family residential units
26 which are condominium units, cooperative units or dwellings,
27 the amount required to be paid for redemption shall also
28 include an amount equal to all delinquent taxes on the
29 property which taxes were delinquent at the time of sale.
30 The delinquent taxes shall be apportioned by the county
31 collector among the taxing districts in which the property is
32 situated in accordance with law. In the event that all moneys
33 received from any sale held under this Section exceed an
34 amount equal to all delinquent taxes on the property sold,
HB1268 Enrolled -229- LRB9000999EGfg
1 which taxes were delinquent at the time of sale, together
2 with all publication and other costs associated with the
3 sale, then, upon redemption, the County Collector and the
4 County Clerk shall apply the excess amount to the cost of
5 redemption.
6 (g) Bidding by county or other taxing districts. Any
7 taxing district may bid at a scavenger sale. The county
8 board of the county in which properties offered for sale
9 under this Section are located may bid as trustee for all
10 taxing districts having an interest in the taxes for the
11 nonpayment of which the parcels are offered. The County shall
12 apply on the bid the unpaid taxes due upon the property and
13 no cash need be paid. The County or other taxing district
14 acquiring a tax sale certificate shall take all steps
15 necessary to acquire title to the property and may manage and
16 operate the property so acquired.
17 When a county, or other taxing district within the
18 county, is a petitioner for a tax deed, no filing fee shall
19 be required on the petition. The county as a tax creditor and
20 as trustee for other tax creditors, or other taxing district
21 within the county shall not be required to allege and prove
22 that all taxes and special assessments which become due and
23 payable after the sale to the county have been paid. The
24 county shall not be required to pay the subsequently accruing
25 taxes or special assessments at any time. Upon the written
26 request of the county board or its designee, the county
27 collector shall not offer the property for sale at any tax
28 sale subsequent to the sale of the property to the county
29 under this Section. The lien of taxes and special assessments
30 which become due and payable after a sale to a county shall
31 merge in the fee title of the county, or other taxing
32 district, on the issuance of a deed. The County may sell the
33 properties so acquired, or the certificate of purchase
34 thereto, and the proceeds of the sale shall be distributed to
HB1268 Enrolled -230- LRB9000999EGfg
1 the taxing districts in proportion to their respective
2 interests therein. The presiding officer of the county board,
3 with the advice and consent of the County Board, may appoint
4 some officer or person to attend scavenger sales and bid on
5 its behalf.
6 (h) Miscellaneous provisions. In the event that the
7 tract of land or lot sold at any such sale is not redeemed
8 within the time permitted by law and a tax deed is issued,
9 all moneys that may be received from the sale of properties
10 in excess of the delinquent taxes, together with all
11 publication and other costs associated with the sale, shall,
12 upon petition of any interested party to the court that
13 issued the tax deed, be distributed by the County Collector
14 pursuant to order of the court among the persons having legal
15 or equitable interests in the property according to the fair
16 value of their interests in the tract or lot. Section 21-415
17 does not apply to properties sold under this Section. Appeals
18 may be taken from the orders and judgments entered under this
19 Section as in other civil cases. The remedy herein provided
20 is in addition to other remedies for the collection of
21 delinquent taxes.
22 (Source: P.A. 90-514, eff. 8-22-97; revised 12-18-97.)
23 (35 ILCS 200/21-315)
24 Sec. 21-315. Interest on refund.
25 (a) In those cases which arise solely under grounds set
26 forth in Section 21-310 or 22-35, and in no other cases, the
27 court which orders a sale in error shall also award interest
28 on the refund of the amount paid for the certificate of
29 purchase, together with all costs paid by the owner of the
30 certificate of purchase or his or her assignor which were
31 posted to the tax judgment, sale, redemption and forfeiture
32 record, except as otherwise provided in this Section. Except
33 as otherwise provided in this Section, interest shall be
HB1268 Enrolled -231- LRB9000999EGfg
1 awarded and paid at the rate of 1% per month from the date of
2 sale to the date of payment to the tax purchaser, or in an
3 amount equivalent to the penalty interest which would be
4 recovered on a redemption at the time of payment pursuant to
5 the order for sale in error, whichever is less.
6 (b) Interest on the refund to the owner of the
7 certificate of purchase shall not be paid (i) in any case in
8 which the improvements upon the property sold have been
9 substantially destroyed or rendered uninhabitable or
10 otherwise unfit for occupancy, (ii) when the sale in error is
11 made in pursuant to Section 22-35, (iii) in any case, after
12 January 1, 1990, in which the real estate contains a
13 hazardous substance, hazardous waste, or underground storage
14 tank that would require a cleanup or other removal under any
15 federal, State, or local law, ordinance or regulation, only
16 if the tax purchaser purchased the property without actual
17 knowledge of the hazardous substance, hazardous waste or
18 underground storage tank, or (iv) in any other case where the
19 court determines that the tax purchaser had actual knowledge
20 prior to the sale of the grounds on which the sale is
21 declared to be erroneous.
22 (c) When the county collector files a petition for sale
23 in error under Section 21-310 and mails a notice thereof by
24 certified or registered mail to the tax purchaser, any
25 interest otherwise payable under this Section shall cease to
26 accrue as of the date the petition is filed, unless the tax
27 purchaser agrees to an order for sale in error upon the
28 presentation of the petition to the court. Notices under
29 this subsection may be mailed to the original owner of the
30 certificate of purchase, or to the latest assignee, if known.
31 When the owner of the certificate of purchase contests the
32 collector's petition solely to determine whether the grounds
33 for sale in error are such as to support a claim for
34 interest, the court may direct that the principal amount of
HB1268 Enrolled -232- LRB9000999EGfg
1 the refund be paid to the owner of the certificate of
2 purchase forthwith. If the court thereafter determines that a
3 claim for interest lies under this Section, it shall award
4 such interest from the date of sale to the date the principal
5 amount was paid.
6 (Source: P.A. 88-455; 88-676, eff. 12-14-94; 89-69, eff.
7 6-30-95; revised 12-18-97.)
8 (35 ILCS 200/22-90)
9 Sec. 22-90. Recording of certificate of purchase by
10 municipality. If any city, village or incorporated town,
11 interested in the collection of any special tax or
12 assessment, acquires a certificate of purchase at a tax sale,
13 it is not be required to take out a deed, but may preserve
14 its lien under the certificate of purchase, beyond the period
15 of redemption, by recording the certificate of purchase or
16 evidence thereof within 1 year from the expiration of the
17 period of redemption or extended period of redemption, in the
18 office of the recorder of the county in which the property is
19 situated, or by presenting the certificate for registration
20 in the manner provided by law, to the registrar of titles in
21 the case of property registered under the Registered Titles
22 (Torrens) Act. The recorded certificate of purchase or the
23 evidence thereof shall contain language in substantially the
24 following form:
25 STATE OF ....)
26 )SS
27 COUNTY OF ...)
28 The following described property was sold to the (here
29 place name of city, village, or incorporated town), at a
30 public sale for the nonpayment of special taxes or
31 assessments in the above stated county, on the .... day of
32 ...., 19 .., to-wit: (here place property description). The
33 sale was for the delinquent special tax or assessment (here
HB1268 Enrolled -233- LRB9000999EGfg
1 place the special assessment warrant number and installment).
2 Unless payment or settlement is made at the office of (here
3 place proper city, village or incorporated town officer), the
4 municipality for which the above lien or liens were created
5 may at any time after expiration of the period of redemption,
6 sell and assign the certificate of purchase. Either the
7 municipality or its assignee at any time after expiration of
8 the period of redemption may file a complaint to foreclose or
9 bring an action for the amount of the special tax or
10 assessment due.
11 Dated this .... day of ...., 19...
12 ...........................
13 (Proper Officer)
14 (Source: P.A. 87-669; 88-455; revised 12-18-97.)
15 Section 44. The Motor Fuel Tax Law is amended by
16 changing Section 8 as follows:
17 (35 ILCS 505/8) (from Ch. 120, par. 424)
18 Sec. 8. Except as provided in Section 8a, all money
19 received by the Department under this Act, including payments
20 made to the Department by member jurisdictions participating
21 in the International Fuel Tax Agreement, shall be deposited
22 in a special fund in the State treasury, to be known as the
23 "Motor Fuel Tax Fund", and shall be used as follows:
24 (a) 2 1/2 cents per gallon of the tax collected on
25 special fuel under paragraph (b) of Section 2 and Section 13a
26 of this Act shall be transferred to the State Construction
27 Account Fund in the State Treasury;
28 (b) $420,000 shall be transferred each month to the
29 State Boating Act Fund to be used by the Department of
30 Natural Resources for the purposes specified in Article X of
31 the Boat Registration and Safety Act;
32 (c) $1,500,000 shall be transferred each month to the
HB1268 Enrolled -234- LRB9000999EGfg
1 Grade Crossing Protection Fund to be used as follows: not
2 less than $6,000,000 each fiscal year shall be used for the
3 construction or reconstruction of rail highway grade
4 separation structures; beginning with fiscal year 1997 and
5 ending in fiscal year 1999, $1,500,000, and $750,000 in
6 fiscal year 2000 and each fiscal year thereafter shall be
7 transferred to the Transportation Regulatory Fund and shall
8 be accounted for as part of the rail carrier portion of such
9 funds and shall be used to pay the cost of administration of
10 the Illinois Commerce Commission's railroad safety program in
11 connection with its duties under subsection (3) of Section
12 18c-7401 of the Illinois Vehicle Code, with the remainder to
13 be used by the Department of Transportation upon order of the
14 Illinois Commerce Commission, to pay that part of the cost
15 apportioned by such Commission to the State to cover the
16 interest of the State-wide public in the use of highways,
17 roads or streets in the county highway system, township and
18 district road system or municipal street system as defined in
19 the Illinois Highway Code, as the same may from time to time
20 be amended, for separation of grades, for installation,
21 construction or reconstruction of crossing protection or
22 reconstruction, alteration, relocation including construction
23 or improvement of any existing highway necessary for access
24 to property or improvement of any grade crossing including
25 the necessary highway approaches thereto of any railroad
26 across the highway or public road, as provided for in and in
27 accordance with Section 18c-7401 of the Illinois Vehicle
28 Code. In entering orders for projects for which payments
29 from the Grade Crossing Protection Fund will be made, the
30 Commission shall account for expenditures authorized by the
31 orders on a cash rather than an accrual basis. For purposes
32 of this requirement an "accrual basis" assumes that the total
33 cost of the project is expended in the fiscal year in which
34 the order is entered, while a "cash basis" allocates the cost
HB1268 Enrolled -235- LRB9000999EGfg
1 of the project among fiscal years as expenditures are
2 actually made;
3 (d) of the amount remaining after allocations provided
4 for in subsections (a), (b) and (c), a sufficient amount
5 shall be reserved to pay all of the following:
6 (1) the costs of the Department of Revenue in
7 administering this Act;
8 (2) the costs of the Department of Transportation
9 in performing its duties imposed by the Illinois Highway
10 Code for supervising the use of motor fuel tax funds
11 apportioned to municipalities, counties and road
12 districts;
13 (3) refunds provided for in Section 13 of this Act
14 and under the terms of the International Fuel Tax
15 Agreement referenced in Section 14a;
16 (4) from October 1, 1985 until June 30, 1994, the
17 administration of the Vehicle Emissions Inspection Law,
18 which amount shall be certified monthly by the
19 Environmental Protection Agency to the State Comptroller
20 and shall promptly be transferred by the State
21 Comptroller and Treasurer from the Motor Fuel Tax Fund to
22 the Vehicle Inspection Fund, and beginning July 1, 1994,
23 and until December 31, 2000, one-twelfth of $25,000,000
24 each month for the administration of the Vehicle
25 Emissions Inspection Law of 1995, to be transferred by
26 the State Comptroller and Treasurer from the Motor Fuel
27 Tax Fund into the Vehicle Inspection Fund;
28 (5) amounts ordered paid by the Court of Claims;
29 and
30 (6) payment of motor fuel use taxes due to member
31 jurisdi