State of Illinois
91st General Assembly
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91_HB0895enr

 
HB0895 Enrolled                                LRB9103346PTpk

 1        AN  ACT to amend the Intergovernmental Cooperation Act by
 2    changing Sections 3, 5, and 9.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Intergovernmental  Cooperation  Act is
 6    amended by changing Sections 3, 5, and 9 as follows:

 7        (5 ILCS 220/3) (from Ch. 127, par. 743)
 8        Sec. 3.  Intergovernmental  cooperation  agreements.  Any
 9    power   or   powers,   privileges,  functions,  or  authority
10    exercised or which may be exercised by  a  public  agency  of
11    this  State  may  be  exercised,  combined,  transferred, and
12    enjoyed jointly with any other public agency  of  this  State
13    and  jointly  with any public agency of any other state or of
14    the United States to the extent that laws of such other state
15    or of the United States do not  prohibit  joint  exercise  or
16    enjoyment   and   except  where  specifically  and  expressly
17    prohibited by law. This includes, but is not limited to,  (i)
18    arrangements   between   the   Illinois   Student  Assistance
19    Commission  and  agencies  in  other   states   which   issue
20    professional   licenses   and  (ii)  agreements  between  the
21    Illinois Department of Public Aid and public agencies for the
22    establishment and enforcement of child support orders and for
23    the exchange of information that may  be  necessary  for  the
24    enforcement of those child support orders.
25    (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)

26        (5 ILCS 220/5) (from Ch. 127, par. 745)
27        Sec.  5.  Intergovernmental  contracts.   Any one or more
28    public agencies may contract  with  any  one  or  more  other
29    public agencies to perform any governmental service, activity
30    or  undertaking  or  to  combine,  transfer,  or exercise any
 
HB0895 Enrolled             -2-                LRB9103346PTpk
 1    powers, functions, privileges, or authority which any of  the
 2    public  agencies  entering into the contract is authorized by
 3    law to perform, provided that such contract shall be approved
 4     authorized by the governing bodies body of each party to the
 5    contract  and  except  where   specifically   and   expressly
 6    prohibited  by  law.  Such contract shall set forth fully the
 7    purposes, powers, rights, objectives and responsibilities  of
 8    the contracting parties.
 9    (Source: P.A. 78-785.)

10        (5 ILCS 220/9) (from Ch. 127, par. 749)
11        Sec.  9. County participation. Any county may participate
12    in   an   intergovernmental   agreement   under   this    Act
13    notwithstanding the absence of specific authority under State
14    law  to perform the action service involved provided that the
15    unit of local government  contracting  with  the  county  has
16    authority to perform the action service. The authority of the
17    county  shall  be  limited  to  the territorial limits of the
18    local governmental unit with which the county  contracts.  In
19    the  case  of an intergovernmental agreement between a county
20    and a municipality, however, the agreement may  provide  that
21    the  county  may  perform  an  action  within the territorial
22    limits of the municipality, within the  contiguous  territory
23    not  more  than  one  and one-half miles beyond the corporate
24    limits and not included in any municipality, or within both.
25    (Source: P.A. 81-1121.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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