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90_HB1269enr
SEE INDEX
Creates the First 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 July 1, 1997.
LRB9001000EGfg
HB1269 Enrolled LRB9001000EGfg
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 ARTICLE 1
6 GENERAL PROVISIONS
7 Section 1-1. This Act may be cited as the First 1997
8 General Revisory Act.
9 Section 1-2. This Act is not intended to make any
10 substantive change in the law. It reconciles conflicts that
11 have arisen from multiple amendments and enactments and makes
12 technical corrections and revisions in the law.
13 In this Act, the reference at the end of each amended
14 Section indicates the sources in the Session Laws of Illinois
15 that were used in the preparation of the text of that
16 Section. The text of the Section included in this Act is
17 intended to include the different versions of the Section
18 found in the Public Acts included in the list of sources, but
19 may not include other versions of the Section to be found in
20 Public Acts not included in the list of sources. The list of
21 sources is not a part of the text of the Section.
22 Section 1-3. This Act is divided into the following
23 Articles:
24 ARTICLE 1. General Provisions.
25 ARTICLE 2. Combining Revisories.
26 ARTICLE 3. Technical Corrections.
27 ARTICLE 4. Effective Date and Nonacceleration.
28 ARTICLE 2
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1 COMBINING REVISORIES
2 Section 2-1. This Article revises and, where appropriate,
3 renumbers certain Sections that have been added or amended by
4 more than one Public Act. This Article also corrects errors,
5 revises cross-references, and deletes obsolete text in those
6 Sections. Public Acts 89-443 through 89-707 were considered
7 in the preparation of this Article.
8 (5 ILCS 80/4.8a rep.)
9 Section 2-5. The Regulatory Agency Sunset Act is amended
10 by repealing Section 4.8a.
11 Section 2-10. The Regulatory Agency Sunset Act is
12 amended by changing Section 4.9 as follows:
13 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
14 Sec. 4.9. The following Acts are repealed December 31,
15 1997:
16 The Podiatric Medical Practice Act of 1987.
17 The Nursing Home Administrators Licensing and
18 Disciplinary Act.
19 The Physician Assistant Practice Act of 1987.
20 The Illinois Nursing Act of 1987.
21 The Clinical Social Work and Social Work Practice Act.
22 The Illinois Speech-Language Pathology and Audiology
23 Practice Act.
24 The Marriage and Family Therapy Licensing Act.
25 (Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
26 revised 2-7-97.)
27 Section 2-15. The Illinois Public Labor Relations Act is
28 amended by changing Section 3 as follows:
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1 (5 ILCS 315/3) (from Ch. 48, par. 1603)
2 Sec. 3. Definitions. As used in this Act, unless the
3 context otherwise requires:
4 (a) "Board" or "Governing Board" means either the
5 Illinois State Labor Relations Board or the Illinois Local
6 Labor Relations Board.
7 (b) "Collective bargaining" means bargaining over terms
8 and conditions of employment, including hours, wages, and
9 other conditions of employment, as detailed in Section 7 and
10 which are not excluded by Section 4.
11 (c) "Confidential employee" means an employee who, in
12 the regular course of his or her duties, assists and acts in
13 a confidential capacity to persons who formulate, determine,
14 and effectuate management policies with regard to labor
15 relations or who, in the regular course of his or her duties,
16 has authorized access to information relating to the
17 effectuation or review of the employer's collective
18 bargaining policies.
19 (d) "Craft employees" means skilled journeymen, crafts
20 persons, and their apprentices and helpers.
21 (e) "Essential services employees" means those public
22 employees performing functions so essential that the
23 interruption or termination of the function will constitute a
24 clear and present danger to the health and safety of the
25 persons in the affected community.
26 (f) "Exclusive representative", except with respect to
27 non-State fire fighters and paramedics employed by fire
28 departments and fire protection districts, non-State peace
29 officers, and peace officers in the Department of State
30 Police, means the labor organization that has been (i)
31 designated by the Board as the representative of a majority
32 of public employees in an appropriate bargaining unit in
33 accordance with the procedures contained in this Act, (ii)
34 historically recognized by the State of Illinois or any
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1 political subdivision of the State before July 1, 1984 (the
2 effective date of this Act) as the exclusive representative
3 of the employees in an appropriate bargaining unit, or (iii)
4 after July 1, 1984 (the effective date of this Act)
5 recognized by an employer upon evidence, acceptable to the
6 Board, that the labor organization has been designated as the
7 exclusive representative by a majority of the employees in an
8 appropriate bargaining unit.
9 With respect to non-State fire fighters and paramedics
10 employed by fire departments and fire protection districts,
11 non-State peace officers, and peace officers in the
12 Department of State Police, "exclusive representative" means
13 the labor organization that has been (i) designated by the
14 Board as the representative of a majority of peace officers
15 or fire fighters in an appropriate bargaining unit in
16 accordance with the procedures contained in this Act, (ii)
17 historically recognized by the State of Illinois or any
18 political subdivision of the State before January 1, 1986
19 (the effective date of this amendatory Act of 1985) as the
20 exclusive representative by a majority of the peace officers
21 or fire fighters in an appropriate bargaining unit, or (iii)
22 after January 1, 1986 (the effective date of this amendatory
23 Act of 1985) recognized by an employer upon evidence,
24 acceptable to the Board, that the labor organization has been
25 designated as the exclusive representative by a majority of
26 the peace officers or fire fighters in an appropriate
27 bargaining unit.
28 (g) "Fair share agreement" means an agreement between
29 the employer and an employee organization under which all or
30 any of the employees in a collective bargaining unit are
31 required to pay their proportionate share of the costs of the
32 collective bargaining process, contract administration, and
33 pursuing matters affecting wages, hours, and other conditions
34 of employment, but not to exceed the amount of dues uniformly
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1 required of members. The amount certified by the exclusive
2 representative shall not include any fees for contributions
3 related to the election or support of any candidate for
4 political office. Nothing in this subsection (g) shall
5 preclude an employee from making voluntary political
6 contributions in conjunction with his or her fair share
7 payment.
8 (g-1) "Fire fighter" means, for the purposes of this Act
9 only, any person who has been or is hereafter appointed to a
10 fire department or fire protection district or employed by a
11 state university and sworn or commissioned to perform fire
12 fighter duties or paramedic duties, except that the following
13 persons are not included: part-time fire fighters, auxiliary,
14 reserve or voluntary fire fighters, including paid on-call
15 fire fighters, clerks and dispatchers or other civilian
16 employees of a fire department or fire protection district
17 who are not routinely expected to perform fire fighter
18 duties, or elected officials.
19 (g-2) "General Assembly of the State of Illinois" means
20 the legislative branch of the government of the State of
21 Illinois, as provided for under Article IV of the
22 Constitution of the State of Illinois, and includes but is
23 not limited to the House of Representatives, the Senate, the
24 Speaker of the House of Representatives, the Minority Leader
25 of the House of Representatives, the President of the Senate,
26 the Minority Leader of the Senate, the Joint Committee on
27 Legislative Support Services and any legislative support
28 services agency listed in the Legislative Commission
29 Reorganization Act of 1984.
30 (h) "Governing body" means, in the case of the State,
31 the State Labor Relations Board, the Director of the
32 Department of Central Management Services, and the Director
33 of the Department of Labor; the county board in the case of a
34 county; the corporate authorities in the case of a
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1 municipality; and the appropriate body authorized to provide
2 for expenditures of its funds in the case of any other unit
3 of government.
4 (i) "Labor organization" means any organization in which
5 public employees participate and that exists for the purpose,
6 in whole or in part, of dealing with a public employer
7 concerning wages, hours, and other terms and conditions of
8 employment, including the settlement of grievances.
9 (j) "Managerial employee" means an individual who is
10 engaged predominantly in executive and management functions
11 and is charged with the responsibility of directing the
12 effectuation of management policies and practices.
13 (k) "Peace officer" means, for the purposes of this Act
14 only, any persons who have been or are hereafter appointed to
15 a police force, department, or agency and sworn or
16 commissioned to perform police duties, except that the
17 following persons are not included: part-time police
18 officers, special police officers, auxiliary police as
19 defined by Section 3.1-30-20 of the Illinois Municipal Code,
20 night watchmen, "merchant police", court security officers as
21 defined by Section 3-6012.1 of the Counties Code, temporary
22 employees, traffic guards or wardens, civilian parking meter
23 and parking facilities personnel or other individuals
24 specially appointed to aid or direct traffic at or near
25 schools or public functions or to aid in civil defense or
26 disaster, parking enforcement employees who are not
27 commissioned as peace officers and who are not armed and who
28 are not routinely expected to effect arrests, parking lot
29 attendants, clerks and dispatchers or other civilian
30 employees of a police department who are not routinely
31 expected to effect arrests, or elected officials.
32 (l) "Person" includes one or more individuals, labor
33 organizations, public employees, associations, corporations,
34 legal representatives, trustees, trustees in bankruptcy,
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1 receivers, or the State of Illinois or any political
2 subdivision of the State or governing body, but does not
3 include the General Assembly of the State of Illinois or any
4 individual employed by the General Assembly of the State of
5 Illinois.
6 (m) "Professional employee" means any employee engaged
7 in work predominantly intellectual and varied in character
8 rather than routine mental, manual, mechanical or physical
9 work; involving the consistent exercise of discretion and
10 adjustment in its performance; of such a character that the
11 output produced or the result accomplished cannot be
12 standardized in relation to a given period of time; and
13 requiring advanced knowledge in a field of science or
14 learning customarily acquired by a prolonged course of
15 specialized intellectual instruction and study in an
16 institution of higher learning or a hospital, as
17 distinguished from a general academic education or from
18 apprenticeship or from training in the performance of routine
19 mental, manual, or physical processes; or any employee who
20 has completed the courses of specialized intellectual
21 instruction and study prescribed in this subsection (m) and
22 is performing related work under the supervision of a
23 professional person to qualify to become a professional
24 employee as defined in this subsection (m).
25 (n) "Public employee" or "employee", for the purposes of
26 this Act, means any individual employed by a public employer,
27 including interns and residents at public hospitals, but
28 excluding all of the following: employees of the General
29 Assembly of the State of Illinois; elected officials;
30 executive heads of a department; members of boards or
31 commissions; employees of any agency, board or commission
32 created by this Act; employees appointed to State positions
33 of a temporary or emergency nature; all employees of school
34 districts and higher education institutions except
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1 firefighters and peace officers employed by a state
2 university; managerial employees; short-term employees;
3 confidential employees; independent contractors; and
4 supervisors except as provided in this Act.
5 Notwithstanding Section 9, subsection (c), or any other
6 provisions of this Act, all peace officers above the rank of
7 captain in municipalities with more than 1,000,000
8 inhabitants shall be excluded from this Act.
9 (o) "Public employer" or "employer" means the State of
10 Illinois; any political subdivision of the State, unit of
11 local government or school district; authorities including
12 departments, divisions, bureaus, boards, commissions, or
13 other agencies of the foregoing entities; and any person
14 acting within the scope of his or her authority, express or
15 implied, on behalf of those entities in dealing with its
16 employees. "Public employer" or "employer" as used in this
17 Act, however, does not mean and shall not include the General
18 Assembly of the State of Illinois and educational employers
19 or employers as defined in the Illinois Educational Labor
20 Relations Act, except with respect to a state university in
21 its employment of firefighters and peace officers. County
22 boards and county sheriffs shall be designated as joint or
23 co-employers of county peace officers appointed under the
24 authority of a county sheriff. Nothing in this subsection
25 (o) shall be construed to prevent the State Board or the
26 Local Board from determining that employers are joint or
27 co-employers.
28 (p) "Security employee" means an employee who is
29 responsible for the supervision and control of inmates at
30 correctional facilities. The term also includes other
31 non-security employees in bargaining units having the
32 majority of employees being responsible for the supervision
33 and control of inmates at correctional facilities.
34 (q) "Short-term employee" means an employee who is
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1 employed for less that 2 consecutive calendar quarters during
2 a calendar year and who does not have a reasonable assurance
3 that he or she will be rehired by the same employer for the
4 same service in a subsequent calendar year.
5 (r) "Supervisor" is an employee whose principal work is
6 substantially different from that of his or her subordinates
7 and who has authority, in the interest of the employer, to
8 hire, transfer, suspend, lay off, recall, promote, discharge,
9 direct, reward, or discipline employees, to adjust their
10 grievances, or to effectively recommend any of those actions,
11 if the exercise of that authority is not of a merely routine
12 or clerical nature, but requires the consistent use of
13 independent judgment. Except with respect to police
14 employment, the term "supervisor" includes only those
15 individuals who devote a preponderance of their employment
16 time to exercising that authority, State supervisors
17 notwithstanding. In addition, in determining supervisory
18 status in police employment, rank shall not be determinative.
19 The Board shall consider, as evidence of bargaining unit
20 inclusion or exclusion, the common law enforcement policies
21 and relationships between police officer ranks and
22 certification under applicable civil service law, ordinances,
23 personnel codes, or Division 2.1 of Article 10 of the
24 Illinois Municipal Code, but these factors shall not be the
25 sole or predominant factors considered by the Board in
26 determining police supervisory status.
27 Notwithstanding the provisions of the preceding
28 paragraph, in determining supervisory status in fire fighter
29 employment, no fire fighter shall be excluded as a supervisor
30 who has established representation rights under Section 9 of
31 this Act. Further, in new fire fighter units, employees
32 shall consist of fire fighters of the rank of company officer
33 and below. If a company officer otherwise qualifies as a
34 supervisor under the preceding paragraph, however, he or she
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1 shall not be included in the fire fighter unit. If there is
2 no rank between that of chief and the highest company
3 officer, the employer may designate a position on each shift
4 as a Shift Commander, and the persons occupying those
5 positions shall be supervisors. All other ranks above that
6 of company officer shall be supervisors.
7 (s) (1) "Unit" means a class of jobs or positions that
8 are held by employees whose collective interests may suitably
9 be represented by a labor organization for collective
10 bargaining. Except with respect to non-State fire fighters
11 and paramedics employed by fire departments and fire
12 protection districts, non-State peace officers, and peace
13 officers in the Department of State Police, a bargaining unit
14 determined by the Board shall not include both employees and
15 supervisors, or supervisors only, except as provided in
16 paragraph (2) of this subsection (s) and except for
17 bargaining units in existence on July 1, 1984 (the effective
18 date of this Act). 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 supervisors
23 and nonsupervisors, or supervisors only, except as provided
24 in paragraph (2) of this subsection (s) and except for
25 bargaining units in existence on January 1, 1986 (the
26 effective date of this amendatory Act of 1985). A bargaining
27 unit determined by the Board to contain peace officers shall
28 contain no employees other than peace officers unless
29 otherwise agreed to by the employer and the labor
30 organization or labor organizations involved.
31 Notwithstanding any other provision of this Act, a bargaining
32 unit, including a historical bargaining unit, containing
33 sworn peace officers of the Department of Natural Resources
34 (formerly designated the Department of Conservation) shall
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1 contain no employees other than such sworn peace officers
2 upon the effective date of this amendatory Act of 1990 or
3 upon the expiration date of any collective bargaining
4 agreement in effect upon the effective date of this
5 amendatory Act of 1990 covering both such sworn peace
6 officers and other employees.
7 (2) Notwithstanding the exclusion of supervisors from
8 bargaining units as provided in paragraph (1) of this
9 subsection (s), a public employer may agree to permit its
10 supervisory employees to form bargaining units and may
11 bargain with those units. This Act shall apply if the public
12 employer chooses to bargain under this subsection.
13 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
14 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
15 6-1-97; revised 1-14-97.)
16 Section 2-20. The State Employees Group Insurance Act of
17 1971 is amended by changing Section 3 and by setting forth,
18 amending, and renumbering multiple versions of Section 6.7 as
19 follows:
20 (5 ILCS 375/3) (from Ch. 127, par. 523)
21 Sec. 3. Definitions. Unless the context otherwise
22 requires, the following words and phrases as used in this Act
23 shall have the following meanings. The Department may define
24 these and other words and phrases separately for the purpose
25 of implementing specific programs providing benefits under
26 this Act.
27 (a) "Administrative service organization" means any
28 person, firm or corporation experienced in the handling of
29 claims which is fully qualified, financially sound and
30 capable of meeting the service requirements of a contract of
31 administration executed with the Department.
32 (b) "Annuitant" means (1) an employee who retires, or
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1 has retired, on or after January 1, 1966 on an immediate
2 annuity under the provisions of Articles 2, 14, 15 (including
3 an employee who has retired and is receiving a retirement
4 annuity under an optional program established under Section
5 15-158.2 and who would also be eligible for a retirement
6 annuity had that person been a participant in the State
7 University Retirement System), paragraphs (b) or (c) of
8 Section 16-106, or Article 18 of the Illinois Pension Code;
9 (2) any person who was receiving group insurance coverage
10 under this Act as of March 31, 1978 by reason of his status
11 as an annuitant, even though the annuity in relation to which
12 such coverage was provided is a proportional annuity based on
13 less than the minimum period of service required for a
14 retirement annuity in the system involved; (3) any person not
15 otherwise covered by this Act who has retired as a
16 participating member under Article 2 of the Illinois Pension
17 Code but is ineligible for the retirement annuity under
18 Section 2-119 of the Illinois Pension Code; (4) the spouse of
19 any person who is receiving a retirement annuity under
20 Article 18 of the Illinois Pension Code and who is covered
21 under a group health insurance program sponsored by a
22 governmental employer other than the State of Illinois and
23 who has irrevocably elected to waive his or her coverage
24 under this Act and to have his or her spouse considered as
25 the "annuitant" under this Act and not as a "dependent"; or
26 (5) an employee who retires, or has retired, from a qualified
27 position, as determined according to rules promulgated by the
28 Director, under a qualified local government or a qualified
29 rehabilitation facility or a qualified domestic violence
30 shelter or service. (For definition of "retired employee",
31 see (p) post).
32 (c) "Carrier" means (1) an insurance company, a
33 corporation organized under the Limited Health Service
34 Organization Act or the Voluntary Health Services Plan Act, a
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1 partnership, or other nongovernmental organization, which is
2 authorized to do group life or group health insurance
3 business in Illinois, or (2) the State of Illinois as a
4 self-insurer.
5 (d) "Compensation" means salary or wages payable on a
6 regular payroll by the State Treasurer on a warrant of the
7 State Comptroller out of any State, trust or federal fund, or
8 by the Governor of the State through a disbursing officer of
9 the State out of a trust or out of federal funds, or by any
10 Department out of State, trust, federal or other funds held
11 by the State Treasurer or the Department, to any person for
12 personal services currently performed, and ordinary or
13 accidental disability benefits under Articles 2, 14, 15
14 (including ordinary or accidental disability benefits under
15 an optional program established under Section 15-158.2),
16 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
17 Illinois Pension Code, for disability incurred after January
18 1, 1966, or benefits payable under the Workers' Compensation
19 or Occupational Diseases Act or benefits payable under a sick
20 pay plan established in accordance with Section 36 of the
21 State Finance Act. "Compensation" also means salary or wages
22 paid to an employee of any qualified local government or
23 qualified rehabilitation facility or a qualified domestic
24 violence shelter or service.
25 (e) "Commission" means the State Employees Group
26 Insurance Advisory Commission authorized by this Act.
27 Commencing July 1, 1984, "Commission" as used in this Act
28 means the Illinois Economic and Fiscal Commission as
29 established by the Legislative Commission Reorganization Act
30 of 1984.
31 (f) "Contributory", when referred to as contributory
32 coverage, shall mean optional coverages or benefits elected
33 by the member toward the cost of which such member makes
34 contribution, or which are funded in whole or in part through
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1 the acceptance of a reduction in earnings or the foregoing of
2 an increase in earnings by an employee, as distinguished from
3 noncontributory coverage or benefits which are paid entirely
4 by the State of Illinois without reduction of the member's
5 salary.
6 (g) "Department" means any department, institution,
7 board, commission, officer, court or any agency of the State
8 government receiving appropriations and having power to
9 certify payrolls to the Comptroller authorizing payments of
10 salary and wages against such appropriations as are made by
11 the General Assembly from any State fund, or against trust
12 funds held by the State Treasurer and includes boards of
13 trustees of the retirement systems created by Articles 2, 14,
14 15, 16 and 18 of the Illinois Pension Code. "Department"
15 also includes the Illinois Comprehensive Health Insurance
16 Board and the Illinois Rural Bond Bank.
17 (h) "Dependent", when the term is used in the context of
18 the health and life plan, means a member's spouse and any
19 unmarried child (1) from birth to age 19 including an adopted
20 child, a child who lives with the member from the time of the
21 filing of a petition for adoption until entry of an order of
22 adoption, a stepchild or recognized child who lives with the
23 member in a parent-child relationship, or a child who lives
24 with the member if such member is a court appointed guardian
25 of the child, or (2) age 19 to 23 enrolled as a full-time
26 student in any accredited school, financially dependent upon
27 the member, and eligible as a dependent for Illinois State
28 income tax purposes, or (3) age 19 or over who is mentally or
29 physically handicapped as defined in the Illinois Insurance
30 Code. For the health plan only, the term "dependent" also
31 includes any person enrolled prior to the effective date of
32 this Section who is dependent upon the member to the extent
33 that the member may claim such person as a dependent for
34 Illinois State income tax deduction purposes; no other such
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1 person may be enrolled.
2 (i) "Director" means the Director of the Illinois
3 Department of Central Management Services.
4 (j) "Eligibility period" means the period of time a
5 member has to elect enrollment in programs or to select
6 benefits without regard to age, sex or health.
7 (k) "Employee" means and includes each officer or
8 employee in the service of a department who (1) receives his
9 compensation for service rendered to the department on a
10 warrant issued pursuant to a payroll certified by a
11 department or on a warrant or check issued and drawn by a
12 department upon a trust, federal or other fund or on a
13 warrant issued pursuant to a payroll certified by an elected
14 or duly appointed officer of the State or who receives
15 payment of the performance of personal services on a warrant
16 issued pursuant to a payroll certified by a Department and
17 drawn by the Comptroller upon the State Treasurer against
18 appropriations made by the General Assembly from any fund or
19 against trust funds held by the State Treasurer, and (2) is
20 employed full-time or part-time in a position normally
21 requiring actual performance of duty during not less than 1/2
22 of a normal work period, as established by the Director in
23 cooperation with each department, except that persons elected
24 by popular vote will be considered employees during the
25 entire term for which they are elected regardless of hours
26 devoted to the service of the State, and (3) except that
27 "employee" does not include any person who is not eligible by
28 reason of such person's employment to participate in one of
29 the State retirement systems under Articles 2, 14, 15 (either
30 the regular Article 15 system or an optional program
31 established under Section 15-158.2) or 18, or under paragraph
32 (b) or (c) of Section 16-106, of the Illinois Pension Code,
33 but such term does include persons who are employed during
34 the 6 month qualifying period under Article 14 of the
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1 Illinois Pension Code. Such term also includes any person
2 who (1) after January 1, 1966, is receiving ordinary or
3 accidental disability benefits under Articles 2, 14, 15
4 (including ordinary or accidental disability benefits under
5 an optional program established under Section 15-158.2),
6 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
7 Illinois Pension Code, for disability incurred after January
8 1, 1966, (2) receives total permanent or total temporary
9 disability under the Workers' Compensation Act or
10 Occupational Disease Act as a result of injuries sustained or
11 illness contracted in the course of employment with the State
12 of Illinois, or (3) is not otherwise covered under this Act
13 and has retired as a participating member under Article 2 of
14 the Illinois Pension Code but is ineligible for the
15 retirement annuity under Section 2-119 of the Illinois
16 Pension Code. However, a person who satisfies the criteria
17 of the foregoing definition of "employee" except that such
18 person is made ineligible to participate in the State
19 Universities Retirement System by clause (4) of the first
20 paragraph of Section 15-107 of the Illinois Pension Code is
21 also an "employee" for the purposes of this Act. "Employee"
22 also includes any person receiving or eligible for benefits
23 under a sick pay plan established in accordance with Section
24 36 of the State Finance Act. "Employee" also includes each
25 officer or employee in the service of a qualified local
26 government, including persons appointed as trustees of
27 sanitary districts regardless of hours devoted to the service
28 of the sanitary district, and each employee in the service of
29 a qualified rehabilitation facility and each full-time
30 employee in the service of a qualified domestic violence
31 shelter or service, as determined according to rules
32 promulgated by the Director.
33 (l) "Member" means an employee, annuitant, retired
34 employee or survivor.
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1 (m) "Optional coverages or benefits" means those
2 coverages or benefits available to the member on his or her
3 voluntary election, and at his or her own expense.
4 (n) "Program" means the group life insurance, health
5 benefits and other employee benefits designed and contracted
6 for by the Director under this Act.
7 (o) "Health plan" means a self-insured health insurance
8 program offered by the State of Illinois for the purposes of
9 benefiting employees by means of providing, among others,
10 wellness programs, utilization reviews, second opinions and
11 medical fee reviews, as well as for paying for hospital and
12 medical care up to the maximum coverage provided by the plan,
13 to its members and their dependents.
14 (p) "Retired employee" means any person who would be an
15 annuitant as that term is defined herein but for the fact
16 that such person retired prior to January 1, 1966. Such term
17 also includes any person formerly employed by the University
18 of Illinois in the Cooperative Extension Service who would be
19 an annuitant but for the fact that such person was made
20 ineligible to participate in the State Universities
21 Retirement System by clause (4) of the first paragraph of
22 Section 15-107 of the Illinois Pension Code.
23 (q) "Survivor" means a person receiving an annuity as a
24 survivor of an employee or of an annuitant. "Survivor" also
25 includes: (1) the surviving dependent of a person who
26 satisfies the definition of "employee" except that such
27 person is made ineligible to participate in the State
28 Universities Retirement System by clause (4) of the first
29 paragraph of Section 15-107 of the Illinois Pension Code; and
30 (2) the surviving dependent of any person formerly employed
31 by the University of Illinois in the Cooperative Extension
32 Service who would be an annuitant except for the fact that
33 such person was made ineligible to participate in the State
34 Universities Retirement System by clause (4) of the first
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1 paragraph of Section 15-107 of the Illinois Pension Code.
2 (r) "Medical services" means the services provided
3 within the scope of their licenses by practitioners in all
4 categories licensed under the Medical Practice Act of 1987.
5 (s) "Unit of local government" means any county,
6 municipality, township, school district, special district or
7 other unit, designated as a unit of local government by law,
8 which exercises limited governmental powers or powers in
9 respect to limited governmental subjects, any not-for-profit
10 association with a membership that primarily includes
11 townships and township officials, that has duties that
12 include provision of research service, dissemination of
13 information, and other acts for the purpose of improving
14 township government, and that is funded wholly or partly in
15 accordance with Section 85-15 of the Township Code; any
16 not-for-profit corporation or association, with a membership
17 consisting primarily of municipalities, that operates its own
18 utility system, and provides research, training,
19 dissemination of information, or other acts to promote
20 cooperation between and among municipalities that provide
21 utility services and for the advancement of the goals and
22 purposes of its membership; and the Illinois Association of
23 Park Districts. "Qualified local government" means a unit of
24 local government approved by the Director and participating
25 in a program created under subsection (i) of Section 10 of
26 this Act.
27 (t) "Qualified rehabilitation facility" means any
28 not-for-profit organization that is accredited by the
29 Commission on Accreditation of Rehabilitation Facilities or
30 certified by the Department of Human Services (as successor
31 to the Department of Mental Health and Developmental
32 Disabilities) to provide services to persons with
33 disabilities and which receives funds from the State of
34 Illinois for providing those services, approved by the
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1 Director and participating in a program created under
2 subsection (j) of Section 10 of this Act.
3 (u) "Qualified domestic violence shelter or service"
4 means any Illinois domestic violence shelter or service and
5 its administrative offices funded by the Department of Human
6 Services (as successor to the Illinois Department of Public
7 Aid), approved by the Director and participating in a program
8 created under subsection (k) of Section 10.
9 (v) "TRS benefit recipient" means a person who:
10 (1) is not a "member" as defined in this Section;
11 and
12 (2) is receiving a monthly benefit or retirement
13 annuity under Article 16 of the Illinois Pension Code;
14 and
15 (3) either (i) has at least 8 years of creditable
16 service under Article 16 of the Illinois Pension Code, or
17 (ii) was enrolled in the health insurance program offered
18 under that Article on January 1, 1996, or (iii) is the
19 survivor of a benefit recipient who had at least 8 years
20 of creditable service under Article 16 of the Illinois
21 Pension Code or was enrolled in the health insurance
22 program offered under that Article on the effective date
23 of this amendatory Act of 1995, or (iv) is a recipient or
24 survivor of a recipient of a disability benefit under
25 Article 16 of the Illinois Pension Code.
26 (w) "TRS dependent beneficiary" means a person who:
27 (1) is not a "member" or "dependent" as defined in
28 this Section; and
29 (2) is a TRS benefit recipient's: (A) spouse, (B)
30 dependent parent who is receiving at least half of his or
31 her support from the TRS benefit recipient, or (C)
32 unmarried natural or adopted child who is (i) under age
33 19, or (ii) enrolled as a full-time student in an
34 accredited school, financially dependent upon the TRS
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1 benefit recipient, eligible as a dependent for Illinois
2 State income tax purposes, and either is under age 24 or
3 was, on January 1, 1996, participating as a dependent
4 beneficiary in the health insurance program offered under
5 Article 16 of the Illinois Pension Code, or (iii) age 19
6 or over who is mentally or physically handicapped as
7 defined in the Illinois Insurance Code.
8 (x) "Military leave with pay and benefits" refers to
9 individuals in basic training for reserves, special/advanced
10 training, annual training, emergency call up, or activation
11 by the President of the United States with approved pay and
12 benefits.
13 (y) "Military leave without pay and benefits" refers to
14 individuals who enlist for active duty in a regular component
15 of the U.S. Armed Forces or other duty not specified or
16 authorized under military leave with pay and benefits.
17 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
18 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
19 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
20 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
21 (5 ILCS 375/6.7)
22 Sec. 6.7. Woman's health care provider. The program of
23 health benefits is subject to the provisions of Section 356r
24 of the Illinois Insurance Code.
25 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
26 (5 ILCS 375/6.8)
27 Sec. 6.8. 6.7. Post-parturition care. The program of
28 health benefits shall provide the post-parturition care
29 benefits required to be covered by a policy of accident and
30 health insurance under Section 356s 356r of the Illinois
31 Insurance Code.
32 (Source: P.A. 89-513, eff. 7-17-96; revised 7-24-96.)
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1 Section 2-25. The Alcoholism and Other Drug Abuse and
2 Dependency Act is amended by changing Section 1-10 as
3 follows:
4 (20 ILCS 301/1-10)
5 Sec. 1-10. Definitions. As used in this Act, unless the
6 context clearly indicates otherwise, the following words and
7 terms have the following meanings:
8 "Act" means the Alcoholism and Other Drug Abuse and
9 Dependency Act.
10 "Addict" means a person who exhibits the disease known as
11 "addiction".
12 "Addiction" means a disease process characterized by the
13 continued use of a specific psycho-active substance despite
14 physical, psychological or social harm. The term also
15 describes the advanced stages of chemical dependency.
16 "Administrator" means a person responsible for
17 administration of a program.
18 "Alcoholic" means a person who exhibits the disease known
19 as "alcoholism".
20 "Alcoholism" means a chronic and progressive disease or
21 illness characterized by preoccupation with and loss of
22 control over the consumption of alcohol, and the use of
23 alcohol despite adverse consequences. Typically,
24 combinations of the following tendencies are also present:
25 periodic or chronic intoxication; physical disability;
26 impaired emotional, occupational or social adjustment;
27 tendency toward relapse; a detrimental effect on the
28 individual, his family and society; psychological dependence;
29 and physical dependence. Alcoholism is also known as
30 addiction to alcohol. Alcoholism is described and further
31 categorized in clinical detail in the DSM and the ICD.
32 "Array of services" means assistance to individuals,
33 families and communities in response to alcohol or other drug
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1 abuse or dependency. The array of services includes, but is
2 not limited to: prevention assistance for communities and
3 schools; case finding, assessment and intervention to help
4 individuals stop abusing alcohol or other drugs; case
5 management; detoxification to aid individuals in physically
6 withdrawing from alcohol or other drugs; short-term and
7 long-term treatment and support services to help individuals
8 and family members begin the process of recovery;
9 prescription and dispensing of the drug methadone or other
10 medications as an adjunct to treatment; relapse prevention
11 services; education and counseling for children or other
12 co-dependents of alcoholics or other drug abusers or addicts.
13 "Case management" means those services which will assist
14 individuals in gaining access to needed social, educational,
15 medical, treatment and other services.
16 "Children of alcoholics or drug addicts or abusers of
17 alcohol and other drugs" means the minor or adult children of
18 individuals who have abused or been dependent upon alcohol or
19 other drugs. These children may or may not become dependent
20 upon alcohol or other drugs themselves; however, they are
21 physically, psychologically, and behaviorally at high risk of
22 developing the illness. Children of alcoholics and other
23 drug abusers experience emotional and other problems, and
24 benefit from prevention and treatment services provided by
25 funded and non-funded agencies licensed by the Department.
26 "Co-dependents" means individuals who are involved in the
27 lives of and are affected by people who are dependent upon
28 alcohol and other drugs. Co-dependents compulsively engage
29 in behaviors that cause them to suffer adverse physical,
30 emotional, familial, social, behavioral, vocational, and
31 legal consequences as they attempt to cope with the alcohol
32 or drug dependent person. People who become co-dependents
33 include spouses, parents, siblings, and friends of alcohol or
34 drug dependent people. Co-dependents benefit from prevention
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1 and treatment services provided by agencies licensed by the
2 Department.
3 "Controlled substance" means any substance or immediate
4 precursor which is enumerated in the schedules of Article II
5 of the Illinois Controlled Substances Act or the Cannabis
6 Control Act.
7 "Crime of violence" means any of the following crimes:
8 murder, voluntary manslaughter, criminal sexual assault,
9 aggravated criminal sexual assault, predatory criminal sexual
10 assault of a child, armed robbery, arson, kidnapping,
11 aggravated battery, aggravated arson, or any other felony
12 which involves the use or threat of physical force or
13 violence against another individual.
14 "Department" means the Illinois Department of Human
15 Services as successor to the former Department of Alcoholism
16 and Substance Abuse.
17 "Designated program" means a program designated by the
18 Department to provide services described in subsection (c) or
19 (d) of Section 15-10 of this Act. A designated program's
20 primary function is screening, assessing, referring and
21 tracking clients identified by the criminal justice system,
22 and the program agrees to apply statewide the standards,
23 uniform criteria and procedures established by the Department
24 pursuant to such designation.
25 "Detoxification" means the process of allowing an
26 individual to safely withdraw from a drug in a controlled
27 environment.
28 "DSM" means the most current edition of the Diagnostic
29 and Statistical Manual of Mental Disorders.
30 "D.U.I." means driving under the influence of alcohol or
31 other substances which may cause impairment of driving
32 ability.
33 "Facility" means the building or premises which are used
34 for the provision of licensable program services, including
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1 support services, as set forth by rule.
2 "ICD" means the most current edition of the International
3 Classification of Diseases.
4 "Incapacitated" means that a person is unconscious or
5 otherwise exhibits, by overt behavior or by extreme physical
6 debilitation, an inability to care for his own needs or to
7 recognize the obvious danger of his situation or to make
8 rational decisions with respect to his need for treatment.
9 "Intermediary person" means a person with expertise
10 relative to addiction, alcoholism, and the abuse of alcohol
11 or other drugs who may be called on to assist the police in
12 carrying out enforcement or other activities with respect to
13 persons who abuse or are dependent on alcohol or other drugs.
14 "Intervention" means readily accessible activities which
15 assist individuals and their partners or family members in
16 coping with the immediate problems of alcohol and other drug
17 abuse or dependency, and in reducing their alcohol and other
18 drug use. Intervention can facilitate emotional and social
19 stability, and involves referring people for further
20 treatment as needed.
21 "Intoxicated person" means a person whose mental or
22 physical functioning is substantially impaired as a result of
23 the current effects of alcohol or other drugs within the
24 body.
25 "Local advisory council" means an alcohol and substance
26 abuse body established in a county, township or community
27 area, which represents public and private entities having an
28 interest in the prevention and treatment of alcoholism or
29 other drug abuse.
30 "Off-site services" means licensable program services or
31 activities which are conducted at a location separate from
32 the primary service location of the provider, and which
33 services are operated by a program or entity licensed under
34 this Act.
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1 "Person" means any individual, firm, group, association,
2 partnership, corporation, trust, government or governmental
3 subdivision or agency.
4 "Prevention" means an interactive process of individuals,
5 families, schools, religious organizations, communities and
6 regional, state and national organizations to reduce
7 alcoholism, prevent the use of illegal drugs and the abuse of
8 legal drugs by persons of all ages, prevent the use of
9 alcohol by minors, build the capacities of individuals and
10 systems, and promote healthy environments, lifestyles and
11 behaviors.
12 "Program" means a licensable or fundable activity or
13 service, or a coordinated range of such activities or
14 services, as the Department may establish by rule.
15 "Recovery" means the long-term, often life-long, process
16 in which an addicted person changes the way in which he makes
17 decisions and establishes personal and life priorities. The
18 evolution of this decision-making and priority-setting
19 process is generally manifested by an obvious improvement in
20 the individual's life and lifestyle and by his overcoming the
21 abuse of or dependence on alcohol or other drugs. Recovery
22 is also generally manifested by prolonged periods of
23 abstinence from addictive chemicals which are not medically
24 supervised. Recovery is the goal of treatment.
25 "Rehabilitation" means a process whereby those clinical
26 services necessary and appropriate for improving an
27 individual's life and lifestyle and for overcoming his or her
28 abuse of or dependency upon alcohol or other drugs, or both,
29 are delivered in an appropriate setting and manner as defined
30 in rules established by the Department.
31 "Relapse" means a process which is manifested by a
32 progressive pattern of behavior that reactivates the symptoms
33 of a disease or creates debilitating conditions in an
34 individual who has experienced remission from addiction or
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1 alcoholism.
2 "Secretary" means the Secretary of Human Services or his
3 or her designee.
4 "Substance abuse" or "abuse" means a pattern of use of
5 alcohol or other drugs with the potential of leading to
6 immediate functional problems or to alcoholism or other drug
7 dependency, or to the use of alcohol and/or other drugs
8 solely for purposes of intoxication. The term also means the
9 use of illegal drugs by persons of any age, and the use of
10 alcohol by persons under the age of 21.
11 "Treatment" means the broad range of emergency,
12 outpatient, intermediate and residential services and care
13 (including assessment, diagnosis, medical, psychiatric,
14 psychological and social services, care and counseling, and
15 aftercare) which may be extended to individuals who abuse or
16 are dependent on alcohol or other drugs or families of those
17 persons.
18 (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
19 12-13-95; 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
20 9-10-96.)
21 Section 2-30. The Children and Family Services Act is
22 amended by changing Section 18a-13 as follows:
23 (20 ILCS 505/18a-13) (from Ch. 23, par. 5018a-13)
24 (Section scheduled to be repealed on December 31, 1997)
25 Sec. 18a-13. Interagency Authority on Residential
26 Facilities for Children.
27 (a) There is hereby created the Interagency Authority on
28 Residential Facilities for Children.
29 (b) The Authority shall be composed of the Secretary of
30 Human Services (or his or her designee) and 2 additional
31 representatives of the Department of Human Services
32 designated by the Secretary; plus the Directors, or their
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1 designees, of the following State agencies:
2 (1) Department of Children and Family Services,
3 (2) Department of Corrections,
4 (3) Illinois State Board of Education,
5 (4) Department of Public Aid, and
6 (5) Residential Services Authority;
7 plus 5 people appointed by the Governor from State and
8 community public and private providers and funders. These 5
9 people shall be experienced and knowledgeable concerning
10 out-of-home placement options for children. No more than 2
11 of the appointees can be from the public sector. Members of
12 the Authority shall serve without compensation. No monies
13 shall be appropriated for the purpose of providing operating
14 expenses for the Authority. The Department of Human Services
15 and the other departments listed in this subsection (b) shall
16 provide staffing and support costs.
17 (c) The Chairperson of the Authority shall be the
18 Director of Children and Family Services or his designee.
19 The first meeting of the Authority shall be within 30 days of
20 the effective date of this amendatory Act of 1991. At the
21 first meeting the Authority shall elect a vice-chairperson
22 from its membership.
23 (d) The Authority shall have the responsibility for
24 developing a long-term plan for providing adequate
25 residential facilities for the care of children who cannot be
26 served in their own homes and whose needs cannot be met by
27 foster family home services or other similar substitute care
28 arrangements. The Authority shall examine, among other
29 items, the feasibility of increasing the capacity or number
30 of residential care facilities in the State consistent with
31 the principles that services in the home and community and
32 the least restrictive alternatives guide the State service
33 system for children. If it is determined that there should
34 be an increase in the number of residential facilities,
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1 campus type settings shall be considered.
2 (e) The Authority also has the responsibility for the
3 following:
4 (1) The annual collection of information from State
5 agencies in regard to the number of children placed in
6 out-of-State settings, including placements made by local
7 school districts that are reimbursed pursuant to the
8 School Code.
9 (2) Reporting on an annual basis the cost of all
10 out-of-State placements of children made by State
11 agencies or local school districts.
12 (3) Reviewing the current rate structures for
13 payment of services for in-State and out-of-State
14 residential placements of children and recommending
15 appropriate incentives that would encourage the
16 development of necessary in-State services.
17 (4) Promoting the establishment of State
18 inter-agency pilot programs which provide for a continuum
19 of placements, including short-term local residential
20 placements and other alternatives to out-of-State
21 placements.
22 (f) The Authority shall present a proposal to the
23 Governor, the President of the Senate, the Minority Leader of
24 the Senate, the Speaker of the House and the Minority Leader
25 of the House within one year of its first meeting.
26 (g) This Section is repealed effective December 31,
27 1997. The changes made to this Section by this amendatory Act
28 of 1996 are not intended to revive this Section in the event
29 of its repeal.
30 (Source P.A. 88-487; 88-597, eff. 8-28-94; 89-21, eff.
31 7-1-95; 89-507, eff. 7-1-97; 89-648, eff. 8-9-96; revised
32 9-12-96)
33 Section 2-35. The Department of Natural Resources Act is
HB1269 Enrolled -29- LRB9001000EGfg
1 amended by setting forth and renumbering multiple versions of
2 Section 5-10 as follows:
3 (20 ILCS 801/5-10)
4 Sec. 5-10. Additional powers. With respect to the water
5 resources of the State, the Office of Water Resources shall
6 have the following powers:
7 (a) To study and investigate ways and means by which the
8 various water uses may be coordinated to the end that the
9 water resources of the State be put to their maximum
10 beneficial use and, in connection therewith, to request any
11 department or agency of the State to make surveys, studies,
12 investigations, prepare plans, reports and furnish such data
13 and information as may be necessary.
14 (b) To coordinate, determine and provide ways and means
15 for the equitable reconciliation and adjustment of the
16 various conflicting claims and rights to water by users or
17 uses.
18 (c) To recommend legislation for the most feasible
19 method or methods of conserving water resources and putting
20 them to the maximum possible use, taking into account the
21 problems of navigation, flood control, river flow control and
22 stabilization, reclamation, drainage and recapture, and
23 further utilization of water after use for any purpose,
24 domestic and industrial use, irrigation of land, municipal
25 use, development of electric energy, public health,
26 recreational, fish and game life, and other beneficial use.
27 (d) To undertake regulatory flood hazard mapping within
28 this State.
29 (e) To inspect and prescribe standards of repair,
30 maintenance and improvement of the facilities and properties
31 of the Metro-East Sanitary District.
32 (Source: P.A. 89-445, eff. 2-7-96.)
HB1269 Enrolled -30- LRB9001000EGfg
1 (20 ILCS 801/15-10)
2 Sec. 15-10. 5-10. Board of Natural Resources and
3 Conservation.
4 (a) Within the Department there shall be a Board of
5 Natural Resources and Conservation, composed of 8 persons.
6 The Board shall be composed of the Director of Natural
7 Resources (or the Director's designee), who shall be
8 chairman; the president of the University of Illinois, or his
9 or her representative; the president of Southern Illinois
10 University, or his or her representative; and one appointed
11 expert each in animal biology, geology, engineering,
12 chemistry, and plant biology, qualified by at least 10 years
13 of experience in practicing or teaching their several
14 professions. Appointed members of the Board shall be
15 appointed by the Governor, with the advice and consent of the
16 Senate.
17 The transfer of the Board to the Department under this
18 Act does not terminate or otherwise affect the term of
19 membership of any member of the Board, except for the change
20 in chairman.
21 (b) The Board, acting through 5 or more subcommittees,
22 each of which shall be composed of the Director of Natural
23 Resources, the president of the University of Illinois or his
24 representative, the president of Southern Illinois University
25 or his representative, and the expert advisor specially
26 qualified in the field of investigation, shall:
27 (1) consider and decide matters pertaining to
28 natural history, geology, water and atmospheric
29 resources, forestry, and allied research, investigation,
30 and scientific work;
31 (2) select and appoint, without reference to the
32 State civil service law, members of the scientific staff,
33 prosecuting such research, investigation, and scientific
34 work;
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1 (3) cooperate with the University of Illinois in
2 the use of scientific staff and equipment; and
3 (4) cooperate with the various departments of State
4 government in research, investigation, and scientific
5 work useful in the prosecution of the work of any
6 department.
7 (Source: P.A. 89-445, eff. 2-7-96; revised 3-7-96.)
8 Section 2-40. The Civil Administrative Code of Illinois
9 is amended by changing Section 71 as follows:
10 (20 ILCS 2005/71) (from Ch. 127, par. 63b17)
11 Sec. 71. A. The Department of Nuclear Safety shall
12 exercise, administer and enforce all rights, powers and
13 duties vested in the Department of Public Health by the
14 following named Acts or Sections thereof:
15 1. The Radiation Installation Act.
16 2. The Radiation Protection Act of 1990.
17 3. The Radioactive Waste Storage Act.
18 4. The Personnel Radiation Monitoring Act.
19 5. The Laser System Act.
20 6. The Illinois Nuclear Safety Preparedness Act.
21 B. All the rights, powers and duties vested in the
22 Director of Public Health by "An Act to create the Illinois
23 Commission on Atomic Energy, defining the powers and duties
24 of the Commission, and making an appropriation therefor",
25 effective September 10, 1971, as amended, are transferred to
26 the Director of Nuclear Safety. The Director of Nuclear
27 Safety, after the effective date this amendatory Act of 1980,
28 shall serve as an ex officio member of the Illinois
29 Commission on Atomic Energy in the place and stead of the
30 Director of Public Health.
31 C. The Department of Nuclear Safety shall exercise,
32 administer and enforce all rights, powers and duties:
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1 1. Vested in the Office of the State Fire Marshal
2 by the Boiler and Pressure Vessel Safety Act, to the
3 extent the rights, powers, and duties relate to nuclear
4 steam-generating facilities.
5 2. As relating to nuclear steam-generating
6 facilities, vested in the Board of Boiler and Pressure
7 Vessel Rules by the Boiler and Pressure Vessel Safety
8 Act, which includes but are not limited to the
9 formulation of definitions, rules and regulations for the
10 safe and proper construction, installation, repair, use,
11 and operation of nuclear steam-generating facilities, the
12 adoption of rules for already installed nuclear
13 steam-generating facilities, the adoption of rules for
14 accidents in nuclear steam-generating facilities, the
15 examination for or suspension of inspectors' licenses of
16 the facilities and the hearing of appeals from decisions
17 relating to the facilities.
18 3. As relating to nuclear steam-generating
19 facilities, vested in the State Fire Marshal or the Chief
20 Inspector by the Boiler and Pressure Vessel Safety Act,
21 which include but are not limited to the employment of
22 inspectors of nuclear steam-generating facilities,
23 issuance or suspension of their commissions, prosecution
24 of the Act or rules promulgated thereunder for violations
25 by nuclear steam-generating facilities, maintenance of
26 inspection records of all the facilities, publication of
27 rules relating to the facilities, having free access to
28 the facilities, issuance of inspection certificates of
29 the facilities and the furnishing of bonds conditioned
30 upon the faithful performance of their duties. The
31 Director of Nuclear Safety may designate a Chief
32 Inspector, or other inspectors, as he deems necessary to
33 perform the functions transferred by this subsection C.
34 The transfer of rights, powers, and duties specified in
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1 the immediately preceding paragraphs 1, 2, and 3 is limited
2 to the program transferred by this amendatory Act of 1980 and
3 shall not be deemed to abolish or diminish the exercise of
4 those same rights, powers, and duties by the Office of the
5 State Fire Marshal, the Board of Boiler and Pressure Vessel
6 Rules, the State Fire Marshal, or the Chief Inspector with
7 respect to programs retained by the Office of the State Fire
8 Marshal.
9 D. The Department of Nuclear Safety shall exercise,
10 administer, and enforce all rights, powers and duties vested
11 in the Environmental Protection Agency by paragraphs a, b, c,
12 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
13 and Sections 30-45 inclusive of the Environmental Protection
14 Act, to the extent that these powers relate to standards of
15 the Pollution Control Board adopted under subsection K of
16 this Section. The transfer of rights, powers, and duties
17 specified in this paragraph is limited to the program
18 transferred by this amendatory Act of 1980 and shall not be
19 deemed to abolish or diminish the exercise of those same
20 rights, powers, and duties by the Environmental Protection
21 Agency with respect to programs retained by the Environmental
22 Protection Agency.
23 E. The Department of Nuclear Safety, in lieu of the
24 Department of Public Health, shall register, license,
25 inspect, and control radiation sources and shall purchase,
26 lease, accept, or acquire lands, buildings and grounds where
27 radioactive wastes can be disposed, and to supervise and
28 regulate the operation of the disposal sites.
29 F. The Department of Nuclear Safety shall have primary
30 responsibility to formulate a comprehensive emergency
31 preparedness and response plan for any nuclear accident, and
32 shall develop such a plan in cooperation with the Illinois
33 Emergency Management Agency. The Department of Nuclear Safety
34 shall also train and maintain an emergency response team.
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1 G. The Department of Nuclear Safety shall formulate a
2 comprehensive plan regarding the transportation of nuclear
3 and radioactive materials in Illinois. The Department shall
4 have primary responsibility for all State governmental
5 regulation of the transportation of nuclear and radioactive
6 materials, insofar as the regulation pertains to the public
7 health and safety. This responsibility shall include but not
8 be limited to the authority to oversee and coordinate
9 regulatory functions performed by the Department of
10 Transportation, the Department of State Police, and the
11 Illinois Commerce Commission.
12 H. The Department of Nuclear Safety shall formulate a
13 comprehensive plan regarding disposal of nuclear and
14 radioactive materials in this State. The Department shall
15 establish minimum standards for disposal sites, shall
16 evaluate and publicize potential effects on the public health
17 and safety, and shall report to the Governor and General
18 Assembly all violations of the adopted standards. In
19 carrying out this function, the Department of Nuclear Safety
20 shall work in cooperation with the Illinois Commission on
21 Atomic Energy and the Radiation Protection Advisory Council.
22 I. The Department of Nuclear Safety, in cooperation with
23 the Department of Natural Resources, shall study (a) the
24 impact and cost of nuclear power and compare these to the
25 impact and cost of alternative sources of energy, (b) the
26 potential effects on the public health and safety of all
27 radioactive emissions from nuclear power plants, and (c) all
28 other factors that bear on the use of nuclear power or on
29 nuclear safety. The Department shall formulate a general
30 nuclear policy for the State based on the findings of the
31 study. The policy shall include but not be limited to the
32 feasibility of continued use of nuclear power, effects of the
33 use of nuclear power on the public health and safety, minimum
34 acceptable standards for the location of any future nuclear
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1 power plants, and rules and regulations for the reporting by
2 public utilities of radioactive emissions from power plants.
3 The Department shall establish a reliable system for
4 communication between the public and the Department and for
5 dissemination of information by the Department. The
6 Department shall publicize the findings of all studies and
7 make the publications reasonably available to the public.
8 J. The Department of Nuclear Safety shall have primary
9 responsibility for the coordination and oversight of all
10 State governmental functions concerning the regulation of
11 nuclear power, including low level waste management,
12 environmental monitoring, and transportation of nuclear
13 waste. Functions performed on the effective date of this
14 amendatory Act of 1980 by the Department of State Police,
15 Department of Transportation, and the Illinois Emergency
16 Management Agency in the area of nuclear safety may continue
17 to be performed by these agencies but under the direction of
18 the Department of Nuclear Safety. All other governmental
19 functions regulating nuclear safety shall be coordinated by
20 Department of Nuclear Safety.
21 K. The Department of Nuclear Safety shall enforce the
22 regulations promulgated by the Pollution Control Board under
23 Section 25b of the Environmental Protection Act. Under these
24 regulations the Department shall require that a person,
25 corporation, or public authority intending to construct a
26 nuclear steam-generating facility or a nuclear fuel
27 reprocessing plant file with the Department an environmental
28 feasibility report that incorporates the data provided in the
29 preliminary safety analysis required to be filed with the
30 United States Nuclear Regulatory Commission.
31 L. Personnel previously assigned to the programs
32 transferred from the Department of Public Health and the
33 Office of the State Fire Marshal are hereby transferred to
34 the Department of Nuclear Safety. The rights of the
HB1269 Enrolled -36- LRB9001000EGfg
1 employees, the State, and executive agencies under the
2 Personnel Code or any collective bargaining agreement, or
3 under any pension, retirement, or annuity plan shall not be
4 affected by this amendatory Act of 1980.
5 M. All books, records, papers, documents, property (real
6 or personal), unexpended appropriations and pending business
7 in any way pertaining to the rights, powers, and duties
8 transferred by this amendatory Act of 1980 shall be delivered
9 and transferred to the Department of Nuclear Safety.
10 N. All files, records, and data gathered by or under the
11 direction or authority of the Director under this Act shall
12 be made available to the Department of Public Health under
13 the Illinois Health and Hazardous Substances Registry Act.
14 O. The Department shall not issue or renew to any
15 individual any accreditation, certification, or registration
16 (but excluding registration under the Radiation Installation
17 Act) otherwise issued by the Department if the individual has
18 defaulted on an educational loan guaranteed by the Illinois
19 Student Assistance Commission; however, the Department may
20 issue or renew an accreditation, certification, or
21 registration if the individual has established a satisfactory
22 repayment record as determined by the Illinois Student
23 Assistance Commission. Additionally, any accreditation,
24 certification, or registration issued by the Department (but
25 excluding registration under the Radiation Installation Act)
26 may be suspended or revoked if the Department, after the
27 opportunity for a hearing under the appropriate
28 accreditation, certification, or registration Act, finds that
29 the holder has failed to make satisfactory repayment to the
30 Illinois Student Assistance Commission for a delinquent or
31 defaulted loan. For purposes of this Section, "satisfactory
32 repayment record" shall be defined by rule.
33 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
34 revised 3-11-96.)
HB1269 Enrolled -37- LRB9001000EGfg
1 Section 2-45. The Civil Administrative Code of Illinois
2 is amended by setting forth and renumbering multiple versions
3 of Section 60.2 as follows:
4 (20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
5 Sec. 60.2. Annual report. The Department of
6 Professional Regulation shall prepare and file with the
7 General Assembly during the second week of January in each
8 calendar year a written report setting forth with respect to
9 each professional, trade, or occupational school that is
10 regulated by the Department and that may not lawfully be
11 operated without a certificate of registration issued by the
12 Department:
13 (1) The number of written or verified complaints, by
14 license category, made or filed with the Department during
15 the immediately preceding calendar year alleging the
16 violation of any licensing Act administered by the
17 Department.
18 (2) The name and address of each such school with
19 respect to which or with respect to a representative of which
20 the Department, during the immediately preceding calendar
21 year, refused to issue or renew a certificate of registration
22 required for lawful operation of the school and the reasons
23 for that refusal.
24 (3) The name and address of each such school with
25 respect to which or with respect to a representative of which
26 the certificate of registration required for lawful
27 operation of the school was suspended, revoked, placed on
28 probation, reprimanded, or otherwise disciplined during the
29 immediately preceding calendar year and the reasons for that
30 discipline.
31 (4) The name and location of each such school at which
32 the Department made any on site inspection at any time during
33 the immediately preceding calendar year and the date or dates
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1 on which each such on site visit was made at that school.
2 (Source: P.A. 87-1008.)
3 (20 ILCS 2105/60.3)
4 Sec. 60.3. 60.2. Publication of disciplinary actions.
5 The Department shall publish, at least monthly, final
6 disciplinary actions taken by the Department against a
7 licensee or applicant pursuant to the Medical Practice Act of
8 1987. The specific disciplinary action and the name of the
9 applicant or licensee shall be listed. This publication
10 shall be made available to the public upon request and
11 payment of the fees set by the Department. This publication
12 may be made available to the public on the Internet through
13 the State of Illinois World Wide Web site.
14 (Source: P.A. 89-702, eff. 7-1-97; revised 1-29-97.)
15 Section 2-50. The Illinois Development Finance Authority
16 Act is amended by renumbering Sections 7-84, 7-85, and 7-86
17 as follows:
18 (20 ILCS 3505/7.84) (from Ch. 48, par. 850.07z24)
19 Sec. 7.84. 7-84. Additional security. In the event that
20 the Authority determines that funds pledged, intercepted or
21 otherwise received or to be received by the Authority under
22 Section 7.83 of this Act will not be sufficient for the
23 payment of the principal, premium, if any, and interest
24 during the next State fiscal year on any bonds issued by the
25 Authority under Sections 7.80 through 7.87, the Chairman, as
26 soon as is practicable, shall certify to the Governor the
27 amount required by the Authority to enable it to pay the
28 principal, premium, if any, and interest falling due on such
29 bonds. The Governor shall submit the amount so certified to
30 the General Assembly as soon as practicable, but no later
31 than the end of the current State fiscal year. This
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1 paragraph shall not apply to any bonds as to which the
2 Authority shall have determined, in the resolution
3 authorizing their issuance, that this paragraph shall not
4 apply. Whenever the Authority makes such a determination,
5 that fact shall be plainly stated on the face of such bonds
6 and that fact shall also be reported to the Governor.
7 In the event of a withdrawal of moneys from a debt
8 service reserve fund established with respect to any issue or
9 issues of bonds of the Authority to pay principal and
10 interest on those bonds, the Chairman, as soon as is
11 practicable, shall certify to the Governor the amount
12 required to restore such reserve fund to the level required
13 in the resolution or indenture securing the bonds. The
14 Governor shall submit the amount so certified to the General
15 Assembly as soon as practicable, but not later than the end
16 of the current State fiscal year.
17 (Source: P.A. 86-1211; 87-778; revised 2-7-97.)
18 (20 ILCS 3505/7.85) (from Ch. 48, par. 850.07z25)
19 Sec. 7.85. 7-85. Eligible Investments. Bonds issued by
20 the Authority pursuant to Sections 7.80 through 7.87 shall be
21 permissible investments within the provisions of Section 12.
22 (Source: P.A. 86-1211; revised 2-7-97.)
23 (20 ILCS 3505/7.86) (from Ch. 48, par. 850.07z26)
24 Sec. 7.86. 7-86. Tax exemption. The exercise of the
25 powers granted in Sections 7.80 through 7.87 are in all
26 respects for the benefit of the people of Illinois, and in
27 consideration thereof the bonds issued pursuant to the
28 aforementioned Sections and the income therefrom shall be
29 free from all taxation by the State or its political
30 subdivisions, except for estate, transfer and inheritance
31 taxes. For purposes of Section 250 of the Illinois Income
32 Tax Act, the exemption of the income from bonds issued under
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1 the aforementioned Sections shall terminate after all of the
2 bonds have been paid. The amount of such income that shall
3 be added and then subtracted on the Illinois income tax
4 return of a taxpayer, pursuant to Section 203 of the Illinois
5 Income Tax Act, from federal adjusted gross income or federal
6 taxable income in computing Illinois base income shall be the
7 interest net of any bond premium amortization.
8 (Source: P.A. 89-460, eff. 5-24-96; revised 11-1-96.)
9 Section 2-55. The Illinois Health Facilities Planning
10 Act is amended by changing Sections 3 and 4 and setting forth
11 and renumbering multiple versions of Section 12.1 as follows:
12 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
13 Sec. 3. As used in this Act:
14 "Health care facilities" means and includes the following
15 facilities and organizations:
16 1. An ambulatory surgical treatment center required
17 to be licensed pursuant to the Ambulatory Surgical
18 Treatment Center Act;
19 2. An institution, place, building, or agency
20 required to be licensed pursuant to the Hospital
21 Licensing Act;
22 3. Any institution required to be licensed pursuant
23 to the Nursing Home Care Act;
24 4. Hospitals, nursing homes, ambulatory surgical
25 treatment centers, or kidney disease treatment centers
26 maintained by the State or any department or agency
27 thereof; and
28 5. Kidney disease treatment centers, including a
29 free-standing hemodialysis unit.
30 No federally owned facility shall be subject to the
31 provisions of this Act, nor facilities used solely for
32 healing by prayer or spiritual means.
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1 No facility licensed under the Supportive Residences
2 Licensing Act shall be subject to the provisions of this Act.
3 A facility designated as a supportive living facility
4 that is in good standing with the demonstration project
5 established under Section 5-5.01a of the Illinois Public Aid
6 Code shall not be subject to the provisions of this Act.
7 This Act does not apply to facilities granted waivers
8 under Section 3-102.2 of the Nursing Home Care Act. However,
9 if a demonstration project under that Act applies for a
10 certificate of need to convert to a nursing facility, it
11 shall meet the licensure and certificate of need requirements
12 in effect as of the date of application.
13 With the exception of those health care facilities
14 specifically included in this Section, nothing in this Act
15 shall be intended to include facilities operated as a part of
16 the practice of a physician or other licensed health care
17 professional, whether practicing in his individual capacity
18 or within the legal structure of any partnership, medical or
19 professional corporation, or unincorporated medical or
20 professional group. Further, this Act shall not apply to
21 physicians or other licensed health care professional's
22 practices where such practices are carried out in a portion
23 of a health care facility under contract with such health
24 care facility by a physician or by other licensed health care
25 professionals, whether practicing in his individual capacity
26 or within the legal structure of any partnership, medical or
27 professional corporation, or unincorporated medical or
28 professional groups. This Act shall apply to construction or
29 modification and to establishment by such health care
30 facility of such contracted portion which is subject to
31 facility licensing requirements, irrespective of the party
32 responsible for such action or attendant financial
33 obligation.
34 "Person" means any one or more natural persons, legal
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1 entities, governmental bodies other than federal, or any
2 combination thereof.
3 "Consumer" means any person other than a person (a) whose
4 major occupation currently involves or whose official
5 capacity within the last 12 months has involved the
6 providing, administering or financing of any type of health
7 care facility, (b) who is engaged in health research or the
8 teaching of health, (c) who has a material financial interest
9 in any activity which involves the providing, administering
10 or financing of any type of health care facility, or (d) who
11 is or ever has been a member of the immediate family of the
12 person defined by (a), (b), or (c).
13 "State Board" means the Health Facilities Planning Board.
14 "Construction or modification" means the establishment,
15 erection, building, alteration, reconstruction,
16 modernization, improvement, extension, discontinuation,
17 change of ownership, of or by a health care facility, or the
18 purchase or acquisition by or through a health care facility
19 of equipment or service for diagnostic or therapeutic
20 purposes or for facility administration or operation, or any
21 capital expenditure made by or on behalf of a health care
22 facility which exceeds the capital expenditure minimum.
23 "Establish" means the construction of a health care
24 facility or the replacement of an existing facility on
25 another site.
26 "Major medical equipment" means medical equipment which
27 is used for the provision of medical and other health
28 services and which costs in excess of the capital expenditure
29 minimum, except that such term does not include medical
30 equipment acquired by or on behalf of a clinical laboratory
31 to provide clinical laboratory services if the clinical
32 laboratory is independent of a physician's office and a
33 hospital and it has been determined under Title XVIII of the
34 Social Security Act to meet the requirements of paragraphs
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1 (10) and (11) of Section 1861(s) of such Act. In determining
2 whether medical equipment has a value in excess of the
3 capital expenditure minimum, the value of studies, surveys,
4 designs, plans, working drawings, specifications, and other
5 activities essential to the acquisition of such equipment
6 shall be included.
7 "Capital Expenditure" means an expenditure: (A) made by
8 or on behalf of a health care facility (as such a facility is
9 defined in this Act); and (B) which under generally accepted
10 accounting principles is not properly chargeable as an
11 expense of operation and maintenance, or is made to obtain by
12 lease or comparable arrangement any facility or part thereof
13 or any equipment for a facility or part; and which exceeds
14 the capital expenditure minimum.
15 For the purpose of this paragraph, the cost of any
16 studies, surveys, designs, plans, working drawings,
17 specifications, and other activities essential to the
18 acquisition, improvement, expansion, or replacement of any
19 plant or equipment with respect to which an expenditure is
20 made shall be included in determining if such expenditure
21 exceeds the capital expenditures minimum. Donations of
22 equipment or facilities to a health care facility which if
23 acquired directly by such facility would be subject to review
24 under this Act shall be considered capital expenditures, and
25 a transfer of equipment or facilities for less than fair
26 market value shall be considered a capital expenditure for
27 purposes of this Act if a transfer of the equipment or
28 facilities at fair market value would be subject to review.
29 "Capital expenditure minimum" means $1,000,000 for major
30 medical equipment and $2,000,000 for all other capital
31 expenditures, both of which shall be annually adjusted to
32 reflect the increase in construction costs due to inflation.
33 "Areawide" means a major area of the State delineated on
34 a geographic, demographic, and functional basis for health
HB1269 Enrolled -44- LRB9001000EGfg
1 planning and for health service and having within it one or
2 more local areas for health planning and health service. The
3 term "region", as contrasted with the term "subregion", and
4 the word "area" may be used synonymously with the term
5 "areawide".
6 "Local" means a subarea of a delineated major area that
7 on a geographic, demographic, and functional basis may be
8 considered to be part of such major area. The term
9 "subregion" may be used synonymously with the term "local".
10 "Areawide health planning organization" or "Comprehensive
11 health planning organization" means the health systems agency
12 designated by the Secretary, Department of Health and Human
13 Services or any successor agency.
14 "Local health planning organization" means those local
15 health planning organizations that are designated as such by
16 the areawide health planning organization of the appropriate
17 area.
18 "Physician" means a person licensed to practice in
19 accordance with the Medical Practice Act of 1987, as amended.
20 "Licensed health care professional" means a person
21 licensed to practice a health profession under pertinent
22 licensing statutes of the State of Illinois.
23 "Director" means the Director of the Illinois Department
24 of Public Health.
25 "Agency" means the Illinois Department of Public Health.
26 "Comprehensive health planning" means health planning
27 concerned with the total population and all health and
28 associated problems that affect the well-being of people and
29 that encompasses health services, health manpower, and health
30 facilities; and the coordination among these and with those
31 social, economic, and environmental factors that affect
32 health.
33 "Alternative health care model" means a facility or
34 program authorized under the Alternative Health Care Delivery
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1 Act.
2 (Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
3 7-19-96; revised 8-15-96.)
4 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
5 Sec. 4. There is created the Health Facilities Planning
6 Board, which shall perform such functions as hereinafter
7 described in this Act.
8 The State Board shall consist of 15 voting members,
9 including: 8 consumer members; one member representing the
10 commercial health insurance industry in Illinois; one member
11 representing proprietary hospitals in Illinois; one member
12 who is actively engaged in the field of hospital management;
13 one member who is a professional nurse registered in
14 Illinois; one member who is a physician in active private
15 practice licensed in Illinois to practice medicine in all of
16 its branches; one member who is actively engaged in the field
17 of skilled nursing or intermediate care facility management;
18 and one member who is actively engaged in the administration
19 of an ambulatory surgical treatment center licensed under the
20 Ambulatory Surgical Treatment Center Act.
21 The State Board shall be appointed by the Governor, with
22 the advice and consent of the Senate. In making the
23 appointments, the Governor shall give consideration to
24 recommendations made by (1) the professional organizations
25 concerned with hospital management for the hospital
26 management appointment, (2) professional organizations
27 concerned with long term care facility management for the
28 long term care facility management appointment, (3)
29 professional medical organizations for the physician
30 appointment, (4) professional nursing organizations for the
31 nurse appointment, and (5) professional organizations
32 concerned with ambulatory surgical treatment centers for the
33 ambulatory surgical treatment center appointment, and shall
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1 appoint as consumer members individuals familiar with
2 community health needs but whose interest in the operation,
3 construction or utilization of health care facilities are
4 derived from factors other than those related to his
5 profession, business, or economic gain, and who represent, so
6 far as possible, different geographic areas of the State. Not
7 more than 8 of the appointments shall be of the same
8 political party.
9 The Secretary of Human Services, the Director of Public
10 Aid, and the Director of Public Health, or their designated
11 representatives, shall serve as ex-officio, non-voting
12 members of the State Board.
13 Of those appointed by the Governor as voting members,
14 each member shall hold office for a term of 3 years:
15 provided, that any member appointed to fill a vacancy
16 occurring prior to the expiration of the term for which his
17 predecessor was appointed shall be appointed for the
18 remainder of such term and the term of office of each
19 successor shall commence on July 1 of the year in which his
20 predecessor's term expires. In making original appointments
21 to the State Board, the Governor shall appoint 5 members for
22 a term of one year, 5 for a term of 2 years, and 3 for a term
23 of 3 years, and each of these terms of office shall commence
24 on July 1, 1974. The initial term of office for the members
25 appointed under this amendatory Act of 1996 shall begin on
26 July 1, 1996 and shall last for 2 years, and each subsequent
27 appointment shall be for a term of 3 years. Each member
28 shall hold office until his successor is appointed and
29 qualified.
30 State Board members, while serving on business of the
31 State Board, shall receive actual and necessary travel and
32 subsistence expenses while so serving away from their places
33 of residence. In addition, while serving on business of the
34 State Board, each member shall receive compensation of $150
HB1269 Enrolled -47- LRB9001000EGfg
1 per day, except that such compensation shall not exceed
2 $7,500 in any one year for any member.
3 The State Board shall provide for its own organization
4 and procedures, including the selection of a Chairman and
5 such other officers as deemed necessary. The Director, with
6 concurrence of the State Board, shall name as full-time
7 Executive Secretary of the State Board, a person qualified in
8 health care facility planning and in administration. The
9 Agency shall provide administrative and staff support for the
10 State Board. The State Board shall advise the Director of
11 its budgetary and staff needs and consult with the Director
12 on annual budget preparation.
13 The State Board shall meet at least once each quarter, or
14 as often as the Chairman of the State Board deems necessary,
15 or upon the request of a majority of the members.
16 Eight members of the State Board shall constitute a
17 quorum. The affirmative vote of 8 of the members of the
18 State Board shall be necessary for any action requiring a
19 vote to be taken by the State Board. A vacancy in the
20 membership of the State Board shall not impair the right of a
21 quorum to exercise all the rights and perform all the duties
22 of the State Board as provided by this Act.
23 (Source: P.A. 88-490; 89-507, eff. 7-1-97; 89-674, eff.
24 8-14-96; revised 9-12-96.)
25 (20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1)
26 Sec. 12.1. The State Board shall, by rule, define terms
27 and set those conditions necessary to implement the Health
28 Care Worker Self-Referral Act. The rules shall be
29 promulgated and adopted exclusively and solely by the State
30 Board.
31 (Source: P.A. 87-1207.)
32 (20 ILCS 3960/12.2)
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1 Sec. 12.2. 12.1. Powers of the Agency. For purposes of
2 this Act, the Agency shall exercise the following powers and
3 duties:
4 (1) Review applications for permits and exemptions in
5 accordance with the standards, criteria, and plans of need
6 established by the State Board under this Act and certify its
7 finding to the State Board.
8 (2) Charge and collect an amount determined by the State
9 Board to be reasonable fees for the processing of
10 applications by the State Board, the Agency, and the
11 appropriate recognized areawide health planning organization.
12 The State Board shall set the amounts by rule. All fees and
13 fines collected under the provisions of this Act shall be
14 deposited into the Illinois Health Facilities Planning Fund
15 to be used for the expenses of administering this Act.
16 (3) Coordinate with other State agencies having
17 responsibilities affecting health care facilities, including
18 those of licensure and cost reporting.
19 (Source: P.A. 89-276, eff. 8-10-95; revised 1-7-97.)
20 Section 2-65. The State Finance Act is amended by
21 setting forth and renumbering multiple versions of Sections
22 5.402, 5.432, and 5.433 and changing Section 25 as follows:
23 (30 ILCS 105/5.402)
24 Sec. 5.402. The Eastern Illinois University Income Fund.
25 (Source: P.A. 89-4, eff. 1-1-96; 89-626, eff. 8-9-96.)
26 (30 ILCS 105/5.432)
27 Sec. 5.432. The State D.A.R.E. Fund.
28 (Source: P.A. 89-621, eff. 1-1-97.)
29 (30 ILCS 105/5.433)
30 Sec. 5.433. The County D.A.R.E. Fund.
HB1269 Enrolled -49- LRB9001000EGfg
1 (Source: P.A. 89-621, eff. 1-1-97.)
2 (30 ILCS 105/5.435)
3 Sec. 5.435. 5.402. The Illinois Fire Fighters' Memorial
4 Fund.
5 (Source: P.A. 89-612, eff. 8-9-96; revised 10-24-96.)
6 (30 ILCS 105/5.436)
7 Sec. 5.436. 5.432. The Livestock Management Facilities
8 Fund.
9 (Source: P.A. 89-456, eff. 5-21-96; revised 10-24-96.)
10 (30 ILCS 105/5.437)
11 Sec. 5.437. 5.432. The Alternative Compliance Market
12 Account Fund.
13 (Source: P.A. 89-465, eff. 6-13-96; revised 10-24-96.)
14 (30 ILCS 105/5.438)
15 Sec. 5.438. 5.432. The Gang Crime Witness Protection
16 Fund.
17 (Source: P.A. 89-498, eff. 6-27-96; revised 10-24-96.)
18 (30 ILCS 105/5.439)
19 Sec. 5.439. 5.432. The Health Care Facility and Program
20 Survey Fund.
21 (Source: P.A. 89-499, eff. 8-26-96; revised 10-24-96.)
22 (30 ILCS 105/5.440)
23 Sec. 5.440. 5.432. The Secretary of State Special
24 Services Fund.
25 (Source: P.A. 89-503, eff. 7-1-96; revised 10-24-96.)
26 (30 ILCS 105/5.441)
27 Sec. 5.441. 5.432. The Medical Research and Development
HB1269 Enrolled -50- LRB9001000EGfg
1 Fund.
2 (Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
3 (30 ILCS 105/5.442)
4 Sec. 5.442. 5.433. The Post-Tertiary Clinical Services
5 Fund.
6 (Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
7 (30 ILCS 105/5.443)
8 Sec. 5.443. 5.432. The Comptroller's Administrative
9 Fund.
10 (Source: P.A. 89-511, eff. 1-1-97; 89-615, eff. 8-9-96;
11 revised 10-24-96.)
12 (30 ILCS 105/5.444)
13 Sec. 5.444. 5.432. The Illinois Student Assistance
14 Commission Higher EdNet Fund.
15 (Source: P.A. 89-512, eff. 7-11-96; revised 10-24-96.)
16 (30 ILCS 105/5.445)
17 Sec. 5.445. 5.432. The Wildlife Prairie Park Fund.
18 (Source: P.A. 89-611, eff. 1-1-97; revised 10-24-96.)
19 (30 ILCS 105/5.446)
20 Sec. 5.446. 5.432. The Master Mason Fund.
21 (Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
22 (30 ILCS 105/5.447)
23 Sec. 5.447. 5.433. The Knights of Columbus Fund.
24 (Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
25 (30 ILCS 105/5.448)
26 Sec. 5.448. 5.432. The Court of Claims Administration
27 and Grant Fund.
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1 (Source: P.A. 89-670, eff. 8-14-96; revised 10-24-96.)
2 (30 ILCS 105/25) (from Ch. 127, par. 161)
3 Sec. 25. Fiscal year limitations.
4 (a) All appropriations shall be available for
5 expenditure for the fiscal year or for a lesser period if the
6 Act making that appropriation so specifies. A deficiency or
7 emergency appropriation shall be available for expenditure
8 only through June 30 of the year when the Act making that
9 appropriation is enacted unless that Act otherwise provides.
10 (b) Outstanding liabilities as of June 30, payable from
11 appropriations which have otherwise expired, may be paid out
12 of the expiring appropriations during the 2-month period
13 ending at the close of business on August 31. Any service
14 involving professional or artistic skills or any personal
15 services by an employee whose compensation is subject to
16 income tax withholding must be performed as of June 30 of the
17 fiscal year in order to be considered an "outstanding
18 liability as of June 30" that is thereby eligible for payment
19 out of the expiring appropriation.
20 However, payment of tuition reimbursement claims under
21 Section 14-7.03 or 18-3 of the School Code may be made by the
22 State Board of Education from its appropriations for those
23 respective purposes for any fiscal year, even though the
24 claims reimbursed by the payment may be claims attributable
25 to a prior fiscal year, and payments may be made at the
26 direction of the State Superintendent of Education from the
27 fund from which the appropriation is made without regard to
28 any fiscal year limitations.
29 Medical payments may be made by the Department of Public
30 Aid and child care payments may be made by the Department of
31 Human Services (as successor to the Department of Public Aid)
32 from appropriations for those purposes for any fiscal year,
33 without regard to the fact that the medical or child care
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1 services being compensated for by such payment may have been
2 rendered in a prior fiscal year; and payments may be made at
3 the direction of the Department of Central Management
4 Services from the Health Insurance Reserve Fund and the Local
5 Government Health Insurance Reserve Fund without regard to
6 any fiscal year limitations.
7 Additionally, payments may be made by the Department of
8 Human Services from its appropriations, or any other State
9 agency from its appropriations with the approval of the
10 Department of Human Services, from the Immigration Reform and
11 Control Fund for purposes authorized pursuant to the
12 Immigration Reform and Control Act of 1986, without regard to
13 any fiscal year limitations.
14 (c) Further, payments may be made by the Department of
15 Public Health and the Department of Human Services (acting as
16 successor to the Department of Public Health under the
17 Department of Human Services Act) from their respective
18 appropriations for grants for medical care to or on behalf of
19 persons suffering from chronic renal disease, persons
20 suffering from hemophilia, rape victims, and premature and
21 high-mortality risk infants and their mothers and for grants
22 for supplemental food supplies provided under the United
23 States Department of Agriculture Women, Infants and Children
24 Nutrition Program, for any fiscal year without regard to the
25 fact that the services being compensated for by such payment
26 may have been rendered in a prior fiscal year.
27 (d) The Department of Public Health and the Department
28 of Human Services (acting as successor to the Department of
29 Public Health under the Department of Human Services Act)
30 shall each annually submit to the State Comptroller, Senate
31 President, Senate Minority Leader, Speaker of the House,
32 House Minority Leader, and the respective Chairmen and
33 Minority Spokesmen of the Appropriations Committees of the
34 Senate and the House, on or before December 31, a report of
HB1269 Enrolled -53- LRB9001000EGfg
1 fiscal year funds used to pay for services provided in any
2 prior fiscal year. This report shall document by program or
3 service category those expenditures from the most recently
4 completed fiscal year used to pay for services provided in
5 prior fiscal years.
6 (e) The Department of Public Aid and the Department of
7 Human Services (acting as successor to the Department of
8 Public Aid) shall each annually submit to the State
9 Comptroller, Senate President, Senate Minority Leader,
10 Speaker of the House, House Minority Leader, the respective
11 Chairmen and Minority Spokesmen of the Appropriations
12 Committees of the Senate and the House, on or before November
13 30, a report that shall document by program or service
14 category those expenditures from the most recently completed
15 fiscal year used to pay for (i) services provided in prior
16 fiscal years and (ii) services for which claims were received
17 in prior fiscal years.
18 (f) The Department of Human Services (as successor to
19 the Department of Public Aid) shall annually submit to the
20 State Comptroller, Senate President, Senate Minority Leader,
21 Speaker of the House, House Minority Leader, and the
22 respective Chairmen and Minority Spokesmen of the
23 Appropriations Committees of the Senate and the House, on or
24 before December 31, a report of fiscal year funds used to pay
25 for services (other than medical care) provided in any prior
26 fiscal year. This report shall document by program or
27 service category those expenditures from the most recently
28 completed fiscal year used to pay for services provided in
29 prior fiscal years.
30 (g) In addition, each annual report required to be
31 submitted by the Department of Public Aid under subsection
32 (e) shall include the following information with respect to
33 the State's Medicaid program:
34 (1) Explanations of the exact causes of the
HB1269 Enrolled -54- LRB9001000EGfg
1 variance between the previous year's estimated and actual
2 liabilities.
3 (2) Factors affecting the Department of Public
4 Aid's liabilities, including but not limited to numbers
5 of aid recipients, levels of medical service utilization
6 by aid recipients, and inflation in the cost of medical
7 services.
8 (3) The results of the Department's efforts to
9 combat fraud and abuse.
10 (h) As provided in Section 4 of the General Assembly
11 Compensation Act, any utility bill for service provided to a
12 General Assembly member's district office for a period
13 including portions of 2 consecutive fiscal years may be paid
14 from funds appropriated for such expenditure in either fiscal
15 year.
16 (i) An agency which administers a fund classified by the
17 Comptroller as an internal service fund may issue rules for:
18 (1) billing user agencies in advance based on
19 estimated charges for goods or services;
20 (2) issuing credits during the subsequent fiscal
21 year for all user agency payments received during the
22 prior fiscal year which were in excess of the final
23 amounts owed by the user agency for that period; and
24 (3) issuing catch-up billings to user agencies
25 during the subsequent fiscal year for amounts remaining
26 due when payments received from the user agency during
27 the prior fiscal year were less than the total amount
28 owed for that period.
29 User agencies are authorized to reimburse internal service
30 funds for catch-up billings by vouchers drawn against their
31 respective appropriations for the fiscal year in which the
32 catch-up billing was issued.
33 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
34 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
HB1269 Enrolled -55- LRB9001000EGfg
1 1-1-97; revised 9-10-96.)
2 Section 2-70. The State Mandates Act is amended by
3 changing, combining, and renumbering multiple versions of
4 Sections 8.20 and 8.21 as follows:
5 (30 ILCS 805/8.20)
6 Sec. 8.20. 8.21. Exempt mandates mandate.
7 Notwithstanding Sections 6 and 8 of this Act, no
8 reimbursement by the State is required for the implementation
9 of any mandate created by Public Act 89-510, 89-513, 89-514,
10 89-606, 89-617, 89-643, 89-671, 89-683, 89-690, or 89-705
11 this amendatory Act of 1996 1997.
12 (Source: P.A. 89-510, eff. 7-11-96; 89-513, eff. 9-15-96;
13 89-514, eff. 7-17-96; 89-606, eff. 1-1-97; 89-617, eff.
14 9-1-96; 89-643, eff. 8-9-96; 89-671, eff. 8-14-96; 89-683,
15 eff. 6-1-97; 89-690, eff. 6-1-97; 89-705, eff. 1-31-97;
16 revised 2-12-97.)
17 Section 2-75. The Use Tax Act is amended by changing
18 Section 3-5 as follows:
19 (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
20 Sec. 3-5. Exemptions. Use of the following tangible
21 personal property is exempt from the tax imposed by this Act:
22 (1) Personal property purchased from a corporation,
23 society, association, foundation, institution, or
24 organization, other than a limited liability company, that is
25 organized and operated as a not-for-profit service enterprise
26 for the benefit of persons 65 years of age or older if the
27 personal property was not purchased by the enterprise for the
28 purpose of resale by the enterprise.
29 (2) Personal property purchased by a not-for-profit
30 Illinois county fair association for use in conducting,
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1 operating, or promoting the county fair.
2 (3) Personal property purchased by a not-for-profit
3 music or dramatic arts organization that establishes, by
4 proof required by the Department by rule, that it has
5 received an exemption under Section 501(c)(3) of the Internal
6 Revenue Code and that is organized and operated for the
7 presentation of live public performances of musical or
8 theatrical works on a regular basis.
9 (4) Personal property purchased by a governmental body,
10 by a corporation, society, association, foundation, or
11 institution organized and operated exclusively for
12 charitable, religious, or educational purposes, or by a
13 not-for-profit corporation, society, association, foundation,
14 institution, or organization that has no compensated officers
15 or employees and that is organized and operated primarily for
16 the recreation of persons 55 years of age or older. A limited
17 liability company may qualify for the exemption under this
18 paragraph only if the limited liability company is organized
19 and operated exclusively for educational purposes. On and
20 after July 1, 1987, however, no entity otherwise eligible for
21 this exemption shall make tax-free purchases unless it has an
22 active exemption identification number issued by the
23 Department.
24 (5) A passenger car that is a replacement vehicle to the
25 extent that the purchase price of the car is subject to the
26 Replacement Vehicle Tax.
27 (6) Graphic arts machinery and equipment, including
28 repair and replacement parts, both new and used, and
29 including that manufactured on special order, certified by
30 the purchaser to be used primarily for graphic arts
31 production, and including machinery and equipment purchased
32 for lease.
33 (7) Farm chemicals.
34 (8) Legal tender, currency, medallions, or gold or
HB1269 Enrolled -57- LRB9001000EGfg
1 silver coinage issued by the State of Illinois, the
2 government of the United States of America, or the government
3 of any foreign country, and bullion.
4 (9) Personal property purchased from a teacher-sponsored
5 student organization affiliated with an elementary or
6 secondary school located in Illinois.
7 (10) A motor vehicle of the first division, a motor
8 vehicle of the second division that is a self-contained motor
9 vehicle designed or permanently converted to provide living
10 quarters for recreational, camping, or travel use, with
11 direct walk through to the living quarters from the driver's
12 seat, or a motor vehicle of the second division that is of
13 the van configuration designed for the transportation of not
14 less than 7 nor more than 16 passengers, as defined in
15 Section 1-146 of the Illinois Vehicle Code, that is used for
16 automobile renting, as defined in the Automobile Renting
17 Occupation and Use Tax Act.
18 (11) Farm machinery and equipment, both new and used,
19 including that manufactured on special order, certified by
20 the purchaser to be used primarily for production agriculture
21 or State or federal agricultural programs, including
22 individual replacement parts for the machinery and equipment,
23 and including machinery and equipment purchased for lease,
24 but excluding motor vehicles required to be registered under
25 the Illinois Vehicle Code.
26 (12) Fuel and petroleum products sold to or used by an
27 air common carrier, certified by the carrier to be used for
28 consumption, shipment, or storage in the conduct of its
29 business as an air common carrier, for a flight destined for
30 or returning from a location or locations outside the United
31 States without regard to previous or subsequent domestic
32 stopovers.
33 (13) Proceeds of mandatory service charges separately
34 stated on customers' bills for the purchase and consumption
HB1269 Enrolled -58- LRB9001000EGfg
1 of food and beverages purchased at retail from a retailer, to
2 the extent that the proceeds of the service charge are in
3 fact turned over as tips or as a substitute for tips to the
4 employees who participate directly in preparing, serving,
5 hosting or cleaning up the food or beverage function with
6 respect to which the service charge is imposed.
7 (14) Oil field exploration, drilling, and production
8 equipment, including (i) rigs and parts of rigs, rotary rigs,
9 cable tool rigs, and workover rigs, (ii) pipe and tubular
10 goods, including casing and drill strings, (iii) pumps and
11 pump-jack units, (iv) storage tanks and flow lines, (v) any
12 individual replacement part for oil field exploration,
13 drilling, and production equipment, and (vi) machinery and
14 equipment purchased for lease; but excluding motor vehicles
15 required to be registered under the Illinois Vehicle Code.
16 (15) Photoprocessing machinery and equipment, including
17 repair and replacement parts, both new and used, including
18 that manufactured on special order, certified by the
19 purchaser to be used primarily for photoprocessing, and
20 including photoprocessing machinery and equipment purchased
21 for lease.
22 (16) Coal exploration, mining, offhighway hauling,
23 processing, maintenance, and reclamation equipment, including
24 replacement parts and equipment, and including equipment
25 purchased for lease, but excluding motor vehicles required to
26 be registered under the Illinois Vehicle Code.
27 (17) Distillation machinery and equipment, sold as a
28 unit or kit, assembled or installed by the retailer,
29 certified by the user to be used only for the production of
30 ethyl alcohol that will be used for consumption as motor fuel
31 or as a component of motor fuel for the personal use of the
32 user, and not subject to sale or resale.
33 (18) Manufacturing and assembling machinery and
34 equipment used primarily in the process of manufacturing or
HB1269 Enrolled -59- LRB9001000EGfg
1 assembling tangible personal property for wholesale or retail
2 sale or lease, whether that sale or lease is made directly by
3 the manufacturer or by some other person, whether the
4 materials used in the process are owned by the manufacturer
5 or some other person, or whether that sale or lease is made
6 apart from or as an incident to the seller's engaging in the
7 service occupation of producing machines, tools, dies, jigs,
8 patterns, gauges, or other similar items of no commercial
9 value on special order for a particular purchaser.
10 (19) Personal property delivered to a purchaser or
11 purchaser's donee inside Illinois when the purchase order for
12 that personal property was received by a florist located
13 outside Illinois who has a florist located inside Illinois
14 deliver the personal property.
15 (20) Semen used for artificial insemination of livestock
16 for direct agricultural production.
17 (21) Horses, or interests in horses, registered with and
18 meeting the requirements of any of the Arabian Horse Club
19 Registry of America, Appaloosa Horse Club, American Quarter
20 Horse Association, United States Trotting Association, or
21 Jockey Club, as appropriate, used for purposes of breeding or
22 racing for prizes.
23 (22) Computers and communications equipment utilized
24 for any hospital purpose and equipment used in the diagnosis,
25 analysis, or treatment of hospital patients purchased by a
26 lessor who leases the equipment, under a lease of one year or
27 longer executed or in effect at the time the lessor would
28 otherwise be subject to the tax imposed by this Act, to a
29 hospital that has been issued an active tax exemption
30 identification number by the Department under Section 1g of
31 the Retailers' Occupation Tax Act. If the equipment is
32 leased in a manner that does not qualify for this exemption
33 or is used in any other non-exempt manner, the lessor shall
34 be liable for the tax imposed under this Act or the Service
HB1269 Enrolled -60- LRB9001000EGfg
1 Use Tax Act, as the case may be, based on the fair market
2 value of the property at the time the non-qualifying use
3 occurs. No lessor shall collect or attempt to collect an
4 amount (however designated) that purports to reimburse that
5 lessor for the tax imposed by this Act or the Service Use Tax
6 Act, as the case may be, if the tax has not been paid by the
7 lessor. If a lessor improperly collects any such amount from
8 the lessee, the lessee shall have a legal right to claim a
9 refund of that amount from the lessor. If, however, that
10 amount is not refunded to the lessee for any reason, the
11 lessor is liable to pay that amount to the Department.
12 (23) Personal property purchased by a lessor who leases
13 the property, under a lease of one year or longer executed
14 or in effect at the time the lessor would otherwise be
15 subject to the tax imposed by this Act, to a governmental
16 body that has been issued an active sales tax exemption
17 identification number by the Department under Section 1g of
18 the Retailers' Occupation Tax Act. If the property is leased
19 in a manner that does not qualify for this exemption or used
20 in any other non-exempt manner, the lessor shall be liable
21 for the tax imposed under this Act or the Service Use Tax
22 Act, as the case may be, based on the fair market value of
23 the property at the time the non-qualifying use occurs. No
24 lessor shall collect or attempt to collect an amount (however
25 designated) that purports to reimburse that lessor for the
26 tax imposed by this Act or the Service Use Tax Act, as the
27 case may be, if the tax has not been paid by the lessor. If
28 a lessor improperly collects any such amount from the lessee,
29 the lessee shall have a legal right to claim a refund of that
30 amount from the lessor. If, however, that amount is not
31 refunded to the lessee for any reason, the lessor is liable
32 to pay that amount to the Department.
33 (24) Beginning with taxable years ending on or after
34 December 31, 1995 and ending with taxable years ending on or
HB1269 Enrolled -61- LRB9001000EGfg
1 before December 31, 2004, personal property that is donated
2 for disaster relief to be used in a State or federally
3 declared disaster area in Illinois or bordering Illinois by a
4 manufacturer or retailer that is registered in this State to
5 a corporation, society, association, foundation, or
6 institution that has been issued a sales tax exemption
7 identification number by the Department that assists victims
8 of the disaster who reside within the declared disaster area.
9 (25) Beginning with taxable years ending on or after
10 December 31, 1995 and ending with taxable years ending on or
11 before December 31, 2004, personal property that is used in
12 the performance of infrastructure repairs in this State,
13 including but not limited to municipal roads and streets,
14 access roads, bridges, sidewalks, waste disposal systems,
15 water and sewer line extensions, water distribution and
16 purification facilities, storm water drainage and retention
17 facilities, and sewage treatment facilities, resulting from a
18 State or federally declared disaster in Illinois or bordering
19 Illinois when such repairs are initiated on facilities
20 located in the declared disaster area within 6 months after
21 the disaster.
22 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
23 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
24 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
25 eff. 8-9-96; revised 8-21-96.)
26 Section 2-80. The Service Use Tax Act is amended by
27 changing Section 3-5 as follows:
28 (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
29 Sec. 3-5. Exemptions. Use of the following tangible
30 personal property is exempt from the tax imposed by this Act:
31 (1) Personal property purchased from a corporation,
32 society, association, foundation, institution, or
HB1269 Enrolled -62- LRB9001000EGfg
1 organization, other than a limited liability company, that is
2 organized and operated as a not-for-profit service enterprise
3 for the benefit of persons 65 years of age or older if the
4 personal property was not purchased by the enterprise for the
5 purpose of resale by the enterprise.
6 (2) Personal property purchased by a non-profit Illinois
7 county fair association for use in conducting, operating, or
8 promoting the county fair.
9 (3) Personal property purchased by a not-for-profit
10 music or dramatic arts organization that establishes, by
11 proof required by the Department by rule, that it has
12 received an exemption under Section 501(c)(3) of the Internal
13 Revenue Code and that is organized and operated for the
14 presentation of live public performances of musical or
15 theatrical works on a regular basis.
16 (4) Legal tender, currency, medallions, or gold or
17 silver coinage issued by the State of Illinois, the
18 government of the United States of America, or the government
19 of any foreign country, and bullion.
20 (5) Graphic arts machinery and equipment, including
21 repair and replacement parts, both new and used, and
22 including that manufactured on special order or purchased for
23 lease, certified by the purchaser to be used primarily for
24 graphic arts production.
25 (6) Personal property purchased from a teacher-sponsored
26 student organization affiliated with an elementary or
27 secondary school located in Illinois.
28 (7) Farm machinery and equipment, both new and used,
29 including that manufactured on special order, certified by
30 the purchaser to be used primarily for production agriculture
31 or State or federal agricultural programs, including
32 individual replacement parts for the machinery and equipment,
33 and including machinery and equipment purchased for lease,
34 but excluding motor vehicles required to be registered under
HB1269 Enrolled -63- LRB9001000EGfg
1 the Illinois Vehicle Code.
2 (8) Fuel and petroleum products sold to or used by an
3 air common carrier, certified by the carrier to be used for
4 consumption, shipment, or storage in the conduct of its
5 business as an air common carrier, for a flight destined for
6 or returning from a location or locations outside the United
7 States without regard to previous or subsequent domestic
8 stopovers.
9 (9) Proceeds of mandatory service charges separately
10 stated on customers' bills for the purchase and consumption
11 of food and beverages acquired as an incident to the purchase
12 of a service from a serviceman, to the extent that the
13 proceeds of the service charge are in fact turned over as
14 tips or as a substitute for tips to the employees who
15 participate directly in preparing, serving, hosting or
16 cleaning up the food or beverage function with respect to
17 which the service charge is imposed.
18 (10) Oil field exploration, drilling, and production
19 equipment, including (i) rigs and parts of rigs, rotary rigs,
20 cable tool rigs, and workover rigs, (ii) pipe and tubular
21 goods, including casing and drill strings, (iii) pumps and
22 pump-jack units, (iv) storage tanks and flow lines, (v) any
23 individual replacement part for oil field exploration,
24 drilling, and production equipment, and (vi) machinery and
25 equipment purchased for lease; but excluding motor vehicles
26 required to be registered under the Illinois Vehicle Code.
27 (11) Proceeds from the sale of photoprocessing machinery
28 and equipment, including repair and replacement parts, both
29 new and used, including that manufactured on special order,
30 certified by the purchaser to be used primarily for
31 photoprocessing, and including photoprocessing machinery and
32 equipment purchased for lease.
33 (12) Coal exploration, mining, offhighway hauling,
34 processing, maintenance, and reclamation equipment, including
HB1269 Enrolled -64- LRB9001000EGfg
1 replacement parts and equipment, and including equipment
2 purchased for lease, but excluding motor vehicles required to
3 be registered under the Illinois Vehicle Code.
4 (13) Semen used for artificial insemination of livestock
5 for direct agricultural production.
6 (14) Horses, or interests in horses, registered with and
7 meeting the requirements of any of the Arabian Horse Club
8 Registry of America, Appaloosa Horse Club, American Quarter
9 Horse Association, United States Trotting Association, or
10 Jockey Club, as appropriate, used for purposes of breeding or
11 racing for prizes.
12 (15) Computers and communications equipment utilized for
13 any hospital purpose and equipment used in the diagnosis,
14 analysis, or treatment of hospital patients purchased by a
15 lessor who leases the equipment, under a lease of one year or
16 longer executed or in effect at the time the lessor would
17 otherwise be subject to the tax imposed by this Act, to a
18 hospital that has been issued an active tax exemption
19 identification number by the Department under Section 1g of
20 the Retailers' Occupation Tax Act. If the equipment is leased
21 in a manner that does not qualify for this exemption or is
22 used in any other non-exempt manner, the lessor shall be
23 liable for the tax imposed under this Act or the Use Tax Act,
24 as the case may be, based on the fair market value of the
25 property at the time the non-qualifying use occurs. No
26 lessor shall collect or attempt to collect an amount (however
27 designated) that purports to reimburse that lessor for the
28 tax imposed by this Act or the Use Tax Act, as the case may
29 be, if the tax has not been paid by the lessor. If a lessor
30 improperly collects any such amount from the lessee, the
31 lessee shall have a legal right to claim a refund of that
32 amount from the lessor. If, however, that amount is not
33 refunded to the lessee for any reason, the lessor is liable
34 to pay that amount to the Department.
HB1269 Enrolled -65- LRB9001000EGfg
1 (16) Personal property purchased by a lessor who leases
2 the property, under a lease of one year or longer executed or
3 in effect at the time the lessor would otherwise be subject
4 to the tax imposed by this Act, to a governmental body that
5 has been issued an active tax exemption identification number
6 by the Department under Section 1g of the Retailers'
7 Occupation Tax Act. If the property is leased in a manner
8 that does not qualify for this exemption or is used in any
9 other non-exempt manner, the lessor shall be liable for the
10 tax imposed under this Act or the Use Tax Act, as the case
11 may be, based on the fair market value of the property at the
12 time the non-qualifying use occurs. No lessor shall collect
13 or attempt to collect an amount (however designated) that
14 purports to reimburse that lessor for the tax imposed by this
15 Act or the Use Tax Act, as the case may be, if the tax has
16 not been paid by the lessor. If a lessor improperly collects
17 any such amount from the lessee, the lessee shall have a
18 legal right to claim a refund of that amount from the lessor.
19 If, however, that amount is not refunded to the lessee for
20 any reason, the lessor is liable to pay that amount to the
21 Department.
22 (17) Beginning with taxable years ending on or after
23 December 31, 1995 and ending with taxable years ending on or
24 before December 31, 2004, personal property that is donated
25 for disaster relief to be used in a State or federally
26 declared disaster area in Illinois or bordering Illinois by a
27 manufacturer or retailer that is registered in this State to
28 a corporation, society, association, foundation, or
29 institution that has been issued a sales tax exemption
30 identification number by the Department that assists victims
31 of the disaster who reside within the declared disaster area.
32 (18) Beginning with taxable years ending on or after
33 December 31, 1995 and ending with taxable years ending on or
34 before December 31, 2004, personal property that is used in
HB1269 Enrolled -66- LRB9001000EGfg
1 the performance of infrastructure repairs in this State,
2 including but not limited to municipal roads and streets,
3 access roads, bridges, sidewalks, waste disposal systems,
4 water and sewer line extensions, water distribution and
5 purification facilities, storm water drainage and retention
6 facilities, and sewage treatment facilities, resulting from a
7 State or federally declared disaster in Illinois or bordering
8 Illinois when such repairs are initiated on facilities
9 located in the declared disaster area within 6 months after
10 the disaster.
11 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
12 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
13 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
14 eff. 8-9-96; revised 8-21-96.)
15 Section 2-85. The Service Occupation Tax Act is amended
16 by changing Section 3-5 as follows:
17 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
18 Sec. 3-5. Exemptions. The following tangible personal
19 property is exempt from the tax imposed by this Act:
20 (1) Personal property sold by a corporation, society,
21 association, foundation, institution, or organization, other
22 than a limited liability company, that is organized and
23 operated as a not-for-profit service enterprise for the
24 benefit of persons 65 years of age or older if the personal
25 property was not purchased by the enterprise for the purpose
26 of resale by the enterprise.
27 (2) Personal property purchased by a not-for-profit
28 Illinois county fair association for use in conducting,
29 operating, or promoting the county fair.
30 (3) Personal property purchased by any not-for-profit
31 music or dramatic arts organization that establishes, by
32 proof required by the Department by rule, that it has
HB1269 Enrolled -67- LRB9001000EGfg
1 received an exemption under Section 501(c)(3) of the
2 Internal Revenue Code and that is organized and operated for
3 the presentation of live public performances of musical or
4 theatrical works on a regular basis.
5 (4) Legal tender, currency, medallions, or gold or
6 silver coinage issued by the State of Illinois, the
7 government of the United States of America, or the government
8 of any foreign country, and bullion.
9 (5) Graphic arts machinery and equipment, including
10 repair and replacement parts, both new and used, and
11 including that manufactured on special order or purchased for
12 lease, certified by the purchaser to be used primarily for
13 graphic arts production.
14 (6) Personal property sold by a teacher-sponsored
15 student organization affiliated with an elementary or
16 secondary school located in Illinois.
17 (7) Farm machinery and equipment, both new and used,
18 including that manufactured on special order, certified by
19 the purchaser to be used primarily for production agriculture
20 or State or federal agricultural programs, including
21 individual replacement parts for the machinery and equipment,
22 and including machinery and equipment purchased for lease,
23 but excluding motor vehicles required to be registered under
24 the Illinois Vehicle Code.
25 (8) Fuel and petroleum products sold to or used by an
26 air common carrier, certified by the carrier to be used for
27 consumption, shipment, or storage in the conduct of its
28 business as an air common carrier, for a flight destined for
29 or returning from a location or locations outside the United
30 States without regard to previous or subsequent domestic
31 stopovers.
32 (9) Proceeds of mandatory service charges separately
33 stated on customers' bills for the purchase and consumption
34 of food and beverages, to the extent that the proceeds of the
HB1269 Enrolled -68- LRB9001000EGfg
1 service charge are in fact turned over as tips or as a
2 substitute for tips to the employees who participate directly
3 in preparing, serving, hosting or cleaning up the food or
4 beverage function with respect to which the service charge is
5 imposed.
6 (10) Oil field exploration, drilling, and production
7 equipment, including (i) rigs and parts of rigs, rotary rigs,
8 cable tool rigs, and workover rigs, (ii) pipe and tubular
9 goods, including casing and drill strings, (iii) pumps and
10 pump-jack units, (iv) storage tanks and flow lines, (v) any
11 individual replacement part for oil field exploration,
12 drilling, and production equipment, and (vi) machinery and
13 equipment purchased for lease; but excluding motor vehicles
14 required to be registered under the Illinois Vehicle Code.
15 (11) Photoprocessing machinery and equipment, including
16 repair and replacement parts, both new and used, including
17 that manufactured on special order, certified by the
18 purchaser to be used primarily for photoprocessing, and
19 including photoprocessing machinery and equipment purchased
20 for lease.
21 (12) Coal exploration, mining, offhighway hauling,
22 processing, maintenance, and reclamation equipment, including
23 replacement parts and equipment, and including equipment
24 purchased for lease, but excluding motor vehicles required to
25 be registered under the Illinois Vehicle Code.
26 (13) Food for human consumption that is to be consumed
27 off the premises where it is sold (other than alcoholic
28 beverages, soft drinks and food that has been prepared for
29 immediate consumption) and prescription and nonprescription
30 medicines, drugs, medical appliances, and insulin, urine
31 testing materials, syringes, and needles used by diabetics,
32 for human use, when purchased for use by a person receiving
33 medical assistance under Article 5 of the Illinois Public Aid
34 Code who resides in a licensed long-term care facility, as
HB1269 Enrolled -69- LRB9001000EGfg
1 defined in the Nursing Home Care Act.
2 (14) Semen used for artificial insemination of livestock
3 for direct agricultural production.
4 (15) Horses, or interests in horses, registered with and
5 meeting the requirements of any of the Arabian Horse Club
6 Registry of America, Appaloosa Horse Club, American Quarter
7 Horse Association, United States Trotting Association, or
8 Jockey Club, as appropriate, used for purposes of breeding or
9 racing for prizes.
10 (16) Computers and communications equipment utilized
11 for any hospital purpose and equipment used in the diagnosis,
12 analysis, or treatment of hospital patients sold to a lessor
13 who leases the equipment, under a lease of one year or longer
14 executed or in effect at the time of the purchase, to a
15 hospital that has been issued an active tax exemption
16 identification number by the Department under Section 1g of
17 the Retailers' Occupation Tax Act.
18 (17) Personal property sold to a lessor who leases the
19 property, under a lease of one year or longer executed or in
20 effect at the time of the purchase, to a governmental body
21 that has been issued an active tax exemption identification
22 number by the Department under Section 1g of the Retailers'
23 Occupation Tax Act.
24 (18) Beginning with taxable years ending on or after
25 December 31, 1995 and ending with taxable years ending on or
26 before December 31, 2004, personal property that is donated
27 for disaster relief to be used in a State or federally
28 declared disaster area in Illinois or bordering Illinois by a
29 manufacturer or retailer that is registered in this State to
30 a corporation, society, association, foundation, or
31 institution that has been issued a sales tax exemption
32 identification number by the Department that assists victims
33 of the disaster who reside within the declared disaster area.
34 (19) Beginning with taxable years ending on or after
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1 December 31, 1995 and ending with taxable years ending on or
2 before December 31, 2004, personal property that is used in
3 the performance of infrastructure repairs in this State,
4 including but not limited to municipal roads and streets,
5 access roads, bridges, sidewalks, waste disposal systems,
6 water and sewer line extensions, water distribution and
7 purification facilities, storm water drainage and retention
8 facilities, and sewage treatment facilities, resulting from a
9 State or federally declared disaster in Illinois or bordering
10 Illinois when such repairs are initiated on facilities
11 located in the declared disaster area within 6 months after
12 the disaster.
13 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
14 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
15 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
16 eff. 8-9-96; revised 8-21-96.)
17 Section 2-90. The Retailers' Occupation Tax Act is
18 amended by changing Section 2-5 as follows:
19 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
20 Sec. 2-5. Exemptions. Gross receipts from proceeds from
21 the sale of the following tangible personal property are
22 exempt from the tax imposed by this Act:
23 (1) Farm chemicals.
24 (2) Farm machinery and equipment, both new and used,
25 including that manufactured on special order, certified by
26 the purchaser to be used primarily for production agriculture
27 or State or federal agricultural programs, including
28 individual replacement parts for the machinery and equipment,
29 and including machinery and equipment purchased for lease,
30 but excluding motor vehicles required to be registered under
31 the Illinois Vehicle Code.
32 (3) Distillation machinery and equipment, sold as a unit
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1 or kit, assembled or installed by the retailer, certified by
2 the user to be used only for the production of ethyl alcohol
3 that will be used for consumption as motor fuel or as a
4 component of motor fuel for the personal use of the user, and
5 not subject to sale or resale.
6 (4) Graphic arts machinery and equipment, including
7 repair and replacement parts, both new and used, and
8 including that manufactured on special order or purchased for
9 lease, certified by the purchaser to be used primarily for
10 graphic arts production.
11 (5) A motor vehicle of the first division, a motor
12 vehicle of the second division that is a self-contained motor
13 vehicle designed or permanently converted to provide living
14 quarters for recreational, camping, or travel use, with
15 direct walk through access to the living quarters from the
16 driver's seat, or a motor vehicle of the second division that
17 is of the van configuration designed for the transportation
18 of not less than 7 nor more than 16 passengers, as defined in
19 Section 1-146 of the Illinois Vehicle Code, that is used for
20 automobile renting, as defined in the Automobile Renting
21 Occupation and Use Tax Act.
22 (6) Personal property sold by a teacher-sponsored
23 student organization affiliated with an elementary or
24 secondary school located in Illinois.
25 (7) Proceeds of that portion of the selling price of a
26 passenger car the sale of which is subject to the Replacement
27 Vehicle Tax.
28 (8) Personal property sold to an Illinois county fair
29 association for use in conducting, operating, or promoting
30 the county fair.
31 (9) Personal property sold to a not-for-profit music or
32 dramatic arts organization that establishes, by proof
33 required by the Department by rule, that it has received an
34 exemption under Section 501(c) (3) of the Internal Revenue
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1 Code and that is organized and operated for the presentation
2 of live public performances of musical or theatrical works on
3 a regular basis.
4 (10) Personal property sold by a corporation, society,
5 association, foundation, institution, or organization, other
6 than a limited liability company, that is organized and
7 operated as a not-for-profit service enterprise for the
8 benefit of persons 65 years of age or older if the personal
9 property was not purchased by the enterprise for the purpose
10 of resale by the enterprise.
11 (11) Personal property sold to a governmental body, to a
12 corporation, society, association, foundation, or institution
13 organized and operated exclusively for charitable, religious,
14 or educational purposes, or to a not-for-profit corporation,
15 society, association, foundation, institution, or
16 organization that has no compensated officers or employees
17 and that is organized and operated primarily for the
18 recreation of persons 55 years of age or older. A limited
19 liability company may qualify for the exemption under this
20 paragraph only if the limited liability company is organized
21 and operated exclusively for educational purposes. On and
22 after July 1, 1987, however, no entity otherwise eligible for
23 this exemption shall make tax-free purchases unless it has an
24 active identification number issued by the Department.
25 (12) Personal property sold to interstate carriers for
26 hire for use as rolling stock moving in interstate commerce
27 or to lessors under leases of one year or longer executed or
28 in effect at the time of purchase by interstate carriers for
29 hire for use as rolling stock moving in interstate commerce
30 and equipment operated by a telecommunications provider,
31 licensed as a common carrier by the Federal Communications
32 Commission, which is permanently installed in or affixed to
33 aircraft moving in interstate commerce.
34 (13) Proceeds from sales to owners, lessors, or shippers
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1 of tangible personal property that is utilized by interstate
2 carriers for hire for use as rolling stock moving in
3 interstate commerce and equipment operated by a
4 telecommunications provider, licensed as a common carrier by
5 the Federal Communications Commission, which is permanently
6 installed in or affixed to aircraft moving in interstate
7 commerce.
8 (14) Machinery and equipment that will be used by the
9 purchaser, or a lessee of the purchaser, primarily in the
10 process of manufacturing or assembling tangible personal
11 property for wholesale or retail sale or lease, whether the
12 sale or lease is made directly by the manufacturer or by some
13 other person, whether the materials used in the process are
14 owned by the manufacturer or some other person, or whether
15 the sale or lease is made apart from or as an incident to the
16 seller's engaging in the service occupation of producing
17 machines, tools, dies, jigs, patterns, gauges, or other
18 similar items of no commercial value on special order for a
19 particular purchaser.
20 (15) Proceeds of mandatory service charges separately
21 stated on customers' bills for purchase and consumption of
22 food and beverages, to the extent that the proceeds of the
23 service charge are in fact turned over as tips or as a
24 substitute for tips to the employees who participate directly
25 in preparing, serving, hosting or cleaning up the food or
26 beverage function with respect to which the service charge is
27 imposed.
28 (16) Petroleum products sold to a purchaser if the
29 seller is prohibited by federal law from charging tax to the
30 purchaser.
31 (17) Tangible personal property sold to a common carrier
32 by rail that receives the physical possession of the property
33 in Illinois and that transports the property, or shares with
34 another common carrier in the transportation of the property,
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1 out of Illinois on a standard uniform bill of lading showing
2 the seller of the property as the shipper or consignor of the
3 property to a destination outside Illinois, for use outside
4 Illinois.
5 (18) Legal tender, currency, medallions, or gold or
6 silver coinage issued by the State of Illinois, the
7 government of the United States of America, or the government
8 of any foreign country, and bullion.
9 (19) Oil field exploration, drilling, and production
10 equipment, including (i) rigs and parts of rigs, rotary rigs,
11 cable tool rigs, and workover rigs, (ii) pipe and tubular
12 goods, including casing and drill strings, (iii) pumps and
13 pump-jack units, (iv) storage tanks and flow lines, (v) any
14 individual replacement part for oil field exploration,
15 drilling, and production equipment, and (vi) machinery and
16 equipment purchased for lease; but excluding motor vehicles
17 required to be registered under the Illinois Vehicle Code.
18 (20) Photoprocessing machinery and equipment, including
19 repair and replacement parts, both new and used, including
20 that manufactured on special order, certified by the
21 purchaser to be used primarily for photoprocessing, and
22 including photoprocessing machinery and equipment purchased
23 for lease.
24 (21) Coal exploration, mining, offhighway hauling,
25 processing, maintenance, and reclamation equipment, including
26 replacement parts and equipment, and including equipment
27 purchased for lease, but excluding motor vehicles required to
28 be registered under the Illinois Vehicle Code.
29 (22) Fuel and petroleum products sold to or used by an
30 air carrier, certified by the carrier to be used for
31 consumption, shipment, or storage in the conduct of its
32 business as an air common carrier, for a flight destined for
33 or returning from a location or locations outside the United
34 States without regard to previous or subsequent domestic
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1 stopovers.
2 (23) A transaction in which the purchase order is
3 received by a florist who is located outside Illinois, but
4 who has a florist located in Illinois deliver the property to
5 the purchaser or the purchaser's donee in Illinois.
6 (24) Fuel consumed or used in the operation of ships,
7 barges, or vessels that are used primarily in or for the
8 transportation of property or the conveyance of persons for
9 hire on rivers bordering on this State if the fuel is
10 delivered by the seller to the purchaser's barge, ship, or
11 vessel while it is afloat upon that bordering river.
12 (25) A motor vehicle sold in this State to a nonresident
13 even though the motor vehicle is delivered to the nonresident
14 in this State, if the motor vehicle is not to be titled in
15 this State, and if a driveaway decal permit is issued to the
16 motor vehicle as provided in Section 3-603 of the Illinois
17 Vehicle Code or if the nonresident purchaser has vehicle
18 registration plates to transfer to the motor vehicle upon
19 returning to his or her home state. The issuance of the
20 driveaway decal permit or having the out-of-state
21 registration plates to be transferred is prima facie evidence
22 that the motor vehicle will not be titled in this State.
23 (26) Semen used for artificial insemination of livestock
24 for direct agricultural production.
25 (27) Horses, or interests in horses, registered with and
26 meeting the requirements of any of the Arabian Horse Club
27 Registry of America, Appaloosa Horse Club, American Quarter
28 Horse Association, United States Trotting Association, or
29 Jockey Club, as appropriate, used for purposes of breeding or
30 racing for prizes.
31 (28) Computers and communications equipment utilized
32 for any hospital purpose and equipment used in the diagnosis,
33 analysis, or treatment of hospital patients sold to a lessor
34 who leases the equipment, under a lease of one year or longer
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1 executed or in effect at the time of the purchase, to a
2 hospital that has been issued an active tax exemption
3 identification number by the Department under Section 1g of
4 this Act.
5 (29) Personal property sold to a lessor who leases the
6 property, under a lease of one year or longer executed or in
7 effect at the time of the purchase, to a governmental body
8 that has been issued an active tax exemption identification
9 number by the Department under Section 1g of this Act.
10 (30) Beginning with taxable years ending on or after
11 December 31, 1995 and ending with taxable years ending on or
12 before December 31, 2004, personal property that is donated
13 for disaster relief to be used in a State or federally
14 declared disaster area in Illinois or bordering Illinois by a
15 manufacturer or retailer that is registered in this State to
16 a corporation, society, association, foundation, or
17 institution that has been issued a sales tax exemption
18 identification number by the Department that assists victims
19 of the disaster who reside within the declared disaster area.
20 (31) Beginning with taxable years ending on or after
21 December 31, 1995 and ending with taxable years ending on or
22 before December 31, 2004, personal property that is used in
23 the performance of infrastructure repairs in this State,
24 including but not limited to municipal roads and streets,
25 access roads, bridges, sidewalks, waste disposal systems,
26 water and sewer line extensions, water distribution and
27 purification facilities, storm water drainage and retention
28 facilities, and sewage treatment facilities, resulting from a
29 State or federally declared disaster in Illinois or bordering
30 Illinois when such repairs are initiated on facilities
31 located in the declared disaster area within 6 months after
32 the disaster.
33 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
34 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
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1 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
2 eff. 8-9-96; revised 8-21-96.)
3 Section 2-95. The Property Tax Code is amended by
4 changing Sections 15-172 and 15-180 and setting forth and
5 renumbering multiple versions of Section 18-183 as follows:
6 (35 ILCS 200/15-172)
7 Sec. 15-172. Senior Citizens Assessment Freeze Homestead
8 Exemption.
9 (a) This Section may be cited as the Senior Citizens
10 Assessment Freeze Homestead Exemption.
11 (b) As used in this Section:
12 "Applicant" means an individual who has filed an
13 application under this Section.
14 "Base amount" means the base year equalized assessed
15 value of the residence plus the first year's equalized
16 assessed value of any added improvements which increased the
17 assessed value of the residence after the base year.
18 "Base year" means the taxable year prior to the taxable
19 year for which the applicant first qualifies and applies for
20 the exemption provided that in the prior taxable year the
21 property was improved with a permanent structure that was
22 occupied as a residence by the applicant who was liable for
23 paying real property taxes on the property and who was either
24 (i) an owner of record of the property or had legal or
25 equitable interest in the property as evidenced by a written
26 instrument or (ii) had a legal or equitable interest as a
27 lessee in the parcel of property that was single family
28 residence.
29 "Chief County Assessment Officer" means the County
30 Assessor or Supervisor of Assessments of the county in which
31 the property is located.
32 "Equalized assessed value" means the assessed value as
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1 equalized by the Illinois Department of Revenue.
2 "Household" means the applicant, the spouse of the
3 applicant, and all persons using the residence of the
4 applicant as their principal place of residence.
5 "Household income" means the combined income of the
6 members of a household for the calendar year preceding the
7 taxable year.
8 "Income" has the same meaning as provided in Section 3.07
9 of the Senior Citizens and Disabled Persons Property Tax
10 Relief and Pharmaceutical Assistance Act.
11 "Internal Revenue Code of 1986" means the United States
12 Internal Revenue Code of 1986 or any successor law or laws
13 relating to federal income taxes in effect for the year
14 preceding the taxable year.
15 "Life care facility that qualifies as a cooperative"
16 means a facility as defined in Section 2 of the Life Care
17 Facilities Act.
18 "Residence" means the principal dwelling place and
19 appurtenant structures used for residential purposes in this
20 State occupied on January 1 of the taxable year by a
21 household and so much of the surrounding land, constituting
22 the parcel upon which the dwelling place is situated, as is
23 used for residential purposes. If the Chief County Assessment
24 Officer has established a specific legal description for a
25 portion of property constituting the residence, then that
26 portion of property shall be deemed the residence for the
27 purposes of this Section.
28 "Taxable year" means the calendar year during which ad
29 valorem property taxes payable in the next succeeding year
30 are levied.
31 (c) Beginning in taxable year 1994, a senior citizens
32 assessment freeze homestead exemption is granted for real
33 property that is improved with a permanent structure that is
34 occupied as a residence by an applicant who (i) is 65 years
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1 of age or older during the taxable year, (ii) has a household
2 income of $35,000 or less, (iii) is liable for paying real
3 property taxes on the property, and (iv) is an owner of
4 record of the property or has a legal or equitable interest
5 in the property as evidenced by a written instrument. This
6 homestead exemption shall also apply to a leasehold interest
7 in a parcel of property improved with a permanent structure
8 that is a single family residence that is occupied as a
9 residence by a person who (i) is 65 years of age or older
10 during the taxable year, (ii) has a household income of
11 $35,000 or less, (iii) has a legal or equitable ownership
12 interest in the property as lessee, and (iv) is liable for
13 the payment of real property taxes on that property.
14 The amount of this exemption shall be the equalized
15 assessed value of the residence in the taxable year for which
16 application is made minus the base amount.
17 When the applicant is a surviving spouse of an applicant
18 for a prior year for the same residence for which an
19 exemption under this Section has been granted, the base year
20 and base amount for that residence are the same as for the
21 applicant for the prior year.
22 Each year at the time the assessment books are certified
23 to the County Clerk, the Board of Review or Board of Appeals
24 shall give to the County Clerk a list of the assessed values
25 of improvements on each parcel qualifying for this exemption
26 that were added after the base year for this parcel and that
27 increased the assessed value of the property.
28 In the case of land improved with an apartment building
29 owned and operated as a cooperative or a building that is a
30 life care facility that qualifies as a cooperative, the
31 maximum reduction from the equalized assessed value of the
32 property is limited to the sum of the reductions calculated
33 for each unit occupied as a residence by a person or persons
34 65 years of age or older with a household income of $35,000
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1 or less who is liable, by contract with the owner or owners
2 of record, for paying real property taxes on the property and
3 who is an owner of record of a legal or equitable interest in
4 the cooperative apartment building, other than a leasehold
5 interest. In the instance of a cooperative where a homestead
6 exemption has been granted under this Section, the
7 cooperative association or its management firm shall credit
8 the savings resulting from that exemption only to the
9 apportioned tax liability of the owner who qualified for the
10 exemption. Any person who willfully refuses to credit that
11 savings to an owner who qualifies for the exemption is guilty
12 of a Class B misdemeanor.
13 When a homestead exemption has been granted under this
14 Section and an applicant then becomes a resident of a
15 facility licensed under the Nursing Home Care Act, the
16 exemption shall be granted in subsequent years so long as the
17 residence (i) continues to be occupied by the qualified
18 applicant's spouse or (ii) if remaining unoccupied, is still
19 owned by the qualified applicant for the homestead exemption.
20 Beginning January 1, 1997, when an individual dies who
21 would have qualified for an exemption under this Section, and
22 the surviving spouse does not independently qualify for this
23 exemption because of age, the exemption under this Section
24 shall be granted to the surviving spouse for the taxable year
25 preceding and the taxable year of the death, provided that,
26 except for age, the surviving spouse meets all other
27 qualifications for the granting of this exemption for those
28 years.
29 When married persons maintain separate residences, the
30 exemption provided for in this Section may be claimed by only
31 one of such persons and for only one residence.
32 For taxable year 1994 only, in counties having less than
33 3,000,000 inhabitants, to receive the exemption, a person
34 shall submit an application by February 15, 1995 to the Chief
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1 County Assessment Officer of the county in which the property
2 is located. In counties having 3,000,000 or more
3 inhabitants, for taxable year 1994 and all subsequent taxable
4 years, to receive the exemption, a person may submit an
5 application to the Chief County Assessment Officer of the
6 county in which the property is located during such period as
7 may be specified by the Chief County Assessment Officer. The
8 Chief County Assessment Officer in counties of 3,000,000 or
9 more inhabitants shall annually give notice of the
10 application period by mail or by publication. In counties
11 having less than 3,000,000 inhabitants, beginning with
12 taxable year 1995 and thereafter, to receive the exemption, a
13 person shall submit an application by July 1 of each taxable
14 year to the Chief County Assessment Officer of the county in
15 which the property is located. A county may, by ordinance,
16 establish a date for submission of applications that is
17 earlier than July 1, but in no event shall a county establish
18 a date for submission of applications that is later than July
19 1. The applicant shall submit with the application an
20 affidavit of the applicant's total household income, age,
21 marital status (and if married the name and address of the
22 applicant's spouse, if known), and principal dwelling place
23 of members of the household on January 1 of the taxable year.
24 The Department shall establish, by rule, a method for
25 verifying the accuracy of affidavits filed by applicants
26 under this Section. The applications shall be clearly marked
27 as applications for the Senior Citizens Assessment Freeze
28 Homestead Exemption.
29 In counties having less than 3,000,000 inhabitants, if an
30 applicant was denied an exemption in taxable year 1994 and
31 the denial occurred due to an error on the part of an
32 assessment official, or his or her agent or employee, then
33 beginning in taxable year 1997 the applicant's base year, for
34 purposes of determining the amount of the exemption, shall be
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1 1993 rather than 1994. In addition, in taxable year 1997, the
2 applicant's exemption shall also include an amount equal to
3 (i) the amount of any exemption denied to the applicant in
4 taxable year 1995 as a result of using 1994, rather than
5 1993, as the base year, (ii) the amount of any exemption
6 denied to the applicant in taxable year 1996 as a result of
7 using 1994, rather than 1993, as the base year, and (iii) the
8 amount of the exemption erroneously denied for taxable year
9 1994.
10 For purposes of this Section, a person who will be 65
11 years of age during the current taxable year shall be
12 eligible to apply for the homestead exemption during that
13 taxable year. Application shall be made during the
14 application period in effect for the county of his or her
15 residence.
16 The Chief County Assessment Officer may determine the
17 eligibility of a life care facility that qualifies as a
18 cooperative to receive the benefits provided by this Section
19 by use of an affidavit, application, visual inspection,
20 questionnaire, or other reasonable method in order to insure
21 that the tax savings resulting from the exemption are
22 credited by the management firm to the apportioned tax
23 liability of each qualifying resident. The Chief County
24 Assessment Officer may request reasonable proof that the
25 management firm has so credited that exemption.
26 Except as provided in this Section, all information
27 received by the chief county assessment officer or the
28 Department from applications filed under this Section, or
29 from any investigation conducted under the provisions of this
30 Section, shall be confidential, except for official purposes
31 or pursuant to official procedures for collection of any
32 State or local tax or enforcement of any civil or criminal
33 penalty or sanction imposed by this Act or by any statute or
34 ordinance imposing a State or local tax. Any person who
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1 divulges any such information in any manner, except in
2 accordance with a proper judicial order, is guilty of a Class
3 A misdemeanor.
4 Nothing contained in this Section shall prevent the
5 Director or chief county assessment officer from publishing
6 or making available reasonable statistics concerning the
7 operation of the exemption contained in this Section in which
8 the contents of claims are grouped into aggregates in such a
9 way that information contained in any individual claim shall
10 not be disclosed.
11 (Source: P.A. 88-669, eff. 11-29-94; 88-682, eff. 1-13-95;
12 89-62, eff. 1-1-96; 89-426, eff. 6-1-96; 89-557, eff. 1-1-97;
13 89-581, eff. 1-1-97; 89-626, eff. 8-9-96; revised 9-3-96.)
14 (35 ILCS 200/15-180)
15 Sec. 15-180. Homestead improvements. Homestead
16 properties that have been improved and residential structures
17 on homestead property that have been rebuilt following a
18 catastrophic event are entitled to a homestead improvement
19 exemption, limited to $30,000 per year in fair cash value,
20 when that property is owned and used exclusively for a
21 residential purpose and upon demonstration that a proposed
22 increase in assessed value is attributable solely to a new
23 improvement of an existing structure or the rebuilding of a
24 residential structure following a catastrophic event. To be
25 eligible for an exemption under this Section after a
26 catastrophic event, the residential structure must be rebuilt
27 within 2 years after the catastrophic event. The exemption
28 for rebuilt structures under this Section applies to the
29 increase in value of the rebuilt structure over the value of
30 the structure before the catastrophic event. The amount of
31 the exemption shall be limited to the fair cash value added
32 by the new improvement or rebuilding and shall continue for 4
33 years from the date the improvement or rebuilding is
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1 completed and occupied, or until the next following general
2 assessment of that property, whichever is later.
3 A proclamation of disaster by the President of the United
4 States or Governor of the State of Illinois is not a
5 prerequisite to the classification of an occurrence as a
6 catastrophic event under this Section. A "catastrophic
7 event" may include an occurrence of widespread or severe
8 damage or loss of property resulting from any catastrophic
9 cause including but not limited to fire, including arson
10 (provided the fire was not caused by the willful action of an
11 owner or resident of the property), flood, earthquake, wind,
12 storm, explosion, or extended periods of severe inclement
13 weather. In the case of a residential structure affected by
14 flooding, the structure shall not be eligible for this
15 homestead improvement exemption unless it is located within a
16 local jurisdiction which is participating in the National
17 Flood Insurance Program.
18 In counties of less than 3,000,000 inhabitants, in
19 addition to the notice requirement under Section 12-30, a
20 supervisor of assessments, county assessor, or township or
21 multi-township assessor responsible for adding an assessable
22 improvement to a residential property's assessment shall
23 either notify a taxpayer whose assessment has been changed
24 since the last preceding assessment that he or she may be
25 eligible for the exemption provided under this Section or
26 shall grant the exemption automatically.
27 (Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
28 6-1-97; revised 1-15-97)
29 (35 ILCS 200/18-183)
30 Sec. 18-183. Cancellation and repayment of tax benefits.
31 Beginning with tax year 1996, if any taxing district enters
32 into an agreement that explicitly sets forth the terms and
33 length of a contract and thereby grants a tax abatement or
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1 other tax benefit under Sections 18-165 through 18-180 of
2 this Code, under the Economic Development Area Tax Increment
3 Allocation Act, the County Economic Development Project Area
4 Tax Increment Allocation Act of 1991, the Tax Increment
5 Allocation Redevelopment Act, the Industrial Jobs Recovery
6 Law, the Economic Development Project Area Tax Increment
7 Allocation Act of 1995, or under any other statutory or
8 constitutional authority implemented under the Property Tax
9 Code to a private individual or entity for the purpose of
10 originating, locating, maintaining, rehabilitating, or
11 expanding a business facility within the taxing district and
12 the individual or entity relocates the entire facility from
13 the taxing district in violation of the terms and length of
14 the contract explicitly set forth in the agreement, the
15 abatement or other tax benefit for the remainder of the term
16 is cancelled and the amount of the abatements or other tax
17 benefits granted before cancellation shall be repaid to the
18 taxing district within 30 days. This Section may be waived
19 by the mutual agreement of the individual or entity and the
20 taxing district.
21 (Source: P.A. 89-591, eff. 8-1-96; revised 8-15-96.)
22 (35 ILCS 200/18-184)
23 Sec. 18-184. 18-183. Abatement; annexation agreement.
24 Upon a majority vote of its governing authority, any
25 municipality may, after the determination of the assessed
26 valuation of its property, order the county clerk to abate
27 any portion of its taxes on any property that is the subject
28 of an annexation agreement between the municipality and the
29 property owner.
30 (Source: P.A. 89-537, eff. 1-1-97; revised 8-15-96.)
31 Section 2-100. The Illinois Pension Code is amended by
32 changing Section 16-106 as follows:
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1 (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
2 Sec. 16-106. Teacher. "Teacher": The following
3 individuals, provided that, for employment prior to July 1,
4 1990, they are employed on a full-time basis, or if not
5 full-time, on a permanent and continuous basis in a position
6 in which services are expected to be rendered for at least
7 one school term:
8 (1) Any educational, administrative, professional
9 or other staff employed in the public common schools
10 included within this system in a position requiring
11 certification under the law governing the certification
12 of teachers;
13 (2) Any educational, administrative, professional
14 or other staff employed in any facility of the Department
15 of Children and Family Services or the Department of
16 Human Services, in a position requiring certification
17 under the law governing the certification of teachers,
18 and any person who (i) works in such a position for the
19 Department of Corrections, (ii) was a member of this
20 System on May 31, 1987, and (iii) did not elect to become
21 a member of the State Employees' Retirement System
22 pursuant to Section 14-108.2 of this Code;
23 (3) Any regional superintendent of schools,
24 assistant regional superintendent of schools, State
25 Superintendent of Education; any person employed by the
26 State Board of Education as an executive; any executive
27 of the boards engaged in the service of public common
28 school education in school districts covered under this
29 system of which the State Superintendent of Education is
30 an ex-officio member;
31 (4) Any employee of a school board association
32 operating in compliance with Article 23 of the School
33 Code who is certificated under the law governing the
34 certification of teachers;
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1 (5) Any person employed by the retirement system as
2 an executive, and any person employed by the retirement
3 system who is certificated under the law governing the
4 certification of teachers;
5 (6) Any educational, administrative, professional
6 or other staff employed by and under the supervision and
7 control of a regional superintendent of schools, provided
8 such employment position requires the person to be
9 certificated under the law governing the certification of
10 teachers and is in an educational program serving 2 or
11 more districts in accordance with a joint agreement
12 authorized by the School Code or by federal legislation;
13 (7) Any educational, administrative, professional
14 or other staff employed in an educational program
15 serving 2 or more school districts in accordance with a
16 joint agreement authorized by the School Code or by
17 federal legislation and in a position requiring
18 certification under the laws governing the certification
19 of teachers;
20 (8) Any officer or employee of a statewide teacher
21 organization who is certified under the law governing
22 certification of teachers, provided: (i) the individual
23 had previously established creditable service under this
24 Article, (ii) the individual files with the system, on or
25 before January 1, 1990, an irrevocable election to become
26 a member, and (iii) the individual does not receive
27 credit for such service under any other Article of this
28 Code;
29 (9) Any educational, administrative, professional,
30 or other staff employed in a charter school operating in
31 compliance with the Charter Schools Law who is
32 certificated under the law governing the certification of
33 teachers.
34 An annuitant receiving a retirement annuity under this
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1 Article or under Article 17 of this Code who is temporarily
2 employed by a board of education or other employer not
3 exceeding that permitted under Section 16-118 is not a
4 "teacher" for purposes of this Article. A person who has
5 received a single-sum retirement benefit under Section
6 16-136.4 of this Article is not a "teacher" for purposes of
7 this Article.
8 (Source: P.A. 89-450, eff. 4-10-96; 89-507, eff. 7-1-97;
9 revised 10-3-96.)
10 Section 2-105. The Counties Code is amended by setting
11 forth, changing, and renumbering multiple versions of
12 Sections 5-1069.5 and 5-1121 as follows:
13 (55 ILCS 5/5-1069.2)
14 Sec. 5-1069.2. 5-1069.5. Post-parturition care. If a
15 county, including a home rule county, is a self-insurer for
16 purposes of providing health insurance coverage for its
17 employees, the coverage shall include coverage for the
18 post-parturition care benefits required to be covered by a
19 policy of accident and health insurance under Section 356s
20 356r of the Illinois Insurance Code. The requirement that
21 post-parturition care be covered as provided in this Section
22 is an exclusive power and function of the State and is a
23 denial and limitation under Article VII, Section 6,
24 subsection (h) of the Illinois Constitution. A home rule
25 county to which this Section applies must comply with every
26 provision of this Section.
27 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
28 (55 ILCS 5/5-1069.5)
29 Sec. 5-1069.5. Woman's health care provider. All
30 counties, including home rule counties, are subject to the
31 provisions of Section 356r of the Illinois Insurance Code.
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1 The requirement under this Section that health care benefits
2 provided by counties comply with Section 356r of the Illinois
3 Insurance Code is an exclusive power and function of the
4 State and is a denial and limitation of home rule county
5 powers under Article VII, Section 6, subsection (h) of the
6 Illinois Constitution.
7 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
8 (55 ILCS 5/5-1121)
9 Sec. 5-1121. Demolition, repair, or enclosure.
10 (a) The county board of each county may demolish,
11 repair, or enclose or cause the demolition, repair, or
12 enclosure of dangerous and unsafe buildings or uncompleted
13 and abandoned buildings within the territory of the county,
14 but not within the territory of any municipality, and may
15 remove or cause the removal of garbage, debris, and other
16 hazardous, noxious, or unhealthy substances or materials from
17 those buildings.
18 The county board shall apply to the circuit court of the
19 county in which the building is located (i) for an order
20 authorizing action to be taken with respect to a building if
21 the owner or owners of the building, including the lien
22 holders of record, after at least 15 days' written notice by
23 mail to do so, have failed to put the building in a safe
24 condition or to demolish it or (ii) for an order requiring
25 the owner or owners of record to demolish, repair, or enclose
26 the building or to remove garbage, debris, and other
27 hazardous, noxious, or unhealthy substances or materials from
28 the building. It is not a defense to the cause of action
29 that the building is boarded up or otherwise enclosed,
30 although the court may order the defendant to have the
31 building boarded up or otherwise enclosed. Where, upon
32 diligent search, the identity or whereabouts of the owner or
33 owners of the building, including the lien holders of record,
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1 is not ascertainable, notice mailed to the person or persons
2 in whose name the real estate was last assessed is sufficient
3 notice under this Section.
4 The hearing upon the application to the circuit court
5 shall be expedited by the court and shall be given precedence
6 over all other suits.
7 The cost of the demolition, repair, enclosure, or removal
8 incurred by the county, by an intervenor, or by a lien holder
9 of record, including court costs, attorney's fees, and other
10 costs related to the enforcement of this Section, is
11 recoverable from the owner or owners of the real estate or
12 the previous owner or both if the property was transferred
13 during the 15 day notice period and is a lien on the real
14 estate; the lien is superior to all prior existing liens and
15 encumbrances, except taxes, if, within 180 days after the
16 repair, demolition, enclosure, or removal, the county, the
17 lien holder of record, or the intervenor who incurred the
18 cost and expense shall file a notice of lien for the cost and
19 expense incurred in the office of the recorder in the county
20 in which the real estate is located or in the office of the
21 registrar of titles of the county if the real estate affected
22 is registered under the Registered Titles (Torrens) Act.
23 The notice must consist of a sworn statement setting out
24 (1) a description of the real estate sufficient for its
25 identification, (2) the amount of money representing the cost
26 and expense incurred, and (3) the date or dates when the cost
27 and expense was incurred by the county, the lien holder of
28 record, or the intervenor. Upon payment of the cost and
29 expense by the owner of or persons interested in the property
30 after the notice of lien has been filed, the lien shall be
31 released by the county, the person in whose name the lien has
32 been filed, or the assignee of the lien, and the release may
33 be filed of record as in the case of filing notice of lien.
34 Unless the lien is enforced under subsection (b), the lien
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1 may be enforced by foreclosure proceedings as in the case of
2 mortgage foreclosures under Article XV of the Code of Civil
3 Procedure or mechanics' lien foreclosures. An action to
4 foreclose this lien may be commenced at any time after the
5 date of filing of the notice of lien. The costs of
6 foreclosure incurred by the county, including court costs,
7 reasonable attorney's fees, advances to preserve the
8 property, and other costs related to the enforcement of this
9 subsection, plus statutory interest, are a lien on the real
10 estate and are recoverable by the county from the owner or
11 owners of the real estate.
12 All liens arising under this subsection (a) shall be
13 assignable. The assignee of the lien shall have the same
14 power to enforce the lien as the assigning party, except that
15 the lien may not be enforced under subsection (b).
16 If the appropriate official of any county determines that
17 any dangerous and unsafe building or uncompleted and
18 abandoned building within its territory fulfills the
19 requirements for an action by the county under the Abandoned
20 Housing Rehabilitation Act, the county may petition under
21 that Act in a proceeding brought under this subsection.
22 (b) In any case where a county has obtained a lien under
23 subsection (a), the county may enforce the lien under this
24 subsection (b) in the same proceeding in which the lien is
25 authorized.
26 A county desiring to enforce a lien under this subsection
27 (b) shall petition the court to retain jurisdiction for
28 foreclosure proceedings under this subsection. Notice of the
29 petition shall be served, by certified or registered mail, on
30 all persons who were served notice under subsection (a). The
31 court shall conduct a hearing on the petition not less than
32 15 days after the notice is served. If the court determines
33 that the requirements of this subsection (b) have been
34 satisfied, it shall grant the petition and retain
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1 jurisdiction over the matter until the foreclosure proceeding
2 is completed. The costs of foreclosure incurred by the
3 county, including court costs, reasonable attorneys' fees,
4 advances to preserve the property, and other costs related to
5 the enforcement of this subsection, plus statutory interest,
6 are a lien on the real estate and are recoverable by the
7 county from the owner or owners of the real estate. If the
8 court denies the petition, the county may enforce the lien in
9 a separate action as provided in subsection (a).
10 All persons designated in Section 15-1501 of the Code of
11 Civil Procedure as necessary parties in a mortgage
12 foreclosure action shall be joined as parties before issuance
13 of an order of foreclosure. Persons designated in Section
14 15-1501 of the Code of Civil Procedure as permissible parties
15 may also be joined as parties in the action.
16 The provisions of Article XV of the Code of Civil
17 Procedure applicable to mortgage foreclosures shall apply to
18 the foreclosure of a lien under this subsection (b), except
19 to the extent that those provisions are inconsistent with
20 this subsection. For purposes of foreclosures of liens
21 under this subsection, however, the redemption period
22 described in subsection (b) of Section 15-1603 of the Code of
23 Civil Procedure shall end 60 days after the date of entry of
24 the order of foreclosure.
25 (c) In addition to any other remedy provided by law, the
26 county board of any county may petition the circuit court to
27 have property declared abandoned under this subsection (c)
28 if:
29 (1) the property has been tax delinquent for 2 or
30 more years or bills for water service for the property
31 have been outstanding for 2 or more years;
32 (2) the property is unoccupied by persons legally
33 in possession; and
34 (3) the property contains a dangerous or unsafe
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1 building.
2 All persons having an interest of record in the property,
3 including tax purchasers and beneficial owners of any
4 Illinois land trust having title to the property, shall be
5 named as defendants in the petition and shall be served with
6 process. In addition, service shall be had under Section
7 2-206 of the Code of Civil Procedure as in other cases
8 affecting property.
9 The county, however, may proceed under this subsection in
10 a proceeding brought under subsection (a). Notice of the
11 petition shall be served by certified or registered mail on
12 all persons who were served notice under subsection (a).
13 If the county proves that the conditions described in
14 this subsection exist and the owner of record of the property
15 does not enter an appearance in the action, or, if title to
16 the property is held by an Illinois land trust, if neither
17 the owner of record nor the owner of the beneficial interest
18 of the trust enters an appearance, the court shall declare
19 the property abandoned.
20 If that determination is made, notice shall be sent by
21 certified or registered mail to all persons having an
22 interest of record in the property, including tax purchasers
23 and beneficial owners of any Illinois land trust having title
24 to the property, stating that title to the property will be
25 transferred to the county unless, within 30 days of the
26 notice, the owner of record enters an appearance in the
27 action, or unless any other person having an interest in the
28 property files with the court a request to demolish the
29 dangerous or unsafe building or to put the building in safe
30 condition.
31 If the owner of record enters an appearance in the action
32 within the 30 day period, the court shall vacate its order
33 declaring the property abandoned. In that case, the county
34 may amend its complaint in order to initiate proceedings
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1 under subsection (a).
2 If a request to demolish or repair the building is filed
3 within the 30 day period, the court shall grant permission to
4 the requesting party to demolish the building within 30 days
5 or to restore the building to safe condition within 60 days
6 after the request is granted. An extension of that period
7 for up to 60 additional days may be given for good cause. If
8 more than one person with an interest in the property files a
9 timely request, preference shall be given to the person with
10 the lien or other interest of the highest priority.
11 If the requesting party proves to the court that the
12 building has been demolished or put in a safe condition
13 within the period of time granted by the court, the court
14 shall issue a quitclaim judicial deed for the property to the
15 requesting party, conveying only the interest of the owner of
16 record, upon proof of payment to the county of all costs
17 incurred by the county in connection with the action,
18 including but not limited to court costs, attorney's fees,
19 administrative costs, the costs, if any, associated with
20 building enclosure or removal, and receiver's certificates.
21 The interest in the property so conveyed shall be subject to
22 all liens and encumbrances on the property. In addition, if
23 the interest is conveyed to a person holding a certificate of
24 purchase for the property under the Property Tax Code, the
25 conveyance shall be subject to the rights of redemption of
26 all persons entitled to redeem under that Act, including the
27 original owner of record.
28 If no person with an interest in the property files a
29 timely request or if the requesting party fails to demolish
30 the building or put the building in safe condition within the
31 time specified by the court, the county may petition the
32 court to issue a judicial deed for the property to the
33 county. A conveyance by judicial deed shall operate to
34 extinguish all existing ownership interests in, liens on, and
HB1269 Enrolled -95- LRB9001000EGfg
1 other interest in the property, including tax liens.
2 (d) Each county may use the provisions of this
3 subsection to expedite the removal of certain buildings that
4 are a continuing hazard to the community in which they are
5 located.
6 If a residential building is 2 stories or less in height
7 as defined by the county's building code, and the official
8 designated to be in charge of enforcing the county's building
9 code determines that the building is open and vacant and an
10 immediate and continuing hazard to the community in which the
11 building is located, then the official shall be authorized to
12 post a notice not less than 2 feet by 2 feet in size on the
13 front of the building. The notice shall be dated as of the
14 date of the posting and shall state that unless the building
15 is demolished, repaired, or enclosed, and unless any garbage,
16 debris, and other hazardous, noxious, or unhealthy substances
17 or materials are removed so that an immediate and continuing
18 hazard to the community no longer exists, then the building
19 may be demolished, repaired, or enclosed, or any garbage,
20 debris, and other hazardous, noxious, or unhealthy substances
21 or materials may be removed, by the county.
22 Not later than 30 days following the posting of the
23 notice, the county shall do both of the following:
24 (1) Cause to be sent, by certified mail, return
25 receipt requested, a notice to all owners of record of
26 the property, the beneficial owners of any Illinois land
27 trust having title to the property, and all lienholders
28 of record in the property, stating the intent of the
29 county to demolish, repair, or enclose the building or
30 remove any garbage, debris, or other hazardous, noxious,
31 or unhealthy substances or materials if that action is
32 not taken by the owner or owners.
33 (2) Cause to be published, in a newspaper published
34 or circulated in the county where the building is
HB1269 Enrolled -96- LRB9001000EGfg
1 located, a notice setting forth (i) the permanent tax
2 index number and the address of the building, (ii) a
3 statement that the property is open and vacant and
4 constitutes an immediate and continuing hazard to the
5 community, and (iii) a statement that the county intends
6 to demolish, repair, or enclose the building or remove
7 any garbage, debris, or other hazardous, noxious, or
8 unhealthy substances or materials if the owner or owners
9 or lienholders of record fail to do so. This notice
10 shall be published for 3 consecutive days.
11 A person objecting to the proposed actions of the county
12 board may file his or her objection in an appropriate form in
13 a court of competent jurisdiction.
14 If the building is not demolished, repaired, or enclosed,
15 or the garbage, debris, or other hazardous, noxious, or
16 unhealthy substances or materials are not removed, within 30
17 days of mailing the notice to the owners of record, the
18 beneficial owners of any Illinois land trust having title to
19 the property, and all lienholders of record in the property,
20 or within 30 days of the last day of publication of the
21 notice, whichever is later, the county board shall have the
22 power to demolish, repair, or enclose the building or to
23 remove any garbage, debris, or other hazardous, noxious, or
24 unhealthy substances or materials.
25 The county may proceed to demolish, repair, or enclose a
26 building or remove any garbage, debris, or other hazardous,
27 noxious, or unhealthy substances or materials under this
28 subsection within a 120-day period following the date of the
29 mailing of the notice if the appropriate official determines
30 that the demolition, repair, enclosure, or removal of any
31 garbage, debris, or other hazardous, noxious, or unhealthy
32 substances or materials is necessary to remedy the immediate
33 and continuing hazard. If, however, before the county
34 proceeds with any of the actions authorized by this
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1 subsection, any person has sought a hearing under this
2 subsection before a court and has served a copy of the
3 complaint on the chief executive officer of the county, then
4 the county shall not proceed with the demolition, repair,
5 enclosure, or removal of garbage, debris, or other substances
6 until the court determines that that action is necessary to
7 remedy the hazard and issues an order authorizing the county
8 to do so.
9 Following the demolition, repair, or enclosure of a
10 building, or the removal of garbage, debris, or other
11 hazardous, noxious, or unhealthy substances or materials
12 under this subsection, the county may file a notice of lien
13 against the real estate for the cost of the demolition,
14 repair, enclosure, or removal within 180 days after the
15 repair, demolition, enclosure, or removal occurred, for the
16 cost and expense incurred, in the office of the recorder in
17 the county in which the real estate is located or in the
18 office of the registrar of titles of the county if the real
19 estate affected is registered under the Registered Titles
20 (Torrens) Act. The notice of lien shall consist of a sworn
21 statement setting forth (i) a description of the real estate,
22 such as the address or other description of the property,
23 sufficient for its identification; (ii) the expenses incurred
24 by the county in undertaking the remedial actions authorized
25 under this subsection; (iii) the date or dates the expenses
26 were incurred by the county; (iv) a statement by the official
27 responsible for enforcing the building code that the building
28 was open and vacant and constituted an immediate and
29 continuing hazard to the community; (v) a statement by the
30 official that the required sign was posted on the building,
31 that notice was sent by certified mail to the owners of
32 record, and that notice was published in accordance with this
33 subsection; and (vi) a statement as to when and where the
34 notice was published. The lien authorized by this subsection
HB1269 Enrolled -98- LRB9001000EGfg
1 may thereafter be released or enforced by the county as
2 provided in subsection (a).
3 (Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
4 (55 ILCS 5/5-1123)
5 Sec. 5-1123. 5-1121. Builder or developer cash bond.
6 (a) A county may not require a cash bond from a builder
7 or developer to guarantee completion of a project improvement
8 when the builder or developer has filed a current,
9 irrevocable letter of credit with good and sufficient
10 sureties with the county clerk in an amount equal to or
11 greater than 110% of the amount of the bid on each project
12 improvement. A builder or developer may elect to utilize an
13 irrevocable letter of credit to satisfy any cash bond
14 requirement established by a county.
15 (b) If a county receives a cash bond from a builder or
16 developer to guarantee completion of a project improvement,
17 the county shall (i) register the bond under the address of
18 the project and the construction permit number and (ii) give
19 the builder or developer a receipt for the bond. The county
20 shall establish and maintain a separate account for all cash
21 bonds received from builders and developers to guarantee
22 completion of a project improvement.
23 (c) The county shall refund a cash bond to a builder or
24 developer within 60 days after the builder or developer
25 notifies the county in writing of the completion of the
26 project improvement for which the bond was required. For
27 these purposes, "completion" means that the county has
28 determined that the project improvement for which the bond
29 was required is complete or a licensed engineer or licensed
30 architect has certified to the builder or developer and the
31 county that the project improvement has been completed to the
32 applicable codes and ordinances. The county shall pay
33 interest to the builder or developer, beginning 60 days after
HB1269 Enrolled -99- LRB9001000EGfg
1 the builder or developer notifies the county in writing of
2 the completion of the project improvement, on any bond not
3 refunded to a builder or developer, at the rate of 1% per
4 month.
5 (d) A home rule county may not require or maintain cash
6 bonds from builders or developers in a manner inconsistent
7 with this Section. This Section is a denial and limitation
8 under subsection (i) of Section 6 of Article VII of the
9 Illinois Constitution on the concurrent exercise by a home
10 rule county of powers and functions exercised by the State.
11 (Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
12 Section 2-110. The County Care for Persons with
13 Developmental Disabilities Act is amended by changing Section
14 13 as follows:
15 (55 ILCS 105/13) (from Ch. 91 1/2, par. 213)
16 Sec. 13. The Department of Human Services shall adopt
17 general rules for the guidance of any board of directors,
18 prescribing reasonable standards in regard to program,
19 facilities and services for residents with a developmental
20 disability.
21 The provisions of the Illinois Administrative Procedure
22 Act are hereby expressly adopted and shall apply to all
23 administrative rules and procedures of the Department under
24 this Act, except that in case of conflict between the
25 Illinois Administrative Procedure Act and this Act the
26 provisions of this Act shall control, and except that Section
27 5-35 of the Illinois Administrative Procedure Act relating to
28 procedures for rule-making does not apply to the adoption of
29 any rule required by federal law in connection with which the
30 Department is precluded by law from exercising any
31 discretion.
32 The Department of Human Services may conduct such
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1 investigation as may be necessary to ascertain compliance
2 with rules adopted pursuant to this Act.
3 If any such board of directors fails to comply with such
4 rules, the Department of Human Services shall withhold
5 distribution of any State grant in aid until such time as
6 such board complies with such rules.
7 (Source: P.A. 88-45; 88-380; 88-388; 89-507, eff. 7-1-97;
8 89-585, eff. 1-1-97; revised 9-9-96.)
9 Section 2-115. The Illinois Municipal Code is amended by
10 changing Sections 7-1-1 and 11-15.1-2 and setting forth,
11 changing, and renumbering multiple versions of Section
12 10-4-2.5 as follows:
13 (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
14 Sec. 7-1-1. Annexation of contiguous territory. Any
15 territory that is not within the corporate limits of any
16 municipality but is contiguous to a municipality may be
17 annexed to the municipality as provided in this Article. For
18 the purposes of this Article any territory to be annexed to a
19 municipality shall be considered to be contiguous to the
20 municipality notwithstanding that the territory is separated
21 from the municipality by a railroad or public utility
22 right-of-way, but upon annexation the area included within
23 that right-of-way shall not be considered to be annexed to
24 the municipality.
25 Except in counties with a population of more than 500,000
26 but less than 3,000,000, territory which is not contiguous to
27 a municipality but is separated therefrom only by a forest
28 preserve district may be annexed to the municipality pursuant
29 to Sections 7-1-7 or 7-1-8, but the territory included within
30 such forest preserve district shall not be annexed to the
31 municipality nor shall the territory of the forest preserve
32 district be subject to rights-of-way for access or services
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1 between the parts of the municipality separated by the forest
2 preserve district without the consent of the governing body
3 of the forest preserve district.
4 In counties that are contiguous to the Mississippi River
5 with populations of more than 200,000 but less than 255,000,
6 a municipality that is partially located in territory that is
7 wholly surrounded by the Mississippi River and a canal,
8 connected at both ends to the Mississippi River and located
9 on property owned by the United States of America, may annex
10 noncontiguous territory in the surrounded territory under
11 Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
12 separated from the municipality by property owned by the
13 United States of America, but that federal property shall not
14 be annexed without the consent of the federal government.
15 When any land proposed to be annexed is part of any Fire
16 Protection District or of any Public Library District and the
17 annexing municipality provides fire protection or a public
18 library, as the case may be, the Trustees of each District
19 shall be notified in writing by certified or registered mail
20 before any court hearing or other action is taken for
21 annexation. The notice shall be served 10 days in advance.
22 An affidavit that service of notice has been had as provided
23 by this Section must be filed with the clerk of the court in
24 which the annexation proceedings are pending or will be
25 instituted or, when no court proceedings are involved, with
26 the recorder for the county where the land is situated. No
27 annexation of that land is effective unless service is had
28 and the affidavit filed as provided in this Section.
29 The new boundary shall extend to the far side of any
30 adjacent highway and shall include all of every highway
31 within the area annexed. These highways shall be considered
32 to be annexed even though not included in the legal
33 description set forth in the petition for annexation. When
34 any land proposed to be annexed includes any highway under
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1 the jurisdiction of any township, the Township Commissioner
2 of Highways and the Board of Town Trustees shall be notified
3 in writing by certified or registered mail before any court
4 hearing or other action is taken for annexation. In the event
5 that a municipality fails to notify the Township Commissioner
6 of Highways and the Board of Town Trustees of the annexation
7 of an area within the township, the municipality shall
8 reimburse that township for any loss or liability caused by
9 the failure to give notice. If any municipality has annexed
10 any area before October 1, 1975, and the legal description in
11 the petition for annexation did not include the entire
12 adjacent highway, any such annexation shall be valid and any
13 highway adjacent to the area annexed shall be considered to
14 be annexed notwithstanding the failure of the petition to
15 annex to include the description of the entire adjacent
16 highway.
17 Any annexation, disconnection and annexation, or
18 disconnection under this Article of any territory must be
19 reported by certified or registered mail by the corporate
20 authority initiating the action to the election authorities
21 having jurisdiction in the territory and the post office
22 branches serving the territory within 30 days of the
23 annexation, disconnection and annexation, or disconnection.
24 Failure to give notice to the required election
25 authorities or post office branches will not invalidate the
26 annexation or disconnection. For purposes of this Section
27 "election authorities" means the county clerk where the clerk
28 acts as the clerk of elections or the clerk of the election
29 commission having jurisdiction.
30 No annexation, disconnection and annexation, or
31 disconnection under this Article of territory having electors
32 residing therein made (1) before any primary election to be
33 held within the municipality affected thereby and after the
34 time for filing petitions as a candidate for nomination to
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1 any office to be chosen at the primary election or (2) within
2 60 days before any general election to be held within the
3 municipality shall be effective until the day after the date
4 of the primary or general election, as the case may be.
5 For the purpose of this Section, a toll highway or
6 connection between parcels via an overpass bridge over a toll
7 highway shall not be considered a deterrent to the definition
8 of contiguous territory.
9 When territory is proposed to be annexed by court order
10 under this Article, the corporate authorities or petitioners
11 initiating the action shall notify each person who pays real
12 estate taxes on property within that territory unless the
13 person is a petitioner. The notice shall be served by
14 certified or registered mail, return receipt requested, at
15 least 20 days before a court hearing or other court action.
16 If the person who pays real estate taxes on the property is
17 not the owner of record, then the payor shall notify the
18 owner of record of the proposed annexation.
19 (Source: P.A. 89-388, eff. 1-1-96; 89-502, eff. 6-28-96;
20 89-666, eff. 8-14-96; revised 8-19-96.)
21 (65 ILCS 5/10-4-2.2)
22 Sec. 10-4-2.2. 10-4-2.5. Post-parturition care. If a
23 municipality, including a home rule municipality, is a
24 self-insurer for purposes of providing health insurance
25 coverage for its employees, the coverage shall include
26 coverage for the post-parturition care benefits required to
27 be covered by a policy of accident and health insurance under
28 Section 356s 356r of the Illinois Insurance Code. The
29 requirement that post-parturition care be covered as provided
30 in this Section is an exclusive power and function of the
31 State and is a denial and limitation under Article VII,
32 Section 6, subsection (h) of the Illinois Constitution. A
33 home rule municipality to which this Section applies must
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1 comply with every provision of this Section.
2 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
3 (65 ILCS 5/10-4-2.5)
4 Sec. 10-4-2.5. Woman's health care provider. The
5 corporate authorities of all municipalities are subject to
6 the provisions of Section 356r of the Illinois Insurance
7 Code. The requirement under this Section that health care
8 benefits provided by municipalities comply with Section 356r
9 of the Illinois Insurance Code is an exclusive power and
10 function of the State and is a denial and limitation of home
11 rule municipality powers under Article VII, Section 6,
12 subsection (h) of the Illinois Constitution.
13 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
14 (65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
15 Sec. 11-15.1-2. Any such agreement may provide for the
16 following as it relates to the land which is the subject of
17 the agreement:
18 (a) The annexation of such territory to the
19 municipality, subject to the provisions of Article 7.
20 (b) The continuation in effect, or amendment, or
21 continuation in effect as amended, of any ordinance relating
22 to subdivision controls, zoning, official plan, and building,
23 housing and related restrictions; provided, however, that any
24 public hearing required by law to be held before the adoption
25 of any ordinance amendment provided in such agreement shall
26 be held prior to the execution of the agreement, and all
27 ordinance amendments provided in such agreement shall be
28 enacted according to law.
29 (c) A limitation upon increases in permit fees required
30 by the municipality.
31 (d) Contributions of either land or monies, or both, to
32 any municipality and to other units of local government
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1 having jurisdiction over all or part of land that is the
2 subject matter of any annexation agreement entered into under
3 the provisions of this Section shall be deemed valid when
4 made and shall survive the expiration date of any such
5 annexation agreement with respect to all or any part of the
6 land that was the subject matter of the annexation agreement.
7 (e) The granting of utility franchises for such land.
8 (e-5) The abatement of property taxes.
9 (f) Any other matter not inconsistent with the
10 provisions of this Code, nor forbidden by law.
11 Any action taken by the corporate authorities during the
12 period such agreement is in effect, which, if it applied to
13 the land which is the subject of the agreement, would be a
14 breach of such agreement, shall not apply to such land
15 without an amendment of such agreement.
16 After the effective term of any annexation agreement and
17 unless otherwise provided for within the annexation agreement
18 or an amendment to the annexation agreement, the provisions
19 of any ordinance relating to the zoning of the land that is
20 provided for within the agreement or an amendment to the
21 agreement, shall remain in effect unless modified in
22 accordance with law. This amendatory Act of 1995 is
23 declarative of existing law and shall apply to all annexation
24 agreements.
25 (Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97;
26 revised 8-15-96.)
27 Section 2-120. The Fire Protection District Act is
28 amended by changing Section 4 as follows:
29 (70 ILCS 705/4) (from Ch. 127 1/2, par. 24)
30 Sec. 4. Trustees; conflict of interest; violations.
31 (a) A board of trustees consisting of 3 members for the
32 government and control of the affairs and business of a fire
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1 protection district incorporated under this Act shall be
2 created in the following manner:
3 (1) If the district lies wholly within a single
4 township but does not also lie wholly within a
5 municipality, the board of trustees of that township
6 shall appoint the trustees for the district but no
7 township official who is eligible to vote on the
8 appointment shall be eligible for such appointment.
9 (2) If the district is wholly contained within a
10 municipality, the governing body of the municipality
11 shall appoint the trustees for the district.
12 (3) If the district is wholly contained within a
13 single county but does not lie wholly within a single
14 township or a single municipality, the trustees for the
15 district shall be appointed by the presiding officer of
16 the county board with the advice and consent of the
17 county board; except that in counties with a population
18 in excess of 3,000,000, 2 trustees for the district shall
19 be appointed by the board of trustees of the township
20 that has the greatest population within the district as
21 determined by the last preceding federal census. That
22 board of trustees shall also appoint the remaining
23 trustee if no other township comprises at least 10% of
24 the population of the district. If only one other
25 township comprises at least 10% of the population of the
26 district, then the board of trustees of that district
27 shall appoint the remaining trustee. If 2 or more other
28 townships each comprise at least 10% of the population of
29 the district, then the boards of trustees of those
30 townships shall jointly appoint the remaining trustee.
31 No township official who is eligible to vote on the
32 appointment shall be eligible for the appointment.
33 (4) If the district is located in more than one
34 county, the number of trustees who are residents of a
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1 county shall be in proportion, as nearly as practicable,
2 to the number of residents of the district who reside in
3 that county in relation to the total population of the
4 district.
5 (A) In counties with a population of 3,000,000
6 or more, the trustees shall be appointed as provided
7 in paragraphs (1), (2), and (3) of subsection (a) of
8 this Section. For purposes of this item (A) and in
9 item (B), "district" means that portion of the total
10 fire protection district lying within a county with
11 a population in excess of 3,000,000.
12 (B) In counties with a population of less than
13 3,000,000, the trustees for the district shall be
14 appointed by the presiding officer of the county
15 board with the advice and consent of the county
16 board.
17 Upon the expiration of the term of a trustee who is in
18 office on October 1, 1975, the successor shall be a resident
19 of whichever county is entitled to such representation in
20 order to bring about the proportional representation required
21 herein, and he shall be appointed by the county board of that
22 county, or in the case of a home rule county as defined by
23 Article VII, Section 6 of the Constitution of 1970, the chief
24 executive officer of that county, with the advice and consent
25 of the county board.
26 Thereafter, each trustee shall be succeeded by a resident
27 of the same county who shall be appointed by the same
28 appointing authority; however, the provisions of the
29 preceding paragraph shall apply to the appointment of the
30 successor to each trustee who is in office at the time of the
31 publication of each decennial Federal census of population.
32 Within 60 days after the adoption of this Act as provided
33 in Section 1, or within 60 days after the adoption of an
34 ordinance pursuant to subsection (c) of Section 4.01, the
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1 appropriate appointing authority shall appoint 3 trustees who
2 are electors in the district, not more than one of whom shall
3 be from any one city or village or incorporated town in a
4 district unless such city or village or incorporated town has
5 more than 50% of the population in the district according to
6 last preceding Federal census. Such trustees shall hold
7 their offices thenceforward and for one, 2 and 3 years from
8 the first Monday of May next after their appointment and
9 until their successors have been selected and qualified and
10 thereafter, unless the district has determined to elect
11 trustees as provided in Section 4a, on or before the second
12 Monday in April of each year the appointing authority shall
13 appoint one trustee whose term shall be for 3 years
14 commencing on the first Monday in May next after they are
15 respectively appointed. The length of term of the first
16 trustees shall be determined by lot at their first meeting.
17 Each trustee shall, before entering on the duties of his
18 office, enter into bond with security to be approved by the
19 appointing authority in such sum as the authority may
20 determine.
21 A majority of the board of trustees shall constitute a
22 quorum, but a smaller number may adjourn from day to day. No
23 trustee or employee of such district shall be directly or
24 indirectly interested financially in any contract work or
25 business or the sale of any article, the expense, price or
26 consideration of which is paid by the district; nor in the
27 purchase of any real estate or other property, belonging to
28 the district, or which shall be sold for taxes or assessments
29 or by virtue of legal process at the suit of the district.
30 Nothing in this Section prohibits the appointment or
31 selection of any person or trustee or employee whose only
32 interest in the district is as an owner of real estate in
33 such fire protection district or of contributing to the
34 payment of taxes levied by the district. The trustees shall
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1 have the power to provide and adopt a corporate seal for the
2 district.
3 (b) However, any trustee may provide materials,
4 merchandise, property, services or labor, if:
5 A. the contract is with a person, firm,
6 partnership, association, corporation or cooperative
7 association in which such interested trustee has less
8 than a 7 1/2% share in the ownership; and
9 B. such interested trustee publicly discloses the
10 nature and extent of his interest prior to or during
11 deliberations concerning the proposed award of the
12 contract; and
13 C. such interested trustee abstains from voting on
14 the award of the contract, though he shall be considered
15 present for the purposes of establishing a quorum; and
16 D. such contract is approved by a majority vote of
17 those trustees presently holding office; and
18 E. the contract is awarded after sealed bids to the
19 lowest responsible bidder if the amount of the contract
20 exceeds $1500, but the contract may be awarded without
21 bidding if the amount is less than $1500; and
22 F. the award of the contract would not cause the
23 aggregate amount of all such contracts so awarded to the
24 same person, firm, association, partnership, corporation,
25 or cooperative association in the same fiscal year to
26 exceed $25,000.
27 (c) In addition to the above exemption, any trustee or
28 employee may provide materials, merchandise, property,
29 services or labor if:
30 A. the award of the contract is approved by a
31 majority vote of the board of trustees of the fire
32 protection district provided that any such interested
33 member shall abstain from voting; and
34 B. the amount of the contract does not exceed
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1 $1000; and
2 C. the award of the contract would not cause the
3 aggregate amount of all such contracts so awarded to the
4 same person, firm, association, partnership, corporation,
5 or cooperative association in the same fiscal year to
6 exceed $2000; and
7 D. such interested member publicly discloses the
8 nature and extent of his interest prior to or during
9 deliberations concerning the proposed award of the
10 contract; and
11 E. such interested member abstains from voting on
12 the award of the contract, though he shall be considered
13 present for the purposes of establishing a quorum.
14 (d) A contract for the procurement of public utility
15 services by a district with a public utility company is not
16 barred by this Section by one or more members of the board of
17 trustees being an officer or employee of the public utility
18 company or holding an ownership interest if no more than 7
19 1/2% in the public utility company, or holding an ownership
20 interest of any size if the fire protection district has a
21 population of less than 7,500 and the public utility's rates
22 are approved by the Illinois Commerce Commission. An elected
23 or appointed member of the board of trustees having such an
24 interest shall be deemed not to have a prohibited interest
25 under this Section.
26 (e) Any officer or employee who violates this Section is
27 guilty of a Class 4 felony and in addition thereto any office
28 held by such person so convicted shall become vacant and
29 shall be so declared as part of the judgment of the court.
30 (f) Nothing contained in this Section, including the
31 restrictions set forth in subsections (b), (c) and (d), shall
32 preclude a contract of deposit of monies, loans or other
33 financial services by a fire protection district with a local
34 bank or local savings and loan association, regardless of
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1 whether a member or members of the board of trustees of the
2 fire protection district are interested in such bank or
3 savings and loan association as an officer or employee or as
4 a holder of less than 7 1/2% of the total ownership interest.
5 A member or members holding such an interest in such a
6 contract shall not be deemed to be holding a prohibited
7 interest for purposes of this Act. Such interested member or
8 members of the board of trustees must publicly state the
9 nature and extent of their interest during deliberations
10 concerning the proposed award of such a contract, but shall
11 not participate in any further deliberations concerning the
12 proposed award. Such interested member or members shall not
13 vote on such a proposed award. Any member or members
14 abstaining from participation in deliberations and voting
15 under this Section may be considered present for purposes of
16 establishing a quorum. Award of such a contract shall require
17 approval by a majority vote of those members presently
18 holding office. Consideration and award of any such contract
19 in which a member or members are interested may only be made
20 at a regularly scheduled public meeting of the board of
21 trustees of the fire protection district.
22 (g) Beginning on the effective date of this amendatory
23 Act of 1990 and ending 3 years after the effective date of
24 this amendatory Act of 1990, in the case of a fire protection
25 district board of trustees in a county with a population of
26 more than 400,000 but less than 450,000, according to the
27 1980 general census, created under subsection (a), paragraph
28 (3) of this Section a petition for the redress of a trustee,
29 charging the trustee with palpable omission of duty or
30 nonfeasance in office, signed by not less than 5% of the
31 electors of the district may be presented to the township
32 supervisor or the presiding officer of the county board, as
33 appropriate. Upon receipt of the petition, the township
34 supervisor or presiding officer of the county board, as
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1 appropriate, shall preside over a hearing on the matter of
2 the requested redress. The hearing shall be held not less
3 than 14 nor more than 30 days after receipt of the petition.
4 In the case of a fire protection district trustee appointed
5 by the presiding officer of the county board, the presiding
6 officer shall appoint at least 4 but not more than 8 members
7 of the county board, a majority of whom shall reside in a
8 county board district in which the fire protection district
9 is wholly or partially located, to serve as the hearing
10 panel. In the case of a fire protection district trustee
11 appointed by the board of town trustees, the township
12 supervisor and 2 other town trustees appointed by the
13 supervisor shall serve as the hearing panel. Within 30 days
14 after the hearing, the panel shall issue a statement of its
15 findings concerning the charges against the trustee, based
16 upon the evidence presented at the hearing, and may make to
17 the fire protection district any recommendations deemed
18 appropriate.
19 (Source: P.A. 89-482, eff. 1-1-97; 89-588, eff. 1-1-97;
20 revised 8-14-96.)
21 Section 2-125. The Park District Code is amended by
22 changing Section 10-7 as follows:
23 (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
24 Sec. 10-7. Sale, lease, or exchange of realty.
25 (a) Any park district owning and holding any real estate
26 is authorized to sell or lease such property to another unit
27 of Illinois State or local government, or to lease upon the
28 terms and at the price that the board determines for a period
29 not to exceed 99 years to any not for profit corporation
30 organized under the laws of this State, in either case for
31 public use, and provided that the grantee or lessee covenants
32 to hold and maintain such property for public park or
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1 recreational purposes or such park district obtains other
2 real property of substantially the same size or larger and of
3 substantially the same or greater suitability for park
4 purposes without additional cost to such district.
5 (b) Any park district owning or holding any real estate
6 is authorized to convey such property to a nongovernmental
7 entity in exchange for other real property of substantially
8 equal or greater value as determined by 2 appraisals of the
9 property and of substantially the same or greater suitability
10 for park purposes without additional cost to such district.
11 Prior to such exchange with a nongovernmental entity the
12 park board shall hold a public meeting in order to consider
13 the proposed conveyance. Notice of such meeting shall be
14 published not less than three times (the first and last
15 publication being not less than 10 days apart) in a newspaper
16 of general circulation within the park district. If there is
17 no such newspaper, then such notice shall be posted in not
18 less than 3 public places in said park district and such
19 notice shall not become effective until 10 days after said
20 publication or posting.
21 (c) Notwithstanding any other provision of this Act,
22 this subsection (c) shall apply only to any park districts
23 that serve district which serves territory within a
24 municipality having of more than 40,000 inhabitants and
25 within a county having of more than 260,000 inhabitants and
26 bordering that borders the Mississippi River. Any park
27 district owning or holding real estate is authorized to sell
28 that property to any not-for-profit corporation organized
29 under the laws of this State upon the condition that the
30 corporation uses the property for public park or recreational
31 programs for youth. The park district shall have the right
32 of re-entry for breach of condition subsequent. If the
33 corporation stops using the property for these purposes, the
34 property shall revert back to ownership of the park district.
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1 Any temporary suspension of use caused by the construction of
2 improvements on the property for public park or recreational
3 programs for youth is not a breach of condition subsequent.
4 Prior to the sale of the property to a not-for-profit
5 corporation, the park board shall hold a public meeting to
6 consider the proposed sale. Notice of the meeting shall be
7 published not less than 3 times (the first and last
8 publication being not less than 10 days apart) in a newspaper
9 of general circulation within the park district. If there is
10 no such newspaper, then the notice shall be posted in not
11 less than 3 public places in the park district. The notice
12 shall be published or posted at least 10 days before the
13 meeting. A resolution to approve the sale of the property to
14 a not-for-profit corporation requires adoption by a majority
15 of the park board.
16 (d) Real estate, not subject to such covenant or which
17 has not been conveyed and replaced as provided in this
18 Section, may be conveyed in the manner provided by Sections
19 10-7a to 10-7d hereof, inclusive.
20 (e) In addition to any other power provided in this
21 Section, any park district owning or holding real estate that
22 the board deems is not required for park or recreational
23 purposes may lease such real estate to any individual or
24 entity and may collect rents therefrom. Such lease shall not
25 exceed 2 and one-half times the term of years provided for in
26 Section 8-15 governing installment purchase contracts.
27 (Source: P.A. 89-458, eff. 5-24-96; 89-509, eff. 7-5-96;
28 revised 8-23-96.)
29 Section 2-130. The Sanitary District Act of 1917 is
30 amended by changing Section 4 as follows:
31 (70 ILCS 2405/4) (from Ch. 42, par. 303)
32 Sec. 4. The trustees shall constitute a board of
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1 trustees for the district. The board of trustees is the
2 corporate authority of such sanitary district, and shall
3 exercise all the powers and manage and control all the
4 affairs and property of the district. The board of trustees
5 immediately after their appointment and at their first
6 meeting in May of each year thereafter, shall elect one of
7 their number as president, one of their number as
8 vice-president, and from or outside of their membership a
9 clerk and an assistant clerk. In case of the death,
10 resignation, absence from the State, or other disability of
11 the president, the powers, duties and emoluments of the
12 office of the president shall devolve upon the
13 vice-president, until such disability is removed or until a
14 successor to the president is appointed and chosen in the
15 manner provided in this Act. The board may select a
16 treasurer, engineer and attorney for the district, and a
17 board of local improvements consisting of 5 members in any
18 sanitary district which includes one or more municipalities
19 with a population of over 90,000 but less than 500,000
20 according to the most recent Federal census and consisting of
21 3 members in any other district, all of whom may be trustees
22 or other citizens of the sanitary district. The board may
23 appoint such other officers and hire such employees to manage
24 and control the operations of the district as it deems
25 necessary; provided, however, that the board shall not employ
26 an individual as a wastewater operator whose Certificate of
27 Technical Competency is suspended or revoked under rules
28 adopted by the Pollution Control Board under item (4) of
29 subsection (a) of Section 13 of the Environmental Protection
30 Act. The board may appoint a chief administrative officer
31 for a term not to exceed 4 years subject to removal by the
32 board for cause. Appointment of the chief administrative
33 officer may be renewed as often as the board deems necessary.
34 All other persons selected by the board shall hold their
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1 respective offices during the pleasure of the board, and all
2 persons selected by the board shall give such bond as may be
3 required by the board. The board may prescribe the duties and
4 fix the compensation of all the officers and employees of the
5 sanitary district. However, no member of the board of
6 trustees shall receive more than $6,000 per year.
7 The board of trustees has full power to pass all
8 necessary ordinances, rules and regulations for the proper
9 management and conduct of the business of the board and the
10 corporation, and for carrying into effect the objects for
11 which the sanitary district was formed. Such ordinances may
12 provide for a fine for each offense of not less than $100 or
13 more than $1,000. Each day's continuance of such violation
14 shall be a separate offense. Fines pursuant to this Section
15 are recoverable by the sanitary district in a civil action.
16 The sanitary district is authorized to apply to the circuit
17 court for injunctive relief or mandamus when, in the opinion
18 of the chief administrative officer, such relief is necessary
19 to protect the sewerage system of the sanitary district.
20 (Source: P.A. 89-143, eff. 7-14-95; 89-502, eff. 6-28-96;
21 revised 8-19-96.)
22 Section 2-135. The School Code is amended by changing
23 Sections 10-21.4a, 10-22.5a, 10-22.6, 10-22.20, 13A-8, 13A-9,
24 18-8, 24-2, and 34-2.3 and by setting forth, changing, and
25 renumbering multiple versions of Section 10-22.3d as follows:
26 (105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
27 Sec. 10-21.4a. Principals - Duties. To employ
28 principals who hold valid supervisory or administrative
29 certificates who shall supervise the operation of attendance
30 centers as the board shall determine necessary. In an
31 attendance center having fewer than 4 teachers, a head
32 teacher who does not qualify as a principal may be assigned
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1 in the place of a principal.
2 The principal shall assume administrative
3 responsibilities and instructional leadership, under the
4 supervision of the superintendent, and in accordance with
5 reasonable rules and regulations of the board, for the
6 planning, operation and evaluation of the educational program
7 of the attendance area to which he or she is assigned.
8 However, in districts under a Financial Oversight Panel
9 pursuant to Section 1A-8 for violating a financial plan, the
10 duties and responsibilities of principals in relation to the
11 financial and business operations of the district shall be
12 approved by the Panel. In the event the Board refuses or
13 fails to follow a directive or comply with an information
14 request of the Panel, the performance of those duties shall
15 be subject to the direction of the Panel.
16 School boards shall specify in their formal job
17 description for principals that his or her primary
18 responsibility is in the improvement of instruction. A
19 majority of the time spent by a principal shall be spent on
20 curriculum and staff development through both formal and
21 informal activities, establishing clear lines of
22 communication regarding school goals, accomplishments,
23 practices and policies with parents and teachers.
24 Unless residency within a school district is made an
25 express condition of a person's employment or continued
26 employment as a principal of that school district at the time
27 of the person's initial employment as a principal of that
28 district, residency within that school district may not at
29 any time thereafter be made a condition of that person's
30 employment or continued employment as a principal of the
31 district, without regard to whether the person's initial
32 employment as a principal of the district began before or
33 begins on or after the effective date of this amendatory Act
34 of 1996 and without regard to whether that person's residency
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1 within or outside of the district began or was changed before
2 or begins or changes on or after that effective date. In no
3 event shall residency within a school district be considered
4 in determining the compensation of a principal or the
5 assignment or transfer of a principal to an attendance center
6 of the district.
7 School boards shall ensure that their principals are
8 evaluated on their instructional leadership ability and their
9 ability to maintain a positive education and learning
10 climate.
11 It shall also be the responsibility of the principal to
12 utilize resources of proper law enforcement agencies when the
13 safety and welfare of students and teachers are threatened by
14 illegal use of drugs and alcohol.
15 The principal shall submit recommendations to the
16 superintendent concerning the appointment, retention,
17 promotion and assignment of all personnel assigned to the
18 attendance center.
19 If a principal is absent due to extended illness or leave
20 of absence, an assistant principal may be assigned as acting
21 principal for a period not to exceed 60 school days.
22 (Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96;
23 revised 9-10-96.)
24 (105 ILCS 5/10-22.3d)
25 Sec. 10-22.3d. Woman's health care provider. Insurance
26 protection and benefits for employees are subject to the
27 provisions of Section 356r of the Illinois Insurance Code.
28 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
29 (105 ILCS 5/10-22.3e)
30 Sec. 10-22.3e. 10-22.3d. Post-parturition care.
31 Insurance protection and benefits for employees shall provide
32 the post-parturition care benefits required to be covered by
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1 a policy of accident and health insurance under Section 356s
2 356r of the Illinois Insurance Code.
3 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
4 (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
5 Sec. 10-22.5a. Attendance by foreign exchange students
6 and certain nonresident pupils.
7 (a) To enter into written agreements with cultural
8 exchange organizations, or with nationally recognized
9 eleemosynary institutions that promote excellence in the
10 arts, mathematics, or science. The written agreements may
11 provide for tuition free attendance at the local district
12 school by foreign exchange students, or by nonresident pupils
13 of eleemosynary institutions. The local board of education,
14 as part of the agreement, may require that the cultural
15 exchange program or the eleemosynary institutions provide
16 services to the district in exchange for the waiver of
17 nonresident tuition.
18 To enter into written agreements with adjacent school
19 districts to provide for tuition free attendance by a student
20 of the adjacent district when requested for the student's
21 health and safety by the student or parent and both districts
22 determine that the student's health or safety will be served
23 by such attendance. Districts shall not be required to enter
24 into such agreements nor be required to alter existing
25 transportation services due to the attendance of such
26 non-resident pupils.
27 (b) Nonresident pupils and foreign exchange students
28 attending school on a tuition free basis under such
29 agreements may be counted for the purposes of determining the
30 apportionment of State aid provided under Section 18-8 of
31 this Act. Provided that any cultural exchange organization or
32 eleemosynary institutions wishing to participate in an
33 agreement authorized under this Section must be approved in
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1 writing by the State Board of Education. The State Board of
2 Education may establish reasonable rules to determine the
3 eligibility of cultural exchange organizations or
4 eleemosynary institutions wishing to participate in
5 agreements authorized under this Section. No organization or
6 institution participating in agreements authorized under this
7 Section may exclude any individual for participation in its
8 program on account of the person's race, color, sex, religion
9 or nationality.
10 (Source: P.A. 89-480, eff. 1-1-97; 89-622, eff. 8-9-96;
11 revised 8-19-96.)
12 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
13 Sec. 10-22.6. Suspension or expulsion of pupils; school
14 searches.
15 (a) To expel pupils guilty of gross disobedience or
16 misconduct, and no action shall lie against them for such
17 expulsion. Expulsion shall take place only after the parents
18 have been requested to appear at a meeting of the board, or
19 with a hearing officer appointed by it, to discuss their
20 child's behavior. Such request shall be made by registered or
21 certified mail and shall state the time, place and purpose of
22 the meeting. The board, or a hearing officer appointed by it,
23 at such meeting shall state the reasons for dismissal and the
24 date on which the expulsion is to become effective. If a
25 hearing officer is appointed by the board he shall report to
26 the board a written summary of the evidence heard at the
27 meeting and the board may take such action thereon as it
28 finds appropriate.
29 (b) To suspend or by regulation to authorize the
30 superintendent of the district or the principal, assistant
31 principal, or dean of students of any school to suspend
32 pupils guilty of gross disobedience or misconduct, or to
33 suspend pupils guilty of gross disobedience or misconduct on
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1 the school bus from riding the school bus, and no action
2 shall lie against them for such suspension. The board may by
3 regulation authorize the superintendent of the district or
4 the principal, assistant principal, or dean of students of
5 any school to suspend pupils guilty of such acts for a period
6 not to exceed 10 school days. If a pupil is suspended due to
7 gross disobedience or misconduct on a school bus, the board
8 may suspend the pupil in excess of 10 school days for safety
9 reasons. Any suspension shall be reported immediately to the
10 parents or guardian of such pupil along with a full statement
11 of the reasons for such suspension and a notice of their
12 right to a review, a copy of which shall be given to the
13 school board. Upon request of the parents or guardian the
14 school board or a hearing officer appointed by it shall
15 review such action of the superintendent or principal,
16 assistant principal, or dean of students. At such review the
17 parents or guardian of the pupil may appear and discuss the
18 suspension with the board or its hearing officer. If a
19 hearing officer is appointed by the board he shall report to
20 the board a written summary of the evidence heard at the
21 meeting. After its hearing or upon receipt of the written
22 report of its hearing officer, the board may take such action
23 as it finds appropriate.
24 (c) The Department of Human Services shall be invited to
25 send a representative to consult with the board at such
26 meeting whenever there is evidence that mental illness may be
27 the cause for expulsion or suspension.
28 (d) The board may expel a student for a definite period
29 of time not to exceed 2 calendar years, as determined on a
30 case by case basis. A student who is determined to have
31 brought a weapon to school, any school-sponsored activity or
32 event, or any activity or event which bears a reasonable
33 relationship to school shall be expelled for a period of not
34 less than one year, except that the expulsion period may be
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1 modified by the board on a case by case basis. For purposes
2 of this Section, the term "weapon" means possession, use,
3 control or transfer of any object which may be used to cause
4 bodily harm, including but not limited to a weapon as defined
5 by Section 921 of Title 18, United States Code, firearm as
6 defined in Section 1.1 of the Firearm Owners Identification
7 Act, use of weapon as defined in Section 24-1 of the Criminal
8 Code, knives, guns, firearms, rifles, shotguns, brass
9 knuckles, billy clubs, or "look-alikes" thereof. Such items
10 as baseball bats, pipes, bottles, locks, sticks, pencils, and
11 pens may be considered weapons if used or attempted to be
12 used to cause bodily harm. Expulsion or suspension shall be
13 construed in a manner consistent with the Federal Individuals
14 with Disabilities Education Act. A student who is subject to
15 suspension or expulsion as provided in this Section may be
16 eligible for a transfer to an alternative school program in
17 accordance with Article 13A of the School Code. The
18 provisions of this subsection (d) apply in all school
19 districts, including special charter districts and districts
20 organized under Article 34.
21 (e) To maintain order and security in the schools,
22 school authorities may inspect and search places and areas
23 such as lockers, desks, parking lots, and other school
24 property and equipment owned or controlled by the school, as
25 well as personal effects left in those places and areas by
26 students, without notice to or the consent of the student,
27 and without a search warrant. As a matter of public policy,
28 the General Assembly finds that students have no reasonable
29 expectation of privacy in these places and areas or in their
30 personal effects left in these places and areas. School
31 authorities may request the assistance of law enforcement
32 officials for the purpose of conducting inspections and
33 searches of lockers, desks, parking lots, and other school
34 property and equipment owned or controlled by the school for
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1 illegal drugs, weapons, or other illegal or dangerous
2 substances or materials, including searches conducted through
3 the use of specially trained dogs. If a search conducted in
4 accordance with this Section produces evidence that the
5 student has violated or is violating either the law, local
6 ordinance, or the school's policies or rules, such evidence
7 may be seized by school authorities, and disciplinary action
8 may be taken. School authorities may also turn over such
9 evidence to law enforcement authorities. The provisions of
10 this subsection (e) apply in all school districts, including
11 special charter districts and districts organized under
12 Article 34.
13 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
14 89-610, eff. 8-6-96; revised 9-9-96.)
15 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
16 Sec. 10-22.20. Classes for adults and youths whose
17 schooling has been interrupted; Conditions for State
18 reimbursement; Use of child care facilities.
19 (a) To establish special classes for the instruction (1)
20 of persons of age 21 years or over, and (2) of persons less
21 than age 21 and not otherwise in attendance in public school,
22 for the purpose of providing adults in the community, and
23 youths whose schooling has been interrupted, with such
24 additional basic education, vocational skill training, and
25 other instruction as may be necessary to increase their
26 qualifications for employment or other means of self-support
27 and their ability to meet their responsibilities as citizens
28 including courses of instruction regularly accepted for
29 graduation from elementary or high schools and for
30 Americanization and General Educational Development Review
31 classes.
32 The board shall pay the necessary expenses of such
33 classes out of school funds of the district, including costs
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1 of student transportation and such facilities or provision
2 for child-care as may be necessary in the judgment of the
3 board to permit maximum utilization of the courses by
4 students with children, and other special needs of the
5 students directly related to such instruction. The expenses
6 thus incurred shall be subject to State reimbursement, as
7 provided in this Section. The board may make a tuition
8 charge for persons taking instruction who are not subject to
9 State reimbursement, such tuition charge not to exceed the
10 per capita cost of such classes.
11 The cost of such instruction, including the additional
12 expenses herein authorized, incurred for recipients of
13 financial aid under the Illinois Public Aid Code, or for
14 persons for whom education and training aid has been
15 authorized under Section 9-8 of that Code, shall be assumed
16 in its entirety from funds appropriated by the State to the
17 State Board of Education.
18 (b) The State Board of Education and the Illinois
19 Community College Board shall annually enter into an
20 interagency agreement to implement this Section. The
21 interagency agreement shall establish the standards for the
22 courses of instruction reimbursed under this Section. The
23 State Board of Education shall supervise the administration
24 of the programs. The State Board of Education shall
25 determine the cost of instruction in accordance with
26 standards jointly established by the State Board of Education
27 and the Illinois Community College Board as set forth in the
28 interagency agreement, including therein other incidental
29 costs as herein authorized, which shall serve as the basis of
30 State reimbursement in accordance with the provisions of
31 this Section. In the approval of programs and the
32 determination of the cost of instruction, the State Board of
33 Education shall provide for the maximum utilization of
34 federal funds for such programs. The interagency agreement
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1 shall also include:
2 (1) the development of an index of need for program
3 planning and for area funding allocations as defined by
4 the State Board of Education;
5 (2) the method for calculating hours of
6 instruction, as defined by the State Board of Education,
7 claimable for reimbursement and a method to phase in the
8 calculation and for adjusting the calculations in cases
9 where the services of a program are interrupted due to
10 circumstances beyond the control of the program provider;
11 (3) a plan for the reallocation of funds to
12 increase the amount allocated for grants based upon
13 program performance as set forth in subsection (d) below;
14 and
15 (4) the development of standards for determining
16 grants based upon performance as set forth in subsection
17 (d) below and a plan for the phased-in implementation of
18 those standards.
19 For instruction provided by school districts and
20 community college districts beginning July 1, 1996 and
21 thereafter, reimbursement provided by the State Board of
22 Education for classes authorized by this Section shall be
23 provided pursuant to the terms of the interagency agreement
24 from funds appropriated for the reimbursement criteria set
25 forth in subsection (c) below.
26 (c) Upon the annual approval of the interagency
27 agreement, reimbursement shall be first provided for
28 transportation, child care services, and other special needs
29 of the students directly related to instruction and then from
30 the funds remaining an amount equal to the product of the
31 total credit hours or units of instruction approved by the
32 State Board of Education, multiplied by the following:
33 (1) For adult basic education, the maximum
34 reimbursement per credit hour or per unit of instruction
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1 shall be equal to the general state aid per pupil
2 foundation level established in subsections 5(a) through
3 5(d) of Section 18-8, divided by 60;
4 (2) The maximum reimbursement per credit hour or
5 per unit of instruction in subparagraph (1) above shall
6 be weighted for students enrolled in classes defined as
7 vocational skills and approved by the State Board of
8 Education by 1.25;
9 (3) The maximum reimbursement per credit hour or
10 per unit of instruction in subparagraph (1) above shall
11 be multiplied by .90 for students enrolled in classes
12 defined as adult secondary education programs and
13 approved by the State Board of Education;
14 (4) For community college districts the maximum
15 reimbursement per credit hour in subparagraphs (1), (2),
16 and (3) above shall be reduced by the Adult Basic
17 Education/Adult Secondary Education/English As A Second
18 Language credit hour grant rate prescribed in Section
19 2-16.02 of the Public Community College Act, as pro-rated
20 to the appropriation level; and
21 (5) Programs receiving funds under the formula that
22 was in effect during the 1994-1995 program year which
23 continue to be approved and which generate at least 80%
24 of the hours claimable in 1994-95, or in the case of
25 programs not approved in 1994-95 at least 80% of the
26 hours claimable in 1995-96, shall have funding for
27 subsequent years based upon 100% of the 1995-96 formula
28 funding level for 1996-97, 90% of the 1995-96 formula
29 funding level for 1997-98, 80% of the 1995-96 formula
30 funding level for 1998-99, and 70% of the 1995-96 formula
31 funding level for 1999-2000. For any approved program
32 which generates less than 80% of the claimable hours in
33 its base year, the level of funding pursuant to this
34 paragraph shall be reduced proportionately. Funding for
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1 program years after 1999-2000 shall be pursuant to the
2 interagency agreement.
3 (d) Upon the annual approval of the interagency
4 agreement, the State Board of Education shall provide grants
5 to eligible programs for supplemental activities to improve
6 or expand services under the Adult Education Act. Eligible
7 programs shall be determined based upon performance outcomes
8 of students in the programs as set forth in the interagency
9 agreement.
10 (e) Reimbursement under this Section shall not exceed
11 the actual costs of the approved program.
12 If the amount appropriated to the State Board of
13 Education for reimbursement under this Section is less than
14 the amount required under this Act, the apportionment shall
15 be proportionately reduced.
16 School districts and community college districts may
17 assess students up to $3.00 per credit hour, for classes
18 other than Adult Basic Education level programs, if needed to
19 meet program costs.
20 (f) An education plan shall be established for each
21 adult or youth whose schooling has been interrupted and who
22 is participating in the instructional programs provided under
23 this Section.
24 Each school board and community college shall keep an
25 accurate and detailed account of the students assigned to and
26 receiving instruction under this Section who are subject to
27 State reimbursement and shall submit reports of services
28 provided commencing with fiscal year 1997 as required in the
29 interagency agreement.
30 For classes authorized under this Section, a credit hour
31 or unit of instruction is equal to 15 hours of direct
32 instruction for students enrolled in approved adult education
33 programs at midterm and making satisfactory progress, in
34 accordance with standards jointly established by the State
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1 Board of Education and the Illinois Community College Board
2 as set forth in the interagency agreement.
3 (g) Upon proof submitted to the Illinois Department of
4 Human Services of the payment of all claims submitted under
5 this Section, that Department shall apply for federal funds
6 made available therefor and any federal funds so received
7 shall be paid into the General Revenue Fund in the State
8 Treasury.
9 School districts or community colleges providing classes
10 under this Section shall submit applications to the State
11 Board of Education for preapproval in accordance with the
12 standards jointly established by the State Board of Education
13 and the Illinois Community College Board as set forth in the
14 interagency agreement. Payments shall be made by the State
15 Board of Education based upon approved programs. Interim
16 expenditure reports may be required by the State Board of
17 Education as set forth in the interagency agreement. Final
18 claims for the school year shall be submitted to the regional
19 superintendents for transmittal to the State Board of
20 Education as set forth in the interagency agreement. Final
21 adjusted payments shall be made by September 30.
22 If a school district or community college district fails
23 to provide, or is providing unsatisfactory or insufficient
24 classes under this Section, the State Board of Education may
25 enter into agreements with public or private educational or
26 other agencies other than the public schools for the
27 establishment of such classes.
28 (h) If a school district or community college district
29 establishes child-care facilities for the children of
30 participants in classes established under this Section, it
31 may extend the use of these facilities to students who have
32 obtained employment and to other persons in the community
33 whose children require care and supervision while the parent
34 or other person in charge of the children is employed or
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1 otherwise absent from the home during all or part of the day.
2 It may make the facilities available before and after as well
3 as during regular school hours to school age and preschool
4 age children who may benefit thereby, including children who
5 require care and supervision pending the return of their
6 parent or other person in charge of their care from
7 employment or other activity requiring absence from the home.
8 The State Board of Education shall pay to the board the
9 cost of care in the facilities for any child who is a
10 recipient of financial aid under The Illinois Public Aid
11 Code.
12 The board may charge for care of children for whom it
13 cannot make claim under the provisions of this Section. The
14 charge shall not exceed per capita cost, and to the extent
15 feasible, shall be fixed at a level which will permit
16 utilization by employed parents of low or moderate income.
17 It may also permit any other State or local governmental
18 agency or private agency providing care for children to
19 purchase care.
20 After July 1, 1970 when the provisions of Section
21 10-20.20 become operative in the district, children in a
22 child-care facility shall be transferred to the kindergarten
23 established under that Section for such portion of the day as
24 may be required for the kindergarten program, and only the
25 prorated costs of care and training provided in the Center
26 for the remaining period shall be charged to the Illinois
27 Department of Human Services or other persons or agencies
28 paying for such care.
29 (i) The provisions of this Section shall also apply to
30 school districts having a population exceeding 500,000.
31 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
32 revised 8-15-96.)
33 (105 ILCS 5/13A-8)
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1 Sec. 13A-8. Funding.
2 (a) The State of Illinois shall provide new and
3 additional funding for the alternative school programs within
4 each educational service region and within the Chicago public
5 school system by line item appropriation made to the State
6 Board of Education for that purpose. This money, when
7 appropriated, shall be provided to the regional
8 superintendent and to the Chicago Board of Education, who
9 shall establish a budget, including salaries, for all
10 alternative schools in that region.
11 (b) The school district in which the program is located
12 and from which a student is administratively transferred
13 shall, as a result of an administrative transfer, have its
14 average daily attendance funding with respect to that student
15 transferred to the alternative school program.
16 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
17 89-636, eff. 8-9-96; revised 9-12-96.)
18 (105 ILCS 5/13A-9)
19 Sec. 13A-9. Transportation. Subject to the requirements
20 of Article 29 and except as otherwise agreed by the parents,
21 school and regional superintendent, the school from which a
22 student is administratively transferred shall provide for or
23 any transportation that the transfer necessitates, if
24 transportation is required pursuant to Section 29-3. The
25 regional superintendent shall coordinate all transportation
26 arrangements with transferring school districts. The
27 regional superintendent may also arrange for cooperation
28 between school districts in the regional superintendent's
29 educational service region regarding the transportation needs
30 of transferred students in order to reduce the costs of that
31 transportation and to provide greater convenience for the
32 students involved.
33 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
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1 89-636, eff. 8-9-96.)
2 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
3 Sec. 18-8. Basis for apportionment to districts,
4 laboratory schools and alternative schools.
5 A. The amounts to be apportioned shall be determined for
6 each educational service region by school districts, as
7 follows:
8 1. General Provisions.
9 (a) In the computation of the amounts to be apportioned,
10 the average daily attendance of all pupils in grades 9
11 through 12 shall be multiplied by 1.25. The average daily
12 attendance of all pupils in grades 7 and 8 shall be
13 multiplied by 1.05.
14 (b) The actual number of pupils in average daily
15 attendance shall be computed in a one-teacher school district
16 by dividing the total aggregate days of pupil attendance by
17 the actual number of days school is in session but not more
18 than 30 such pupils shall be accredited for such type of
19 district; and in districts of 2 or more teachers, or in
20 districts where records of attendance are kept by session
21 teachers, by taking the sum of the respective averages of the
22 units composing the group.
23 (c) Pupils in average daily attendance shall be computed
24 upon the average of the best 3 months of pupils attendance of
25 the current school year except as district claims may be
26 later amended as provided hereinafter in this Section.
27 However, for any school district maintaining grades
28 kindergarten through 12, the "average daily attendance" shall
29 be computed on the average of the best 3 months of pupils
30 attendance of the current year in grades kindergarten through
31 8, added together with the average of the best 3 months of
32 pupils attendance of the current year in grades 9 through 12,
33 except as district claims may be later amended as provided in
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1 this Section. Days of attendance shall be kept by regular
2 calendar months, except any days of attendance in August
3 shall be added to the month of September and any days of
4 attendance in June shall be added to the month of May.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 (d) Pupils regularly enrolled in a public school for
15 only a part of the school day may be counted on the basis of
16 1/6 day for every class hour of instruction of 40 minutes or
17 more attended pursuant to such enrollment.
18 (e) Days of attendance may be less than 5 clock hours on
19 the opening and closing of the school term, and upon the
20 first day of pupil attendance, if preceded by a day or days
21 utilized as an institute or teachers' workshop.
22 (f) A session of 4 or more clock hours may be counted as
23 a day of attendance upon certification by the regional
24 superintendent, and approved by the State Superintendent of
25 Education to the extent that the district has been forced to
26 use daily multiple sessions.
27 (g) A session of 3 or more clock hours may be counted as
28 a day of attendance (1) when the remainder of the school day
29 or at least 2 hours in the evening of that day is utilized
30 for an in-service training program for teachers, up to a
31 maximum of 5 days per school year of which a maximum of 4
32 days of such 5 days may be used for parent-teacher
33 conferences, provided a district conducts an in-service
34 training program for teachers which has been approved by the
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1 State Superintendent of Education; or, in lieu of 4 such
2 days, 2 full days may be used, in which event each such day
3 may be counted as a day of attendance; and (2) when days in
4 addition to those provided in item (1) are scheduled by a
5 school pursuant to its school improvement plan adopted under
6 Article 34 or its revised or amended school improvement plan
7 adopted under Article 2, provided that (i) such sessions of 3
8 or more clock hours are scheduled to occur at regular
9 intervals, (ii) the remainder of the school days in which
10 such sessions occur are utilized for in-service training
11 programs or other staff development activities for teachers,
12 and (iii) a sufficient number of minutes of school work under
13 the direct supervision of teachers are added to the school
14 days between such regularly scheduled sessions to accumulate
15 not less than the number of minutes by which such sessions of
16 3 or more clock hours fall short of 5 clock hours. Any full
17 days used for the purposes of this paragraph shall not be
18 considered for computing average daily attendance. Days
19 scheduled for in-service training programs, staff development
20 activities, or parent-teacher conferences may be scheduled
21 separately for different grade levels and different
22 attendance centers of the district.
23 (h) A session of not less than one clock hour teaching
24 of hospitalized or homebound pupils on-site or by telephone
25 to the classroom may be counted as 1/2 day of attendance,
26 however these pupils must receive 4 or more clock hours of
27 instruction to be counted for a full day of attendance.
28 (i) A session of at least 4 clock hours may be counted
29 as a day of attendance for first grade pupils, and pupils in
30 full day kindergartens, and a session of 2 or more hours may
31 be counted as 1/2 day of attendance by pupils in
32 kindergartens which provide only 1/2 day of attendance.
33 (j) For children with disabilities who are below the age
34 of 6 years and who cannot attend two or more clock hours
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1 because of their disability or immaturity, a session of not
2 less than one clock hour may be counted as 1/2 day of
3 attendance; however for such children whose educational needs
4 so require a session of 4 or more clock hours may be counted
5 as a full day of attendance.
6 (k) A recognized kindergarten which provides for only
7 1/2 day of attendance by each pupil shall not have more than
8 1/2 day of attendance counted in any 1 day. However,
9 kindergartens may count 2 1/2 days of attendance in any 5
10 consecutive school days. Where a pupil attends such a
11 kindergarten for 2 half days on any one school day, such
12 pupil shall have the following day as a day absent from
13 school, unless the school district obtains permission in
14 writing from the State Superintendent of Education.
15 Attendance at kindergartens which provide for a full day of
16 attendance by each pupil shall be counted the same as
17 attendance by first grade pupils. Only the first year of
18 attendance in one kindergarten shall be counted except in
19 case of children who entered the kindergarten in their fifth
20 year whose educational development requires a second year of
21 kindergarten as determined under the rules and regulations of
22 the State Board of Education.
23 (l) Days of attendance by tuition pupils shall be
24 accredited only to the districts that pay the tuition to a
25 recognized school.
26 (m) The greater of the immediately preceding year's
27 weighted average daily attendance or the average of the
28 weighted average daily attendance of the immediately
29 preceding year and the previous 2 years shall be used.
30 For any school year beginning July 1, 1986 or thereafter,
31 if the weighted average daily attendance in either grades
32 kindergarten through 8 or grades 9 through 12 of a district
33 as computed for the first calendar month of the current
34 school year exceeds by more than 5%, but not less than 25
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1 pupils, the district's weighted average daily attendance for
2 the first calendar month of the immediately preceding year
3 in, respectively, grades kindergarten through 8 or grades 9
4 through 12, a supplementary payment shall be made to the
5 district equal to the difference in the amount of aid the
6 district would be paid under this Section using the weighted
7 average daily attendance in the district as computed for the
8 first calendar month of the current school year and the
9 amount of aid the district would be paid using the weighted
10 average daily attendance in the district for the first
11 calendar month of the immediately preceding year. Such
12 supplementary State aid payment shall be paid to the district
13 as provided in Section 18-8.4 and shall be treated as
14 separate from all other payments made pursuant to this
15 Section 18-8.
16 (n) The number of low income eligible pupils in a
17 district shall result in an increase in the weighted average
18 daily attendance calculated as follows: The number of low
19 income pupils shall increase the weighted ADA by .53 for each
20 student adjusted by dividing the percent of low income
21 eligible pupils in the district by the ratio of eligible low
22 income pupils in the State to the best 3 months' weighted
23 average daily attendance in the State. In no case may the
24 adjustment under this paragraph result in a greater weighting
25 than .625 for each eligible low income student. The number
26 of low income eligible pupils in a district shall be the
27 low-income eligible count from the most recently available
28 federal census and the weighted average daily attendance
29 shall be calculated in accordance with the other provisions
30 of this paragraph.
31 (o) Any school district which fails for any given school
32 year to maintain school as required by law, or to maintain a
33 recognized school is not eligible to file for such school
34 year any claim upon the common school fund. In case of
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1 nonrecognition of one or more attendance centers in a school
2 district otherwise operating recognized schools, the claim of
3 the district shall be reduced in the proportion which the
4 average daily attendance in the attendance center or centers
5 bear to the average daily attendance in the school district.
6 A "recognized school" means any public school which meets the
7 standards as established for recognition by the State Board
8 of Education. A school district or attendance center not
9 having recognition status at the end of a school term is
10 entitled to receive State aid payments due upon a legal claim
11 which was filed while it was recognized.
12 (p) School district claims filed under this Section are
13 subject to Sections 18-9, 18-10 and 18-12, except as herein
14 otherwise provided.
15 (q) The State Board of Education shall secure from the
16 Department of Revenue the value as equalized or assessed by
17 the Department of Revenue of all taxable property of every
18 school district together with the applicable tax rate used in
19 extending taxes for the funds of the district as of September
20 30 of the previous year. The Department of Revenue shall add
21 to the equalized assessed value of all taxable property of
22 each school district situated entirely or partially within a
23 county with 2,000,000 or more inhabitants an amount equal to
24 the total amount by which the homestead exemptions allowed
25 under Sections 15-170 and 15-175 of the Property Tax Code for
26 real property situated in that school district exceeds the
27 total amount that would have been allowed in that school
28 district as homestead exemptions under those Sections if the
29 maximum reduction under Section 15-170 of the Property Tax
30 Code was $2,000 and the maximum reduction under Section
31 15-175 of the Property Tax Code was $3,500. The county clerk
32 of any county with 2,000,000 or more inhabitants shall
33 annually calculate and certify to the Department for each
34 school district all homestead exemption amounts required by
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1 this amendatory Act of 1992. In a new district which has not
2 had any tax rates yet determined for extension of taxes, a
3 leveled uniform rate shall be computed from the latest amount
4 of the fund taxes extended on the several areas within such
5 new district.
6 (r) If a school district operates a full year school
7 under Section 10-19.1, the general state aid to the school
8 district shall be determined by the State Board of Education
9 in accordance with this Section as near as may be applicable.
10 2. New or recomputed claim. The general State aid
11 entitlement for a newly created school district or a district
12 which has annexed an entire school district shall be computed
13 using attendance, compensatory pupil counts, equalized
14 assessed valuation, and tax rate data which would have been
15 used had the district been in existence for 3 years. General
16 State aid entitlements shall not be recomputed except as
17 permitted herein.
18 3. Impaction. Impaction payments shall be made as
19 provided for in Section 18-4.2.
20 4. Summer school. Summer school payments shall be made
21 as provided in Section 18-4.3.
22 5. Computation of State aid. The State grant shall be
23 determined as follows:
24 (a) The State shall guarantee the amount of money that a
25 district's operating tax rate as limited in other Sections of
26 this Act would produce if every district maintaining grades
27 kindergarten through 12 had an equalized assessed valuation
28 equal to $74,791 per weighted ADA pupil; every district
29 maintaining grades kindergarten through 8 had an equalized
30 assessed valuation of $108,644 per weighted ADA pupil; and
31 every district maintaining grades 9 through 12 had an
32 equalized assessed valuation of $187,657 per weighted ADA
33 pupil. The State Board of Education shall adjust the
34 equalized assessed valuation amounts stated in this
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1 paragraph, if necessary, to conform to the amount of the
2 appropriation approved for any fiscal year.
3 (b) The operating tax rate to be used shall consist of
4 all district taxes extended for all purposes except community
5 college educational purposes for the payment of tuition under
6 Section 6-1 of the Public Community College Act, Bond and
7 Interest, Summer School, Rent, Capital Improvement and
8 Vocational Education Building. Any district may elect to
9 exclude Transportation from the calculation of its operating
10 tax rate. Districts may include taxes extended for the
11 payment of principal and interest on bonds issued under the
12 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
13 per year for each purpose or the actual rate extended,
14 whichever is less.
15 (c) For calculation of aid under this Act a district
16 shall use the combined authorized tax rates of all funds not
17 exempt in (b) above, not to exceed 2.76% of the value of all
18 its taxable property as equalized or assessed by the
19 Department of Revenue for districts maintaining grades
20 kindergarten through 12; 1.90% of the value of all its
21 taxable property as equalized or assessed by the Department
22 of Revenue for districts maintaining grades kindergarten
23 through 8 only; 1.10% of the value of all its taxable
24 property as equalized or assessed by the Department of
25 Revenue for districts maintaining grades 9 through 12 only.
26 A district may, however, as provided in Article 17, increase
27 its operating tax rate above the maximum rate provided in
28 this subsection without affecting the amount of State aid to
29 which it is entitled under this Act.
30 (d) (1) For districts maintaining grades kindergarten
31 through 12 with an operating tax rate as described in
32 subsections 5(b) and (c) of less than 2.18%, and districts
33 maintaining grades kindergarten through 8 with an operating
34 tax rate of less than 1.28%, State aid shall be computed by
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1 multiplying the difference between the guaranteed equalized
2 assessed valuation per weighted ADA pupil in subsection 5(a)
3 and the equalized assessed valuation per weighted ADA pupil
4 in the district by the operating tax rate, multiplied by the
5 weighted average daily attendance of the district; provided,
6 however, that for the 1989-1990 school year only, a school
7 district maintaining grades kindergarten through 8 whose
8 operating tax rate with reference to which its general State
9 aid for the 1989-1990 school year is determined is less than
10 1.28% and more than 1.090%, and which had an operating tax
11 rate of 1.28% or more for the previous year, shall have its
12 general State aid computed according to the provisions of
13 subsection 5(d)(2).
14 (2) For districts maintaining grades kindergarten
15 through 12 with an operating tax rate as described in
16 subsection 5(b) and (c) of 2.18% and above, the State aid
17 shall be computed as provided in subsection (d) (1) but as
18 though the district had an operating tax rate of 2.76%; in
19 K-8 districts with an operating tax rate of 1.28% and above,
20 the State aid shall be computed as provided in subsection (d)
21 (1) but as though the district had an operating tax rate of
22 1.90%; and in 9-12 districts, the State aid shall be computed
23 by multiplying the difference between the guaranteed
24 equalized assessed valuation per weighted average daily
25 attendance pupil in subsection 5(a) and the equalized
26 assessed valuation per weighted average daily attendance
27 pupil in the district by the operating tax rate, not to
28 exceed 1.10%, multiplied by the weighted average daily
29 attendance of the district. State aid computed under the
30 provisions of this subsection (d) (2) shall be treated as
31 separate from all other payments made pursuant to this
32 Section. The State Comptroller and State Treasurer shall
33 transfer from the General Revenue Fund to the Common School
34 Fund the amounts necessary to permit these claims to be paid
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1 in equal installments along with other State aid payments
2 remaining to be made for the 1983-1984 school year under this
3 Section.
4 (3) For any school district whose 1995 equalized
5 assessed valuation is at least 6% less than its 1994
6 equalized assessed valuation as the result of a reduction in
7 the equalized assessed valuation of the taxable property
8 within such district of any one taxpayer whose taxable
9 property within the district has a 1994 equalized assessed
10 valuation constituting at least 20% of the 1994 equalized
11 assessed valuation of all taxable property within the
12 district, the 1996-97 State aid of such district shall be
13 computed using its 1995 equalized assessed valuation.
14 (4) For any school district whose 1988 equalized
15 assessed valuation is 55% or less of its 1981 equalized
16 assessed valuation, the 1990-91 State aid of such district
17 shall be computed by multiplying the 1988 equalized assessed
18 valuation by a factor of .8. Any such school district which
19 is reorganized effective for the 1991-92 school year shall
20 use the formula provided in this subparagraph for purposes of
21 the calculation made pursuant to subsection (m) of this
22 Section.
23 (e) The amount of State aid shall be computed under the
24 provisions of subsections 5(a) through 5(d) provided the
25 equalized assessed valuation per weighted ADA pupil is less
26 than .87 of the amounts in subsection 5(a). If the equalized
27 assessed valuation per weighted ADA pupil is equal to or
28 greater than .87 of the amounts in subsection 5(a), the State
29 aid shall be computed under the provisions of subsection
30 5(f).
31 (f) If the equalized assessed valuation per weighted ADA
32 pupil is equal to or greater than .87 of the amounts in
33 subsection 5(a), the State aid per weighted ADA pupil shall
34 be computed by multiplying the product of .13 times the
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1 maximum per pupil amount computed under the provisions of
2 subsections 5(a) through 5(d) by an amount equal to the
3 quotient of .87 times the equalized assessed valuation per
4 weighted ADA pupil in subsection 5(a) for that type of
5 district divided by the district equalized valuation per
6 weighted ADA pupil except in no case shall the district
7 receive State aid per weighted ADA pupil of less than .07
8 times the maximum per pupil amount computed under the
9 provisions of subsections 5(a) through 5(d).
10 (g) In addition to the above grants, summer school
11 grants shall be made based upon the calculation as provided
12 in subsection 4 of this Section.
13 (h) The board of any district receiving any of the
14 grants provided for in this Section may apply those funds to
15 any fund so received for which that board is authorized to
16 make expenditures by law.
17 (i) (1) (a) In school districts with an average daily
18 attendance of 50,000 or more, the amount which is provided
19 under subsection 1(n) of this Section by the application of a
20 base Chapter 1 weighting factor of .375 shall be distributed
21 to the attendance centers within the district in proportion
22 to the number of pupils enrolled at each attendance center
23 who are eligible to receive free or reduced-price lunches or
24 breakfasts under the federal Child Nutrition Act of 1966 and
25 under the National School Lunch Act during the immediately
26 preceding school year. The amount of State aid provided
27 under subsection 1(n) of this Section by the application of
28 the Chapter 1 weighting factor in excess of .375 shall be
29 distributed to the attendance centers within the district in
30 proportion to the total enrollment at each attendance center.
31 Beginning with school year 1989-90, and each school year
32 thereafter, all funds provided under subsection 1 (n) of this
33 Section by the application of the Chapter 1 weighting factor
34 which are in excess of the level of non-targeted Chapter 1
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1 funds in school year 1988-89 shall be distributed to
2 attendance centers, and only to attendance centers, within
3 the district in proportion to the number of pupils enrolled
4 at each attendance center who are eligible to receive free or
5 reduced price lunches or breakfasts under the Federal Child
6 Nutrition Act and under the National School Lunch Act during
7 the immediately preceding school year. Beginning in school
8 year 1989-90, 25% of the previously non-targeted Chapter 1
9 funds as established for school year 1988-89 shall also be
10 distributed to the attendance centers, and only to attendance
11 centers, in the district in proportion to the number of
12 pupils enrolled at each attendance center who are eligible to
13 receive free or reduced price lunches or breakfasts under the
14 Federal Child Nutrition Act and under the National School
15 Lunch Act during the immediately preceding school year; in
16 school year 1990-91, 50% of the previously non-targeted
17 Chapter 1 funds as established for school year 1988-89 shall
18 be distributed to attendance centers, and only to attendance
19 centers, in the district in proportion to the number of
20 pupils enrolled at each attendance center who are eligible to
21 receive such free or reduced price lunches or breakfasts
22 during the immediately preceding school year; in school year
23 1991-92, 75% of the previously non-targeted Chapter 1 funds
24 as established for school year 1988-89 shall be distributed
25 to attendance centers, and only to attendance centers, in the
26 district in proportion to the number of pupils enrolled at
27 each attendance center who are eligible to receive such free
28 or reduced price lunches or breakfasts during the immediately
29 preceding school year; in school year 1992-93 and thereafter,
30 all funds provided under subsection 1 (n) of this Section by
31 the application of the Chapter 1 weighting factor shall be
32 distributed to attendance centers, and only to attendance
33 centers, in the district in proportion to the number of
34 pupils enrolled at each attendance center who are eligible to
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1 receive free or reduced price lunches or breakfasts under the
2 Federal Child Nutrition Act and under the National School
3 Lunch Act during the immediately preceding school year;
4 provided, however, that the distribution formula in effect
5 beginning with school year 1989-90 shall not be applicable to
6 such portion of State aid provided under subsection 1 (n) of
7 this Section by the application of the Chapter 1 weighting
8 formula as is set aside and appropriated by the school
9 district for the purpose of providing desegregation programs
10 and related transportation to students (which portion shall
11 not exceed 5% of the total amount of State aid which is
12 provided under subsection 1 (n) of this Section by
13 application of the Chapter 1 weighting formula), and the
14 relevant percentages shall be applied to the remaining
15 portion of such State aid. The distribution of these
16 portions of general State aid among attendance centers
17 according to these requirements shall not be compensated for
18 or contravened by adjustments of the total of other funds
19 appropriated to any attendance centers. (b) The Board of
20 Education shall utilize funding from one or several sources
21 in order to fully implement this provision annually prior to
22 the opening of school. The Board of Education shall apply
23 savings from reduced administrative costs required under
24 Section 34-43.1 and growth in non-Chapter 1 State and local
25 funds to assure that all attendance centers receive funding
26 to replace losses due to redistribution of Chapter 1 funding.
27 The distribution formula and funding to replace losses due to
28 the distribution formula shall occur, in full, using any and
29 all sources available, including, if necessary, revenue from
30 administrative reductions beyond those required in Section
31 34-43.1, in order to provide the necessary funds. (c) Each
32 attendance center shall be provided by the school district a
33 distribution of noncategorical funds and other categorical
34 funds to which an attendance center is entitled under law in
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1 order that the State aid provided by application of the
2 Chapter 1 weighting factor and required to be distributed
3 among attendance centers according to the requirements of
4 this paragraph supplements rather than supplants the
5 noncategorical funds and other categorical funds provided by
6 the school district to the attendance centers.
7 Notwithstanding the foregoing provisions of this subsection
8 5(i)(1) or any other law to the contrary, beginning with the
9 1995-1996 school year and for each school year thereafter,
10 the board of a school district to which the provisions of
11 this subsection apply shall be required to allocate or
12 provide to attendance centers of the district in any such
13 school year, from the State aid provided for the district
14 under this Section by application of the Chapter 1 weighting
15 factor, an aggregate amount of not less than $261,000,000 of
16 State Chapter 1 funds. Any State Chapter 1 funds that by
17 reason of the provisions of this paragraph are not required
18 to be allocated and provided to attendance centers may be
19 used and appropriated by the board of the district for any
20 lawful school purpose. Chapter 1 funds received by an
21 attendance center (except those funds set aside for
22 desegregation programs and related transportation to
23 students) shall be used on the schedule cited in this Section
24 at the attendance center at the discretion of the principal
25 and local school council for programs to improve educational
26 opportunities at qualifying schools through the following
27 programs and services: early childhood education, reduced
28 class size or improved adult to student classroom ratio,
29 enrichment programs, remedial assistance, attendance
30 improvement and other educationally beneficial expenditures
31 which supplement the regular and basic programs as determined
32 by the State Board of Education. Chapter 1 funds shall not
33 be expended for any political or lobbying purposes as defined
34 by board rule. (d) Each district subject to the provisions of
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1 this paragraph shall submit an acceptable plan to meet the
2 educational needs of disadvantaged children, in compliance
3 with the requirements of this paragraph, to the State Board
4 of Education prior to July 15 of each year. This plan shall
5 be consistent with the decisions of local school councils
6 concerning the school expenditure plans developed in
7 accordance with part 4 of Section 34-2.3. The State Board
8 shall approve or reject the plan within 60 days after its
9 submission. If the plan is rejected the district shall give
10 written notice of intent to modify the plan within 15 days of
11 the notification of rejection and then submit a modified plan
12 within 30 days after the date of the written notice of intent
13 to modify. Districts may amend approved plans pursuant to
14 rules promulgated by the State Board of Education.
15 Upon notification by the State Board of Education that
16 the district has not submitted a plan prior to July 15 or a
17 modified plan within the time period specified herein, the
18 State aid funds affected by said plan or modified plan shall
19 be withheld by the State Board of Education until a plan or
20 modified plan is submitted.
21 If the district fails to distribute State aid to
22 attendance centers in accordance with an approved plan, the
23 plan for the following year shall allocate funds, in addition
24 to the funds otherwise required by this subparagraph, to
25 those attendance centers which were underfunded during the
26 previous year in amounts equal to such underfunding.
27 For purposes of determining compliance with this
28 subsection in relation to Chapter 1 expenditures, each
29 district subject to the provisions of this subsection shall
30 submit as a separate document by December 1 of each year a
31 report of Chapter 1 expenditure data for the prior year in
32 addition to any modification of its current plan. If it is
33 determined that there has been a failure to comply with the
34 expenditure provisions of this subsection regarding
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1 contravention or supplanting, the State Superintendent of
2 Education shall, within 60 days of receipt of the report,
3 notify the district and any affected local school council.
4 The district shall within 45 days of receipt of that
5 notification inform the State Superintendent of Education of
6 the remedial or corrective action to be taken, whether by
7 amendment of the current plan, if feasible, or by adjustment
8 in the plan for the following year. Failure to provide the
9 expenditure report or the notification of remedial or
10 corrective action in a timely manner shall result in a
11 withholding of the affected funds.
12 The State Board of Education shall promulgate rules and
13 regulations to implement the provisions of this subsection
14 5(i)(1). No funds shall be released under subsection 1(n) of
15 this Section or under this subsection 5(i)(1) to any district
16 which has not submitted a plan which has been approved by the
17 State Board of Education.
18 (2) School districts with an average daily attendance of
19 more than 1,000 and less than 50,000 and having a low income
20 pupil weighting factor in excess of .53 shall submit a plan
21 to the State Board of Education prior to October 30 of each
22 year for the use of the funds resulting from the application
23 of subsection 1(n) of this Section for the improvement of
24 instruction in which priority is given to meeting the
25 education needs of disadvantaged children. Such plan shall
26 be submitted in accordance with rules and regulations
27 promulgated by the State Board of Education.
28 (j) For the purposes of calculating State aid under this
29 Section, with respect to any part of a school district within
30 a redevelopment project area in respect to which a
31 municipality has adopted tax increment allocation financing
32 pursuant to the Tax Increment Allocation Redevelopment Act,
33 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
34 Municipal Code or the Industrial Jobs Recovery Law, Sections
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1 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
2 no part of the current equalized assessed valuation of real
3 property located in any such project area which is
4 attributable to an increase above the total initial equalized
5 assessed valuation of such property shall be used in
6 computing the equalized assessed valuation per weighted ADA
7 pupil in the district, until such time as all redevelopment
8 project costs have been paid, as provided in Section
9 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
10 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
11 For the purpose of computing the equalized assessed valuation
12 per weighted ADA pupil in the district the total initial
13 equalized assessed valuation or the current equalized
14 assessed valuation, whichever is lower, shall be used until
15 such time as all redevelopment project costs have been paid.
16 (k) For a school district operating under the financial
17 supervision of an Authority created under Article 34A, the
18 State aid otherwise payable to that district under this
19 Section, other than State aid attributable to Chapter 1
20 students, shall be reduced by an amount equal to the budget
21 for the operations of the Authority as certified by the
22 Authority to the State Board of Education, and an amount
23 equal to such reduction shall be paid to the Authority
24 created for such district for its operating expenses in the
25 manner provided in Section 18-11. The remainder of State
26 school aid for any such district shall be paid in accordance
27 with Article 34A when that Article provides for a disposition
28 other than that provided by this Article.
29 (l) For purposes of calculating State aid under this
30 Section, the equalized assessed valuation for a school
31 district used to compute State aid shall be determined by
32 adding to the real property equalized assessed valuation for
33 the district an amount computed by dividing the amount of
34 money received by the district under the provisions of "An
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1 Act in relation to the abolition of ad valorem personal
2 property tax and the replacement of revenues lost thereby",
3 certified August 14, 1979, by the total tax rate for the
4 district. For purposes of this subsection 1976 tax rates
5 shall be used for school districts in the county of Cook and
6 1977 tax rates shall be used for school districts in all
7 other counties.
8 (m) (1) For a new school district formed by combining
9 property included totally within 2 or more previously
10 existing school districts, for its first year of existence or
11 if the new district was formed after October 31, 1982 and
12 prior to September 23, 1985, for the year immediately
13 following September 23, 1985, the State aid calculated under
14 this Section shall be computed for the new district and for
15 the previously existing districts for which property is
16 totally included within the new district. If the computation
17 on the basis of the previously existing districts is greater,
18 a supplementary payment equal to the difference shall be made
19 for the first 3 years of existence of the new district or if
20 the new district was formed after October 31, 1982 and prior
21 to September 23, 1985, for the 3 years immediately following
22 September 23, 1985.
23 (2) For a school district which annexes all of the
24 territory of one or more entire other school districts, for
25 the first year during which the change of boundaries
26 attributable to such annexation becomes effective for all
27 purposes as determined under Section 7-9 or 7A-8, the State
28 aid calculated under this Section shall be computed for the
29 annexing district as constituted after the annexation and for
30 the annexing and each annexed district as constituted prior
31 to the annexation; and if the computation on the basis of the
32 annexing and annexed districts as constituted prior to the
33 annexation is greater, a supplementary payment equal to the
34 difference shall be made for the first 3 years of existence
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1 of the annexing school district as constituted upon such
2 annexation.
3 (3) For 2 or more school districts which annex all of
4 the territory of one or more entire other school districts,
5 and for 2 or more community unit districts which result upon
6 the division (pursuant to petition under Section 11A-2) of
7 one or more other unit school districts into 2 or more parts
8 and which together include all of the parts into which such
9 other unit school district or districts are so divided, for
10 the first year during which the change of boundaries
11 attributable to such annexation or division becomes effective
12 for all purposes as determined under Section 7-9 or 11A-10,
13 as the case may be, the State aid calculated under this
14 Section shall be computed for each annexing or resulting
15 district as constituted after the annexation or division and
16 for each annexing and annexed district, or for each resulting
17 and divided district, as constituted prior to the annexation
18 or division; and if the aggregate of the State aid as so
19 computed for the annexing or resulting districts as
20 constituted after the annexation or division is less than the
21 aggregate of the State aid as so computed for the annexing
22 and annexed districts, or for the resulting and divided
23 districts, as constituted prior to the annexation or
24 division, then a supplementary payment equal to the
25 difference shall be made and allocated between or among the
26 annexing or resulting districts, as constituted upon such
27 annexation or division, for the first 3 years of their
28 existence. The total difference payment shall be allocated
29 between or among the annexing or resulting districts in the
30 same ratio as the pupil enrollment from that portion of the
31 annexed or divided district or districts which is annexed to
32 or included in each such annexing or resulting district bears
33 to the total pupil enrollment from the entire annexed or
34 divided district or districts, as such pupil enrollment is
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1 determined for the school year last ending prior to the date
2 when the change of boundaries attributable to the annexation
3 or division becomes effective for all purposes. The amount
4 of the total difference payment and the amount thereof to be
5 allocated to the annexing or resulting districts shall be
6 computed by the State Board of Education on the basis of
7 pupil enrollment and other data which shall be certified to
8 the State Board of Education, on forms which it shall provide
9 for that purpose, by the regional superintendent of schools
10 for each educational service region in which the annexing and
11 annexed districts, or resulting and divided districts are
12 located.
13 (4) If a unit school district annexes all the territory
14 of another unit school district effective for all purposes
15 pursuant to Section 7-9 on July 1, 1988, and if part of the
16 annexed territory is detached within 90 days after July 1,
17 1988, then the detachment shall be disregarded in computing
18 the supplementary State aid payments under this paragraph (m)
19 for the entire 3 year period and the supplementary State aid
20 payments shall not be diminished because of the detachment.
21 (5) Any supplementary State aid payment made under this
22 paragraph (m) shall be treated as separate from all other
23 payments made pursuant to this Section.
24 (n) For the purposes of calculating State aid under this
25 Section, the real property equalized assessed valuation for a
26 school district used to compute State aid shall be determined
27 by subtracting from the real property value as equalized or
28 assessed by the Department of Revenue for the district an
29 amount computed by dividing the amount of any abatement of
30 taxes under Section 18-170 of the Property Tax Code by the
31 maximum operating tax rates specified in subsection 5(c) of
32 this Section and an amount computed by dividing the amount of
33 any abatement of taxes under subsection (a) of Section 18-165
34 of the Property Tax Code by the maximum operating tax rates
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1 specified in subsection 5(c) of this Section.
2 (o) Notwithstanding any other provisions of this
3 Section, for the 1996-1997 school year the amount of the
4 aggregate general State aid entitlement that is received
5 under this Section by each school district for that school
6 year shall be not less than the amount of the aggregate
7 general State aid entitlement that was received by the
8 district under this Section for the 1995-1996 school year. If
9 a school district is to receive an aggregate general State
10 aid entitlement under this Section for the 1996-1997 school
11 year that is less than the amount of the aggregate general
12 State aid entitlement that the district received under this
13 Section for the 1995-1996 school year, the school district
14 shall also receive, from a separate appropriation made for
15 purposes of this paragraph (o), a supplementary payment that
16 is equal to the amount by which the general State aid
17 entitlement received by the district under this Section for
18 the 1995-1996 school year exceeds the general State aid
19 entitlement that the district is to receive under this
20 Section for the 1996-1997 school year. If the amount
21 appropriated for supplementary payments to school districts
22 under this paragraph (o) is insufficient for that purpose,
23 the supplementary payments that districts are to receive
24 under this paragraph shall be prorated according to the
25 aggregate amount of the appropriation made for purposes of
26 this paragraph.
27 B. In calculating the amount to be paid to the governing
28 board of a public university that operates a laboratory
29 school under this Section or to any alternative school that
30 is operated by a regional superintendent, the State Board of
31 Education shall require by rule such reporting requirements
32 as it deems necessary.
33 As used in this Section, "laboratory school" means a
34 public school which is created and operated by a public
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1 university and approved by the State Board of Education. The
2 governing board of a public university which receives funds
3 from the State Board under this subsection B may not increase
4 the number of students enrolled in its laboratory school from
5 a single district, if that district is already sending 50 or
6 more students, except under a mutual agreement between the
7 school board of a student's district of residence and the
8 university which operates the laboratory school. A
9 laboratory school may not have more than 1,000 students,
10 excluding students with disabilities in a special education
11 program.
12 As used in this Section, "alternative school" means a
13 public school which is created and operated by a Regional
14 Superintendent of Schools and approved by the State Board of
15 Education. Such alternative schools may offer courses of
16 instruction for which credit is given in regular school
17 programs, courses to prepare students for the high school
18 equivalency testing program or vocational and occupational
19 training.
20 Each laboratory and alternative school shall file, on
21 forms provided by the State Superintendent of Education, an
22 annual State aid claim which states the average daily
23 attendance of the school's students by month. The best 3
24 months' average daily attendance shall be computed for each
25 school. The weighted average daily attendance shall be
26 computed and the weighted average daily attendance for the
27 school's most recent 3 year average shall be compared to the
28 most recent weighted average daily attendance, and the
29 greater of the 2 shall be used for the calculation under this
30 subsection B. The general State aid entitlement shall be
31 computed by multiplying the school's student count by the
32 foundation level as determined under this Section.
33 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
34 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
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1 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
2 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
3 eff. 8-16-96; revised 9-10-96.)
4 (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
5 Sec. 24-2. Holidays. Teachers shall not be required to
6 teach on Saturdays; nor shall teachers or other school
7 employees, other than noncertificated school employees whose
8 presence is necessary because of an emergency or for the
9 continued operation and maintenance of school facilities or
10 property, be required to work on legal school holidays, which
11 are January 1, New Year's Day; the third Monday in January,
12 the Birthday of Dr. Martin Luther King, Jr.; February 12, the
13 Birthday of President Abraham Lincoln; the first Monday in
14 March (to be known as Casimir Pulaski's birthday); Good
15 Friday; the day designated as Memorial Day by federal law;
16 July 4, Independence Day; the first Monday in September,
17 Labor Day; the second Monday in October, Columbus Day;
18 November 11, Veteran's Day; the Thursday in November commonly
19 called Thanksgiving Day; and December 25, Christmas Day.
20 School boards may grant special holidays whenever in their
21 judgment such action is advisable, except that no school
22 board or board of education in a school district having a
23 population exceeding 500,000 the board of education may not
24 designate or observe as a legal or special holiday on which
25 teachers or other school employees are not required to work
26 the days on which general elections for members of the
27 Illinois House of Representatives are held. No deduction
28 shall be made from the time or compensation of a school
29 employee on account of any legal or special holiday.
30 Commemorative holidays, which recognize specified
31 patriotic, civic, cultural or historical persons, activities,
32 or events, are regular school days. Commemorative holidays
33 are: January 28 (to be known as Christa McAuliffe Day and
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1 observed as a commemoration of space exploration), February
2 15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
3 Veterans Day), the school day immediately preceding Veteran's
4 Day (Korean War Veterans Day), October 1 (Recycling Day),
5 December 7 (Pearl Harbor Veterans Day) and any day so
6 appointed by the President or Governor. School boards may
7 establish commemorative holidays whenever in their judgment
8 such action is advisable. School boards shall include
9 instruction relative to commemorated persons, activities, or
10 events on the commemorative holiday or at any other time
11 during the school year and at any point in the curriculum
12 when such instruction may be deemed appropriate. The State
13 Board of Education shall prepare and make available to school
14 boards instructional materials relative to commemorated
15 persons, activities, or events which may be used by school
16 boards in conjunction with any instruction provided pursuant
17 to this paragraph.
18 City of Chicago School District 299 shall observe March 4
19 of each year as a commemorative holiday. This holiday shall
20 be known as Mayors' Day which shall be a day to commemorate
21 and be reminded of the past Chief Executive Officers of the
22 City of Chicago, and in particular the late Mayor Richard J.
23 Daley and the late Mayor Harold Washington. If March 4 falls
24 on a Saturday or Sunday, Mayors' Day shall be observed on the
25 following Monday.
26 (Source: P.A. 89-610, eff. 8-6-96; 89-622, eff. 8-9-96;
27 revised 9-9-96.)
28 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
29 Sec. 34-2.3. Local school councils - Powers and duties.
30 Each local school council shall have and exercise, consistent
31 with the provisions of this Article and the powers and duties
32 of the board of education, the following powers and duties:
33 1. To evaluate the performance of the principal of the
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1 attendance center taking into consideration the annual
2 evaluation of the principal conducted by the general
3 superintendent pursuant to subsection (h) of Section 34-8.3,
4 to determine in the manner provided by subsection (c) of
5 Section 34-2.2 whether the performance contract of the
6 principal shall be renewed, and to directly select in the
7 manner provided by subsection (c) of Section 34-2.2 a new
8 principal (including a new principal to fill a vacancy) --
9 without submitting any list of candidates for that position
10 to the general superintendent as provided in paragraph 2 of
11 this Section -- to serve under a 4 year performance contract;
12 provided that (i) the determination of whether the
13 principal's performance contract is to be renewed and -- in
14 cases where such performance contract is not renewed -- a
15 direct selection of a new principal -- to serve under a 4
16 year performance contract shall be made by the local school
17 council by April 15 of the calendar year in which the current
18 performance contract of the principal expires, and (ii) a
19 direct selection by the local school council of a new
20 principal to fill a vacancy under a 4 year performance
21 contract shall be made within 90 days after the date such
22 vacancy occurs. A Council shall be required, if requested by
23 the principal, to provide in writing the reasons for the
24 council's not renewing the principal's contract.
25 2. In the event (i) the local school council does not
26 renew the performance contract of the principal, or the
27 principal fails to receive a satisfactory rating as provided
28 in subsection (h) of Section 34-8.3, or the principal is
29 removed for cause during the term of his or her performance
30 contract in the manner provided by Section 34-85, or a
31 vacancy in the position of principal otherwise occurs prior
32 to the expiration of the term of a principal's performance
33 contract, and (ii) the local school council fails to directly
34 select a new principal (including a new principal to fill a
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1 vacancy) to serve under a 4 year performance contract, the
2 local school council in such event shall submit to the
3 general superintendent a list of 3 candidates -- listed in
4 the local school council's order of preference -- for the
5 position of principal, one of which shall be selected by the
6 general superintendent to serve as principal of the
7 attendance center. If the general superintendent fails or
8 refuses to select one of the candidates on the list to serve
9 as principal within 30 days after being furnished with the
10 candidate list, the local school council within 15 days after
11 such failure or refusal shall itself select one of the
12 candidates from the list as principal of the attendance
13 center. There shall be no discrimination on the basis of
14 race, sex, creed, color or disability unrelated to ability to
15 perform in connection with the submission of candidates for,
16 and the selection of a candidate to serve as principal of an
17 attendance center. No person shall be directly selected,
18 listed as a candidate for, or selected to serve as principal
19 of an attendance center (i) if such person has been removed
20 for cause from employment by the Board or (ii) if such person
21 does not hold a valid administrative certificate issued or
22 exchanged under Article 21 and endorsed as required by that
23 Article for the position of principal. A principal whose
24 performance contract is not renewed as provided under
25 subsection (c) of Section 34-2.2 may nevertheless, if
26 otherwise qualified and certified as herein provided and if
27 he or she has received a satisfactory rating as provided in
28 subsection (h) of Section 34-8.3, be included by a local
29 school council as one of the 3 candidates listed in order of
30 preference on any candidate list from which one person is to
31 be selected to serve as principal of the attendance center
32 under a new performance contract. The initial candidate list
33 required to be submitted by a local school council to the
34 general superintendent in cases where the local school
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1 council does not renew the performance contract of its
2 principal and does not directly select a new principal to
3 serve under a 4 year performance contract shall be submitted
4 not later than May 1 of the calendar year in which such
5 performance contract expires. In cases where a principal is
6 removed for cause or a vacancy otherwise occurs in the
7 position of principal and the vacancy is not filled by direct
8 selection by the local school council, the candidate list
9 shall be submitted by the local school council to the general
10 superintendent not later than 90 days after the date such
11 removal or vacancy occurs.
12 2.5. Whenever a vacancy in the office of a principal
13 occurs for any reason, the vacancy shall be filled in the
14 manner provided by this Section by the selection of a new
15 principal to serve under a 4 year performance contract.
16 3. To establish additional criteria to be included as
17 part of the performance contract of its principal, provided
18 that such additional criteria shall not discriminate on the
19 basis of race, sex, creed, color or disability unrelated to
20 ability to perform, and shall not be inconsistent with the
21 uniform 4 year performance contract for principals developed
22 by the board as provided in Section 34-8.1 of the School Code
23 or with other provisions of this Article governing the
24 authority and responsibility of principals.
25 4. To approve the expenditure plan prepared by the
26 principal with respect to all funds allocated and distributed
27 to the attendance center by the Board. The expenditure plan
28 shall be administered by the principal. Notwithstanding any
29 other provision of this Act or any other law, any expenditure
30 plan approved and administered under this Section 34-2.3
31 shall be consistent with and subject to the terms of any
32 contract for services with a third party entered into by the
33 Chicago School Reform Board of Trustees or the board under
34 this Act.
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1 Via a supermajority vote of 7 members of the local school
2 council or 8 members of a high school local school council,
3 the Council may transfer allocations pursuant to Section
4 34-2.3 within funds; provided that such a transfer is
5 consistent with applicable law and collective bargaining
6 agreements.
7 Beginning in fiscal year 1991 and in each fiscal year
8 thereafter, the Board may reserve up to 1% of its total
9 fiscal year budget for distribution on a prioritized basis to
10 schools throughout the school system in order to assure
11 adequate programs to meet the needs of special student
12 populations as determined by the Board. This distribution
13 shall take into account the needs catalogued in the
14 Systemwide Plan and the various local school improvement
15 plans of the local school councils. Information about these
16 centrally funded programs shall be distributed to the local
17 school councils so that their subsequent planning and
18 programming will account for these provisions.
19 Beginning in fiscal year 1991 and in each fiscal year
20 thereafter, from other amounts available in the applicable
21 fiscal year budget, the board shall allocate a lump sum
22 amount to each local school based upon such formula as the
23 board shall determine taking into account the special needs
24 of the student body. The local school principal shall
25 develop an expenditure plan in consultation with the local
26 school council, the professional personnel advisory committee
27 and with all other school personnel, which reflects the
28 priorities and activities as described in the school's local
29 school improvement plan and is consistent with applicable law
30 and collective bargaining agreements and with board policies
31 and standards; however, the local school council shall have
32 the right to request waivers of board policy from the board
33 of education and waivers of employee collective bargaining
34 agreements pursuant to Section 34-8.1a.
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1 The expenditure plan developed by the principal with
2 respect to amounts available from the fund for prioritized
3 special needs programs and the allocated lump sum amount must
4 be approved by the local school council.
5 The lump sum allocation shall take into account the
6 following principles:
7 a. Teachers: Each school shall be allocated funds
8 equal to the amount appropriated in the previous school
9 year for compensation for teachers (regular grades
10 kindergarten through 12th grade) plus whatever increases
11 in compensation have been negotiated contractually or
12 through longevity as provided in the negotiated
13 agreement. Adjustments shall be made due to layoff or
14 reduction in force, lack of funds or work, change in
15 subject requirements, enrollment changes, or contracts
16 with third parties for the performance of services or to
17 rectify any inconsistencies with system-wide allocation
18 formulas or for other legitimate reasons.
19 b. Other personnel: Funds for other teacher
20 certificated and uncertificated personnel paid through
21 non-categorical funds shall be provided according to
22 system-wide formulas based on student enrollment and the
23 special needs of the school as determined by the Board.
24 c. Non-compensation items: Appropriations for all
25 non-compensation items shall be based on system-wide
26 formulas based on student enrollment and on the special
27 needs of the school or factors related to the physical
28 plant, including but not limited to textbooks, supplies,
29 electricity, equipment, and routine maintenance.
30 d. Funds for categorical programs: Schools shall
31 receive personnel and funds based on, and shall use such
32 personnel and funds in accordance with State and Federal
33 requirements applicable to each categorical program
34 provided to meet the special needs of the student body
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1 (including but not limited to, Federal Chapter I,
2 Bilingual, and Special Education).
3 d.1. Funds for State Title I: Each school shall
4 receive funds based on State and Board requirements
5 applicable to each State Title I pupil provided to meet
6 the special needs of the student body. Each school shall
7 receive the proportion of funds as provided in Section
8 18-8 to which they are entitled. These funds shall be
9 spent only with the budgetary approval of the Local
10 School Council as provided in Section 34-2.3.
11 e. The Local School Council shall have the right to
12 request the principal to close positions and open new
13 ones consistent with the provisions of the local school
14 improvement plan provided that these decisions are
15 consistent with applicable law and collective bargaining
16 agreements. If a position is closed, pursuant to this
17 paragraph, the local school shall have for its use the
18 system-wide average compensation for the closed position.
19 f. Operating within existing laws and collective
20 bargaining agreements, the local school council shall
21 have the right to direct the principal to shift
22 expenditures within funds.
23 g. (Blank).
24 Any funds unexpended at the end of the fiscal year shall
25 be available to the board of education for use as part of its
26 budget for the following fiscal year.
27 5. To make recommendations to the principal concerning
28 textbook selection and concerning curriculum developed
29 pursuant to the school improvement plan which is consistent
30 with systemwide curriculum objectives in accordance with
31 Sections 34-8 and 34-18 of the School Code and in conformity
32 with the collective bargaining agreement.
33 6. To advise the principal concerning the attendance and
34 disciplinary policies for the attendance center, subject to
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1 the provisions of this Article and Article 26, and consistent
2 with the uniform system of discipline established by the
3 board pursuant to Section 34-19.
4 7. To approve a school improvement plan developed as
5 provided in Section 34-2.4. The process and schedule for plan
6 development shall be publicized to the entire school
7 community, and the community shall be afforded the
8 opportunity to make recommendations concerning the plan. At
9 least twice a year the principal and local school council
10 shall report publicly on progress and problems with respect
11 to plan implementation.
12 8. To evaluate the allocation of teaching resources and
13 other certificated and uncertificated staff to the attendance
14 center to determine whether such allocation is consistent
15 with and in furtherance of instructional objectives and
16 school programs reflective of the school improvement plan
17 adopted for the attendance center; and to make
18 recommendations to the board, the general superintendent and
19 the principal concerning any reallocation of teaching
20 resources or other staff whenever the council determines that
21 any such reallocation is appropriate because the
22 qualifications of any existing staff at the attendance center
23 do not adequately match or support instructional objectives
24 or school programs which reflect the school improvement plan.
25 9. To make recommendations to the principal and the
26 general superintendent concerning their respective
27 appointments, after August 31, 1989, and in the manner
28 provided by Section 34-8 and Section 34-8.1, of persons to
29 fill any vacant, additional or newly created positions for
30 teachers at the attendance center or at attendance centers
31 which include the attendance center served by the local
32 school council.
33 10. To request of the Board the manner in which training
34 and assistance shall be provided to the local school council.
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1 Pursuant to Board guidelines a local school council is
2 authorized to direct the Board of Education to contract with
3 personnel or not-for-profit organizations not associated with
4 the school district to train or assist council members. If
5 training or assistance is provided by contract with personnel
6 or organizations not associated with the school district, the
7 period of training or assistance shall not exceed 30 hours
8 during a given school year; person shall not be employed on a
9 continuous basis longer than said period and shall not have
10 been employed by the Chicago Board of Education within the
11 preceding six months. Council members shall receive training
12 in at least the following areas:
13 1. school budgets;
14 2. educational theory pertinent to the attendance
15 center's particular needs, including the development of
16 the school improvement plan and the principal's
17 performance contract; and
18 3. personnel selection.
19 Council members shall, to the greatest extent possible,
20 complete such training within 90 days of election.
21 11. In accordance with systemwide guidelines contained
22 in the System-Wide Educational Reform Goals and Objectives
23 Plan, criteria for evaluation of performance shall be
24 established for local school councils and local school
25 council members. If a local school council persists in
26 noncompliance with systemwide requirements, the Board may
27 impose sanctions and take necessary corrective action,
28 consistent with Section 34-8.3.
29 12. Each local school council shall comply with the Open
30 Meetings Act and the Freedom of Information Act. Each local
31 school council shall issue and transmit to its school
32 community a detailed annual report accounting for its
33 activities programmatically and financially. Each local
34 school council shall convene at least 2 well-publicized
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1 meetings annually with its entire school community. These
2 meetings shall include presentation of the proposed local
3 school improvement plan, of the proposed school expenditure
4 plan, and the annual report, and shall provide an opportunity
5 for public comment.
6 13. Each local school council is encouraged to involve
7 additional non-voting members of the school community in
8 facilitating the council's exercise of its responsibilities.
9 14. The local school council may adopt a school uniform
10 or dress code policy that governs the attendance center and
11 that is necessary to maintain the orderly process of a school
12 function or prevent endangerment of student health or safety,
13 consistent with the policies and rules of the Board of
14 Education. A school uniform or dress code policy adopted by a
15 local school council: (i) shall not be applied in such manner
16 as to discipline or deny attendance to a transfer student or
17 any other student for noncompliance with that policy during
18 such period of time as is reasonably necessary to enable the
19 student to acquire a school uniform or otherwise comply with
20 the dress code policy that is in effect at the attendance
21 center into which the student's enrollment is transferred;
22 and (ii) shall include criteria and procedures under which
23 the local school council will accommodate the needs of or
24 otherwise provide appropriate resources to assist a student
25 from an indigent family in complying with an applicable
26 school uniform or dress code policy. A student whose parents
27 or legal guardians object on religious grounds to the
28 student's compliance with an applicable school uniform or
29 dress code policy shall not be required to comply with that
30 policy if the student's parents or legal guardians present to
31 the local school council a signed statement of objection
32 detailing the grounds for the objection.
33 15. All decisions made and actions taken by the local
34 school council in the exercise of its powers and duties shall
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1 comply with State and federal laws, all applicable collective
2 bargaining agreements, court orders and rules properly
3 promulgated by the Board.
4 15a. To grant, in accordance with board rules and
5 policies, the use of assembly halls and classrooms when not
6 otherwise needed, including lighting, heat, and attendants,
7 for public lectures, concerts, and other educational and
8 social activities.
9 15b. To approve, in accordance with board rules and
10 policies, receipts and expenditures for all internal accounts
11 of the attendance center, and to approve all fund-raising
12 activities by nonschool organizations that use the school
13 building.
14 16. (Blank).
15 17. Names and addresses of local school council members
16 shall be a matter of public record.
17 (Source: P.A. 88-85; 88-511; 88-686, eff. 1-24-95; 89-15,
18 eff. 5-30-95; 89-610, eff. 8-6-96; 89-636, eff. 8-9-96;
19 revised 9-9-96.)
20 Section 2-140. The Illinois Banking Act is amended by
21 changing Sections 2, 13, 47, and 48 as follows:
22 (205 ILCS 5/2) (from Ch. 17, par. 302)
23 Sec. 2. General definitions. In this Act, unless the
24 context otherwise requires, the following words and phrases
25 shall have the following meanings:
26 "Accommodation party" shall have the meaning ascribed to
27 that term in Section 3-415 of the Uniform Commercial Code.
28 "Action" in the sense of a judicial proceeding includes
29 recoupments, counterclaims, set-off, and any other proceeding
30 in which rights are determined.
31 "Affiliate facility" of a bank means a main banking
32 premises or branch of another commonly owned bank. The main
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1 banking premises or any branch of a bank may be an "affiliate
2 facility" with respect to one or more other commonly owned
3 banks.
4 "Appropriate federal banking agency" means the Federal
5 Deposit Insurance Corporation, the Federal Reserve Bank of
6 Chicago, or the Federal Reserve Bank of St. Louis, as
7 determined by federal law.
8 "Bank" means any person doing a banking business whether
9 subject to the laws of this or any other jurisdiction.
10 A "banking house", "branch", "branch bank" or "branch
11 office" shall mean any place of business of a bank at which
12 deposits are received, checks paid, or loans made, but shall
13 not include any place at which only records thereof are made,
14 posted, or kept. A place of business at which deposits are
15 received, checks paid, or loans made shall not be deemed to
16 be a branch, branch bank, or branch office if the place of
17 business is adjacent to and connected with the main banking
18 premises, or if it is separated from the main banking
19 premises by not more than an alley; provided always that (i)
20 if the place of business is separated by an alley from the
21 main banking premises there is a connection between the two
22 by public or private way or by subterranean or overhead
23 passage, and (ii) if the place of business is in a building
24 not wholly occupied by the bank, the place of business shall
25 not be within any office or room in which any other business
26 or service of any kind or nature other than the business of
27 the bank is conducted or carried on. A place of business at
28 which deposits are received, checks paid, or loans made shall
29 not be deemed to be a branch, branch bank, or branch office
30 (i) of any bank if the place is an automatic teller machine
31 established and maintained in accordance with paragraph (16)
32 of Section 5 of this Act, or (ii) of any bank if the place is
33 a point of sale terminal established and maintained in
34 accordance with paragraph (17) of Section 5 of this Act, or
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1 (iii) of a commonly owned bank by virtue of transactions
2 conducted at that place on behalf of the other commonly owned
3 bank under paragraph (23) of Section 5 of this Act if the
4 place is an affiliate facility with respect to the other
5 bank.
6 "Branch of an out-of-state bank" means a branch
7 established or maintained in Illinois by an out-of-state bank
8 as a result of a merger between an Illinois bank and the
9 out-of-state bank that occurs on or after May 31, 1997, or
10 any branch established by the out-of-state bank following the
11 merger.
12 "Call report fee" means the fee to be paid to the
13 Commissioner by each State bank pursuant to paragraph (a) of
14 subsection (3) of Section 48 of this Act.
15 "Capital" includes the aggregate of outstanding capital
16 stock and preferred stock.
17 "Cash flow reserve account" means the account within the
18 books and records of the Commissioner of Banks and Real
19 Estate used to record funds designated to maintain a
20 reasonable Bank and Trust Company Fund operating balance to
21 meet agency obligations on a timely basis.
22 "Charter" includes the original charter and all
23 amendments thereto and articles of merger or consolidation.
24 "Commissioner" means the Commissioner of Banks and Real
25 Estate or a person authorized by the Commissioner, the Office
26 of Banks and Real Estate Act, or this Act to act in the
27 Commissioner's stead.
28 "Commonly owned banks" means 2 or more banks that each
29 qualify as a bank subsidiary of the same bank holding company
30 pursuant to Section 18 of the Federal Deposit Insurance Act;
31 "commonly owned bank" refers to one of a group of commonly
32 owned banks but only with respect to one or more of the other
33 banks in the same group.
34 "Community" means a city, village, or incorporated town
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1 in this State.
2 "Company" means a corporation, partnership, business
3 trust, association, or similar organization and, unless
4 specifically excluded, includes a "State bank" and a "bank".
5 "Consolidating bank" means a party to a consolidation.
6 "Consolidation" takes place when 2 or more banks, or a
7 trust company and a bank, are extinguished and by the same
8 process a new bank is created, taking over the assets and
9 assuming the liabilities of the banks or trust company
10 passing out of existence.
11 "Continuing bank" means a merging bank, the charter of
12 which becomes the charter of the resulting bank.
13 "Converting bank" means a State bank converting to become
14 a national bank, or a national bank converting to become a
15 State bank.
16 "Converting trust company" means a trust company
17 converting to become a State bank.
18 "Court" means a court of competent jurisdiction.
19 "Eligible depository institution" means an insured
20 savings association that is in default, an insured savings
21 association that is in danger of default, a State or national
22 bank that is in default or a State or national bank that is
23 in danger of default, as those terms are defined in this
24 Section, or a new bank as that term defined in Section 11(m)
25 of the Federal Deposit Insurance Act or a bridge bank as that
26 term is defined in Section 11(n) of the Federal Deposit
27 Insurance Act or a new federal savings association authorized
28 under Section 11(d)(2)(f) of the Federal Deposit Insurance
29 Act.
30 "Fiduciary" means trustee, agent, executor,
31 administrator, committee, guardian for a minor or for a
32 person under legal disability, receiver, trustee in
33 bankruptcy, assignee for creditors, or any holder of similar
34 position of trust.
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1 "Financial institution" means a bank, savings and loan
2 association, credit union, or any licensee under the Consumer
3 Installment Loan Act or the Sales Finance Agency Act and, for
4 purposes of Section 48.3, any proprietary network, funds
5 transfer corporation, or other entity providing electronic
6 funds transfer services, or any corporate fiduciary, its
7 subsidiaries, affiliates, parent company, or contractual
8 service provider that is examined by the Commissioner.
9 "Foundation" means the Illinois Bank Examiners' Education
10 Foundation.
11 "General obligation" means a bond, note, debenture,
12 security, or other instrument evidencing an obligation of the
13 issuer that is supported by the full available resources of
14 the issuer, the principal and interest of which is payable in
15 whole or in part by taxation.
16 "Guarantee" means an undertaking or promise to answer for
17 payment of another's debt or performance of another's duty,
18 liability, or obligation whether "payment guaranteed" or
19 "collection guaranteed".
20 "In danger of default" means a State or national bank, a
21 federally chartered insured savings association or an
22 Illinois state chartered insured savings association with
23 respect to which the Commissioner or the appropriate federal
24 banking agency has advised the Federal Deposit Insurance
25 Corporation that:
26 (1) in the opinion of the Commissioner or the
27 appropriate federal banking agency,
28 (A) the State or national bank or insured
29 savings association is not likely to be able to meet
30 the demands of the State or national bank's or
31 savings association's obligations in the normal
32 course of business; and
33 (B) there is no reasonable prospect that the
34 State or national bank or insured savings
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1 association will be able to meet those demands or
2 pay those obligations without federal assistance; or
3 (2) in the opinion of the Commissioner or the
4 appropriate federal banking agency,
5 (A) the State or national bank or insured
6 savings association has incurred or is likely to
7 incur losses that will deplete all or substantially
8 all of its capital; and
9 (B) there is no reasonable prospect that the
10 capital of the State or national bank or insured
11 savings association will be replenished without
12 federal assistance.
13 "In default" means, with respect to a State or national
14 bank or an insured savings association, any adjudication or
15 other official determination by any court of competent
16 jurisdiction, the Commissioner, the appropriate federal
17 banking agency, or other public authority pursuant to which a
18 conservator, receiver, or other legal custodian is appointed
19 for a State or national bank or an insured savings
20 association.
21 "Insured savings association" means any federal savings
22 association chartered under Section 5 of the federal Home
23 Owners' Loan Act and any State savings association chartered
24 under the Illinois Savings and Loan Act of 1985 or a
25 predecessor Illinois statute, the deposits of which are
26 insured by the Federal Deposit Insurance Corporation. The
27 term also includes a savings bank organized or operating
28 under the Savings Bank Act.
29 "Insured savings association in recovery" means an
30 insured savings association that is not an eligible
31 depository institution and that does not meet the minimum
32 capital requirements applicable with respect to the insured
33 savings association.
34 "Issuer" means for purposes of Section 33 every person
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1 who shall have issued or proposed to issue any security;
2 except that (1) with respect to certificates of deposit,
3 voting trust certificates, collateral-trust certificates, and
4 certificates of interest or shares in an unincorporated
5 investment trust not having a board of directors (or persons
6 performing similar functions), "issuer" means the person or
7 persons performing the acts and assuming the duties of
8 depositor or manager pursuant to the provisions of the trust,
9 agreement, or instrument under which the securities are
10 issued; (2) with respect to trusts other than those specified
11 in clause (1) above, where the trustee is a corporation
12 authorized to accept and execute trusts, "issuer" means the
13 entrusters, depositors, or creators of the trust and any
14 manager or committee charged with the general direction of
15 the affairs of the trust pursuant to the provisions of the
16 agreement or instrument creating the trust; and (3) with
17 respect to equipment trust certificates or like securities,
18 "issuer" means the person to whom the equipment or property
19 is or is to be leased or conditionally sold.
20 "Letter of credit" and "customer" shall have the meanings
21 ascribed to those terms in Section 5-102 of the Uniform
22 Commercial Code.
23 "Main banking premises" means the location that is
24 designated in a bank's charter as its main office.
25 "Maker or obligor" means for purposes of Section 33 the
26 issuer of a security, the promisor in a debenture or other
27 debt security, or the mortgagor or grantor of a trust deed or
28 similar conveyance of a security interest in real or personal
29 property.
30 "Merged bank" means a merging bank that is not the
31 continuing, resulting, or surviving bank in a consolidation
32 or merger.
33 "Merger" includes consolidation.
34 "Merging bank" means a party to a bank merger.
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1 "Merging trust company" means a trust company party to a
2 merger with a State bank.
3 "Mid-tier bank holding company" means a corporation that
4 (a) owns 100% of the issued and outstanding shares of each
5 class of stock of a State bank, (b) has no other
6 subsidiaries, and (c) 100% of the issued and outstanding
7 shares of the corporation are owned by a parent bank holding
8 company.
9 "Municipality" means any municipality, political
10 subdivision, school district, taxing district, or agency.
11 "National bank" means a national banking association
12 located in this State and after May 31, 1997, means a
13 national banking association without regard to its location.
14 "Out-of-state bank" means a bank chartered under the laws
15 of a state other than Illinois, a territory of the United
16 States, or the District of Columbia.
17 "Parent bank holding company" means a corporation that is
18 a bank holding company as that term is defined in the
19 Illinois Bank Holding Company Act of 1957 and owns 100% of
20 the issued and outstanding shares of a mid-tier bank holding
21 company.
22 "Person" means an individual, corporation, partnership,
23 joint venture, trust, estate, or unincorporated association.
24 "Public agency" means the State of Illinois, the various
25 counties, townships, cities, towns, villages, school
26 districts, educational service regions, special road
27 districts, public water supply districts, fire protection
28 districts, drainage districts, levee districts, sewer
29 districts, housing authorities, the Illinois Bank Examiners'
30 Education Foundation, the Chicago Park District, and all
31 other political corporations or subdivisions of the State of
32 Illinois, whether now or hereafter created, whether herein
33 specifically mentioned or not, and shall also include any
34 other state or any political corporation or subdivision of
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1 another state.
2 "Public funds" or "public money" means current operating
3 funds, special funds, interest and sinking funds, and funds
4 of any kind or character belonging to, in the custody of, or
5 subject to the control or regulation of the United States or
6 a public agency. "Public funds" or "public money" shall
7 include funds held by any of the officers, agents, or
8 employees of the United States or of a public agency in the
9 course of their official duties and, with respect to public
10 money of the United States, shall include Postal Savings
11 funds.
12 "Published" means, unless the context requires otherwise,
13 the publishing of the notice or instrument referred to in
14 some newspaper of general circulation in the community in
15 which the bank is located at least once each week for 3
16 successive weeks. Publishing shall be accomplished by, and
17 at the expense of, the bank required to publish. Where
18 publishing is required, the bank shall submit to the
19 Commissioner that evidence of the publication as the
20 Commissioner shall deem appropriate.
21 "Recorded" means the filing or recording of the notice or
22 instrument referred to in the office of the Recorder of the
23 county wherein the bank is located.
24 "Resulting bank" means the bank resulting from a merger
25 or conversion.
26 "Securities" means stocks, bonds, debentures, notes, or
27 other similar obligations.
28 "Stand-by letter of credit" means a letter of credit
29 under which drafts are payable upon the condition the
30 customer has defaulted in performance of a duty, liability,
31 or obligation.
32 "State bank" means any banking corporation that has a
33 banking charter issued by the Commissioner under this Act.
34 "State Banking Board" means the State Banking Board of
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1 Illinois.
2 "Subsidiary" with respect to a specified company means a
3 company that is controlled by the specified company. For
4 purposes of paragraphs (8) and (12) of Section 5 of this Act,
5 "control" means the exercise of operational or managerial
6 control of a corporation by the bank, either alone or
7 together with other affiliates of the bank.
8 "Surplus" means the aggregate of (i) amounts paid in
9 excess of the par value of capital stock and preferred stock;
10 (ii) amounts contributed other than for capital stock and
11 preferred stock and allocated to the surplus account; and
12 (iii) amounts transferred from undivided profits.
13 "Tier 1 Capital" and "Tier 2 Capital" have the meanings
14 assigned to those terms in regulations promulgated for the
15 appropriate federal banking agency of a state bank, as those
16 regulations are now or hereafter amended.
17 "Trust company" means a corporation incorporated in this
18 State for the purpose of accepting and executing trusts.
19 "Undivided profits" means undistributed earnings less
20 discretionary transfers to surplus.
21 "Unimpaired capital and unimpaired surplus", for the
22 purposes of paragraph (21) of Section 5 and Sections 32, 33,
23 34, 35.1, 35.2, and 47 of this Act means the sum of the state
24 bank's Tier 1 Capital and Tier 2 Capital plus such other
25 shareholder equity as may be included by regulation of the
26 Commissioner. Unimpaired capital and unimpaired surplus
27 shall be calculated on the basis of the date of the last
28 quarterly call report filed with the Commissioner preceding
29 the date of the transaction for which the calculation is
30 made, provided that: (i) when a material event occurs after
31 the date of the last quarterly call report filed with the
32 Commissioner that reduces or increases the bank's unimpaired
33 capital and unimpaired surplus by 10% or more, then the
34 unimpaired capital and unimpaired surplus shall be calculated
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1 from the date of the material event for a transaction
2 conducted after the date of the material event; and (ii) if
3 the Commissioner determines for safety and soundness reasons
4 that a state bank should calculate unimpaired capital and
5 unimpaired surplus more frequently than provided by this
6 paragraph, the Commissioner may by written notice direct the
7 bank to calculate unimpaired capital and unimpaired surplus
8 at a more frequent interval. In the case of a state bank
9 newly chartered under Section 13 or a state bank resulting
10 from a merger, consolidation, or conversion under Sections 21
11 through 26 for which no preceding quarterly call report has
12 been filed with the Commissioner, unimpaired capital and
13 unimpaired surplus shall be calculated for the first calendar
14 quarter on the basis of the effective date of the charter,
15 merger, consolidation, or conversion.
16 (Source: P.A. 88-45; 88-271; 88-546; 89-208, eff. 9-29-95;
17 89-364, eff. 8-18-95; revised 9-18-95; 89-508, eff. 7-3-96;
18 89-534, eff. 1-1-97; 89-567, eff. 7-26-96; 89-626, eff.
19 8-9-96; revised 8-27-96.)
20 (205 ILCS 5/13) (from Ch. 17, par. 320)
21 Sec. 13. Issuance of charter.
22 (a) When the directors have organized as provided in
23 Section 12 of this Act, and the capital stock and the
24 preferred stock, if any, together with a surplus of not less
25 than 50% of the capital, and a reserve for operating expenses
26 of at least 25% of the capital, has been all fully paid in
27 and a record of the same filed with the Commissioner, the
28 Commissioner or some competent person of the Commissioner's
29 appointment shall make a thorough examination into the
30 affairs of the proposed bank, and if satisfied that all the
31 requirements of this Act have been complied with, and that no
32 intervening circumstance has occurred to change the
33 Commissioner's findings made pursuant to Section 10 of this
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1 Act, upon payment into the Commissioner's office of the
2 reasonable expenses of the examination, as determined by the
3 Commissioner, the Commissioner shall issue a charter
4 authorizing the bank to commence business as authorized in
5 this Act. All charters issued by the Commissioner or any
6 predecessor agency which chartered State banks, including any
7 charter outstanding as of September 1, 1989, shall be
8 perpetual. For the 2 years after the Commissioner has issued
9 a charter to a bank, the bank shall request and obtain from
10 the Commissioner prior written approval before it may change
11 senior management personnel or directors.
12 The charter, duly certified by the Commissioner, shall be
13 recorded, and the original or a certified copy shall be
14 evidence in all courts and places of the existence and
15 authority of the bank to do business. Upon the recording of
16 the charter the bank shall be deemed fully organized and may
17 proceed to do business. The Commissioner may, in the
18 Commissioner's discretion, withhold the issuing of the
19 charter when the Commissioner has reason to believe that the
20 bank is organized for any purpose other than that
21 contemplated by this Act or that a commission or fee has been
22 paid in connection with the sale of the stock of the bank.
23 The Commissioner shall revoke the charter and order
24 liquidation in the event that the bank does not commence a
25 general banking business within one year from the date of the
26 issuance of the charter, unless a request has been submitted,
27 in writing, to the Commissioner for an extension and the
28 request has been approved. After commencing a general
29 banking business, a bank, upon written notice to the
30 Commissioner, may change its name.
31 (b) (1) The Commissioner may also issue a charter to a
32 bank that is owned exclusively by other depository
33 institutions or depository institution holding companies and
34 is organized to engage exclusively in providing services to
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1 or for other depository institutions, their holding
2 companies, and the officers, directors, and employees of such
3 institutions and companies, and in providing correspondent
4 banking services at the request of other depository
5 institutions or their holding companies (also referred to as
6 a "bankers' bank").
7 (2) A bank chartered pursuant to paragraph (1) shall,
8 except as otherwise specifically determined by the
9 Commissioner, be vested with the same rights and privileges
10 and subject to the same duties, restrictions, penalties, and
11 liabilities now or hereafter imposed under this Act.
12 (c) A bank chartered under this Act after November 1,
13 1985, and an out-of-state bank that merges with a State bank
14 and establishes or maintains a branch in this State after May
15 31, 1997, shall obtain from and, at all times while it
16 accepts or retains deposits, maintain with the Federal
17 Deposit Insurance Corporation, or such other instrumentality
18 of or corporation chartered by the United States, deposit
19 insurance as authorized under federal law.
20 (d) (i) A bank that has a banking charter issued by the
21 Commissioner under this Act may, pursuant to a written
22 purchase and assumption agreement, transfer substantially all
23 of its assets to another State bank or national bank in
24 consideration, in whole or in part, for the transferee banks'
25 assumption of any part or all of its liabilities. Such a
26 transfer shall in no way be deemed to impair the charter of
27 the transferor bank or cause the transferor bank to forfeit
28 any of its rights, powers, interests, franchises, or
29 privileges as a State bank, nor shall any voluntary reduction
30 in the transferor bank's activities resulting from the
31 transfer have any such effect; provided, however, that a
32 State bank that transfers substantially all of its assets
33 pursuant to this subsection (d) and following the transfer
34 does not accept deposits and make loans, shall not have any
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1 rights, powers, interests, franchises, or privileges under
2 subsection (15) of Section 5 of this Act until the bank has
3 resumed accepting deposits and making loans.
4 (ii) The fact that a State bank does not resume
5 accepting deposits and making loans for a period of 24 months
6 commencing on September 11, 1989 or on a date of the transfer
7 of substantially all of a State bank's assets, whichever is
8 later, or such longer period as the Commissioner may allow in
9 writing, may be the basis for a finding by the Commissioner
10 under Section 51 of this Act that the bank is unable to
11 continue operations.
12 (iii) The authority provided by subdivision (i) of this
13 subsection (d)(i) shall terminate on May 31, 1997, and no
14 bank that has transferred substantially all of its assets
15 pursuant to this subsection (d) shall continue in existence
16 after May 31, 1997.
17 (Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
18 89-603, eff. 8-2-96; revised 9-9-96.)
19 (205 ILCS 5/47) (from Ch. 17, par. 358)
20 Sec. 47. Reports to Commissioner.
21 (a) All State banks shall make a full and accurate
22 statement of their affairs at least 1 time during each
23 calendar quarter which shall be certified to, under oath by
24 the president, a vice-president or the cashier of such bank.
25 If the statement is submitted in electronic form, the
26 Commissioner may, in the call for the report, specify the
27 manner in which the appropriate officer of the bank shall
28 certify the statement of affairs. The statement shall be
29 according to the form which may be prescribed by the
30 Commissioner and shall exhibit in detail information
31 concerning such bank at the close of business of any day the
32 Commissioner may choose and designate in a call for such
33 report. Each bank shall deliver its quarterly statement to
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1 the location specified by the Commissioner within 30 calendar
2 days of the date of the call for such reports. If the
3 quarterly statement is mailed, it must be postmarked within
4 the period prescribed for delivery, and if the quarterly
5 statement is delivered in electronic form, the bank shall
6 generate and retain satisfactory proof that it has caused the
7 report to be delivered within the period prescribed for
8 delivery. Within 60 calendar days after the Commissioner's
9 call for the fourth calendar quarter statement of affairs, a
10 State bank shall publish an annual disclosure statement
11 setting forth the information required by rule of the
12 Commissioner. The disclosure statement shall contain the
13 required information as of the close of the business day
14 designated by the Commissioner for the fourth quarter
15 statement of affairs. Any bank failing to make and deliver
16 such statement or to comply with any provisions of this
17 Section may be subject to a penalty payable to the
18 Commissioner of $100 for each day of noncompliance.
19 (b) In addition to the foregoing reports, any bank which
20 is the victim of a shortage of funds in excess of $10,000, an
21 apparent misapplication of the bank's funds by an officer,
22 employee or director, or any adverse legal action in an
23 amount in excess of 10% of total unimpaired capital and
24 unimpaired surplus of the bank, including but not limited to,
25 the entry of an adverse money judgment against the bank or a
26 write-off of assets of the bank, shall report that
27 information in writing to the Commissioner within 7 days of
28 the occurrence. Neither the bank, its directors, officers,
29 employees or its agents, in the preparation or filing of the
30 reports required by subsection (b) of this Section, shall be
31 subject to any liability for libel, slander, or other charges
32 resulting from information supplied in such reports, except
33 when the supplying of such information is done in a corrupt
34 or malicious manner or otherwise not in good faith.
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1 (Source: P.A. 89-505, eff. 6-28-96; 89-567, eff. 7-26-96;
2 revised 8-28-96.)
3 (205 ILCS 5/48) (from Ch. 17, par. 359)
4 Sec. 48. Commissioner's powers; duties. The Commissioner
5 shall have the powers and authority, and is charged with the
6 duties and responsibilities designated in this Act, and a
7 State bank shall not be subject to any other visitorial power
8 other than as authorized by this Act, except those vested in
9 the courts. In the performance of the Commissioner's duties:
10 (1) The Commissioner shall call for statements from all
11 State banks as provided in Section 47 at least one time
12 during each calendar quarter.
13 (2) (a) The Commissioner, as often as the Commissioner
14 shall deem necessary or proper, and at least once in each
15 year, shall appoint a suitable person or persons to make an
16 examination of the affairs of every State bank, except that
17 for every eligible State bank, as defined by regulation, the
18 Commissioner in lieu of an annual examination every other
19 year shall accept the examination made by the eligible State
20 bank's appropriate federal banking agency pursuant to Section
21 111 of the Federal Deposit Insurance Corporation Improvement
22 Act of 1991, provided the appropriate federal banking agency
23 has made such an examination. A person so appointed shall not
24 be a stockholder or officer or employee of any bank which
25 that person may be directed to examine, and shall have powers
26 to make a thorough examination into all the affairs of the
27 bank and in so doing to examine any of the officers or agents
28 or employees thereof on oath and shall make a full and
29 detailed report of the condition of the bank to the
30 Commissioner. In making the examination the examiners shall
31 include an examination of the affairs of all the affiliates
32 of the bank, as defined in subsection (b) of Section 35.2 of
33 this Act, as shall be necessary to disclose fully the
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1 conditions of the affiliates, the relations between the bank
2 and the affiliates and the effect of those relations upon the
3 affairs of the bank, and in connection therewith shall have
4 power to examine any of the officers, directors, agents, or
5 employees of the affiliates on oath. After May 31, 1997, the
6 Commissioner may enter into cooperative agreements with state
7 regulatory authorities of other states to provide for
8 examination of State bank branches in those states, and the
9 Commissioner may accept reports of examinations of State bank
10 branches from those state regulatory authorities. These
11 cooperative agreements may set forth the manner in which the
12 other state regulatory authorities may be compensated for
13 examinations prepared for and submitted to the Commissioner.
14 (b) After May 31, 1997, the Commissioner is authorized
15 to examine, as often as the Commissioner shall deem necessary
16 or proper, branches of out-of-state banks. The Commissioner
17 may establish and may assess fees to be paid to the
18 Commissioner for examinations under this subsection (b). The
19 fees shall be borne by the out-of-state bank, unless the fees
20 are borne by the state regulatory authority that chartered
21 the out-of-state bank, as determined by a cooperative
22 agreement between the Commissioner and the state regulatory
23 authority that chartered the out-of-state bank.
24 (2.5) Whenever any State bank, any subsidiary or
25 affiliate of a State bank, or after May 31, 1997, any branch
26 of an out-of-state bank causes to be performed, by contract
27 or otherwise, any bank services for itself, whether on or off
28 its premises:
29 (a) that performance shall be subject to
30 examination by the Commissioner to the same extent as if
31 services were being performed by the bank or, after May
32 31, 1997, branch of the out-of-state bank itself on its
33 own premises; and
34 (b) the bank or, after May 31, 1997, branch of the
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1 out-of-state bank shall notify the Commissioner of the
2 existence of a service relationship. The notification
3 shall be submitted with the first statement of condition
4 (as required by Section 47 of this Act) due after the
5 making of the service contract or the performance of the
6 service, whichever occurs first. The Commissioner shall
7 be notified of each subsequent contract in the same
8 manner.
9 For purposes of this subsection (2.5), the term "bank
10 services" means services such as sorting and posting of
11 checks and deposits, computation and posting of interest and
12 other credits and charges, preparation and mailing of checks,
13 statements, notices, and similar items, or any other
14 clerical, bookkeeping, accounting, statistical, or similar
15 functions performed for a State bank, including but not
16 limited to electronic data processing related to those bank
17 services.
18 (3) The expense of administering this Act, including the
19 expense of the examinations of State banks as provided in
20 this Act, shall to the extent of the amounts resulting from
21 the fees provided for in paragraphs (a), (a-2), and (b) of
22 this subsection (3) be assessed against and borne by the
23 State banks:
24 (a) Each bank shall pay to the Commissioner a Call
25 Report Fee which shall be paid in quarterly installments
26 equal to one-fourth of the sum of the annual fixed fee of
27 $800, plus a variable fee based on the assets shown on
28 the quarterly statement of condition delivered to the
29 Commissioner in accordance with Section 47 for the
30 preceding quarter according to the following schedule:
31 16¢ per $1,000 of the first $5,000,000 of total assets,
32 15¢ per $1,000 of the next $20,000,000 of total assets,
33 13¢ per $1,000 of the next $75,000,000 of total assets,
34 9¢ per $1,000 of the next $400,000,000 of total assets,
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1 7¢ per $1,000 of the next $500,000,000 of total assets,
2 and 5¢ per $1,000 of all assets in excess of
3 $1,000,000,000, of the State bank. The Call Report Fee
4 shall be calculated by the Commissioner and billed to the
5 banks for remittance at the time of the quarterly
6 statements of condition provided for in Section 47. The
7 Commissioner may require payment of the fees provided in
8 this Section by an electronic transfer of funds or an
9 automatic debit of an account of each of the State banks.
10 In case more than one examination of any bank is deemed
11 by the Commissioner to be necessary in any fiscal year
12 and is performed at his direction, the Commissioner may
13 assess a reasonable additional fee to recover the cost of
14 the additional examination, but the additional fee shall
15 not exceed the sum of the remittances from the Call
16 Report Fees applicable to the 4 consecutive quarterly
17 statements of condition immediately preceding the date of
18 the additional examination. In lieu of the method and
19 amounts set forth in this paragraph (a) for the
20 calculation of the Call Report Fee, the Commissioner may
21 specify by rule that the Call Report Fees provided by
22 this Section may be assessed semiannually or some other
23 period and may provide in the rule the formula to be used
24 for calculating and assessing the periodic Call Report
25 Fees to be paid by State banks.
26 (a-1) If in the opinion of the Commissioner an
27 emergency exists or appears likely, the Commissioner may
28 assign an examiner or examiners to monitor the affairs of
29 a State bank with whatever frequency he deems
30 appropriate, including but not limited to a daily basis.
31 The reasonable and necessary expenses of the Commissioner
32 during the period of the monitoring shall be borne by the
33 subject bank. The Commissioner shall furnish the State
34 bank a statement of time and expenses if requested to do
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1 so within 30 days of the conclusion of the monitoring
2 period.
3 (a-2) On and after January 1, 1990, the reasonable
4 and necessary expenses of the Commissioner during
5 examination of the performance of electronic data
6 processing services under subsection (2.5) shall be borne
7 by the banks for which the services are provided. An
8 amount, based upon a fee structure prescribed by the
9 Commissioner, shall be paid by the banks or, after May
10 31, 1997, branches of out-of-state banks receiving the
11 electronic data processing services along with the Call
12 Report Fee assessed under paragraph (a) of this
13 subsection (3).
14 (a-3) After May 31, 1997, the reasonable and
15 necessary expenses of the Commissioner during examination
16 of the performance of electronic data processing services
17 under subsection (2.5) at or on behalf of branches of
18 out-of-state banks shall be borne by the out-of-state
19 banks, unless those expenses are borne by the state
20 regulatory authorities that chartered the out-of-state
21 banks, as determined by cooperative agreements between
22 the Commissioner and the state regulatory authorities
23 that chartered the out-of-state banks.
24 (b) "Fiscal year" for purposes of this Section 48
25 is defined as a period beginning July 1 of any year and
26 ending June 30 of the next year. The Commissioner shall
27 receive for each fiscal year, commencing with the fiscal
28 year ending June 30, 1987, a contingent fee equal to the
29 lesser of the aggregate of the fees paid by all State
30 banks under paragraph (a) of subsection (3) for that
31 year, or the amount, if any, whereby the aggregate of the
32 administration expenses, as defined in paragraph (c), for
33 that fiscal year exceeds the sum of the aggregate of the
34 fees payable by all State banks for that year under
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1 paragraph (a) of subsection (3), plus all other amounts
2 collected by the Commissioner for that year under any
3 other provision of this Act, plus the aggregate of all
4 fees collected for that year by the Commissioner under
5 the Corporate Fiduciary Act, excluding the receivership
6 fees provided for in Section 5-10 of the Corporate
7 Fiduciary Act, and the Foreign Banking Office Act. The
8 aggregate amount of the contingent fee thus arrived at
9 for any fiscal year shall be apportioned amongst,
10 assessed upon, and paid by the State banks and foreign
11 banking corporations, respectively, in the same
12 proportion that the fee of each under paragraph (a) of
13 subsection (3), respectively, for that year bears to the
14 aggregate for that year of the fees collected under
15 paragraph (a) of subsection (3). The aggregate amount of
16 the contingent fee, and the portion thereof to be
17 assessed upon each State bank and foreign banking
18 corporation, respectively, shall be determined by the
19 Commissioner and shall be paid by each, respectively,
20 within 120 days of the close of the period for which the
21 contingent fee is computed and is payable, and the
22 Commissioner shall give 20 days advance notice of the
23 amount of the contingent fee payable by the State bank
24 and of the date fixed by the Commissioner for payment of
25 the fee.
26 (c) The "administration expenses" for any fiscal
27 year shall mean the ordinary and contingent expenses for
28 that year incident to making the examinations provided
29 for by, and for otherwise administering, this Act, the
30 Corporate Fiduciary Act, excluding the expenses paid from
31 the Corporate Fiduciary Receivership account in the Bank
32 and Trust Company Fund, the Foreign Banking Office Act,
33 the Electronic Fund Transfer Act, and the Illinois Bank
34 Examiners' Education Foundation Act, including all
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1 salaries and other compensation paid for personal
2 services rendered for the State by officers or employees
3 of the State, including the Commissioner and the Deputy
4 Commissioners, all expenditures for telephone and
5 telegraph charges, postage and postal charges, office
6 stationery, supplies and services, and office furniture
7 and equipment, including typewriters and copying and
8 duplicating machines and filing equipment, surety bond
9 premiums, and travel expenses of those officers and
10 employees, employees, expenditures or charges for the
11 acquisition, enlargement or improvement of, or for the
12 use of, any office space, building, or structure, or
13 expenditures for the maintenance thereof or for
14 furnishing heat, light, or power with respect thereto,
15 all to the extent that those expenditures are directly
16 incidental to such examinations or administration. The
17 Commissioner shall not be required by paragraphs (c) or
18 (d-1) of this subsection (3) to maintain in any fiscal
19 year's budget appropriated reserves for accrued vacation
20 and accrued sick leave that is required to be paid to
21 employees of the Commissioner upon termination of their
22 service with the Commissioner in an amount that is more
23 than is reasonably anticipated to be necessary for any
24 anticipated turnover in employees, whether due to normal
25 attrition or due to layoffs, terminations, or
26 resignations.
27 (d) The aggregate of all fees collected by the
28 Commissioner under this Act, the Corporate Fiduciary Act,
29 or the Foreign Banking Office Act on and after July 1,
30 1979, shall be paid promptly after receipt of the same,
31 accompanied by a detailed statement thereof, into the
32 State treasury and shall be set apart in a special fund
33 to be known as the "Bank and Trust Company Fund", except
34 as provided in paragraph (c) of subsection (11) of this
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1 Section. The amount from time to time deposited into the
2 Bank and Trust Company Fund shall be used to offset the
3 ordinary administrative expenses of the Commissioner of
4 Banks and Real Estate as defined in this Section. Nothing
5 in this amendatory Act of 1979 shall prevent continuing
6 the practice of paying expenses involving salaries,
7 retirement, social security, and State-paid insurance
8 premiums of State officers by appropriations from the
9 General Revenue Fund. However, the General Revenue Fund
10 shall be reimbursed for those payments made on and after
11 July 1, 1979, by an annual transfer of funds from the
12 Bank and Trust Company Fund.
13 (d-1) Adequate funds shall be available in the Bank
14 and Trust Company Fund to permit the timely payment of
15 administration expenses. In each fiscal year the total
16 administration expenses shall be deducted from the total
17 fees collected by the Commissioner and the remainder
18 transferred into the Cash Flow Reserve Account, unless
19 the balance of the Cash Flow Reserve Account prior to the
20 transfer equals or exceeds one-fourth of the total
21 initial appropriations from the Bank and Trust Company
22 Fund for the subsequent year, in which case the remainder
23 shall be credited to State banks and foreign banking
24 corporations and applied against their fees for the
25 subsequent year. The amount credited to each State bank
26 and foreign banking corporation shall be in the same
27 proportion as the Call Report Fees paid by each for the
28 year bear to the total Call Report Fees collected for the
29 year. If, after a transfer to the Cash Flow Reserve
30 Account is made or if no remainder is available for
31 transfer, the balance of the Cash Flow Reserve Account is
32 less than one-fourth of the total initial appropriations
33 for the subsequent year and the amount transferred is
34 less than 5% of the total Call Report Fees for the year,
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1 additional amounts needed to make the transfer equal to
2 5% of the total Call Report Fees for the year shall be
3 apportioned amongst, assessed upon, and paid by the State
4 banks and foreign banking corporations in the same
5 proportion that the Call Report Fees of each,
6 respectively, for the year bear to the total Call Report
7 Fees collected for the year. The additional amounts
8 assessed shall be transferred into the Cash Flow Reserve
9 Account. For purposes of this paragraph (d-1), the
10 calculation of the fees collected by the Commissioner
11 shall exclude the receivership fees provided for in
12 Section 5-10 of the Corporate Fiduciary Act.
13 (e) The Commissioner may upon request certify to
14 any public record in his keeping and shall have authority
15 to levy a reasonable charge for issuing certifications of
16 any public record in his keeping.
17 (f) In addition to fees authorized elsewhere in
18 this Act, the Commissioner may, in connection with a
19 review, approval, or provision of a service, levy a
20 reasonable charge to recover the cost of the review,
21 approval, or service.
22 (4) Nothing contained in this Act shall be construed to
23 limit the obligation relative to examinations and reports of
24 any State bank, deposits in which are to any extent insured
25 by the United States or any agency thereof, nor to limit in
26 any way the powers of the Commissioner with reference to
27 examinations and reports of that bank.
28 (5) The nature and condition of the assets in or
29 investment of any bonus, pension, or profit sharing plan for
30 officers or employees of every State bank or, after May 31,
31 1997, branch of an out-of-state bank shall be deemed to be
32 included in the affairs of that State bank or branch of an
33 out-of-state bank subject to examination by the Commissioner
34 under the provisions of subsection (2) of this Section, and
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1 if the Commissioner shall find from an examination that the
2 condition of or operation of the investments or assets of the
3 plan is unlawful, fraudulent, or unsafe, or that any trustee
4 has abused his trust, the Commissioner shall, if the
5 situation so found by the Commissioner shall not be corrected
6 to his satisfaction within 60 days after the Commissioner has
7 given notice to the board of directors of the State bank or
8 out-of-state bank of his findings, report the facts to the
9 Attorney General who shall thereupon institute proceedings
10 against the State bank or out-of-state bank, the board of
11 directors thereof, or the trustees under such plan as the
12 nature of the case may require.
13 (6) The Commissioner shall have the power:
14 (a) To promulgate reasonable rules for the purpose
15 of administering the provisions of this Act.
16 (b) To issue orders for the purpose of
17 administering the provisions of this Act and any rule
18 promulgated in accordance with this Act.
19 (c) To appoint hearing officers to execute any of
20 the powers granted to the Commissioner under this Section
21 for the purpose of administering this Act and any rule
22 promulgated in accordance with this Act.
23 (d) To subpoena witnesses, to compel their
24 attendance, to administer an oath, to examine any person
25 under oath, and to require the production of any relevant
26 books, papers, accounts, and documents in the course of
27 and pursuant to any investigation being conducted, or any
28 action being taken, by the Commissioner in respect of any
29 matter relating to the duties imposed upon, or the powers
30 vested in, the Commissioner under the provisions of this
31 Act or any rule promulgated in accordance with this Act.
32 (e) To conduct hearings.
33 (7) Whenever, in the opinion of the Commissioner, any
34 director, officer, employee, or agent of a State bank or,
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1 after May 31, 1997, of any branch of an out-of-state bank
2 shall have violated any law, rule, or order relating to that
3 bank or shall have engaged in an unsafe or unsound practice
4 in conducting the business of that bank, the Commissioner may
5 issue an order of removal. The order shall be served upon the
6 director, officer, employee, or agent. A copy of the order
7 shall be sent to each director of the bank affected by
8 registered mail. The person affected by the action may
9 request a hearing before the State Banking Board within 10
10 days after receipt of the order of removal. The hearing
11 shall be held by the Board within 30 days after the request
12 has been received by the Board. The Board shall make a
13 determination approving, modifying, or disapproving the order
14 of the Commissioner as its final administrative decision. If
15 a hearing is held by the Board, the Board shall make its
16 determination within 60 days from the conclusion of the
17 hearing. Any person affected by a decision of the Board under
18 this subsection (7) of Section 48 of this Act may have the
19 decision reviewed only under and in accordance with the
20 Administrative Review Law and the rules adopted pursuant
21 thereto. A copy of the order shall also be served upon the
22 bank of which he is a director, officer, employee, or agent,
23 whereupon he shall cease to be a director, officer, employee,
24 or agent of that bank. The order and the findings of fact
25 upon which it is based shall not be made public or disclosed
26 to anyone except the director, officer, employee, or agent
27 involved and the directors of the bank involved, otherwise
28 than in connection with proceedings for a violation of or
29 failure to comply with this Section. The Commissioner may
30 institute a civil action against the director, officer, or
31 agent of the State bank or, after May 31, 1997, of the branch
32 of the out-of-state bank against whom any order provided for
33 by this subsection (7) of this Section 48 has been issued,
34 and against the State bank or, after May 31, 1997,
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1 out-of-state bank, to enforce compliance with or to enjoin
2 any violation of the terms of the order. Any person who has
3 been removed by an order of the Commissioner under this
4 subsection or Section 5-6 of the Corporate Fiduciary Act may
5 not thereafter serve as director, officer, employee, or agent
6 of any State bank or of any branch of any out-of-state bank,
7 or of any corporate fiduciary, as defined in Section 1-5.05
8 of the Corporate Fiduciary Act, unless the Commissioner has
9 granted prior approval in writing.
10 (8) The Commissioner may impose civil penalties of up to
11 $10,000 against any person for each violation of any
12 provision of this Act, any rule promulgated in accordance
13 with this Act, any order of the Commissioner, or any other
14 action which in the Commissioner's discretion is an unsafe or
15 unsound banking practice.
16 (9) The Commissioner may impose civil penalties of up to
17 $100 against any person for the first failure to comply with
18 reporting requirements set forth in the report of examination
19 of the bank and up to $200 for the second and subsequent
20 failures to comply with those reporting requirements.
21 (10) All final administrative decisions of the
22 Commissioner hereunder shall be subject to judicial review
23 pursuant to the provisions of the Administrative Review Law.
24 For matters involving administrative review, venue shall be
25 in either Sangamon County or Cook County.
26 (11) The endowment fund for the Illinois Bank Examiners'
27 Education Foundation shall be administered as follows:
28 (a) (Blank).
29 (b) The Foundation is empowered to receive
30 voluntary contributions, gifts, grants, bequests, and
31 donations on behalf of the Illinois Bank Examiners'
32 Education Foundation from national banks and other
33 persons for the purpose of funding the endowment of the
34 Illinois Bank Examiners' Education Foundation.
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1 (c) The aggregate of all special educational fees
2 collected by the Commissioner and property received by
3 the Commissioner on behalf of the Illinois Bank
4 Examiners' Education Foundation under this subsection
5 (11) on or after June 30, 1986, shall be either (i)
6 promptly paid after receipt of the same, accompanied by a
7 detailed statement thereof, into the State Treasury and
8 shall be set apart in a special fund to be known as "The
9 Illinois Bank Examiners' Education Fund" to be invested
10 by either the Treasurer of the State of Illinois in the
11 Public Treasurers' Investment Pool or in any other
12 investment he is authorized to make or by the Illinois
13 State Board of Investment as the board of trustees of the
14 Illinois Bank Examiners' Education Foundation may direct
15 or (ii) deposited into an account maintained in a
16 commercial bank or corporate fiduciary in the name of the
17 Illinois Bank Examiners' Education Foundation pursuant to
18 the order and direction of the Board of Trustees of the
19 Illinois Bank Examiners' Education Foundation.
20 (12) (Blank).
21 (Source: P.A. 88-45; 88-289; 88-481; 88-546; 88-670, eff.
22 12-2-94; 89-208, eff. 9-29-95; 89-317, eff. 8-11-95; 89-508,
23 eff. 7-3-96; 89-567, eff. 7-26-96; 89-626, eff. 8-9-96;
24 revised 9-9-96.)
25 Section 2-145. The Illinois Savings and Loan Act of 1985
26 is amended by changing Section 1-6 as follows:
27 (205 ILCS 105/1-6) (from Ch. 17, par. 3301-6)
28 Sec. 1-6. General corporate powers. An association
29 operating under this Act shall be a body corporate and
30 politic and shall have all of the specific powers conferred
31 by this Act and, in addition thereto, the following general
32 powers:
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1 (a) To sue and be sued, complain and defend in its
2 corporate name, and to have a common seal, which it may alter
3 or renew at pleasure;
4 (b) To obtain and maintain insurance of the
5 association's withdrawable capital by an insurance
6 corporation as defined in this Act;
7 (c) Notwithstanding anything to the contrary contained
8 in this Act, to become a member of the Federal Home Loan
9 Bank, and to have all of the powers granted to a savings or
10 thrift institution organized under the laws of the United
11 States and which is located and doing business in the State
12 of Illinois, subject to regulations of the Commissioner;
13 (d) To act as a fiscal agent for the United States, the
14 State of Illinois or any department, branch, arm or agency of
15 the State or any unit of local government or school district
16 in the State when duly designated for that purpose, and as
17 agent to perform the reasonable functions as may be required
18 of it;
19 (e) To become a member of or deal with any corporation
20 or agency of the United States or the State of Illinois, to
21 the extent that the agency assists in furthering or
22 facilitating the association's purposes or powers and to that
23 end to purchase stock or securities thereof or deposit money
24 therewith, and to comply with any other conditions of
25 membership or credit;
26 (f) To make donations in reasonable amounts for the
27 public welfare or for charitable, scientific, religious or
28 educational purposes;
29 (g) To adopt and operate reasonable insurance, bonus,
30 profit sharing, and retirement plans for officers and
31 employees; likewise, directors who are not officers,
32 including, but not limited to, advisory, honorary, and
33 emeritus directors, may participate in those plans;
34 (h) To reject any application for membership, to retire
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1 withdrawable capital by enforced retirement as provided in
2 this Act and the by-laws, and to limit the issuance of or
3 payments on withdrawable capital, subject, however, to
4 contractual obligations;
5 (i) To purchase stock in service corporations and to
6 invest in any form of indebtedness of any service corporation
7 as defined in this Act, subject to regulations of the
8 Commissioner;
9 (j) To purchase stock of a corporation whose principal
10 purpose is to operate a safe deposit company or escrow
11 service company;
12 (k) To act as Trustee or Custodian under the Federal
13 Self-Employed Individuals' Tax Retirement Act of 1962 or any
14 amendments thereto or any other retirement account and invest
15 any funds held in such capacity in a savings account of the
16 institution;
17 (l) (Blank);
18 (m) To establish, maintain and operate terminals as
19 authorized by the Electronic Fund Transfer Act and by Section
20 5 of the Illinois Banking Act. The establishment,
21 maintenance, operation and location of such terminals shall
22 be subject to the approval of the Commissioner;
23 (n) Subject to the approval and regulations of the
24 Commissioner, an association may purchase or assume all or
25 any part of the assets or liabilities of an eligible insured
26 bank;
27 (o) To purchase from a bank, as defined in Section 2 of
28 the Illinois Banking Act, an insubstantial portion of the
29 total deposits of an insured bank. For the purpose of this
30 subparagraph, "insubstantial portion of the total deposits"
31 shall have the same meaning as provided in Section 5(d)(2)(D)
32 of the Federal Deposit Insurance Act;
33 (p) To effect an acquisition of or conversion to another
34 financial institution pursuant to Section 205 of the
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1 Financial Institutions Reform, Recovery and Enforcement Act
2 of 1989;
3 (q) To pledge its assets:
4 (1) to enable it to act as an agent for the sale of
5 obligations of the United States;
6 (2) to secure deposits;
7 (3) to secure deposits of money whenever required
8 by the National Bankruptcy Act;
9 (4) to qualify under Section 2-9 of the Corporate
10 Fiduciary Act; and
11 (5) to secure trust funds commingled with the
12 institution's funds, whether deposited by the institution
13 or an affiliate of the institution, as required under
14 Section 2-8 of the Corporate Fiduciary Act; and
15 (r) To provide temporary periodic service to persons
16 residing in a bona fide nursing home, senior citizens'
17 retirement home, or long-term care facility; and
18 (s) To purchase for its own account shares of stock of a
19 bankers' bank, described in Section 13(b)(1) of the Illinois
20 Banking Act, on the same terms and conditions as a bank may
21 purchase such shares. In no event shall the total amount of
22 such stock held by an association in such bankers' bank
23 exceed 10% of its capital and surplus (including undivided
24 profits) and in no event shall an association acquire more
25 than 5% of any class of voting securities of such bankers'
26 bank; and.
27 (t) (s) To effect a conversion to a State bank pursuant
28 to the provisions of the Illinois Banking Act.
29 (Source: P.A. 88-481; 89-74, eff. 6-30-95; 89-310, eff.
30 1-1-96; 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-567,
31 eff. 7-26-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96;
32 revised 9-13-96.)
33 Section 2-150. The Savings Bank Act is amended by
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1 changing Section 1008 as follows:
2 (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
3 Sec. 1008. General corporate powers.
4 (a) A savings bank operating under this Act shall be a
5 body corporate and politic and shall have all of the specific
6 powers conferred by this Act and in addition thereto, the
7 following general powers:
8 (1) To sue and be sued, complain, and defend in its
9 corporate name and to have a common seal, which it may
10 alter or renew at pleasure.
11 (2) To obtain and maintain insurance by a deposit
12 insurance corporation as defined in this Act.
13 (3) To act as a fiscal agent for the United States,
14 the State of Illinois or any department, branch, arm, or
15 agency of the State or any unit of local government or
16 school district in the State, when duly designated for
17 that purpose, and as agent to perform reasonable
18 functions as may be required of it.
19 (4) To become a member of or deal with any
20 corporation or agency of the United States or the State
21 of Illinois, to the extent that the agency assists in
22 furthering or facilitating its purposes or powers and to
23 that end to purchase stock or securities thereof or
24 deposit money therewith, and to comply with any other
25 conditions of membership or credit.
26 (5) To make donations in reasonable amounts for the
27 public welfare or for charitable, scientific, religious,
28 or educational purposes.
29 (6) To adopt and operate reasonable insurance,
30 bonus, profit sharing, and retirement plans for officers
31 and employees and for directors including, but not
32 limited to, advisory, honorary, and emeritus directors,
33 who are not officers or employees.
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1 (7) To reject any application for membership; to
2 retire deposit accounts by enforced retirement as
3 provided in this Act and the bylaws; and to limit the
4 issuance of, or payments on, deposit accounts, subject,
5 however, to contractual obligations.
6 (8) To purchase stock in service corporations and
7 to invest in any form of indebtedness of any service
8 corporation as defined in this Act, subject to
9 regulations of the Commissioner.
10 (9) To purchase stock of a corporation whose
11 principal purpose is to operate a safe deposit company or
12 escrow service company.
13 (10) To exercise all the powers necessary to
14 qualify as a trustee or custodian under federal or State
15 law, provided that the authority to accept and execute
16 trusts is subject to the provisions of the Corporate
17 Fiduciary Act and to the supervision of those activities
18 by the Commissioner of Banks and Real Estate.
19 (11) (Blank).
20 (12) To establish, maintain, and operate terminals
21 as authorized by the Electronic Fund Transfer Act. The
22 establishment, maintenance, operation, and location of
23 those terminals shall be subject to the approval of the
24 Commissioner.
25 (13) Pledge its assets:
26 (A) to enable it to act as agent for the sale
27 of obligations of the United States;
28 (B) to secure deposits;
29 (C) to secure deposits of money whenever
30 required by the National Bankruptcy Act;
31 (D) to qualify under Section 2-9 of the
32 Corporate Fiduciary Act; and
33 (E) to secure trust funds commingled with the
34 savings bank's funds, whether deposited by the
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1 savings bank or an affiliate of the savings bank, as
2 required under Section 2-8 of the Corporate
3 Fiduciary Act.
4 (14) To accept for payment at a future date not to
5 exceed one year from the date of acceptance, drafts drawn
6 upon it by its customers; and to issue, advise, or
7 confirm letters of credit authorizing holders thereof to
8 draw drafts upon it or its correspondents.
9 (15) Subject to the regulations of the
10 Commissioner, to own and lease personal property acquired
11 by the savings bank at the request of a prospective
12 lessee and, upon the agreement of that person, to lease
13 the personal property.
14 (16) To establish temporary service booths at any
15 International Fair in this State that is approved by the
16 United States Department of Commerce for the duration of
17 the international fair for the purpose of providing a
18 convenient place for foreign trade customers to exchange
19 their home countries' currency into United States
20 currency or the converse. To provide temporary periodic
21 service to persons residing in a bona fide nursing home,
22 senior citizens' retirement home, or long-term care
23 facility. These powers shall not be construed as
24 establishing a new place or change of location for the
25 savings bank providing the service booth.
26 (17) To indemnify its officers, directors,
27 employees, and agents, as authorized for corporations
28 under Section 8.75 of the Business Corporations Act of
29 1983.
30 (18) To provide data processing services to others
31 on a for-profit basis.
32 (19) To utilize any electronic technology to
33 provide customers with home banking services.
34 (20) Subject to the regulations of the
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1 Commissioner, to enter into an agreement to act as a
2 surety.
3 (21) Subject to the regulations of the
4 Commissioner, to issue credit cards, extend credit
5 therewith, and otherwise engage in or participate in
6 credit card operations.
7 (22) To purchase for its own account shares of
8 stock of a bankers' bank, described in Section 13(b)(1)
9 of the Illinois Banking Act, on the same terms and
10 conditions as a bank may purchase such shares. In no
11 event shall the total amount of such stock held by a
12 savings bank an association in such bankers' bank exceed
13 10% of its capital and surplus (including undivided
14 profits) and in no event shall a savings bank an
15 association acquire more than 5% of any class of voting
16 securities of such bankers' bank.
17 (b) If this Act fails to provide specific guidance in
18 matters of corporate governance, the provisions of the
19 Business Corporation Act of 1983 may be used.
20 (Source: P.A. 88-112; 88-481; 88-670, eff. 12-2-94; 89-74,
21 eff. 6-30-95; 89-310, eff. 1-1-96; 89-317, eff. 8-11-95;
22 89-355, eff. 8-17-95; 89-508, eff. 7-3-96; 89-603, eff.
23 8-2-96; 89-626, eff. 8-9-96; revised 9-9-96.)
24 Section 2-155. The Corporate Fiduciary Act is amended by
25 changing Section 3-3 as follows:
26 (205 ILCS 620/3-3) (from Ch. 17, par. 1553-3)
27 Sec. 3-3. Successor trustee.
28 (a) If any corporate fiduciary merges into, or becomes
29 consolidated with, another corporate fiduciary qualified to
30 administer trusts or is succeeded in its trust business by
31 any corporate fiduciary by purchase or otherwise; or if a
32 bank holding company causes a subsidiary, qualified to
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1 administer trusts, to succeed to part or all of the trust
2 business of any other subsidiary of the same bank holding
3 company, the surviving, consolidated, successor corporate
4 fiduciary or subsidiary shall become successor fiduciary in
5 place of such predecessor corporate fiduciary, unless
6 expressly prohibited by the provisions of the trust
7 instrument, with all the rights, powers and duties which were
8 granted to or imposed on such predecessor corporate
9 fiduciary.
10 (b) (Blank).
11 (c) Notwithstanding any other provision of law, a
12 corporate fiduciary may delegate to any of its affiliates
13 qualified to administer trusts, any or all fiduciary duties,
14 actions or decisions, discretionary or otherwise, and the
15 delegating corporate fiduciary shall not be required to
16 review any delegated actions or decisions taken by the
17 affiliate. The term "affiliate" means any state bank, any
18 national bank, any trust company, or any other corporation,
19 which that is qualified to act as a fiduciary in this or any
20 other state, and which that is a member of the same
21 affiliated group (within the meaning of Section 1504 of the
22 Internal Revenue Code of 1986, as amended).
23 (Source: P.A. 89-205, eff. 1-1-96; 89-364, eff. 8-18-95;
24 89-567, eff. 7-26-96; 89-686, eff. 6-1-97; revised 1-15-97.)
25 Section 2-160. The Promissory Note and Bank Holiday Act
26 is amended by changing Section 17 as follows:
27 (205 ILCS 630/17) (from Ch. 17, par. 2201)
28 Sec. 17. Holidays.
29 (a) The following days shall be legal holidays in the
30 State of Illinois upon which day a bank may, but is not
31 required to, remain closed:
32 the first day of January (New Year's Day);
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1 the third Monday in January (observance of Martin Luther
2 King, Jr.'s birthday);
3 the twelfth day in February (Abraham Lincoln's birthday);
4 the third Monday in February (Presidents Day);
5 the first Monday in March (observance of Casimir
6 Pulaski's birthday);
7 the Friday preceding Easter Sunday (Good Friday);
8 the last Monday of May (Memorial Day);
9 the fourth day of July (Independence Day);
10 the first Monday in September (Labor Day);
11 the second Monday in October (Columbus Day);
12 the eleventh day of November (Veterans' Day);
13 the fourth Thursday in November (Thanksgiving Day);
14 the twenty-fifth day in December (Christmas Day);
15 the days upon which the general elections for members of
16 the House of Representatives are held, and any day proclaimed
17 by the Governor of this State as a legal holiday. From 12
18 o'clock noon to 12 o'clock midnight of each Saturday shall be
19 considered a half holiday. In addition to such holidays and
20 half-holidays, a bank may select one day of the week to
21 remain closed, as provided in subsection (b) of this Section.
22 (b) Any bank doing business within this State may select
23 any one day of the week to remain closed on a regular basis
24 upon adoption of a resolution by the board of directors of
25 such bank designating the day selected and upon filing and
26 publishing a copy of such resolution as hereinafter required.
27 Any such resolution shall be deemed effective for the purpose
28 of this Section only when a copy thereof, certified by an
29 officer having charge of the records of such bank, is filed
30 with the Recorder of the county in which such bank is located
31 and published once each week for 3 successive weeks in a
32 newspaper of general circulation in such county. Such
33 publication shall be accomplished by, and at the expense of,
34 the bank, and the bank shall submit to the Commissioner of
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1 Banks and Real Estate such evidence of the publication as the
2 Commissioner shall deem appropriate. Any such selection
3 shall remain in full force and effect until a copy of the
4 later resolution of the board of directors of such bank,
5 certified in like manner, terminating or altering any such
6 prior selection shall be filed and published in the same
7 manner as such prior resolution.
8 (c) If an occasion arises when a state bank wishes to
9 remain closed on a particular day, other than a day on which
10 the bank has selected to remain closed on a regular basis as
11 provided in this Section, such state bank may remain closed
12 on such an occasion after first sending to the Commissioner a
13 copy of a resolution adopted by the board of directors
14 authorizing the bank to remain closed on such occasion and
15 notice of the intent to remain closed on such occasion shall
16 be conspicuously posted in the lobby of the main banking
17 office and any branches of such bank for at least 3 weeks in
18 advance of such occasion. Any day which any bank doing
19 business within the State shall select to remain closed
20 pursuant to this Section shall, with respect to such bank, be
21 treated and considered as a Sunday.
22 (d) All legal holidays, the half holidays and any day
23 selected by a bank doing business within the State to remain
24 closed, shall, for all purposes whatsoever, as regards the
25 presenting for payment or acceptance, the maturity and
26 protesting and giving of notice of the dishonor of bills of
27 exchange, bank checks and promissory notes and other
28 negotiable or commercial paper or instrument, be treated and
29 considered as a Sunday. When any such holidays fall on
30 Sunday, the Monday next following shall be held and
31 considered such holiday. All notes, bills, drafts, checks or
32 other evidence of indebtedness, falling due or maturing on
33 either of such days, shall be deemed as due or maturing upon
34 the day following, and when 2 or more of these days come
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1 together, or immediately succeeding each other, then such
2 instruments, paper or indebtedness shall be deemed as due or
3 having matured on the day following the last of such days.
4 (e) Any act authorized, required or permitted to be
5 performed at or by or with respect to any bank doing business
6 within the State on a day which it has selected to remain
7 closed under this Section may be so performed on the next
8 succeeding business day and no liability or loss of rights of
9 any kind shall result from such delay.
10 (f) Nothing in this Act shall in any manner affect the
11 validity of, or render void or voidable, the payment,
12 certification, or acceptance of a check or other negotiable
13 instrument, or any other transaction by a bank in this State,
14 because done or performed on any Saturday, Sunday, holiday,
15 or any day selected by a bank to remain closed, or during any
16 time other than regular banking hours; but no bank in this
17 State, which by law or custom is entitled to remain open or
18 to close for the whole or any part of any day selected by it
19 to remain open or to close, is compelled to close, or to
20 remain open for the transaction of business or to perform any
21 of the acts or transactions aforesaid except at its own
22 option.
23 (Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96;
24 revised 9-10-96.)
25 Section 2-165. The Nursing Home Care Act is amended by
26 changing Section 1-113 as follows:
27 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
28 Sec. 1-113. "Facility" or "long-term care facility"
29 means a private home, institution, building, residence, or
30 any other place, whether operated for profit or not, or a
31 county home for the infirm and chronically ill operated
32 pursuant to Division 5-21 or 5-22 of the Counties Code, or
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1 any similar institution operated by a political subdivision
2 of the State of Illinois, which provides, through its
3 ownership or management, personal care, sheltered care or
4 nursing for 3 or more persons, not related to the applicant
5 or owner by blood or marriage. It includes skilled nursing
6 facilities and intermediate care facilities as those terms
7 are defined in Title XVIII and Title XIX of the Federal
8 Social Security Act.
9 "Facility" does not include the following:
10 (1) A home, institution, or other place operated by the
11 federal government or agency thereof, or by the State of
12 Illinois;
13 (2) A hospital, sanitarium, or other institution whose
14 principal activity or business is the diagnosis, care, and
15 treatment of human illness through the maintenance and
16 operation as organized facilities therefor, which is required
17 to be licensed under the Hospital Licensing Act;
18 (3) Any "facility for child care" as defined in the
19 Child Care Act of 1969;
20 (4) Any "Community Living Facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (5) Any "community residential alternative" as defined
23 in the Community Residential Alternatives Licensing Act;
24 (6) Any nursing home or sanatorium operated solely by
25 and for persons who rely exclusively upon treatment by
26 spiritual means through prayer, in accordance with the creed
27 or tenets of any well-recognized church or religious
28 denomination. However, such nursing home or sanatorium shall
29 comply with all local laws and rules relating to sanitation
30 and safety;
31 (7) Any facility licensed by the Department of Human
32 Services as a community-integrated living arrangement as
33 defined in the Community-Integrated Living Arrangements
34 Licensure and Certification Act;
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1 (8) Any "Supportive Residence" licensed under the
2 Supportive Residences Licensing Act; or
3 (9) Any "supportive living facility" in good standing
4 with the demonstration project established under Section
5 5-5.01a of the Illinois Public Aid Code.
6 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
7 revised 8-26-96.)
8 Section 2-170. The Illinois Insurance Code is amended by
9 changing and renumbering multiple versions of Section 356r as
10 follows:
11 (215 ILCS 5/356r)
12 Sec. 356r. Woman's principal health care provider.
13 (a) An individual or group policy of accident and health
14 insurance or a managed care plan amended, delivered, issued,
15 or renewed in this State after November 14, 1996 the
16 effective date of this Section that requires an insured or
17 enrollee to designate an individual to coordinate care or to
18 control access to health care services shall also permit a
19 female insured or enrollee to designate a participating
20 woman's principal health care provider.
21 (b) If a female insured or enrollee has designated a
22 woman's principal health care provider, then the insured or
23 enrollee must be given direct access to the woman's principal
24 health care provider for services covered by the policy or
25 plan without the need for a referral or prior approval.
26 Nothing shall prohibit the insurer or managed care plan from
27 requiring prior authorization or approval from either a
28 primary care provider or the woman's principal health care
29 provider for referrals for additional care or services.
30 (c) For the purposes of this Section the following terms
31 are defined:
32 (1) "Woman's principal health care provider" means
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1 a physician licensed to practice medicine in all of its
2 branches specializing in obstetrics or gynecology.
3 (2) "Managed care entity" means any entity
4 including a licensed insurance company, hospital or
5 medical service plan, health maintenance organization,
6 limited health service organization, preferred provider
7 organization, third party administrator, an employer or
8 employee organization, or any person or entity that
9 establishes, operates, or maintains a network of
10 participating providers.
11 (3) "Managed care plan" means a plan operated by a
12 managed care entity that provides for the financing of
13 health care services to persons enrolled in the plan
14 through:
15 (A) organizational arrangements for ongoing
16 quality assurance, utilization review programs, or
17 dispute resolution; or
18 (B) financial incentives for persons enrolled
19 in the plan to use the participating providers and
20 procedures covered by the plan.
21 (4) "Participating provider" means a physician who
22 has contracted with an insurer or managed care plan to
23 provide services to insureds or enrollees as defined by
24 the contract.
25 (d) The original provisions of this Section became law
26 on July 17, 1996 and took take effect November 14, 1996,
27 which is 120 days after becoming law.
28 (Source: P.A. 89-514; revised 1-2-97.)
29 (215 ILCS 5/356s)
30 Sec. 356s. 356r. Post-parturition care. An individual or
31 group policy of accident and health insurance that provides
32 maternity coverage and is amended, delivered, issued, or
33 renewed after the effective date of this amendatory Act of
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1 1996 shall provide coverage for the following:
2 (1) a minimum of 48 hours of inpatient care
3 following a vaginal delivery for the mother and the
4 newborn, except as otherwise provided in this Section; or
5 (2) a minimum of 96 hours of inpatient care
6 following a delivery by caesarian section for the mother
7 and newborn, except as otherwise provided in this
8 Section.
9 A shorter length of hospital inpatient stay for services
10 related to maternity and newborn care may be provided if the
11 attending physician licensed to practice medicine in all of
12 its branches determines, in accordance with the protocols and
13 guidelines developed by the American College of Obstetricians
14 and Gynecologists or the American Academy of Pediatrics, that
15 the mother and the newborn meet the appropriate guidelines
16 for that length of stay based upon evaluation of the mother
17 and newborn and the coverage and availability of a
18 post-discharge physician office visit or in-home nurse visit
19 to verify the condition of the infant in the first 48 hours
20 after discharge.
21 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
22 Section 2-175. The Child Care Act of 1969 is amended by
23 changing Section 7 as follows:
24 (225 ILCS 10/7) (from Ch. 23, par. 2217)
25 Sec. 7. (a) The Department must prescribe and publish
26 minimum standards for licensing that apply to the various
27 types of facilities for child care defined in this Act and
28 that are equally applicable to like institutions under the
29 control of the Department and to foster family homes used by
30 and under the direct supervision of the Department. The
31 Department shall seek the advice and assistance of persons
32 representative of the various types of child care facilities
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1 in establishing such standards. The standards prescribed and
2 published under this Act take effect as provided in the
3 Illinois Administrative Procedure Act, and are restricted to
4 regulations pertaining to:
5 (1) The operation and conduct of the facility and
6 responsibility it assumes for child care;
7 (2) The character, suitability and qualifications
8 of the applicant and other persons directly responsible
9 for the care and welfare of children served. All child
10 day care center licensees and employees who are required
11 to report child abuse or neglect under the Abused and
12 Neglected Child Reporting Act shall be required to attend
13 training on recognizing child abuse and neglect, as
14 prescribed by Department rules;
15 (3) The general financial ability and competence of
16 the applicant to provide necessary care for children and
17 to maintain prescribed standards;
18 (4) The number of individuals or staff required to
19 insure adequate supervision and care of the children
20 received. The standards shall provide that each child
21 care institution, maternity center, day care center,
22 group home, day care home, and group day care home shall
23 have on its premises during its hours of operation at
24 least one staff member certified in first aid, in the
25 Heimlich maneuver and in cardiopulmonary resuscitation by
26 the American Red Cross or other organization approved by
27 rule of the Department. Child welfare agencies shall not
28 be subject to such a staffing requirement. The
29 Department may offer, or arrange for the offering, on a
30 periodic basis in each community in this State in
31 cooperation with the American Red Cross, the American
32 Heart Association or other appropriate organization,
33 voluntary programs to train operators of foster family
34 homes and day care homes in first aid and cardiopulmonary
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1 resuscitation;
2 (5) The appropriateness, safety, cleanliness and
3 general adequacy of the premises, including maintenance
4 of adequate fire prevention and health standards
5 conforming to State laws and municipal codes to provide
6 for the physical comfort, care and well-being of children
7 received;
8 (6) Provisions for food, clothing, educational
9 opportunities, program, equipment and individual supplies
10 to assure the healthy physical, mental and spiritual
11 development of children served;
12 (7) Provisions to safeguard the legal rights of
13 children served;
14 (8) Maintenance of records pertaining to the
15 admission, progress, health and discharge of children,
16 including, for day care centers and day care homes,
17 records indicating each child has been immunized as
18 required by State regulations. The Department shall
19 require proof that children enrolled in a facility have
20 been immunized against Haemophilus Influenzae B (HIB);
21 (9) Filing of reports with the Department;
22 (10) Discipline of children;
23 (11) Protection and fostering of the particular
24 religious faith of the children served;
25 (12) Provisions prohibiting firearms on day care
26 center premises except in the possession of peace
27 officers;
28 (13) Provisions prohibiting handguns on day care
29 home premises except in the possession of peace officers
30 or other adults who must possess a handgun as a condition
31 of employment and who reside on the premises of a day
32 care home;
33 (14) Provisions requiring that any firearm
34 permitted on day care home premises, except handguns in
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1 the possession of peace officers, shall be kept in a
2 disassembled state, without ammunition, in locked
3 storage, inaccessible to children and that ammunition
4 permitted on day care home premises shall be kept in
5 locked storage separate from that of disassembled
6 firearms, inaccessible to children;
7 (15) Provisions requiring notification of parents
8 or guardians enrolling children at a day care home of the
9 presence in the day care home of any firearms and
10 ammunition and of the arrangements for the separate,
11 locked storage of such firearms and ammunition.
12 (b) If, in a facility for general child care, there are
13 children diagnosed as mentally ill, mentally retarded or
14 physically handicapped, who are determined to be in need of
15 special mental treatment or of nursing care, or both mental
16 treatment and nursing care, the Department shall seek the
17 advice and recommendation of the Department of Human
18 Services, the Department of Public Health, or both
19 Departments regarding the residential treatment and nursing
20 care provided by the institution.
21 (c) The Department shall investigate any person applying
22 to be licensed as a foster parent to determine whether there
23 is any evidence of current drug or alcohol abuse in the
24 prospective foster family. The Department shall not license
25 a person as a foster parent if drug or alcohol abuse has been
26 identified in the foster family or if a reasonable suspicion
27 of such abuse exists, except that the Department may grant a
28 foster parent license to an applicant identified with an
29 alcohol or drug problem if the applicant has successfully
30 participated in an alcohol or drug treatment program,
31 self-help group, or other suitable activities.
32 (d) The Department, in applying standards prescribed and
33 published, as herein provided, shall offer consultation
34 through employed staff or other qualified persons to assist
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1 applicants and licensees in meeting and maintaining minimum
2 requirements for a license and to help them otherwise to
3 achieve programs of excellence related to the care of
4 children served. Such consultation shall include providing
5 information concerning education and training in early
6 childhood development to providers of day care home services.
7 The Department may provide or arrange for such education and
8 training for those providers who request such assistance.
9 (e) The Department shall distribute copies of licensing
10 standards to all licensees and applicants for a license.
11 Each licensee or holder of a permit shall distribute copies
12 of the appropriate licensing standards and any other
13 information required by the Department to child care
14 facilities under its supervision. Each licensee or holder of
15 a permit shall maintain appropriate documentation of the
16 distribution of the standards. Such documentation shall be
17 part of the records of the facility and subject to inspection
18 by authorized representatives of the Department.
19 (f) The Department shall prepare summaries of day care
20 licensing standards. Each licensee or holder of a permit for
21 a day care facility shall distribute a copy of the
22 appropriate summary and any other information required by the
23 Department, to the legal guardian of each child cared for in
24 that facility at the time when the child is enrolled or
25 initially placed in the facility. The licensee or holder of a
26 permit for a day care facility shall secure appropriate
27 documentation of the distribution of the summary and
28 brochure. Such documentation shall be a part of the records
29 of the facility and subject to inspection by an authorized
30 representative of the Department.
31 (g) The Department shall distribute to each licensee and
32 holder of a permit copies of the licensing or permit
33 standards applicable to such person's facility. Each
34 licensee or holder of a permit shall make available by
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1 posting at all times in a common or otherwise accessible area
2 a complete and current set of licensing standards in order
3 that all employees of the facility may have unrestricted
4 access to such standards. All employees of the facility
5 shall have reviewed the standards and any subsequent changes.
6 Each licensee or holder of a permit shall maintain
7 appropriate documentation of the current review of licensing
8 standards by all employees. Such records shall be part of
9 the records of the facility and subject to inspection by
10 authorized representatives of the Department.
11 (h) Any standards involving physical examinations,
12 immunization, or medical treatment shall include appropriate
13 exemptions for children whose parents object thereto on the
14 grounds that they conflict with the tenets and practices of a
15 recognized church or religious organization, of which the
16 parent is an adherent or member, and for children who should
17 not be subjected to immunization for clinical reasons.
18 (Source: P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97;
19 89-648, eff. 8-9-96; revised 9-12-96.)
20 Section 2-180. The Health Care Worker Background Check
21 Act is amended by changing Sections 15 and 65 as follows:
22 (225 ILCS 46/15)
23 Sec. 15. Definitions. For the purposes of this Act, the
24 following definitions apply:
25 "Applicant" means an individual seeking employment with a
26 health care employer who has received a bona fide conditional
27 offer of employment.
28 "Conditional offer of employment" means a bona fide offer
29 of employment by a health care employer to an applicant,
30 which is contingent upon the receipt of a report from the
31 Department of State Police indicating that the applicant does
32 not have a record of conviction of any of the criminal
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1 offenses enumerated in Section 25.
2 "Direct care" means the provision of nursing care or
3 assistance with meals, dressing, movement, bathing, or other
4 personal needs or maintenance, or general supervision and
5 oversight of the physical and mental well-being of an
6 individual who is incapable of managing his or her person
7 whether or not a guardian has been appointed for that
8 individual.
9 "Health care employer" means:
10 (1) the owner or licensee of any of the following:
11 (i) a community living facility, as defined in the
12 Community Living Facilities Act;
13 (ii) a life care facility, as defined in the Life
14 Care Facilities Act;
15 (iii) a long-term care facility, as defined in the
16 Nursing Home Care Act;
17 (iv) a home health agency, as defined in the Home
18 Health Agency Licensing Act;
19 (v) a full hospice, as defined in the Hospice
20 Program Licensing Act;
21 (vi) a hospital, as defined in the Hospital
22 Licensing Act;
23 (vii) a community residential alternative, as
24 defined in the Community Residential Alternatives
25 Licensing Act;
26 (viii) a nurse agency, as defined in the Nurse
27 Agency Licensing Act;
28 (ix) a respite care provider, as defined in the
29 Respite Program Act;
30 (2) a day training program certified by the Department
31 of Human Services; or
32 (3) a community integrated living arrangement operated
33 by a community mental health and developmental service
34 agency, as defined in the Community-Integrated Living
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1 Arrangements Licensing and Certification Act.
2 "Initiate" means the obtaining of the authorization for a
3 record check from a student, applicant, or employee. The
4 educational entity or health care employer or its designee
5 shall transmit all necessary information and fees to the
6 Illinois State Police within 10 working days after receipt of
7 the authorization.
8 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
9 89-674, eff. 8-14-96; revised 9-12-96.)
10 (225 ILCS 46/65)
11 Sec. 65. Health Care Worker Task Force. A Health Care
12 Worker Task Force shall be appointed no later than July 1,
13 1996, to study and make recommendations on statutory changes
14 to this Act.
15 (a) The Task Force shall monitor the status of the
16 implementation of this Act and monitor complaint
17 investigations relating to this Act by the Department on
18 Aging, Department of Public Health, Department of
19 Professional Regulation, and the Department of Human Services
20 to determine the criminal background, if any, of health care
21 workers who have had findings of abuse, theft, or
22 exploitation.
23 (b) The Task Force shall make recommendations
24 concerning:
25 (1) additional health care positions, including
26 licensed individuals and volunteers, that should be
27 included in the Act;
28 (2) development of a transition to
29 fingerprint-based State and federal criminal records
30 checks for all direct care applicants or employees;
31 (3) development of a system that is affordable to
32 applicants;
33 (4) modifications to the list of offenses
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1 enumerated in Section 25; and
2 (5) any other necessary or desirable changes to the
3 Act.
4 (c) The Task Force shall issue an interim report to the
5 Governor and General Assembly no later than December 31,
6 1996. The final report shall be issued no later than
7 September 30, 1997, and shall include specific statutory
8 changes recommended, if any.
9 (d) The Task Force shall be comprised of the following
10 members who shall serve without pay:
11 (1) a chairman knowledgeable about health care
12 issues, who shall be appointed by the Governor;
13 (2) the Director of the Department of Public Health
14 or his or her designee;
15 (3) the Director of the Department of State Police
16 or his or her designee;
17 (3.5) the Director of the Department of Public Aid
18 or his or her designee;
19 (4) 2 representatives of health care providers who
20 shall be appointed by the Governor;
21 (5) 2 representatives of health care employees who
22 shall be appointed by the Governor;
23 (6) a representative of the general public who has
24 an interest in health care who shall be appointed by the
25 Governor; and
26 (7) 4 members of the General Assembly, one
27 appointed by the Speaker of the House, one appointed by
28 the House Minority Leader, one appointed by the President
29 of the Senate, and one appointed by the Senate Minority
30 Leader.
31 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
32 89-674, eff. 8-14-96; revised 9-12-96.)
33 Section 2-185. The Liquor Control Act of 1934 is amended
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1 by changing Section 6-15 as follows:
2 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
3 Sec. 6-15. No alcoholic liquors shall be sold or
4 delivered in any building belonging to or under the control
5 of the State or any political subdivision thereof except as
6 provided in this Act. The corporate authorities of any city,
7 village, incorporated town or township may provide by
8 ordinance, however, that alcoholic liquor may be sold or
9 delivered in any specifically designated building belonging
10 to or under the control of the municipality or township, or
11 in any building located on land under the control of the
12 municipality; provided that such township complies with all
13 applicable local ordinances in any incorporated area of the
14 township. Alcoholic liquors may be delivered to and sold at
15 any airport belonging to or under the control of a
16 municipality of more than 25,000 inhabitants, or in any
17 building owned by a park district organized under the Park
18 District Code, subject to the approval of the governing board
19 of the district, or in any building or on any golf course
20 owned by a forest preserve district organized under the
21 Downstate Forest Preserve District Act, subject to the
22 approval of the governing board of the district, or in
23 Bicentennial Park, or on the premises of the City of Mendota
24 Lake Park located adjacent to Route 51 in Mendota, Illinois,
25 or on the premises of Camden Park in Milan, Illinois, or in
26 the community center owned by the City of Loves Park that is
27 located at 1000 River Park Drive in Loves Park, Illinois, or,
28 in connection with the operation of an established food
29 serving facility during times when food is dispensed for
30 consumption on the premises, and at the following aquarium
31 and museums located in public parks: Art Institute of
32 Chicago, Chicago Academy of Sciences, Chicago Historical
33 Society, Field Museum of Natural History, Museum of Science
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1 and Industry, DuSable Museum of African American History,
2 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
3 Museum of Arts and Sciences in Peoria, or in connection with
4 the operation of the facilities of the Chicago Zoological
5 Society or the Chicago Horticultural Society on land owned by
6 the Forest Preserve District of Cook County, or in any
7 building located on land owned by the Chicago Park District
8 if approved by the Park District Commissioners, or on any
9 land used for a golf course or for recreational purposes and
10 owned by the Illinois International Port District if approved
11 by the District's governing board, or at any airport, golf
12 course, faculty center, or facility in which conference and
13 convention type activities take place belonging to or under
14 control of any State university or public community college
15 district, provided that with respect to a facility for
16 conference and convention type activities alcoholic liquors
17 shall be limited to the use of the convention or conference
18 participants or participants in cultural, political or
19 educational activities held in such facilities, and provided
20 further that the faculty or staff of the State university or
21 a public community college district, or members of an
22 organization of students, alumni, faculty or staff of the
23 State university or a public community college district are
24 active participants in the conference or convention, or by a
25 catering establishment which has rented facilities from a
26 board of trustees of a public community college district, or,
27 if approved by the District board, on land owned by the
28 Metropolitan Sanitary District of Greater Chicago and leased
29 to others for a term of at least 20 years. Nothing in this
30 Section precludes the sale or delivery of alcoholic liquor in
31 the form of original packaged goods in premises located at
32 500 S. Racine in Chicago belonging to the University of
33 Illinois and used primarily as a grocery store by a
34 commercial tenant during the term of a lease that predates
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1 the University's acquisition of the premises; but the
2 University shall have no power or authority to renew,
3 transfer, or extend the lease with terms allowing the sale of
4 alcoholic liquor; and the sale of alcoholic liquor shall be
5 subject to all local laws and regulations. After the
6 acquisition by Winnebago County of the property located at
7 404 Elm Street in Rockford, a commercial tenant who sold
8 alcoholic liquor at retail on a portion of the property under
9 a valid license at the time of the acquisition may continue
10 to do so for so long as the tenant and the County may agree
11 under existing or future leases, subject to all local laws
12 and regulations regarding the sale of alcoholic liquor. Each
13 facility shall provide dram shop liability in maximum
14 insurance coverage limits so as to save harmless the State,
15 municipality, State university, airport, golf course, faculty
16 center, facility in which conference and convention type
17 activities take place, park district, Forest Preserve
18 District, public community college district, aquarium,
19 museum, or sanitary district from all financial loss, damage
20 or harm. Alcoholic liquors may be sold at retail in buildings
21 of golf courses owned by municipalities in connection with
22 the operation of an established food serving facility during
23 times when food is dispensed for consumption upon the
24 premises. Alcoholic liquors may be delivered to and sold at
25 retail in any building owned by a fire protection district
26 organized under the Fire Protection District Act, provided
27 that such delivery and sale is approved by the board of
28 trustees of the district, and provided further that such
29 delivery and sale is limited to fundraising events and to a
30 maximum of 6 events per year.
31 Alcoholic liquor may be delivered to and sold at retail
32 in the Dorchester Senior Business Center owned by the Village
33 of Dolton if the alcoholic liquor is sold or dispensed only
34 in connection with organized functions for which the planned
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1 attendance is 20 or more persons, and if the person or
2 facility selling or dispensing the alcoholic liquor has
3 provided dram shop liability insurance in maximum limits so
4 as to hold harmless the Village of Dolton and the State from
5 all financial loss, damage and harm.
6 Alcoholic liquors may be delivered to and sold at retail
7 in any building used as an Illinois State Armory provided:
8 (i) the Adjutant General's written consent to the
9 issuance of a license to sell alcoholic liquor in such
10 building is filed with the Commission;
11 (ii) the alcoholic liquor is sold or dispensed only
12 in connection with organized functions held on special
13 occasions;
14 (iii) the organized function is one for which the
15 planned attendance is 25 or more persons; and
16 (iv) the facility selling or dispensing the
17 alcoholic liquors has provided dram shop liability
18 insurance in maximum limits so as to save harmless the
19 facility and the State from all financial loss, damage or
20 harm.
21 Alcoholic liquors may be delivered to and sold at retail
22 in the Chicago Civic Center, provided that:
23 (i) the written consent of the Public Building
24 Commission which administers the Chicago Civic Center is
25 filed with the Commission;
26 (ii) the alcoholic liquor is sold or dispensed only
27 in connection with organized functions held on special
28 occasions;
29 (iii) the organized function is one for which the
30 planned attendance is 25 or more persons;
31 (iv) the facility selling or dispensing the
32 alcoholic liquors has provided dram shop liability
33 insurance in maximum limits so as to hold harmless the
34 Civic Center, the City of Chicago and the State from all
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1 financial loss, damage or harm; and
2 (v) all applicable local ordinances are complied
3 with.
4 Alcoholic liquors may be delivered or sold in any
5 building belonging to or under the control of any city,
6 village or incorporated town where more than 75% of the
7 physical properties of the building is used for commercial or
8 recreational purposes, and the building is located upon a
9 pier extending into or over the waters of a navigable lake or
10 stream or on the shore of a navigable lake or stream.
11 Alcoholic liquor may be sold in buildings under the control
12 of the Department of Natural Resources when written consent
13 to the issuance of a license to sell alcoholic liquor in such
14 buildings is filed with the Commission by the Department of
15 Natural Resources. Notwithstanding any other provision of
16 this Act, alcoholic liquor sold by a United States Army Corps
17 of Engineers or Department of Natural Resources
18 concessionaire who was operating on June 1, 1991 for
19 on-premises consumption only is not subject to the provisions
20 of Articles IV and IX. Beer and wine may be sold on the
21 premises of the Joliet Park District Stadium owned by the
22 Joliet Park District when written consent to the issuance of
23 a license to sell beer and wine in such premises is filed
24 with the local liquor commissioner by the Joliet Park
25 District. Beer and wine may be sold in buildings on the
26 grounds of State veterans' homes when written consent to the
27 issuance of a license to sell beer and wine in such buildings
28 is filed with the Commission by the Department of Veterans'
29 Affairs, and the facility shall provide dram shop liability
30 in maximum insurance coverage limits so as to save the
31 facility harmless from all financial loss, damage or harm.
32 Such liquors may be delivered to and sold at any property
33 owned or held under lease by a Metropolitan Pier and
34 Exposition Authority or Metropolitan Exposition and
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1 Auditorium Authority.
2 Beer and wine may be sold and dispensed at professional
3 sporting events and at professional concerts and other
4 entertainment events conducted on premises owned by the
5 Forest Preserve District of Kane County, subject to the
6 control of the District Commissioners and applicable local
7 law, provided that dram shop liability insurance is provided
8 at maximum coverage limits so as to hold the District
9 harmless from all financial loss, damage and harm.
10 Nothing in this Section shall preclude the sale or
11 delivery of beer and wine at a State or county fair or the
12 sale or delivery of beer or wine at a city fair in any
13 otherwise lawful manner.
14 Alcoholic liquors may be sold at retail in buildings in
15 State parks under the control of the Department of Natural
16 Resources, provided:
17 a. the State park has overnight lodging facilities
18 with some restaurant facilities or, not having overnight
19 lodging facilities, has restaurant facilities which serve
20 complete luncheon and dinner or supper meals,
21 b. consent to the issuance of a license to sell
22 alcoholic liquors in the buildings has been filed with
23 the commission by the Department of Natural Resources,
24 and
25 c. the alcoholic liquors are sold by the State park
26 lodge or restaurant concessionaire only during the hours
27 from 11 o'clock a.m. until 12 o'clock midnight.
28 Notwithstanding any other provision of this Act,
29 alcoholic liquor sold by the State park or restaurant
30 concessionaire is not subject to the provisions of
31 Articles IV and IX.
32 Alcoholic liquors may be sold at retail in buildings on
33 properties under the control of the Historic Preservation
34 Agency provided:
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1 a. the property has overnight lodging facilities
2 with some restaurant facilities or, not having overnight
3 lodging facilities, has restaurant facilities which serve
4 complete luncheon and dinner or supper meals,
5 b. consent to the issuance of a license to sell
6 alcoholic liquors in the buildings has been filed with
7 the commission by the Historic Preservation Agency, and
8 c. the alcoholic liquors are sold by the lodge or
9 restaurant concessionaire only during the hours from 11
10 o'clock a.m. until 12 o'clock midnight.
11 The sale of alcoholic liquors pursuant to this Section
12 does not authorize the establishment and operation of
13 facilities commonly called taverns, saloons, bars, cocktail
14 lounges, and the like except as a part of lodge and
15 restaurant facilities in State parks or golf courses owned by
16 Forest Preserve Districts with a population of less than
17 3,000,000 or municipalities or park districts.
18 Alcoholic liquors may be sold at retail in the
19 Springfield Administration Building of the Department of
20 Transportation and the Illinois State Armory in Springfield;
21 provided, that the controlling government authority may
22 consent to such sales only if
23 a. the request is from a not-for-profit
24 organization;
25 b. such sales would not impede normal operations of
26 the departments involved;
27 c. the not-for-profit organization provides dram
28 shop liability in maximum insurance coverage limits and
29 agrees to defend, save harmless and indemnify the State
30 of Illinois from all financial loss, damage or harm;
31 d. no such sale shall be made during normal working
32 hours of the State of Illinois; and
33 e. the consent is in writing.
34 Alcoholic liquors may be sold at retail in buildings in
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1 recreational areas of river conservancy districts under the
2 control of, or leased from, the river conservancy districts.
3 Such sales are subject to reasonable local regulations as
4 provided in Article IV; however, no such regulations may
5 prohibit or substantially impair the sale of alcoholic
6 liquors on Sundays or Holidays.
7 Alcoholic liquors may be provided in long term care
8 facilities owned or operated by a county under Division 5-21
9 or 5-22 of the Counties Code, when approved by the facility
10 operator and not in conflict with the regulations of the
11 Illinois Department of Public Health, to residents of the
12 facility who have had their consumption of the alcoholic
13 liquors provided approved in writing by a physician licensed
14 to practice medicine in all its branches.
15 Alcoholic liquors may be delivered to and dispensed in
16 State housing assigned to employees of the Department of
17 Corrections. No person shall furnish or allow to be furnished
18 any alcoholic liquors to any prisoner confined in any jail,
19 reformatory, prison or house of correction except upon a
20 physician's prescription for medicinal purposes.
21 Alcoholic liquors may be sold at retail or dispensed at
22 the Willard Ice Building in Springfield, at the State Library
23 in Springfield, and at Illinois State Museum facilities by
24 (1) an agency of the State, whether legislative, judicial or
25 executive, provided that such agency first obtains written
26 permission to sell or dispense alcoholic liquors from the
27 controlling government authority, or by (2) a not-for-profit
28 organization, provided that such organization:
29 a. Obtains written consent from the controlling
30 government authority;
31 b. Sells or dispenses the alcoholic liquors in a
32 manner that does not impair normal operations of State
33 offices located in the building;
34 c. Sells or dispenses alcoholic liquors only in
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1 connection with an official activity in the building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and
4 in which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing
7 of alcoholic liquors.
8 Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the
10 services of a catering establishment for the selling or
11 dispensing of alcoholic liquors at authorized functions.
12 The controlling government authority for the Willard Ice
13 Building in Springfield shall be the Director of the
14 Department of Revenue. The controlling government authority
15 for Illinois State Museum facilities shall be the Director of
16 the Illinois State Museum. The controlling government
17 authority for the State Library in Springfield shall be the
18 Secretary of State.
19 Alcoholic liquors may be delivered to and sold at retail
20 or dispensed at any facility, property or building under the
21 jurisdiction of the Historic Preservation Agency where the
22 delivery, sale or dispensing is by (1) an agency of the
23 State, whether legislative, judicial or executive, provided
24 that such agency first obtains written permission to sell or
25 dispense alcoholic liquors from a controlling government
26 authority, or by (2) a not-for-profit organization provided
27 that such organization:
28 a. Obtains written consent from the controlling
29 government authority;
30 b. Sells or dispenses the alcoholic liquors in a
31 manner that does not impair normal workings of State
32 offices or operations located at the facility, property
33 or building;
34 c. Sells or dispenses alcoholic liquors only in
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1 connection with an official activity of the
2 not-for-profit organization in the facility, property or
3 building;
4 d. Provides, or its catering service provides, dram
5 shop liability insurance in maximum coverage limits and
6 in which the carrier agrees to defend, save harmless and
7 indemnify the State of Illinois from all financial loss,
8 damage or harm arising out of the selling or dispensing
9 of alcoholic liquors.
10 The controlling government authority for the Historic
11 Preservation Agency shall be the Director of the Historic
12 Preservation Agency.
13 Alcoholic liquors may be sold at retail or dispensed at
14 the James R. Thompson Center in Chicago and 222 South College
15 Street in Springfield, Illinois by (1) a commercial tenant or
16 subtenant conducting business on the premises under a lease
17 made pursuant to Section 67.24 of the Civil Administrative
18 Code of Illinois, provided that such tenant or subtenant who
19 sells or dispenses alcoholic liquors shall procure and
20 maintain dram shop liability insurance in maximum coverage
21 limits and in which the carrier agrees to defend, indemnify
22 and save harmless the State of Illinois from all financial
23 loss, damage or harm arising out of the sale or dispensing of
24 alcoholic liquors, or by (2) an agency of the State, whether
25 legislative, judicial or executive, provided that such agency
26 first obtains written permission to sell or dispense
27 alcoholic liquors from the Director of Central Management
28 Services, or by (3) a not-for-profit organization, provided
29 that such organization:
30 a. Obtains written consent from the Department of
31 Central Management Services;
32 b. Sells or dispenses the alcoholic liquors in a
33 manner that does not impair normal operations of State
34 offices located in the building;
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1 c. Sells or dispenses alcoholic liquors only in
2 connection with an official activity in the building;
3 d. Provides, or its catering service provides, dram
4 shop liability insurance in maximum coverage limits and
5 in which the carrier agrees to defend, save harmless and
6 indemnify the State of Illinois from all financial loss,
7 damage or harm arising out of the selling or dispensing
8 of alcoholic liquors.
9 Nothing in this Act shall prevent a not-for-profit
10 organization or agency of the State from employing the
11 services of a catering establishment for the selling or
12 dispensing of alcoholic liquors at functions authorized by
13 the Director of Central Management Services.
14 Alcoholic liquors may be sold or delivered at any
15 facility owned by the Illinois Sports Facilities Authority
16 provided that dram shop liability insurance has been made
17 available in a form, with such coverage and in such amounts
18 as the Authority reasonably determines is necessary.
19 Alcoholic liquors may be sold at retail or dispensed at
20 the Rockford State Office Building by (1) an agency of the
21 State, whether legislative, judicial or executive, provided
22 that such agency first obtains written permission to sell or
23 dispense alcoholic liquors from the Department of Central
24 Management Services, or by (2) a not-for-profit organization,
25 provided that such organization:
26 a. Obtains written consent from the Department of
27 Central Management Services;
28 b. Sells or dispenses the alcoholic liquors in a
29 manner that does not impair normal operations of State
30 offices located in the building;
31 c. Sells or dispenses alcoholic liquors only in
32 connection with an official activity in the building;
33 d. Provides, or its catering service provides, dram
34 shop liability insurance in maximum coverage limits and
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1 in which the carrier agrees to defend, save harmless and
2 indemnify the State of Illinois from all financial loss,
3 damage or harm arising out of the selling or dispensing
4 of alcoholic liquors.
5 Nothing in this Act shall prevent a not-for-profit
6 organization or agency of the State from employing the
7 services of a catering establishment for the selling or
8 dispensing of alcoholic liquors at functions authorized by
9 the Department of Central Management Services.
10 Alcoholic liquors may be sold or delivered in a building
11 that is owned by McLean County, situated on land owned by the
12 county in the City of Bloomington, and used by the McLean
13 County Historical Society if the sale or delivery is approved
14 by an ordinance adopted by the county board, and the
15 municipality in which the building is located may not
16 prohibit that sale or delivery, notwithstanding any other
17 provision of this Section. The regulation of the sale and
18 delivery of alcoholic liquor in a building that is owned by
19 McLean County, situated on land owned by the county, and used
20 by the McLean County Historical Society as provided in this
21 paragraph is an exclusive power and function of the State and
22 is a denial and limitation under Article VII, Section 6,
23 subsection (h) of the Illinois Constitution of the power of a
24 home rule municipality to regulate that sale and delivery.
25 Alcoholic liquors may be sold or delivered in any
26 building situated on land held in trust for any school
27 district organized under Article 34 of the School Code, if
28 the building is not used for school purposes and if the sale
29 or delivery is approved by the board of education.
30 Alcoholic liquors may be sold or delivered in buildings
31 owned by the Community Building Complex Committee of Boone
32 County, Illinois if the person or facility selling or
33 dispensing the alcoholic liquor has provided dram shop
34 liability insurance with coverage and in amounts that the
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1 Committee reasonably determines are necessary.
2 Alcoholic liquors may be sold or delivered in the
3 building located at 1200 Centerville Avenue in Belleville,
4 Illinois and occupied by either the Belleville Area Special
5 Education District or the Belleville Area Special Services
6 Cooperative.
7 (Source: P.A. 88-652, eff. 9-16-94; 89-34, eff. 6-23-95;
8 89-262, eff. 8-10-95; 89-376, eff. 8-18-95; 89-445, eff.
9 2-7-96; 89-502, eff. 6-28-96; 89-544, eff. 7-19-96; 89-626,
10 eff. 8-9-96; revised 8-19-96.)
11 Section 2-190. The Illinois Public Aid Code is amended
12 by changing Sections 5-5, 5-16.3, 11-9, and 14-8 as follows:
13 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
14 Sec. 5-5. Medical services. The Illinois Department, by
15 rule, shall determine the quantity and quality of and the
16 rate of reimbursement for the medical assistance for which
17 payment will be authorized, and the medical services to be
18 provided, which may include all or part of the following: (1)
19 inpatient hospital services; (2) outpatient hospital
20 services; (3) other laboratory and X-ray services; (4)
21 skilled nursing home services; (5) physicians' services
22 whether furnished in the office, the patient's home, a
23 hospital, a skilled nursing home, or elsewhere; (6) medical
24 care, or any other type of remedial care furnished by
25 licensed practitioners; (7) home health care services; (8)
26 private duty nursing service; (9) clinic services; (10)
27 dental services; (11) physical therapy and related services;
28 (12) prescribed drugs, dentures, and prosthetic devices; and
29 eyeglasses prescribed by a physician skilled in the diseases
30 of the eye, or by an optometrist, whichever the person may
31 select; (13) other diagnostic, screening, preventive, and
32 rehabilitative services; (14) transportation and such other
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1 expenses as may be necessary; (15) medical treatment of
2 sexual assault survivors, as defined in Section 1a of the
3 Sexual Assault Survivors Emergency Treatment Act, for
4 injuries sustained as a result of the sexual assault,
5 including examinations and laboratory tests to discover
6 evidence which may be used in criminal proceedings arising
7 from the sexual assault; (16) the diagnosis and treatment of
8 sickle cell anemia; and (17) any other medical care, and any
9 other type of remedial care recognized under the laws of this
10 State, but not including abortions, or induced miscarriages
11 or premature births, unless, in the opinion of a physician,
12 such procedures are necessary for the preservation of the
13 life of the woman seeking such treatment, or except an
14 induced premature birth intended to produce a live viable
15 child and such procedure is necessary for the health of the
16 mother or her unborn child. The Illinois Department, by rule,
17 shall prohibit any physician from providing medical
18 assistance to anyone eligible therefor under this Code where
19 such physician has been found guilty of performing an
20 abortion procedure in a wilful and wanton manner upon a woman
21 who was not pregnant at the time such abortion procedure was
22 performed. The term "any other type of remedial care" shall
23 include nursing care and nursing home service for persons who
24 rely on treatment by spiritual means alone through prayer for
25 healing.
26 The Illinois Department of Public Aid shall provide the
27 following services to persons eligible for assistance under
28 this Article who are participating in education, training or
29 employment programs operated by the Department of Human
30 Services as successor to the Department of Public Aid:
31 (1) dental services, which shall include but not be
32 limited to prosthodontics; and
33 (2) eyeglasses prescribed by a physician skilled in
34 the diseases of the eye, or by an optometrist, whichever
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1 the person may select.
2 The Illinois Department, by rule, may distinguish and
3 classify the medical services to be provided only in
4 accordance with the classes of persons designated in Section
5 5-2.
6 The Illinois Department shall authorize the provision of,
7 and shall authorize payment for, screening by low-dose
8 mammography for the presence of occult breast cancer for
9 women 35 years of age or older who are eligible for medical
10 assistance under this Article, as follows: a baseline
11 mammogram for women 35 to 39 years of age; a mammogram every
12 1 to 2 years, even if no symptoms are present, for women 40
13 to 49 years of age; and an annual mammogram for women 50
14 years of age or older. All screenings shall include a
15 physical breast exam, instruction on self-examination and
16 information regarding the frequency of self-examination and
17 its value as a preventative tool. As used in this Section,
18 "low-dose mammography" means the x-ray examination of the
19 breast using equipment dedicated specifically for
20 mammography, including the x-ray tube, filter, compression
21 device, image receptor, and cassettes, with an average
22 radiation exposure delivery of less than one rad mid-breast,
23 with 2 views for each breast.
24 Any medical or health care provider shall immediately
25 recommend, to any pregnant woman who is being provided
26 prenatal services and is suspected of drug abuse or is
27 addicted as defined in the Alcoholism and Other Drug Abuse
28 and Dependency Act, referral to a local substance abuse
29 treatment provider licensed by the Department of Human
30 Services or to a licensed hospital which provides substance
31 abuse treatment services. The Department of Public Aid shall
32 assure coverage for the cost of treatment of the drug abuse
33 or addiction for pregnant recipients in accordance with the
34 Illinois Medicaid Program in conjunction with the Department
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1 of Human Services.
2 All medical providers providing medical assistance to
3 pregnant women under this Code shall receive information from
4 the Department on the availability of services under the Drug
5 Free Families with a Future or any comparable program
6 providing case management services for addicted women,
7 including information on appropriate referrals for other
8 social services that may be needed by addicted women in
9 addition to treatment for addiction.
10 The Illinois Department, in cooperation with the
11 Departments of Human Services (as successor to the Department
12 of Alcoholism and Substance Abuse) and Public Health, through
13 a public awareness campaign, may provide information
14 concerning treatment for alcoholism and drug abuse and
15 addiction, prenatal health care, and other pertinent programs
16 directed at reducing the number of drug-affected infants born
17 to recipients of medical assistance.
18 Neither the Illinois Department of Public Aid nor the
19 Department of Human Services shall sanction the recipient
20 solely on the basis of her substance abuse.
21 The Illinois Department shall establish such regulations
22 governing the dispensing of health services under this
23 Article as it shall deem appropriate. In formulating these
24 regulations the Illinois Department shall consult with and
25 give substantial weight to the recommendations offered by the
26 Citizens Assembly/Council on Public Aid. The Department
27 should seek the advice of formal professional advisory
28 committees appointed by the Director of the Illinois
29 Department for the purpose of providing regular advice on
30 policy and administrative matters, information dissemination
31 and educational activities for medical and health care
32 providers, and consistency in procedures to the Illinois
33 Department.
34 The Illinois Department may develop and contract with
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1 Partnerships of medical providers to arrange medical services
2 for persons eligible under Section 5-2 of this Code.
3 Implementation of this Section may be by demonstration
4 projects in certain geographic areas. The Partnership shall
5 be represented by a sponsor organization. The Department, by
6 rule, shall develop qualifications for sponsors of
7 Partnerships. Nothing in this Section shall be construed to
8 require that the sponsor organization be a medical
9 organization.
10 The sponsor must negotiate formal written contracts with
11 medical providers for physician services, inpatient and
12 outpatient hospital care, home health services, treatment for
13 alcoholism and substance abuse, and other services determined
14 necessary by the Illinois Department by rule for delivery by
15 Partnerships. Physician services must include prenatal and
16 obstetrical care. The Illinois Department shall reimburse
17 medical services delivered by Partnership providers to
18 clients in target areas according to provisions of this
19 Article and the Illinois Health Finance Reform Act, except
20 that:
21 (1) Physicians participating in a Partnership and
22 providing certain services, which shall be determined by
23 the Illinois Department, to persons in areas covered by
24 the Partnership may receive an additional surcharge for
25 such services.
26 (2) The Department may elect to consider and
27 negotiate financial incentives to encourage the
28 development of Partnerships and the efficient delivery of
29 medical care.
30 (3) Persons receiving medical services through
31 Partnerships may receive medical and case management
32 services above the level usually offered through the
33 medical assistance program.
34 Medical providers shall be required to meet certain
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1 qualifications to participate in Partnerships to ensure the
2 delivery of high quality medical services. These
3 qualifications shall be determined by rule of the Illinois
4 Department and may be higher than qualifications for
5 participation in the medical assistance program. Partnership
6 sponsors may prescribe reasonable additional qualifications
7 for participation by medical providers, only with the prior
8 written approval of the Illinois Department.
9 Nothing in this Section shall limit the free choice of
10 practitioners, hospitals, and other providers of medical
11 services by clients.
12 The Department shall apply for a waiver from the United
13 States Health Care Financing Administration to allow for the
14 implementation of Partnerships under this Section.
15 The Illinois Department shall require health care
16 providers to maintain records that document the medical care
17 and services provided to recipients of Medical Assistance
18 under this Article. The Illinois Department shall require
19 health care providers to make available, when authorized by
20 the patient, in writing, the medical records in a timely
21 fashion to other health care providers who are treating or
22 serving persons eligible for Medical Assistance under this
23 Article. All dispensers of medical services shall be
24 required to maintain and retain business and professional
25 records sufficient to fully and accurately document the
26 nature, scope, details and receipt of the health care
27 provided to persons eligible for medical assistance under
28 this Code, in accordance with regulations promulgated by the
29 Illinois Department. The rules and regulations shall require
30 that proof of the receipt of prescription drugs, dentures,
31 prosthetic devices and eyeglasses by eligible persons under
32 this Section accompany each claim for reimbursement submitted
33 by the dispenser of such medical services. No such claims for
34 reimbursement shall be approved for payment by the Illinois
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1 Department without such proof of receipt, unless the Illinois
2 Department shall have put into effect and shall be operating
3 a system of post-payment audit and review which shall, on a
4 sampling basis, be deemed adequate by the Illinois Department
5 to assure that such drugs, dentures, prosthetic devices and
6 eyeglasses for which payment is being made are actually being
7 received by eligible recipients. Within 90 days after the
8 effective date of this amendatory Act of 1984, the Illinois
9 Department shall establish a current list of acquisition
10 costs for all prosthetic devices and any other items
11 recognized as medical equipment and supplies reimbursable
12 under this Article and shall update such list on a quarterly
13 basis, except that the acquisition costs of all prescription
14 drugs shall be updated no less frequently than every 30 days
15 as required by Section 5-5.12.
16 The rules and regulations of the Illinois Department
17 shall require that a written statement including the required
18 opinion of a physician shall accompany any claim for
19 reimbursement for abortions, or induced miscarriages or
20 premature births. This statement shall indicate what
21 procedures were used in providing such medical services.
22 The Illinois Department shall require that all dispensers
23 of medical services, other than an individual practitioner or
24 group of practitioners, desiring to participate in the
25 Medical Assistance program established under this Article to
26 disclose all financial, beneficial, ownership, equity, surety
27 or other interests in any and all firms, corporations,
28 partnerships, associations, business enterprises, joint
29 ventures, agencies, institutions or other legal entities
30 providing any form of health care services in this State
31 under this Article.
32 The Illinois Department may require that all dispensers
33 of medical services desiring to participate in the medical
34 assistance program established under this Article disclose,
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1 under such terms and conditions as the Illinois Department
2 may by rule establish, all inquiries from clients and
3 attorneys regarding medical bills paid by the Illinois
4 Department, which inquiries could indicate potential
5 existence of claims or liens for the Illinois Department.
6 The Illinois Department shall establish policies,
7 procedures, standards and criteria by rule for the
8 acquisition, repair and replacement of orthotic and
9 prosthetic devices and durable medical equipment. Such rules
10 shall provide, but not be limited to, the following services:
11 (1) immediate repair or replacement of such devices by
12 recipients without medical authorization; and (2) rental,
13 lease, purchase or lease-purchase of durable medical
14 equipment in a cost-effective manner, taking into
15 consideration the recipient's medical prognosis, the extent
16 of the recipient's needs, and the requirements and costs for
17 maintaining such equipment. Such rules shall enable a
18 recipient to temporarily acquire and use alternative or
19 substitute devices or equipment pending repairs or
20 replacements of any device or equipment previously authorized
21 for such recipient by the Department. Rules under clause (2)
22 above shall not provide for purchase or lease-purchase of
23 durable medical equipment or supplies used for the purpose of
24 oxygen delivery and respiratory care.
25 The Department shall execute, relative to the nursing
26 home prescreening project, written inter-agency agreements
27 with the Department of Human Services and the Department on
28 Aging, to effect the following: (i) intake procedures and
29 common eligibility criteria for those persons who are
30 receiving non-institutional services; and (ii) the
31 establishment and development of non-institutional services
32 in areas of the State where they are not currently available
33 or are undeveloped.
34 The Illinois Department shall develop and operate, in
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1 cooperation with other State Departments and agencies and in
2 compliance with applicable federal laws and regulations,
3 appropriate and effective systems of health care evaluation
4 and programs for monitoring of utilization of health care
5 services and facilities, as it affects persons eligible for
6 medical assistance under this Code. The Illinois Department
7 shall report regularly the results of the operation of such
8 systems and programs to the Citizens Assembly/Council on
9 Public Aid to enable the Committee to ensure, from time to
10 time, that these programs are effective and meaningful.
11 The Illinois Department shall report annually to the
12 General Assembly, no later than the second Friday in April of
13 1979 and each year thereafter, in regard to:
14 (a) actual statistics and trends in utilization of
15 medical services by public aid recipients;
16 (b) actual statistics and trends in the provision
17 of the various medical services by medical vendors;
18 (c) current rate structures and proposed changes in
19 those rate structures for the various medical vendors;
20 and
21 (d) efforts at utilization review and control by
22 the Illinois Department.
23 The period covered by each report shall be the 3 years
24 ending on the June 30 prior to the report. The report shall
25 include suggested legislation for consideration by the
26 General Assembly. The filing of one copy of the report with
27 the Speaker, one copy with the Minority Leader and one copy
28 with the Clerk of the House of Representatives,