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91_SB0745eng SB745 Engrossed LRB9101253EGfg 1 AN ACT to revise the law by combining multiple enactments 2 and making technical corrections. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Nature of this Act. 6 (a) This Act may be cited as the First 1999 General 7 Revisory Act. 8 (b) This Act is not intended to make any substantive 9 change in the law. It reconciles conflicts that have arisen 10 from multiple amendments and enactments and makes technical 11 corrections and revisions in the law. 12 This Act revises and, where appropriate, renumbers 13 certain Sections that have been added or amended by more than 14 one Public Act. In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law. This Act also corrects errors, revises 18 cross-references, and deletes obsolete text. 19 (c) In this Act, the reference at the end of each 20 amended Section indicates the sources in the Session Laws of 21 Illinois that were used in the preparation of the text of 22 that Section. The text of the Section included in this Act 23 is intended to include the different versions of the Section 24 found in the Public Acts included in the list of sources, but 25 may not include other versions of the Section to be found in 26 Public Acts not included in the list of sources. The list of 27 sources is not a part of the text of the Section. 28 (d) Public Acts 90-567 through 90-810 were considered in 29 the preparation of the combining revisories included in this 30 Act. Many of those combining revisories contain no striking 31 or underscoring because no additional changes are being made 32 in the material that is being combined. SB745 Engrossed -2- LRB9101253EGfg 1 Section 5. The Regulatory Sunset Act is amended by 2 changing Section 4.18 as follows: 3 (5 ILCS 80/4.18) 4 Sec. 4.18. Acts repealed January 1, 2008. The following 5 Acts are repealed on January 1, 2008: 6 The Acupuncture Practice Act. 7 The Clinical Social Work and Social Work Practice Act. 8 The Home Medical Equipment and Services Provider License 9 Act. 10 TheIllinoisNursing and Advanced Practice Nursing Actof111987. 12 The Illinois Petroleum Education and Marketing Act. 13 The Illinois Speech-Language Pathology and Audiology 14 Practice Act. 15 The Marriage and Family Therapy Licensing Act. 16 The Nursing Home Administrators Licensing and 17 Disciplinary Act. 18 The Pharmacy Practice Act of 1987. 19 The Physician Assistant Practice Act of 1987. 20 The Podiatric Medical Practice Act of 1987. 21 The Real Estate Appraiser Licensing Act. 22 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97; 23 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff. 24 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; 90-571, 25 eff. 7-1-98; incorporates 90-614, eff. 7-10-98; 90-655, eff 26 7-30-98; revised 9-23-98.) 27 (5 ILCS 80/4.19 rep.) 28 Section 5.1. The Regulatory Sunset Act is amended by 29 repealing Section 4.19 as added by Public Act 90-614. 30 Section 6. The Illinois Administrative Procedure Act is 31 amended by changing Sections 5-45 and 5-100 as follows: SB745 Engrossed -3- LRB9101253EGfg 1 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) 2 Sec. 5-45. Emergency rulemaking. 3 (a) "Emergency" means the existence of any situation 4 that any agency finds reasonably constitutes a threat to the 5 public interest, safety, or welfare. 6 (b) If any agency finds that an emergency exists that 7 requires adoption of a rule upon fewer days than is required 8 by Section 5-40 and states in writing its reasons for that 9 finding, the agency may adopt an emergency rule without prior 10 notice or hearing upon filing a notice of emergency 11 rulemaking with the Secretary of State under Section 5-70. 12 The notice shall include the text of the emergency rule and 13 shall be published in the Illinois Register. Consent orders 14 or other court orders adopting settlements negotiated by an 15 agency may be adopted under this Section. Subject to 16 applicable constitutional or statutory provisions, an 17 emergency rule becomes effective immediately upon filing 18 under Section 5-65 or at a stated date less than 10 days 19 thereafter. The agency's finding and a statement of the 20 specific reasons for the finding shall be filed with the 21 rule. The agency shall take reasonable and appropriate 22 measures to make emergency rules known to the persons who may 23 be affected by them. 24 (c) An emergency rule may be effective for a period of 25 not longer than 150 days, but the agency's authority to adopt 26 an identical rule under Section 5-40 is not precluded. No 27 emergency rule may be adopted more than once in any 24 month 28 period, except that this limitation on the number of 29 emergency rules that may be adopted in a 24 month period does 30 not apply to (i) emergency rules that make additions to and 31 deletions from the Drug Manual under Section 5-5.16 of the 32 Illinois Public Aid Code or the generic drug formulary under 33 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or 34 (ii) emergency rules adopted by the Pollution Control Board SB745 Engrossed -4- LRB9101253EGfg 1 before July 1, 1997 to implement portions of the Livestock 2 Management Facilities Act. Two or more emergency rules 3 having substantially the same purpose and effect shall be 4 deemed to be a single rule for purposes of this Section. 5 (d) In order to provide for the expeditious and timely 6 implementation of the State's fiscal year 1999 budget, 7 emergency rules to implement any provision of Public Act 8 90-587 or 90-588this amendatory Act of 1998or any other 9 budget initiative for fiscal year 1999 may be adopted in 10 accordance with this Section by the agency charged with 11 administering that provision or initiative, except that the 12 24-month limitation on the adoption of emergency rules and 13 the provisions of Sections 5-115 and 5-125 do not apply to 14 rules adopted under this subsection (d). The adoption of 15 emergency rules authorized by this subsection (d) shall be 16 deemed to be necessary for the public interest, safety, and 17 welfare. 18 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97; 19 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.) 20 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80) 21 Sec. 5-80. Publication of rules. 22 (a) The Secretary of State shall, by rule, prescribe a 23 uniform system for the codification of rules. The Secretary 24 of State shall also, by rule, establish a schedule for 25 compliance with the uniform codification system. The 26 Secretary of State shall not adopt any codification system or 27 schedule under this subsection without the approval of the 28 Joint Committee on Administrative Rules. Approval by the 29 Joint Committee shall be conditioned solely upon establishing 30 that the proposed codification system and schedule are 31 compatible with existing electronic data processing equipment 32 and programs maintained by and for the General Assembly. 33 Nothing in this Section shall prohibit an agency from SB745 Engrossed -5- LRB9101253EGfg 1 adopting rules in compliance with the codification system 2 earlier than specified in the schedule. 3 (b) Each rule proposed in compliance with the 4 codification system shall be reviewed by the Secretary of 5 State before the expiration of the public notice period under 6 subsection (b) of Section 5-40. The Secretary of State shall 7 cooperate with agencies in the Secretary of State's review to 8 insure that the purposes of the codification system are 9 accomplished. The Secretary of State shall have the authority 10 to make changes in the numbering and location of the rule in 11 the codification scheme if those changes do not affect the 12 meaning of the rules. The Secretary of State may recommend 13 changes in the sectioning and headings proposed by the agency 14 and suggest grammatical and technical changes to correct 15 errors. The Secretary of State may add notes concerning the 16 statutory authority, dates proposed and adopted, and other 17 similar notes to the text of the rules, if the notes are not 18 supplied by the agency. This review by the Secretary of 19 State shall be for the purpose of insuring the uniformity of 20 and compliance with the codification system. The Secretary 21 of State shall prepare indexes by agency, subject matter, and 22 statutory authority and any other necessary indexes, tables, 23 and other aids for locating rules to assist the public in the 24 use of the Code. 25 (c) The Secretary of State shall make available to the 26 agency and the Joint Committee on Administrative Rules copies 27 of the changes in the numbering and location of the rule in 28 the codification scheme, the recommended changes in the 29 sectioning and headings, and the suggestions made concerning 30 the correction of grammatical and technical errors or other 31 suggested changes. The agency, in the notice required by 32 subsection (c) of Section 5-40, shall provide to the Joint 33 Committee a response to the recommendations of the Secretary 34 of State including any reasons for not adopting the SB745 Engrossed -6- LRB9101253EGfg 1 recommendations. 2 (d) If a reorganization of agencies, transfer of 3 functions between agencies, or abolishment of agencies by 4 executive order or law affects rules on file with the 5 Secretary of State, the Secretary of State shall notify the 6 Governor, the Attorney General, and the agencies involved of 7 the effects upon the rules on file. If the Governor or the 8 agencies involved do not respond to the Secretary of State's 9 notice within 45 days by instructing the Secretary of State 10 to delete or transfer the rules, the Secretary of State may 11 delete or place the rules under the appropriate agency for 12 the purpose of insuring the consistency of the codification 13 scheme and shall notify the Governor, the Attorney General, 14 and the agencies involved. 15 (e) (Blank). 16 (f) The Secretary of State shall ensure that the 17 Illinois Administrative Code is published and made available 18 to the public in a form that is updated at least annually. 19 The Code shall contain the complete text of all rules of all 20 State agencies filed with the Secretary's office and 21 effective on October 1, 1984, or later and the indexes, 22 tables, and other aids for locating rules prepared by the 23 Secretary of State. The Secretary of State shall design the 24 Illinois Register to supplement the Code. The Secretary of 25 State shall ensure that copies of the Illinois Register are 26 available to the public and governmental entities and 27 agencies. 28 If the Secretary of State determines that the Secretary's 29 office will publish and distribute either the Register or the 30 Code, the Secretary shall make copies available to the public 31 at a reasonable fee, established by the Secretary by rule, 32 and shall make copies available to governmental entities and 33 agencies at a price covering publication and mailing costs 34 only. SB745 Engrossed -7- LRB9101253EGfg 1 The Secretary of State shall make the electronically 2 stored database of the Illinois Register and the Code 3 available in accordance with this Section and Section 5.08 of 4 the Legislative Information System Act. 5 (g) The publication of a rule in the Code or in the 6 Illinois Register as an adopted rule shall establish a 7 rebuttable presumption that the rule was duly filed and that 8 the text of the rule as published in the Code is the text of 9 the rule as adopted. Publication of the text of a rule in any 10 other location whether by the agency or some other person 11 shall not be taken as establishing such a presumption. 12 Judicial or official notice shall be taken of the text of 13 each rule published in the Code or Register. 14 (h) The codification system, the indexes, tables, and 15 other aids for locating rules prepared by the Secretary of 16 State, notes, and other materials developed under this 17 Section in connection with the publication of the Illinois 18 Administrative Code and the Illinois Register shall be the 19 official compilations of the administrative rules of Illinois 20 and shall be entirely in the public domain for purposes of 21 federal copyright law. 22 (i) The Legislative Information System shall maintain on 23 its electronic data processing equipment the complete text of 24 the Illinois Register and Illinois Administrative Code 25 created in compliance with this Act. This electronic 26 information shall be made available for use in the 27 publication of the Illinois Register and Illinois 28 Administrative Code by the Secretary of State if the 29 Secretary determines that his office will publish these 30 materials as authorized by subsection (f). 31 (j) The Legislative Information System, upon 32 consultation with the Joint Committee on Administrative Rules 33 and the Secretary of State, shall make the electronically 34 stored database of the Illinois Register and the Illinois SB745 Engrossed -8- LRB9101253EGfg 1 Administrative Code available in an electronically stored 2 medium to those who request it. The Legislative Information 3 System shall establish and charge a reasonable fee for 4 providing the electronic information. Amounts received under 5 this Section shall be deposited into the General Assembly 6 Computer Equipment Revolving Fund. 7 (Source: P.A. 87-823; 88-535; revised 10-31-98.) 8 Section 7. The Freedom of Information Act is amended by 9 changing Section 7 as follows: 10 (5 ILCS 140/7) (from Ch. 116, par. 207) 11 Sec. 7. Exemptions. 12 (1) The following shall be exempt from inspection and 13 copying: 14 (a) Information specifically prohibited from 15 disclosure by federal or State law or rules and 16 regulations adopted under federal or State law. 17 (b) Information that, if disclosed, would 18 constitute a clearly unwarranted invasion of personal 19 privacy, unless the disclosure is consented to in writing 20 by the individual subjects of the information. The 21 disclosure of information that bears on the public duties 22 of public employees and officials shall not be considered 23 an invasion of personal privacy. Information exempted 24 under this subsection (b) shall include but is not 25 limited to: 26 (i) files and personal information maintained 27 with respect to clients, patients, residents, 28 students or other individuals receiving social, 29 medical, educational, vocational, financial, 30 supervisory or custodial care or services directly 31 or indirectly from federal agencies or public 32 bodies; SB745 Engrossed -9- LRB9101253EGfg 1 (ii) personnel files and personal information 2 maintained with respect to employees, appointees or 3 elected officials of any public body or applicants 4 for those positions; 5 (iii) files and personal information 6 maintained with respect to any applicant, registrant 7 or licensee by any public body cooperating with or 8 engaged in professional or occupational 9 registration, licensure or discipline; 10 (iv) information required of any taxpayer in 11 connection with the assessment or collection of any 12 tax unless disclosure is otherwise required by State 13 statute; and 14 (v) information revealing the identity of 15 persons who file complaints with or provide 16 information to administrative, investigative, law 17 enforcement or penal agencies; provided, however, 18 that identification of witnesses to traffic 19 accidents, traffic accident reports, and rescue 20 reports may be provided by agencies of local 21 government, except in a case for which a criminal 22 investigation is ongoing, without constituting a 23 clearly unwarranted per se invasion of personal 24 privacy under this subsection. 25 (c) Records compiled by any public body for 26 administrative enforcement proceedings and any law 27 enforcement or correctional agency for law enforcement 28 purposes or for internal matters of a public body, but 29 only to the extent that disclosure would: 30 (i) interfere with pending or actually and 31 reasonably contemplated law enforcement proceedings 32 conducted by any law enforcement or correctional 33 agency; 34 (ii) interfere with pending administrative SB745 Engrossed -10- LRB9101253EGfg 1 enforcement proceedings conducted by any public 2 body; 3 (iii) deprive a person of a fair trial or an 4 impartial hearing; 5 (iv) unavoidably disclose the identity of a 6 confidential source or confidential information 7 furnished only by the confidential source; 8 (v) disclose unique or specialized 9 investigative techniques other than those generally 10 used and known or disclose internal documents of 11 correctional agencies related to detection, 12 observation or investigation of incidents of crime 13 or misconduct; 14 (vi) constitute an invasion of personal 15 privacy under subsection (b) of this Section; 16 (vii) endanger the life or physical safety of 17 law enforcement personnel or any other person; or 18 (viii) obstruct an ongoing criminal 19 investigation. 20 (d) Criminal history record information maintained 21 by State or local criminal justice agencies, except the 22 following which shall be open for public inspection and 23 copying: 24 (i) chronologically maintained arrest 25 information, such as traditional arrest logs or 26 blotters; 27 (ii) the name of a person in the custody of a 28 law enforcement agency and the charges for which 29 that person is being held; 30 (iii) court records that are public; 31 (iv) records that are otherwise available 32 under State or local law; or 33 (v) records in which the requesting party is 34 the individual identified, except as provided under SB745 Engrossed -11- LRB9101253EGfg 1 part (vii) of paragraph (c) of subsection (1) of 2 this Section. 3 "Criminal history record information" means data 4 identifiable to an individual and consisting of 5 descriptions or notations of arrests, detentions, 6 indictments, informations, pre-trial proceedings, trials, 7 or other formal events in the criminal justice system or 8 descriptions or notations of criminal charges (including 9 criminal violations of local municipal ordinances) and 10 the nature of any disposition arising therefrom, 11 including sentencing, court or correctional supervision, 12 rehabilitation and release. The term does not apply to 13 statistical records and reports in which individuals are 14 not identified and from which their identities are not 15 ascertainable, or to information that is for criminal 16 investigative or intelligence purposes. 17 (e) Records that relate to or affect the security 18 of correctional institutions and detention facilities. 19 (f) Preliminary drafts, notes, recommendations, 20 memoranda and other records in which opinions are 21 expressed, or policies or actions are formulated, except 22 that a specific record or relevant portion of a record 23 shall not be exempt when the record is publicly cited and 24 identified by the head of the public body. The exemption 25 provided in this paragraph (f) extends to all those 26 records of officers and agencies of the General Assembly 27 that pertain to the preparation of legislative documents. 28 (g) Trade secrets and commercial or financial 29 information obtained from a person or business where the 30 trade secrets or information are proprietary, privileged 31 or confidential, or where disclosure of the trade secrets 32 or information may cause competitive harm, including all 33 information determined to be confidential under Section 34 4002 of the Technology Advancement and Development Act. SB745 Engrossed -12- LRB9101253EGfg 1 Nothing contained in this paragraph (g) shall be 2 construed to prevent a person or business from consenting 3 to disclosure. 4 (h) Proposals and bids for any contract, grant, or 5 agreement, including information which if it were 6 disclosed would frustrate procurement or give an 7 advantage to any person proposing to enter into a 8 contractor agreement with the body, until an award or 9 final selection is made. Information prepared by or for 10 the body in preparation of a bid solicitation shall be 11 exempt until an award or final selection is made. 12 (i) Valuable formulae, designs, drawings and 13 research data obtained or produced by any public body 14 when disclosure could reasonably be expected to produce 15 private gain or public loss. 16 (j) Test questions, scoring keys and other 17 examination data used to administer an academic 18 examination or determined the qualifications of an 19 applicant for a license or employment. 20 (k) Architects' plans and engineers' technical 21 submissions for projects not constructed or developed in 22 whole or in part with public funds and for projects 23 constructed or developed with public funds, to the extent 24 that disclosure would compromise security. 25 (l) Library circulation and order records 26 identifying library users with specific materials. 27 (m) Minutes of meetings of public bodies closed to 28 the public as provided in the Open Meetings Act until the 29 public body makes the minutes available to the public 30 under Section 2.06 of the Open Meetings Act. 31 (n) Communications between a public body and an 32 attorney or auditor representing the public body that 33 would not be subject to discovery in litigation, and 34 materials prepared or compiled by or for a public body in SB745 Engrossed -13- LRB9101253EGfg 1 anticipation of a criminal, civil or administrative 2 proceeding upon the request of an attorney advising the 3 public body, and materials prepared or compiled with 4 respect to internal audits of public bodies. 5 (o) Information received by a primary or secondary 6 school, college or university under its procedures for 7 the evaluation of faculty members by their academic 8 peers. 9 (p) Administrative or technical information 10 associated with automated data processing operations, 11 including but not limited to software, operating 12 protocols, computer program abstracts, file layouts, 13 source listings, object modules, load modules, user 14 guides, documentation pertaining to all logical and 15 physical design of computerized systems, employee 16 manuals, and any other information that, if disclosed, 17 would jeopardize the security of the system or its data 18 or the security of materials exempt under this Section. 19 (q) Documents or materials relating to collective 20 negotiating matters between public bodies and their 21 employees or representatives, except that any final 22 contract or agreement shall be subject to inspection and 23 copying. 24 (r) Drafts, notes, recommendations and memoranda 25 pertaining to the financing and marketing transactions of 26 the public body. The records of ownership, registration, 27 transfer, and exchange of municipal debt obligations, and 28 of persons to whom payment with respect to these 29 obligations is made. 30 (s) The records, documents and information relating 31 to real estate purchase negotiations until those 32 negotiations have been completed or otherwise terminated. 33 With regard to a parcel involved in a pending or actually 34 and reasonably contemplated eminent domain proceeding SB745 Engrossed -14- LRB9101253EGfg 1 under Article VII of the Code of Civil Procedure, 2 records, documents and information relating to that 3 parcel shall be exempt except as may be allowed under 4 discovery rules adopted by the Illinois Supreme Court. 5 The records, documents and information relating to a real 6 estate sale shall be exempt until a sale is consummated. 7 (t) Any and all proprietary information and records 8 related to the operation of an intergovernmental risk 9 management association or self-insurance pool or jointly 10 self-administered health and accident cooperative or 11 pool. 12 (u) Information concerning a university's 13 adjudication of student or employee grievance or 14 disciplinary cases, to the extent that disclosure would 15 reveal the identity of the student or employee and 16 information concerning any public body's adjudication of 17 student or employee grievances or disciplinary cases, 18 except for the final outcome of the cases. 19 (v) Course materials or research materials used by 20 faculty members. 21 (w) Information related solely to the internal 22 personnel rules and practices of a public body. 23 (x) Information contained in or related to 24 examination, operating, or condition reports prepared by, 25 on behalf of, or for the use of a public body responsible 26 for the regulation or supervision of financial 27 institutions or insurance companies, unless disclosure is 28 otherwise required by State law. 29 (y) Information the disclosure of which is 30 restricted under Section 5-108 of the Public Utilities 31 Act. 32 (z) Manuals or instruction to staff that relate to 33 establishment or collection of liability for any State 34 tax or that relate to investigations by a public body to SB745 Engrossed -15- LRB9101253EGfg 1 determine violation of any criminal law. 2 (aa) Applications, related documents, and medical 3 records received by the Experimental Organ 4 Transplantation Procedures Board and any and all 5 documents or other records prepared by the Experimental 6 Organ Transplantation Procedures Board or its staff 7 relating to applications it has received. 8 (bb) Insurance or self insurance (including any 9 intergovernmental risk management association or self 10 insurance pool) claims, loss or risk management 11 information, records, data, advice or communications. 12 (cc) Information and records held by the Department 13 of Public Health and its authorized representatives 14 relating to known or suspected cases of sexually 15 transmissible disease or any information the disclosure 16 of which is restricted under the Illinois Sexually 17 Transmissible Disease Control Act. 18 (dd) Information the disclosure of which is 19 exempted under Section 30 of the Radon Industry Licensing 20 Act. 21 (ee) Firm performance evaluations under Section 55 22 of the Architectural, Engineering, and Land Surveying 23 Qualifications Based Selection Act. 24 (ff) Security portions of system safety program 25 plans, investigation reports, surveys, schedules, lists, 26 data, or information compiled, collected, or prepared by 27 or for the Regional Transportation Authority under 28 Section 2.11 of the Regional Transportation Authority Act 29 or the State of Missouri under the Bi-State Transit 30 Safety Act. 31 (gg) Information the disclosure of which is 32 restricted and exempted under Section 50 of the Illinois 33 Prepaid Tuition Act. 34 (hh) Information the disclosure of which is SB745 Engrossed -16- LRB9101253EGfg 1 exempted under Section 80 of the State Gift Ban Act. 2 (ii) Beginning July 1, 1999,(hh)information that 3 would disclose or might lead to the disclosure of secret 4 or confidential information, codes, algorithms, programs, 5 or private keys intended to be used to create electronic 6 or digital signatures under the Electronic Commerce 7 Security Act. 8 (2) This Section does not authorize withholding of 9 information or limit the availability of records to the 10 public, except as stated in this Section or otherwise 11 provided in this Act. 12 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 13 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 14 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) 15 Section 8. The Illinois Notary Public Act is amended by 16 changing Sections 2-104 and 3-106 as follows: 17 (5 ILCS 312/2-104) (from Ch. 102, par. 202-104) 18 Sec. 2-104. Oath. Every applicant for appointment and 19 commission as a notary public shall take the following oath 20 in the presence of a person qualified to administer an oath 21 in this State: 22 "I, (name of applicant), solemnly affirm, under the 23 penalty of perjury, that the answers to all questions in this 24 application are true, complete, and correct; that I have 25 carefully read the notary law of this State; and that, if 26 appointed and commissioned as a notary public, I will perform 27 faithfully, to the best of my ability, all notarial acts in 28 accordance with the law. 29 ................. (Signature of applicant) 30 Subscribed and affirmed before me on (insert date).this31____ day of ____, 19__.32 ................... (Official signature and official seal SB745 Engrossed -17- LRB9101253EGfg 1 of notary)". 2 (Source: P.A. 84-322; revised 10-20-98.) 3 (5 ILCS 312/3-106) (from Ch. 102, par. 203-106) 4 Sec. 3-106. Certificate of Authority. Upon the receipt 5 of a written request, the notarized document, and a fee of $2 6 payable to the Secretary of State or County Clerk, the Office 7 of the Secretary of State or County Clerk shall provide a 8 certificate of authority in substantially the following form: 9 I ............... (Secretary of State or ......... County 10 Clerk) of the State of Illinois, which office is an office of 11 record having a seal, certify that ........ (notary's name), 12 by whom the foregoing or annexed document was notarized, was, 13 on (insert date),the ____ day of ____, 19__,appointed and 14 commissioned a notary public in and for the State of Illinois 15 and that as such, full faith and credit is and ought to be 16 given to this notary's official attestations. In testimony 17 whereof, I have affixed my signature and the seal of this 18 office on (insert date).this ____ day of ____, 19__.19 ................................................ 20 (Secretary of State or ...... County Clerk). 21 (Source: P.A. 84-322; revised 10-20-98.) 22 Section 9. The Voluntary Payroll Deductions Act of 1983 23 is amended by changing Sections 3 and 7 as follows: 24 (5 ILCS 340/3) (from Ch. 15, par. 503) 25 Sec. 3. Definitions. As used in this Act unless the 26 context otherwise requires: 27 (a) "Employee" means any regular officer or employee who 28 receives salary or wages for personal services rendered to 29 the State of Illinois. 30 (b) "Qualified organization" means an organization 31 representing one or more benefiting agencies, which SB745 Engrossed -18- LRB9101253EGfg 1 organization is designated by the State Comptroller as 2 qualified to receive payroll deductions under this Act. An 3 organization desiring to be designated as a qualified 4 organization shall: 5 (1) Submit written designations on forms approved 6 by the State Comptroller by 4,000 or more employees, in 7 which such employees indicate that the organization is 8 one for which the employee intends to authorize 9 withholding. The forms shall require the name, social 10 security number, and employing State agency for each 11 employee. Upon notification by the Comptroller that such 12 forms have been approved, the organization shall, within 13 30 days, notify in writing the Governor or his designee 14 of its intention to obtain the required number of 15 designations. Such organization shall have 12 months 16 from that date, to obtain the necessary designations. The 17 signed forms and signatures on the forms shall be subject 18 to verification by the State Comptroller; 19 (2) Certify that all benefiting agencies are tax 20 exempt under Section 501(c)(3) of the Internal Revenue 21 Code; 22 (3) Certify that all benefiting agencies are in 23 compliance with the Illinois Human Rights Act; 24 (4) Certify that all benefiting agencies are in 25 compliance with the Charitable Trust Act and the 26 Solicitation for Charity Act; 27 (5) Certify that all benefiting agencies actively 28 conduct health or welfare programs and provide services 29 to individuals directed at one or more of the following 30 common human needs within a community: service, research, 31 and education in the health fields; family and child care 32 services; protective services for children and adults; 33 services for children and adults in foster care; services 34 related to the management and maintenance of the home; SB745 Engrossed -19- LRB9101253EGfg 1 day care services for adults; transportation services; 2 information, referral and counseling services; services 3 to eliminate illiteracy; the preparation and delivery of 4 meals; adoption services; emergency shelter care and 5 relief services; disaster relief services; safety 6 services; neighborhood and community organization 7 services; recreation services; social adjustment and 8 rehabilitation services; health support services; or a 9 combination of such services designed to meet the special 10 needs of specific groups, such as children and youth, the 11 ill and infirm, and the physically handicapped; and that 12 all such benefiting agencies provide the above described 13 services to individuals and their families in the 14 community and surrounding area in which the organization 15 conducts its fund drive, or that such benefiting agencies 16 provide relief to victims of natural disasters and other 17 emergencies on a where and as needed basis; 18 (6) Certify that the organization has disclosed the 19 percentage of the organization's total collected receipts 20 from employees that are distributed to the benefiting 21 agencies and the percentage of the organization's total 22 collected receipts from employees that are expended for 23 fund-raising and overhead costs. These percentages shall 24 be the same percentage figures annually disclosed by the 25 organization to the Attorney General. The disclosure 26 shall be made to all solicited employees and shall be in 27 the form of a factual statement on all petitions and in 28 the campaign's employee brochure; 29 (7) Certify that all benefiting agencies receiving 30 funds which the employee has requested or designated for 31 distribution to a particular community and surrounding 32 area use a majority of such funds distributed for 33 services in the actual provision of services in that 34 community and surrounding area; SB745 Engrossed -20- LRB9101253EGfg 1 (8) Certify that neither it nor its member 2 organizations will solicit State employees for 3 contributions at their workplace, except pursuant to this 4 Act and the rules promulgated thereunder. Each qualified 5 organization, and each participating United Fund, is 6 encouraged to cooperate with all others and with all 7 State agencies and educational institutions so as to 8 simplify procedures, to resolve differences and to 9 minimize costs; 10 (9) Certify that it will pay its share of the 11 campaign costs and will comply with the Code of Campaign 12 Conduct as approved by the Governor or other agency as 13 designated by the Governor; 14 (10) Certify that it maintains a year-round office, 15 the telephone number, and person responsible for the 16 operations of the organization in Illinois. That 17 information shall be provided to the State Comptroller at 18 the time the organization is seeking participation under 19 this Act; and 20 (11) Provide (i) an annual audit, in conformance 21 with generally accepted accounting procedures and current 22 to within 12 months of the organization's fiscal 23 year-end, (ii) Internal Revenue Service Form 990 covering 24 the same period as the submitted audit, and (iii) an 25 annual report of the organization's activities, current 26 to within 12 months of the organization's fiscal year. If 27 a qualifying organization represents more than one 28 benefiting agency, it shall also certify that the 29 documentation required by this paragraph is on file for 30 those agencies. The Comptroller is authorized to request 31 documentation of the qualifying organization for any or 32 all of the benefiting agencies upon written request. The 33 qualifying organization shall have 10 business days to 34 respond after it receives the request. SB745 Engrossed -21- LRB9101253EGfg 1 Each qualified organization shall submit to the State 2 Comptroller between January 1 and March 1 of each year, a 3 statement that the organization is in compliance with all of 4 the requirements set forth in paragraphs (2) through (11). 5 The State Comptroller shall exclude any organization that 6 fails to submit the statement from the next solicitation 7 period. 8 In order to be designated as a qualified organization, 9 the organization shall have existed at least 2 years prior to 10 submitting the written designation forms required in 11 paragraph (1) and shall certify to the State Comptroller that 12 such organization has been providing services described in 13 paragraph (5) in Illinois. If the organization seeking 14 designation represents more than one benefiting agency, it 15 need not have existed for 2 years but shall certify to the 16 State Comptroller that each of its benefiting agencies has 17 existed for at least 2 years prior to submitting the written 18 designation forms required in paragraph (1) and that each has 19 been providing services described in paragraph (5) in 20 Illinois. 21 Organizations which have met the requirements of this Act 22 shall be permitted to participate in the State and 23 Universities Combined Appeal as of January 1st of the year 24 immediately following their approval by the Comptroller. 25 Where the certifications described in paragraphs (2), 26 (3), (4), (5), (6), (7), (8), (9), (10), and (11)2, 3, 4, 5,276, 7, 8, 9, 10, and 11above are made by an organization 28 representing more than one benefiting agency they shall be 29 based upon the knowledge and belief of such qualified 30 organization. Any qualified organization shall immediately 31 notify the State Comptroller in writing if the qualified 32 organization receives information or otherwise believes that 33 a benefiting agency is no longer in compliance with the 34 certification of the qualified organization. A qualified SB745 Engrossed -22- LRB9101253EGfg 1 organization representing more than one benefiting agency 2 shall thereafter withhold and refrain from distributing to 3 such benefiting agency those funds received pursuant to this 4 Act until the benefiting agency is again in compliance with 5 the qualified organization's certification. The qualified 6 organization shall immediately notify the State Comptroller 7 of the benefiting agency's resumed compliance with the 8 certification, based upon the qualified organization's 9 knowledge and belief, and shall pay over to the benefiting 10 agency those funds previously withheld. 11 The Comptroller shall, by February 1st of each year, so 12 notify any qualified organization that failed to receive at 13 least 500 payroll deduction pledges during each immediately 14 preceding solicitation period as set forth in Section 6. The 15 notification shall give such qualified organization until 16 March 1st to provide the Comptroller with documentation that 17 the 500 deduction requirement has been met. On the basis of 18 all the documentation, the Comptroller shall, by March 15th 19 of each year, submit to the Governor or his designee, or such 20 other agency as may be determined by the Governor, a list of 21 all organizations which have met the 500 payroll deduction 22 requirement. Only those organizations which have met such 23 requirements, as well as the other requirements of this 24 Section, shall be permitted to solicit State employees for 25 voluntary contributions and the Comptroller shall discontinue 26 withholding for any such organization which fails to meet 27 these requirements. 28 (c) "United Fund" means the organization conducting the 29 single, annual, consolidated effort to secure funds for 30 distribution to agencies engaged in charitable and public 31 health, welfare and services purposes, which is commonly 32 known as the United Fund, or the organization which serves in 33 place of the United Fund organization in communities where an 34 organization known as the United Fund is not organized. SB745 Engrossed -23- LRB9101253EGfg 1 (d) "State and Universities Employees Combined Appeal" 2 (SECA), otherwise known as "SECA", means the State-directed 3 joint effort of all of the qualified organizations, together 4 with the United Funds, for the solicitation of voluntary 5 contributions from State and University employees. 6 In order for a United Fund to participate in the State 7 and Universities Employees Combined Appeal, it shall comply 8 with the provisions ofSection 3,paragraph (9) of subsection 9 (b). 10 (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.) 11 (5 ILCS 340/7) (from Ch. 15, par. 507) 12 Sec. 7. Notwithstanding any other provision of this Act, 13 a participating organization or a United Fund may be denied 14 participation in SECA for willful failure to comply with the 15 provisions of paragraph (9) of subsection (b) of Section 3 of 16 this Act. The agency designated by the Governor under 17 paragraph (9) of subsection (b) of Section 3 of this Act 18 shall adopt rules providing for procedures for review by the 19 agency of alleged violations of that paragraph and 20 appropriate remedial sanctions for noncompliance. The rules 21 shall include an appeal procedure for any affected 22 participating organization or United Fund. The agency 23 designated by the Governor shall notify the Comptroller 24 immediately of any final decision to remove a qualified 25 organization or United Fund from participation in SECA. 26 (Source: P.A. 87-1053; revised 10-31-98.) 27 Section 9.1. The State Employees Group Insurance Act of 28 1971 is amended by changing Section 10 as follows: 29 (5 ILCS 375/10) (from Ch. 127, par. 530) 30 Sec. 10. Payments by State; premiums. 31 (a) The State shall pay the cost of basic SB745 Engrossed -24- LRB9101253EGfg 1 non-contributory group life insurance and, subject to member 2 paid contributions set by the Department or required by this 3 Section, the basic program of group health benefits on each 4 eligible member, except a member, not otherwise covered by 5 this Act, who has retired as a participating member under 6 Article 2 of the Illinois Pension Code but is ineligible for 7 the retirement annuity under Section 2-119 of the Illinois 8 Pension Code, and part of each eligible member's and retired 9 member's premiums for health insurance coverage for enrolled 10 dependents as provided by Section 9. The State shall pay the 11 cost of the basic program of group health benefits only after 12 benefits are reduced by the amount of benefits covered by 13 Medicare for all retired members and retired dependents aged 14 65 years or older who are entitled to benefits under Social 15 Security or the Railroad Retirement system or who had 16 sufficient Medicare-covered government employment except that 17 such reduction in benefits shall apply only to those retired 18 members or retired dependents who (1) first become eligible 19 for such Medicare coverage on or after July 1, 1992; or (2) 20 remain eligible for, but no longer receive Medicare coverage 21 which they had been receiving on or after July 1, 1992. The 22 Department may determine the aggregate level of the State's 23 contribution on the basis of actual cost of medical services 24 adjusted for age, sex or geographic or other demographic 25 characteristics which affect the costs of such programs. 26 (a-1) Beginning January 1, 1998, for each person who 27 becomes a new SERS annuitant and participates in the basic 28 program of group health benefits, the State shall contribute 29 toward the cost of the annuitant's coverage under the basic 30 program of group health benefits an amount equal to 5% of 31 that cost for each full year of creditable service upon which 32 the annuitant's retirement annuity is based, up to a maximum 33 of 100% for an annuitant with 20 or more years of creditable 34 service. The remainder of the cost of a new SERS annuitant's SB745 Engrossed -25- LRB9101253EGfg 1 coverage under the basic program of group health benefits 2 shall be the responsibility of the annuitant. 3 (a-2) Beginning January 1, 1998, for each person who 4 becomes a new SERS survivor and participates in the basic 5 program of group health benefits, the State shall contribute 6 toward the cost of the survivor's coverage under the basic 7 program of group health benefits an amount equal to 5% of 8 that cost for each full year of the deceased employee's or 9 deceased annuitant's creditable service in the State 10 Employees' Retirement System of Illinois on the date of 11 death, up to a maximum of 100% for a survivor of an employee 12 or annuitant with 20 or more years of creditable service. 13 The remainder of the cost of the new SERS survivor's coverage 14 under the basic program of group health benefits shall be the 15 responsibility of the survivor. 16 (a-3) Beginning January 1, 1998, for each person who 17 becomes a new SURS annuitant and participates in the basic 18 program of group health benefits, the State shall contribute 19 toward the cost of the annuitant's coverage under the basic 20 program of group health benefits an amount equal to 5% of 21 that cost for each full year of creditable service upon which 22 the annuitant's retirement annuity is based, up to a maximum 23 of 100% for an annuitant with 20 or more years of creditable 24 service. The remainder of the cost of a new SURS annuitant's 25 coverage under the basic program of group health benefits 26 shall be the responsibility of the annuitant. 27 (a-4) Beginning January 1, 1998, for each person who 28 becomes a new SURS retired employee and participates in the 29 basic program of group health benefits, the State shall 30 contribute toward the cost of the retired employee's coverage 31 under the basic program of group health benefits an amount 32 equal to 5% of that cost for each full year that the retired 33 employee was an employee as defined in Section 3, up to a 34 maximum of 100% for a retired employee who was an employee SB745 Engrossed -26- LRB9101253EGfg 1 for 20 or more years. The remainder of the cost of a new 2 SURS retired employee's coverage under the basic program of 3 group health benefits shall be the responsibility of the 4 retired employee. 5 (a-5) Beginning January 1, 1998, for each person who 6 becomes a new SURS survivor and participates in the basic 7 program of group health benefits, the State shall contribute 8 toward the cost of the survivor's coverage under the basic 9 program of group health benefits an amount equal to 5% of 10 that cost for each full year of the deceased employee's or 11 deceased annuitant's creditable service in the State 12 Universities Retirement System on the date of death, up to a 13 maximum of 100% for a survivor of an employee or annuitant 14 with 20 or more years of creditable service. The remainder 15 of the cost of the new SURS survivor's coverage under the 16 basic program of group health benefits shall be the 17 responsibility of the survivor. 18 (a-6) Beginning July 1, 1998, for each person who 19 becomes a new TRS State annuitant and participates in the 20 basic program of group health benefits, the State shall 21 contribute toward the cost of the annuitant's coverage under 22 the basic program of group health benefits an amount equal to 23 5% of that cost for each full year of creditable service as a 24 teacher as defined in paragraph (2), (3), or (5) of Section 25 16-106 of the Illinois Pension Code upon which the 26 annuitant's retirement annuity is based, up to a maximum of 27 100% for an annuitant with 20 or more years of such 28 creditable service. The remainder of the cost of a new TRS 29 State annuitant's coverage under the basic program of group 30 health benefits shall be the responsibility of the annuitant. 31 (a-7) Beginning July 1, 1998, for each person who 32 becomes a new TRS State survivor and participates in the 33 basic program of group health benefits, the State shall 34 contribute toward the cost of the survivor's coverage under SB745 Engrossed -27- LRB9101253EGfg 1 the basic program of group health benefits an amount equal to 2 5% of that cost for each full year of the deceased employee's 3 or deceased annuitant's creditable service as a teacher as 4 defined in paragraph (2), (3), or (5) of Section 16-106 of 5 the Illinois Pension Code on the date of death, up to a 6 maximum of 100% for a survivor of an employee or annuitant 7 with 20 or more years of such creditable service. The 8 remainder of the cost of the new TRS State survivor's 9 coverage under the basic program of group health benefits 10 shall be the responsibility of the survivor. 11 (a-8) A new SERS annuitant, new SERS survivor, new SURS 12 annuitant, new SURS retired employee, new SURS survivor, new 13 TRS State annuitant, or new TRS State survivor may waive or 14 terminate coverage in the program of group health benefits. 15 Any such annuitant, survivor, or retired employee who has 16 waived or terminated coverage may enroll or re-enroll in the 17 program of group health benefits only during the annual 18 benefit choice period, as determined by the Director; except 19 that in the event of termination of coverage due to 20 nonpayment of premiums, the annuitant, survivor, or retired 21 employee may not re-enroll in the program. 22 (a-9) No later than May 1 of each calendar year, the 23 Director of Central Management Services shall certify in 24 writing to the Executive Secretary of the State Employees' 25 Retirement System of Illinois the amounts of the Medicare 26 supplement health care premiums and the amounts of the health 27 care premiums for all other retirees who are not Medicare 28 eligible. 29 A separate calculation of the premiums based upon the 30 actual cost of each health care plan shall be so certified. 31 The Director of Central Management Services shall provide 32 to the Executive Secretary of the State Employees' Retirement 33 System of Illinois such information, statistics, and other 34 data as he or she may require to review the premium amounts SB745 Engrossed -28- LRB9101253EGfg 1 certified by the Director of Central Management Services. 2 (b) State employees who become eligible for this program 3 on or after January 1, 1980 in positions normally requiring 4 actual performance of duty not less than 1/2 of a normal work 5 period but not equal to that of a normal work period, shall 6 be given the option of participating in the available 7 program. If the employee elects coverage, the State shall 8 contribute on behalf of such employee to the cost of the 9 employee's benefit and any applicable dependent supplement, 10 that sum which bears the same percentage as that percentage 11 of time the employee regularly works when compared to normal 12 work period. 13 (c) The basic non-contributory coverage from the basic 14 program of group health benefits shall be continued for each 15 employee not in pay status or on active service by reason of 16 (1) leave of absence due to illness or injury, (2) authorized 17 educational leave of absence or sabbatical leave, or (3) 18 military leave with pay and benefits. This coverage shall 19 continue until expiration of authorized leave and return to 20 active service, but not to exceed 24 months for leaves under 21 item (1) or (2). This 24-month limitation and the requirement 22 of returning to active service shall not apply to persons 23 receiving ordinary or accidental disability benefits or 24 retirement benefits through the appropriate State retirement 25 system or benefits under the Workers' Compensation or 26 Occupational Disease Act. 27 (d) The basic group life insurance coverage shall 28 continue, with full State contribution, where such person is 29 (1) absent from active service by reason of disability 30 arising from any cause other than self-inflicted, (2) on 31 authorized educational leave of absence or sabbatical leave, 32 or (3) on military leave with pay and benefits. 33 (e) Where the person is in non-pay status for a period 34 in excess of 30 days or on leave of absence, other than by SB745 Engrossed -29- LRB9101253EGfg 1 reason of disability, educational or sabbatical leave, or 2 military leave with pay and benefits, such person may 3 continue coverage only by making personal payment equal to 4 the amount normally contributed by the State on such person's 5 behalf. Such payments and coverage may be continued: (1) 6 until such time as the person returns to a status eligible 7 for coverage at State expense, but not to exceed 24 months, 8 (2) until such person's employment or annuitant status with 9 the State is terminated, or (3) for a maximum period of 4 10 years for members on military leave with pay and benefits and 11 military leave without pay and benefits (exclusive of any 12 additional service imposed pursuant to law). 13 (f) The Department shall establish by rule the extent 14 to which other employee benefits will continue for persons in 15 non-pay status or who are not in active service. 16 (g) The State shall not pay the cost of the basic 17 non-contributory group life insurance, program of health 18 benefits and other employee benefits for members who are 19 survivors as defined by paragraphs (1) and (2) of subsection 20 (q) of Section 3 of this Act. The costs of benefits for 21 these survivors shall be paid by the survivors or by the 22 University of Illinois Cooperative Extension Service, or any 23 combination thereof. 24 (h) Those persons occupying positions with any 25 department as a result of emergency appointments pursuant to 26 Section 8b.8 of the Personnel Code who are not considered 27 employees under this Act shall be given the option of 28 participating in the programs of group life insurance, health 29 benefits and other employee benefits. Such persons electing 30 coverage may participate only by making payment equal to the 31 amount normally contributed by the State for similarly 32 situated employees. Such amounts shall be determined by the 33 Director. Such payments and coverage may be continued until 34 such time as the person becomes an employee pursuant to this SB745 Engrossed -30- LRB9101253EGfg 1 Act or such person's appointment is terminated. 2 (i) Any unit of local government within the State of 3 Illinois may apply to the Director to have its employees, 4 annuitants, and their dependents provided group health 5 coverage under this Act on a non-insured basis. To 6 participate, a unit of local government must agree to enroll 7 all of its employees, who may select coverage under either 8 the State group health insurance plan or a health maintenance 9 organization that has contracted with the State to be 10 available as a health care provider for employees as defined 11 in this Act. A unit of local government must remit the 12 entire cost of providing coverage under the State group 13 health insurance plan or, for coverage under a health 14 maintenance organization, an amount determined by the 15 Director based on an analysis of the sex, age, geographic 16 location, or other relevant demographic variables for its 17 employees, except that the unit of local government shall not 18 be required to enroll those of its employees who are covered 19 spouses or dependents under this plan or another group policy 20 or plan providing health benefits as long as (1) an 21 appropriate official from the unit of local government 22 attests that each employee not enrolled is a covered spouse 23 or dependent under this plan or another group policy or plan, 24 and (2) at least 85% of the employees are enrolled and the 25 unit of local government remits the entire cost of providing 26 coverage to those employees. Employees of a participating 27 unit of local government who are not enrolled due to coverage 28 under another group health policy or plan may enroll at a 29 later date subject to submission of satisfactory evidence of 30 insurability and provided that no benefits shall be payable 31 for services incurred during the first 6 months of coverage 32 to the extent the services are in connection with any 33 pre-existing condition. A participating unit of local 34 government may also elect to cover its annuitants. Dependent SB745 Engrossed -31- LRB9101253EGfg 1 coverage shall be offered on an optional basis, with the 2 costs paid by the unit of local government, its employees, or 3 some combination of the two as determined by the unit of 4 local government. The unit of local government shall be 5 responsible for timely collection and transmission of 6 dependent premiums. 7 The Director shall annually determine monthly rates of 8 payment, subject to the following constraints: 9 (1) In the first year of coverage, the rates shall 10 be equal to the amount normally charged to State 11 employees for elected optional coverages or for enrolled 12 dependents coverages or other contributory coverages, or 13 contributed by the State for basic insurance coverages on 14 behalf of its employees, adjusted for differences between 15 State employees and employees of the local government in 16 age, sex, geographic location or other relevant 17 demographic variables, plus an amount sufficient to pay 18 for the additional administrative costs of providing 19 coverage to employees of the unit of local government and 20 their dependents. 21 (2) In subsequent years, a further adjustment shall 22 be made to reflect the actual prior years' claims 23 experience of the employees of the unit of local 24 government. 25 In the case of coverage of local government employees 26 under a health maintenance organization, the Director shall 27 annually determine for each participating unit of local 28 government the maximum monthly amount the unit may contribute 29 toward that coverage, based on an analysis of (i) the age, 30 sex, geographic location, and other relevant demographic 31 variables of the unit's employees and (ii) the cost to cover 32 those employees under the State group health insurance plan. 33 The Director may similarly determine the maximum monthly 34 amount each unit of local government may contribute toward SB745 Engrossed -32- LRB9101253EGfg 1 coverage of its employees' dependents under a health 2 maintenance organization. 3 Monthly payments by the unit of local government or its 4 employees for group health insurance or health maintenance 5 organization coverage shall be deposited in the Local 6 Government Health Insurance Reserve Fund. The Local 7 Government Health Insurance Reserve Fund shall be a 8 continuing fund not subject to fiscal year limitations. All 9 expenditures from this fund shall be used for payments for 10 health care benefits for local government and rehabilitation 11 facility employees, annuitants, and dependents, and to 12 reimburse the Department or its administrative service 13 organization for all expenses incurred in the administration 14 of benefits. No other State funds may be used for these 15 purposes. 16 A local government employer's participation or desire to 17 participate in a program created under this subsection shall 18 not limit that employer's duty to bargain with the 19 representative of any collective bargaining unit of its 20 employees. 21 (j) Any rehabilitation facility within the State of 22 Illinois may apply to the Director to have its employees, 23 annuitants, and their dependents provided group health 24 coverage under this Act on a non-insured basis. To 25 participate, a rehabilitation facility must agree to enroll 26 all of its employees and remit the entire cost of providing 27 such coverage for its employees, except that the 28 rehabilitation facility shall not be required to enroll those 29 of its employees who are covered spouses or dependents under 30 this plan or another group policy or plan providing health 31 benefits as long as (1) an appropriate official from the 32 rehabilitation facility attests that each employee not 33 enrolled is a covered spouse or dependent under this plan or 34 another group policy or plan, and (2) at least 85% of the SB745 Engrossed -33- LRB9101253EGfg 1 employees are enrolled and the rehabilitation facility remits 2 the entire cost of providing coverage to those employees. 3 Employees of a participating rehabilitation facility who are 4 not enrolled due to coverage under another group health 5 policy or plan may enroll at a later date subject to 6 submission of satisfactory evidence of insurability and 7 provided that no benefits shall be payable for services 8 incurred during the first 6 months of coverage to the extent 9 the services are in connection with any pre-existing 10 condition. A participating rehabilitation facility may also 11 elect to cover its annuitants. Dependent coverage shall be 12 offered on an optional basis, with the costs paid by the 13 rehabilitation facility, its employees, or some combination 14 of the 2 as determined by the rehabilitation facility. The 15 rehabilitation facility shall be responsible for timely 16 collection and transmission of dependent premiums. 17 The Director shall annually determine quarterly rates of 18 payment, subject to the following constraints: 19 (1) In the first year of coverage, the rates shall 20 be equal to the amount normally charged to State 21 employees for elected optional coverages or for enrolled 22 dependents coverages or other contributory coverages on 23 behalf of its employees, adjusted for differences between 24 State employees and employees of the rehabilitation 25 facility in age, sex, geographic location or other 26 relevant demographic variables, plus an amount sufficient 27 to pay for the additional administrative costs of 28 providing coverage to employees of the rehabilitation 29 facility and their dependents. 30 (2) In subsequent years, a further adjustment shall 31 be made to reflect the actual prior years' claims 32 experience of the employees of the rehabilitation 33 facility. 34 Monthly payments by the rehabilitation facility or its SB745 Engrossed -34- LRB9101253EGfg 1 employees for group health insurance shall be deposited in 2 the Local Government Health Insurance Reserve Fund. 3 (k) Any domestic violence shelter or service within the 4 State of Illinois may apply to the Director to have its 5 employees, annuitants, and their dependents provided group 6 health coverage under this Act on a non-insured basis. To 7 participate, a domestic violence shelter or service must 8 agree to enroll all of its employees and pay the entire cost 9 of providing such coverage for its employees. A 10 participating domestic violence shelter may also elect to 11 cover its annuitants. Dependent coverage shall be offered on 12 an optional basis, with employees, or some combination of the 13 2 as determined by the domestic violence shelter or service. 14 The domestic violence shelter or service shall be responsible 15 for timely collection and transmission of dependent premiums. 16 The Director shall annually determine quarterly rates of 17 payment, subject to the following constraints: 18 (1) In the first year of coverage, the rates shall 19 be equal to the amount normally charged to State 20 employees for elected optional coverages or for enrolled 21 dependents coverages or other contributory coverages on 22 behalf of its employees, adjusted for differences between 23 State employees and employees of the domestic violence 24 shelter or service in age, sex, geographic location or 25 other relevant demographic variables, plus an amount 26 sufficient to pay for the additional administrative costs 27 of providing coverage to employees of the domestic 28 violence shelter or service and their dependents. 29 (2) In subsequent years, a further adjustment shall 30 be made to reflect the actual prior years' claims 31 experience of the employees of the domestic violence 32 shelter or service. 33 (3) In no case shall the rate be less than the 34 amount normally charged to State employees or contributed SB745 Engrossed -35- LRB9101253EGfg 1 by the State on behalf of its employees. 2 Monthly payments by the domestic violence shelter or 3 service or its employees for group health insurance shall be 4 deposited in the Local Government Health Insurance Reserve 5 Fund. 6 (l) A public community college or entity organized 7 pursuant to the Public Community College Act may apply to the 8 Director initially to have only annuitants not covered prior 9 to July 1, 1992 by the district's health plan provided health 10 coverage under this Act on a non-insured basis. The 11 community college must execute a 2-year contract to 12 participate in the Local Government Health Plan. Those 13 annuitants enrolled initially under this contract shall have 14 no benefits payable for services incurred during the first 6 15 months of coverage to the extent the services are in 16 connection with any pre-existing condition. Any annuitant 17 who may enroll after this initial enrollment period shall be 18 subject to submission of satisfactory evidence of 19 insurability and to the pre-existing conditions limitation. 20 The Director shall annually determine monthly rates of 21 payment subject to the following constraints: for those 22 community colleges with annuitants only enrolled, first year 23 rates shall be equal to the average cost to cover claims for 24 a State member adjusted for demographics, Medicare 25 participation, and other factors; and in the second year, a 26 further adjustment of rates shall be made to reflect the 27 actual first year's claims experience of the covered 28 annuitants. 29 (m) The Director shall adopt any rules deemed necessary 30 for implementation of this amendatory Act of 1989 (Public Act 31 86-978). 32 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95; 33 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff. 34 7-7-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; revised SB745 Engrossed -36- LRB9101253EGfg 1 8-3-98.) 2 Section 10. The Election Code is amended by changing 3 Sections 2A-27, 4-6.1, 4-8, 4-9, 4-10, 4-12, 4-23, 5-7, 5-9, 4 5-15, 5-29.01, 6-29, 6-35, 6-44, 6-67.01, 7-10, 7-10.1, 7-24, 5 7-34, 7-53, 8-8, 9-1.7, 10-6.2, 12-1, 14-4, 17-9, 17-10, 6 17-17, 17-23, 19-8, 24-1.1, 24A-3, and 24B-3 as follows: 7 (10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27) 8 Sec. 2A-27. Cities generally; mayor; clerk; treasurer; 9 time of election. A mayor, a city clerk, and a city 10 treasurer shall be elected in each city that elects those 11 officers (except the City of Chicago) at the consolidated 12 election in 1979 or 1981 (in whichever of those years the 13 terms of those officers expire) and at the consolidated 14 election every 4 years thereafter. In cities that have 15 provided for a 2 year term for elective officers under 16 Section 3.1-10-653.1-15-65of the Illinois Municipal Code, 17 however, these city officers shall be elected at the 18 consolidated election of each odd-numbered year. 19 (Source: P.A. 87-1119; revised 11-4-98.) 20 (10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1) 21 Sec. 4-6.1. In addition to registration at the office of 22 the county clerk, and at the offices of municipal and 23 township or road district clerks, each county clerk shall 24 provide for the following additional methods of 25 registration: 26 (1) the appointment of deputy registrars as 27 provided in Section 4-6.2; and 28 (2) the establishment of temporary places of 29 registration, as provided in Section 4-6.3. 30 Each county clerk may provide for precinct registration 31 pursuant to Section 4-7. SB745 Engrossed -37- LRB9101253EGfg 1 (Source: P.A. 83-1059; revised 10-31-98.) 2 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8) 3 Sec. 4-8. The county clerk shall provide a sufficient 4 number of blank forms for the registration of electors, which 5 shall be known as registration record cards and which shall 6 consist of loose leaf sheets or cards, of suitable size to 7 contain in plain writing and figures the data hereinafter 8 required thereon or shall consist of computer cards of 9 suitable nature to contain the data required thereon. The 10 registration record cards, which shall include an affidavit 11 of registration as hereinafter provided, shall be executed in 12 duplicate. 13 The registration record card shall contain the following 14 and such other information as the county clerk may think it 15 proper to require for the identification of the applicant for 16 registration: 17 Name. The name of the applicant, giving surname and 18 first or Christian name in full, and the middle name or the 19 initial for such middle name, if any. 20 Sex. 21 Residence. The name and number of the street, avenue, or 22 other location of the dwelling, including the apartment, unit 23 or room number, if any, and in the case of a mobile home the 24 lot number, and such additional clear and definite 25 description as may be necessary to determine the exact 26 location of the dwelling of the applicant. Where the location 27 cannot be determined by street and number, then the section, 28 congressional township and range number may be used, or such 29 other description as may be necessary, including post-office 30 mailing address. In the case of a homeless individual, the 31 individual's voting residence that is his or her mailing 32 address shall be included on his or her registration record 33 card. SB745 Engrossed -38- LRB9101253EGfg 1 Term of residence in the State of Illinois and precinct. 2 This information shall be furnished by the applicant stating 3 the place or places where he resided and the dates during 4 which he resided in such place or places during the year next 5 preceding the date of the next ensuing election. 6 Nativity. The state or country in which the applicant 7 was born. 8 Citizenship. Whether the applicant is native born or 9 naturalized. If naturalized, the court, place, and date of 10 naturalization. 11 Date of application for registration, i.e., the day, 12 month and year when applicant presented himself for 13 registration. 14 Age. Date of birth, by month, day and year. 15 Physical disability of the applicant, if any, at the time 16 of registration, which would require assistance in voting. 17 The county and state in which the applicant was last 18 registered. 19 Signature of voter. The applicant, after the 20 registration and in the presence of a deputy registrar or 21 other officer of registration shall be required to sign his 22 or her name in ink to the affidavit on both the original and 23 duplicate registration record cards. 24 Signature of deputy registrar or officer of registration. 25 In case applicant is unable to sign his name, he may 26 affix his mark to the affidavit. In such case the officer 27 empowered to give the registration oath shall write a 28 detailed description of the applicant in the space provided 29 on the back or at the bottom of the card or sheet; and shall 30 ask the following questions and record the answers thereto: 31 Father's first name. 32 Mother's first name. 33 From what address did the applicant last register? 34 Reason for inability to sign name. SB745 Engrossed -39- LRB9101253EGfg 1 Each applicant for registration shall make an affidavit 2 in substantially the following form: 3 AFFIDAVIT OF REGISTRATION 4 STATE OF ILLINOIS 5 COUNTY OF ....... 6 I hereby swear (or affirm) that I am a citizen of the 7 United States; that on the date of the next election I shall 8 have resided in the State of Illinois and in the election 9 precinct in which I reside 30 days and that I intend that 10 this location shall be my residence; that I am fully 11 qualified to vote, and that the above statements are true. 12 .............................. 13 (His or her signature or mark) 14 Subscribed and sworn to before me on (insert date).this15.... day of ...., 19...16 .................................. 17 Signature of registration officer. 18 (To be signed in presence of registrant.) 19 Space shall be provided upon the face of each 20 registration record card for the notation of the voting 21 record of the person registered thereon. 22 Each registration record card shall be numbered according 23 to precincts, and may be serially or otherwise marked for 24 identification in such manner as the county clerk may 25 determine. 26 The registration cards shall be deemed public records and 27 shall be open to inspection during regular business hours, 28 except during the 28 days immediately preceding any election. 29 On written request of any candidate or objector or any person 30 intending to object to a petition, the election authority 31 shall extend its hours for inspection of registration cards 32 and other records of the election authority during the period 33 beginning with the filing of petitions under Sections 7-10, 34 8-8, 10-6 or 28-3 and continuing through the termination of SB745 Engrossed -40- LRB9101253EGfg 1 electoral board hearings on any objections to petitions 2 containing signatures of registered voters in the 3 jurisdiction of the election authority. The extension shall 4 be for a period of hours sufficient to allow adequate 5 opportunity for examination of the records but the election 6 authority is not required to extend its hours beyond the 7 period beginning at its normal opening for business and 8 ending at midnight. If the business hours are so extended, 9 the election authority shall post a public notice of such 10 extended hours. Registration record cards may also be 11 inspected, upon approval of the officer in charge of the 12 cards, during the 28 days immediately preceding any election. 13 Registration record cards shall also be open to inspection by 14 certified judges and poll watchers and challengers at the 15 polling place on election day, but only to the extent 16 necessary to determine the question of the right of a person 17 to vote or to serve as a judge of election. At no time shall 18 poll watchers or challengers be allowed to physically handle 19 the registration record cards. 20 Updated copies of computer tapes or computer discs or 21 other electronic data processing information containing voter 22 registration information shall be furnished by the county 23 clerk within 10 days after December 15 and May 15 each year 24 to the State Board of Elections in a form prescribed by the 25 Board. Registration information shall include, but not be 26 limited to, the following information: name, sex, residence, 27 telephone number, if any, age, party affiliation, if 28 applicable, precinct, ward, township, county, and 29 representative, legislative and congressional districts. In 30 the event of noncompliance, the State Board of Elections is 31 directed to obtain compliance forthwith with this 32 nondiscretionary duty of the election authority by 33 instituting legal proceedings in the circuit court of the 34 county in which the election authority maintains the SB745 Engrossed -41- LRB9101253EGfg 1 registration information. The costs of furnishing updated 2 copies of tapes or discs shall be paid at a rate of $.00034 3 per name of registered voters in the election jurisdiction, 4 but not less than $50 per tape or disc and shall be paid from 5 appropriations made to the State Board of Elections for 6 reimbursement to the election authority for such purpose. The 7 Board shall furnish copies of such tapes, discs, other 8 electronic data or compilations thereof to state political 9 committees registered pursuant to the Illinois Campaign 10 Finance Act or the Federal Election Campaign Act at their 11 request and at a reasonable cost. Copies of the tapes, discs 12 or other electronic data shall be furnished by the county 13 clerk to local political committees at their request and at a 14 reasonable cost. Reasonable cost of the tapes, discs, et 15 cetera for this purpose would be the cost of duplication plus 16 15% for administration. The individual representing a 17 political committee requesting copies of such tapes shall 18 make a sworn affidavit that the information shall be used 19 only for bona fide political purposes, including by or for 20 candidates for office or incumbent office holders. Such 21 tapes, discs or other electronic data shall not be used under 22 any circumstances by any political committee or individuals 23 for purposes of commercial solicitation or other business 24 purposes. If such tapes contain information on county 25 residents related to the operations of county government in 26 addition to registration information, that information shall 27 not be used under any circumstances for commercial 28 solicitation or other business purposes. The prohibition in 29 this Section against using the computer tapes or computer 30 discs or other electronic data processing information 31 containing voter registration information for purposes of 32 commercial solicitation or other business purposes shall be 33 prospective only from the effective date of this amended Act 34 of 1979. Any person who violates this provision shall be SB745 Engrossed -42- LRB9101253EGfg 1 guilty of a Class 4 felony. 2 The State Board of Elections shall promulgate, by October 3 1, 1987, such regulations as may be necessary to ensure 4 uniformity throughout the State in electronic data processing 5 of voter registration information. The regulations shall 6 include, but need not be limited to, specifications for 7 uniform medium, communications protocol and file structure to 8 be employed by the election authorities of this State in the 9 electronic data processing of voter registration information. 10 Each election authority utilizing electronic data processing 11 of voter registration information shall comply with such 12 regulations on and after May 15, 1988. 13 If the applicant for registration was last registered in 14 another county within this State, he shall also sign a 15 certificate authorizing cancellation of the former 16 registration. The certificate shall be in substantially the 17 following form: 18 To the County Clerk of.... County, Illinois. (or) 19 To the Election Commission of the City of ...., Illinois. 20 This is to certify that I am registered in your (county) 21 (city) and that my residence was ............................ 22 Having moved out of your (county) (city), I hereby authorize 23 you to cancel said registration in your office. 24 Dated at ...., Illinois, on (insert date). 25this .... day of ...., 19...26 ................................. 27 (Signature of Voter) 28 Attest: ................, County Clerk, ............. 29 County, Illinois. 30 The cancellation certificate shall be mailed immediately 31 by the County Clerk to the County Clerk (or election 32 commission as the case may be) where the applicant was 33 formerly registered. Receipt of such certificate shall be 34 full authority for cancellation of any previous registration. SB745 Engrossed -43- LRB9101253EGfg 1 (Source: P.A. 86-873; 86-1348; 87-1241; revised 1-26-99.) 2 (10 ILCS 5/4-9) (from Ch. 46, par. 4-9) 3 Sec. 4-9. The county clerk shall fully instruct the 4 registration officers and deputy registration officers in 5 their duties. Each registration officer and deputy 6 registration officer shall receipt to the county clerk for 7 all blank registration record cards issued to him, specifying 8 therein the number of the blanks received by him, and each 9 registration officer and deputy registration officer shall be 10 charged with such blanks until he returns them to the county 11 clerk. If for any cause a blank registration record card is 12 mutilated or rendered unfit for use in making it out, or if a 13 mistake thereon has been made, such blank shall not be 14 destroyed, but the word "mutilated" shall be written across 15 the face of such card, and the card shall be returned to the 16 county clerk and be preserved in the same manner and for the 17 same length of time as mutilated ballots. When each 1969 and 18 1970 precinct re-registration has been completed, each 19 registration officer shall certify the registration records 20 in substantially the following form: 21 "We, the undersigned registration officers or deputy 22 registration officers in the County of .... in the State of 23 Illinois, do swear (or affirm) that at the registration of 24 electors on (insert date)the .... day of .... 19..there was 25 registered by us in the said election precinct the names 26 which appear on the registration records, and that the number 27 of voters registered and qualified was and is the number of 28 .... 29 ...................... 30 ...................... 31 ...................... 32 Registration officers. 33 Date ................" SB745 Engrossed -44- LRB9101253EGfg 1 After completion of each 1969 and 1970 precinct 2 re-registration each of the officers of registration for such 3 precinct shall place all registration cards received by him, 4 regardless of whether such cards have been unused, filled 5 out, executed or mutilated, in an envelope to be provided for 6 that purpose by the county clerk and shall seal such envelope 7 with an official wax impression seal and sign his name across 8 the face of such envelope. The judge of registration for 9 such precinct shall include in the envelope sealed by him the 10 certification of the registration records hereinabove 11 required. The judge of registration for such precinct shall 12 within 24 hours after the close of re-registration make 13 personal delivery of all envelopes containing the 14 re-registration cards for such precinct to the county clerk. 15 Other precinct registrations shall be certified and 16 returned in the same manner. 17 (Source: Laws 1967, p. 2987; revised 10-20-98.) 18 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10) 19 Sec. 4-10. Except as herein provided, no person shall be 20 registered, unless he applies in person to a registration 21 officer, answers such relevant questions as may be asked of 22 him by the registration officer, and executes the affidavit 23 of registration. The registration officer shall require the 24 applicant to furnish two forms of identification, and except 25 in the case of a homeless individual, one of which must 26 include his or her residence address. These forms of 27 identification shall include, but not be limited to, any of 28 the following: driver's license, social security card, public 29 aid identification card, utility bill, employee or student 30 identification card, credit card, or a civic, union or 31 professional association membership card. The registration 32 officer shall require a homeless individual to furnish 33 evidence of his or her use of the mailing address stated. SB745 Engrossed -45- LRB9101253EGfg 1 This use may be demonstrated by a piece of mail addressed to 2 that individual and received at that address or by a 3 statement from a person authorizing use of the mailing 4 address. The registration officer shall require each 5 applicant for registration to read or have read to him the 6 affidavit of registration before permitting him to execute 7 the affidavit. 8 One of the registration officers or a deputy registration 9 officer, county clerk, or clerk in the office of the county 10 clerk, shall administer to all persons who shall personally 11 apply to register the following oath or affirmation: 12 "You do solemnly swear (or affirm) that you will fully 13 and truly answer all such questions as shall be put to you 14 touching your name, place of residence, place of birth, your 15 qualifications as an elector and your right as such to 16 register and vote under the laws of the State of Illinois." 17 The registration officer shall satisfy himself that each 18 applicant for registration is qualified to register before 19 registering him. If the registration officer has reason to 20 believe that the applicant is a resident of a Soldiers' and 21 Sailors' Home or any facility which is licensed or certified 22 pursuant to the Nursing Home Care Act, the following question 23 shall be put, "When you entered the home which is your 24 present address, was it your bona fide intention to become a 25 resident thereof?" Any voter of a township, city, village or 26 incorporated town in which such applicant resides, shall be 27 permitted to be present at the place of any precinct 28 registration and shall have the right to challenge any 29 applicant who applies to be registered. 30 In case the officer is not satisfied that the applicant 31 is qualified he shall forthwith notify such applicant in 32 writing to appear before the county clerk to complete his 33 registration. Upon the card of such applicant shall be 34 written the word "incomplete" and no such applicant shall be SB745 Engrossed -46- LRB9101253EGfg 1 permitted to vote unless such registration is satisfactorily 2 completed as hereinafter provided. No registration shall be 3 taken and marked as incomplete if information to complete it 4 can be furnished on the date of the original application. 5 Any person claiming to be an elector in any election 6 precinct and whose registration card is marked "Incomplete" 7 may make and sign an application in writing, under oath, to 8 the county clerk in substance in the following form: 9 "I do solemnly swear that I, ...., did on (insert date) 10....make application to the board of registry of the .... 11 precinct of the township of .... (or to the county clerk of 12 .... county) and that said board or clerk refused to complete 13 my registration as a qualified voter in said precinct. That 14 I reside in said precinct, that I intend to reside in said 15 precinct, and am a duly qualified voter of said precinct and 16 am entitled to be registered to vote in said precinct at the 17 next election. 18 (Signature of applicant) ............................." 19 All such applications shall be presented to the county 20 clerk or to his duly authorized representative by the 21 applicant, in person between the hours of 9:00 a.m. and 5:00 22 p.m. on any day after the days on which the 1969 and 1970 23 precinct re-registrations are held but not on any day within 24 28 days preceding the ensuing general election and thereafter 25 for the registration provided in Section 4-7 all such 26 applications shall be presented to the county clerk or his 27 duly authorized representative by the applicant in person 28 between the hours of 9:00 a.m. and 5:00 p.m. on any day prior 29 to 28 days preceding the ensuing general election. Such 30 application shall be heard by the county clerk or his duly 31 authorized representative at the time the application is 32 presented. If the applicant for registration has registered 33 with the county clerk, such application may be presented to 34 and heard by the county clerk or by his duly authorized SB745 Engrossed -47- LRB9101253EGfg 1 representative upon the dates specified above or at any time 2 prior thereto designated by the county clerk. 3 Any otherwise qualified person who is absent from his 4 county of residence either due to business of the United 5 States or because he is temporarily outside the territorial 6 limits of the United States may become registered by mailing 7 an application to the county clerk within the periods of 8 registration provided for in this Article, or by simultaneous 9 application for absentee registration and absentee ballot as 10 provided in Article 20 of this Code. 11 Upon receipt of such application the county clerk shall 12 immediately mail an affidavit of registration in duplicate, 13 which affidavit shall contain the following and such other 14 information as the State Board of Elections may think it 15 proper to require for the identification of the applicant: 16 Name. The name of the applicant, giving surname and 17 first or Christian name in full, and the middle name or the 18 initial for such middle name, if any. 19 Sex. 20 Residence. The name and number of the street, avenue or 21 other location of the dwelling, and such additional clear and 22 definite description as may be necessary to determine the 23 exact location of the dwelling of the applicant. Where the 24 location cannot be determined by street and number, then the 25 Section, congressional township and range number may be used, 26 or such other information as may be necessary, including post 27 office mailing address. 28 Term of residence in the State of Illinois and the 29 precinct. 30 Nativity. The State or country in which the applicant 31 was born. 32 Citizenship. Whether the applicant is native born or 33 naturalized. If naturalized, the court, place and date of 34 naturalization. SB745 Engrossed -48- LRB9101253EGfg 1 Age. Date of birth, by month, day and year. 2 Out of State address of .......................... 3 AFFIDAVIT OF REGISTRATION 4 State of ...........) 5 )ss 6 County of ..........) 7 I hereby swear (or affirm) that I am a citizen of the 8 United States; that on the day of the next election I shall 9 have resided in the State of Illinois and in the election 10 precinct 30 days; that I am fully qualified to vote, that I 11 am not registered to vote anywhere else in the United States, 12 that I intend to remain a resident of the State of Illinois 13 and of the election precinct, that I intend to return to the 14 State of Illinois, and that the above statements are true. 15 .............................. 16 (His or her signature or mark) 17 Subscribed and sworn to before me, an officer qualified 18 to administer oaths, on (insert date).this ..... day of19..... 19 ...20 ........................................ 21 Signature of officer administering oath. 22 Upon receipt of the executed duplicate affidavit of 23 Registration, the county clerk shall transfer the information 24 contained thereon to duplicate Registration Cards provided 25 for in Section 4-8 of this Article and shall attach thereto a 26 copy of each of the duplicate affidavit of registration and 27 thereafter such registration card and affidavit shall 28 constitute the registration of such person the same as if he 29 had applied for registration in person. 30 (Source: P.A. 86-820; 87-1241; revised 10-20-98.) 31 (10 ILCS 5/4-12) (from Ch. 46, par. 4-12) 32 Sec. 4-12. Any voter or voters in the township, city, 33 village or incorporated town containing such precinct, and SB745 Engrossed -49- LRB9101253EGfg 1 any precinct committeeman in the county, may, between the 2 hours of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the 3 second week prior to the week in which the 1970 primary 4 election for the nomination of candidates for State and 5 county offices or any election thereafter is to be held, make 6 application in writing, to the county clerk, to have any name 7 upon the register of any precinct erased. Such application 8 shall be, in substance, in the words and figures following: 9 "I being a qualified voter, registered from No. .... 10 Street in the .... precinct of the .... ward of the city 11 (village or town of) .... (or of the .... town of ....) do 12 hereby solemnly swear (or affirm) that .... registered from 13 No. .... Street is not a qualified voter in the .... precinct 14 of .... ward of the city (village or town) of .... (or of the 15 .... town of ....) and hence I ask that his name be erased 16 from the register of such precinct for the following reason 17 ..... 18 Affiant further says that he has personal knowledge of 19 the facts set forth in the above affidavit. 20 (Signed) ..... 21 Subscribed and sworn to before me on (insert date).this22.... day of ...., 19...23 .... 24 .... 25 ....." 26 Such application shall be signed and sworn to by the 27 applicant before the county clerk or any deputy authorized by 28 the county clerk for that purpose, and filed with said clerk. 29 Thereupon notice of such application, and of the time and 30 place of hearing thereon, with a demand to appear before the 31 county clerk and show cause why his name shall not be erased 32 from said register, shall be mailed, in an envelope duly 33 stamped and directed to such person at the address upon said 34 register, at least four days before the day fixed in said SB745 Engrossed -50- LRB9101253EGfg 1 notice to show cause. 2 A like notice shall be mailed to the person or persons 3 making the application to have the name upon such register 4 erased to appear and show cause why said name should be 5 erased, the notice to set out the day and hour of such 6 hearing. If the voter making such application fails to appear 7 before said clerk at the time set for the hearing as fixed in 8 the said notice or fails to show cause why the name upon such 9 register shall be erased, the application to erase may be 10 dismissed by the county clerk. 11 Any voter making the application is privileged from 12 arrest while presenting it to the county clerk, and while 13 going to and from the office of the county clerk. 14 (Source: P.A. 84-551; revised 10-20-98.) 15 (10 ILCS 5/4-23) (from Ch. 46, par. 4-23) 16 Sec. 4-23. The provisions of this Article 4, so far as 17 they require the registration of voters as a condition to 18 their being allowed to vote, shall not apply to persons 19 otherwise entitled to vote, who are, at the time of the 20 election, or at any time within 60 days prior to such 21 election have been, engaged in the military or naval service 22 of the United States, and who appear personally at the 23 polling place on election day and produce to the judges of 24 election satisfactory evidence thereof, but such persons, if 25 otherwise qualified to vote, shall be permitted to vote at 26 such election without previous registration. 27 All such persons shall also make an affidavit which shall 28 be in substantially the following form: 29 "State of Illinois) 30 ) ss. 31 County of ........) 32 ............ Precinct ............ Ward 33 I, ..............., do solemnly swear (or affirm), that I SB745 Engrossed -51- LRB9101253EGfg 1 am a citizen of the United States, of the age of 18 years or 2 over, and that within the past 60 days prior to the date of 3 this election at which I am applying to vote, I have been 4 engaged in the .... (military or naval) service of the United 5 States; and I am qualified to vote under and by virtue of the 6 Constitution and laws of the State of Illinois, and that I am 7 a legally qualified voter of this precinct and ward except 8 that I have, because of such service, been unable to register 9 as a voter; that I now reside at .... (insert street and 10 number, if any) in this precinct and ward, that I have 11 maintained a legal residence in this precinct and ward for 30 12 days and in the State 30 days next preceding this election. 13 ...................... 14 Subscribed and sworn to before me on (insert date).this15.... day of ...., 19...16 ...................... 17 Judge of Election." 18 The affidavit of any such person shall be supported by 19 the affidavit of a resident and qualified voter of any such 20 precinct and ward, which affidavit shall be in substantially 21 the following form: 22 "State of Illinois) 23 ) ss. 24 County of ........) 25 ................ Precinct ............... Ward 26 I, ...., do solemnly swear (or affirm), that I am a 27 resident of this precinct and ward and entitled to vote at 28 this election; that I am acquainted with .... (name of the 29 applicant); that I verily believe him or her to be an actual 30 bona fide resident of this precinct and ward and that I 31 verily believe that he or she has maintained a legal 32 residence therein 30 days, and in this State 30 days next 33 preceding this election. 34 ...................... SB745 Engrossed -52- LRB9101253EGfg 1 Subscribed and sworn to before me on (insert date).this2.... day of ...., 19...3 ...................... 4 Judge of Election." 5 (Source: P.A. 84- 551; revised 10-20-98.) 6 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7) 7 Sec. 5-7. The county clerk shall provide a sufficient 8 number of blank forms for the registration of electors which 9 shall be known as registration record cards and which shall 10 consist of loose leaf sheets or cards, of suitable size to 11 contain in plain writing and figures the data hereinafter 12 required thereon or shall consist of computer cards of 13 suitable nature to contain the data required thereon. The 14 registration record cards, which shall include an affidavit 15 of registration as hereinafter provided, shall be executed in 16 duplicate. 17 The registration record card shall contain the following 18 and such other information as the county clerk may think it 19 proper to require for the identification of the applicant for 20 registration: 21 Name. The name of the applicant, giving surname and 22 first or Christian name in full, and the middle name or the 23 initial for such middle name, if any. 24 Sex. 25 Residence. The name and number of the street, avenue, or 26 other location of the dwelling, including the apartment, unit 27 or room number, if any, and in the case of a mobile home the 28 lot number, and such additional clear and definite 29 description as may be necessary to determine the exact 30 location of the dwelling of the applicant, including 31 post-office mailing address. In the case of a homeless 32 individual, the individual's voting residence that is his or 33 her mailing address shall be included on his or her SB745 Engrossed -53- LRB9101253EGfg 1 registration record card. 2 Term of residence in the State of Illinois and the 3 precinct. Which questions may be answered by the applicant 4 stating, in excess of 30 days in the State and in excess of 5 30 days in the precinct. 6 Nativity. The State or country in which the applicant 7 was born. 8 Citizenship. Whether the applicant is native born or 9 naturalized. If naturalized, the court, place and date of 10 naturalization. 11 Date of application for registration, i.e., the day, 12 month and year when applicant presented himself for 13 registration. 14 Age. Date of birth, by month, day and year. 15 Physical disability of the applicant, if any, at the time 16 of registration, which would require assistance in voting. 17 The county and state in which the applicant was last 18 registered. 19 Signature of voter. The applicant, after the 20 registration and in the presence of a deputy registrar or 21 other officer of registration shall be required to sign his 22 or her name in ink to the affidavit on the original and 23 duplicate registration record card. 24 Signature of Deputy Registrar. 25 In case applicant is unable to sign his name, he may 26 affix his mark to the affidavit. In such case the officer 27 empowered to give the registration oath shall write a 28 detailed description of the applicant in the space provided 29 at the bottom of the card or sheet; and shall ask the 30 following questions and record the answers thereto: 31 Father's first name ....................... 32 Mother's first name ....................... 33 From what address did you last register? 34 Reason for inability to sign name. SB745 Engrossed -54- LRB9101253EGfg 1 Each applicant for registration shall make an affidavit 2 in substantially the following form: 3 AFFIDAVIT OF REGISTRATION 4 State of Illinois) 5 )ss 6 County of ) 7 I hereby swear (or affirm) that I am a citizen of the 8 United States; that on the date of the next election I shall 9 have resided in the State of Illinois and in the election 10 precinct in which I reside 30 days; that I am fully qualified 11 to vote. That I intend that this location shall be my 12 residence and that the above statements are true. 13 .............................. 14 (His or her signature or mark) 15 Subscribed and sworn to before me on (insert date).this16.... day of...., 19...17 ......................................... 18 Signature of Registration Officer. 19 (To be signed in presence of Registrant.) 20 Space shall be provided upon the face of each 21 registration record card for the notation of the voting 22 record of the person registered thereon. 23 Each registration record card shall be numbered according 24 to towns and precincts, wards, cities and villages, as the 25 case may be, and may be serially or otherwise marked for 26 identification in such manner as the county clerk may 27 determine. 28 The registration cards shall be deemed public records and 29 shall be open to inspection during regular business hours, 30 except during the 28 days immediately preceding any election. 31 On written request of any candidate or objector or any person 32 intending to object to a petition, the election authority 33 shall extend its hours for inspection of registration cards 34 and other records of the election authority during the period SB745 Engrossed -55- LRB9101253EGfg 1 beginning with the filing of petitions under Sections 7-10, 2 8-8, 10-6 or 28-3 and continuing through the termination of 3 electoral board hearings on any objections to petitions 4 containing signatures of registered voters in the 5 jurisdiction of the election authority. The extension shall 6 be for a period of hours sufficient to allow adequate 7 opportunity for examination of the records but the election 8 authority is not required to extend its hours beyond the 9 period beginning at its normal opening for business and 10 ending at midnight. If the business hours are so extended, 11 the election authority shall post a public notice of such 12 extended hours. Registration record cards may also be 13 inspected, upon approval of the officer in charge of the 14 cards, during the 28 days immediately preceding any election. 15 Registration record cards shall also be open to inspection by 16 certified judges and poll watchers and challengers at the 17 polling place on election day, but only to the extent 18 necessary to determine the question of the right of a person 19 to vote or to serve as a judge of election. At no time shall 20 poll watchers or challengers be allowed to physically handle 21 the registration record cards. 22 Updated copies of computer tapes or computer discs or 23 other electronic data processing information containing voter 24 registration information shall be furnished by the county 25 clerk within 10 days after December 15 and May 15 each year 26 to the State Board of Elections in a form prescribed by the 27 Board. Registration information shall include, but not be 28 limited to, the following information: name, sex, residence, 29 telephone number, if any, age, party affiliation, if 30 applicable, precinct, ward, township, county, and 31 representative, legislative and congressional districts. In 32 the event of noncompliance, the State Board of Elections is 33 directed to obtain compliance forthwith with this 34 nondiscretionary duty of the election authority by SB745 Engrossed -56- LRB9101253EGfg 1 instituting legal proceedings in the circuit court of the 2 county in which the election authority maintains the 3 registration information. The costs of furnishing updated 4 copies of tapes or discs shall be paid at a rate of $.00034 5 per name of registered voters in the election jurisdiction, 6 but not less than $50 per tape or disc and shall be paid from 7 appropriations made to the State Board of Elections for 8 reimbursement to the election authority for such purpose. The 9 Board shall furnish copies of such tapes, discs, other 10 electronic data or compilations thereof to state political 11 committees registered pursuant to the Illinois Campaign 12 Finance Act or the Federal Election Campaign Act at their 13 request and at a reasonable cost. Copies of the tapes, discs 14 or other electronic data shall be furnished by the county 15 clerk to local political committees at their request and at a 16 reasonable cost. Reasonable cost of the tapes, discs, et 17 cetera for this purpose would be the cost of duplication plus 18 15% for administration. The individual representing a 19 political committee requesting copies of such tapes shall 20 make a sworn affidavit that the information shall be used 21 only for bona fide political purposes, including by or for 22 candidates for office or incumbent office holders. Such 23 tapes, discs or other electronic data shall not be used under 24 any circumstances by any political committee or individuals 25 for purposes of commercial solicitation or other business 26 purposes. If such tapes contain information on county 27 residents related to the operations of county government in 28 addition to registration information, that information shall 29 not be used under any circumstances for commercial 30 solicitation or other business purposes. The prohibition in 31 this Section against using the computer tapes or computer 32 discs or other electronic data processing information 33 containing voter registration information for purposes of 34 commercial solicitation or other business purposes shall be SB745 Engrossed -57- LRB9101253EGfg 1 prospective only from the effective date of this amended Act 2 of 1979. Any person who violates this provision shall be 3 guilty of a Class 4 felony. 4 The State Board of Elections shall promulgate, by October 5 1, 1987, such regulations as may be necessary to ensure 6 uniformity throughout the State in electronic data processing 7 of voter registration information. The regulations shall 8 include, but need not be limited to, specifications for 9 uniform medium, communications protocol and file structure to 10 be employed by the election authorities of this State in the 11 electronic data processing of voter registration information. 12 Each election authority utilizing electronic data processing 13 of voter registration information shall comply with such 14 regulations on and after May 15, 1988. 15 If the applicant for registration was last registered in 16 another county within this State, he shall also sign a 17 certificate authorizing cancellation of the former 18 registration. The certificate shall be in substantially the 19 following form: 20 To the County Clerk of .... County, Illinois. To the Election 21 Commission of the City of ...., Illinois. 22 This is to certify that I am registered in your (county) 23 (city) and that my residence was ..... 24 Having moved out of your (county) (city), I hereby 25 authorize you to cancel said registration in your office. 26 Dated at .... Illinois, on (insert date).this.... day27of...., 19...28 .................... 29 (Signature of Voter) 30 Attest ......, County Clerk, ........ County, Illinois. 31 The cancellation certificate shall be mailed immediately 32 by the county clerk to the county clerk (or election 33 commission as the case may be) where the applicant was 34 formerly registered. Receipt of such certificate shall be SB745 Engrossed -58- LRB9101253EGfg 1 full authority for cancellation of any previous registration. 2 (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.) 3 (10 ILCS 5/5-9) (from Ch. 46, par. 5-9) 4 Sec. 5-9. Except as herein provided, no person shall be 5 registered unless he applies in person to registration 6 officer, answers such relevant questions as may be asked of 7 him by the registration officer, and executes the affidavit 8 of registration. The registration officer shall require the 9 applicant to furnish two forms of identification, and except 10 in the case of a homeless individual, one of which must 11 include his or her residence address. These forms of 12 identification shall include, but not be limited to, any of 13 the following: driver's license, social security card, public 14 aid identification card, utility bill, employee or student 15 identification card, credit card, or a civic, union or 16 professional association membership card. The registration 17 officer shall require a homeless individual to furnish 18 evidence of his or her use of the mailing address stated. 19 This use may be demonstrated by a piece of mail addressed to 20 that individual and received at that address or by a 21 statement from a person authorizing use of the mailing 22 address. The registration officer shall require each 23 applicant for registration to read or have read to him the 24 affidavit of registration before permitting him to execute 25 the affidavit. 26 One of the Deputy Registrars, the Judge of Registration, 27 or an Officer of Registration, County Clerk, or clerk in the 28 office of the County Clerk, shall administer to all persons 29 who shall personally apply to register the following oath or 30 affirmation: 31 "You do solemnly swear (or affirm) that you will fully 32 and truly answer all such questions as shall be put to you 33 touching your place of residence, name, place of birth, your SB745 Engrossed -59- LRB9101253EGfg 1 qualifications as an elector and your right as such to 2 register and vote under the laws of the State of Illinois." 3 The Registration Officer shall satisfy himself that each 4 applicant for registration is qualified to register before 5 registering him. If the registration officer has reason to 6 believe that the applicant is a resident of a Soldiers' and 7 Sailors' Home or any facility which is licensed or certified 8 pursuant to the Nursing Home Care Act, the following question 9 shall be put, "When you entered the home which is your 10 present address, was it your bona fide intention to become a 11 resident thereof?" Any voter of a township, city, village or 12 incorporated town in which such applicant resides, shall be 13 permitted to be present at the place of precinct 14 registration, and shall have the right to challenge any 15 applicant who applies to be registered. 16 In case the officer is not satisfied that the applicant 17 is qualified, he shall forthwith in writing notify such 18 applicant to appear before the County Clerk to furnish 19 further proof of his qualifications. Upon the card of such 20 applicant shall be written the word "Incomplete" and no such 21 applicant shall be permitted to vote unless such registration 22 is satisfactorily completed as hereinafter provided. No 23 registration shall be taken and marked as "incomplete" if 24 information to complete it can be furnished on the date of 25 the original application. 26 Any person claiming to be an elector in any election 27 precinct in such township, city, village or incorporated town 28 and whose registration is marked "Incomplete" may make and 29 sign an application in writing, under oath, to the County 30 Clerk in substance in the following form: 31 "I do solemnly swear that I, .........., did on (insert 32 date)...........make application to the Board of Registry 33 of the ........ precinct of ........ ward of the City of .... 34 or of the ......... District ......... Town of .......... (or SB745 Engrossed -60- LRB9101253EGfg 1 to the County Clerk of .............) and ............ 2 County; that said Board or Clerk refused to complete my 3 registration as a qualified voter in said precinct, that I 4 reside in said precinct (or that I intend to reside in said 5 precinct), am a duly qualified voter and entitled to vote in 6 said precinct at the next election. 7 ........................... 8 (Signature of Applicant)" 9 All such applications shall be presented to the County 10 Clerk by the applicant, in person between the hours of nine 11 o'clock a.m. and five o'clock p.m., on Monday and Tuesday of 12 the third week subsequent to the weeks in which the 1961 and 13 1962 precinct re-registrations are to be held, and thereafter 14 for the registration provided in Section 5-17 of this 15 Article, all such applications shall be presented to the 16 County Clerk by the applicant in person between the hours of 17 nine o'clock a.m. and nine o'clock p.m. on Monday and Tuesday 18 of the third week prior to the date on which such election is 19 to be held. 20 Any otherwise qualified person who is absent from his 21 county of residence either due to business of the United 22 States or because he is temporarily outside the territorial 23 limits of the United States may become registered by mailing 24 an application to the county clerk within the periods of 25 registration provided for in this Article or by simultaneous 26 application for absentee registration and absentee ballot as 27 provided in Article 20 of this Code. 28 Upon receipt of such application the county clerk shall 29 immediately mail an affidavit of registration in duplicate, 30 which affidavit shall contain the following and such other 31 information as the State Board of Elections may think it 32 proper to require for the identification of the applicant: 33 Name. The name of the applicant, giving surname and 34 first or Christian name in full, and the middle name or the SB745 Engrossed -61- LRB9101253EGfg 1 initial for such middle name, if any. 2 Sex. 3 Residence. The name and number of the street, avenue or 4 other location of the dwelling, and such additional clear and 5 definite description as may be necessary to determine the 6 exact location of the dwelling of the applicant. Where the 7 location cannot be determined by street and number, then the 8 Section, congressional township and range number may be used, 9 or such other information as may be necessary, including post 10 office mailing address. 11 Term of residence in the State of Illinois and the 12 precinct. 13 Nativity. The State or country in which the applicant 14 was born. 15 Citizenship. Whether the applicant is native born or 16 naturalized. If naturalized, the court, place and date of 17 naturalization. 18 Age. Date of birth, by month, day and year. 19 Out of State address of .......................... 20 AFFIDAVIT OF REGISTRATION 21 State of .........) 22 )ss 23 County of ........) 24 I hereby swear (or affirm) that I am a citizen of the 25 United States; that on the day of the next election I shall 26 have resided in the State of Illinois for 6 months and in the 27 election precinct 30 days; that I am fully qualified to vote, 28 that I am not registered to vote anywhere else in the United 29 States, that I intend to remain a resident of the State of 30 Illinois and of the election precinct, that I intend to 31 return to the State of Illinois, and that the above 32 statements are true. 33 .............................. 34 (His or her signature or mark) SB745 Engrossed -62- LRB9101253EGfg 1 Subscribed and sworn to before me, an officer qualified 2 to administer oaths, on (insert date).this ...... day of3..... 19 ...4 ........................................ 5 Signature of officer administering oath. 6 Upon receipt of the executed duplicate affidavit of 7 Registration, the county clerk shall transfer the information 8 contained thereon to duplicate Registration Cards provided 9 for in Section 5-7 of this Article and shall attach thereto a 10 copy of each of the duplicate affidavit of registration and 11 thereafter such registration card and affidavit shall 12 constitute the registration of such person the same as if he 13 had applied for registration in person. 14 (Source: P.A. 86-820; 87-1241; revised 10-20-98.) 15 (10 ILCS 5/5-15) (from Ch. 46, par. 5-15) 16 Sec. 5-15. Any voter or voters in the township, city, 17 village, or incorporated town containing such precinct, and 18 any precinct committeeman in the county, may, between the 19 hours of nine o'clock a.m. and six o'clock p.m. of the Monday 20 and Tuesday of the third week immediately preceding the week 21 in which such April 10, 1962 Primary Election is to be held, 22 make application in writing, before such County Clerk, to 23 have any name upon such register of any precinct erased. 24 Thereafter such application shall be made between the hours 25 of nine o'clock a.m. and six o'clock p.m. of Monday and 26 Tuesday of the second week prior to the week in which any 27 county, city, village, township, or incorporated town 28 election is to be held. Such application shall be in 29 substance, in the words and figures following: 30 "I, being a qualified voter, registered from No. .... 31 Street in the .... precinct of the .... Ward of the city 32 (village or town of .... ) of the .... District .... town of 33 .... do hereby solemnly swear (or affirm) that .... SB745 Engrossed -63- LRB9101253EGfg 1 registered from No. .... Street is not a qualified voter in 2 the .... precinct of the .... ward of the city (village or 3 town) of .... or of the .... district town of .... hence I 4 ask that his name be erased from the register of such 5 precinct for the following reason ..... Affiant further says 6 that he has personal knowledge of the facts set forth in the 7 above affidavit. 8 (Signed) ..... 9 Subscribed and sworn to before me on (insert date).this10.... day of ...., 19...11 .... 12 .... 13 ...." 14 Such application shall be signed and sworn to by the 15 applicant before the County Clerk or any Deputy authorized by 16 the County Clerk for that purpose, and filed with the Clerk. 17 Thereupon notice of such application, with a demand to appear 18 before the County Clerk and show cause why his name shall not 19 be erased from the register, shall be mailed by special 20 delivery, duly stamped and directed, to such person, to the 21 address upon said register at least 4 days before the day 22 fixed in said notice to show cause. 23 A like notice shall be mailed to the person or persons 24 making the application to have the name upon such register 25 erased to appear and show cause why the name should be 26 erased, the notice to set out the day and hour of such 27 hearing. If the voter making such application fails to appear 28 before the Clerk at the time set for the hearing as fixed in 29 the said notice or fails to show cause why the name upon such 30 register shall be erased, the application may be dismissed by 31 the County Clerk. 32 Any voter making such application or applications shall 33 be privileged from arrest while presenting the same to the 34 County Clerk, and whilst going to and returning from the SB745 Engrossed -64- LRB9101253EGfg 1 office of the County Clerk. 2 (Source: P.A. 84-551; revised 10-20-98.) 3 (10 ILCS 5/5-29.01) (from Ch. 46, par. 5-29.01) 4 Sec. 5-29.01. The provisions of this Article 5, so far 5 as they require the registration of voters as a condition to 6 their being allowed to vote shall not apply to persons 7 otherwise entitled to vote, who are, at the time of the 8 election, or at any time within 60 days prior to such 9 election, have been engaged in the military or naval service 10 of the United States, and who appear personally at the 11 polling place on election day and produce to the judges of 12 election satisfactory evidence thereof, but such persons, if 13 otherwise qualified to vote, shall be permitted to vote at 14 such election without previous registration. 15 All such persons shall also make an affidavit which shall 16 be in substantially the following form: 17 "State of Illinois) 18 )ss. 19 County of ........) 20 .............. Precinct .............. Ward 21 I, ...., do solemnly swear (or affirm), that I am a 22 citizen of the United States, of the age of 18 years or over, 23 and that within the past 60 days prior to the date of this 24 election at which I am applying to vote, I have been engaged 25 in the .... (military or naval) service of the United States; 26 and I am qualified to vote under and by virtue of the 27 Constitution and laws of the State of Illinois, and that I am 28 a legally qualified voter of this precinct and ward except 29 that I have, because of such service, been unable to register 30 as a voter; that I now reside at .... (insert street and 31 number, if any) in this precinct and ward, that I have 32 maintained a legal residence in this precinct and ward for 30 33 days and in the State 30 days next preceding this election. SB745 Engrossed -65- LRB9101253EGfg 1 ........................... 2 Subscribed and sworn to before me on (insert date).this3.... day of ...., 19...4 ........................... 5 Judge of Election." 6 The affidavit of any such person shall be supported by 7 the affidavit of a resident and qualified voter of any such 8 precinct and ward, which affidavit shall be in substantially 9 the following form: 10 "State of Illinois) 11 )ss. 12 County of ........) 13 ............. Precinct ........... Ward 14 I, ...., do solemnly swear (or affirm), that I am a 15 resident of this precinct and ward and entitled to vote at 16 this election; that I am acquainted with .... (name of the 17 applicant); that I verily believe him to be an actual bona 18 fide resident of this precinct and ward and that I verily 19 believe that he has maintained a legal residence therein 30 20 days and in this State 30 days next preceding this election. 21 ................... 22 Subscribed and sworn to before me on (insert date).this23.... day of ...., 19...24 ................... 25 Judge of Election." 26 The provisions of this Article 5, so far as they require 27 the registration of voters as a condition to their being 28 allowed to vote shall not apply to persons otherwise entitled 29 to vote who have made and subscribed to the affidavit 30 provided in paragraph (b) of Section 17-10 of this Act. 31 (Source: P.A. 84-551; revised 10-20-98.) 32 (10 ILCS 5/6-29) (from Ch. 46, par. 6-29) 33 Sec. 6-29. For the purpose of registering voters under SB745 Engrossed -66- LRB9101253EGfg 1 this Article, the office of the Board of Election 2 Commissioners shall be open during ordinary business hours of 3 each week day, from 9 a.m. to 12 o'clock noon on the last 4 four Saturdays immediately preceding the end of the period of 5 registration preceding each election, and such other days and 6 such other times as the board may direct. During the 28 days 7 immediately preceding any election there shall be no 8 registration of voters at the office of the Board of Election 9 Commissioners in cities, villages and incorporated towns of 10 fewer than 200,000 inhabitants. In cities, villages and 11 incorporated towns of 200,000 or more inhabitants, there 12 shall be no registration of voters at the office of the Board 13 of Election Commissioners during the 35 days immediately 14 preceding any election; provided, however, where no precinct 15 registration is being conducted prior to any election then 16 registration may be taken in the office of the Board up to 17 and including the 29th day prior to such election. The Board 18 of Election Commissioners may set up and establish as many 19 branch offices for the purpose of taking registrations as it 20 may deem necessary, and the branch offices may be open on any 21 or all dates and hours during which registrations may be 22 taken in the main office. All officers and employees of the 23 Board of Election Commissioners who are authorized by such 24 board to take registrations under this Article shall be 25 considered officers of the circuit court, and shall be 26 subject to the same control as is provided by Section 14-5 of 27 this Act with respect to judges of election. 28 In any election called for the submission of the revision 29 or alteration of, or the amendments to the Constitution, 30 submitted by a Constitutional Convention, the final day for 31 registration at the office of the election authority charged 32 with the printing of the ballot of this election shall be the 33 15th day prior to the date of election. 34 The Board of Election Commissioners shall appoint one or SB745 Engrossed -67- LRB9101253EGfg 1 more registration teams, consisting of 2 of its employees for 2 each team, for the purpose of accepting the registration of 3 any voter who files an affidavit, within the period for 4 taking registrations provided for in this article, that he is 5 physically unable to appear at the office of the Board or at 6 any appointed place of registration. On the day or days when 7 a precinct registration is being conducted such teams shall 8 consist of one member from each of the 2 leading political 9 parties who are serving on the Precinct Registration Board. 10 Each team so designated shall visit each disabled person and 11 shall accept the registration of such person the same as if 12 he had applied for registration in person. 13 Any otherwise qualified person who is absent from his 14 county of residence due to business of the United States, or 15 who is temporarily residing outside the territorial limits of 16 the United States, may make application to become registered 17 by mail to the Board of Election Commissioners within the 18 periods for registration provided for in this Article or by 19 simultaneous application for absentee registration and 20 absentee ballot as provided in Article 20 of this Code. 21 Upon receipt of such application the Board of Election 22 Commissioners shall immediately mail an affidavit of 23 registration in duplicate, which affidavit shall contain the 24 following and such other information as the State Board of 25 Elections may think it proper to require for the 26 identification of the applicant: 27 Name. The name of the applicant, giving surname and 28 first or Christian name in full, and the middle name or the 29 initial for such middle name, if any. 30 Sex. 31 Residence. The name and number of the street, avenue or 32 other location of the dwelling, and such additional clear and 33 definite description as may be necessary to determine the 34 exact location of the dwelling of the applicant. Where the SB745 Engrossed -68- LRB9101253EGfg 1 location cannot be determined by street and number, then the 2 section, congressional township and range number may be used, 3 or such other information as may be necessary, including post 4 office mailing address. 5 Term of residence in the State of Illinois and the 6 precinct. 7 Nativity. The state or country in which the applicant 8 was born. 9 Citizenship. Whether the applicant is native born or 10 naturalized. If naturalized, the court, place and date of 11 naturalization. 12 Age. Date of birth, by month, day and year. 13 Out of State address of .................. 14 AFFIDAVIT OF REGISTRATION 15 State of .........) 16 ) ss. 17 County of ........) 18 I hereby swear (or affirm) that I am a citizen of the 19 United States; that on the day of the next election I shall 20 have resided in the State of Illinois and in the election 21 precinct 30 days; that I am fully qualified to vote, that I 22 am not registered to vote anywhere else in the United States, 23 that I intend to remain a resident of the State of Illinois, 24 and of the election precinct, that I intend to return to the 25 State of Illinois, and that the above statements are true. 26 .............................. 27 (His or her signature or mark) 28 Subscribed and sworn to before me, an officer qualified 29 to administer oaths, on (insert date).this ....... day of30....... 19 .......31 ........................................ 32 Signature of officer administering oath. 33 Upon receipt of the executed duplicate affidavit of 34 Registration, the Board of Election Commissioners shall SB745 Engrossed -69- LRB9101253EGfg 1 transfer the information contained thereon to duplicate 2 Registration Cards provided for in Section 6-35 of this 3 Article and shall attach thereto a copy of each of the 4 duplicate affidavit of registration and thereafter such 5 registration card and affidavit shall constitute the 6 registration of such person the same as if he had applied for 7 registration in person. 8 (Source: P.A. 81-953; revised 10-20-98.) 9 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35) 10 Sec. 6-35. The Boards of Election Commissioners shall 11 provide a sufficient number of blank forms for the 12 registration of electors which shall be known as registration 13 record cards and which shall consist of loose leaf sheets or 14 cards, of suitable size to contain in plain writing and 15 figures the data hereinafter required thereon or shall 16 consist of computer cards of suitable nature to contain the 17 data required thereon. The registration record cards, which 18 shall include an affidavit of registration as hereinafter 19 provided, shall be executed in duplicate. The duplicate of 20 which may be a carbon copy of the original or a copy of the 21 original made by the use of other method or material used for 22 making simultaneous true copies or duplications. 23 The registration record card shall contain the following 24 and such other information as the Board of Election 25 Commissioners may think it proper to require for the 26 identification of the applicant for registration: 27 Name. The name of the applicant, giving surname and 28 first or Christian name in full, and the middle name or the 29 initial for such middle name, if any. 30 Sex. 31 Residence. The name and number of the street, avenue, or 32 other location of the dwelling, including the apartment, unit 33 or room number, if any, and in the case of a mobile home the SB745 Engrossed -70- LRB9101253EGfg 1 lot number, and such additional clear and definite 2 description as may be necessary to determine the exact 3 location of the dwelling of the applicant, including 4 post-office mailing address. In the case of a homeless 5 individual, the individual's voting residence that is his or 6 her mailing address shall be included on his or her 7 registration record card. 8 Term of residence in the State of Illinois and the 9 precinct. 10 Nativity. The state or country in which the applicant 11 was born. 12 Citizenship. Whether the applicant is native born or 13 naturalized. If naturalized, the court, place, and date of 14 naturalization. 15 Date of application for registration, i.e., the day, 16 month and year when the applicant presented himself for 17 registration. 18 Age. Date of birth, by month, day and year. 19 Physical disability of the applicant, if any, at the time 20 of registration, which would require assistance in voting. 21 The county and state in which the applicant was last 22 registered. 23 Signature of voter. The applicant, after registration 24 and in the presence of a deputy registrar or other officer of 25 registration shall be required to sign his or her name in ink 26 to the affidavit on both the original and the duplicate 27 registration record card. 28 Signature of deputy registrar. 29 In case applicant is unable to sign his name, he may 30 affix his mark to the affidavit. In such case the 31 registration officer shall write a detailed description of 32 the applicant in the space provided at the bottom of the card 33 or sheet; and shall ask the following questions and record 34 the answers thereto: SB745 Engrossed -71- LRB9101253EGfg 1 Father's first name ......................... 2 Mother's first name ......................... 3 From what address did you last register? .... 4 Reason for inability to sign name ........... 5 Each applicant for registration shall make an affidavit 6 in substantially the following form: 7 AFFIDAVIT OF REGISTRATION 8 State of Illinois ) 9 )ss 10 County of ....... ) 11 I hereby swear (or affirm) that I am a citizen of the 12 United States, that on the day of the next election I shall 13 have resided in the State of Illinois and in the election 14 precinct 30 days and that I intend that this location is my 15 residence; that I am fully qualified to vote, and that the 16 above statements are true. 17 .............................. 18 (His or her signature or mark) 19 Subscribed and sworn to before me on (insert date). 20this.... day of...., 19...21 ...................................... 22 Signature of registration officer 23 (to be signed in presence of registrant). 24 Space shall be provided upon the face of each 25 registration record card for the notation of the voting 26 record of the person registered thereon. 27 Each registration record card shall be numbered according 28 to wards or precincts, as the case may be, and may be 29 serially or otherwise marked for identification in such 30 manner as the Board of Election Commissioners may determine. 31 The registration cards shall be deemed public records and 32 shall be open to inspection during regular business hours, 33 except during the 28 days immediately preceding any election. 34 On written request of any candidate or objector or any person SB745 Engrossed -72- LRB9101253EGfg 1 intending to object to a petition, the election authority 2 shall extend its hours for inspection of registration cards 3 and other records of the election authority during the period 4 beginning with the filing of petitions under Sections 7-10, 5 8-8, 10-6 or 28-3 and continuing through the termination of 6 electoral board hearings on any objections to petitions 7 containing signatures of registered voters in the 8 jurisdiction of the election authority. The extension shall 9 be for a period of hours sufficient to allow adequate 10 opportunity for examination of the records but the election 11 authority is not required to extend its hours beyond the 12 period beginning at its normal opening for business and 13 ending at midnight. If the business hours are so extended, 14 the election authority shall post a public notice of such 15 extended hours. Registration record cards may also be 16 inspected, upon approval of the officer in charge of the 17 cards, during the 28 days immediately preceding any election. 18 Registration record cards shall also be open to inspection by 19 certified judges and poll watchers and challengers at the 20 polling place on election day, but only to the extent 21 necessary to determine the question of the right of a person 22 to vote or to serve as a judge of election. At no time shall 23 poll watchers or challengers be allowed to physically handle 24 the registration record cards. 25 Updated copies of computer tapes or computer discs or 26 other electronic data processing information containing voter 27 registration information shall be furnished by the Board of 28 Election Commissioners within 10 days after December 15 and 29 May 15 each year to the State Board of Elections in a form 30 prescribed by the State Board. Registration information 31 shall include, but not be limited to, the following 32 information: name, sex, residence, telephone number, if any, 33 age, party affiliation, if applicable, precinct, ward, 34 township, county, and representative, legislative and SB745 Engrossed -73- LRB9101253EGfg 1 congressional districts. In the event of noncompliance, the 2 State Board of Elections is directed to obtain compliance 3 forthwith with this nondiscretionary duty of the election 4 authority by instituting legal proceedings in the circuit 5 court of the county in which the election authority maintains 6 the registration information. The costs of furnishing 7 updated copies of tapes or discs shall be paid at a rate of 8 $.00034 per name of registered voters in the election 9 jurisdiction, but not less than $50 per tape or disc and 10 shall be paid from appropriations made to the State Board of 11 Elections for reimbursement to the election authority for 12 such purpose. The State Board shall furnish copies of such 13 tapes, discs, other electronic data or compilations thereof 14 to state political committees registered pursuant to the 15 Illinois Campaign Finance Act or the Federal Election 16 Campaign Act at their request and at a reasonable cost. 17 Copies of the tapes, discs or other electronic data shall be 18 furnished by the Board of Election Commissioners to local 19 political committees at their request and at a reasonable 20 cost. Reasonable cost of the tapes, discs, et cetera for 21 this purpose would be the cost of duplication plus 15% for 22 administration. The individual representing a political 23 committee requesting copies of such tapes shall make a sworn 24 affidavit that the information shall be used only for bona 25 fide political purposes, including by or for candidates for 26 office or incumbent office holders. Such tapes, discs or 27 other electronic data shall not be used under any 28 circumstances by any political committee or individuals for 29 purposes of commercial solicitation or other business 30 purposes. If such tapes contain information on county 31 residents related to the operations of county government in 32 addition to registration information, that information shall 33 not be used under any circumstances for commercial 34 solicitation or other business purposes. The prohibition in SB745 Engrossed -74- LRB9101253EGfg 1 this Section against using the computer tapes or computer 2 discs or other electronic data processing information 3 containing voter registration information for purposes of 4 commercial solicitation or other business purposes shall be 5 prospective only from the effective date of this amended Act 6 of 1979. Any person who violates this provision shall be 7 guilty of a Class 4 felony. 8 The State Board of Elections shall promulgate, by October 9 1, 1987, such regulations as may be necessary to ensure 10 uniformity throughout the State in electronic data processing 11 of voter registration information. The regulations shall 12 include, but need not be limited to, specifications for 13 uniform medium, communications protocol and file structure to 14 be employed by the election authorities of this State in the 15 electronic data processing of voter registration information. 16 Each election authority utilizing electronic data processing 17 of voter registration information shall comply with such 18 regulations on and after May 15, 1988. 19 If the applicant for registration was last registered in 20 another county within this State, he shall also sign a 21 certificate authorizing cancellation of the former 22 registration. The certificate shall be in substantially the 23 following form: 24 To the County Clerk of .... County, Illinois. 25 To the Election Commission of the City of ...., Illinois. 26 This is to certify that I am registered in your (county) 27 (city) and that my residence was ..... Having moved out of 28 your (county), (city), I hereby authorize you to cancel that 29 registration in your office. 30 Dated at ...., Illinois, on (insert date).this.... day31of.... 19...32 .................... 33 (Signature of Voter) 34 Attest ...., Clerk, Election Commission of the City SB745 Engrossed -75- LRB9101253EGfg 1 of...., Illinois. 2 The cancellation certificate shall be mailed immediately 3 by the clerk of the Election Commission to the county clerk, 4 (or Election Commission as the case may be) where the 5 applicant was formerly registered. Receipt of such 6 certificate shall be full authority for cancellation of any 7 previous registration. 8 (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.) 9 (10 ILCS 5/6-44) (from Ch. 46, par. 6-44) 10 Sec. 6-44. Any voter or voters in the ward, village or 11 incorporated town containing such precinct, and any precinct 12 committeeman in the county, may, between the hours of nine 13 o'clock a.m. and six p.m. of Monday and Tuesday of the second 14 week prior to the week in which such election is to be held 15 make application in writing, before such board of election 16 commissioners, to have any name upon such register of any 17 precinct erased. However, in municipalities having a 18 population of more than 500,000 and having a board of 19 election commissioners (except as otherwise provided for such 20 municipalities in Section 6-60 of this Article) and in all 21 cities, villages and incorporated towns within the 22 jurisdiction of such board, such application shall be made 23 between the hours of nine o'clock a.m. and six o'clock p.m. 24 of Monday and Tuesday of the second week prior to the week in 25 which such election is to be held. Such application shall 26 be, in substance, in the words and figures following: 27 "I being a qualified voter, registered from No. .... 28 street in the .... precinct of the .... ward of the city 29 (village or town) of .... do hereby solemnly swear (or 30 affirm) that I have personal knowledge that .... registered 31 from No. .... street is not a qualified voter in the .... 32 precinct of the .... ward of the city (village or town) of 33 .... and hence I ask that his name be erased from the SB745 Engrossed -76- LRB9101253EGfg 1 register of such precinct for the following reason .... 2 Affiant further says that he has personal knowledge of 3 the facts set forth in the above affidavit. 4 (Signed).... 5 Subscribed and sworn to before me on (insert date). 6this.... day of...., 19...7 .... 8 ...." 9 Such application shall be signed and sworn to by the 10 applicant before any member of the board or the clerk thereof 11 and filed with said board. Thereupon notice of such 12 application, with a demand to appear before the board of 13 election commissioners and show cause why his name shall not 14 be erased from said register, shall be personally served upon 15 such person or left at his place of residence indicated in 16 such register, or in the case of a homeless individual, at 17 his or her mailing address, by a messenger of said board of 18 election commissioners, and, as to the manner and time of 19 serving such notice such messenger shall make affidavit; the 20 messenger shall also make affidavit of the fact in case he 21 cannot find such person or his place of residence, and that 22 he went to the place named on such register as his or her 23 place of residence. Such notice shall be served at least one 24 day before the time fixed for such party to show cause. 25 The commissioners shall also cause a like notice or 26 demand to be sent by mail duly stamped and directed, to such 27 person, to the address upon the register at least 2 days 28 before the day fixed in the notice to show cause. 29 A like notice shall be served on the person or persons 30 making the application to have the name upon such register 31 erased to appear and show cause why said name shall be 32 erased, the notice to set out the day and hour of such 33 hearing. If the voter making such application fails to appear 34 before said board at the time set for the hearing as fixed in SB745 Engrossed -77- LRB9101253EGfg 1 the notice or fails to show cause why the name upon such 2 register shall be erased, the application may be dismissed by 3 the board. 4 Any voter making such application or applications shall 5 be privileged from arrest while presenting the same to the 6 board of election commissioners, and while going to and 7 returning from the board of election commissioners. 8 (Source: P.A. 87-1241; revised 10-20-98.) 9 (10 ILCS 5/6-67.01) (from Ch. 46, par. 6-67.01) 10 Sec. 6-67.01. The provisions of this Article 6, so far 11 as they require the registration of voters as a condition to 12 their being allowed to vote shall not apply to persons 13 otherwise entitled to vote, who are, at the time of the 14 election, or at any time within 60 days prior to such 15 election have been engaged in the military or naval service 16 of the United States, and who appear personally at the 17 polling place on election day and produce to the judges of 18 election satisfactory evidence thereof, but such persons, if 19 otherwise qualified to vote, shall be permitted to vote at 20 such election without previous registration. 21 All such persons shall also make an affidavit which shall 22 be in substantially the following form: 23 "State of Illinois) 24 )ss. 25 County of ........) 26 ............ Precinct ........ Ward 27 I, ...., do solemnly swear (or affirm), that I am a 28 citizen of the United States, of the age of 18 years or over, 29 and that within the past 60 days prior to the date of this 30 election at which I am applying to vote, I have been engaged 31 in the .... (military or naval) service of the United States; 32 and I am qualified to vote under and by virtue of the 33 Constitution and laws of the State of Illinois, and that I am SB745 Engrossed -78- LRB9101253EGfg 1 a legally qualified voter of this precinct and ward except 2 that I have, because of such service, been unable to register 3 as a voter; that I now reside at .... (insert street and 4 number, if any) in this precinct and ward, and that I have 5 maintained a legal residence in this precinct and ward for 30 6 days and in the State 30 days next preceding this election. 7 ................... 8 Subscribed and sworn to before me on (insert date).this9.... day of ...., 19...10 ................... 11 Judge of Election." 12 The affidavit of any such person shall be supported by 13 the affidavit of a resident and qualified voter of such 14 precinct and ward, which affidavit shall be in substantially 15 the following form: 16 "State of Illinois) 17 )ss. 18 County of ........) 19 ............ Precinct ........ Ward 20 I, ..., do solemnly swear (or affirm), that I am a 21 resident of this precinct and ward and entitled to vote at 22 this election; that I am acquainted with .... (name of the 23 applicant); that I verily believe him to be an actual bona 24 fide resident of this precinct and ward and that I verily 25 believe that he has maintained a legal residence therein 30 26 days and in this State 30 days next preceding this election. 27 ................... 28 Subscribed and sworn to before me on (insert date).this29.... day of ...., 19...30 ................... 31 Judge of Election." 32 The provisions of this Article 6, so far as they require 33 the registration of voters as a condition to their being 34 allowed to vote shall not apply to persons otherwise entitled SB745 Engrossed -79- LRB9101253EGfg 1 to vote who have made and subscribed to the affidavit 2 provided in paragraph (b) of Section 17-10 of this Act. 3 (Source: P.A. 84-551; revised 10-20-98.) 4 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) 5 Sec. 7-10. The name of no candidate for nomination, or 6 State central committeeman, or township committeeman, or 7 precinct committeeman, or ward committeeman or candidate for 8 delegate or alternate delegate to national nominating 9 conventions, shall be printed upon the primary ballot unless 10 a petition for nomination has been filed in his behalf as 11 provided in this Article in substantially the following form: 12 We, the undersigned, members of and affiliated with the 13 .... party and qualified primary electors of the .... party, 14 in the .... of ...., in the county of .... and State of 15 Illinois, do hereby petition that the following named person 16 or persons shall be a candidate or candidates of the .... 17 party for the nomination for (or in case of committeemen for 18 election to) the office or offices hereinafter specified, to 19 be voted for at the primary election to be held on (insert 20 date).the .... day of ...., ....21 Name Office Address 22 John Jones Governor Belvidere, Ill. 23 Thomas Smith Attorney General Oakland, Ill. 24 Name.................. Address....................... 25 State of Illinois) 26 ) ss. 27 County of........) 28 I, ...., do hereby certify that I am a registered voter 29 and have been a registered voter at all times I have 30 circulated this petition, that I reside at No. .... street, 31 in the .... of ...., county of ...., and State of Illinois, 32 and that the signatures on this sheet were signed in my 33 presence, and are genuine, and that to the best of my SB745 Engrossed -80- LRB9101253EGfg 1 knowledge and belief the persons so signing were at the time 2 of signing the petitions qualified voters of the .... party, 3 and that their respective residences are correctly stated, as 4 above set forth. 5 ......................... 6 Subscribed and sworn to before me on (insert date).this7.... day of ...., ....8 ......................... 9 Each sheet of the petition other than the statement of 10 candidacy and candidate's statement shall be of uniform size 11 and shall contain above the space for signatures an 12 appropriate heading giving the information as to name of 13 candidate or candidates, in whose behalf such petition is 14 signed; the office, the political party represented and place 15 of residence; and the heading of each sheet shall be the 16 same. 17 Such petition shall be signed by qualified primary 18 electors residing in the political division for which the 19 nomination is sought in their own proper persons only and 20 opposite the signature of each signer, his residence address 21 shall be written or printed. The residence address required 22 to be written or printed opposite each qualified primary 23 elector's name shall include the street address or rural 24 route number of the signer, as the case may be, as well as 25 the signer's city, village or town. However the county or 26 city, village or town, and state of residence of the electors 27 may be printed on the petition forms where all of the 28 electors signing the petition reside in the same county or 29 city, village or town, and state. Standard abbreviations may 30 be used in writing the residence address, including street 31 number, if any. At the bottom of each sheet of such petition 32 shall be added a statement signed by a registered voter of 33 the political division, who has been a registered voter at 34 all times he or she circulated the petition, for which the SB745 Engrossed -81- LRB9101253EGfg 1 candidate is seeking a nomination, stating the street address 2 or rural route number of the voter, as the case may be, as 3 well as the voter's city, village or town; and certifying 4 that the signatures on that sheet of the petition were signed 5 in his presence; and either (1) indicating the dates on which 6 that sheet was circulated, or (2) indicating the first and 7 last dates on which the sheet was circulated, or (3) 8 certifying that none of the signatures on the sheet were 9 signed more than 90 days preceding the last day for the 10 filing of the petition, or more than 45 days preceding the 11 last day for filing of the petition in the case of political 12 party and independent candidates for single or multi-county 13 regional superintendents of schools in the 1994 general 14 primary election; and certifying that the signatures on the 15 sheet are genuine, and certifying that to the best of his 16 knowledge and belief the persons so signing were at the time 17 of signing the petitions qualified voters of the political 18 party for which a nomination is sought. Such statement shall 19 be sworn to before some officer authorized to administer 20 oaths in this State. 21 No petition sheet shall be circulated more than 90 days 22 preceding the last day provided in Section 7-12 for the 23 filing of such petition, or more than 45 days preceding the 24 last day for filing of the petition in the case of political 25 party and independent candidates for single or multi-county 26 regional superintendents of schools in the 1994 general 27 primary election. 28 The person circulating the petition, or the candidate on 29 whose behalf the petition is circulated, may strike any 30 signature from the petition, provided that; 31 (1) the person striking the signature shall initial 32 the petition at the place where the signature is struck; 33 and 34 (2) the person striking the signature shall sign a SB745 Engrossed -82- LRB9101253EGfg 1 certification listing the page number and line number of 2 each signature struck from the petition. Such 3 certification shall be filed as a part of the petition. 4 Such sheets before being filed shall be neatly fastened 5 together in book form, by placing the sheets in a pile and 6 fastening them together at one edge in a secure and suitable 7 manner, and the sheets shall then be numbered consecutively. 8 The sheets shall not be fastened by pasting them together end 9 to end, so as to form a continuous strip or roll. All 10 petition sheets which are filed with the proper local 11 election officials, election authorities or the State Board 12 of Elections shall be the original sheets which have been 13 signed by the voters and by the circulator thereof, and not 14 photocopies or duplicates of such sheets. Each petition must 15 include as a part thereof, a statement of candidacy for each 16 of the candidates filing, or in whose behalf the petition is 17 filed. This statement shall set out the address of such 18 candidate, the office for which he is a candidate, shall 19 state that the candidate is a qualified primary voter of the 20 party to which the petition relates and is qualified for the 21 office specified (in the case of a candidate for State's 22 Attorney it shall state that the candidate is at the time of 23 filing such statement a licensed attorney-at-law of this 24 State), shall state that he has filed (or will file before 25 the close of the petition filing period) a statement of 26 economic interests as required by the Illinois Governmental 27 Ethics Act, shall request that the candidate's name be placed 28 upon the official ballot, and shall be subscribed and sworn 29 to by such candidate before some officer authorized to take 30 acknowledgment of deeds in the State and shall be in 31 substantially the following form: 32 Statement of Candidacy 33 Name Address Office District Party 34 John Jones 102 Main St. Governor Statewide Republican SB745 Engrossed -83- LRB9101253EGfg 1 Belvidere, 2 Illinois 3 State of Illinois) 4 ) ss. 5 County of .......) 6 I, ...., being first duly sworn, say that I reside at 7 .... Street in the city (or village) of ...., in the county 8 of ...., State of Illinois; that I am a qualified voter 9 therein and am a qualified primary voter of the .... party; 10 that I am a candidate for nomination (for election in the 11 case of committeeman and delegates and alternate delegates) 12 to the office of .... to be voted upon at the primary 13 election to be held on (insert date);the .... day of ....,14....;that I am legally qualified (including being the holder 15 of any license that may be an eligibility requirement for the 16 office I seek the nomination for) to hold such office and 17 that I have filed (or I will file before the close of the 18 petition filing period) a statement of economic interests as 19 required by the Illinois Governmental Ethics Act and I hereby 20 request that my name be printed upon the official primary 21 ballot for nomination for (or election to in the case of 22 committeemen and delegates and alternate delegates) such 23 office. 24 Signed ...................... 25 Subscribed and sworn to (or affirmed) before me by ...., 26 who is to me personally known, on (insert date).this ....27day of ...., 19...28 Signed .................... 29 (Official Character) 30 (Seal, if officer has one.) 31 The petitions, when filed, shall not be withdrawn or 32 added to, and no signatures shall be revoked except by 33 revocation filed in writing with the State Board of SB745 Engrossed -84- LRB9101253EGfg 1 Elections, election authority or local election official with 2 whom the petition is required to be filed, and before the 3 filing of such petition. Whoever forges the name of a signer 4 upon any petition required by this Article is deemed guilty 5 of a forgery and on conviction thereof shall be punished 6 accordingly. 7 Petitions of candidates for nomination for offices herein 8 specified, to be filed with the same officer, may contain the 9 names of 2 or more candidates of the same political party for 10 the same or different offices. 11 Such petitions for nominations shall be signed: 12 (a) If for a State office, or for delegate or 13 alternate delegate to be elected from the State at large 14 to a National nominating convention by not less than 15 5,000 nor more than 10,000 primary electors of his party. 16 (b) If for a congressional officer or for delegate 17 or alternate delegate to be elected from a congressional 18 district to a national nominating convention by at least 19 .5% of the qualified primary electors of his party in his 20 congressional district, except that for the first primary 21 following a redistricting of congressional districts such 22 petitions shall be signed by at least 600 qualified 23 primary electors of the candidate's party in his 24 congressional district. 25 (c) If for a county office (including county board 26 member and chairman of the county board where elected 27 from the county at large), by at least .5% of the 28 qualified electors of his party cast at the last 29 preceding general election in his county. However, if 30 for the nomination for county commissioner of Cook 31 County, then by at least .5% of the qualified primary 32 electors of his or her party in his or her county in the 33 district or division in which such person is a candidate 34 for nomination; and if for county board member from a SB745 Engrossed -85- LRB9101253EGfg 1 county board district, then by at least .5% of the 2 qualified primary electors of his party in the county 3 board district. In the case of an election for county 4 board member to be elected from a district, for the first 5 primary following a redistricting of county board 6 districts or the initial establishment of county board 7 districts, then by at least .5% of the qualified electors 8 of his party in the entire county at the last preceding 9 general election, divided by the number of county board 10 districts, but in any event not less than 25 qualified 11 primary electors of his party in the district. 12 (d) If for a municipal or township office by at 13 least .5% of the qualified primary electors of his party 14 in the municipality or township; if for alderman, by at 15 least .5% of the voters of his party of his ward. In the 16 case of an election for alderman or trustee of a 17 municipality to be elected from a ward or district, for 18 the first primary following a redistricting or the 19 initial establishment of wards or districts, then by .5% 20 of the total number of votes cast for the candidate of 21 such political party who received the highest number of 22 votes in the entire municipality at the last regular 23 election at which an officer was regularly scheduled to 24 be elected from the entire municipality, divided by the 25 number of wards or districts, but in any event not less 26 than 25 qualified primary electors of his party in the 27 ward or district. 28 (e) If for State central committeeman, by at least 29 100 of the primary electors of his or her party of his or 30 her congressional district. 31 (f) If for a candidate for trustee of a sanitary 32 district in which trustees are not elected from wards, by 33 at least .5% of the primary electors of his party, from 34 such sanitary district. SB745 Engrossed -86- LRB9101253EGfg 1 (g) If for a candidate for trustee of a sanitary 2 district in which the trustees are elected from wards, by 3 at least .5% of the primary electors of his party in his 4 ward of such sanitary district, except that for the first 5 primary following a reapportionment of the district such 6 petitions shall be signed by at least 150 qualified 7 primary electors of the candidate's ward of such sanitary 8 district. 9 (h) If for a candidate for judicial office, by at 10 least 500 qualified primary electors of his or her 11 judicial district, circuit, or subcircuit, as the case 12 may be. 13 (i) If for a candidate for precinct committeeman, 14 by at least 10 primary electors of his or her party of 15 his or her precinct; if for a candidate for ward 16 committeeman, by not less than 10% nor more than 16% (or 17 50 more than the minimum, whichever is greater) of the 18 primary electors of his party of his ward; if for a 19 candidate for township committeeman, by not less than 5% 20 nor more than 8% (or 50 more than the minimum, whichever 21 is greater) of the primary electors of his party in his 22 township or part of a township as the case may be. 23 (j) If for a candidate for State's Attorney or 24 Regional Superintendent of Schools to serve 2 or more 25 counties, by at least .5% of the primary electors of his 26 party in the territory comprising such counties. 27 (k) If for any other office by at least .5% of the 28 total number of registered voters of the political 29 subdivision, district or division for which the 30 nomination is made or a minimum of 25, whichever is 31 greater. 32 For the purposes of this Section the number of primary 33 electors shall be determined by taking the total vote cast, 34 in the applicable district, for the candidate for such SB745 Engrossed -87- LRB9101253EGfg 1 political party who received the highest number of votes, 2 state-wide, at the last general election in the State at 3 which electors for President of the United States were 4 elected. For political subdivisions, the number of primary 5 electors shall be determined by taking the total vote cast 6 for the candidate for such political party who received the 7 highest number of votes in such political subdivision at the 8 last regular election at which an officer was regularly 9 scheduled to be elected from that subdivision. For wards or 10 districts of political subdivisions, the number of primary 11 electors shall be determined by taking the total vote cast 12 for the candidate for such political party who received the 13 highest number of votes in such ward or district at the last 14 regular election at which an officer was regularly scheduled 15 to be elected from that ward or district. 16 A "qualified primary elector" of a party may not sign 17 petitions for or be a candidate in the primary of more than 18 one party. 19 (Source: P.A. 87-1052; 88-89; revised 1-26-99.) 20 (10 ILCS 5/7-10.1) (from Ch. 46, par. 7-10.1) 21 Sec. 7-10.1. Each petition or certificate of nomination 22 shall include as a part thereof, a statement for each of the 23 candidates filing, or in whose behalf the petition or 24 certificate of nomination is filed, said statement shall be 25 subscribed and sworn to by such candidate or nominee before 26 some officer authorized to take acknowledgment of deeds in 27 this State and shall be in substantially the following form: 28 United States of America ) 29 ) ss 30 State of Illinois ) 31 I, .... do swear that I am a citizen of the United States 32 and the State of Illinois, that I am not affiliated directly 33 or indirectly with any communist organization or any SB745 Engrossed -88- LRB9101253EGfg 1 communist front organization, or any foreign political 2 agency, party, organization or government which advocates the 3 overthrow of constitutional government by force or other 4 means not permitted under the Constitution of the United 5 States or the constitution of this State; that I do not 6 directly or indirectly teach or advocate the overthrow of the 7 government of the United States or of this State or any 8 unlawful change in the form of the governments thereof by 9 force or any unlawful means. 10 ....................... 11 Subscribed and sworn to by me on (insert date).this ....12day of ...., 19...13 ....................... 14 (Notary Public) 15 My commission expires: 16 (Source: P.A. 76-1329; revised 10-20-98.) 17 (10 ILCS 5/7-24) (from Ch. 46, par. 7-24) 18 Sec. 7-24. The primary poll books shall be substantially 19 in the following form: 20 Primary poll books of the primary held in the .... precinct 21 of the county of .... on (insert date).the .... day of ....22A.D. .....23 Party Affiliation 24 ................................... 25 Residence Repub- Demo- Prohibi- Social- 26 Street and lican crat tionist ist 27 Name of Voter number 28 ............................................................. 29 1 John Jones x 30 2 Richard Smith x 31 3 John Doe x 32 4 Richard Roe x 33 5 Charles Lee x SB745 Engrossed -89- LRB9101253EGfg 1 ............................................................. 2 This is to certify that the above and foregoing is a 3 correct list of primary voters at a primary held on (insert 4 date)the .... day of .... A.D. ....in the .... precinct, in 5 .... county, and State of Illinois. That at the primary the 6 undersigned judges served as required by law and are entitled 7 to pay therefor. 8 Dated (insert date)..... 19...9 ............................ ............................ 10 ............................ ............................ 11 ............................ ............................ 12 Judges of primary 13 The primary poll books shall otherwise be in form and 14 shall contain the same certificates as nearly as may be as 15 the poll books used in the general election and shall be 16 signed and attested in the same manner, as nearly as may be, 17 as the poll books used for the purpose of general elections. 18 If Article 4, 5 or 6 of this Act applies to any such primary 19 the official poll record provided for in such applicable 20 Article shall be used in lieu of poll books. 21 (Source: Laws 1957, p. 1450; revised 10-20-98.) 22 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34) 23 Sec. 7-34. Pollwatchers in a primary election shall be 24 authorized in the following manner: 25 (1) Each established political party shall be entitled 26 to appoint one pollwatcher per precinct. Such pollwatchers 27 must be affiliated with the political party for which they 28 are pollwatching. For all primary elections, except as 29 provided in subsection (5), such pollwatchers must be 30 registered to vote from a residence in the county in which 31 they are pollwatching. 32 (2) Each candidate shall be entitled to appoint two 33 pollwatchers per precinct. For Federal, State, and county SB745 Engrossed -90- LRB9101253EGfg 1 primary elections, one pollwatcher must be registered to vote 2 from a residence in the county in which he is pollwatching. 3 The second pollwatcher must be registered to vote from a 4 residence in the precinct or ward in which he is 5 pollwatching. For township and municipal primary elections, 6 one pollwatcher must be registered to vote from a residence 7 in the county in which he is pollwatching. The second 8 pollwatcher must be registered to vote from a residence in 9 the precinct or ward in which he is pollwatching. 10 (3) Each organization of citizens within the county or 11 political subdivision, which has among its purposes or 12 interests the investigation or prosecution of election 13 frauds, and which shall have registered its name and address 14 and the names and addresses of its principal officers with 15 the proper election authority at least 40 days before the 16 primary election, shall be entitled to appoint one 17 pollwatcher per precinct. For all primary elections, except 18 as provided in subsection (5), such pollwatcher must be 19 registered to vote from a residence in the county in which he 20 is pollwatching. 21 (4) Each organized group of proponents or opponents of a 22 ballot proposition, which shall have registered the name and 23 address of its organization or committee and the name and 24 address of its chairman with the proper election authority at 25 least 40 days before the primary election, shall be entitled 26 to appoint one pollwatcher per precinct. Except as provided 27 in subsection (5), such pollwatcher must be registered to 28 vote from a residence in the county in which the ballot 29 proposition is being voted upon. 30 (5) In any primary election held to nominate candidates 31 for the offices of a municipality of less than 3,000,000 32 population that is situated in 2 or more counties, a 33 pollwatcher who is a resident of a county in which any part 34 of the municipality is situated shall be eligible to serve as SB745 Engrossed -91- LRB9101253EGfg 1 a pollwatcher in any polling place located within such 2 municipality, provided that such pollwatcher otherwise 3 complies with the respective requirements of subsections (1) 4 through (4) of this Section and is a registered voter whose 5 residence is within the municipality. 6 All pollwatchers shall be required to have proper 7 credentials. Such credentials shall be printed in sufficient 8 quantities, shall be issued by and under the facsimile 9 signature(s) of the election authority and shall be available 10 for distribution at least 2 weeks prior to the election. 11 Such credentials shall be authorized by the real or facsimile 12 signature of the State or local party official or the 13 candidate or the presiding officer of the civic organization 14 or the chairman of the proponent or opponent group, as the 15 case may be. 16 Pollwatcher credentials shall be in substantially the 17 following form: 18 POLLWATCHER CREDENTIALS 19 TO THE JUDGES OF ELECTION: 20 In accordance with the provisions of the Election Code, 21 the undersigned hereby appoints ........... (name of 22 pollwatcher) at .......... (address) in the county of 23 ..........., .......... (township or municipality) of 24 ........... (name), State of Illinois and who is duly 25 registered to vote from this address, to act as a pollwatcher 26 in the ........... precinct of the .......... ward (if 27 applicable) of the ........... (township or municipality) of 28 ........... at the ........... election to be held on 29..........., 19..(insert date). 30 ........................ (Signature of Appointing Authority) 31 ........................ TITLE (party official, candidate, 32 civic organization president, 33 proponent or opponent group chairman) 34 Under penalties provided by law pursuant to Section 29-10 SB745 Engrossed -92- LRB9101253EGfg 1 of the Election Code, the undersigned pollwatcher certifies 2 that he or she resides at .............. (address) in the 3 county of ........., ......... (township or municipality) of 4 .......... (name), State of Illinois, and is duly registered 5 to vote from that address. 6 ........................... .......................... 7 (Precinct and/or Ward in (Signature of Pollwatcher) 8 Which Pollwatcher Resides) 9 Pollwatchers must present their credentials to the Judges 10 of Election upon entering the polling place. Pollwatcher 11 credentials properly executed and signed shall be proof of 12 the qualifications of the pollwatcher authorized thereby. 13 Such credentials are retained by the Judges and returned to 14 the Election Authority at the end of the day of election with 15 the other election materials. Once a pollwatcher has 16 surrendered a valid credential, he may leave and reenter the 17 polling place provided that such continuing action does not 18 disrupt the conduct of the election. Pollwatchers may be 19 substituted during the course of the day, but established 20 political parties, candidates, qualified civic organizations 21 and proponents and opponents of a ballot proposition can have 22 only as many pollwatchers at any given time as are authorized 23 in this Article. A substitute must present his signed 24 credential to the judges of election upon entering the 25 polling place. Election authorities must provide a 26 sufficient number of credentials to allow for substitution of 27 pollwatchers. After the polls have closed, pollwatchers shall 28 be allowed to remain until the canvass of votes is completed; 29 but may leave and reenter only in cases of necessity, 30 provided that such action is not so continuous as to disrupt 31 the canvass of votes. 32 Candidates seeking office in a district or municipality 33 encompassing 2 or more counties shall be admitted to any and 34 all polling places throughout such district or municipality SB745 Engrossed -93- LRB9101253EGfg 1 without regard to the counties in which such candidates are 2 registered to vote. Actions of such candidates shall be 3 governed in each polling place by the same privileges and 4 limitations that apply to pollwatchers as provided in this 5 Section. Any such candidate who engages in an activity in a 6 polling place which could reasonably be construed by a 7 majority of the judges of election as campaign activity shall 8 be removed forthwith from such polling place. 9 Candidates seeking office in a district or municipality 10 encompassing 2 or more counties who desire to be admitted to 11 polling places on election day in such district or 12 municipality shall be required to have proper credentials. 13 Such credentials shall be printed in sufficient quantities, 14 shall be issued by and under the facsimile signature of the 15 election authority of the election jurisdiction where the 16 polling place in which the candidate seeks admittance is 17 located, and shall be available for distribution at least 2 18 weeks prior to the election. Such credentials shall be 19 signed by the candidate. 20 Candidate credentials shall be in substantially the 21 following form: 22 CANDIDATE CREDENTIALS 23 TO THE JUDGES OF ELECTION: 24 In accordance with the provisions of the Election Code, I 25 ...... (name of candidate) hereby certify that I am a 26 candidate for ....... (name of office) and seek admittance to 27 ....... precinct of the ....... ward (if applicable) of the 28 ....... (township or municipality) of ....... at the ....... 29 election to be held on...., 19....(insert date). 30 ......................... ....................... 31 (Signature of Candidate) OFFICE FOR WHICH 32 CANDIDATE SEEKS 33 NOMINATION OR 34 ELECTION SB745 Engrossed -94- LRB9101253EGfg 1 Pollwatchers shall be permitted to observe all 2 proceedings relating to the conduct of the election and to 3 station themselves in a position in the voting room as will 4 enable them to observe the judges making the signature 5 comparison between the voter application and the voter 6 registration record card; provided, however, that such 7 pollwatchers shall not be permitted to station themselves in 8 such close proximity to the judges of election so as to 9 interfere with the orderly conduct of the election and shall 10 not, in any event, be permitted to handle election materials. 11 Pollwatchers may challenge for cause the voting 12 qualifications of a person offering to vote and may call to 13 the attention of the judges of election any incorrect 14 procedure or apparent violations of this Code. 15 If a majority of the judges of election determine that 16 the polling place has become too overcrowded with 17 pollwatchers so as to interfere with the orderly conduct of 18 the election, the judges shall, by lot, limit such 19 pollwatchers to a reasonable number, except that each 20 candidate and each established or new political party shall 21 be permitted to have at least one pollwatcher present. 22 Representatives of an election authority, with regard to 23 an election under its jurisdiction, the State Board of 24 Elections, and law enforcement agencies, including but not 25 limited to a United States Attorney, a State's attorney, the 26 Attorney General, and a State, county, or local police 27 department, in the performance of their official election 28 duties, shall be permitted at all times to enter and remain 29 in the polling place. Upon entering the polling place, such 30 representatives shall display their official credentials or 31 other identification to the judges of election. 32 Uniformed police officers assigned to polling place duty 33 shall follow all lawful instructions of the judges of 34 election. SB745 Engrossed -95- LRB9101253EGfg 1 The provisions of this Section shall also apply to 2 supervised casting of absentee ballots as provided in Section 3 19-12.2 of this Act. 4 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.) 5 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53) 6 Sec. 7-53. As soon as the ballots of a political party 7 shall have been read and the votes of the political party 8 counted, as provided in the last above section, the 3 judges 9 in charge of the tally sheets shall foot up the tally sheets 10 so as to show the total number of votes cast for each 11 candidate of the political party and for each candidate for 12 State Central committeeman and precinct committeeman, 13 township committeeman or ward committeeman, and delegate and 14 alternate delegate to National nominating conventions, and 15 certify the same to be correct. Thereupon, the primary judges 16 shall set down in a certificate of results on the tally 17 sheet, under the name of the political party, the name of 18 each candidate voted for upon the primary ballot, written at 19 full length, the name of the office for which he is a 20 candidate for nomination or for committeeman, or delegate or 21 alternate delegate to National nominating conventions, the 22 total number of votes which the candidate received, and they 23 shall also set down the total number of ballots voted by the 24 primary electors of the political party in the precinct. The 25 certificate of results shall be made substantially in the 26 following form: 27 ................ Party 28 At the primary election held in the .... precinct of the 29 (1) *township of ...., or (2) *City of ...., or (3) *.... 30 ward in the city of .... on (insert date),the .... day of31...., 19..,the primary electors of the .... party voted .... 32 ballots, and the respective candidates whose names were 33 written or printed on the primary ballot of the .... party, SB745 Engrossed -96- LRB9101253EGfg 1 received respectively the following votes: 2 Name of No. of 3 Candidate, Title of Office, Votes 4 John Jones Governor 100 5 Sam Smith Governor 70 6 Frank Martin Attorney General 150 7 William Preston Rep. in Congress 200 8 Frederick John Circuit Judge 50 9 *Fill in either (1), (2) or (3). 10 And so on for each candidate. 11 We hereby certify the above and foregoing to be true and 12 correct. 13 Dated (insert date).this .... day of ...., 19....14 ................................... 15 Name Address 16 ................................... 17 Name Address 18 ................................... 19 Name Address 20 ................................... 21 Name Address 22 ................................... 23 Name Address 24 Judges of Primary 25 Where voting machines or electronic voting systems are 26 used, the provisions of this Section may be modified as 27 required or authorized by Article 24 and Article 24A, 28 whichever is applicable. 29 (Source: P.A. 84-551; revised 10-20-98.) 30 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8) 31 Sec. 8-8. The name of no candidate for nomination shall 32 be printed upon the primary ballot unless a petition for 33 nomination shall have been filed in his behalf as provided SB745 Engrossed -97- LRB9101253EGfg 1 for in this Section. Each such petition shall include as a 2 part thereof the oath required by Section 7-10.1 of this Act 3 and a statement of candidacy by the candidate filing or in 4 whose behalf the petition is filed. This statement shall set 5 out the address of such candidate, the office for which he is 6 a candidate, shall state that the candidate is a qualified 7 primary voter of the party to which the petition relates, is 8 qualified for the office specified and has filed a statement 9 of economic interests as required by the Illinois 10 Governmental Ethics Act, shall request that the candidate's 11 name be placed upon the official ballot and shall be 12 subscribed and sworn by such candidate before some officer 13 authorized to take acknowledgment of deeds in this State and 14 may be in substantially the following form: 15 State of Illinois) 16 ) ss. 17 County ..........) 18 I, ...., being first duly sworn, say that I reside at 19 .... street in the city (or village of) .... in the county of 20 .... State of Illinois; that I am a qualified voter therein 21 and am a qualified primary voter of .... party; that I am a 22 candidate for nomination to the office of .... to be voted 23 upon at the primary election to be held on (insert date);the24.... day of ...., 19..;that I am legally qualified to hold 25 such office and that I have filed a statement of economic 26 interests as required by the Illinois Governmental Ethics Act 27 and I hereby request that my name be printed upon the 28 official primary ballot for nomination for such office. 29 Signed .................... 30 Subscribed and sworn to (or affirmed) before me by ...., 31 who is to me personally known, on (insert date).this ....32day of .... 19...33 Signed .... (Official Character) 34 (Seal if officer has one.) SB745 Engrossed -98- LRB9101253EGfg 1 All petitions for nomination for the office of State 2 Senator shall be signed by 1% or 600, whichever is greater, 3 of the qualified primary electors of the candidate's party in 4 his legislative district, except that for the first primary 5 following a redistricting of legislative districts, such 6 petitions shall be signed by at least 600 qualified primary 7 electors of the candidate's party in his legislative 8 district. 9 All petitions for nomination for the office of 10 Representative in the General Assembly shall be signed by at 11 least 1% or 300, whichever is greater, of the qualified 12 primary electors of the candidate's party in his or her 13 representative district, except that for the first primary 14 following a redistricting of representative districts such 15 petitions shall be signed by at least 300 qualified primary 16 electors of the candidate's party in his or her 17 representative district. 18 Opposite the signature of each qualified primary elector 19 who signs a petition for nomination for the office of State 20 Representative or State Senator such elector's residence 21 address shall be written or printed. The residence address 22 required to be written or printed opposite each qualified 23 primary elector's name shall include the street address or 24 rural route number of the signer, as the case may be, as well 25 as the signer's city, village or town. 26 For the purposes of this Section, the number of primary 27 electors shall be determined by taking the total vote cast, 28 in the applicable district, for the candidate for such 29 political party who received the highest number of votes, 30 state-wide, at the last general election in the State at 31 which electors for President of the United States were 32 elected. 33 A "qualified primary elector" of a party may not sign 34 petitions for or be a candidate in the primary of more than SB745 Engrossed -99- LRB9101253EGfg 1 one party. 2 In the affidavit at the bottom of each sheet, the 3 petition circulator, who shall have been a registered voter 4 at all times he or she circulated the petition, shall state 5 his street address or rural route number, as the case may be, 6 as well as his city, village or town. 7 In the affidavit at the bottom of each petition sheet, 8 the petition circulator shall either (1) indicate the dates 9 on which he or she circulated that sheet, or (2) indicate the 10 first and last dates on which the sheet was circulated, or 11 (3) certify that none of the signatures on the sheet were 12 signed more than 90 days preceding the last day for the 13 filing of the petition. No petition sheet shall be 14 circulated more than 90 days preceding the last day provided 15 in Section 8-9 for the filing of such petition. 16 All petition sheets which are filed with the State Board 17 of Elections shall be the original sheets which have been 18 signed by the voters and by the circulator, and not 19 photocopies or duplicates of such sheets. 20 The person circulating the petition, or the candidate on 21 whose behalf the petition is circulated, may strike any 22 signature from the petition, provided that:;23 (1) the person striking the signature shall initial 24 the petition at the place where the signature is struck; 25 and 26 (2) the person striking the signature shall sign a 27 certification listing the page number and line number of 28 each signature struck from the petition. Such 29 certification shall be filed as a part of the petition. 30 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052; 31 revised 10-20-98.) 32 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7) 33 Sec. 9-1.7. "Local political committee" means the SB745 Engrossed -100- LRB9101253EGfg 1 candidate himself or any individual, trust, partnership, 2 committee, association, corporation, oranyother 3 organization or group of persons which: 4 (a) accepts contributions or grants or makes 5 expenditures during any 12-month period in an aggregate 6 amount exceeding $3,000 on behalf of or in opposition to 7 a candidate or candidates for public office who are 8 required by the Illinois Governmental Ethics Act to file 9 statements of economic interests with the county clerk, 10 or on behalf of or in opposition to a candidate or 11 candidates for election to the office of ward or township 12 committeeman in counties of 3,000,000 or more population; 13.14 (b) accepts contributions or makes expenditures 15 during any 12-month period in an aggregate amount 16 exceeding $3,000 in support of or in opposition to any 17 question of public policy to be submitted to the electors 18 of an area encompassing no more than one county;,or 19 (c) accepts contributions or makes expenditures 20 during any 12-month period in an aggregate amount 21 exceeding $3,000 and has as its primary purpose the 22 furtherance of governmental, political or social values, 23 is organized on a not-for-profit basis, and which 24 publicly endorses or publicly opposes a candidate or 25 candidates for public office who are required by the 26 Illinois Governmental Ethics Act to file statements of 27 economic interest with the County Clerk or a candidate or 28 candidates for the office of ward or township 29 committeeman in counties of 3,000,000 or more population. 30 (Source: P.A. 89-405, eff. 11-8-95; 90-737, eff. 1-1-99; 31 revised 10-28-98.) 32 (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2) 33 Sec. 10-6.2. The State Board of Elections, the election SB745 Engrossed -101- LRB9101253EGfg 1 authority or the local election official with whom petitions 2 for nomination are filed pursuant to this Article 10 shall 3 specify the place where filings shall be made and upon 4 receipt shall endorse thereon the day and the hour at which 5 each petition was filed. Except as provided by Article 9 of 6 The School Code, all petitions filed by persons waiting in 7 line as of 8:00 a.m. on the first day for filing, or as of 8 the normal opening hour of the office involved on such day, 9 shall be deemed filed as of 8:00 a.m. or the normal opening 10 hour, as the case may be. Petitions filed by mail and 11 received after midnight of the first day for filing and in 12 the first mail delivery or pickup of that day shall be deemed 13 filed as of 8:00 a.m. of that day or as of the normal opening 14 hour of such day, as the case may be. All petitions received 15 thereafter shall be deemed filed in the order of actual 16 receipt. Where 2 or more petitions are received 17 simultaneously, the State Board of Elections, the election 18 authority or the local election official with whom such 19 petitions are filed shall break ties and determine the order 20 of filing by means of a lottery or other fair and impartial 21 method of random selection approved by the State Board of 22 Elections. Such lottery shall be conducted within 9 days 23 following the last day for petition filing and shall be open 24 to the public. Seven days written notice of the time and 25 place of conducting such random selection shall be given, by 26 the State Board of Elections, the election authority, or 27 local election official, to the Chairman of each political 28 party, and to each organization of citizens within the 29 election jurisdiction which was entitled, under this Code, at 30 the next preceding election, to have pollwatchers present on 31 the day of election. The State Board of Elections, the 32 election authority or local election official shall post in a 33 conspicuous, open and public place, at the entrance of the 34 office, notice of the time and place of such lottery. The SB745 Engrossed -102- LRB9101253EGfg 1 State Board of Elections shall adopt rules and regulations 2 governing the procedures for the conduct of such lottery. All 3 candidates shall be certified in the order in which their 4 petitions have been filed and in the manner prescribed by 5 Section 10-14 and 10-15 of this Article. Where candidates 6 have filed simultaneously, they shall be certified in the 7 order determined by lot and prior to candidates who filed for 8 the same office or offices at a later time. Certificates of 9 nomination filed within the period prescribed in Section 10 10-6(2) for candidates nominated by caucus for township or 11 municipal offices shall be subject to the ballot placement 12 lottery for established political parties prescribed in 13 Section 7-60 of this Code. 14 If multiple sets of nomination papers are filed for a 15 candidate to the same office, the State Board of Elections, 16 appropriate election authority or local election official 17 where the petitions are filed shall within 2 business days 18 notify the candidate of his or her multiple petition filings 19 and that the candidate has 3 business days after receipt of 20 the notice to notify the State Board of Elections, 21 appropriate election authority or local election official 22 that he or she may cancel prior sets of petitions. If the 23 candidate notifies the State Board of Elections, appropriate 24 election authority or local election official, the last set 25 of petitions filed shall be the only petitions to be 26 considered valid by the State Board of Elections, election 27 authority or local election official. If the candidate fails 28 to notify the State Board of Elections, appropriate election 29 authority or local election official then only the first set 30 of petitions filed shall be valid and all subsequent 31 petitions shall be void. 32 (Source: P.A. 86-867; 86-874; 86-1028; 87-1052; revised 33 10-31-98.) SB745 Engrossed -103- LRB9101253EGfg 1 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1) 2 Sec. 12-1. At least 60 days prior to each general and 3 consolidated election, the election authority shall provide 4 public notice, calculated to reach elderly and handicapped 5 voters, of the availability of registration and voting aids 6 under the Federal Voting Accessibility for the Elderly and 7 Handicapped Act, of the availability of assistance in marking 8 the ballot, and procedures for voting by absentee ballot. 9 At least 30 days before any general election, and at 10 least 20 days before any special congressional election, the 11 county clerk shall publish a notice of the election in 2 or 12 more newspapers published in the county, city, village, 13 incorporated town or town, as the case may be, or if there is 14 no such newspaper, then in any 2 or more newspapers published 15 in the county and having a general circulation throughout the 16 community. The notice may be substantially as follows: 17 Notice is hereby given that on (give date), at (give the 18 place of holding the election and the name of the precinct or 19 district) in the county of (name county), an election will be 20 held for (give the title of the several offices to be 21 filled), which election will be open at 6:00 a.m. and 22 continued open until 7:00 p.m. of that day. 23 Dated at .... on (insert date).this .... day of ....,2419...25 (Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.) 26 (10 ILCS 5/14-4) (from Ch. 46, par. 14-4) 27 Sec. 14-4. The leading political party represented by a 28 minority of all the commissioners in the board shall be 29 entitled to 2 of the judges in each precinct with an even 30 number, and 3 of the judges in each precinct with an odd 31 number, and the other leading political party shall be 32 entitled to 3 judges in the even and 2 judges in the odd 33 number precincts; and if only 3 judges of election serve in SB745 Engrossed -104- LRB9101253EGfg 1 each precinct, the leading political party represented by the 2 minority of all the commissioners in the board shall be 3 entitled to one of the judges of election in each precinct 4 with an even number, and 2 of the judges of election in each 5 precinct with an odd number, and the other leading political 6 party shall be entitled to 2 judges of election in the even 7 and one judge of election in the odd number precincts; and it 8 shall be the duty of such commissioners to observe this 9 division in all respects in making such appointments; except 10 that this Section does not apply to appointments by county 11 boards of election commissioners under Section 14-3.1. 12 (Source: P.A. 89-471, eff. 6-13-96; revised 10-31-98.) 13 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) 14 Sec. 17-9. Any person desiring to vote shall give his 15 name and, if required to do so, his residence to the judges 16 of election, one of whom shall thereupon announce the same in 17 a loud and distinct tone of voice, clear, and audible; the 18 judges of elections shall check each application for ballot 19 against the list of voters registered in that precinct to 20 whom absentee ballots have been issued for that election, 21 which shall be provided by the election authority and which 22 list shall be available for inspection by pollwatchers. A 23 voter applying to vote in the precinct on election day whose 24 name appears on the list as having been issued an absentee 25 ballot shall not be permitted to vote in the precinct unless 26 that voter submits to the judges of election, for 27 cancellation or revocation, his absentee ballot. In the case 28 that the voter's absentee ballot is not present in the 29 polling place, it shall be sufficient for any such voter to 30 submit to the judges of election in lieu of his absentee 31 ballot, either a portion of such ballot if torn or mutilated, 32 an affidavit executed before the judges of election 33 specifying that the voter never received an absentee ballot, SB745 Engrossed -105- LRB9101253EGfg 1 or an affidavit executed before the judges of election 2 specifying that the voter desires to cancel or revoke any 3 absentee ballot that may have been cast in the voter's name. 4 All applicable provisions of Articles 4, 5 or 6 shall be 5 complied with and if such name is found on the register of 6 voters by the officer having charge thereof, he shall 7 likewise repeat said name, and the voter shall be allowed to 8 enter within the proximity of the voting booths, as above 9 provided. One of the judges shall give the voter one, and 10 only one of each ballot to be voted at the election, on the 11 back of which ballots such judge shall indorse his initials 12 in such manner that they may be seen when each such ballot is 13 properly folded, and the voter's name shall be immediately 14 checked on the register list. In those election jurisdictions 15 where perforated ballot cards are utilized of the type on 16 which write-in votes can be cast above the perforation, the 17 election authority shall provide a space both above and below 18 the perforation for the judge's initials, and the judge shall 19 endorse his or her initials in both spaces. Whenever a 20 proposal for a constitutional amendment or for the calling of 21 a constitutional convention is to be voted upon at the 22 election, the separate blue ballot or ballots pertaining 23 thereto shall, when being handed to the voter, be placed on 24 top of the other ballots to be voted at the election in such 25 manner that the legend appearing on the back thereof, as 26 prescribed in Section 16-6 of this Act, shall be plainly 27 visible to the voter. At all elections, when a registry may 28 be required, if the name of any person so desiring to vote at 29 such election is not found on the register of voters, he or 30 she shall not receive a ballot until he or she shall have 31 complied with the law prescribing the manner and conditions 32 of voting by unregistered voters. If any person desiring to 33 vote at any election shall be challenged, he or she shall not 34 receive a ballot until he or she shall have established his SB745 Engrossed -106- LRB9101253EGfg 1 right to vote in the manner provided hereinafter; and if he 2 or she shall be challenged after he has received his ballot, 3 he shall not be permitted to vote until he or she has fully 4 complied with such requirements of the law upon being 5 challenged. Besides the election officer, not more than 2 6 voters in excess of the whole number of voting booths 7 provided shall be allowed within the proximity of the voting 8 booths at one time. The provisions of this Act, so far as 9 they require the registration of voters as a condition to 10 their being allowed to vote shall not apply to persons 11 otherwise entitled to vote, who are, at the time of the 12 election, or at any time within 60 days prior to such 13 election have been engaged in the military or naval service 14 of the United States, and who appear personally at the 15 polling place on election day and produce to the judges of 16 election satisfactory evidence thereof, but such persons, if 17 otherwise qualified to vote, shall be permitted to vote at 18 such election without previous registration. 19 All such persons shall also make an affidavit which shall 20 be in substantially the following form: 21 State of Illinois,) 22 ) ss. 23 County of ........) 24 ............... Precinct .......... Ward 25 I, ...., do solemnly swear (or affirm) that I am a 26 citizen of the United States, of the age of 18 years or over, 27 and that within the past 60 days prior to the date of this 28 election at which I am applying to vote, I have been engaged 29 in the .... (military or naval) service of the United States; 30 and I am qualified to vote under and by virtue of the 31 Constitution and laws of the State of Illinois, and that I am 32 a legally qualified voter of this precinct and ward except 33 that I have, because of such service, been unable to register 34 as a voter; that I now reside at .... (insert street and SB745 Engrossed -107- LRB9101253EGfg 1 number, if any) in this precinct and ward; that I have 2 maintained a legal residence in this precinct and ward for 30 3 days and in this State 30 days next preceding this election. 4 ......................... 5 Subscribed and sworn to before me on (insert date).this6.... day of...., 19...7 ......................... 8 Judge of Election. 9 The affidavit of any such person shall be supported by 10 the affidavit of a resident and qualified voter of any such 11 precinct and ward, which affidavit shall be in substantially 12 the following form: 13 State of Illinois,) 14 ) ss. 15 County of ........) 16 ........... Precinct ........... Ward 17 I, ...., do solemnly swear (or affirm), that I am a 18 resident of this precinct and ward and entitled to vote at 19 this election; that I am acquainted with .... (name of the 20 applicant); that I verily believe him to be an actual bona 21 fide resident of this precinct and ward and that I verily 22 believe that he or she has maintained a legal residence 23 therein 30 days and in this State 30 days next preceding this 24 election. 25 ......................... 26 Subscribed and sworn to before me on (insert date).this27.... day of...., 19...28 ......................... 29 Judge of Election. 30 All affidavits made under the provisions of this Section 31 shall be enclosed in a separate envelope securely sealed, and 32 shall be transmitted with the returns of the elections to the 33 county clerk or to the board of election commissioners, who SB745 Engrossed -108- LRB9101253EGfg 1 shall preserve the said affidavits for the period of 6 2 months, during which period such affidavits shall be deemed 3 public records and shall be freely open to examination as 4 such. 5 (Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.) 6 (10 ILCS 5/17-10) (from Ch. 46, par. 17-10) 7 Sec. 17-10. (a) Whenever, at any election, in any 8 precinct, any person offering to vote is not personally known 9 to the judges of election to have the qualifications required 10 in this Act, if his vote is challenged by a legal voter at 11 such election, he or she shall make and subscribe an 12 affidavit, in the following form, which shall be retained by 13 the judges of election, and returned by them affixed to the 14 poll books or with the official poll record: 15 State of Illinois) 16 )ss. 17 County of .......) 18 I, ...., do solemnly swear (or affirm) that I am a 19 citizen of the United States; that I am 18 years of age or 20 over; that I have resided in this State and in this election 21 district 30 days next preceding this election; that I have 22 not voted at this election; that I am a duly qualified voter 23 in every respect; that I now reside at (here give the 24 particular house or place of residence, and, if in a town or 25 city, the street and number), in this election district; *1. 26 that I registered to vote from said address; *2. that I 27 changed my residence to the above address from ...., both of 28 which are in this election district; *3. that I changed my 29 name from .... to that which I have signed below; *4. that I 30 have not changed my residence but my address has changed as a 31 result of implementation of a 9-1-1 emergency telephone 32 system. 33 So help me God, (or "This I do solemnly and sincerely SB745 Engrossed -109- LRB9101253EGfg 1 affirm", as the case may be). 2 ......................... 3 Subscribed and sworn to before me on (insert date).this4.... day of ...., 19...5 ......................... 6 *1. If registration is not required, draw a line through 7 1 above. 8 *2. Fill in the blank ONLY if you have moved within 2 9 years. 10 *3. Fill in the blank ONLY if you have changed your name 11 within 2 years. 12 *4. Fill in the blank ONLY if you have not changed your 13 residence but your address has changed as a result of 14 implementation of a 9-1-1 emergency telephone system. 15 In addition to such an affidavit, the person so 16 challenged shall provide to the judges of election proof of 17 residence by producing two forms of identification showing 18 the person's current residence address, provided that such 19 identification may include not more than one piece of mail 20 addressed to the person at his current residence address and 21 postmarked not earlier than 30 days prior to the date of the 22 election, or the person shall procure a witness personally 23 known to the judges of election, and resident in the precinct 24 (or district), or who shall be proved by some legal voter of 25 such precinct or district, known to the judges to be such, 26 who shall take the oath following, viz: 27 I do solemnly swear (or affirm) that I am a resident of 28 this election precinct (or district), and entitled to vote at 29 this election, and that I have been a resident of this State 30 for 30 days last past, and am well acquainted with the person 31 whose vote is now offered; that he is an actual and bona fide 32 resident of this election precinct (or district), and has 33 resided herein 30 days, and as I verily believe, in this 34 State, 30 days next preceding this election. SB745 Engrossed -110- LRB9101253EGfg 1 The oath in each case may be administered by either of 2 the judges of election, or by any officer, resident in the 3 precinct or district, authorized by law to administer oaths. 4 (b) Whenever, at any regular or special election, in any 5 precinct, district, city, village, incorporated town, town or 6 ward, any person offering to vote has moved therefrom within 7 30 days prior to said regular or special election, he shall 8 make and subscribe an affidavit, in the following form, which 9 shall be supported by providing to the judges of election 10 proof of residence by producing two forms of identification 11 showing the person's current residence address, provided that 12 such identification may include not more than one piece of 13 mail addressed to the person at his current residence address 14 and postmarked not earlier than 30 days prior to the date of 15 the election, or by one1affidavit of a registered voter in 16 the precinct, as provided herein, both of which shall be 17 retained by the judges of election, and returned by them 18 affixed to the poll books or with the official poll record: 19 State of Illinois) 20 )ss. 21 County of .......) 22 I, ........., do solemnly swear (or affirm) that I am a 23 citizen of the United States; that I am 18 years of age; 24 that I have not voted at this election; that prior to 30 days 25 preceding this election I was a duly qualified and registered 26 voter in every respect in this election district; that I have 27 recently moved from (here give the particular house or place 28 of residence, and, if in a town or city, the street and 29 number), in this election district; that I now reside at 30 (here give the particular house or place of residence, and, 31 if in a town or city, the street and number), in another 32 election district in the State. 33 So help me God, (or "This I do solemnly and sincerely 34 affirm", as the case may be). SB745 Engrossed -111- LRB9101253EGfg 1 ...................... 2 Subscribed and sworn to before me on (insert date).this3............. day of ........, 19......4 ...................... 5 State of Illinois) 6 )ss. 7 County of .......) 8 ......... Precinct ........ Ward 9 I, ........, do solemnly swear (or affirm), that I am a 10 resident of this precinct and entitled to vote at this 11 election; that I am acquainted with .... (name of the 12 applicant); that I verily believe him to have been an actual 13 bona fide resident and registered voter of this precinct and 14 that he maintained a legal residence therein, 30 days next 15 preceding this election. 16 .................... 17 Subscribed and sworn to before me on (insert date).this18.... day of...., 19...19 .................... 20 Judge of Election. 21 The oath may be administered by either of the judges of 22 election, or by any officer, resident in the precinct or 23 district, authorized by law to administer oaths. 24 (Source: P.A. 90-664, eff. 7-30-98; revised 10-20-98.) 25 (10 ILCS 5/17-17) (from Ch. 46, par. 17-17) 26 Sec. 17-17. After the opening of the polls no 27 adjournment shall be had nor shall any recess be taken, until 28 all the votes cast at such election haveshall bebeen 29 counted and the result publicly announced, except that when 30 necessary one judge at a time may leave the polling place for 31 a reasonable time during the casting of ballots, and except 32 that when a polling place is inaccessible to a disabled 33 voter, one team of 2 judges of opposite party affiliation may SB745 Engrossed -112- LRB9101253EGfg 1 leave the polling place to deliver a ballot to such voter, as 2 provided in Sections 7-47.1 and 17-13 of this Code. When a 3 judge leaves and returns, such judge shall sign a time sheet 4 indicating the length of the period such judge is absent from 5 his duties. When absent, the judge shall authorize someone 6 of the same political party as himself to act for him until 7 he returns. 8 Where voting machines or electronic voting systems are 9 used, the provisions of this section may be modified as 10 required or authorized by Article 24 or Article 24A, 11 whichever is applicable. 12 (Source: P.A. 84-808; revised 10-31-98.) 13 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23) 14 Sec. 17-23. Pollwatchers in a general election shall be 15 authorized in the following manner: 16 (1) Each established political party shall be entitled 17 to appoint two pollwatchers per precinct. Such pollwatchers 18 must be affiliated with the political party for which they 19 are pollwatching. For all elections, except as provided in 20 subsection (4), one pollwatcher must be registered to vote 21 from a residence in the county in which he is pollwatching. 22 The second pollwatcher must be registered to vote from a 23 residence in the precinct or ward in which he is 24 pollwatching. 25 (2) Each candidate shall be entitled to appoint two 26 pollwatchers per precinct. For all elections, one 27 pollwatcher must be registered to vote from a residence in 28 the county in which he is pollwatching. The second 29 pollwatcher must be registered to vote from a residence in 30 the precinct or ward in which he is pollwatching. 31 (3) Each organization of citizens within the county or 32 political subdivision, which has among its purposes or 33 interests the investigation or prosecution of election SB745 Engrossed -113- LRB9101253EGfg 1 frauds, and which shall have registered its name and address 2 and the name and addresses of its principal officers with the 3 proper election authority at least 40 days before the 4 election, shall be entitled to appoint one pollwatcher per 5 precinct. For all elections, such pollwatcher must be 6 registered to vote from a residence in the county in which he 7 is pollwatching. 8 (4) In any general election held to elect candidates for 9 the offices of a municipality of less than 3,000,000 10 population that is situated in 2 or more counties, a 11 pollwatcher who is a resident of a county in which any part 12 of the municipality is situated shall be eligible to serve as 13 a pollwatcher in any poll located within such municipality, 14 provided that such pollwatcher otherwise complies with the 15 respective requirements of subsections (1) through (3) of 16 this Section and is a registered voter whose residence is 17 within the municipality. 18 (5) Each organized group of proponents or opponents of a 19 ballot proposition, which shall have registered the name and 20 address of its organization or committee and the name and 21 address of its chairman with the proper election authority at 22 least 40 days before the election, shall be entitled to 23 appoint one pollwatcher per precinct. Such pollwatcher must 24 be registered to vote from a residence in the county in which 25 the ballot proposition is being voted upon. 26 All pollwatchers shall be required to have proper 27 credentials. Such credentials shall be printed in sufficient 28 quantities, shall be issued by and under the facsimile 29 signature(s) of the election authority and shall be available 30 for distribution at least 2 weeks prior to the election. Such 31 credentials shall be authorized by the real or facsimile 32 signature of the State or local party official or the 33 candidate or the presiding officer of the civic organization 34 or the chairman of the proponent or opponent group, as the SB745 Engrossed -114- LRB9101253EGfg 1 case may be. 2 Pollwatcher credentials shall be in substantially the 3 following form: 4 POLLWATCHER CREDENTIALS 5 TO THE JUDGES OF ELECTION: 6 In accordance with the provisions of the Election Code, 7 the undersigned hereby appoints .......... (name of 8 pollwatcher) who resides at ........... (address) in the 9 county of ..........., .......... (township or municipality) 10 of ........... (name), State of Illinois and who is duly 11 registered to vote from this address, to act as a 12 pollwatcher in the ........... precinct of the ........... 13 ward (if applicable) of the ........... (township or 14 municipality) of ........... at the ........... election to 15 be held on.........., 19..(insert date). 16 ........................ (Signature of Appointing Authority) 17 ......................... TITLE (party official, candidate, 18 civic organization president, 19 proponent or opponent group chairman) 20 Under penalties provided by law pursuant to Section 29-10 21 of the Election Code, the undersigned pollwatcher certifies 22 that he or she resides at ................ (address) in the 23 county of ............, ......... (township or municipality) 24 of ........... (name), State of Illinois, and is duly 25 registered to vote from that address. 26 .......................... ....................... 27 (Precinct and/or Ward in (Signature of Pollwatcher) 28 Which Pollwatcher Resides) 29 Pollwatchers must present their credentials to the Judges 30 of Election upon entering the polling place. Pollwatcher 31 credentials properly executed and signed shall be proof of 32 the qualifications of the pollwatcher authorized thereby. 33 Such credentials are retained by the Judges and returned to SB745 Engrossed -115- LRB9101253EGfg 1 the Election Authority at the end of the day of election with 2 the other election materials. Once a pollwatcher has 3 surrendered a valid credential, he may leave and reenter the 4 polling place provided that such continuing action does not 5 disrupt the conduct of the election. Pollwatchers may be 6 substituted during the course of the day, but established 7 political parties, candidates and qualified civic 8 organizations can have only as many pollwatchers at any given 9 time as are authorized in this Article. A substitute must 10 present his signed credential to the judges of election upon 11 entering the polling place. Election authorities must 12 provide a sufficient number of credentials to allow for 13 substitution of pollwatchers. After the polls have closed 14 pollwatchers shall be allowed to remain until the canvass of 15 votes is completed; but may leave and reenter only in cases 16 of necessity, provided that such action is not so continuous 17 as to disrupt the canvass of votes. 18 Candidates seeking office in a district or municipality 19 encompassing 2 or more counties shall be admitted to any and 20 all polling places throughout such district or municipality 21 without regard to the counties in which such candidates are 22 registered to vote. Actions of such candidates shall be 23 governed in each polling place by the same privileges and 24 limitations that apply to pollwatchers as provided in this 25 Section. Any such candidate who engages in an activity in a 26 polling place which could reasonably be construed by a 27 majority of the judges of election as campaign activity shall 28 be removed forthwith from such polling place. 29 Candidates seeking office in a district or municipality 30 encompassing 2 or more counties who desire to be admitted to 31 polling places on election day in such district or 32 municipality shall be required to have proper credentials. 33 Such credentials shall be printed in sufficient quantities, 34 shall be issued by and under the facsimile signature of the SB745 Engrossed -116- LRB9101253EGfg 1 election authority of the election jurisdiction where the 2 polling place in which the candidate seeks admittance is 3 located, and shall be available for distribution at least 2 4 weeks prior to the election. Such credentials shall be 5 signed by the candidate. 6 Candidate credentials shall be in substantially the 7 following form: 8 CANDIDATE CREDENTIALS 9 TO THE JUDGES OF ELECTION: 10 In accordance with the provisions of the Election Code, I 11 ...... (name of candidate) hereby certify that I am a 12 candidate for ....... (name of office) and seek admittance to 13 ....... precinct of the ....... ward (if applicable) of the 14 ....... (township or municipality) of ....... at the ....... 15 election to be held on...., 19....(insert date). 16 ......................... ....................... 17 (Signature of Candidate) OFFICE FOR WHICH 18 CANDIDATE SEEKS 19 NOMINATION OR 20 ELECTION 21 Pollwatchers shall be permitted to observe all 22 proceedings relating to the conduct of the election and to 23 station themselves in a position in the voting room as will 24 enable them to observe the judges making the signature 25 comparison between the voter application and the voter 26 registration record card; provided, however, that such 27 pollwatchers shall not be permitted to station themselves in 28 such close proximity to the judges of election so as to 29 interfere with the orderly conduct of the election and shall 30 not, in any event, be permitted to handle election materials. 31 Pollwatchers may challenge for cause the voting 32 qualifications of a person offering to vote and may call to 33 the attention of the judges of election any incorrect SB745 Engrossed -117- LRB9101253EGfg 1 procedure or apparent violations of this Code. 2 If a majority of the judges of election determine that 3 the polling place has become too overcrowded with 4 pollwatchers so as to interfere with the orderly conduct of 5 the election, the judges shall, by lot, limit such 6 pollwatchers to a reasonable number, except that each 7 established or new political party shall be permitted to have 8 at least one pollwatcher present. 9 Representatives of an election authority, with regard to 10 an election under its jurisdiction, the State Board of 11 Elections, and law enforcement agencies, including but not 12 limited to a United States Attorney, a State's attorney, the 13 Attorney General, and a State, county, or local police 14 department, in the performance of their official election 15 duties, shall be permitted at all times to enter and remain 16 in the polling place. Upon entering the polling place, such 17 representatives shall display their official credentials or 18 other identification to the judges of election. 19 Uniformed police officers assigned to polling place duty 20 shall follow all lawful instructions of the judges of 21 election. 22 The provisions of this Section shall also apply to 23 supervised casting of absentee ballots as provided in Section 24 19-12.2 of this Act. 25 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.) 26 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) 27 Sec. 19-8. In case an absent voter's ballot is received 28 by the election authority prior to the delivery of the 29 official ballots to the judges of election of the precinct in 30 which said elector resides, such ballot envelope and 31 application, sealed in the carrier envelope, shall be 32 enclosed in such package and therewith delivered to the 33 judges of such precinct. In case the official ballots for SB745 Engrossed -118- LRB9101253EGfg 1 such precinct have been delivered to the judges of election 2 at the time of the receipt by the election authority of such 3 absent voter's ballot, such authority shall immediately 4 enclose said envelope containing the absent voter's ballot, 5 together with his application therefor, in a larger or 6 carrier envelope which shall be securely sealed and addressed 7 on the face to the judges of election, giving the name or 8 number of precinct, street and number of polling place, city 9 or town in which such absent voter is a qualified elector, 10 and the words,"This envelope contains an absent voter's 11 ballot and must be opened only on election day at the polls 12 immediately after the polls are closed,""mailing the same, 13 postage prepaid, to such judges of election, or if more 14 convenient, such officer may deliver such absent voter's 15 ballot to the judges of election in person or by duly 16 deputized agent, said officer to secure his receipt for 17 delivery of such ballot or ballots. Absent voters' ballots 18 returned by absentee voters to the election authority after 19 the closing of the polls on an election day shall be endorsed 20 by the election authority receiving the same with the day and 21 hour of receipt and shall be safely kept unopened by such 22 election authority for the period of time required for the 23 preservation of ballots used at such election, and shall 24 then, without being opened, be destroyed in like manner as 25 the used ballots of such election. 26 All absent voters' ballots received by the election 27 authority after 12:00 noon on election day or too late for 28 delivery to the proper polling place before the closing of 29 the polls on election day, and Special Write-In Absentee 30 Voter's Blank Ballots, except ballots returned by mail 31 postmarked after midnight preceding the opening of the polls 32 on election day, shall be endorsed by the election authority 33 receiving the same with the day and hour of receipt and shall 34 be counted in the office of the election authority on the day SB745 Engrossed -119- LRB9101253EGfg 1 of the election after 7:00 p.m. All absent voters' ballots 2 delivered in error to the wrong precinct polling place shall 3 be returned to the election authority and counted under this 4 provision; however, all absentee ballots received by the 5 election authority by the close of absentee voting in the 6 office of the election authority on the day preceding the day 7 of election shall be delivered to the proper precinct polling 8 places in time to be counted by the judges of election. 9 Such counting shall commence no later than 8:00 p.m. and 10 shall be conducted by a panel or panels of election judges 11 appointed in the manner provided by law. Such counting shall 12 continue until all absent voters' ballots received as 13 aforesaid have been counted. 14 The procedures set forth in Section 19-9 of this Act and 15 Articles 17 and 18 of this Code, shall apply to all absent 16 voters' ballots counted under this provision, including 17 comparing the signature on the ballot envelope with the 18 signature of the voter on the permanent voter registration 19 record card taken from the master file; except that votes 20 shall be recorded without regard to precinct designation, 21 except for precinct offices. 22 (Source: P.A. 86-875; revised 10-31-98.) 23 (10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1) 24 Sec. 24-1.1. The county board of each county having a 25 population of 35,000 or more, with respect to all elections 26 for which the county board or the county clerk is charged 27 with the duty of providing materials and supplies, and each 28 board of election commissioners in a municipality having a 29 population of 35,000 or more with respect to elections under 30 its jurisdiction, must provide either voting machines in 31 accordance with this Article or electronic voting systems in 32 accordance with Article 24A for each precinct for all such 33 elections except as provided in Section 24-1.2 except in SB745 Engrossed -120- LRB9101253EGfg 1 elections held pursuant to the provisions of Section 12 of 2 Article VI of the Constitution relating to retention of 3 judges in office, in which event, the special ballot 4 containing the propositions on the retention of judges may be 5 placed on the voting machines or devices. For purposes of 6 this Section 24-1.1, the term "population" does not include 7 persons prohibited from voting by Section 3-5 of this Act. 8 Before voting machines or electronic voting systems are 9 introduced, adopted or used in any precinct or territory at 10 least 2 months public notice must be given before the date of 11 the first election wherein such machines are to be used. The 12 election authority shall publish the notice at least once in 13 one or more newspapers published within its jurisdiction in 14 which the election is held. If there is no such newspaper, 15 the notice shall be published in a newspaper published in the 16 county and having a general circulation within such political 17 subdivision of this State. The notice shall be substantially 18 as follows: 19 Notice is hereby given that on....(give date)...., at 20....(give place where election is held)....in the county of 21 .... an election will be held for....(give name of office to 22 be filled)....at which voting machines will be used. 23 Dated at .... on (insert date).this .... day of ....2419...25 The notice referred to herein shall be given only at the 26 first election at which such voting machines or electronic 27 voting systems are used. 28 (Source: P.A. 81-891; revised 10-20-98.) 29 (10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3) 30 Sec. 24A-3. Except as otherwise provided in this Section, 31 any county board, board of county commissioners and any board 32 of election commissioners, with respect to territory within 33 its jurisdiction, may adopt, experiment with, or abandon a SB745 Engrossed -121- LRB9101253EGfg 1 voting system approved for use by the State Board of 2 Elections and may use such voting system in all or some of 3 the precincts within its jurisdiction, or in combination with 4 paper ballots or voting machines. Any such county board, 5 board of county commissioners or board of election 6 commissioners may contract for the tabulation of votes at a 7 location outside its territorial jurisdiction when there is 8 no suitable tabulating equipment available within its 9 territorial jurisdiction. In no case may a county board, 10 board of county commissioners or board of election 11 commissioners contract or arrange for the purchase, lease or 12 loan of an electronic voting system or voting system 13 component without the approval of the State Board of 14 Elections as provided by Section 24A-16. However, the county 15 board and board of county commissioners of each county having 16 a population of 40,000 or more, with respect to all elections 17 for which the county board or the county clerk is charged 18 with the duty of providing materials and supplies, and each 19 board of election commissioners in a municipality having a 20 population of 40,000 or more, with respect to elections under 21 its jurisdiction, must provide either voting systems approved 22 for use by the State Board of Elections under this Article or 23 voting machines under Article 24 for each precinct for all 24 such elections except as provided in Section 24-1.2. For 25 purposes of this Section 24A-3, the term "population" does 26 not include persons prohibited from voting by Section 3-5 of 27 this Act. 28 Before any such system is introduced, adopted or used in 29 any precinct or territory at least 2 months public notice 30 must be given before the date of the first election wherein 31 such voting system is to be used. The election authority 32 shall publish the notice at least once in one or more 33 newspapers published within the county, or other 34 jurisdiction, as the case may be, in which the election is SB745 Engrossed -122- LRB9101253EGfg 1 held. If there is no such newspaper, the notice shall be 2 published in a newspaper published in the county and having a 3 general circulation within such jurisdiction. The notice 4 shall be substantially as follows: 5 Notice is hereby given that on....(give date)...., at 6....(give place where election is held)....in the county of 7 ...., an election will be held for....(give name of offices 8 to be filled)....at which an electronic voting system will 9 be used. 10 Dated at .... on (insert date).this .... day of ....1119...12 The notice referred to herein shall be given only at the 13 first election at which such voting machines or voting 14 systems are used. 15 (Source: P.A. 85-958; revised 10-20-98.) 16 (10 ILCS 5/24B-3) 17 Sec. 24B-3. Adoption, experimentation or abandonment of 18 Precinct Tabulation Optical Scan Technology system; 19 Boundaries of precincts; Notice. Except as otherwise 20 provided in this Section, any county board, board of county 21 commissioners and any board of election commissioners, with 22 respect to territory within its jurisdiction, may adopt, 23 experiment with, or abandon a Precinct Tabulation Optical 24 Scan Technology voting system approved for use by the State 25 Board of Elections and may use the Precinct Tabulation 26 Optical Scan Technology voting system in all or some of the 27 precincts within its jurisdiction, or in combination with 28 paper ballots or voting machines. Any county board, board of 29 county commissioners or board of election commissioners may 30 contract for the tabulation of votes at a location outside 31 its territorial jurisdiction when there is no suitable 32 tabulating equipment available within its territorial 33 jurisdiction. In no case may a county board, board of county SB745 Engrossed -123- LRB9101253EGfg 1 commissioners or board of election commissioners contract or 2 arrange for the purchase, lease or loan of an electronic 3 Precinct Tabulation Optical Scan Technology voting system or 4 Precinct Tabulation Optical Scan Technology voting system 5 component without the approval of the State Board of 6 Elections as provided by Section 24B-16. However, the county 7 board and board of county commissioners of each county having 8 a population of 40,000 or more, with respect to all elections 9 for which the county board or the county clerk is charged 10 with the duty of providing materials and supplies, and each 11 board of election commissioners in a municipality having a 12 population of 40,000 or more, with respect to elections under 13 its jurisdiction, must provide either Precinct Tabulation 14 Optical Scan Technology voting systems approved for use by 15 the State Board of Elections under this Article or voting 16 systems under Article 24A or Article 24 for each precinct for 17 all such elections except as provided in Section 24-1.2. For 18 purposes of this Section 24B-3, the term "population" does 19 not include persons prohibited from voting by Section 3-5 of 20 this Code. 21 Before any such Precinct Tabulation Optical Scan 22 Technology system is introduced, adopted or used in any 23 precinct or territory at least 2 months public notice must be 24 given before the date of the first election where the 25 Precinct Tabulation Optical Scan Technology voting system is 26 to be used. The election authority shall publish the notice 27 at least once in one or more newspapers published within the 28 county, or other jurisdiction, where the election is held. 29 If there is no such newspaper, the notice shall be published 30 in a newspaper published in the county and having a general 31 circulation within such jurisdiction. The notice shall be 32 substantially as follows: 33 Notice is hereby given that on....(give date)...., at 34....(give place where election is held)....in the county of SB745 Engrossed -124- LRB9101253EGfg 1 ...., an election will be held for....(give name of offices 2 to be filled)....at which a Precinct Tabulation Optical Scan 3 Technology electronic voting system will be used. 4 Dated at.... on (insert date).this .... day of ....519....6 This notice referred to shall be given only at the first 7 election at which the Precinct Tabulation Optical Scan 8 Technology voting machines or Precinct Tabulation Optical 9 Scan Technology voting systems are used. 10 (Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.) 11 Section 11. The Secretary of State Act is amended by 12 changing Section 5 as follows: 13 (15 ILCS 305/5) (from Ch. 124, par. 5) 14 Sec. 5. It shall be the duty of the Secretary of State: 15 1. To countersign and affix the seal of state to all 16 commissions required by law to be issued by the Governor. 17 2. To make a register of all appointments by the 18 Governor, specifying the person appointed, the office 19 conferred, the date of the appointment, the date when bond or 20 oath is taken and the date filed. If Senate confirmation is 21 required, the date of the confirmation shall be included in 22 the register. 23 3. To make proper indexes to public acts, resolutions, 24 papers and documents in his office. 25 3-a. To review all rules of all State agencies adopted 26 in compliance with the codification system prescribed by the 27 Secretary. The review shall be for the purposes and include 28 all the powers and duties provided in the Illinois 29 Administrative Procedure Act. The Secretary of State shall 30 cooperate with the Legislative Information System to insure 31 the accuracy of the text of the rules maintained under the 32 Legislative Information System Act. SB745 Engrossed -125- LRB9101253EGfg 1 4. To give any person requiring the same paying the 2 lawful fees therefor, a copy of any law, act, resolution, 3 record or paper in his office, and attach thereto his 4 certificate, under the seal of the state. 5 5. To take charge of and preserve from waste, and keep 6 in repair, the houses, lots, grounds and appurtenances, 7 situated in the City of Springfield, and belonging to or 8 occupied by the State, the care of which is not otherwise 9 provided for by law, and to take charge of and preserve from 10 waste, and keep in repair, the houses, lots, grounds and 11 appurtenances, situated in the State outside the City of 12 Springfield where such houses, lots, grounds and 13 appurtenances are occupied by the Secretary of State and no 14 other State officer or agency. 15 6. To supervise the distribution of the laws. 16 7. To perform such other duties as may be required by 17 law. The Secretary of State may, within appropriations 18 authorized by the General Assembly, maintain offices in the 19 State Capital and in such other places in the State as he may 20 deem necessary to properly carry out the powers and duties 21 vested in him by law. 22 (Source: P.A. 88-161; revised 10-31-98.) 23 Section 12. The Illinois Identification Card Act is 24 amended by changing Section 14B as follows: 25 (15 ILCS 335/14B) (from Ch. 124, par. 34B) 26 Sec. 14B. Fraudulent identification card. 27 (a) As used in this Section: 28 1. "A fraudulent identification card" means any 29 identification card which purports to be an official 30 identification card for which a computerized number and 31 file have not been created by the Secretary of State, the 32 United States Government or any state or political SB745 Engrossed -126- LRB9101253EGfg 1 subdivision thereof, or any governmental or 2 quasi-governmental organization. For the purpose of this 3 paragraph, any identification card which resembles an 4 official identification card in either size, color, 5 photograph location, or design or uses the word 6 "official", "state", "Illinois", or the name of any other 7 state or political subdivision thereof, or any 8 governmental or quasi-governmental organization 9 individually or in any combination thereof to describe or 10 modify the term "identification card" or "I.D. card" 11 anywhere on the card, or uses a shape in the likeness of 12 Illinois or any other state on the photograph side of the 13 card, is deemed to be a fraudulent identification card 14 unless the words "This is not an official Identification 15 Card", appear prominently upon it in black colored 16 lettering in 12 point type on the photograph side of the 17 card, and no such card shall be smaller in size than 3 18 inches by 4 inches, and the photograph shall be on the 19 left side of the card only. 20 2. "A license-making implement" means any implement 21 specially designed or primarily used in the manufacture, 22 assembly or authentication of any identification card 23 issued by the Secretary of State, the United States 24 Government, the State of Illinois or any other state or 25 political subdivision of the state, or any governmental 26 or quasi-governmental organization. Such implements 27 include, but are not limited to, cameras used for 28 creating identification card photographs, camera cards, 29 or identification card laminates. 30 (b) It is a violation of this Section for any person: 31 1. To knowingly possess, display, or cause to be 32 displayed any fraudulent identification card; 33 2. To knowingly possess, display or cause to be 34 displayed any fraudulent identification card for the SB745 Engrossed -127- LRB9101253EGfg 1 purpose of obtaining any account, credit, credit card or 2 debit card from a bank, financial institution or retail 3 mercantile establishment;.4 3. To knowingly possess any fraudulent 5 identification card with the intent to commit a theft, 6 deception or credit or debit card fraud in violation of 7 any law of this State or any law of any other 8 jurisdiction; 9 4. To knowingly possess any fraudulent 10 identification card with the intent to commit any other 11 violation of any law of this State or any law of any 12 other jurisdiction for which a sentence to a term of 13 imprisonment in a penitentiary for one year or more is 14 provided; 15 5. To knowingly possess any fraudulent 16 identification card while in unauthorized possession of 17 any document, instrument or device capable of defrauding 18 another; 19 6. To knowingly possess any fraudulent 20 identification card with the intent to use the 21 identification card to acquire any other identification 22 document; 23 7. To knowingly possess without authority any 24 license-making implement; 25 8. To knowingly possess any stolen identification 26 card making implement; 27 9. To knowingly duplicate, manufacture, sell or 28 transfer any fraudulent identification card; 29 10. To advertise or distribute any information or 30 materials that promote the selling, giving, or furnishing 31 of a fraudulent identification card. 32 (c) Sentence. 33 1. Any person convicted of a violation of paragraph 34 1 of subsection (b) of this Section shall be guilty of a SB745 Engrossed -128- LRB9101253EGfg 1 Class 4 felony and shall be sentenced to a minimum fine 2 of $500 or 50 hours of community service, preferably at 3 an alcohol abuse prevention program, if available. 4 2. Any person convicted of a violation of any of 5 paragraphs 2 through 9 of subsection (b) of this Section 6 shall be guilty of a Class 4 felony. A person convicted 7 of a second or subsequent violation shall be guilty of a 8 Class 3 felony. 9 3. Any person who violates paragraph 10 of 10 subsection (b) of this Section is guilty of a Class A 11 misdemeanor. 12 (d) This Section does not prohibit any lawfully 13 authorized investigative, protective, law enforcement or 14 other activity of any agency of the United States, State of 15 Illinois or any other state or political subdivision thereof. 16 (e) The Secretary of State may request the Attorney 17 General to seek a restraining order in the circuit court 18 against any person who violates paragraph 10 of subsection 19 (b) of this Section by advertising fraudulent identification 20 cards. 21 (Source: P.A. 88-210; 89-283, eff. 1-1-96; revised 10-31-98.) 22 Section 13. The State Comptroller Act is amended by 23 changing Section 14 as follows: 24 (15 ILCS 405/14) (from Ch. 15, par. 214) 25 Sec. 14. Forms of documents. The Comptroller may 26 prescribe and require State agencies to use forms for all 27 documents required by law in the performance of his duties or 28 which he may reasonably require therefor. The Comptroller 29 may prescribe by rule the general nature of information to be 30 contained in contracts required to be filed with him under 31 Sections 11 and 15 of this Act. Any such rule shall be 32 adopted, amended or repealed as provided by the Illinois SB745 Engrossed -129- LRB9101253EGfg 1 Administrative Procedure Act. 2 The Comptroller may, when he deems it advisable for the 3 promotion of efficiency in State government, accept magnetic 4 tape vouchers, electronically submitted vouchers, and 5 computer output microfiche vouchers. The Comptroller shall 6 process such vouchers as provided in Section 9. These 7 vouchers shall be subject to conditions and requirements 8 established by the Comptroller. 9 Computer output microfiche vouchers shall be deemed 10 original records under the Comptroller's Records Act. 11 (Source: P.A. 89-360, eff. 8-17-95; revised 10-31-98.) 12 Section 14. The Alcoholism and Other Drug Abuse and 13 Dependency Act is amended by changing Section 15-45 as 14 follows: 15 (20 ILCS 301/15-45) 16 Sec. 15-45. Notice. For the purposes of this Act, the 17 notice required under Section 10-2510of the Illinois 18 Administrative Procedure Act is deemed sufficient when mailed 19 to the last known address of a party. 20 (Source: P.A. 88-80; revised 10-31-98.) 21 Section 15. The Personnel Code is amended by changing 22 Sections 4c and 8c as follows: 23 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) 24 Sec. 4c. General exemptions. The following positions in 25 State service shall be exempt from jurisdictions A, B, and C, 26 unless the jurisdictions shall be extended as provided in 27 this Act: 28 (1) All officers elected by the people. 29 (2) All positions under the Lieutenant Governor, 30 Secretary of State, State Treasurer, State Comptroller, SB745 Engrossed -130- LRB9101253EGfg 1 State Board of Education, Clerk of the Supreme Court, and 2 Attorney General. 3 (3) Judges, and officers and employees of the 4 courts, and notaries public. 5 (4) All officers and employees of the Illinois 6 General Assembly, all employees of legislative 7 commissions, all officers and employees of the Illinois 8 Legislative Reference Bureau, the Legislative Research 9 Unit, and the Legislative Printing Unit. 10 (5) All positions in the Illinois National Guard 11 and Illinois State Guard, paid from federal funds or 12 positions in the State Military Service filled by 13 enlistment and paid from State funds. 14 (6) All employees of the Governor at the executive 15 mansion and on his immediate personal staff. 16 (7) Directors of Departments, the Adjutant General, 17 the Assistant Adjutant General, the Director of the 18 Illinois Emergency Management Agency, members of boards 19 and commissions, and all other positions appointed by 20 the Governor by and with the consent of the Senate. 21 (8) The presidents, other principal administrative 22 officers, and teaching, research and extension faculties 23 of Chicago State University, Eastern Illinois University, 24 Governors State University, Illinois State University, 25 Northeastern Illinois University, Northern Illinois 26 University, Western Illinois University, the Illinois 27 Community College Board, Southern Illinois University, 28 Illinois Board of Higher Education, University of 29 Illinois, State Universities Civil Service System, 30 University Retirement System of Illinois, and the 31 administrative officers and scientific and technical 32 staff of the Illinois State Museum. 33 (9) All other employees except the presidents, 34 other principal administrative officers, and teaching, SB745 Engrossed -131- LRB9101253EGfg 1 research and extension faculties of the universities 2 under the jurisdiction of the Board of Regents and the 3 colleges and universities under the jurisdiction of the 4 Board of Governors of State Colleges and Universities, 5 Illinois Community College Board, Southern Illinois 6 University, Illinois Board of Higher Education, Board of 7 Governors of State Colleges and Universities, the Board 8 of Regents, University of Illinois, State Universities 9 Civil Service System, University Retirement System of 10 Illinois, so long as these are subject to the provisions 11 of the State Universities Civil Service Act. 12 (10) The State Police so long as they are subject 13 to the merit provisions of the State Police Act. 14 (11) The scientific staff of the State Scientific 15 Surveys and the Waste Management and Research Center. 16 (12) The technical and engineering staffs of the 17 Department of Transportation, the Department of Nuclear 18 Safety and the Illinois Commerce Commission, and the 19 technical and engineering staff providing architectural 20 and engineering services in the Department of Central 21 Management Services. 22 (13) All employees of the Illinois State Toll 23 Highway AuthorityCommission. 24 (14) The Secretary of the Industrial Commission. 25 (15) All persons who are appointed or employed by 26 the Director of Insurance under authority of Section 202 27 of the Illinois Insurance Code to assist the Director of 28 Insurance in discharging his responsibilities relating to 29 the rehabilitation, liquidation, conservation, and 30 dissolution of companies that are subject to the 31 jurisdiction of the Illinois Insurance Code. 32 (16) All employees of the St. Louis Metropolitan 33 Area Airport Authority. 34 (17) All investment officers employed by the SB745 Engrossed -132- LRB9101253EGfg 1 Illinois State Board of Investment. 2 (18) Employees of the Illinois Young Adult 3 Conservation Corps program, administered by the Illinois 4 Department of Natural Resources, authorized grantee under 5 Title VIII of the Comprehensive Employment and Training 6 Act of 1973, 29 USC 993. 7 (19) Seasonal employees of the Department of 8 Agriculture for the operation of the Illinois State Fair 9 and the DuQuoin State Fair, no one person receiving more 10 than 29 days of such employment in any calendar year. 11 (20) All "temporary" employees hired under the 12 Department of Natural Resources' Illinois Conservation 13 Service, a youth employment program that hires young 14 people to work in State parks for a period of one year or 15 less. 16 (21) All hearing officers of the Human Rights 17 Commission. 18 (22) All employees of the Illinois Mathematics and 19 Science Academy. 20 (23) All employees of the Kankakee River Valley 21 Area Airport Authority. 22 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490, 23 eff. 8-17-97; revised 10-31-98.) 24 (20 ILCS 415/8c) (from Ch. 127, par. 63b108c) 25 Sec. 8c. Jurisdiction C; conditions of employment. For 26 positions in the State service subject to the jurisdiction of 27 the Department of Central Management Services with respect to 28 conditions of employment: 29 (1) For establishment of a plan for resolving employee 30 grievances and complaints, excluding compulsory arbitration. 31 (2) For hours of work, holidays, and attendance 32 regulation in the various classes of positions in the State 33 service; for annual, sick and special leaves of absence, with SB745 Engrossed -133- LRB9101253EGfg 1 or without pay or with reduced pay; for compensatory time off 2 for overtime or for pay for overtime, and for the rate at 3 which compensatory time off is to be allowed or for the rate 4 which is to be paid for overtime. If the services of an 5 employee in the State service are terminated by reason of his 6 retirement, disability or death, he, or his estate, as the 7 case may be, shall be paid a lump sum, for the number of days 8 for leave for personal business which the employee had 9 accumulated but not used as of the date his services were 10 terminated, in an amount equal to 1/2 of his pay per working 11 day times the number of such leave days so accumulated and 12 not used. 13 (3) For the development and operation of programs to 14 improve the work effectiveness and morale of employees in the 15 State service, including training, safety, health, welfare, 16 counseling, recreation, employee relations, a suggestion 17 system, and others. 18 Employees whose tuition and fees are paid by the State, 19 either directly or by reimbursement, shall incur a work 20 commitment to the State. Employees whose State paid training 21 has not led to a postsecondary degree shall be obligated to 22 continue in the employ of the State, but not necessarily in 23 the same agency, for a period of at least 18 months following 24 completion of the most recent course. Employees whose State 25 paid training has led to a postsecondary degree and whose 26 State payments have paid for 50% or more of the required 27 credit hours shall be obligated to continue in the employ of 28 the State, but not necessarily in the same agency, for a 29 minimum of 4 years after receiving the degree. 30 If the employee does not fulfill this work commitment by 31 voluntarily leaving State employment, the State may recover 32 payments in a civil action and may also recover interest at 33 the rate of 1% per month from the time the State makes 34 payment until the time the State recovers the payment. The SB745 Engrossed -134- LRB9101253EGfg 1 amount the State may recover under this subsection (3) shall 2 be reduced by 25% of the gross amount paid by the State for 3 each year the employee is employed by the State after the 4 employee receives a postsecondary degree, and 1/18th of the 5 gross amount paid by the State for each month the employee is 6 employed by the State after the employee completes the most 7 recent course which has not led to a postsecondary degree. 8 The State shall not recover payments for course work or a 9 training program that was (a) started before the effective 10 date of this Act; (b) completed as a requirement for a 11 grammar school certificate or a high school diploma, to 12 prepare for a high school level General Educational 13 Development Test or to improve literacy or numeracy; (c) 14 specialized training in the form of a conference, seminar, 15 workshop or similar arrangement offered by public or private 16 organizations; (d) provided as part of the Upward Mobility 17 Program administered by the Department of Central Management 18 Services; or (e) a condition of continued employment. 19 Department of State Police employees who are enrolled in 20 an official training program that lasts longer than one year 21 shall incur a work commitment to the State. The work 22 commitment shall be 2 months for each month of completed 23 training. If the employee fails to fulfill this work 24 commitment by voluntarily leaving State employment, the State 25 may recover wages in a civil action and may also recover 26 interest at the rate of 1% per month from the time the State 27 makes payment until the time the State recovers the payment. 28 The amount the State may recover under this subsection (3) 29 shall be reduced by the number of months served after the 30 training is completed times the monthly salary at the time of 31 separation. 32 The Department of Central Management Services shall 33 promulgate rules governing recovery activities to be used by 34 all State agencies paying, whether directly or by SB745 Engrossed -135- LRB9101253EGfg 1 reimbursement, for employee tuition and fees. Each such 2 agency shall make necessary efforts, including pursuing 3 appropriate legal action, to recover the actual 4 reimbursements and applicable interest due the State under 5 this subsection (3). 6 (4) For the establishment of a sick pay plan in 7 accordance with Section 36 of the State Finance Act. 8 (5) For the establishment of a family responsibility 9 leave plan under which an employee in the State service may 10 request and receive a leave of absence for up to one year 11 without penalty whenever such leave is requested to enable 12 the employee to meet a bona fide family responsibility of 13 such employee. The procedure for determining and documenting 14 the existence of a bona fide family responsibility shall be 15 as provided by rule, but without limiting the circumstances 16 which shall constitute a bona fide family responsibility 17 under the rules, such circumstances shall include leave 18 incident to the birth of the employee's child and the 19 responsibility thereafter to provide proper care to that 20 child or to a newborn child adopted by the employee, the 21 responsibility to provide regular care to a disabled, 22 incapacitated or bedridden resident of the employee's 23 household or member of the employee's family, and the 24 responsibility to furnish special guidance, care and 25 supervision to a resident of the employee's household or 26 member of the employee's family in need thereof under 27 circumstances temporarily inconsistent with uninterrupted 28 employment in State service. The family responsibility leave 29 plan so established shall provide that any such leave shall 30 be without pay, that the seniority of the employee on such 31 leave shall not be reduced during the period of the leave, 32 that such leave shall not under any circumstance or for any 33 purpose be deemed to cause a break in such employee's State 34 service, that during the period of such leave any coverage of SB745 Engrossed -136- LRB9101253EGfg 1 the employee or the employee's dependents which existed at 2 the commencement of the leave under any group health, 3 hospital, medical and life insurance plan provided through 4 the State shall continue so long as the employee pays to the 5 State when due the full premium incident to such coverage, 6 and that upon expiration of the leave the employee shall be 7 returned to the same position and classification which such 8 employee held at the commencement of the leave. The Director 9 of Central Management Services shall prepare proposed rules 10 consistent with this paragraph within 45 days after the 11 effective date of this amendatory Act of 1983, shall promptly 12 thereafter cause a public hearing thereon to be held as 13 provided in Section 8 and shall within 120 days after the 14 effective date of this amendatory Act of 1983 cause such 15 proposed rules to be submitted to the Civil Service 16 Commission as provided in Section 8. 17 (6) For the development and operation of a plan for 18 alternative employment for any employee who is able to 19 perform alternative employment after a work related or 20 non-work related disability essentially precludes that 21 employee from performing his or her currently assigned 22 duties. Such a plan shall be voluntary for any employee and 23 nonparticipation shall not be grounds for denial of any 24 benefit to which the employee would otherwise be eligible. 25 Any plan seeking to cover positions for which there is a 26 recognized bargaining agent shall be subject to collective 27 bargaining between the parties. 28 (7) For the development and operation of an Executive 29 Development Program to provide scholarships for the receipt 30 of academic degrees or senior executive training beyond the 31 Bachelor's degree level for as many as 25 employees at any 32 given time: 33 (i) each of whom is nominated for such scholarship 34 by the head of the employee's agency and approved by the SB745 Engrossed -137- LRB9101253EGfg 1 Director; 2 (ii) who are subject to Term Appointment under 3 Section 8b.188b18or who would be subject to such Term 4 Appointment but for Federal funding or who are exempt 5 from Jurisdiction B under subsections (2), (3) or (6) of 6 Section 4d of this Act: 7 (iii) who meet the admission standards established 8 by the institution awarding the advanced degree or 9 conducting the training; 10 (iv) each of whom agrees, as a condition of 11 accepting such scholarship, that the State may recover 12 the scholarship by garnishment, lien or other appropriate 13 legal action if the employee fails to continue in the 14 employ of the State, but not necessarily in the same 15 agency, for a minimum of 4 years following receipt of an 16 advanced degree or training and that the State may charge 17 interest from the time of payment until the time of 18 recovery of such scholarship of no less than 1% per month 19 or 12% per annum on all funds recovered by the State. 20 The amount the State may recover under this Section will 21 be reduced by 25% of the gross amount paid by the State 22 for each year of employment following receipt of the 23 advanced degree or training. 24 The Director shall in approving eligible employees for 25 the Executive Development Program make every attempt to 26 guarantee that at least 1/3 of the employees appointed to the 27 program reflect the ratio of sex, race, and ethnicity of 28 eligible employees. 29 Such scholarships shall not exceed the amount established 30 for tuition and fees for the applicable advanced degree or 31 training at State universities in Illinois whether the 32 employee enrolls at any Illinois public or private 33 institution, and shall not include any textbooks or equipment 34 such as personal computers. SB745 Engrossed -138- LRB9101253EGfg 1 The Department of Central Management Services shall make 2 necessary efforts, including appropriate legal action, to 3 recover scholarships and interest thereupon due subject to 4 recovery by the State under Subparagraph (iv) of this 5 Subsection (7). 6 (Source: P.A. 86-1004; 87-279; 87-888; revised 10-31-98.) 7 Section 16. The Children and Family Services Act is 8 amended by changing Sections 5 and 9.8 as follows: 9 (20 ILCS 505/5) (from Ch. 23, par. 5005) 10 Sec. 5. Direct child welfare services; Department of 11 Children and Family Services. To provide direct child 12 welfare services when not available through other public or 13 private child care or program facilities. 14 (a) For purposes of this Section: 15 (1) "Children" means persons found within the State 16 who are under the age of 18 years. The term also 17 includes persons under age 19 who: 18 (A) were committed to the Department pursuant 19 to the Juvenile Court Act or the Juvenile Court Act 20 of 1987, as amended, prior to the age of 18 and who 21 continue under the jurisdiction of the court; or 22 (B) were accepted for care, service and 23 training by the Department prior to the age of 18 24 and whose best interest in the discretion of the 25 Department would be served by continuing that care, 26 service and training because of severe emotional 27 disturbances, physical disability, social adjustment 28 or any combination thereof, or because of the need 29 to complete an educational or vocational training 30 program. 31 (2) "Homeless youth" means persons found within the 32 State who are under the age of 19, are not in a safe and SB745 Engrossed -139- LRB9101253EGfg 1 stable living situation and cannot be reunited with their 2 families. 3 (3) "Child welfare services" means public social 4 services which are directed toward the accomplishment of 5 the following purposes: 6 (A) protecting and promoting the health, 7 safety and welfare of children, including homeless, 8 dependent or neglected children; 9 (B) remedying, or assisting in the solution of 10 problems which may result in, the neglect, abuse, 11 exploitation or delinquency of children; 12 (C) preventing the unnecessary separation of 13 children from their families by identifying family 14 problems, assisting families in resolving their 15 problems, and preventing the breakup of the family 16 where the prevention of child removal is desirable 17 and possible when the child can be cared for at home 18 without endangering the child's health and safety; 19 (D) restoring to their families children who 20 have been removed, by the provision of services to 21 the child and the families when the child can be 22 cared for at home without endangering the child's 23 health and safety; 24 (E) placing children in suitable adoptive 25 homes, in cases where restoration to the biological 26 family is not safe, possible or appropriate; 27 (F) assuring safe and adequate care of 28 children away from their homes, in cases where the 29 child cannot be returned home or cannot be placed 30 for adoption. At the time of placement, the 31 Department shall consider concurrent planning, as 32 described in subsection (l-1) of this Section so 33 that permanency may occur at the earliest 34 opportunity. Consideration should be given so that SB745 Engrossed -140- LRB9101253EGfg 1 if reunification fails or is delayed, the placement 2 made is the best available placement to provide 3 permanency for the child; 4 (G) (blank); 5 (H) (blank); and 6 (I) placing and maintaining children in 7 facilities that provide separate living quarters for 8 children under the age of 18 and for children 18 9 years of age and older, unless a child 18 years of 10 age is in the last year of high school education or 11 vocational training, in an approved individual or 12 group treatment program, in a licensed shelter 13 facility, or secure child care facility. The 14 Department is not required to place or maintain 15 children: 16 (i) who are in a foster home, or 17 (ii) who are persons with a developmental 18 disability, as defined in the Mental Health and 19 Developmental Disabilities Code, or 20 (iii) who are female children who are 21 pregnant, pregnant and parenting or parenting, 22 or 23 (iv) who are siblings, 24 in facilities that provide separate living quarters 25 for children 18 years of age and older and for 26 children under 18 years of age. 27 (b) Nothing in this Section shall be construed to 28 authorize the expenditure of public funds for the purpose of 29 performing abortions. 30 (c) The Department shall establish and maintain 31 tax-supported child welfare services and extend and seek to 32 improve voluntary services throughout the State, to the end 33 that services and care shall be available on an equal basis 34 throughout the State to children requiring such services. SB745 Engrossed -141- LRB9101253EGfg 1 (d) The Director may authorize advance disbursements for 2 any new program initiative to any agency contracting with the 3 Department. As a prerequisite for an advance disbursement, 4 the contractor must post a surety bond in the amount of the 5 advance disbursement and have a purchase of service contract 6 approved by the Department. The Department may pay up to 2 7 months operational expenses in advance. The amount of the 8 advance disbursement shall be prorated over the life of the 9 contract or the remaining months of the fiscal year, 10 whichever is less, and the installment amount shall then be 11 deducted from future bills. Advance disbursement 12 authorizations for new initiatives shall not be made to any 13 agency after that agency has operated during 2 consecutive 14 fiscal years. The requirements of this Section concerning 15 advance disbursements shall not apply with respect to the 16 following: payments to local public agencies for child day 17 care services as authorized by Section 5a of this Act; and 18 youth service programs receiving grant funds under Section 19 17a-4. 20 (e) (Blank). 21 (f) (Blank). 22 (g) The Department shall establish rules and regulations 23 concerning its operation of programs designed to meet the 24 goals of child safety and protection, family preservation, 25 family reunification, and adoption, including but not limited 26 to: 27 (1) adoption; 28 (2) foster care; 29 (3) family counseling; 30 (4) protective services; 31 (5) (blank); 32 (6) homemaker service; 33 (7) return of runaway children; 34 (8) (blank); SB745 Engrossed -142- LRB9101253EGfg 1 (9) placement under Section 5-7 of the Juvenile 2 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the 3 Juvenile Court Act of 1987 in accordance with the federal 4 Adoption Assistance and Child Welfare Act of 1980; and 5 (10) interstate services. 6 Rules and regulations established by the Department shall 7 include provisions for training Department staff and the 8 staff of Department grantees, through contracts with other 9 agencies or resources, in alcohol and drug abuse screening 10 techniques approved by the Department of Human Services, as a 11 successor to the Department of Alcoholism and Substance 12 Abuse, for the purpose of identifying children and adults who 13 should be referred to an alcohol and drug abuse treatment 14 program for professional evaluation. 15 (h) If the Department finds that there is no appropriate 16 program or facility within or available to the Department for 17 a ward and that no licensed private facility has an adequate 18 and appropriate program or none agrees to accept the ward, 19 the Department shall create an appropriate individualized, 20 program-oriented plan for such ward. The plan may be 21 developed within the Department or through purchase of 22 services by the Department to the extent that it is within 23 its statutory authority to do. 24 (i) Service programs shall be available throughout the 25 State and shall include but not be limited to the following 26 services: 27 (1) case management; 28 (2) homemakers; 29 (3) counseling; 30 (4) parent education; 31 (5) day care; and 32 (6) emergency assistance and advocacy. 33 In addition, the following services may be made available 34 to assess and meet the needs of children and families: SB745 Engrossed -143- LRB9101253EGfg 1 (1) comprehensive family-based services; 2 (2) assessments; 3 (3) respite care; and 4 (4) in-home health services. 5 The Department shall provide transportation for any of 6 the services it makes available to children or families or 7 for which it refers children or families. 8 (j) The Department may provide categories of financial 9 assistance and education assistance grants, and shall 10 establish rules and regulations concerning the assistance and 11 grants, to persons who adopt physically or mentally 12 handicapped, older and other hard-to-place children who (i) 13 immediately prior to their adoption were legal wards of the 14 Department or (ii) were determined eligible for financial 15 assistance with respect to a prior adoption and who become 16 available for adoption because the prior adoption has been 17 dissolved and the parental rights of the adoptive parents 18 have been terminated or because the child's adoptive parents 19 have died. The Department may also provide categories of 20 financial assistance and education assistance grants, and 21 shall establish rules and regulations for the assistance and 22 grants, to persons appointed guardian of the person under 23 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 24 4-25 or 5-740 of the Juvenile Court Act of 1987 for children 25 who were wards of the Department for 12 months immediately 26 prior to the appointment of the guardian. 27 The amount of assistance may vary, depending upon the 28 needs of the child and the adoptive parents, as set forth in 29 the annual assistance agreement. Special purpose grants are 30 allowed where the child requires special service but such 31 costs may not exceed the amounts which similar services would 32 cost the Department if it were to provide or secure them as 33 guardian of the child. 34 Any financial assistance provided under this subsection SB745 Engrossed -144- LRB9101253EGfg 1 is inalienable by assignment, sale, execution, attachment, 2 garnishment, or any other remedy for recovery or collection 3 of a judgment or debt. 4 (j-5) The Department shall not deny or delay the 5 placement of a child for adoption if an approved family is 6 available either outside of the Department region handling 7 the case, or outside of the State of Illinois. 8 (k) The Department shall accept for care and training 9 any child who has been adjudicated neglected or abused, or 10 dependent committed to it pursuant to the Juvenile Court Act 11 or the Juvenile Court Act of 1987. 12 (l) Before July 1, 2000, the Department may provide, and 13 beginning July 1, 2000, the Department shall offer family 14 preservation services, as defined in Section 8.2 of the 15 Abused and Neglected Child Reporting Act, to help families, 16 including adoptive and extended families. Family preservation 17 services shall be offered (i) to prevent the placement of 18 children in substitute care when the children can be cared 19 for at home or in the custody of the person responsible for 20 the children's welfare, (ii) to reunite children with their 21 families, or (iii) to maintain an adoptive placement. Family 22 preservation services shall only be offered when doing so 23 will not endanger the children's health or safety. With 24 respect to children who are in substitute care pursuant to 25 the Juvenile Court Act of 1987, family preservation services 26 shall not be offered if a goal other than those of 27 subdivisions (A), (B), or (B-1) of subsection (2) of Section 28 2-28 of that Act has been set. Nothing in this paragraph 29 shall be construed to create a private right of action or 30 claim on the part of any individual or child welfare agency. 31 The Department shall notify the child and his family of 32 the Department's responsibility to offer and provide family 33 preservation services as identified in the service plan. The 34 child and his family shall be eligible for services as soon SB745 Engrossed -145- LRB9101253EGfg 1 as the report is determined to be "indicated". The 2 Department may offer services to any child or family with 3 respect to whom a report of suspected child abuse or neglect 4 has been filed, prior to concluding its investigation under 5 Section 7.12 of the Abused and Neglected Child Reporting Act. 6 However, the child's or family's willingness to accept 7 services shall not be considered in the investigation. The 8 Department may also provide services to any child or family 9 who is the subject of any report of suspected child abuse or 10 neglect or may refer such child or family to services 11 available from other agencies in the community, even if the 12 report is determined to be unfounded, if the conditions in 13 the child's or family's home are reasonably likely to subject 14 the child or family to future reports of suspected child 15 abuse or neglect. Acceptance of such services shall be 16 voluntary. 17 The Department may, at its discretion except for those 18 children also adjudicated neglected or dependent, accept for 19 care and training any child who has been adjudicated 20 addicted, as a truant minor in need of supervision or as a 21 minor requiring authoritative intervention, under the 22 Juvenile Court Act or the Juvenile Court Act of 1987, but no 23 such child shall be committed to the Department by any court 24 without the approval of the Department. A minor charged with 25 a criminal offense under the Criminal Code of 1961 or 26 adjudicated delinquent shall not be placed in the custody of 27 or committed to the Department by any court, except a minor 28 less than 13 years of age committed to the Department under 29 Section 5-710 of the Juvenile Court Act of 1987. 30 (l-1) The legislature recognizes that the best interests 31 of the child require that the child be placed in the most 32 permanent living arrangement as soon as is practically 33 possible. To achieve this goal, the legislature directs the 34 Department of Children and Family Services to conduct SB745 Engrossed -146- LRB9101253EGfg 1 concurrent planning so that permanency may occur at the 2 earliest opportunity. Permanent living arrangements may 3 include prevention of placement of a child outside the home 4 of the family when the child can be cared for at home without 5 endangering the child's health or safety; reunification with 6 the family, when safe and appropriate, if temporary placement 7 is necessary; or movement of the child toward the most 8 permanent living arrangement and permanent legal status. 9 When determining reasonable efforts to be made with 10 respect to a child, as described in this subsection, and in 11 making such reasonable efforts, the child's health and safety 12 shall be the paramount concern. 13 When a child is placed in foster care, the Department 14 shall ensure and document that reasonable efforts were made 15 to prevent or eliminate the need to remove the child from the 16 child's home. The Department must make reasonable efforts to 17 reunify the family when temporary placement of the child 18 occurs unless otherwise required, pursuant to the Juvenile 19 Court Act of 1987. At any time after the dispositional 20 hearing where the Department believes that further 21 reunification services would be ineffective, it may request a 22 finding from the court that reasonable efforts are no longer 23 appropriate. The Department is not required to provide 24 further reunification services after such a finding. 25 A decision to place a child in substitute care shall be 26 made with considerations of the child's health, safety, and 27 best interests. At the time of placement, consideration 28 should also be given so that if reunification fails or is 29 delayed, the placement made is the best available placement 30 to provide permanency for the child. 31 The Department shall adopt rules addressing concurrent 32 planning for reunification and permanency. The Department 33 shall consider the following factors when determining 34 appropriateness of concurrent planning: SB745 Engrossed -147- LRB9101253EGfg 1 (1) the likelihood of prompt reunification; 2 (2) the past history of the family; 3 (3) the barriers to reunification being addressed 4 by the family; 5 (4) the level of cooperation of the family; 6 (5) the foster parents' willingness to work with 7 the family to reunite; 8 (6) the willingness and ability of the foster 9 family to provide an adoptive home or long-term 10 placement; 11 (7) the age of the child; 12 (8) placement of siblings. 13 (m) The Department may assume temporary custody of any 14 child if: 15 (1) it has received a written consent to such 16 temporary custody signed by the parents of the child or 17 by the parent having custody of the child if the parents 18 are not living together or by the guardian or custodian 19 of the child if the child is not in the custody of either 20 parent, or 21 (2) the child is found in the State and neither a 22 parent, guardian nor custodian of the child can be 23 located. 24 If the child is found in his or her residence without a 25 parent, guardian, custodian or responsible caretaker, the 26 Department may, instead of removing the child and assuming 27 temporary custody, place an authorized representative of the 28 Department in that residence until such time as a parent, 29 guardian or custodian enters the home and expresses a 30 willingness and apparent ability to ensure the child's health 31 and safety and resume permanent charge of the child, or until 32 a relative enters the home and is willing and able to ensure 33 the child's health and safety and assume charge of the child 34 until a parent, guardian or custodian enters the home and SB745 Engrossed -148- LRB9101253EGfg 1 expresses such willingness and ability to ensure the child's 2 safety and resume permanent charge. After a caretaker has 3 remained in the home for a period not to exceed 12 hours, the 4 Department must follow those procedures outlined in Section 5 2-9, 3-11, 4-8, or 5-4155-501of the Juvenile Court Act of 6 1987. 7 The Department shall have the authority, responsibilities 8 and duties that a legal custodian of the child would have 9 pursuant to subsection (9) of Section 1-3 of the Juvenile 10 Court Act of 1987. Whenever a child is taken into temporary 11 custody pursuant to an investigation under the Abused and 12 Neglected Child Reporting Act, or pursuant to a referral and 13 acceptance under the Juvenile Court Act of 1987 of a minor in 14 limited custody, the Department, during the period of 15 temporary custody and before the child is brought before a 16 judicial officer as required by Section 2-9, 3-11, 4-8, or 17 5-4155-501of the Juvenile Court Act of 1987, shall have the 18 authority, responsibilities and duties that a legal custodian 19 of the child would have under subsection (9) of Section 1-3 20 of the Juvenile Court Act of 1987. 21 The Department shall ensure that any child taken into 22 custody is scheduled for an appointment for a medical 23 examination. 24 A parent, guardian or custodian of a child in the 25 temporary custody of the Department who would have custody of 26 the child if he were not in the temporary custody of the 27 Department may deliver to the Department a signed request 28 that the Department surrender the temporary custody of the 29 child. The Department may retain temporary custody of the 30 child for 10 days after the receipt of the request, during 31 which period the Department may cause to be filed a petition 32 pursuant to the Juvenile Court Act of 1987. If a petition is 33 so filed, the Department shall retain temporary custody of 34 the child until the court orders otherwise. If a petition is SB745 Engrossed -149- LRB9101253EGfg 1 not filed within the 10 day period, the child shall be 2 surrendered to the custody of the requesting parent, guardian 3 or custodian not later than the expiration of the 10 day 4 period, at which time the authority and duties of the 5 Department with respect to the temporary custody of the child 6 shall terminate. 7 (m-1) The Department may place children under 18 years 8 of age in a secure child care facility licensed by the 9 Department that cares for children who are in need of secure 10 living arrangements for their health, safety, and well-being 11 after a determination is made by the facility director and 12 the Director or the Director's designate prior to admission 13 to the facility subject to Section 2-27.1 of the Juvenile 14 Court Act of 1987. This subsection (m-1) does not apply to a 15 child who is subject to placement in a correctional facility 16 operated pursuant to Section 3-15-2 of the Unified Code of 17 Corrections. 18 (n) The Department may place children under 18 years of 19 age in licensed child care facilities when in the opinion of 20 the Department, appropriate services aimed at family 21 preservation have been unsuccessful and cannot ensure the 22 child's health and safety or are unavailable and such 23 placement would be for their best interest. Payment for 24 board, clothing, care, training and supervision of any child 25 placed in a licensed child care facility may be made by the 26 Department, by the parents or guardians of the estates of 27 those children, or by both the Department and the parents or 28 guardians, except that no payments shall be made by the 29 Department for any child placed in a licensed child care 30 facility for board, clothing, care, training and supervision 31 of such a child that exceed the average per capita cost of 32 maintaining and of caring for a child in institutions for 33 dependent or neglected children operated by the Department. 34 However, such restriction on payments does not apply in cases SB745 Engrossed -150- LRB9101253EGfg 1 where children require specialized care and treatment for 2 problems of severe emotional disturbance, physical 3 disability, social adjustment, or any combination thereof and 4 suitable facilities for the placement of such children are 5 not available at payment rates within the limitations set 6 forth in this Section. All reimbursements for services 7 delivered shall be absolutely inalienable by assignment, 8 sale, attachment, garnishment or otherwise. 9 (o) The Department shall establish an administrative 10 review and appeal process for children and families who 11 request or receive child welfare services from the 12 Department. Children who are wards of the Department and are 13 placed by private child welfare agencies, and foster families 14 with whom those children are placed, shall be afforded the 15 same procedural and appeal rights as children and families in 16 the case of placement by the Department, including the right 17 to an initial review of a private agency decision by that 18 agency. The Department shall insure that any private child 19 welfare agency, which accepts wards of the Department for 20 placement, affords those rights to children and foster 21 families. The Department shall accept for administrative 22 review and an appeal hearing a complaint made by (i) a child 23 or foster family concerning a decision following an initial 24 review by a private child welfare agency or (ii) a 25 prospective adoptive parent who alleges a violation of 26 subsection (j-5) of this Section. An appeal of a decision 27 concerning a change in the placement of a child shall be 28 conducted in an expedited manner. 29 (p) There is hereby created the Department of Children 30 and Family Services Emergency Assistance Fund from which the 31 Department may provide special financial assistance to 32 families which are in economic crisis when such assistance is 33 not available through other public or private sources and the 34 assistance is deemed necessary to prevent dissolution of the SB745 Engrossed -151- LRB9101253EGfg 1 family unit or to reunite families which have been separated 2 due to child abuse and neglect. The Department shall 3 establish administrative rules specifying the criteria for 4 determining eligibility for and the amount and nature of 5 assistance to be provided. The Department may also enter 6 into written agreements with private and public social 7 service agencies to provide emergency financial services to 8 families referred by the Department. Special financial 9 assistance payments shall be available to a family no more 10 than once during each fiscal year and the total payments to a 11 family may not exceed $500 during a fiscal year. 12 (q) The Department may receive and use, in their 13 entirety, for the benefit of children any gift, donation or 14 bequest of money or other property which is received on 15 behalf of such children, or any financial benefits to which 16 such children are or may become entitled while under the 17 jurisdiction or care of the Department. 18 The Department shall set up and administer no-cost, 19 interest-bearing savings accounts in appropriate financial 20 institutions ("individual accounts") for children for whom 21 the Department is legally responsible and who have been 22 determined eligible for Veterans' Benefits, Social Security 23 benefits, assistance allotments from the armed forces, court 24 ordered payments, parental voluntary payments, Supplemental 25 Security Income, Railroad Retirement payments, Black Lung 26 benefits, or other miscellaneous payments. Interest earned 27 by each individual account shall be credited to the account, 28 unless disbursed in accordance with this subsection. 29 In disbursing funds from children's individual accounts, 30 the Department shall: 31 (1) Establish standards in accordance with State 32 and federal laws for disbursing money from children's 33 individual accounts. In all circumstances, the 34 Department's "Guardianship Administrator" or his or her SB745 Engrossed -152- LRB9101253EGfg 1 designee must approve disbursements from children's 2 individual accounts. The Department shall be responsible 3 for keeping complete records of all disbursements for 4 each individual account for any purpose. 5 (2) Calculate on a monthly basis the amounts paid 6 from State funds for the child's board and care, medical 7 care not covered under Medicaid, and social services; and 8 utilize funds from the child's individual account, as 9 covered by regulation, to reimburse those costs. 10 Monthly, disbursements from all children's individual 11 accounts, up to 1/12 of $13,000,000, shall be deposited 12 by the Department into the General Revenue Fund and the 13 balance over 1/12 of $13,000,000 into the DCFS Children's 14 Services Fund. 15 (3) Maintain any balance remaining after 16 reimbursing for the child's costs of care, as specified 17 in item (2). The balance shall accumulate in accordance 18 with relevant State and federal laws and shall be 19 disbursed to the child or his or her guardian, or to the 20 issuing agency. 21 (r) The Department shall promulgate regulations 22 encouraging all adoption agencies to voluntarily forward to 23 the Department or its agent names and addresses of all 24 persons who have applied for and have been approved for 25 adoption of a hard-to-place or handicapped child and the 26 names of such children who have not been placed for adoption. 27 A list of such names and addresses shall be maintained by the 28 Department or its agent, and coded lists which maintain the 29 confidentiality of the person seeking to adopt the child and 30 of the child shall be made available, without charge, to 31 every adoption agency in the State to assist the agencies in 32 placing such children for adoption. The Department may 33 delegate to an agent its duty to maintain and make available 34 such lists. The Department shall ensure that such agent SB745 Engrossed -153- LRB9101253EGfg 1 maintains the confidentiality of the person seeking to adopt 2 the child and of the child. 3 (s) The Department of Children and Family Services may 4 establish and implement a program to reimburse Department and 5 private child welfare agency foster parents licensed by the 6 Department of Children and Family Services for damages 7 sustained by the foster parents as a result of the malicious 8 or negligent acts of foster children, as well as providing 9 third party coverage for such foster parents with regard to 10 actions of foster children to other individuals. Such 11 coverage will be secondary to the foster parent liability 12 insurance policy, if applicable. The program shall be funded 13 through appropriations from the General Revenue Fund, 14 specifically designated for such purposes. 15 (t) The Department shall perform home studies and 16 investigations and shall exercise supervision over visitation 17 as ordered by a court pursuant to the Illinois Marriage and 18 Dissolution of Marriage Act or the Adoption Act only if: 19 (1) an order entered by an Illinois court 20 specifically directs the Department to perform such 21 services; and 22 (2) the court has ordered one or both of the 23 parties to the proceeding to reimburse the Department for 24 its reasonable costs for providing such services in 25 accordance with Department rules, or has determined that 26 neither party is financially able to pay. 27 The Department shall provide written notification to the 28 court of the specific arrangements for supervised visitation 29 and projected monthly costs within 60 days of the court 30 order. The Department shall send to the court information 31 related to the costs incurred except in cases where the court 32 has determined the parties are financially unable to pay. The 33 court may order additional periodic reports as appropriate. 34 (u) Whenever the Department places a child in a licensed SB745 Engrossed -154- LRB9101253EGfg 1 foster home, group home, child care institution, or in a 2 relative home, the Department shall provide to the caretaker: 3 (1) available detailed information concerning the 4 child's educational and health history, copies of 5 immunization records (including insurance and medical 6 card information), a history of the child's previous 7 placements, if any, and reasons for placement changes 8 excluding any information that identifies or reveals the 9 location of any previous caretaker; 10 (2) a copy of the child's portion of the client 11 service plan, including any visitation arrangement, and 12 all amendments or revisions to it as related to the 13 child; and 14 (3) information containing details of the child's 15 individualized educational plan when the child is 16 receiving special education services. 17 The caretaker shall be informed of any known social or 18 behavioral information (including, but not limited to, 19 criminal background, fire setting, perpetuation of sexual 20 abuse, destructive behavior, and substance abuse) necessary 21 to care for and safeguard the child. 22 (u-5) Effective July 1, 1995, only foster care 23 placements licensed as foster family homes pursuant to the 24 Child Care Act of 1969 shall be eligible to receive foster 25 care payments from the Department. Relative caregivers who, 26 as of July 1, 1995, were approved pursuant to approved 27 relative placement rules previously promulgated by the 28 Department at 89 Ill. Adm. Code 335 and had submitted an 29 application for licensure as a foster family home may 30 continue to receive foster care payments only until the 31 Department determines that they may be licensed as a foster 32 family home or that their application for licensure is denied 33 or until September 30, 1995, whichever occurs first. 34 (v) The Department shall access criminal history record SB745 Engrossed -155- LRB9101253EGfg 1 information as defined in the Illinois Uniform Conviction 2 Information Act and information maintained in the 3 adjudicatory and dispositional record system as defined in 4 subdivision (A)19 of Section 55a of the Civil Administrative 5 Code of Illinois if the Department determines the information 6 is necessary to perform its duties under the Abused and 7 Neglected Child Reporting Act, the Child Care Act of 1969, 8 and the Children and Family Services Act. The Department 9 shall provide for interactive computerized communication and 10 processing equipment that permits direct on-line 11 communication with the Department of State Police's central 12 criminal history data repository. The Department shall 13 comply with all certification requirements and provide 14 certified operators who have been trained by personnel from 15 the Department of State Police. In addition, one Office of 16 the Inspector General investigator shall have training in the 17 use of the criminal history information access system and 18 have access to the terminal. The Department of Children and 19 Family Services and its employees shall abide by rules and 20 regulations established by the Department of State Police 21 relating to the access and dissemination of this information. 22 (w) Within 120 days of August 20, 1995 (the effective 23 date of Public Act 89-392), the Department shall prepare and 24 submit to the Governor and the General Assembly, a written 25 plan for the development of in-state licensed secure child 26 care facilities that care for children who are in need of 27 secure living arrangements for their health, safety, and 28 well-being. For purposes of this subsection, secure care 29 facility shall mean a facility that is designed and operated 30 to ensure that all entrances and exits from the facility, a 31 building or a distinct part of the building, are under the 32 exclusive control of the staff of the facility, whether or 33 not the child has the freedom of movement within the 34 perimeter of the facility, building, or distinct part of the SB745 Engrossed -156- LRB9101253EGfg 1 building. The plan shall include descriptions of the types 2 of facilities that are needed in Illinois; the cost of 3 developing these secure care facilities; the estimated number 4 of placements; the potential cost savings resulting from the 5 movement of children currently out-of-state who are projected 6 to be returned to Illinois; the necessary geographic 7 distribution of these facilities in Illinois; and a proposed 8 timetable for development of such facilities. 9 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95; 10 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98; 11 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98; 12 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff. 13 7-30-98; revised 12-23-98.) 14 (20 ILCS 505/9.8) (from Ch. 23, par. 5009.8) 15 Sec. 9.8. Court Enforcement. The Department shall refer 16 to the State's Attorney, Attorney General, or to the proper 17 legal representative of the unit of government or private 18 agency, for judicial enforcement as herein provided, 19 instances of failure to make parental payments as required by 20 law. Action shall be brought in the circuit court to obtain 21 parental payments and the recovery of such payments may be 22 taken separately or they may be consolidated with actions to 23 obtain other child support. Such actions may be brought in 24 the name of the child receiving care and training, or may be 25 brought in the name of the Department or the unit of local 26 government, as the case requires, in behalf of such persons. 27 The court may enter orders for the payment of monies for 28 the care and training of the children as may be just and 29 equitable and may direct payment thereof for such period or 30 periods of time as the circumstances require. The order may 31 be entered against the parents or guardians and shall be 32 based upon the standard determined under Section 9.1 or an 33 amount determined by the court to reflect the ability to SB745 Engrossed -157- LRB9101253EGfg 1 contribute to the care and training of their children 2 provided by the Department. 3 When an order is entered for the parental payment for 4 care and training of the child, and the parent or guardian 5 willfully refuses to comply with its enforcement, the parent 6 or guardian may be declared in contempt of court and punished 7 therefortherefore. 8 (Source: P.A. 83-1037; revised 10-31-98.) 9 Section 17. The Civil Administrative Code of Illinois is 10 amended by changing Sections 46.6a, 46.19e, and 46.32a as 11 follows: 12 (20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a) 13 Sec. 46.6a. (1) To establish a grant program for local 14 tourism and convention bureaus. The Department will develop 15 and implement a program for the use of funds, as authorized 16 under this Act, by local tourism and convention bureaus. For 17 the purposes of this Act, bureaus eligible to receive funds 18 are defined as those bureaus in legal existence as of January 19 1, 1985, which are either a unit of local government or 20 incorporated as a not-for-profit organization, are affiliated 21 with one or more municipality or county, and employ one full 22 time staff person whose purpose is to promote tourism. Each 23 bureau receiving funds under this Act will be certified by 24 the Department as the designated recipient to serve an area 25 of the State. These funds may not be used in support of the 26 Chicago World'sWorldsFair. 27 (2) To distribute grants to local tourism and convention 28 bureaus from appropriations made from the Local Tourism Fund 29 for that purpose. Of the amounts appropriated annually to the 30 Department for expenditure under this Section, 1/3 of such 31 monies shall be used for grants to convention and tourism 32 bureaus in cities with a population greater than 500,000. The SB745 Engrossed -158- LRB9101253EGfg 1 remaining 2/3 of the annual appropriation shall be used for 2 grants to such bureaus in the remainder of the State, in 3 accordance with a formula based upon the population served. 4 The Department may reserve up to 10% of the total 5 appropriated to conduct audits of grants, to provide 6 incentive funds to those bureaus which will conduct 7 promotional activities designed to further the Department's 8 statewide advertising campaign, to fund special statewide 9 promotional activities, and to fund promotional activities 10 which support an increased use of the State's parks or 11 historic sites. 12 (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.) 13 (20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e) 14 Sec. 46.19e. The Department shall have the following 15 duties and responsibilities in regard to this Act: 16 (a) to establish or cosponsor mentoring conferences, 17 utilizing experienced manufacturing exporters, to explain and 18 provide information to prospective export manufacturers and 19 businesses concerning the process of exporting to both 20 domestic and international opportunities; 21 (b) to provide technical assistance to prospective 22 export manufacturers and businesses seeking to establish 23 domestic and international export opportunities; 24 (c) to coordinate with the Department's Small Business 25 Development Centers to link buyers with prospective export 26 manufacturers and businesses; 27 (d) to promote, both domestically and abroad, products 28 made in Illinois and advise consumers and buyers of their 29 high quality standards and craftsmanship; 30 (e) to provide technical assistance toward establishment 31 of export trade corporations in the private sector; 32 (f) to develop an electronic data base to compile 33 information on international trade and investment activities SB745 Engrossed -159- LRB9101253EGfg 1 in Illinois companies, provide access to research and 2 business opportunities through external data bases, and 3 connect this data base through international communication 4 systems with appropriate domestic and worldwide networks 5 users; 6 (g) to collect and distribute to foreign commercial 7 libraries directories, catalogs, brochures, and other 8 information of value to foreign businesses considering doing 9 business in this State; 10 (h) to establish an export finance awareness program to 11 provide information to banking organizations about methods 12 used by banks to provide financing for businesses engaged in 13 exporting and about other State and federal programs to 14 promote and expedite export financing; and 15 (i) to undertake a survey of Illinois' businesses to 16 identify exportable products and the businesses interested in 17 exporting. 18 (Source: P.A. 85-975; revised 10-31-98.) 19 (20 ILCS 605/46.32a) (from Ch. 127, par. 46.32a) 20 Sec. 46.32a. (a) The Department shall promote 21 labor-management relations and provide assistance in the 22 development of local labor-management committees. 23 In the Department there shall be a Labor-Management 24 Cooperation Committee composed of 12 public members appointed 25 by the Governor with the advice and consent of the Senate. 26 Six members shall represent executive level management of 27 businesses that employ labor union members and 6 members 28 shall represent major labor union leadership. The Governor 29 shall designate 1 business representative and 1 labor 30 representative as cochairmen. Appointed members shall not be 31 represented at a meeting by another person. There shall be 6 32 ex officio nonvoting members: the Director of the Department, 33 who shall serve as Secretary, the Director of the Department SB745 Engrossed -160- LRB9101253EGfg 1 of Labor, the President of the Senate, the Minority Leader of 2 the Senate, the Speaker of the House of Representatives and 3 the Minority Leader of the House of Representatives. Each ex 4 officio member shall serve during the term of his or her 5 office. Ex officio members may be represented by duly 6 authorized substitutes. 7 In making the initial public member appointments to the 8 Committee, 3 of the business representatives and 3 of the 9 labor union representatives shall be appointed for terms 10 expiring July 1, 1987. The remaining public members shall be 11 appointed for terms expiring July 1, 1988. Thereafter, public 12 members of the Committee shall be appointed for terms of 2 13 years expiring on July 1, or until their successors are 14 appointed and qualified. The Governor may at any time, with 15 the advice and consent of the Senate, make appointments to 16 fill vacancies for the balance of an unexpired term. Public 17 members shall serve without compensation, but shall be 18 reimbursed by the Department for necessary expenses incurred 19 in the performance of their duties. The Department shall 20 provide staff assistance to the Committee. 21 The Committee shall have the following duties: 22 (1) to improve communications between labor and 23 management on significant economic problems facing the 24 State; 25 (2) to encourage and support the development of 26 local labor-management committees at the plant, industry 27 and area levels across the State; 28 (3) to assess the progress of area labor-management 29 committees that have been formed across the State and 30 provide input to the Director of the Department 31 concerning matching grants to area labor-management 32 committees or other grant programs established in this 33 Act; 34 (4) to convene a Statewide conference on SB745 Engrossed -161- LRB9101253EGfg 1 labor-management concerns at least once every 2 years; 2 (5) to issue a report on labor-management concerns 3 to the Governor and the General Assembly every 2 years 4 commencing in March of 1987. This report shall outline 5 the accomplishments of the Committee and specific 6 recommendations for improving Statewide labor-management 7 relations. 8 (b) The Director, with the advice of the 9 Labor-Management Cooperation Committee, shall have the 10 authority to provide matching grants, grants and other 11 resources to establish or assist area labor-management 12 committees and other projects which serve to enhance 13 labor-management relations. The Department shall have the 14 authority, with the advice of the Labor-Management 15 Cooperation Committee, to award grants or matching grants in 16 four areas: 17 (1) At least 60 percent of the annual appropriation 18 to the Department, for providing labor-management grants 19 and resources shall be awarded as matching grants to 20 existing local labor-management committees. To be 21 eligible for matching grants pursuant to this subsection, 22 local labor-management committees shall: 23 (i) Be a formal, not-for-profit organization 24 structured for continuing service with voluntary 25 membership; 26 (ii) Be composed of labor and management 27 representatives; 28 (iii) Service a distinct and identifiable 29 geographic region; 30 (iv) Be staffed by a professional chief 31 executive officer; 32 (v) Have been established with the Department 33 for at least two years; 34 (vi) Operate in compliance with rules set SB745 Engrossed -162- LRB9101253EGfg 1 forth by the Department with the advice of the 2 Labor-Management Cooperation Committee; and 3 (vii) Ensure that its efforts and activities 4 are coordinated with relevant agencies, including 5 but not limited to the following: 6 Department of Commerce and Community Affairs 7 Illinois Department of Labor 8 Economic development agencies 9 Corridor councils 10 Planning agencies 11 Colleges, universities and community colleges 12 U.S. Department of Labor 13 Statewide Job Training Partnership Act entities 14 . 15 Further, the purpose of the local labor-management 16 committees will include, but not be limited to: 17 (i) Enhancing the positive labor-management 18 relationship within the state, region, community 19 and/or work place; 20 (ii) Assisting in the retention, expansion and 21 attraction of businesses and jobs within the State 22 through special training programs, gathering and 23 dissemination of information and providing 24 assistance in local economic development efforts as 25 appropriate; 26 (iii) Creating and maintaining a regular 27 nonadversarial forum for ongoing dialogue between 28 labor and management representatives to discuss and 29 resolve issues of mutual concern outside the realm 30 of the traditional collective bargaining process; 31 (iv) Acting as an intermediary for initiating 32 local programs between unions and employers which 33 would generally improve economic conditions in a 34 region; SB745 Engrossed -163- LRB9101253EGfg 1 (v) Encouraging, assisting and facilitating 2 the development of work-site and industry 3 labor-management committees in the region. 4 Any local labor-management committee meeting these 5 criteria may apply to the Department for annual matching 6 grants, providedprovidingthat the local committee 7 contributes at least 25 percent in matching funds, of 8 which no more than 50 percent shall be "in-kind" 9 services. Funds received by a local committee pursuant 10 to this subsection shall be used for the ordinary 11 operating expenses of the local committee. 12 (2) Up to 20 percent of the annual appropriation to 13 the Department for providing labor-management grants and 14 resources may be awarded as matching grants to local 15 labor-management committees which do not meet all of the 16 eligibility criteria set forth in subsection (1). 17 However, to be eligible to apply for a grant under this 18 subsection, the local labor-management committee, at a 19 minimum, shall: 20 (i) Be composed of labor and management 21 representatives; 22 (ii) Service a distinct and identifiable 23 geographic region; 24 (iii) Operate in compliance with the rules set 25 forth by the Department with the advice of the 26 Labor-Management Cooperation Committee; 27 (iv) Ensure that its efforts and activities 28 are directed toward enhancing the labor-management 29 relationship within the State, region, community 30 and/or work place. 31 Any local labor-management committee meeting 32 these criteria may apply to the Department for an annual 33 matching grant, providedprovidingthat the local 34 committee contributes at least 25 percent in matching SB745 Engrossed -164- LRB9101253EGfg 1 funds of which no more than 50 percent shall be "in-kind" 2 services. Funds received by a local committee pursuant 3 to paragraph (2) of subsection (b) of this Section shall 4 be used for the ordinary and operating expenses of the 5 local committee. Eligible committees shall be limited to 6 three years of funding under this subsection. With 7 respect to those committees participating in this program 8 prior to enactment of this amendatory Act of 1988 which 9 fail to qualify under paragraph (1) of subsection (b) of 10 this Section, previous years' funding shall be counted in 11 determining whether those committees have reached their 12 funding limit under this paragraph (2). 13 (3) Up to 10 percent of the annual appropriation to 14 the Department for providing labor-management grants and 15 resources may be awarded as grants to develop and conduct 16 specialized education and training programs of direct 17 benefit to representatives of labor, management, 18 labor-management committees and/or their staff. The type 19 of education and training programs to be developed and 20 offered will be determined and prioritized annually by 21 the Department, with the advice of the Labor-Management 22 Cooperation Committee. The Department will develop and 23 issue an annual request for proposalsproposaldetailing 24 the program specifications. 25 (4) Up to 10 percent of the annual appropriation to 26 the Department for providing labor-management grants and 27 resources may be awarded as grants for research and 28 development projects related to labor-management issues. 29 The Department, with the advice of the Labor-Management 30 Cooperation Committee, will develop and prioritize 31 annually the type and scope of the research and 32 development projects deemed necessary. 33 The Department is authorized to establish 34 applications, application procedures and promulgate any SB745 Engrossed -165- LRB9101253EGfg 1 rules deemed necessary in the administration of such 2 grants. 3 (c) To administer the grant programs created by this 4 Act, the Department shall establish an Office of 5 Labor-Management Cooperation. The purpose of this office 6 shall include, but not be limited to: 7 (1) To administer the grant programs, including 8 developing grant applications and requests for proposals 9proposal, program monitoring and evaluation. 10 (2) To serve as State liaison with other state, 11 regional and national organizations devoted to promoting 12 labor-management cooperation; disseminating pertinent 13 information secured through these state, regional and 14 national affiliations to local labor-management 15 committees, the Labor-Management Cooperation Committee 16 and other interested parties throughout the State. 17 (3) To provide technical assistance to area, 18 industry or work-site labor-management committees as 19 requested. 20 (4) To serve as a clearinghouse for information 21 related to labor-management cooperation. 22 (5) To serve as a catalyst to developing and 23 strengthening a partnership among local, state, regional 24 and national organizations and agencies devoted to 25 enhancing labor-management cooperation. 26 (6) To provide any other programs or services which 27 enhance labor-management cooperation within the State of 28 Illinois as determined by the Director with the advice of 29 the Labor-Management Cooperation Committee. 30 (Source: P.A. 88-456; revised 10-31-98.) 31 Section 18. The Economic Development Area Tax Increment 32 Allocation Act is amended by changing Section 9 as follows: SB745 Engrossed -166- LRB9101253EGfg 1 (20 ILCS 620/9) (from Ch. 67 1/2, par. 1009) 2 Sec. 9. Powers of municipalities.,In addition to powers 3 which it may now have, any municipality has the power under 4 this Act: 5 (a) To make and enter into all contracts necessary or 6 incidental to the implementation and furtherance of an 7 economic development plan. 8 (b) Within an economic development project area, to 9 acquire by purchase, donation, lease or eminent domain, and 10 to own, convey, lease, mortgage or dispose of land and other 11 real or personal property or rights or interests therein; and 12 to grant or acquire licenses, easements and options with 13 respect thereto, all in the manner and at such price the 14 municipality determines is reasonably necessary to achieve 15 the objectives of the economic development project. No 16 conveyance, lease, mortgage, disposition of land or other 17 property acquired by the municipality, or agreement relating 18 to the development of property, shall be made or executed 19 except pursuant to prior official action of the municipality. 20 No conveyance, lease, mortgage or other disposition of land, 21 and no agreement relating to the development of property, 22 shall be made without making public disclosure of the terms 23 and disposition of all bids and proposals submitted to the 24 municipality in connection therewith. 25 (c) To clear any area within an economic development 26 project area by demolition or removal of any existing 27 buildings, structures, fixtures, utilities or improvements, 28 and to clear and grade land. 29 (d) To install, repair, construct, reconstruct or 30 relocate public streets, public utilities, and other public 31 site improvements within or without an economic development 32 project area which are essential to the preparation of an 33 economic development project area for use in accordance with 34 an economic development plan. SB745 Engrossed -167- LRB9101253EGfg 1 (e) To renovate, rehabilitate, reconstruct, relocate, 2 repair or remodel any existing buildings, improvements, and 3 fixtures within an economic development project area. 4 (f) To construct public improvements, including but not 5 limited to, buildings, structures, works, utilities or 6 fixtures within any economic development project area. 7 (g) To issue obligations as in this Act provided. 8 (h) To fix, charge and collect fees, rents and charges 9 for the use of any building, facility or property or any 10 portion thereof owned or leased by the municipality within an 11 economic development project area. 12 (i) To accept grants, guarantees, donations of property 13 or labor, or any other thing of value for use in connection 14 with an economic development project. 15 (j) To pay or cause to be paid economic development 16 project costs. Any payments to be made by the municipality to 17 developers or other nongovernmental persons for economic 18 development project costs incurred by such developer or other 19 nongovernmental person shall be made only pursuant to the 20 prior official action of the municipality evidencing an 21 intent to pay or cause to be paid such economic development 22 project costs. A municipality is not required to obtain any 23 right, title or interest in any real or personal property in 24 order to pay economic development project costs associated 25 with such property. The municipality shall adopt such 26 accounting procedures as may be necessary to determine that 27 such economic development project costs are properly paid. 28 (k) To exercise any and all other powers necessary to 29 effectuate the purposes of this Act. 30 (l) To create a commission of not less than 5 or more 31 than 15 persons to be appointed by the mayor or president of 32 the municipality with the consent of the majority of the 33 corporate authorities of the municipality. Members of a 34 commission shall be appointed for initial terms of 1, 2, 3, SB745 Engrossed -168- LRB9101253EGfg 1 4, and 5 years, respectively, in such numbers as to provide 2 that the terms of not more than 1/3 of all such members shall 3 expire in any one year. Their successors shall be appointed 4 for a term of 5 years. The commission, subject to approval of 5 the corporate authorities, may exercise the powers enumerated 6 in this Section. The commission shall also have the power to 7 hold the public hearings required by this Act and make 8 recommendations to the corporate authorities concerning the 9 approval of economic development plans, the establishment of 10 economic development project areas, and the adoption of tax 11 increment allocation financing for economic development 12 project areas. 13 (Source: P.A. 86-38; revised 10-31-98.) 14 Section 19. The Illinois Enterprise Zone Act is amended 15 by changing Section 8 as follows: 16 (20 ILCS 655/8) (from Ch. 67 1/2, par. 612) 17 Sec. 8. Zone Administration. The administration of an 18 Enterprise Zone shall be under the jurisdiction of the 19 designating municipality or county. Each designating 20 municipality or county shall, by ordinance, designate a Zone 21 Administrator for the certified zones within its 22 jurisdiction. A Zone Administrator must be an officer or 23 employee of the municipality or county. The Zone 24 Administrator shall be the liaison between the designating 25 municipality or county, the Department, and any designated 26 zone organizations within zones under his jurisdiction. 27 A designating municipality or county may designate one or 28 more organizations qualified under paragraph (d) of Section 3 29 to be designated zone organizations for purposes of this Act. 30 The municipality or county, may, by ordinance, delegate 31 functions within an Enterprise Zone to one or more designated 32 zone organizations in such zones. SB745 Engrossed -169- LRB9101253EGfg 1 Subject to the necessary governmental authorizations, 2 designated zone organizations may provide the following 3 services or perform the following functions in coordination 4 with the municipality or county: 5 (a) Provide or contract for provision of public services 6 including, but not limited to: 7 (1) establishment of crime watch patrols within 8 zone neighborhoods; 9 (2) establishment of volunteer day care centers; 10 (3) organization of recreational activities for 11 zone area youth; 12 (4) garbage collection; 13 (5) street maintenance and improvements; 14 (6) bridge maintenance and improvements; 15 (7) maintenance and improvement of water and sewer 16 lines; 17 (8) energy conservation projects; 18 (9) health and clinic services; 19 (10) drug abuse programs; 20 (11) senior citizen assistance programs; 21 (12) park maintenance; 22 (13) rehabilitation, renovation, and operation and 23 maintenance of low and moderate income housing; and 24 (14) other types of public services as provided by 25 law or regulation.;26 (b) Exercise authority for the enforcement of any code, 27 permit, or licensing procedure within an Enterprise Zone.;28 (c) Provide a forum for business, labor and government 29 action on zone innovations.;30 (d) Apply for regulatory relief as provided in Section 8 31 of this Act.;32 (e) Receive title to publicly owned land.;33 (f) Perform such other functions as the responsible 34 government entity may deem appropriate, including offerings SB745 Engrossed -170- LRB9101253EGfg 1 and contracts for insurance with businesses within the Zone.;23 (g) Agree with local governments to provide such public 4 services within the zones by contracting with private firms 5 and organizations, where feasible and prudent. 6 (h) Solicit and receive contributions to improve the 7 quality of life in the Enterprise Zone. 8 (Source: P.A. 82-1019; revised 10-31-98.) 9 Section 20. The Illinois Promotion Act is amended by 10 changing Section 4 as follows: 11 (20 ILCS 665/4) (from Ch. 127, par. 200-24) 12 Sec. 4. The Department shall have the following powers: 13 (a) To formulate a program for the promotion of tourism 14 and the film industry in the State of Illinois, including the 15 promotion of our State Parks, fishing and hunting areas, 16 historical shrines, vacation regions and areas of historic or 17 scenic interest.;18 (b) To cooperate with civic groups and local, State and 19 federal departments and agencies, and agencies and 20 departments of other states in encouraging educational 21 tourism and developing programs therefor.;22 (c) To publish tourist promotional material such as 23 brochures and booklets.;24 (d) To promote tourism in Illinois by articles and 25 advertisements in magazines, newspapers and travel 26 publications and by establishing promotional exhibitions at 27 fairs, travel shows, and similar exhibitions.;28 (e) To establish and maintain travel offices at major 29 points of entry to the State.;30 (f) To recommend legislation relating to the 31 encouragement of tourism in Illinois.;32 (g) To assist municipalities or local promotion groups in SB745 Engrossed -171- LRB9101253EGfg 1 developing new tourist attractions including but not limited 2 to feasibility studies and analyses, research and 3 development, and management and marketing planning for such 4 new tourist attractions. 5 (h) To do such other acts as shall, in the judgment of 6 the Department, be necessary and proper in fostering and 7 promoting tourism in the State of Illinois. 8 (i) To implement a program of matching grants to 9 counties, municipalities or local promotion groups and loans 10 to for-profit businesses for the development or improvement 11 of tourism attractions in Illinois under the terms and 12 conditions provided in this Act. 13 (j) To expend funds from the International and 14 Promotional Fund, subject to appropriation, on any activity 15 authorized under this Act. 16 (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.) 17 Section 21. The Technology Advancement and Development 18 Act is amended by changing Section 2003 as follows: 19 (20 ILCS 700/2003) (from Ch. 127, par. 3702-3) 20 Sec. 2003. Grant evaluation and amounts. 21 (a) The Department shall evaluate grant applications 22 based upon criteria provided under this Section. The 23 Department shall not award any Challenge Grant that is not 24 recommended for funding by the IllinoisGovernor'sScience 25 and Technology Advisory Committee or associated private 26 sector coalition. In determining which grant applicants 27 shall be awarded a Challenge Grant, the Department shall 28 conduct an evaluation of prior compliance with loan or grant 29 agreements for any grant applicant previously funded by the 30 Department. In addition, the Department shall consider the 31 following criteria in determining grant awards: the 32 relationship of a proposed advanced technology project to the SB745 Engrossed -172- LRB9101253EGfg 1 State's future economic growth; the qualifications and 2 expertise of consultants, firms or organizations undertaking 3 the effort; the potential for leveraging federal or private 4 research dollars, or both, for the initiative; the extent of 5 the capacity of the applicant or the applicant partnership or 6 consortium to finance the initiative; the potential for 7 adapting, commercializing or adopting the results of the 8 applicant's project for the economic benefit of the State; 9 and the likelihood that the project has a potential for 10 creating new jobs or retaining current jobs in the State. 11 (b) The Director of the Department shall determine the 12 level of the grant award and shall determine the share of 13 total directly attributable costs of an advanced technology 14 project which may be considered for funding under this 15 Article. 16 (c) The Department and the Department of Natural 17 Resources are hereby authorized to cooperate with and provide 18 support to the IllinoisGovernor'sScience and Technology 19 Advisory Committee and its associated private sector 20 coalition. Such support may include the provision of office 21 space and may be technical, advisory or operational in 22 nature. 23 (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.) 24 Section 22. The Department of Natural Resources Act is 25 amended by changing Section 1-15 as follows: 26 (20 ILCS 801/1-15) 27 Sec. 1-15. General powers and duties. 28 (a) It shall be the duty of the Department to 29 investigate practical problems, implement studies, conduct 30 research and provide assistance, information and data 31 relating to the technology and administration of the natural 32 history, entomology, zoology, and botany of this State; the SB745 Engrossed -173- LRB9101253EGfg 1 geology and natural resources of this State; the water and 2 atmospheric resources of this State; and the archeological 3 and cultural history of this State. 4 (b) The Department shall obtain, store, and process 5 relevant data; recommend technological, administrative, and 6 legislative changes and developments; cooperate with other 7 federal, state, and local governmental research agencies, 8 facilities, or institutes in the selection of projects for 9 study; cooperate with the Board of Higher Education and with 10 the public and private colleges and universities in this 11 State in developing relevant interdisciplinary approaches to 12 problems; evaluate curricula at all levels of education and 13 provide assistance to instructors; and sponsor an annual 14 conference of leaders in government, industry, health, and 15 education to evaluate the state of this State's environment 16 and natural resources. 17 (c) The Director, in accordance with the Personnel Code, 18 shall employ such personnel, provide such facilities, and 19 contract for such outside services as may be necessary to 20 carry out the purposes of the Department. Maximum use shall 21 be made of existing federal and state agencies, facilities, 22 and personnel in conducting research under this Act. 23 (d) In addition to its other powers, the Department has 24 the following powers: 25 (1) To obtain, store, process, and provide data and 26 information related to the powers and duties of the 27 Department under this Act. This subdivision (d)(1) does 28 not give authority to the Department to require reports 29 from nongovernmental sources or entities. 30 (2) To cooperate with and support the Illinois 31Governor'sScience and Technology Advisory Committee and 32 the Illinois Coalition for the purpose of facilitating 33 the effective operations and activities of such entities. 34 Support may include, but need not be limited to, SB745 Engrossed -174- LRB9101253EGfg 1 providing space for the operations of the Committee and 2 the Illinois Coalition. 3 (e) The Department is authorized to make grants to local 4 not-for-profit organizations for the purposes of development, 5 maintenance and study of wetland areas. 6 (f) The Department has the authority to accept, receive 7 and administer on behalf of the State any gifts, bequests, 8 donations, income from property rental and endowments. Any 9 such funds received by the Department shall be deposited into 10 the Natural Resources Fund, a special fund which is hereby 11 created in the State treasury, and used for the purposes of 12 this Act or, when appropriate, for such purposes and under 13 such restrictions, terms and conditions as are predetermined 14 by the donor or grantor of such funds or property. Any 15 accrued interest from money deposited into the Natural 16 Resources Fund shall be reinvested into the Fund and used in 17 the same manner as the principal. The Director shall maintain 18 records which account for and assure that restricted funds or 19 property are disbursed or used pursuant to the restrictions, 20 terms or conditions of the donor. 21 (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.) 22 Section 23. The Civil Administrative Code of Illinois is 23 amended by changing Section 44a as follows: 24 (20 ILCS 1005/44a) (from Ch. 127, par. 44a) 25 Sec. 44a. The Board of Review in the Department of 26 Employment Security shall exercise all powers and be subject 27 to all duties conferred or imposed upon said Board by the 28 provisions of the Unemployment InsuranceCompensationAct,29enacted by the Sixtieth General Assembly, and by all30amendments thereto or modifications thereof,in its own name, 31 and without any direction, supervision, or control by the 32 Director of Employment Security. SB745 Engrossed -175- LRB9101253EGfg 1 (Source: P.A. 83-1503; revised 10-31-98.) 2 Section 24. The Illinois Coal and Energy Development 3 Bond Act is amended by changing Section 8 as follows: 4 (20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108) 5 Sec. 8. Sale of bonds. The bonds shall be issued and 6 sold from time to time in such amounts as directed by the 7 Governor, upon recommendation by the Director of the Bureau 8 of the Budget. The bonds shall be serial bonds in the 9 denomination of $5,000 or some multiple thereof, shall be 10 payable within 30 years from their date, shall bear interest 11 payable annually or semiannually from their date at the rate 12 of not more than 15% per annum, or such higher maximum rate 13 as may be authorized by "An Act to authorize public 14 corporations to issue bonds, other evidences of indebtedness 15 and tax anticipation warrants subject to interest rate 16 limitations set forth therein", approved May 26, 1970, as 17 amended, shall be dated, and shall be in such form as the 18 Director of the Bureau of the Budget shall fix and determine 19 in the order authorizing the issuance and sale of the bonds, 20 which order shall be approved by the Governor prior to the 21 giving of notice of the sale of any of the bonds. These 22 bonds shall be payable as to both principal and interest at 23 such place or places, within or without the State of 24 Illinois, and may be made registrable as to either principal 25 or as to both principal and interest, as shall be fixed and 26 determined by the Director of the Bureau of the Budget in the 27 order authorizing the issuance and sale of such bonds. The 28 bonds may be callable as fixed and determined by the Director 29 of the Bureau of the Budget in the order authorizing the 30 issuance and sale of the bonds; provided, however, that the 31 State shall not pay a premium of more than 3% of the 32 principal of any bonds so called. SB745 Engrossed -176- LRB9101253EGfg 1 (Source: P.A. 82-974; revised 10-31-98.) 2 Section 25. The Hazardous Waste Technology Exchange 3 Service Act is amended by changing Section 5 as follows: 4 (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805) 5 Sec. 5. Duties of Center; Industrial Advisory Committee. 6 (a) The Waste Management and Research Center shall: 7 (1) Conduct educational programs to further the 8 exchange of information to reduce the generation of 9 hazardous wastes or to treat or dispose of such wastes so 10 as to make them nonhazardous. 11 (2) Provide a technical information service for 12 industries involved in the generation, treatment, or 13 disposal of hazardous wastes. 14 (3) Disseminate information regarding advances in 15 hazardous waste management technology which could both 16 protect the environment and further industrial 17 productivity. 18 (4) Provide research in areas related to reduction 19 of the generation of hazardous wastes; treatment, 20 recycling and reuse; and other issues which the Board may 21 suggest. 22 (5) Provide other services as deemed necessary or 23 desirable by the Board. 24 (6) Submit a biennial report to the General 25 Assembly on Center activities. 26 (b) The Director of the Department shall be responsible 27 for the administration of the Center. 28 (c) The Department shall have the authority to accept, 29 receive and administer on behalf of the Center any grants, 30 gifts or other funds made available for purposes of this Act. 31 (d) The Board shall (1) provide policy guidelines and 32 goals for the Center; (2) approve the Center's budget; (3) SB745 Engrossed -177- LRB9101253EGfg 1 approve any reports; and (4) otherwise direct the Center in 2 accordance with its statutory powers and duties contained in 3 Section 15-10 of the Department of Natural Resources Act6 of4"An Act in relation to natural resources, research, data5collection and environmental studies", approved July 14,61978, as amended. 7 (e) The Director shall appoint an Industrial Advisory 8 Committee which shall be composed of representatives of 9 industries which are involved in the generation, treatment or 10 disposal of hazardous waste, or representatives of 11 organizations of such industries. To the extent possible, 12 the Director shall choose members representing large and 13 small industries from all geographical areas of the State. 14 Members of the Industrial Advisory Committee shall receive no 15 compensation but may be reimbursed for reasonable expenses 16 incurred in carrying out their duties. 17 The Industrial Advisory Committee shall advise the 18 Department on programs, services and activities necessary to 19 assist large and small businesses in economically reducing, 20 through source reduction, treatment and recycling, the amount 21 and toxicity of hazardous waste to be disposed of on or in 22 the land. 23 (Source: P.A. 90-490, eff. 8-17-97; revised 2-24-98.) 24 Section 26. The Financial Institutions Code is amended 25 by changing Section 17 as follows: 26 (20 ILCS 1205/17) (from Ch. 17, par. 118) 27 Sec. 17. Neither the Director, nor any supervisor, nor 28 any examiner shall be an officer, director, owner, or 29 shareholder of, or a partner in, or have any proprietary 30 interest, direct or indirect, in any financial institution; 31 provided, however, that ownership of withdrawable capital 32 accounts or shares in credit unions shall not be deemed to be SB745 Engrossed -178- LRB9101253EGfg 1 prevented hereby. If the Director or any supervisor, or 2 examiner, shall be a shareholder, or partner in or an owner 3 of or have any interest, direct or indirect, in any such 4 financial institution at the time of his appointment, he 5 shall dispose of his shares of stock or other evidences of 6 ownership or property within 120 days from the date of his 7 appointment. It is unlawful for the Director, any supervisor 8 or examiner to obtain any loan or gratuity from a financial 9 institution subject to the jurisdiction of the Department as 10 herein provided. If any other employee of the Department 11 borrows from or becomes indebted in an aggregate amount of 12 $2,500 or more to any financial institution subject to the 13 jurisdiction of the Department, he shall make a written 14 report to the Director stating the date and amount of such 15 loan or indebtedness, the security therefor, if any, and the 16 purpose or purposes for which proceeds have been or are to be 17 used. 18 (Source: Laws 1965, p. 2122; revised 10-31-98.) 19 Section 27. The Illinois Lottery Law is amended by 20 changing Sections 21 and 24 as follows: 21 (20 ILCS 1605/21) (from Ch. 120, par. 1171) 22 Sec. 21. All lottery sales agents or distributors shall 23 be liable to the Lottery for any and all tickets accepted or 24 generated by any employee or representative of that agent or 25 distributor, and such tickets shall be deemed to have been 26 purchased by the agent or distributor unless returned to the 27 Lottery within the time and in the manner prescribed by the 28 Director. All moneys received by such agents or distributors 29 from the sale of lottery tickets or shares, less the amount 30 retained as compensation for the sale of the tickets or 31 shares and the amount paid out as prizes, shall be paid over 32 to a lottery representative or deposited in a bank or savings SB745 Engrossed -179- LRB9101253EGfg 1 and loan association approved by the State Treasurer, as 2 prescribed by the Director. 3 No bank or savings and loan association shall receive 4 public funds as permitted by this Section, unless it has 5 complied with the requirements established pursuant to 6 Section 6 of the Public Funds Investment Act"An Act relating7to certain investments of public funds by public agencies",8approved July 23, 1943, as now or hereafter amended. 9 Each payment or deposit shall be accompanied by a report 10 of the agent's receipts and transactions in the sale of 11 lottery tickets in such form and containing such information 12 as the Director may require. Any discrepancies in such 13 receipts and transactions may be resolved as provided by the 14 rules and regulations of the Department. 15 If any money due the Lottery by a sales agent or 16 distributor is not paid when due or demanded, it shall 17 immediately become delinquent and be billed on a subsequent 18 monthly statement. If on the closing date for any monthly 19 statement a delinquent amount previously billed of more than 20 $50 remains unpaid, interest in such amount shall be accrued 21 at the rate of 2% per month or fraction thereof from the date 22 when such delinquent amount becomes past due until such 23 delinquent amount, including interest, penalty and other 24 costs and charges that the Department may incur in collecting 25 such amounts, is paid. In case any agent or distributor fails 26 to pay any moneys due the Lottery within 30 days after a 27 second bill or statement is rendered to the agent or 28 distributor, such amount shall be deemed seriously delinquent 29 and may be referred by the Department to a collection agency 30 or credit bureau for collection. Any contract entered into 31 by the Department for the collection of seriously delinquent 32 accounts with a collection agency or credit bureau may be 33 satisfied by a commercially reasonable percentage of the 34 delinquent account recouped, which shall be negotiated by the SB745 Engrossed -180- LRB9101253EGfg 1 Department in accordance with commercially accepted 2 standards. Any costs incurred by the Department or others 3 authorized to act in its behalf in collecting such 4 delinquencies may be assessed against the agent or 5 distributor and included as a part of the delinquent account. 6 In case of failure of an agent or distributor to pay a 7 seriously delinquent amount, or any portion thereof, 8 including interest, penalty and costs, the Department may 9 issue a Notice of Assessment. In determining amounts shown 10 on the Notice of Assessment, the Department shall utilize the 11 financial information available from its records. Such 12 Notice of Assessment shall be prima facie correct and shall 13 be prima facie evidence of delinquent sums due under this 14 Section at any hearing before the Board, or its Hearing 15 Officers, or at any other legal proceeding. Reproduced 16 copies of the Department's records relating to a delinquent 17 account or a Notice of Assessment offered in the name of the 18 Department, under the Certificate of the Director or any 19 officer or employee of the Department designated in writing 20 by the Director shall, without further proof, be admitted 21 into evidence in any such hearing or any legal proceeding and 22 shall be prima facie proof of the delinquency, including 23 principal and any interest, penalties and costs, as shown 24 thereon. The Attorney General may bring suit on behalf of the 25 Department to collect all such delinquent amounts, or any 26 portion thereof, including interest, penalty and costs, due 27 the Lottery. 28 Any person who accepts money that is due to the 29 Department from the sale of lottery tickets under this Act, 30 but who wilfully fails to remit such payment to the 31 Department when due or who purports to make such payment but 32 wilfully fails to do so because his check or other remittance 33 fails to clear the bank or savings and loan association 34associationsagainst which it is drawn, in addition to the SB745 Engrossed -181- LRB9101253EGfg 1 amount due and in addition to any other penalty provided by 2 law, shall be assessed, and shall pay, a penalty equal to 5% 3 of the deficiency plus any costs or charges incurred by the 4 Department in collecting such amount. 5 The Director may make such arrangements for any 6 person(s), banks, savings and loan associations or 7 distributors, to perform such functions, activities or 8 services in connection with the operation of the lottery as 9 he deems advisable pursuant to this Act,"the State 10 Comptroller Act", approved September 7, 1972, as now or11hereafter amended, or the rules and regulations of the 12 Department, and such functions, activities or services shall 13 constitute lawful functions, activities and services of such 14 person(s), banks, savings and loan associations or 15 distributors. 16 All income arising out of any activity or purpose of the 17 Department shall, pursuant to the"An Act in relation to18 State Finance Act", approved June 10, 1919, as amended, be 19 paid into the State Treasury except as otherwise provided by 20 the rules and regulations of the Department and shall be 21 covered into a special fund to be known as the State Lottery 22 Fund. Banks and savings and loan associations may be 23 compensated for services rendered based upon the activity and 24 amount of funds on deposit. 25 (Source: P.A. 88-522; revised 10-31-98.) 26 (20 ILCS 1605/24) (from Ch. 120, par. 1174) 27 Sec. 24. The State Comptroller shall conduct a preaudit 28 of all accounts and transactions of the Department under the 29 State Comptroller Act, excluding payments issued by the 30 Department for prizes of $25,000 or less. 31 The Auditor GeneralAuditor-Generalor a certified public 32 accountant firm appointed by him shall conduct an annual 33 post-audit of all accounts and transactions of the Department SB745 Engrossed -182- LRB9101253EGfg 1 and other special post audits as the Auditor General 2Auditor-General, the Legislative Audit Commission, or the 3 General Assembly deemsdeemnecessary. The annual post-audits 4 shall include payments made by lottery sales agents of prizes 5 of less than $600 authorized under Section 20, and payments 6 made by the Department of prizes up to $25,000 authorized 7 under Section 20.1. The Auditor GeneralAuditor-Generalor 8 his agent conducting an audit under this Act shall have 9 access and authority to examine any and all records of the 10 Department or the Board, its distributing agents and its 11 licensees. 12 (Source: P.A. 87-1197; 88-676, eff. 12-14-94; revised 13 10-31-98.) 14 Section 28. The Mental Health and Developmental 15 Disabilities Administrative Act is amended by changing 16 Sections 4, 18.1, and 22 as follows: 17 (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4) 18 Sec. 4. To exercise executive and administrative 19 supervision over all facilities, divisions, programs and 20 services now existing or hereafter acquired or created under 21 the jurisdiction of the Department, including, but not 22 limited to, the following: 23 The Alton Mental Health Center, at Alton 24 The Clyde L. Choate Mental Health and Developmental 25 Center, at Anna 26 The Chester Mental Health Center, at Chester 27 The Chicago-Read Mental Health Center, at Chicago 28 The Elgin Mental Health Center, at Elgin 29 The Metropolitan Children and Adolescents Center, at 30 Chicago 31 The Jacksonville Developmental Center, at Jacksonville 32 The Governor Samuel H. Shapiro Developmental Center, at SB745 Engrossed -183- LRB9101253EGfg 1 Kankakee 2 The Tinley Park Mental Health Center, at Tinley Park 3 The Warren G. Murray Developmental Center, at Centralia 4 The Jack Mabley Developmental Center, at Dixon 5 The Lincoln Developmental Center, at Lincoln 6 The H. Douglas Singer Mental Health and Developmental 7 Center, at Rockford 8 The John J. Madden Mental Health Center, at Chicago 9 The George A. Zeller Mental Health Center, at Peoria 10 The Andrew McFarland Mental Health Center, at Springfield 11 The Adolf Meyer Mental Health Center, at Decatur 12 The William W. Fox Developmental Center, at Dwight 13 The Elisabeth Ludeman Developmental Center, at Park 14 Forest 15 The William A. Howe Developmental Center, at Tinley Park 16 The Ann M. Kiley Developmental Center, at Waukegan. 17 Beginning not later than July 1, 1977, the Department 18 shall cause each of the facilities under its jurisdiction 19 which provide in-patient care to comply with standards, rules 20 and regulations of the Department of Public Health prescribed 21 under Section 6.05 of the"Hospital Licensing Act", approved22July 1, 1953, as amended. 23 (Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.) 24 (20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1) 25 Sec. 18.1. Community Mental Health and Developmental 26 Disabilities Services Provider Participation Fee Trust Fund. 27 (a) Deposits by State Treasurer. The State Treasurer 28 shall deposit moneys received by him as ex-officio custodian 29 of the Community Mental Health and Developmental Disabilities 30 Services Provider Participation Fee Trust Fund in banks or 31 savings and loan associations that have been approved by him 32 as State Depositaries under the Deposit of State Moneys Act 33 and with respect to such money shall be entitled to the same SB745 Engrossed -184- LRB9101253EGfg 1 rights and privileges as are provided by that Act with 2 respect to moneys in the treasury of the State of Illinois. 3 Any funds paid by providers in accordance with subsection 4 (c) shall be deposited into the Community Mental Health and 5 Developmental Disabilities Services Provider Participation 6 Fee Trust Fund. 7 Any funds paid by the federal government under Title XIX 8 of the Social Security Act to the State of Illinois for 9 services delivered by mental health or developmental 10 disabilities services community providers shall be deposited 11 into the Community Mental Health and Developmental 12 Disabilities Services Provider Participation Fee Trust Fund 13 if: 14 (1) the non-federal share is derived through 15 payment of fees by providers in accordance with 16 subsection (c); or 17 (2) the non-federal share is derived from local 18 government funds certification without regard to payment 19 of a fee by a provider. 20 (b) Definitions. As used in this Section: 21 "Fee" means a provider participation fee required to be 22 submitted by each applicable provider to the State according 23 to the process described in subsection (c). This fee is 24 imposed pursuant to the authority granted by Sections 1 and 2 25 of Article IX of the Illinois Constitution of 1970. 26 "Fee year" means the fiscal year beginning July 1 and 27 ending June 30 for which the fee amount applies. 28 "Fund" means the Community Mental Health and 29 Developmental Disabilities Services Provider Participation 30 Fee Trust Fund in the State Treasury which is hereby created. 31 Interest earned by the Fund shall be credited to the Fund. 32 "Local government funds certification" means the process 33 by which a unit of local government certifies the expenditure 34 of local government funds for the purchase of a community SB745 Engrossed -185- LRB9101253EGfg 1 mental health or developmental disabilities service for which 2 federal funds are available to the State on a matching basis 3 through Title XIX of the Social Security Act. 4 "Medicaid reimbursed service" means a service provided by 5 a provider under an agreement with the Department which is 6 eligible for reimbursement from the federal Medicaid program 7 and which is subject to the fee process. 8 "Provider" means a community agency which is funded by 9 the Department to provide a Medicaid-reimbursed service. 10 (c) Payment of fees due. Each year the Department shall 11 calculate a fee which must be paid by the provider. 12 (1) Calculation of projected payments. The 13 Department shall determine the amount of the total gross 14 payment projected to be made by the Department during 15 that fiscal year to the provider for covered services. 16 The projected payment shall take into consideration the 17 unit rates for services, the prior year's units of 18 service billed by the provider, and any factors which 19 will influence a change in the number of units of service 20 to be billed during the fee year. 21 (A) Differential payment schedule. If a 22 provider's projected total gross payment for the fee 23 year exceeds by more than 20% the actual total gross 24 payment for the year prior to the fee year, the 25 Department shall establish a fee payment schedule 26 for that provider which reflects the increasing 27 payments projected for the fee year. This special 28 payment schedule shall require lesser fee payments 29 during the first quarter with gradually increasing 30 fee payments according to the projected growth in 31 Medicaid receipts. 32 (B) Adjustment of inaccurate projections. If 33 a provider's projected total gross payment for the 34 fee exceeds by more than 20% the actual total gross SB745 Engrossed -186- LRB9101253EGfg 1 payment for the year prior to the fee year, the 2 Department shall monitor the actual total gross 3 payments on a quarterly basis throughout the fee 4 year. If, at the end of any quarter, actual 5 payments for the fee year to date differ by more 6 than 10% from projected payments, the Department 7 shall issue a revised fee amount to the provider. 8 If the actual payments exceed those projected, the 9 provider must submit the appropriate revised fee 10 amount within 30 days of the date the Department 11 sends the notification of the revised amount. If 12 the actual amounts are less than the projected 13 amounts, the Department must return to the provider 14 the appropriate share of overpaid fees, if any, 15 within 30 days of the determination of the 16 discrepancy. 17 (2) Multiplier. The Department shall multiply the 18 projected total gross payment by an amount of not more 19 than 15% to determine the fee amount. 20 (3) Notification. The Department shall notify each 21 provider in writing of the amount of the fee and the 22 required procedure for submitting the required payment. 23 (4) Provider submission of fee. Each applicable 24 provider must submit the specified fee in equal quarterly 25 amounts due on the first business date of each calendar 26 quarter. 27 (5) (A) Any provider that fails to pay the fee when 28 due, or pays less than the full amount due, shall be 29 required to pay a penalty of 10% of the delinquency 30 or deficiency for each month, or any fraction 31 thereof, computed on the full amount of the 32 delinquency or deficiency, from the time the fee was 33 due. 34 (B) In addition, the Illinois Department may SB745 Engrossed -187- LRB9101253EGfg 1 take action to notify the Office of the Comptroller 2 to collect any amount of monies owed under this 3 Section, pursuant to Section 10.05 of the State 4 Comptroller Act, or may suspend payments to, or 5 cancel or refuse to issue, extend, or reinstate a 6 Provider Contract or Agreement to, any provider 7 which has failed to pay any delinquent fee or 8 penalty. 9 (6) Local government funds certification. If local 10 government funds are used as a source of a portion or the 11 entire fee amount, the provider may certify the planned 12 spending of these local funds for the specified services 13 in lieu of actual cash payment to the Fund. This 14 certification must be accompanied by a statement from 15 each local government funder stating the intent of that 16 funder to contribute the applicable portion of the fee 17 amount. If this certification process is used, the 18 provider must also submit to the Department by October 31 19 of the year following the fee year an annual audit 20 statement from a certified public accountant firm 21 demonstrating that the local government funds were spent 22 for the intended service in the amounts required 23 according to the fee amount. If these local government 24 funds were not spent for the Medicaid service as 25 required, the provider must pay to the State the amount 26 of the fee which was not spent, plus a fine of 25% of the 27 amount of the fee not properly covered by the local 28 government funds certification process. This payment 29 must be submitted to the State Treasury by October 31 of 30 the year following the fee year. 31 (d) Use of the Fund. 32 (1) Revenue. The Fund may receive deposits from 33 the federal government in accordance with subsection (a) 34 and from provider fees in accordance with subsection (c). SB745 Engrossed -188- LRB9101253EGfg 1 (2) Protection from reduction. The moneys in the 2 Fund shall be exempt from any State budget reduction 3 Acts. The Fund shall not be used to replace any funds 4 otherwise appropriated to the Medicaid program by the 5 General Assembly. 6 (3) Administration; Contingency reserve. Moneys 7 paid from the Fund shall be used first for payment of 8 administrative expenses incurred by the Department in 9 performing the activities authorized by this Section, 10 including payments of any amounts which are reimbursable 11 to the federal government for payments from this Fund 12 which are required to be paid by State warrant. 13 Disbursements from this Fund shall be by warrants drawn 14 by the State Comptroller upon receipt of vouchers duly 15 executed and certified by the Department. The Department 16 may also establish a contingency reserve of no more than 17 3% of the total moneys collected in any one year. 18 (4)(Blank).After paying the necessary 19 administrative expenses and providing for a contingency, 20 the Department shall spend the remaining moneys in the 21 Fund to reimburse providers for providing Medicaid 22 services. 23 (A) In the aggregate, providers are entitled 24 to a return of the entire amount required plus the 25 federal matching portion less administrative 26 expenses and less the allowed 3% contingency 27 reserve, based on fees paid before October 1, 1992. 28 No provider will receive back less than the amount 29 required as a fee, for fees paid before October 1, 30 1992. 31 (B) The Department shall maintain records that 32 show the amount of money that has been paid by each 33 provider into the Fund and the amount of money that 34 has been paid from the Fund to each provider. SB745 Engrossed -189- LRB9101253EGfg 1 (5) Audit. The Department shall conduct an annual 2 audit of the Fund to determine that amounts received from 3 or paid to providers were correct. If a unit of local 4 government certified non-federal funds, the provider must 5 submit to the Department within 120 days after the end of 6 the fiscal year an annual audit statement from a 7 certified public accountant firm demonstrating that the 8 local government funds were spent for the intended 9 service in the amounts required. If an audit identifies 10 amounts that a provider should have been required to pay 11 and did not pay, a provider should not have been required 12 to pay but did pay, a provider should not have received 13 but did receive, or a provider should have received but 14 did not receive, the Department shall: 15 (A) Make the corrected payments to the 16 provider; 17 (B) Correct the fee amount and any related 18 fines; or 19 (C) Take action to recover required amounts 20 from the provider. 21 (e) Applicability contingent on federal funds. The 22 requirements of subsection (c) shall apply only as long as 23 federal funds under the Medicaid Program are provided for the 24 purposes of this Section and only as long as reimbursable 25 expenditures are matched at the federal Medicaid percentage 26 of at least 50%. Whenever the Department is informed that 27 federal funds are not to be provided for these purposes or 28 are provided at a lower percentage, the Department shall 29 promptly refund to each provider the amount of money 30 deposited by each provider, minus payments made from fee 31 funds to the provider, minus the proportionate share of funds 32 spent for administration, plus the proportionate share of any 33 investment earnings. In no event shall the Department 34 calculate a fee or require the payment of a fee for any SB745 Engrossed -190- LRB9101253EGfg 1 quarter beginning on or after October 1, 1992. 2 (f) The Department may promulgate rules and regulations 3 to implement this Section. For the purposes of the Illinois 4 Administrative Procedure Act, the adoption or amendment of 5 rules to implement this amendatory Act of 1991 shall be 6 deemed an emergency and necessary for the public interest, 7 safety and welfare. 8 (Source: P.A. 89-626, eff. 8-9-96; 90-372, eff. 7-1-98; 9 revised 10-31-98.) 10 (20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22) 11 Sec. 22. To accept and hold in behalf of the State, if 12 for the public interest, a grant, gift or legacy of money or 13 property to the State of Illinois, to the Department, or to 14 any facility of the Department made in trust for the 15 maintenance or support of a recipient at a facility of the 16 Department, or for any other legitimate purpose connected 17 with such facility. The Department shall accept any donation 18 for the board and treatment of any recipient. The Department 19 also may accept and hold a grant, gift, or legacy of money or 20 property made or given to a facility of the Department that 21 is no longer operating or to a facility of the Department 22 that is operating under a different name, provided that if 23 the grant, gift or legacy was made for a particular purpose, 24 the Department shall, to the extent practicable, use the 25 grant, gift or legacy in a manner that carries out that 26 purpose with regard to another facility operated by the 27 Department for the same purpose, or in the latter case, with 28 regard to that same facility of the Department that is 29 operating under a different name. The Department shall cause 30 each gift, grant or legacy to be kept as a distinct fund, and 31 shall invest the same in the manner provided by the laws of 32 this State as the same now exist, or shall hereafter be 33 enacted, relating to securities in which the deposit in a SB745 Engrossed -191- LRB9101253EGfg 1 savings bank may be invested. But the Department may, in its 2 discretion, deposit in a proper trust company or savings 3 bank, during the continuance of the trust, any fund so left 4 in trust for the life of a person, and shall adopt rules and 5 regulations governing the deposit, transfer, or withdrawal of 6 such fund. The Department shall on the expiration of any 7 trust as provided in any instrument creating the same, 8 dispose of the fund thereby created in the manner provided in 9 such instrument. The Department shall include in its annual 10 report a statement showing what funds are so held by it and 11 the condition thereof. Monies found on the recipients at the 12 time of their admission, or accruing to them during their 13 period of facility care, and monies deposited with the 14 facility director by relatives, guardians or friends of 15 recipients for the special comfort and pleasure of such 16 recipients, shall remain in the custody of such facility 17 director who shall act as trustee for disbursement to, in 18 behalf of, or for the benefit of such recipients. All types 19 of retirement and pension benefits from private and public 20 sources may be paid directly to the director of the facility 21 where the recipient is a resident, for deposit to the 22 recipient's trust fund account. Banks, trust companies, 23 savings and loan companies and insurance carriers having in 24 their possession funds of $1,000 or less belonging to a 25 recipient in aanfacility of the Department shall release 26 such funds to the director of the facility where the 27 recipient is a resident, for deposit to the recipient's trust 28 fund account. The facility director shall provide a receipt 29 to any bank, trust company, savings and loan company or 30 insurance carrier for the amount received and such receipt 31 shall constitute a valid and sufficient discharge and release 32 of the obligation of such bank, trust company, savings and 33 loan company or insurance carrier to the recipient for whom 34 such payment was so made, to the extent of the payment made. SB745 Engrossed -192- LRB9101253EGfg 1 Each facility director shall keep in a book an itemized 2 account of all receipts and expenditures of funds described 3 in the above proviso, which book shall be open at all times 4 to the inspection of the Department. 5 (Source: P.A. 86-922; revised 10-31-98.) 6 Section 29. The Illinois National Guardsman's 7 Compensation Act is amended by changing Section 3 as follows: 8 (20 ILCS 1825/3) (from Ch. 129, par. 403) 9 Sec. 3. If a claim therefor is made within one year of 10 the date of the death of the guardsman, compensation shall be 11 paid to the person designated by such guardsman killed while 12 on duty. The amount of compensation shall be equal to the 13 greater of (i) $100,000 or (ii) the amount of compensation 14 payable under Section 3 of the Law Enforcement Officers, 15 Civil Defense Workers, Civil Air Patrol Members, Paramedics, 16 Firemen, Chaplains, and State Employees Compensation Act when 17 an individual to whom that Act applies is killed in the line 18 of duty. If no beneficiary is designated or surviving at the 19 death of the guardsman killed while on duty, the compensation 20 shall be paid as follows: 21 (a) When there is a surviving spouse, the entire 22 sum shall be paid to the spouse.;23 (b) When there is no surviving spouse, but a 24 surviving descendant of the decedent, the entire sum 25 shall be paid to the decedent's descendants per stirpes.;2627 (c) When there is neither a surviving spouse nor a 28 surviving descendant, the entire sum shall be paid to the 29 parents of the decedent in equal parts, allowing to the 30 surviving parent, if one is dead, the entire sum. 31 (d) When there is no surviving spouse, descendant 32 or parent of the decedent, but there are surviving SB745 Engrossed -193- LRB9101253EGfg 1 brothers or sisters, or descendants of a brother or 2 sister, who were receiving their principal support from 3 the decedent at his death, the entire sum shall be paid, 4 in equal parts, to the dependent brothers or sisters or 5 dependent descendant of a brother or sister. Dependency 6 shall be determined by the Court of Claims based upon the 7 investigation and report of the Attorney General. 8 When there is no beneficiary designated or surviving at 9 the death of the guardsman killed while on duty and no 10 surviving spouse, descendant, parent,nordependent brother 11 or sister, or dependent descendant of a brother or sister, no 12 compensation shall be payable under this Act. 13 No part of such compensation may be paid to any other 14 person for any efforts in securing such compensation. 15 (Source: P.A. 88-518; 89-323, eff. 1-1-96; revised 10-31-98.) 16 Section 30. The Surface Coal Mining Fee Act is amended 17 by changing Section 1 as follows: 18 (20 ILCS 1915/1) (from Ch. 96 1/2, par. 7501) 19 Sec. 1. Legislative findings and intent. 20 (a) The General Assembly finds that: 21 (1) the purposes of the "Surface Mining Control and 22 Reclamation Act of 1977" (30 USC 1201 et seq.) include 23 the establishment of a program to protect society and the 24 environment from the adverse effects of surface coal 25 mining operations and from the adverse surface effects of 26 underground coal mining operations; 27 (2) the purposes of the above Act also include the 28 promoting of the reclamation of mined areas left without 29 adequate reclamation prior to the enactment of this Act 30 and which continue, in their unreclaimed conditions, to 31 substantially degrade the quality of the environment; 32 (3) the purposes of the above Act also include the SB745 Engrossed -194- LRB9101253EGfg 1 assurance that the coal supply essential to the Nation's 2 energy requirements, and to its economic and social 3 well-being is provided, and to encourage the full 4 utilization of coal resources. 5 (b) The General Assembly also finds that: 6 (1) during the mining and preparation of coal, a 7 portion of the coal is lost in the tailings produced; 8 (2) this lost coal, in gob or slurry form, can be 9 recovered in an economic and useable fashion; 10 (3) the recovery of this coal, which may constitute 11 twenty percent or more of a gob pile, and which may 12 constitute fifty percent or more of a slurry pond, in 13 effect conserves energy by increasing the efficiency of 14 utilization of a valuable fuel resource; 15 (4) the recovery of this coal, when conducted in 16 accordance with the permits required by the Illinois 17 Department of Natural Resources and the Illinois 18 Environmental Protection Agency, contributes to the 19 reclamation of the land, in that the total volume of 20 wastes to be handled is reduced. 21 (c) It is the purpose of this Act: 22 (1) to include the recovery of coal from gob and 23 slurry as a part of the land reclamation process and as a 24 form of energy conservation; and 25 (2) to provide that a portion of the funds 26 collected by the Office of Surface Mining Reclamation and 27 Enforcement and returned to the State of Illinois be used 28 for coal recovery. 29 (Source: P.A. 89-445, eff 2-7-96; revised 10-31-98.) 30 Section 31. The Abandoned Mined Lands and Water 31 Reclamation Act is amended by changing Sections 2.04 and 3.02 32 as follows: SB745 Engrossed -195- LRB9101253EGfg 1 (20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04) 2 Sec. 2.04. Reclamation. 3 (a) The Department or such agency or department of State 4 government as the Department may designate pursuant to 5 subsection (d) of Section 3.05 may enter and reclaim 6 abandoned lands under this Section if the Department finds 7 that: 8 (1) land or water resources have been adversely 9 affected by past coal mining practices; and 10 (2) the adverse effects are at a stage where, in 11 the public interest, action to restore, reclaim, abate, 12 control, or prevent should be taken; and 13 (3) the owners of the land or water resources where 14 entry must be made to restore, reclaim, abate, control, 15 or prevent the adverse effects of past coal mining 16 practices are not known, or readily available; or(4)the 17 owners will not give permission for the United States, 18 the States, political subdivisions, their agents, 19 employees, or contractors to enter upon such property to 20 restore, reclaim, abate, control, or prevent the adverse 21 effects of past coal mining practices. 22 (b) After (1) the findings required by subsection (a) of 23 this Section have been made, and (2) giving notice by mail 24 return receipt requested to the owners if known or if not 25 known by posting notice upon the premises and advertising 26 once in a newspaper of general circulation in the 27 municipality in which the land lies, the Department or such 28 agency or department of State government as the Department 29 may designate pursuant to subsection (d) of Section 3.05 30 shall have the right to enter on the property adversely 31 affected by past mining practices and any other property to 32 have access to such property to do all things necessary or 33 expedient to restore, reclaim, abate, control, or prevent the 34 adverse effects. SB745 Engrossed -196- LRB9101253EGfg 1 (c) The moneys expended for such work and the benefits 2 accruing to any such premises so entered upon shall be 3 chargeable against such land and shall mitigate or offset any 4 claim in or any action brought by any owner of any interest 5 in such premises for any alleged damage by virtue of such 6 entry. This provision is not intended to create new rights 7 of action or eliminate existing immunities. 8 (d) Entry under this Section shall be construed as an 9 exercise of the police power for the protection of public 10 health, safety, and general welfare and shall not be 11 construed as an act of condemnation of property nor trespass 12 thereon. 13 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.) 14 (20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02) 15 Sec. 3.02. State reclamation program. 16(a)The Department may prepare and submit under the 17 Federal Act (1) a State reclamation plan and appropriate 18 amendments, (2) annual project lists and program plans, (3) 19 grant proposals for federal funding, (4) inventories of 20 previous projects, (5) annual and other reports as may be 21 appropriate, and (6) such other applications, certifications 22 or documents as may be required under the Federal Act in 23 connection with reclamation or acquisition of abandoned 24 lands. 25 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.) 26 Section 32. The Civil Administrative Code of Illinois is 27 amended by changing Sections 60b, 60g, and 60m and 28 renumbering Section 62.1 (110 ILCS 355/62.1) as follows: 29 (20 ILCS 2105/60b) (from Ch. 127, par. 60b) 30 Sec. 60b. In the construction of Sections 60, 60a, 60b, 31 60c, 60d, 60e, 60f, 60g, and 60h,60i, 60j, 60k, and 60L,the SB745 Engrossed -197- LRB9101253EGfg 1 following definitions shall govern unless the context 2 otherwise clearly indicates. 3 "Department" shall mean the Department of Professional 4 Regulation. 5 "Registrant" shall mean a person who holds or claims to 6 hold a certificate as defined herein. 7 "Certificate" shall mean a license, certificate of 8 registration, permit or other authority purporting to be 9 issued or conferred by the Department by virtue or authority 10 of which the registrant has or claims the right to engage in 11 a profession, trade, occupation or operation of which the 12 Department has jurisdiction. 13 "Board" shall mean the board of persons designated for a 14 profession, trade or occupation under the provisions of any 15 Act now or hereafter in force whereby the jurisdiction of 16 such profession, trade or occupation is devolved on the 17 Department. 18 (Source: P.A. 85-225; revised 10-31-98.) 19 (20 ILCS 2105/60g) (from Ch. 127, par. 60g) 20 Sec. 60g. The board shall present to the Director its 21 written report of its findings and recommendations. A copy 22 of such report shall be served upon the registrant, either 23 personally or by registered mail as provided in Section 60c 2460-cfor the service of the citation. Within 20twentydays 25 after such service, the registrant may present to the 26 department his motion in writing for a rehearing, which 27 written motion shall specify the particular grounds therefor. 28 If the registrant shall order and pay for a transcript of the 29 record as provided in Section 60f60-f, the time elapsing 30 thereafter and before such transcript is ready for delivery 31 to him shall not be counted as part of such 20twentydays. 32 (Source: P.A. 83-230; revised 10-31-98.) SB745 Engrossed -198- LRB9101253EGfg 1 (20 ILCS 2105/60m) (from Ch. 127, par. 60m) 2 Sec. 60m. Notwithstanding any of the provisions of 3 Section 60, 60.1, 60a,60-a,60b, 60c, 60d,60-d,60e, 60f, 4 60g,60-gor 60h of this Act, the Department shall suspend, 5 revoke, place on probationary status, or take such other 6 disciplinary action as it deems proper for violations of 7 Section 22 of the Medical Practice Act of 1987, as amended, 8 only in accordance with Sections 7 and 36 through 46 of that 9 Act. 10 (Source: P.A. 85-1209; revised 10-31-98.) 11 (20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1) 12 Sec. 61f.62.1.Design Professionals Dedicated Employees. 13 There is established within the Department of Professional 14 Regulation certain design professionals dedicated employees. 15 These employees shall be devoted exclusively to the 16 administration and enforcement of the Illinois Architecture 17 Practice Act, the Illinois Professional Land Surveyor Act of 18 1989, the Professional Engineering Practice Act of 1989, and 19 the Structural Engineering Licensing Act of 1989. The design 20 professionals dedicated employees that the Director shall 21 employ, in conformity with the Personnel Code, at a minimum 22 shall consist of one full-time design licensing Coordinator, 23 one full-time Assistant Coordinator, 4 full-time licensing 24 clerks, one full-time attorney, and 2 full-time 25 investigators. These employees shall work exclusively in the 26 licensing and enforcement of the design profession Acts set 27 forth in this Section and shall not be used for the licensing 28 and enforcement of any other Act or other duties in the 29 Department of Professional Regulation. 30 (Source: P.A. 87-781; revised 10-28-98.) 31 Section 33. The Illinois Health Finance Reform Act is 32 amended by changing Sections 4-3 and 5-1 as follows: SB745 Engrossed -199- LRB9101253EGfg 1 (20 ILCS 2215/4-3) (from Ch. 111 1/2, par. 6504-3) 2 Sec. 4-3. Confidentiality. 3 (a) As indicated elsewhere in this Act, all steps 4 necessary under State and Federal law to protect patient 5 confidentiality shall be undertaken by the Council to prevent 6 the identification of individual patient records. 7 Regulations are to be written to assure the confidentiality 8 of patient records when gathering and submitting data to the 9 Council or designated corporation, association or entity. 10 (b) The information submitted to the Council, designated 11 corporation, association or entity by hospitals pursuant to 12 subsections (c) and (e) of Section 4-2 shall be privileged 13 and confidential, and shall not be disclosed in any manner. 14 The foregoing includes, but shall not be limited to, 15 disclosure, inspection or copying under the Freedom of 16 Information Act, the State Records Act, and paragraph (1) of 17 Section 404 of the Illinois Insurance Code. However, the 18 prohibitions stated in this subsection shall not apply to the 19 compilations of information assembled by the Council pursuant 20 to subsections (k) and (m) of Section 4-2. 21 (c) Any person or organization, including but not 22 limited to, hospitals, government agencies, associations, 23 businesses, or researchers receiving data under an agreement 24 with the Council under the terms indicated in Section 6504-2 25 shall be required to adhere strictly to the terms of the 26 agreement, especially the terms that are related to 27 preserving patient confidentiality. The use of Council data 28 either alone or in combination with data from another source 29 or sources to identify specific patients is prohibited unless 30 such identification is specifically authorized by Illinois 31 Statute and agreed to in writing by the Council. An 32 intentional breach of patient confidentiality not authorized 33 by statute and the Council shall render the responsible 34 individual or organization liable to the penalties under SB745 Engrossed -200- LRB9101253EGfg 1 Section 5-26505-2. 2 (Source: P.A. 88-535; revised 10-31-98.) 3 (20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1) 4 Sec. 5-1. Mandatory Utilization Review. 5 (a) Except as prohibited by Federal law or regulations, 6 any third party payor shall have the option to require 7 utilization review for hospital admissions and continued 8 hospital stays, except for the Illinois Department of Public 9 Aid for payment of hospital services for recipients of 10 assistance under Articles V, VI, and VII of the Illinois 11 Public Aid Code. The payor shall have the option to contract 12 with a medical peer review organization, provided that the 13 organization is at minimum, composed of 10% of area 14 physicians, or the hospital to perform utilization review or 15 to conduct its own utilization review. A medical peer review 16 organization, as defined, may also contract with hospitals to 17 perform reviews on a delegated basis. The utilization review 18 process shall provide for the timely notification of patients 19 by the third party payor or review organization that further 20 services are deemed inappropriate or medically unnecessary. 21 Such notification shall inform the patient that his third 22 party payor will cease coverage after a stated period from 23 the date of the notification. No third party payor shall be 24 liable for charges for health care services rendered by a 25 hospital subsequent to the end of the notification period. 26 Nothing in this Section shall be construed as authorizing 27 any person or third party payor, other than through the use 28 of physicians licensed to practice medicine in all of its 29 branches or other licensed health care professionals under 30 the supervision of said physicians, to conduct utilization 31 review. 32 (b) All costs associated with utilization review under 33 this section shall be billed to and paid by the third party SB745 Engrossed -201- LRB9101253EGfg 1 payor ordering the review. 2 (c) Any third party payor for hospital services may 3 contract with a hospital for a program of utilization review 4 different than that required by this subsection, which 5 contract may provide for the withholding and denial of 6 payment for hospital services to a beneficiary, when such 7 treatment is found in the course of utilization review to 8 have been inappropriate and unwarranted in the case of that 9 beneficiary. 10 (d) All records and reports arising as a result of this 11 subsection shall be strictly privileged and confidential, as 12 provided under Part 21 of Article VIII8of the Code of Civil 13 Procedure. 14 (Source: P.A. 83-1243; revised 10-31-98.) 15 Section 34. The Civil Administrative Code of Illinois is 16 amended by changing Sections 55.57 and 55.76 and by setting 17 forth and renumbering multiple versions of Section 55.84 as 18 follows: 19 (20 ILCS 2310/55.57) (from Ch. 127, par. 55.57) 20 Sec. 55.57. Community Health Centers. From 21 appropriations from the Community Health Center Care Fund, a 22 special fund in the State treasury which is hereby created, 23 the Department shall provide financial assistance (a) to(a)24 migrant health centers and community health centers 25 established pursuant to Sections 329 or 330 of the federal 26 Public Health Service Act or which meet the standards 27 contained in either of those Sections; and (b) for the 28 purpose of establishing new migrant health centers or 29 community health centers in areas of need. 30 (Source: P.A. 86-996; 86-1028; revised 10-31-98.) 31 (20 ILCS 2310/55.76) SB745 Engrossed -202- LRB9101253EGfg 1 Sec. 55.76. Heart Disease Treatment and Prevention Fund; 2 grants. From funds appropriated from the Heart Disease 3 Treatment and Prevention Fund, a special fund created in the 4 State treasury, the Illinois Department of Public Health 5 shall make grants to public and private agencies for the 6 purposes of funding (i) research into causes, prevention, and 7 treatment of heart disease and (ii) public education relating 8 to treatment and prevention of heart disease withinwiththe 9 State of Illinois. 10 (Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95; 11 revised 10-31-98.) 12 (20 ILCS 2310/55.84) 13 Sec. 55.84. Breast feeding; public information campaign. 14 The Department of Public Health may conduct an information 15 campaign for the general public to promote breast feeding of 16 infants by their mothers. The Department may include the 17 information in a brochure prepared under Section 55.64 or in 18 a brochure that shares other information with the general 19 public and is distributed free of charge. If the Department 20 includes the information required under this Section in a 21 brochure authorized or required under another provision of 22 law, the Department may continue to use existing stocks of 23 that brochure before adding the information required under 24 this Section but shall add that information in the next 25 printing of the brochure. The information required under 26 this Section may be distributed to the parents or legal 27 custodians of each newborn upon discharge of the infant from 28 a hospital or other health care facility. 29 (Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98.) 30 (20 ILCS 2310/55.89) 31 Sec. 55.89.55.84.Aging Veterans Task Force. 32 (a) The Director of Public Health shall appoint an Aging SB745 Engrossed -203- LRB9101253EGfg 1 Veterans Task Force to study the capability of the State to 2 provide health care to veterans of the armed forces after the 3 year 2000. The task force shall consist of persons 4 representing the Department, the Department of Veterans' 5 Affairs, Illinois Veterans Homes, hospitals, nursing homes, 6 other health care facilities, and advocates for residents of 7 Illinois Veterans Homes, hospitals, nursing homes, and other 8 health care facilities. Members of the task force shall 9 serve without compensation other than reimbursement for 10 necessary expenses incurred in the performance of their 11 duties. 12 (b) The task force shall conduct a comprehensive 13 examination of the future demands for health care by the 14 State's aging veteran population and the ability of the State 15 to provide that health care. 16 (c) The task force shall make recommendations to assist 17 the Department and the Department of Veterans' Affairs in 18 developing agency and legislative changes to provide health 19 care to the State's veterans after the year 2000. The task 20 force shall report its recommendations to the Department 21 before January 1, 1999. 22 (Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.) 23 Section 35. The Blind Persons Operating Vending 24 Facilities Act is amended by changing Section 8 as follows: 25 (20 ILCS 2420/8) (from Ch. 23, par. 3338) 26 Sec. 8. The Department shall assign any available 27 vending facility to an operator in the following manner: 28 (A) An objective set of criteria promulgated by rules 29 and regulations adopted pursuant to the Illinois 30 Administrative Procedure Act. 31 (B) The Department shall notify all licensed operators 32 in writing of the availability of any vending facilities SB745 Engrossed -204- LRB9101253EGfg 1 within the program as far in advance as is practicable. Such 2 notice shall include a description of the type of facility, 3 its characteristics, and its geographic location, the type of 4 building in which the facility is located, date of 5 availability, anticipated income or income experience, 6 contractual considerations such as hours, price limitations 7 or subsidies, if any, business telephone number of the 8 current operator, when applicable, and availability of public 9 transportation. The notice shall contain a deadline for 10 responses which is no less than 14 days after its issuance. 11 (C) The Department shall consider as qualified only bids 12 received from operators who have received certification 13 fitting the description of the facility contained in the 14 notice. In this manner, a list of qualified bidders shall be 15 formed, and the facility shall be offered to the most 16 qualified bidder. 17 (Source: P.A. 83-1534; revised 10-31-98.) 18 Section 36. The Civil Administrative Code of Illinois is 19 amended by changing Section 55a as follows: 20 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 21 (Text of Section before amendment by P.A. 90-590) 22 Sec. 55a. Powers and duties. 23 (A) The Department of State Police shall have the 24 following powers and duties, and those set forth in Sections 25 55a-1 through 55c: 26 1. To exercise the rights, powers and duties which have 27 been vested in the Department of Public Safety by the State 28 Police Act. 29 2. To exercise the rights, powers and duties which have 30 been vested in the Department of Public Safety by the State 31 Police Radio Act. 32 3. To exercise the rights, powers and duties which have SB745 Engrossed -205- LRB9101253EGfg 1 been vested in the Department of Public Safety by the 2 Criminal Identification Act. 3 4. To (a) investigate the origins, activities, personnel 4 and incidents of crime and the ways and means to redress the 5 victims of crimes, and study the impact, if any, of 6 legislation relative to the effusion of crime and growing 7 crime rates, and enforce the criminal laws of this State 8 related thereto, (b) enforce all laws regulating the 9 production, sale, prescribing, manufacturing, administering, 10 transporting, having in possession, dispensing, delivering, 11 distributing, or use of controlled substances and cannabis, 12 (c) employ skilled experts, scientists, technicians, 13 investigators or otherwise specially qualified persons to aid 14 in preventing or detecting crime, apprehending criminals, or 15 preparing and presenting evidence of violations of the 16 criminal laws of the State, (d) cooperate with the police of 17 cities, villages and incorporated towns, and with the police 18 officers of any county, in enforcing the laws of the State 19 and in making arrests and recovering property, (e) apprehend 20 and deliver up any person charged in this State or any other 21 State of the United States with treason, felony, or other 22 crime, who has fled from justice and is found in this State, 23 and (f) conduct such other investigations as may be provided 24 by law. Persons exercising these powers within the Department 25 are conservators of the peace and as such have all the powers 26 possessed by policemen in cities and sheriffs, except that 27 they may exercise such powers anywhere in the State in 28 cooperation with and after contact with the local law 29 enforcement officials. Such persons may use false or 30 fictitious names in the performance of their duties under 31 this paragraph, upon approval of the Director, and shall not 32 be subject to prosecution under the criminal laws for such 33 use. 34 5. To: (a) be a central repository and custodian of SB745 Engrossed -206- LRB9101253EGfg 1 criminal statistics for the State, (b) be a central 2 repository for criminal history record information, (c) 3 procure and file for record such information as is necessary 4 and helpful to plan programs of crime prevention, law 5 enforcement and criminal justice, (d) procure and file for 6 record such copies of fingerprints, as may be required by 7 law, (e) establish general and field crime laboratories, (f) 8 register and file for record such information as may be 9 required by law for the issuance of firearm owner's 10 identification cards, (g) employ polygraph operators, 11 laboratory technicians and other specially qualified persons 12 to aid in the identification of criminal activity, and (h) 13 undertake such other identification, information, laboratory, 14 statistical or registration activities as may be required by 15 law. 16 6. To (a) acquire and operate one or more radio 17 broadcasting stations in the State to be used for police 18 purposes, (b) operate a statewide communications network to 19 gather and disseminate information for law enforcement 20 agencies, (c) operate an electronic data processing and 21 computer center for the storage and retrieval of data 22 pertaining to criminal activity, and (d) undertake such other 23 communication activities as may be required by law. 24 7. To provide, as may be required by law, assistance to 25 local law enforcement agencies through (a) training, 26 management and consultant services for local law enforcement 27 agencies, and (b) the pursuit of research and the publication 28 of studies pertaining to local law enforcement activities. 29 8. To exercise the rights, powers and duties which have 30 been vested in the Department of State Police and the 31 Director of the Department of State Police by the Narcotic 32 Control Division Abolition Act. 33 9. To exercise the rights, powers and duties which have 34 been vested in the Department of Public Safety by the SB745 Engrossed -207- LRB9101253EGfg 1 Illinois Vehicle Code. 2 10. To exercise the rights, powers and duties which have 3 been vested in the Department of Public Safety by the Firearm 4 Owners Identification Card Act. 5 11. To enforce and administer such other laws in 6 relation to law enforcement as may be vested in the 7 Department. 8 12. To transfer jurisdiction of any realty title to 9 which is held by the State of Illinois under the control of 10 the Department to any other department of the State 11 government or to the State Employees Housing Commission, or 12 to acquire or accept Federal land, when such transfer, 13 acquisition or acceptance is advantageous to the State and is 14 approved in writing by the Governor. 15 13. With the written approval of the Governor, to enter 16 into agreements with other departments created by this Act, 17 for the furlough of inmates of the penitentiary to such other 18 departments for their use in research programs being 19 conducted by them. 20 For the purpose of participating in such research 21 projects, the Department may extend the limits of any 22 inmate's place of confinement, when there is reasonable cause 23 to believe that the inmate will honor his or her trust by 24 authorizing the inmate, under prescribed conditions, to leave 25 the confines of the place unaccompanied by a custodial agent 26 of the Department. The Department shall make rules governing 27 the transfer of the inmate to the requesting other department 28 having the approved research project, and the return of such 29 inmate to the unextended confines of the penitentiary. Such 30 transfer shall be made only with the consent of the inmate. 31 The willful failure of a prisoner to remain within the 32 extended limits of his or her confinement or to return within 33 the time or manner prescribed to the place of confinement 34 designated by the Department in granting such extension shall SB745 Engrossed -208- LRB9101253EGfg 1 be deemed an escape from custody of the Department and 2 punishable as provided in Section 3-6-4 of the Unified Code 3 of Corrections. 4 14. To provide investigative services, with all of the 5 powers possessed by policemen in cities and sheriffs, in and 6 around all race tracks subject to the Horse Racing Act of 7 1975. 8 15. To expend such sums as the Director deems necessary 9 from Contractual Services appropriations for the Division of 10 Criminal Investigation for the purchase of evidence and for 11 the employment of persons to obtain evidence. Such sums shall 12 be advanced to agents authorized by the Director to expend 13 funds, on vouchers signed by the Director. 14 16. To assist victims and witnesses in gang crime 15 prosecutions through the administration of funds appropriated 16 from the Gang Violence Victims and Witnesses Fund to the 17 Department. Such funds shall be appropriated to the 18 Department and shall only be used to assist victims and 19 witnesses in gang crime prosecutions and such assistance may 20 include any of the following: 21 (a) temporary living costs; 22 (b) moving expenses; 23 (c) closing costs on the sale of private residence; 24 (d) first month's rent; 25 (e) security deposits; 26 (f) apartment location assistance; 27 (g) other expenses which the Department considers 28 appropriate; and 29 (h) compensation for any loss of or injury to real 30 or personal property resulting from a gang crime to a 31 maximum of $5,000, subject to the following provisions: 32 (1) in the case of loss of property, the 33 amount of compensation shall be measured by the 34 replacement cost of similar or like property which SB745 Engrossed -209- LRB9101253EGfg 1 has been incurred by and which is substantiated by 2 the property owner, 3 (2) in the case of injury to property, the 4 amount of compensation shall be measured by the cost 5 of repair incurred and which can be substantiated by 6 the property owner, 7 (3) compensation under this provision is a 8 secondary source of compensation and shall be 9 reduced by any amount the property owner receives 10 from any other source as compensation for the loss 11 or injury, including, but not limited to, personal 12 insurance coverage, 13 (4) no compensation may be awarded if the 14 property owner was an offender or an accomplice of 15 the offender, or if the award would unjustly benefit 16 the offender or offenders, or an accomplice of the 17 offender or offenders. 18 No victim or witness may receive such assistance if he or 19 she is not a part of or fails to fully cooperate in the 20 prosecution of gang crime members by law enforcement 21 authorities. 22 The Department shall promulgate any rules necessary for 23 the implementation of this amendatory Act of 1985. 24 17. To conduct arson investigations. 25 18. To develop a separate statewide statistical police 26 contact record keeping system for the study of juvenile 27 delinquency. The records of this police contact system shall 28 be limited to statistical information. No individually 29 identifiable information shall be maintained in the police 30 contact statistical record system. 31 19. To develop a separate statewide central adjudicatory 32 and dispositional records system for persons under 19 years 33 of age who have been adjudicated delinquent minors and to 34 make information available to local registered participating SB745 Engrossed -210- LRB9101253EGfg 1 police youth officers so that police youth officers will be 2 able to obtain rapid access to the juvenile's background from 3 other jurisdictions to the end that the police youth officers 4 can make appropriate dispositions which will best serve the 5 interest of the child and the community. Information 6 maintained in the adjudicatory and dispositional record 7 system shall be limited to the incidents or offenses for 8 which the minor was adjudicated delinquent by a court, and a 9 copy of the court's dispositional order. All individually 10 identifiable records in the adjudicatory and dispositional 11 records system shall be destroyed when the person reaches 19 12 years of age. 13 20. To develop rules which guarantee the confidentiality 14 of such individually identifiable adjudicatory and 15 dispositional records except when used for the following: 16 (a) by authorized juvenile court personnel or the 17 State's Attorney in connection with proceedings under the 18 Juvenile Court Act of 1987; or 19 (b) inquiries from registered police youth 20 officers. 21 For the purposes of this Act "police youth officer" means 22 a member of a duly organized State, county or municipal 23 police force who is assigned by his or her Superintendent, 24 Sheriff or chief of police, as the case may be, to specialize 25 in youth problems. 26 21. To develop administrative rules and administrative 27 hearing procedures which allow a minor, his or her attorney, 28 and his or her parents or guardian access to individually 29 identifiable adjudicatory and dispositional records for the 30 purpose of determining or challenging the accuracy of the 31 records. Final administrative decisions shall be subject to 32 the provisions of the Administrative Review Law. 33 22. To charge, collect, and receive fees or moneys 34 equivalent to the cost of providing Department of State SB745 Engrossed -211- LRB9101253EGfg 1 Police personnel, equipment, and services to local 2 governmental agencies when explicitly requested by a local 3 governmental agency and pursuant to an intergovernmental 4 agreement as provided by this Section, other State agencies, 5 and federal agencies, including but not limited to fees or 6 moneys equivalent to the cost of providing dispatching 7 services, radio and radar repair, and training to local 8 governmental agencies on such terms and conditions as in the 9 judgment of the Director are in the best interest of the 10 State; and to establish, charge, collect and receive fees or 11 moneys based on the cost of providing responses to requests 12 for criminal history record information pursuant to positive 13 identification and any Illinois or federal law authorizing 14 access to some aspect of such information and to prescribe 15 the form and manner for requesting and furnishing such 16 information to the requestor on such terms and conditions as 17 in the judgment of the Director are in the best interest of 18 the State, provided fees for requesting and furnishing 19 criminal history record information may be waived for 20 requests in the due administration of the criminal laws. The 21 Department may also charge, collect and receive fees or 22 moneys equivalent to the cost of providing electronic data 23 processing lines or related telecommunication services to 24 local governments, but only when such services can be 25 provided by the Department at a cost less than that 26 experienced by said local governments through other means. 27 All services provided by the Department shall be conducted 28 pursuant to contracts in accordance with the 29 Intergovernmental Cooperation Act, and all telecommunication 30 services shall be provided pursuant to the provisions of 31 Section 67.18 of this Code. 32 All fees received by the Department of State Police under 33 this Act or the Illinois Uniform Conviction Information Act 34 shall be deposited in a special fund in the State Treasury to SB745 Engrossed -212- LRB9101253EGfg 1 be known as the State Police Services Fund. The money 2 deposited in the State Police Services Fund shall be 3 appropriated to the Department of State Police for expenses 4 of the Department of State Police. 5 Upon the completion of any audit of the Department of 6 State Police as prescribed by the Illinois State Auditing 7 Act, which audit includes an audit of the State Police 8 Services Fund, the Department of State Police shall make the 9 audit open to inspection by any interested person. 10 23. To exercise the powers and perform the duties which 11 have been vested in the Department of State Police by the 12 Intergovernmental Missing Child Recovery Act of 1984, and to 13 establish reasonable rules and regulations necessitated 14 thereby. 15 24. (a) To establish and maintain a statewide Law 16 Enforcement Agencies Data System (LEADS) for the purpose of 17 providing electronic access by authorized entities to 18 criminal justice data repositories and effecting an immediate 19 law enforcement response to reports of missing persons, 20 including lost, missing or runaway minors. The Department 21 shall implement an automatic data exchange system to compile, 22 to maintain and to make available to other law enforcement 23 agencies for immediate dissemination data which can assist 24 appropriate agencies in recovering missing persons and 25 provide access by authorized entities to various data 26 repositories available through LEADS for criminal justice and 27 related purposes. To assist the Department in this effort, 28 funds may be appropriated from the LEADS Maintenance Fund. 29 (b) In exercising its duties under this subsection, the 30 Department shall: 31 (1) provide a uniform reporting format for the 32 entry of pertinent information regarding the report of a 33 missing person into LEADS; 34 (2) develop and implement a policy whereby a SB745 Engrossed -213- LRB9101253EGfg 1 statewide or regional alert would be used in situations 2 relating to the disappearances of individuals, based on 3 criteria and in a format established by the Department. 4 Such a format shall include, but not be limited to, the 5 age of the missing person and the suspected circumstance 6 of the disappearance; 7 (3) notify all law enforcement agencies that 8 reports of missing persons shall be entered as soon as 9 the minimum level of data specified by the Department is 10 available to the reporting agency, and that no waiting 11 period for the entry of such data exists; 12 (4) compile and retain information regarding lost, 13 abducted, missing or runaway minors in a separate data 14 file, in a manner that allows such information to be used 15 by law enforcement and other agencies deemed appropriate 16 by the Director, for investigative purposes. Such 17 information shall include the disposition of all reported 18 lost, abducted, missing or runaway minor cases; 19 (5) compile and maintain an historic data 20 repository relating to lost, abducted, missing or runaway 21 minors and other missing persons in order to develop and 22 improve techniques utilized by law enforcement agencies 23 when responding to reports of missing persons; and 24 (6) create a quality control program regarding 25 confirmation of missing person data, timeliness of 26 entries of missing person reports into LEADS and 27 performance audits of all entering agencies. 28 25. On request of a school board or regional 29 superintendent of schools, to conduct an inquiry pursuant to 30 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 31 an applicant for employment in a school district has been 32 convicted of any criminal or drug offenses enumerated in 33 Section 10-21.9 or 34-18.5 of the School Code. The 34 Department shall furnish such conviction information to the SB745 Engrossed -214- LRB9101253EGfg 1 President of the school board of the school district which 2 has requested the information, or if the information was 3 requested by the regional superintendent to that regional 4 superintendent. 5 26. To promulgate rules and regulations necessary for 6 the administration and enforcement of its powers and duties, 7 wherever granted and imposed, pursuant to the Illinois 8 Administrative Procedure Act. 9 27. To (a) promulgate rules pertaining to the 10 certification, revocation of certification and training of 11 law enforcement officers as electronic criminal surveillance 12 officers, (b) provide training and technical assistance to 13 State's Attorneys and local law enforcement agencies 14 pertaining to the interception of private oral 15 communications, (c) promulgate rules necessary for the 16 administration of Article 108B of the Code of Criminal 17 Procedure of 1963, including but not limited to standards for 18 recording and minimization of electronic criminal 19 surveillance intercepts, documentation required to be 20 maintained during an intercept, procedures in relation to 21 evidence developed by an intercept, and (d) charge a 22 reasonable fee to each law enforcement agency that sends 23 officers to receive training as electronic criminal 24 surveillance officers. 25 28. Upon the request of any private organization which 26 devotes a major portion of its time to the provision of 27 recreational, social, educational or child safety services to 28 children, to conduct, pursuant to positive identification, 29 criminal background investigations of all of that 30 organization's current employees, current volunteers, 31 prospective employees or prospective volunteers charged with 32 the care and custody of children during the provision of the 33 organization's services, and to report to the requesting 34 organization any record of convictions maintained in the SB745 Engrossed -215- LRB9101253EGfg 1 Department's files about such persons. The Department shall 2 charge an application fee, based on actual costs, for the 3 dissemination of conviction information pursuant to this 4 subsection. The Department is empowered to establish this 5 fee and shall prescribe the form and manner for requesting 6 and furnishing conviction information pursuant to this 7 subsection. Information received by the organization from the 8 Department concerning an individual shall be provided to such 9 individual. Any such information obtained by the 10 organization shall be confidential and may not be transmitted 11 outside the organization and may not be transmitted to anyone 12 within the organization except as needed for the purpose of 13 evaluating the individual. Only information and standards 14 which bear a reasonable and rational relation to the 15 performance of child care shall be used by the organization. 16 Any employee of the Department or any member, employee or 17 volunteer of the organization receiving confidential 18 information under this subsection who gives or causes to be 19 given any confidential information concerning any criminal 20 convictions of an individual shall be guilty of a Class A 21 misdemeanor unless release of such information is authorized 22 by this subsection. 23 29. Upon the request of the Department of Children and 24 Family Services, to investigate reports of child abuse or 25 neglect. 26 30. To obtain registration of a fictitious vital record 27 pursuant to Section 15.1 of the Vital Records Act. 28 31. To collect and disseminate information relating to 29 "hate crimes" as defined under Section 12-7.1 of the Criminal 30 Code of 1961 contingent upon the availability of State or 31 Federal funds to revise and upgrade the Illinois Uniform 32 Crime Reporting System. All law enforcement agencies shall 33 report monthly to the Department of State Police concerning 34 such offenses in such form and in such manner as may be SB745 Engrossed -216- LRB9101253EGfg 1 prescribed by rules and regulations adopted by the Department 2 of State Police. Such information shall be compiled by the 3 Department and be disseminated upon request to any local law 4 enforcement agency, unit of local government, or state 5 agency. Dissemination of such information shall be subject 6 to all confidentiality requirements otherwise imposed by law. 7 The Department of State Police shall provide training for 8 State Police officers in identifying, responding to, and 9 reporting all hate crimes. The IllinoisLocal Governmental10 Law EnforcementOfficer'sTraining Standards Board shall 11 develop and certify a course of such training to be made 12 available to local law enforcement officers. 13 32. Upon the request of a private carrier company that 14 provides transportation under Section 28b of the Metropolitan 15 Transit Authority Act, to ascertain if an applicant for a 16 driver position has been convicted of any criminal or drug 17 offense enumerated in Section 28b of the Metropolitan Transit 18 Authority Act. The Department shall furnish the conviction 19 information to the private carrier company that requested the 20 information. 21 33. To apply for grants or contracts, receive, expend, 22 allocate, or disburse funds and moneys made available by 23 public or private entities, including, but not limited to, 24 contracts, bequests, grants, or receiving equipment from 25 corporations, foundations, or public or private institutions 26 of higher learning. All funds received by the Department 27 from these sources shall be deposited into the appropriate 28 fund in the State Treasury to be appropriated to the 29 Department for purposes as indicated by the grantor or 30 contractor or, in the case of funds or moneys bequeathed or 31 granted for no specific purpose, for any purpose as deemed 32 appropriate by the Director in administering the 33 responsibilities of the Department. 34 34. Upon the request of the Department of Children and SB745 Engrossed -217- LRB9101253EGfg 1 Family Services, the Department of State Police shall provide 2 properly designated employees of the Department of Children 3 and Family Services with criminal history record information 4 as defined in the Illinois Uniform Conviction Information Act 5 and information maintained in the adjudicatory and 6 dispositional record system as defined in subdivision (A)19 7 of this Section if the Department of Children and Family 8 Services determines the information is necessary to perform 9 its duties under the Abused and Neglected Child Reporting 10 Act, the Child Care Act of 1969, and the Children and Family 11 Services Act. The request shall be in the form and manner 12 specified by the Department of State Police. 13 35. The Illinois Department of Public Aid is an 14 authorized entity under this Section for the purpose of 15 obtaining access to various data repositories available 16 through LEADS, to facilitate the location of individuals for 17 establishing paternity, and establishing, modifying, and 18 enforcing child support obligations, pursuant to the Illinois 19 Public Aid Code and Title IV, Part D of the Social Security 20 Act. The Department shall enter into an agreement with the 21 Illinois Department of Public Aid consistent with these 22 purposes. 23 36. Upon request of the Department of Human Services, to 24 conduct an assessment and evaluation of sexually violent 25 persons as mandated by the Sexually Violent Persons 26 Commitment Act, the Department shall furnish criminal history 27 information maintained on the requested person. The request 28 shall be in the form and manner specified by the Department. 29 (B) The Department of State Police may establish and 30 maintain, within the Department of State Police, a Statewide 31 Organized Criminal Gang Database (SWORD) for the purpose of 32 tracking organized criminal gangs and their memberships. 33 Information in the database may include, but not be limited 34 to, the name, last known address, birth date, physical SB745 Engrossed -218- LRB9101253EGfg 1 descriptions (such as scars, marks, or tattoos), officer 2 safety information, organized gang affiliation, and entering 3 agency identifier. The Department may develop, in 4 consultation with the Criminal Justice Information Authority, 5 and in a form and manner prescribed by the Department, an 6 automated data exchange system to compile, to maintain, and 7 to make this information electronically available to 8 prosecutors and to other law enforcement agencies. The 9 information may be used by authorized agencies to combat the 10 operations of organized criminal gangs statewide. 11 (C) The Department of State Police may ascertain the 12 number of bilingual police officers and other personnel 13 needed to provide services in a language other than English 14 and may establish, under applicable personnel rules and 15 Department guidelines or through a collective bargaining 16 agreement, a bilingual pay supplement program. 17 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 18 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 19 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 20 (Text of Section after amendment by P.A. 90-590) 21 Sec. 55a. Powers and duties. 22 (A) The Department of State Police shall have the 23 following powers and duties, and those set forth in Sections 24 55a-1 through 55c: 25 1. To exercise the rights, powers and duties which have 26 been vested in the Department of Public Safety by the State 27 Police Act. 28 2. To exercise the rights, powers and duties which have 29 been vested in the Department of Public Safety by the State 30 Police Radio Act. 31 3. To exercise the rights, powers and duties which have 32 been vested in the Department of Public Safety by the 33 Criminal Identification Act. 34 4. To (a) investigate the origins, activities, personnel SB745 Engrossed -219- LRB9101253EGfg 1 and incidents of crime and the ways and means to redress the 2 victims of crimes, and study the impact, if any, of 3 legislation relative to the effusion of crime and growing 4 crime rates, and enforce the criminal laws of this State 5 related thereto, (b) enforce all laws regulating the 6 production, sale, prescribing, manufacturing, administering, 7 transporting, having in possession, dispensing, delivering, 8 distributing, or use of controlled substances and cannabis, 9 (c) employ skilled experts, scientists, technicians, 10 investigators or otherwise specially qualified persons to aid 11 in preventing or detecting crime, apprehending criminals, or 12 preparing and presenting evidence of violations of the 13 criminal laws of the State, (d) cooperate with the police of 14 cities, villages and incorporated towns, and with the police 15 officers of any county, in enforcing the laws of the State 16 and in making arrests and recovering property, (e) apprehend 17 and deliver up any person charged in this State or any other 18 State of the United States with treason, felony, or other 19 crime, who has fled from justice and is found in this State, 20 and (f) conduct such other investigations as may be provided 21 by law. Persons exercising these powers within the Department 22 are conservators of the peace and as such have all the powers 23 possessed by policemen in cities and sheriffs, except that 24 they may exercise such powers anywhere in the State in 25 cooperation with and after contact with the local law 26 enforcement officials. Such persons may use false or 27 fictitious names in the performance of their duties under 28 this paragraph, upon approval of the Director, and shall not 29 be subject to prosecution under the criminal laws for such 30 use. 31 5. To: (a) be a central repository and custodian of 32 criminal statistics for the State, (b) be a central 33 repository for criminal history record information, (c) 34 procure and file for record such information as is necessary SB745 Engrossed -220- LRB9101253EGfg 1 and helpful to plan programs of crime prevention, law 2 enforcement and criminal justice, (d) procure and file for 3 record such copies of fingerprints, as may be required by 4 law, (e) establish general and field crime laboratories, (f) 5 register and file for record such information as may be 6 required by law for the issuance of firearm owner's 7 identification cards, (g) employ polygraph operators, 8 laboratory technicians and other specially qualified persons 9 to aid in the identification of criminal activity, and (h) 10 undertake such other identification, information, laboratory, 11 statistical or registration activities as may be required by 12 law. 13 6. To (a) acquire and operate one or more radio 14 broadcasting stations in the State to be used for police 15 purposes, (b) operate a statewide communications network to 16 gather and disseminate information for law enforcement 17 agencies, (c) operate an electronic data processing and 18 computer center for the storage and retrieval of data 19 pertaining to criminal activity, and (d) undertake such other 20 communication activities as may be required by law. 21 7. To provide, as may be required by law, assistance to 22 local law enforcement agencies through (a) training, 23 management and consultant services for local law enforcement 24 agencies, and (b) the pursuit of research and the publication 25 of studies pertaining to local law enforcement activities. 26 8. To exercise the rights, powers and duties which have 27 been vested in the Department of State Police and the 28 Director of the Department of State Police by the Narcotic 29 Control Division Abolition Act. 30 9. To exercise the rights, powers and duties which have 31 been vested in the Department of Public Safety by the 32 Illinois Vehicle Code. 33 10. To exercise the rights, powers and duties which have 34 been vested in the Department of Public Safety by the Firearm SB745 Engrossed -221- LRB9101253EGfg 1 Owners Identification Card Act. 2 11. To enforce and administer such other laws in 3 relation to law enforcement as may be vested in the 4 Department. 5 12. To transfer jurisdiction of any realty title to 6 which is held by the State of Illinois under the control of 7 the Department to any other department of the State 8 government or to the State Employees Housing Commission, or 9 to acquire or accept Federal land, when such transfer, 10 acquisition or acceptance is advantageous to the State and is 11 approved in writing by the Governor. 12 13. With the written approval of the Governor, to enter 13 into agreements with other departments created by this Act, 14 for the furlough of inmates of the penitentiary to such other 15 departments for their use in research programs being 16 conducted by them. 17 For the purpose of participating in such research 18 projects, the Department may extend the limits of any 19 inmate's place of confinement, when there is reasonable cause 20 to believe that the inmate will honor his or her trust by 21 authorizing the inmate, under prescribed conditions, to leave 22 the confines of the place unaccompanied by a custodial agent 23 of the Department. The Department shall make rules governing 24 the transfer of the inmate to the requesting other department 25 having the approved research project, and the return of such 26 inmate to the unextended confines of the penitentiary. Such 27 transfer shall be made only with the consent of the inmate. 28 The willful failure of a prisoner to remain within the 29 extended limits of his or her confinement or to return within 30 the time or manner prescribed to the place of confinement 31 designated by the Department in granting such extension shall 32 be deemed an escape from custody of the Department and 33 punishable as provided in Section 3-6-4 of the Unified Code 34 of Corrections. SB745 Engrossed -222- LRB9101253EGfg 1 14. To provide investigative services, with all of the 2 powers possessed by policemen in cities and sheriffs, in and 3 around all race tracks subject to the Horse Racing Act of 4 1975. 5 15. To expend such sums as the Director deems necessary 6 from Contractual Services appropriations for the Division of 7 Criminal Investigation for the purchase of evidence and for 8 the employment of persons to obtain evidence. Such sums shall 9 be advanced to agents authorized by the Director to expend 10 funds, on vouchers signed by the Director. 11 16. To assist victims and witnesses in gang crime 12 prosecutions through the administration of funds appropriated 13 from the Gang Violence Victims and Witnesses Fund to the 14 Department. Such funds shall be appropriated to the 15 Department and shall only be used to assist victims and 16 witnesses in gang crime prosecutions and such assistance may 17 include any of the following: 18 (a) temporary living costs; 19 (b) moving expenses; 20 (c) closing costs on the sale of private residence; 21 (d) first month's rent; 22 (e) security deposits; 23 (f) apartment location assistance; 24 (g) other expenses which the Department considers 25 appropriate; and 26 (h) compensation for any loss of or injury to real 27 or personal property resulting from a gang crime to a 28 maximum of $5,000, subject to the following provisions: 29 (1) in the case of loss of property, the 30 amount of compensation shall be measured by the 31 replacement cost of similar or like property which 32 has been incurred by and which is substantiated by 33 the property owner, 34 (2) in the case of injury to property, the SB745 Engrossed -223- LRB9101253EGfg 1 amount of compensation shall be measured by the cost 2 of repair incurred and which can be substantiated by 3 the property owner, 4 (3) compensation under this provision is a 5 secondary source of compensation and shall be 6 reduced by any amount the property owner receives 7 from any other source as compensation for the loss 8 or injury, including, but not limited to, personal 9 insurance coverage, 10 (4) no compensation may be awarded if the 11 property owner was an offender or an accomplice of 12 the offender, or if the award would unjustly benefit 13 the offender or offenders, or an accomplice of the 14 offender or offenders. 15 No victim or witness may receive such assistance if he or 16 she is not a part of or fails to fully cooperate in the 17 prosecution of gang crime members by law enforcement 18 authorities. 19 The Department shall promulgate any rules necessary for 20 the implementation of this amendatory Act of 1985. 21 17. To conduct arson investigations. 22 18. To develop a separate statewide statistical police 23 contact record keeping system for the study of juvenile 24 delinquency. The records of this police contact system shall 25 be limited to statistical information. No individually 26 identifiable information shall be maintained in the police 27 contact statistical record system. 28 19. To develop a separate statewide central juvenile 29 records system for persons arrested prior to the age of 17 30 under Section 5-401 of the Juvenile Court Act of 1987 or 31 adjudicated delinquent minors and to make information 32 available to local law enforcement officers so that law 33 enforcement officers will be able to obtain rapid access to 34 the background of the minor from other jurisdictions to the SB745 Engrossed -224- LRB9101253EGfg 1 end that the juvenile police officers can make appropriate 2 decisions which will best serve the interest of the child and 3 the community. The Department shall submit a quarterly 4 report to the General Assembly and Governor which shall 5 contain the number of juvenile records that the Department 6 has received in that quarter and,a list, by category, of 7 offenses that minors were arrested for or convicted of by 8 age, race and gender. 9 20. To develop rules which guarantee the confidentiality 10 of such individually identifiable juvenile records except to 11 juvenile authorities who request information concerning the 12 minor and who certify in writing that the information will 13 not be disclosed to any other party except as provided under 14 law or order of court. For purposes of this Section, 15 "juvenile authorities" means: (i) a judge of the circuit 16 court and members of the staff of the court designated by the 17 judge; (ii) parties to the proceedings under the Juvenile 18 Court Act of 1987 and their attorneys; (iii) probation 19 officers and court appointed advocates for the juvenile 20 authorized by the judge hearing the case; (iv) any individual 21 or,public orofprivate agency having custody of the child 22 pursuant to court order; (v) any individual or,public or 23 private agency providing education, medical or mental health 24 service to the child when the requested information is needed 25 to determine the appropriate service or treatment for the 26 minor; (vi) any potential placement provider when such 27 release is authorized by the court for the limited purpose of 28 determining the appropriateness of the potential placement; 29 (vii) law enforcement officers and prosecutors; (viii) adult 30 and juvenile prisoner review boards; (ix) authorized military 31 personnel; (x) individuals authorized by court; (xi) the 32 Illinois General Assembly or any committee or commission 33 thereof. 34 21. To develop administrative rules and administrative SB745 Engrossed -225- LRB9101253EGfg 1 hearing procedures which allow a minor, his or her attorney, 2 and his or her parents or guardian access to individually 3 identifiable juvenile records for the purpose of determining 4 or challenging the accuracy of the records. Final 5 administrative decisions shall be subject to the provisions 6 of the Administrative Review Law. 7 22. To charge, collect, and receive fees or moneys 8 equivalent to the cost of providing Department of State 9 Police personnel, equipment, and services to local 10 governmental agencies when explicitly requested by a local 11 governmental agency and pursuant to an intergovernmental 12 agreement as provided by this Section, other State agencies, 13 and federal agencies, including but not limited to fees or 14 moneys equivalent to the cost of providing dispatching 15 services, radio and radar repair, and training to local 16 governmental agencies on such terms and conditions as in the 17 judgment of the Director are in the best interest of the 18 State; and to establish, charge, collect and receive fees or 19 moneys based on the cost of providing responses to requests 20 for criminal history record information pursuant to positive 21 identification and any Illinois or federal law authorizing 22 access to some aspect of such information and to prescribe 23 the form and manner for requesting and furnishing such 24 information to the requestor on such terms and conditions as 25 in the judgment of the Director are in the best interest of 26 the State, provided fees for requesting and furnishing 27 criminal history record information may be waived for 28 requests in the due administration of the criminal laws. The 29 Department may also charge, collect and receive fees or 30 moneys equivalent to the cost of providing electronic data 31 processing lines or related telecommunication services to 32 local governments, but only when such services can be 33 provided by the Department at a cost less than that 34 experienced by said local governments through other means. SB745 Engrossed -226- LRB9101253EGfg 1 All services provided by the Department shall be conducted 2 pursuant to contracts in accordance with the 3 Intergovernmental Cooperation Act, and all telecommunication 4 services shall be provided pursuant to the provisions of 5 Section 67.18 of this Code. 6 All fees received by the Department of State Police under 7 this Act or the Illinois Uniform Conviction Information Act 8 shall be deposited in a special fund in the State Treasury to 9 be known as the State Police Services Fund. The money 10 deposited in the State Police Services Fund shall be 11 appropriated to the Department of State Police for expenses 12 of the Department of State Police. 13 Upon the completion of any audit of the Department of 14 State Police as prescribed by the Illinois State Auditing 15 Act, which audit includes an audit of the State Police 16 Services Fund, the Department of State Police shall make the 17 audit open to inspection by any interested person. 18 23. To exercise the powers and perform the duties which 19 have been vested in the Department of State Police by the 20 Intergovernmental Missing Child Recovery Act of 1984, and to 21 establish reasonable rules and regulations necessitated 22 thereby. 23 24. (a) To establish and maintain a statewide Law 24 Enforcement Agencies Data System (LEADS) for the purpose of 25 providing electronic access by authorized entities to 26 criminal justice data repositories and effecting an immediate 27 law enforcement response to reports of missing persons, 28 including lost, missing or runaway minors. The Department 29 shall implement an automatic data exchange system to compile, 30 to maintain and to make available to other law enforcement 31 agencies for immediate dissemination data which can assist 32 appropriate agencies in recovering missing persons and 33 provide access by authorized entities to various data 34 repositories available through LEADS for criminal justice and SB745 Engrossed -227- LRB9101253EGfg 1 related purposes. To assist the Department in this effort, 2 funds may be appropriated from the LEADS Maintenance Fund. 3 (b) In exercising its duties under this subsection, the 4 Department shall: 5 (1) provide a uniform reporting format for the 6 entry of pertinent information regarding the report of a 7 missing person into LEADS; 8 (2) develop and implement a policy whereby a 9 statewide or regional alert would be used in situations 10 relating to the disappearances of individuals, based on 11 criteria and in a format established by the Department. 12 Such a format shall include, but not be limited to, the 13 age of the missing person and the suspected circumstance 14 of the disappearance; 15 (3) notify all law enforcement agencies that 16 reports of missing persons shall be entered as soon as 17 the minimum level of data specified by the Department is 18 available to the reporting agency, and that no waiting 19 period for the entry of such data exists; 20 (4) compile and retain information regarding lost, 21 abducted, missing or runaway minors in a separate data 22 file, in a manner that allows such information to be used 23 by law enforcement and other agencies deemed appropriate 24 by the Director, for investigative purposes. Such 25 information shall include the disposition of all reported 26 lost, abducted, missing or runaway minor cases; 27 (5) compile and maintain an historic data 28 repository relating to lost, abducted, missing or runaway 29 minors and other missing persons in order to develop and 30 improve techniques utilized by law enforcement agencies 31 when responding to reports of missing persons; and 32 (6) create a quality control program regarding 33 confirmation of missing person data, timeliness of 34 entries of missing person reports into LEADS and SB745 Engrossed -228- LRB9101253EGfg 1 performance audits of all entering agencies. 2 25. On request of a school board or regional 3 superintendent of schools, to conduct an inquiry pursuant to 4 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 5 an applicant for employment in a school district has been 6 convicted of any criminal or drug offenses enumerated in 7 Section 10-21.9 or 34-18.5 of the School Code. The 8 Department shall furnish such conviction information to the 9 President of the school board of the school district which 10 has requested the information, or if the information was 11 requested by the regional superintendent to that regional 12 superintendent. 13 26. To promulgate rules and regulations necessary for 14 the administration and enforcement of its powers and duties, 15 wherever granted and imposed, pursuant to the Illinois 16 Administrative Procedure Act. 17 27. To (a) promulgate rules pertaining to the 18 certification, revocation of certification and training of 19 law enforcement officers as electronic criminal surveillance 20 officers, (b) provide training and technical assistance to 21 State's Attorneys and local law enforcement agencies 22 pertaining to the interception of private oral 23 communications, (c) promulgate rules necessary for the 24 administration of Article 108B of the Code of Criminal 25 Procedure of 1963, including but not limited to standards for 26 recording and minimization of electronic criminal 27 surveillance intercepts, documentation required to be 28 maintained during an intercept, procedures in relation to 29 evidence developed by an intercept, and (d) charge a 30 reasonable fee to each law enforcement agency that sends 31 officers to receive training as electronic criminal 32 surveillance officers. 33 28. Upon the request of any private organization which 34 devotes a major portion of its time to the provision of SB745 Engrossed -229- LRB9101253EGfg 1 recreational, social, educational or child safety services to 2 children, to conduct, pursuant to positive identification, 3 criminal background investigations of all of that 4 organization's current employees, current volunteers, 5 prospective employees or prospective volunteers charged with 6 the care and custody of children during the provision of the 7 organization's services, and to report to the requesting 8 organization any record of convictions maintained in the 9 Department's files about such persons. The Department shall 10 charge an application fee, based on actual costs, for the 11 dissemination of conviction information pursuant to this 12 subsection. The Department is empowered to establish this 13 fee and shall prescribe the form and manner for requesting 14 and furnishing conviction information pursuant to this 15 subsection. Information received by the organization from the 16 Department concerning an individual shall be provided to such 17 individual. Any such information obtained by the 18 organization shall be confidential and may not be transmitted 19 outside the organization and may not be transmitted to anyone 20 within the organization except as needed for the purpose of 21 evaluating the individual. Only information and standards 22 which bear a reasonable and rational relation to the 23 performance of child care shall be used by the organization. 24 Any employee of the Department or any member, employee or 25 volunteer of the organization receiving confidential 26 information under this subsection who gives or causes to be 27 given any confidential information concerning any criminal 28 convictions of an individual shall be guilty of a Class A 29 misdemeanor unless release of such information is authorized 30 by this subsection. 31 29. Upon the request of the Department of Children and 32 Family Services, to investigate reports of child abuse or 33 neglect. 34 30. To obtain registration of a fictitious vital record SB745 Engrossed -230- LRB9101253EGfg 1 pursuant to Section 15.1 of the Vital Records Act. 2 31. To collect and disseminate information relating to 3 "hate crimes" as defined under Section 12-7.1 of the Criminal 4 Code of 1961 contingent upon the availability of State or 5 Federal funds to revise and upgrade the Illinois Uniform 6 Crime Reporting System. All law enforcement agencies shall 7 report monthly to the Department of State Police concerning 8 such offenses in such form and in such manner as may be 9 prescribed by rules and regulations adopted by the Department 10 of State Police. Such information shall be compiled by the 11 Department and be disseminated upon request to any local law 12 enforcement agency, unit of local government, or state 13 agency. Dissemination of such information shall be subject 14 to all confidentiality requirements otherwise imposed by law. 15 The Department of State Police shall provide training for 16 State Police officers in identifying, responding to, and 17 reporting all hate crimes. The Illinois Law Enforcement 18 Training Standards Board shall develop and certify a course 19 of such training to be made available to local law 20 enforcement officers. 21 32. Upon the request of a private carrier company that 22 provides transportation under Section 28b of the Metropolitan 23 Transit Authority Act, to ascertain if an applicant for a 24 driver position has been convicted of any criminal or drug 25 offense enumerated in Section 28b of the Metropolitan Transit 26 Authority Act. The Department shall furnish the conviction 27 information to the private carrier company that requested the 28 information. 29 33. To apply for grants or contracts, receive, expend, 30 allocate, or disburse funds and moneys made available by 31 public or private entities, including, but not limited to, 32 contracts, bequests, grants, or receiving equipment from 33 corporations, foundations, or public or private institutions 34 of higher learning. All funds received by the Department SB745 Engrossed -231- LRB9101253EGfg 1 from these sources shall be deposited into the appropriate 2 fund in the State Treasury to be appropriated to the 3 Department for purposes as indicated by the grantor or 4 contractor or, in the case of funds or moneys bequeathed or 5 granted for no specific purpose, for any purpose as deemed 6 appropriate by the Director in administering the 7 responsibilities of the Department. 8 34. Upon the request of the Department of Children and 9 Family Services, the Department of State Police shall provide 10 properly designated employees of the Department of Children 11 and Family Services with criminal history record information 12 as defined in the Illinois Uniform Conviction Information Act 13 and information maintained in the Statewide Central Juvenile 14 record system as defined in subdivision (A)19 of this Section 15 if the Department of Children and Family Services determines 16 the information is necessary to perform its duties under the 17 Abused and Neglected Child Reporting Act, the Child Care Act 18 of 1969, and the Children and Family Services Act. The 19 request shall be in the form and manner specified by the 20 Department of State Police. 21 35. The Illinois Department of Public Aid is an 22 authorized entity under this Section for the purpose of 23 exchanging information, in the form and manner required by 24 the Department of State Police,obtaining access to various25data repositories available through LEADS,to facilitate the 26 location of individuals for establishing paternity, and 27 establishing, modifying, and enforcing child support 28 obligations, pursuant to the Illinois Public Aid Code and 29 Title IV, PartSectionD of the Social Security Act.The30Department shall enter into an agreement with the Illinois31Department of Public Aid consistent with these purposes.32 36. Upon request of the Department of Human Services, to 33 conduct an assessment and evaluation of sexually violent 34 persons as mandated by the Sexually Violent Persons SB745 Engrossed -232- LRB9101253EGfg 1 Commitment Act, the Department shall furnish criminal history 2 information maintained on the requested person. The request 3 shall be in the form and manner specified by the Department. 4 (B) The Department of State Police may establish and 5 maintain, within the Department of State Police, a Statewide 6 Organized Criminal Gang Database (SWORD) for the purpose of 7 tracking organized criminal gangs and their memberships. 8 Information in the database may include, but not be limited 9 to, the name, last known address, birth date, physical 10 descriptions (such as scars, marks, or tattoos), officer 11 safety information, organized gang affiliation, and entering 12 agency identifier. The Department may develop, in 13 consultation with the Criminal Justice Information Authority, 14 and in a form and manner prescribed by the Department, an 15 automated data exchange system to compile, to maintain, and 16 to make this information electronically available to 17 prosecutors and to other law enforcement agencies. The 18 information may be used by authorized agencies to combat the 19 operations of organized criminal gangs statewide. 20 (C) The Department of State Police may ascertain the 21 number of bilingual police officers and other personnel 22 needed to provide services in a language other than English 23 and may establish, under applicable personnel rules and 24 Department guidelines or through a collective bargaining 25 agreement, a bilingual pay supplement program. 26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 28 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 29 1-21-99.) 30 Section 37. The State Police Act is amended by changing 31 Section 17 as follows: 32 (20 ILCS 2610/17) (from Ch. 121, par. 307.17) SB745 Engrossed -233- LRB9101253EGfg 1 Sec. 17. The Division shall purchase and furnish to the 2 policemen appropriate uniforms including a metal star or 3 badge bearing the words "Illinois State Police", 4 identification, and such vehicles and other equipment as may 5 be necessary. 6 (Source: Laws 1967, p. 69; revised 1-30-99.) 7 Section 38. The Criminal Identification Act is amended 8 by changing Section 5 as follows: 9 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 10 (Text of Section before amendment by P.A. 90-590) 11 Sec. 5. Arrest reports; expungement. 12 (a) All policing bodies of this State shall furnish to 13 the Department, daily, in the form and detail the Department 14 requires, fingerprints and descriptions of all persons who 15 are arrested on charges of violating any penal statute of 16 this State for offenses that are classified as felonies and 17 Class A or B misdemeanors and of all minors who have been 18 arrested or taken into custody before their 17th birthday for 19 an offense that if committed by an adult would constitute the 20 offense of unlawful use of weapons under Article 24 of the 21 Criminal Code of 1961, a forcible felony as defined in 22 Section 2-8 of the Criminal Code of 1961, or a Class 2 or 23 greater felony under the Cannabis Control Act, the Illinois 24 Controlled Substances Act, or Chapter 4 of the Illinois 25 Vehicle Code. Moving or nonmoving traffic violations under 26 the Illinois Vehicle Code shall not be reported except for 27 violations of Chapter 4, Section 11-204.1, or Section 11-501 28 of that Code. In addition, conservation offenses, as defined 29 in the Supreme Court Rule 501(c), that are classified as 30 Class B misdemeanors shall not be reported. 31 Whenever an adult or minor prosecuted as an adult, not 32 having previously been convicted of any criminal offense or SB745 Engrossed -234- LRB9101253EGfg 1 municipal ordinance violation, charged with a violation of a 2 municipal ordinance or a felony or misdemeanor, is acquitted 3 or released without being convicted, whether the acquittal or 4 release occurred before, on, or after the effective date of 5 this amendatory Act of 1991, the Chief Judge of the circuit 6 wherein the charge was brought, any judge of that circuit 7 designated by the Chief Judge, or in counties of less than 8 3,000,000 inhabitants, the presiding trial judge at the 9 defendant's trial may upon verified petition of the defendant 10 order the record of arrest expunged from the official records 11 of the arresting authority and the Department and order that 12 the records of the clerk of the circuit court be sealed until 13 further order of the court upon good cause shown and the name 14 of the defendant obliterated on the official index required 15 to be kept by the circuit court clerk under Section 16 of the 16 Clerks of Courts Act, but the order shall not affect any 17 index issued by the circuit court clerk before the entry of 18 the order. The Department may charge the petitioner a fee 19 equivalent to the cost of processing any order to expunge or 20 seal the records, and the fee shall be deposited into the 21 State Police Services Fund. The records of those arrests, 22 however, that result in a disposition of supervision for any 23 offense shall not be expunged from the records of the 24 arresting authority or the Department nor impounded by the 25 court until 2 years after discharge and dismissal of 26 supervision. Those records that result from a supervision 27 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 28 11-503 of the Illinois Vehicle Code or a similar provision of 29 a local ordinance, or for a violation of Section 12-3.2, 30 12-15 or 16A-3 of the Criminal Code of 1961, or probation 31 under Section 10 of the Cannabis Control Act, Section 410 of 32 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 33 and (2) of the Criminal Code of 1961 (as those provisions 34 existed before their deletion by Public Act 89-313), Section SB745 Engrossed -235- LRB9101253EGfg 1 10-102 of the Illinois Alcoholism and Other Drug Dependency 2 Act when the judgment of conviction has been vacated, Section 3 40-10 of the Alcoholism and Other Drug Abuse and Dependency 4 Act when the judgment of conviction has been vacated, or 5 Section 10 of the Steroid Control Act shall not be expunged 6 from the records of the arresting authority nor impounded by 7 the court until 5 years after termination of probation or 8 supervision. Those records that result from a supervision for 9 a violation of Section 11-501 of the Illinois Vehicle Code or 10 a similar provision of a local ordinance, shall not be 11 expunged. All records set out above may be ordered by the 12 court to be expunged from the records of the arresting 13 authority and impounded by the court after 5 years, but shall 14 not be expunged by the Department, but shall, on court order 15 be sealed by the Department and may be disseminated by the 16 Department only as required by law or to the arresting 17 authority, the State's Attorney, and the court upon a later 18 arrest for the same or a similar offense or for the purpose 19 of sentencing for any subsequent felony. Upon conviction for 20 any offense, the Department of Corrections shall have access 21 to all sealed records of the Department pertaining to that 22 individual. 23 (b) Whenever a person has been convicted of a crime or 24 of the violation of a municipal ordinance, in the name of a 25 person whose identity he has stolen or otherwise come into 26 possession of, the aggrieved person from whom the identity 27 was stolen or otherwise obtained without authorization, upon 28 learning of the person having been arrested using his 29 identity, may, upon verified petition to the chief judge of 30 the circuit wherein the arrest was made, have a court order 31 entered nunc pro tunc by the chief judge to correct the 32 arrest record, conviction record, if any, and all official 33 records of the arresting authority, the Department, other 34 criminal justice agencies, the prosecutor, and the trial SB745 Engrossed -236- LRB9101253EGfg 1 court concerning such arrest, if any, by removing his name 2 from all such records in connection with the arrest and 3 conviction, if any, and by inserting in the records the name 4 of the offender, if known or ascertainable, in lieu of the 5 aggrieved's name. The records of the clerk of the circuit 6 court clerk shall be sealed until further order of the court 7 upon good cause shown and the name of the aggrieved person 8 obliterated on the official index required to be kept by the 9 circuit court clerk under Section 16 of the Clerks of Courts 10 Act, but the order shall not affect any index issued by the 11 circuit court clerk before the entry of the order. Nothing in 12 this Section shall limit the Department of State Police or 13 other criminal justice agencies or prosecutors from listing 14 under an offender's name the false names he or she has used. 15 For purposes of this Section, convictions for moving and 16 nonmoving traffic violations other than convictions for 17 violations of Chapter 4, Section 11-204.1 or Section 11-501 18 of the Illinois Vehicle Code shall not be a bar to expunging 19 the record of arrest and court records for violation of a 20 misdemeanor or municipal ordinance. 21 (c) Whenever a person who has been convicted of an 22 offense is granted a pardon by the Governor which 23 specifically authorizes expungement, he may, upon verified 24 petition to the chief judge of the circuit where the person 25 had been convicted, any judge of the circuit designated by 26 the Chief Judge, or in counties of less than 3,000,000 27 inhabitants, the presiding trial judge at the defendant's 28 trial, may have a court order entered expunging the record of 29 arrest from the official records of the arresting authority 30 and order that the records of the clerk of the circuit court 31 and the Department be sealed until further order of the court 32 upon good cause shown or as otherwise provided herein, and 33 the name of the defendant obliterated from the official index 34 requested to be kept by the circuit court clerk under Section SB745 Engrossed -237- LRB9101253EGfg 1 16 of the Clerks of Courts Act in connection with the arrest 2 and conviction for the offense for which he had been pardoned 3 but the order shall not affect any index issued by the 4 circuit court clerk before the entry of the order. All 5 records sealed by the Department may be disseminated by the 6 Department only as required by law or to the arresting 7 authority, the State'sStatesAttorney, and the court upon a 8 later arrest for the same or similar offense or for the 9 purpose of sentencing for any subsequent felony. Upon 10 conviction for any subsequent offense, the Department of 11 Corrections shall have access to all sealed records of the 12 Department pertaining to that individual. Upon entry of the 13 order of expungement, the clerk of the circuit court shall 14 promptly mail a copy of the order to the person who was 15 pardoned. 16 (d) Notice of the petition for subsections (a), (b), and 17 (c) shall be served upon the State's Attorney or prosecutor 18 charged with the duty of prosecuting the offense, the 19 Department of State Police, the arresting agency and the 20 chief legal officer of the unit of local government affecting 21 the arrest. Unless the State's Attorney or prosecutor, the 22 Department of State Police, the arresting agency or such 23 chief legal officer objects to the petition within 30 days 24 from the date of the notice, the court shall enter an order 25 granting or denying the petition. The clerk of the court 26 shall promptly mail a copy of the order to the person, the 27 arresting agency, the prosecutor, the Department of State 28 Police and such other criminal justice agencies as may be 29 ordered by the judge. 30 (e) Nothing herein shall prevent the Department of State 31 Police from maintaining all records of any person who is 32 admitted to probation upon terms and conditions and who 33 fulfills those terms and conditions pursuant to Section 10 of 34 the Cannabis Control Act, Section 410 of the Illinois SB745 Engrossed -238- LRB9101253EGfg 1 Controlled Substances Act, Section 12-4.3 of the Criminal 2 Code of 1961, Section 10-102 of the Illinois Alcoholism and 3 Other Drug Dependency Act, Section 40-10 of the Alcoholism 4 and Other Drug Abuse and Dependency Act, or Section 10 of the 5 Steroid Control Act. 6 (f) No court order issued pursuant to the expungement 7 provisions of this Section shall become final for purposes of 8 appeal until 30 days after notice is received by the 9 Department. Any court order contrary to the provisions of 10 this Section is void. 11 (g) The court shall not order the sealing or expungement 12 of the arrest records and records of the circuit court clerk 13 of any person granted supervision for or convicted of any 14 sexual offense committed against a minor under 18 years of 15 age. For the purposes of this Section, "sexual offense 16 committed against a minor" includes but is not limited to the 17 offenses of indecent solicitation of a child or criminal 18 sexual abuse when the victim of such offense is under 18 19 years of age. 20 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679, 21 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.) 22 (Text of Section after amendment by P.A. 90-590) 23 Sec. 5. Arrest reports; expungement. 24 (a) All policing bodies of this State shall furnish to 25 the Department, daily, in the form and detail the Department 26 requires, fingerprints and descriptions of all persons who 27 are arrested on charges of violating any penal statute of 28 this State for offenses that are classified as felonies and 29 Class A or B misdemeanors and of all minors of the age of 10 30 and over who have been arrested for an offense which would be 31 a felony if committed by an adult, and may forward such 32 fingerprints and descriptions for minors arrested for Class A 33 or B misdemeanors. Moving or nonmoving traffic violations 34 under the Illinois Vehicle Code shall not be reported except SB745 Engrossed -239- LRB9101253EGfg 1 for violations of Chapter 4, Section 11-204.1, or Section 2 11-501 of that Code. In addition, conservation offenses, as 3 defined in the Supreme Court Rule 501(c), that are classified 4 as Class B misdemeanors shall not be reported. 5 Whenever an adult or minor prosecuted as an adult, not 6 having previously been convicted of any criminal offense or 7 municipal ordinance violation, charged with a violation of a 8 municipal ordinance or a felony or misdemeanor, is acquitted 9 or released without being convicted, whether the acquittal or 10 release occurred before, on, or after the effective date of 11 this amendatory Act of 1991, the Chief Judge of the circuit 12 wherein the charge was brought, any judge of that circuit 13 designated by the Chief Judge, or in counties of less than 14 3,000,000 inhabitants, the presiding trial judge at the 15 defendant's trial may upon verified petition of the defendant 16 order the record of arrest expunged from the official records 17 of the arresting authority and the Department and order that 18 the records of the clerk of the circuit court be sealed until 19 further order of the court upon good cause shown and the name 20 of the defendant obliterated on the official index required 21 to be kept by the circuit court clerk under Section 16 of the 22 Clerks of Courts Act, but the order shall not affect any 23 index issued by the circuit court clerk before the entry of 24 the order. The Department may charge the petitioner a fee 25 equivalent to the cost of processing any order to expunge or 26 seal the records, and the fee shall be deposited into the 27 State Police Services Fund. The records of those arrests, 28 however, that result in a disposition of supervision for any 29 offense shall not be expunged from the records of the 30 arresting authority or the Department nor impounded by the 31 court until 2 years after discharge and dismissal of 32 supervision. Those records that result from a supervision 33 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 34 11-503 of the Illinois Vehicle Code or a similar provision of SB745 Engrossed -240- LRB9101253EGfg 1 a local ordinance, or for a violation of Section 12-3.2, 2 12-15 or 16A-3 of the Criminal Code of 1961, or probation 3 under Section 10 of the Cannabis Control Act, Section 410 of 4 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 5 and (2) of the Criminal Code of 1961 (as those provisions 6 existed before their deletion by Public Act 89-313), Section 7 10-102 of the Illinois Alcoholism and Other Drug Dependency 8 Act when the judgment of conviction has been vacated, Section 9 40-10 of the Alcoholism and Other Drug Abuse and Dependency 10 Act when the judgment of conviction has been vacated, or 11 Section 10 of the Steroid Control Act shall not be expunged 12 from the records of the arresting authority nor impounded by 13 the court until 5 years after termination of probation or 14 supervision. Those records that result from a supervision 15 for a violation of Section 11-501 of the Illinois Vehicle 16 Code or a similar provision of a local ordinance, shall not 17 be expunged. All records set out above may be ordered by the 18 court to be expunged from the records of the arresting 19 authority and impounded by the court after 5 years, but shall 20 not be expunged by the Department, but shall, on court order 21 be sealed by the Department and may be disseminated by the 22 Department only as required by law or to the arresting 23 authority, the State's Attorney, and the court upon a later 24 arrest for the same or a similar offense or for the purpose 25 of sentencing for any subsequent felony. Upon conviction for 26 any offense, the Department of Corrections shall have access 27 to all sealed records of the Department pertaining to that 28 individual. 29 (a-5) Those records maintained by the Department for 30 persons arrested prior to their 17th birthday shall be 31 expunged as provided in Section 5-915 of the Juvenile Court 32 Act of 1987. 33 (b) Whenever a person has been convicted of a crime or 34 of the violation of a municipal ordinance, in the name of a SB745 Engrossed -241- LRB9101253EGfg 1 person whose identity he has stolen or otherwise come into 2 possession of, the aggrieved person from whom the identity 3 was stolen or otherwise obtained without authorization, upon 4 learning of the person having been arrested using his 5 identity, may, upon verified petition to the chief judge of 6 the circuit wherein the arrest was made, have a court order 7 entered nunc pro tunc by the chief judge to correct the 8 arrest record, conviction record, if any, and all official 9 records of the arresting authority, the Department, other 10 criminal justice agencies, the prosecutor, and the trial 11 court concerning such arrest, if any, by removing his name 12 from all such records in connection with the arrest and 13 conviction, if any, and by inserting in the records the name 14 of the offender, if known or ascertainable, in lieu of the 15 has name. The records of the clerk of the circuit court 16 clerk shall be sealed until further order of the court upon 17 good cause shown and the name of the aggrieved person 18 obliterated on the official index required to be kept by the 19 circuit court clerk under Section 16 of the Clerks of Courts 20 Act, but the order shall not affect any index issued by the 21 circuit court clerk before the entry of the order. Nothing in 22 this Section shall limit the Department of State Police or 23 other criminal justice agencies or prosecutors from listing 24 under an offender's name the false names he or she has used. 25 For purposes of this Section, convictions for moving and 26 nonmoving traffic violations other than convictions for 27 violations of Chapter 4, Section 11-204.1 or Section 11-501 28 of the Illinois Vehicle Code shall not be a bar to expunging 29 the record of arrest and court records for violation of a 30 misdemeanor or municipal ordinance. 31 (c) Whenever a person who has been convicted of an 32 offense is granted a pardon by the Governor which 33 specifically authorizes expungement, he may, upon verified 34 petition to the chief judge of the circuit where the person SB745 Engrossed -242- LRB9101253EGfg 1 had been convicted, any judge of the circuit designated by 2 the Chief Judge, or in counties of less than 3,000,000 3 inhabitants, the presiding trial judge at the defendant's 4 trial, may have a court order entered expunging the record of 5 arrest from the official records of the arresting authority 6 and order that the records of the clerk of the circuit court 7 and the Department be sealed until further order of the court 8 upon good cause shown or as otherwise provided herein, and 9 the name of the defendant obliterated from the official index 10 requested to be kept by the circuit court clerk under Section 11 16 of the Clerks of Courts Act in connection with the arrest 12 and conviction for the offense for which he had been pardoned 13 but the order shall not affect any index issued by the 14 circuit court clerk before the entry of the order. All 15 records sealed by the Department may be disseminated by the 16 Department only as required by law or to the arresting 17 authority, the State'sStatesAttorney, and the court upon a 18 later arrest for the same or similar offense or for the 19 purpose of sentencing for any subsequent felony. Upon 20 conviction for any subsequent offense, the Department of 21 Corrections shall have access to all sealed records of the 22 Department pertaining to that individual. Upon entry of the 23 order of expungement, the clerk of the circuit court shall 24 promptly mail a copy of the order to the person who was 25 pardoned. 26 (d) Notice of the petition for subsections (a), (b), and 27 (c) shall be served upon the State's Attorney or prosecutor 28 charged with the duty of prosecuting the offense, the 29 Department of State Police, the arresting agency and the 30 chief legal officer of the unit of local government affecting 31 the arrest. Unless the State's Attorney or prosecutor, the 32 Department of State Police, the arresting agency or such 33 chief legal officer objects to the petition within 30 days 34 from the date of the notice, the court shall enter an order SB745 Engrossed -243- LRB9101253EGfg 1 granting or denying the petition. The clerk of the court 2 shall promptly mail a copy of the order to the person, the 3 arresting agency, the prosecutor, the Department of State 4 Police and such other criminal justice agencies as may be 5 ordered by the judge. 6 (e) Nothing herein shall prevent the Department of State 7 Police from maintaining all records of any person who is 8 admitted to probation upon terms and conditions and who 9 fulfills those terms and conditions pursuant to Section 10 of 10 the Cannabis Control Act, Section 410 of the Illinois 11 Controlled Substances Act, Section 12-4.3 of the Criminal 12 Code of 1961, Section 10-102 of the Illinois Alcoholism and 13 Other Drug Dependency Act, Section 40-10 of the Alcoholism 14 and Other Drug Abuse and Dependency Act, or Section 10 of the 15 Steroid Control Act. 16 (f) No court order issued pursuant to the expungement 17 provisions of this Section shall become final for purposes of 18 appeal until 30 days after notice is received by the 19 Department. Any court order contrary to the provisions of 20 this Section is void. 21 (g) The court shall not order the sealing or expungement 22 of the arrest records and records of the circuit court clerk 23 of any person granted supervision for or convicted of any 24 sexual offense committed against a minor under 18 years of 25 age. For the purposes of this Section, "sexual offense 26 committed against a minor" includes but is not limited to the 27 offenses of indecent solicitation of a child or criminal 28 sexual abuse when the victim of such offense is under 18 29 years of age. 30 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96; 31 90-590, eff. 1-1-00; revised 10-31-98.) 32 Section 39. The Illinois Uniform Conviction Information 33 Act is amended by changing Section 9 as follows: SB745 Engrossed -244- LRB9101253EGfg 1 (20 ILCS 2635/9) (from Ch. 38, par. 1609) 2 Sec. 9. Procedural Requirements for Disseminating 3 Conviction Information. 4 (A) In accordance with the time parameters of Section 6 5 and the requirements of subsectionsubsections(B)and (C)of 6 this Section 9, the Department shall either: (1) transmit 7 conviction information to the requester, including an 8 explanation of any code or abbreviation; (2) explain to the 9 requester why the information requested cannot be 10 transmitted; or (3) inform the requester of any deficiency in 11 the request. 12 (B) Prior to a non-automated dissemination or within 30 13 days subsequent to an automated dissemination made pursuant 14 to this Act, the Department shall first conduct a formal 15 update inquiry and review to make certain that the 16 information disseminated is complete, except (1) in cases of 17 exigency, (2) upon request of another criminal justice 18 agency, (3) for conviction information that is less than 30 19 days old, or (4) for information intentionally fabricated 20 upon the express written authorization of the Director of 21 State Police to support undercover law enforcement efforts. 22 It shall be the responsibility of the Department to 23 retain a record of every extra-agency dissemination of 24 conviction information for a period of not less than 3 years. 25 Such records shall be subject to audit by the Department, and 26 shall, upon request, be supplied to the individual to whom 27 the information pertains for requests from members of the 28 general public, corporations, organizations, employers, 29 employment agencies, labor organizations and non-criminal 30 justice agencies. At a minimum, the following information 31 shall be recorded and retained by the Department: 32 (1) The name of the individual to whom the 33 disseminated information pertains; 34 (2) The name of the individual requesting the SB745 Engrossed -245- LRB9101253EGfg 1 information; 2 (3) The date of the request; 3 (4) The name and address of the private individual, 4 corporation, organization, employer, employment agency, 5 labor organization or non-criminal justice agency 6 receiving the information; and 7 (5) The date of the dissemination. 8 (Source: P.A. 88-368; revised 10-31-98.) 9 Section 40. The Civil Administrative Code of Illinois is 10 amended by changing Section 49.16 as follows: 11 (20 ILCS 2705/49.16) (from Ch. 127, par. 49.16) 12 Sec. 49.16. Master plan; reporting requirements. 13 (a) To develop and maintain a continuing, comprehensive 14 and integrated planning process which shall develop and 15 periodically revise a statewide master plan for 16 transportation to guide program development and to foster 17 efficient and economical transportation services in ground, 18 air, water and all other modes of transportation throughout 19 the state. The Department shall coordinate its 20 transportation planning activities with those of other state 21 agencies and authorities, and shall supervise and review any 22 transportation planning performed by other Executive agencies 23 under the direction of the Governor. The Department shall 24 cooperate and participate with federal, regional, interstate, 25 state, and local agencies, in accordance with Sections 5-301 26 and 7-301 of the Illinois Highway Code, and with interested 27 private individuals and organizations, in the coordination of 28 plans and policies for development of the state's 29 transportation system. 30 To meet the provisions of this Section, the Department 31 shall publish and deliver to the Governor and General 32 Assembly by January 1, 1982 and every 2 years thereafter, its SB745 Engrossed -246- LRB9101253EGfg 1 master plan for highway, waterway, aeronautic, mass 2 transportation and railroad systems. The plan shall identify 3 priority subsystems or components of each system which are 4 critical to the economic and general welfare of this State 5 regardless of public jurisdictional responsibility or private 6 ownership. 7 The master plan shall provide particular emphasis and 8 detail of the 5 year period in the immediate future. 9 Annual and 5 year project programs for each State system 10 in this Section shall be published and furnished the General 11 Assembly on the first Wednesday in April of each year. 12 Identified needs included in the project programs shall 13 be listed and mapped in a distinctive fashion to clearly 14 identify the priority status of the projects: (1) projects to 15 be committed for execution; (2) tentative projects which are 16 dependent upon funding or other constraints; and (3) needed 17 projects which are not programmed due to lack of funding or 18 other constraints. 19 All projects shall be related to the priority systems of 20 the master plan, and the priority criteria identified. Cost 21 and estimated completion dates shall be included for work 22 required to complete a useable segment or component beyond 23 the 5 year period of the program. 24 (b) The Department shall publish and deliver to the 25 Governor and General Assembly on the first Wednesday in April 26 of each year a 5-year Highway Improvement Program reporting 27 the number of fiscal years each project has been on previous 28 5-year plans submitted by the Department. 29 (c) The Department shall publish and deliver to the 30 Governor and the General Assembly by November 1 of each year 31 a For the Record report that shall include the following: 32 (1) all the projects accomplished in the previous 33 fiscal year listed by each Illinois Department of 34 Transportation District; and SB745 Engrossed -247- LRB9101253EGfg 1 (2) the award cost and the beginning dates of each 2 listed project. 3 (Source: P.A. 90-277, eff. 1-1-98; revised 10-31-98.) 4 Section 41. The Illinois Development Finance Authority 5 Act is amended by changing Sections 7.28 and 7.53 as follows: 6 (20 ILCS 3505/7.28) (from Ch. 48, par. 850.07s) 7 Sec. 7.28. Documentary materials concerning trade 8 secrets; Commercial or financial information; Confidentiality 9Confidentially. Any documentary materials or data made or 10 received by any member, agent or employee of the Authority, 11 to the extent that such material or data consist of trade 12 secrets, commercial or financial information regarding the 13 operation of any enterprise conducted by an applicant for, or 14 recipient of, any form of assistance which the Authority is 15 empowered to render, or regarding the competitive position of 16 such enterprise in a particular field of endeavor, shall not 17 be deemed public records; provided, however, that if the 18 Authority purchases a qualified security from such 19 enterprise, the commercial and financial information, 20 excluding trade secrets, shall be deemed to become a public 21 record of the Authority after the expiration of 3 years from 22 the date of purchase of such qualified security, or, in the 23 case of such information made or received by any member, 24 agent or employee of the Authority after the purchase of such 25 qualified security, 3 years from the date such information 26 was made or received. Any discussion or consideration of such 27 trade secrets or commercial or financial information may be 28 held by the Authority in executive sessions closed to the 29 public, notwithstanding the provisions of the Open Meetings 30 Act; provided, however, that the purpose of any such 31 executive session shall be set forth in the official minutes 32 of the Authority and business which is not related to such SB745 Engrossed -248- LRB9101253EGfg 1 purpose shall not be transacted, nor shall any vote be taken 2 during such executive sessions. 3 (Source: P.A. 88-665, eff. 9-16-94; revised 10-31-98.) 4 (20 ILCS 3505/7.53) (from Ch. 48, par. 850.07z9) 5 Sec. 7.53. Powers and duties; Illinois Local Government 6 Financing Assistance Program. The Authority has the power: 7 (a) To purchase from time to time pursuant to negotiated 8 sale or to otherwise acquire from time to time any local 9 government securities issued by one or more units of local 10 government upon such terms and conditions as the Authority 11 may prescribe; 12 (b) To issue bonds in one or more series pursuant to one 13 or more resolutions of the Authority for any purpose 14 authorized under Sections 7.50 through 7.61 of this Act, 15 including without limitation purchasing or acquiring local 16 government securities, providing for the payment of any 17 interest deemed necessary on such bonds, paying for the cost 18 of issuance of such bonds, providing for the payment of the 19 cost of any guarantees, letters of credit, insurance 20 contracts or other similar credit support or liquidity 21 instruments, or providing for the funding of any reserves 22 deemed necessary in connection with such bonds and refunding 23 or advance refunding of any such bonds and the interest and 24 any premium thereon, pursuant to paragraph (c) of Section 7 25 of this Act; 26 (c) To provide for the funding of any reserves or other 27 funds or accounts deemed necessary by the Authority in 28 connection with any bonds issued by the Authority or local 29 government securities purchased or otherwise acquired by the 30 Authority; 31 (d) To pledge any local government security, including 32 any payments thereon, and any other funds of the Authority or 33 funds made available to the Authority which may be applied to SB745 Engrossed -249- LRB9101253EGfg 1 such purpose, as security for any bonds or any guarantees, 2 letters of credit, insurance contracts or similar credit 3 support or liquidity instruments securing the bonds; 4 (e) To enter into agreements or contracts with third 5 parties, whether public or private, including without 6 limitation the United States of America, the State, or any 7 department or agency thereof to obtain any appropriations, 8 grants, loans or guarantees which are deemed necessary or 9 desirable by the Authority. Any such guarantee, agreement or 10 contract may contain terms and provisions necessary or 11 desirable in connection with the program, subject to the 12 requirements established by Sections 7.50 through 7.61 of 13 this Act; 14 (f) To charge reasonable fees to defray the cost of 15 obtaining letters of credit, insurance contracts or other 16 similar documents, and to charge such other reasonable fees 17 to defray the cost of trustees, depositories, paying agents, 18 bond registrars, escrow agents and other administrative 19 expenses. Any such fees shall be payable by units of local 20 government whose local government securities are purchased or 21 otherwise acquired by the Authority pursuant to Sections 7.50 22 through 7.61 of this Act, in such amounts and at such times 23 as the Authority shall determine, and the amount of the fees 24 need not be uniform among the various units of local 25 government whose local government securities are purchased or 26 otherwise acquired by the Authority pursuant to Sections 7.50 27 through 7.61 of this Act; 28 (g) To obtain and maintain guarantees, letters of 29 credit, insurance contracts or similar credit support or 30 liquidity instruments which are deemed necessary or desirable 31 in connection with any bonds or other obligations of the 32 Authority or any local government securities; 33 (h) To establish application fees and other service fees 34 and prescribe application, notification, contract, agreement, SB745 Engrossed -250- LRB9101253EGfg 1 security and insurance forms and rules and regulations it 2 deems necessary or appropriate; 3 (i) To provide technical assistance, at the request of 4 any unit of local government, with respect to the financing 5 or refinancing for any public purpose. In fulfillment of 6 this purpose, the Authority may request assistance from the 7 Department as necessary; any unit of local government that is 8 experiencing either a financial emergency as defined in the 9 Local Government Financial Planning and Supervision Act or a 10 condition of fiscal crisis evidenced by an impaired ability 11 to obtain financing for its public purpose projects from 12 traditional financial channels or impaired ability to fully 13 fund its obligations to fire, police and municipal employee 14 pension funds, or to bond payments or reserves, may request 15 technical assistance from the Authority in the form of a 16 diagnostic evaluation of its financial condition; 17 (j) To purchase any obligations of the Authority issued 18 pursuant to Sections 7.50 through 7.61 of this Act; 19 (k) To sell, transfer or otherwise dispose of local 20 government securities purchased or otherwise acquired by the 21 Authority pursuant to Sections 7.50 through 7.61 of this Act, 22 including without limitation, the sale, transfer or other 23 disposition of undivided fractionalized interests in the 24 right to receive payments of principal and premium, if any, 25 or the right to receive payments of interest or the right to 26 receive payments of principal of and premium, if any, and 27 interest on pools of such local government securities; 28 (l) To acquire, purchase, lease, sell, transfer and 29 otherwise dispose of real and personal property, or any 30 interest therein, and to issue its bonds and enter into 31 leases, contracts and other agreements with units of local 32 government in connection with such acquisitions, purchases, 33 leases, sales and other dispositions of such real and 34 personal property; SB745 Engrossed -251- LRB9101253EGfg 1 (m) To make loans to banks, savings and loans and other 2 financial institutions for the purpose of purchasing or 3 otherwise acquiring local government securities, and to issue 4 its bonds, and enter into agreements and contracts in 5 connection with such loans; 6 (n) To enter into agreements or contracts with any 7 person necessary or appropriate to place the payment 8 obligations of the Authority under any of its bonds in whole 9 or in part on any interest rate basis, cash flow basis, or 10 other basis desired by the Authority, including without 11 limitation agreements or contracts commonly known as 12 "interest rate swap agreements", "forward payment conversion 13 agreements", and "futures", or agreements or contracts 14 providing for payments based on levels of or changes in 15 interest rates, or agreements or contracts to exchange cash 16 flows or a series of payments, or agreements or contracts, 17 including without limitation agreements or contracts commonly 18 known as "options", "puts" or "calls", to hedge payment, rate 19 spread, or similar exposure; provided, that any such 20 agreement or contract shall not constitute an obligation for 21 borrowed money, and shall not be taken into account under 22 Section 7.56a of this Act or any other debt limit of the 23 Authority or the State of Illinois; 24 (o) To make and enter into all other agreements and 25 contracts and execute all instruments necessary or incidental 26 to performance of its duties and the execution of its powers 27 under Sections 7.50 through 7.61 of this Act;and28 (p) To contract for and finance the costs of energy 29 audits, project-specific engineering and design 30 specifications, and any other related analyses preliminary to 31 an energy conservation project; and,to contract for and 32 finance the cost of project monitoring and data collection to 33 verify post-installation energy consumption and 34 energy-related operating costs. Any such contract shall be SB745 Engrossed -252- LRB9101253EGfg 1 executed only after it has been jointly negotiated by the 2 Authority and the Department of Commerce and Community 3 Affairs; and.4 (q) To exercise such other powers as are necessary or 5 incidental to the foregoing. 6 (Source: P.A. 88-519; 89-445, eff. 2-7-96; revised 10-31-98.) 7 Section 42. The Illinois Human Resource Investment 8 Council Act is amended by changing the title of the Act as 9 follows: 10 (20 ILCS 3975/Act title) 11 An Act to create the Illinois Human Resource Investment 12Job Training CoordinatingCouncil. 13 Section 43. The Law Enforcement and Fire Fighting Medal 14 of Honor Act is amended by changing Section 2001 as follows: 15 (20 ILCS 3985/2001) (from Ch. 127, par. 3852-1) 16 Sec. 2001. There is created the Law Enforcement Medal of 17 Honor Committee, referred to in this Article as the 18 Committee. The Committee shall consist of the Director of 19 the Department of State Police, the Superintendent of the 20 Chicago Police Department, the Executive Director of the 21 IllinoisLocal GovernmentalLaw EnforcementOfficer's22 Training Standards Board, and the following persons appointed 23 by the Governor: a sheriff, a chief of police from other 24 than Chicago, a representative of a statewide law enforcement 25 officer organization and a retired Illinois law enforcement 26 officer. Of the appointed members, the sheriff and police 27 chief shall each serve a 2-year term and the organization 28 representative and retired officer shall each serve a 29 one-year term. The Governor shall appoint initial members 30 within 3 months of the effective date of this Act. 31 Members of the Committee shall serve without compensation SB745 Engrossed -253- LRB9101253EGfg 1 but shall be reimbursed for actual expenses incurred in the 2 performance of their duties from funds appropriated to the 3 Office of the Governor for such purpose. 4 (Source: P.A. 86-1230; revised 7-10-98.) 5 Section 44. The Prairie State 2000 Authority Act is 6 amended by changing Section 14 as follows: 7 (20 ILCS 4020/14) (from Ch. 48, par. 1514) 8 Sec. 14. Qualification for Benefits. An individual is 9 entitled to receive benefits under this Act if it is 10 determined that: 11 (a) the individual is (i) within a benefit year as 12 defined in the Unemployment Insurance Act or has been 13 employed as defined under Section 206 of the Unemployment 14 Insurance Act a minimum of 3 of the 10 years previous to 15 the date of an application for benefits; or (ii)is16 employed but is in need of additional skills for 17 continued employment and would be determined to meet the 18 requirements of the Unemployment Insurance Act to 19 establish a benefit year if such individual became 20 unemployed through a lack of suitable work opportunities; 21 or (iii)iscertified to be a dislocated worker under the 22 federal Job Training Partnership Act or any successor 23 federal Act;and24 (b) the individual has enrolled in a job-linked 25 program at a qualified institution, which program has 26 been certified by the Board as eligible for reimbursement 27 through issuance of vouchers from the Prairie State 2000 28 Fund; and established vocational goals directed toward 29 the acquisition of marketable skills relevant to current 30 local labor market needs by means of individual or 31 multi-course programs which may contain either remedial 32 or academic components; and.SB745 Engrossed -254- LRB9101253EGfg 1 (c) the individual has not been issued vouchers in 2 the maximum amount authorized under Section 15 within the 3 24 months previous to the pending determination that he 4 or she is eligible for receipt of benefits under this 5 Section and the individual is not receiving funds for a 6 job training program under the federal Job Training 7 Partnership Act. 8 (Source: P.A. 85-401; revised 10-31-98.) 9 Section 45. The Compensation Review Act is amended by 10 changing Section 2 as follows: 11 (25 ILCS 120/2) (from Ch. 63, par. 902) 12 Sec. 2. There is created the Compensation Review Board, 13 hereinafterthereinafterreferred to as the Board. 14 The Board shall consist of l2 members, appointed 3 each 15 by the Speaker of the House of Representatives, the Minority 16 Leader thereof, the President of the Senate, and the Minority 17 Leader thereof. Members shall be adults and be residents of 18 Illinois. Members may not be members or employees or former 19 members or employees of the judicial, executive or 20 legislative branches of State government; nor may members be 21 persons registered under the Lobbyist Registration Act. Any 22 member may be reappointed for a consecutive term but no 23 member may serve for more than 10 years total on the Board. 24 The respective appointing legislative leader may remove any 25 such appointed member prior to the expiration of his term on 26 the Board for official misconduct, incompetence or neglect of 27 duty. 28 Members shall serve without compensation but shall 29 receive an allowance for living expenses incurred in the 30 performance of their official duties in an amount per day 31 equal to the amount permitted to be deducted for such 32 expenses by members of the General Assembly under the federal SB745 Engrossed -255- LRB9101253EGfg 1 Internal Revenue Code, as now or hereafter amended. The rate 2 for reimbursement of mileage expenses shall be equal to the 3 amount established from time to time for members of the 4 General Assembly. The Board may, without regard to the 5 Personnel Code, employ and fix the compensation or 6 remuneration of employees as it considers necessary or 7 desirable. The General Assembly shall appropriate the funds 8 necessary to operate the Board. 9 (Source: P.A. 86-1481; revised 10-31-98.) 10 Section 46. The Legislative Commission Reorganization 11 Act of 1984 is amended by changing Section 1-4 as follows: 12 (25 ILCS 130/1-4) (from Ch. 63, par. 1001-4) 13 Sec. 1-4. In addition to its general policy making and 14 coordinating responsibilities for the legislative support 15 services agencies, the Joint Committee on Legislative Support 16 Services shall have the following powers and duties with 17 respect to such agencies: 18 (1) To approve the executive director pursuant to 19 Section 1-5(e); 20 (2) To establish uniform hiring practices and personnel 21 procedures, including affirmative action, to assure equality 22 of employment opportunity; 23 (3) To establish uniform contract procedures, including 24 affirmative action, to assure equality in the awarding of 25 contracts, and to maintain a list of all contracts entered 26 into; 27 (4) To establish uniform travel regulations and approve 28 all travel outside the State of Illinois; 29 (5) To coordinate all leases and rental of real 30 property; 31 (6) Except as otherwise expressly provided by law, to 32 coordinate and serve as the agency authorized to assign SB745 Engrossed -256- LRB9101253EGfg 1 studies to be performed by any legislative support services 2 agency. Any study requested by resolution or joint resolution 3 of either house of the General Assembly shall be subject to 4 the powers of the Joint Committee to allocate resources 5 available to the General Assembly hereunder; provided, 6 however, that nothing herein shall be construed to preclude 7 the participation by public members in such studies or 8 prohibit their reimbursement for reasonable and necessary 9 expenses in connection therewith; 10 (7) To make recommendations to the General Assembly 11 regarding the continuance of the various committees, boards 12 and commissions that are the subject of the statutory 13 provisions repealed March 31, 1985, under Article 11 of this 14 Act; 15 (8) To assist the Auditor General as necessary to assure 16 the orderly and efficient termination of the various 17 committees, boards and commissions that are subject to 18 Article 12 of this Act; 19 (9) To consider and make recommendations to the General 20 Assembly regarding further reorganization of the legislative 21 support services agencies, and other legislative committees, 22 boards and commissions, as it may from time to time determine 23 to be necessary; 24 (10) To consider and recommend a comprehensive 25 transition plan for the legislative support services 26 agencies, including but not limited to issues such as the 27 consolidation of the organizational structure, centralization 28 or decentralization of staff, appropriate level of member 29 participation, guidelines for policy development, further 30 reductions which may be necessary, and measures which can be 31 taken to improve efficiency, and ensure accountability. To 32 assist in such recommendations the Joint Committee may 33 appoint an Advisory Group. Recommendations of the Joint 34 Committee shall be reported to the members of the General SB745 Engrossed -257- LRB9101253EGfg 1 Assembly no later than November 13, 1984. The requirement for 2 reporting to the General Assembly shall be satisfied by 3 filing copies of the report with the Speaker, the Minority 4 Leader and the Clerk of the House of Representatives and the 5 President, the Minority Leader and the Secretary of the 6 Senate and the Legislative Research Unit, as required by 7 Section 3.1 of the General Assembly Organization Act, and 8 filing such additional copies with the State Government 9 Report Distribution Center for the General Assembly as is 10 required under paragraph (t) of Section 7 of the State 11 Library Act;and12 (11) To contract for the establishment of child care 13 services pursuant to the State Agency Employees Child Care 14 Services Act; and 15 (12) To use funds appropriated from the General Assembly 16 Computer Equipment Revolving Fund for the purchase of 17 computer equipment for the General Assembly and for related 18 expenses and for other operational purposes of the General 19 Assembly in accordance with Section 6 of the Legislative 20 Information System Act. 21 (Source: P.A. 88-85; revised 10-31-98.) 22 Section 47. The State Finance Act is amended by setting 23 forth and renumbering multiple versions of Section 5.480 and 24 by changing Sections 12-2 and 15a as follows: 25 (30 ILCS 105/5.480) 26 Sec. 5.480. The Juvenile Accountability Incentive Block 27 Grant Fund. 28 (Source: P.A. 90-587, eff. 7-1-98.) 29 (30 ILCS 105/5.482) 30 Sec. 5.482.5.480.The Petroleum Resources Revolving 31 Fund. SB745 Engrossed -258- LRB9101253EGfg 1 (Source: P.A. 90-614, eff. 7-10-98; revised 9-23-98.) 2 (30 ILCS 105/5.483) 3 Sec. 5.483.5.480.The Economic Development Matching 4 Grants Program Fund. 5 (Source: P.A. 90-660, eff. 7-30-98; revised 9-23-98.) 6 (30 ILCS 105/5.484) 7 Sec. 5.484.5.480.The Mammogram Fund. 8 (Source: P.A. 90-675, eff. 1-1-99; revised 9-23-98.) 9 (30 ILCS 105/5.485) 10 Sec. 5.485.5.480.The Police Memorial Committee Fund. 11 (Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.) 12 (30 ILCS 105/5.486) 13 Sec. 5.486.5.480.The Right to Read Fund. 14 (Source: P.A. 90-757, eff. 8-14-98; revised 9-23-98.) 15 (30 ILCS 105/5.487) 16 Sec. 5.487.5.480.The Foreign Language Interpreter 17 Fund. 18 (Source: P.A. 90-771, eff. 1-1-99; revised 9-23-98.) 19 (30 ILCS 105/5.488) 20 Sec. 5.488.5.480.The Port Development Revolving Loan 21 Fund. 22 (Source: P.A. 90-785, eff. 1-1-99; revised 9-23-98.) 23 (30 ILCS 105/12-2) (from Ch. 127, par. 148-2) 24 Sec. 12-2. (a) The chairmen of the travel control boards 25 established by Section 12-1, or their designees, shall 26 together comprise the Travel Regulation Council. The Travel 27 Regulation Council shall be chaired by the Director of SB745 Engrossed -259- LRB9101253EGfg 1 Central Management Services, who shall be a nonvoting member 2 of the Council, unless he is otherwise qualified to vote by 3 virtue of being the designee of a voting member. No later 4 than March 1, 1986, and at least biennially thereafter, the 5 Council shall adopt State Travel Regulations and 6 Reimbursement Rates which shall be applicable to all 7 personnel subject to the jurisdiction of the travel control 8 boards established by Section 12-1. An affirmative vote of a 9 majority of the members of the Council shall be required to 10 adopt regulations and reimbursement rates. If the Council 11 fails to adopt regulations by March 1 of any odd-numbered 12 year, the Director of Central Management Services shall adopt 13 emergency regulations and reimbursement rates pursuant to the 14 Illinois Administrative ProcedureProceduresAct. 15 (b) Mileage for automobile travel shall be reimbursed at 16 the allowance rate in effect under regulations promulgated 17 pursuant to 5 U.S.C. 5707(b)(2). However, in the event the 18 rate set under federal regulations changes during the course 19 of the State's fiscal year, the effective date of the new 20 rate shall be the July 1 immediately following the change in 21 the federal rate. 22 (c) Rates for reimbursement of expenses other than 23 mileage shall not exceed the actual cost of travel as 24 determined by the United States Internal Revenue Service. 25 (d) Reimbursements to travelers shall be made pursuant 26 to the rates and regulations applicable to the respective 27 State agency as of the effective date of this amendatory Act, 28 until the State Travel Regulations and Reimbursement Rates 29 established by this Section are adopted and effective. 30 (Source: P.A. 89-376, eff. 8-18-95; revised 10-31-98.) 31 (30 ILCS 105/15a) (from Ch. 127, par. 151a) 32 Sec. 15a. Contractual services. The item "contractual 33 services", when used in an appropriation act, means and SB745 Engrossed -260- LRB9101253EGfg 1 includes: 2 (a) Expenditures incident to the current conduct 3 and operation of an office, department, board, 4 commission, institution or agency for postage and postal 5 charges, surety bond premiums, publications, 6 subscriptions, office conveniences and services, 7 exclusive of commodities as herein defined; 8 (b) Expenditures for rental of property or 9 equipment, repair or maintenance of property or equipment 10 including related supplies, equipment, materials, 11 services, replacement fixtures and repair parts, utility 12 services, professional or technical services, moving 13 expenses incident to a new State employment, and 14 transportation charges exclusive of "travel" as herein 15 defined; 16 (c) Expenditures for the rental of lodgings in 17 Springfield, Illinois and for the payment of utilities 18 used in connection with such lodgings for all elected 19 State officials, who are required by Section 1, Article V 20 of the Constitution of the State of Illinois to reside at 21 the seat of government during their term of office; 22 (d) Expenditures pursuant to multi-year lease, 23 lease-purchase or installment purchase contracts for 24 duplicating equipment authorized by Section 5.1 of the 25 Illinois Purchasing Act; 26 (e) Expenditures of $5,000 or less per project for 27 improvements to real property which, except for the 28 operation of this Section, would be classified as 29 "permanent improvements" as defined in Section 21; 30 (f) Expenditures pursuant to multi-year lease, 31 lease-purchase or installment purchase contracts for 32 land, permanent improvements or fixtures. 33 The item "contractual services" does not, however, 34 include any expenditures included in "operation of automotive SB745 Engrossed -261- LRB9101253EGfg 1 equipment" as defined in Section 24.2. 2 The item "contractual services" does not include any 3 expenditures for professional, technical, or other services 4 performed for a State agency under a contract executed after 5 the effective date of this amendatory Act of 1992 by a person 6 who was formerly employed by that agency and has received any 7 early retirement incentive under Section 14-108.3 or 16-133.3 8 of the Illinois Pension Code, unless the official or employee 9 executing the contract on behalf of the agency has certified 10 that the person performing the services either (i) possesses 11possessunique expertise, or (ii) is essential to the 12 operation of the agency. This certification must be filed 13 with the Office of the Auditor General prior to the execution 14 of the contract, and shall be made available by that Office 15 for public inspection and copying. A contract not payable 16 from the contractual services item because of this paragraph 17 shall not be payable from any other item of appropriation. 18 For the purposes of this paragraph, the term "agency" 19 includes all offices, boards, commissions, departments, 20 agencies, and institutions of State government. 21 (Source: P.A. 87-836; 87-860; revised 10-31-98.) 22 Section 48. The State Officers and Employees Money 23 Disposition Act is amended by changing Section 6 as follows: 24 (30 ILCS 230/6) (from Ch. 127, par. 176a) 25 Sec. 6. This Act shall not apply to contributions or 26 other moneys collected pursuant to the provisions of"the 27 Unemployment InsuranceCompensationAct" approved June 30,281937, as amended. 29 (Source: Laws 1939, p. 1144; revised 10-31-98.) 30 Section 49. The Fiscal Agent Designation Act is amended 31 by changing Section 1 as follows: SB745 Engrossed -262- LRB9101253EGfg 1 (30 ILCS 325/1) (from Ch. 127, par. 321) 2 Sec. 1. The Building Bond Board created by the 3 Educational Institution Bond Authorization Act"An Act to4authorize the issuance and sale of bonds of the State of5Illinois for the purpose of obtaining funds to be used for6making permanent improvements at educational institutions7owned by this State and to provide for the payment of the8principal of and interest upon such bonds"and the Building 9 Bond Board created by the Mental Health Institution Bond Act 10 are"An Act to authorize the issuance and sale of bonds of11the State of Illinois for the purpose of obtaining funds to12be used for making permanent improvements at mental health13and other public welfare institutions owned by this State and14to provide for the payment of the principal of and interest15upon such bonds"eachisauthorized to designate a fiscal or 16 paying agent for the State of Illinois for bonds issued by 17 the State of Illinois in accordance with the aforementioned 18 Acts in the City of Chicago, Illinois, and in the Borough of 19 Manhattan, New York City, New York, as well as the office of 20 the State Treasurer. 21 (Source: Laws 1961, p. 1804; revised 10-31-98.) 22 Section 50. The General Obligation Bond Act is amended 23 by changing Section 9 as follows: 24 (30 ILCS 330/9) (from Ch. 127, par. 659) 25 Sec. 9. Conditions for Issuance and Sale of Bonds - 26 Requirements for Bonds. Bonds shall be issued and sold from 27 time to time in such amounts as directed by the Governor, 28 upon recommendation by the Director of the Bureau of the 29 Budget. Bonds shall be in such form, in the denomination of 30 $5,000 or some multiple thereof, payable within 30 years from 31 their date, bearing interest payable annually or semiannually 32 from their date at a rate that does not exceed that permitted SB745 Engrossed -263- LRB9101253EGfg 1 in the Bond Authorization Act"AN ACT to authorize public2corporations to issue Bonds, other evidences of indebtedness3and tax anticipation warrants subject to interest rate4limitations set forth therein", approved May 26, 1970, as now5or hereafter amended, and be dated as shall be fixed and 6 determined by the Director of the Bureau of the Budget in the 7 order authorizing the issuance and sale of Bonds, which order 8 shall be approved by the Governor prior to the giving of 9 notice of the sale of any Bonds. Said Bonds shall be payable 10 at such place or places, within or without the State of 11 Illinois, and may be made registrable as to either principal 12 or as to both principal and interest, as shall be fixed and 13 determined by the Director of the Bureau of the Budget in the 14 order authorizing the issuance and sale of such Bonds. Bonds 15 may be callable as fixed and determined by the Director of 16 the Bureau of the Budget in the order authorizing the 17 issuance and sale of Bonds; provided,;however, that the 18 State shall not pay a premium of more than 3% of the 19 principal of any Bonds so called. 20 (Source: P.A. 83-1490; revised 10-31-98.) 21 Section 51. The Metropolitan Civic Center Support Act is 22 amended by changing Section 4 as follows: 23 (30 ILCS 355/4) (from Ch. 85, par. 1394) 24 Sec. 4. Moneys will be committed and distributed from the 25 MEAOB Fund in the following manner: 26 (1) Any Authority desiring to make application for 27 financial support shall do so on forms and in the manner 28 provided by the Department and accompanied by an economic 29 feasibility report, an economic impact report, master 30 building plan and design, documented evidence that the 31 Authority has been created pursuant to law, a financial 32 plan, and the required local share of total project costs, SB745 Engrossed -264- LRB9101253EGfg 1 which local share shall include cash or pledges available on 2 demand through construction in an amount equivalent to 10% of 3 total project costs, and the sources of and procedures for 4 obtaining such local share, including evidence that the local 5 share was authorized at a public meeting. Local share may 6 not include State funds provided to the Authority through 7 grant or loan. 8 (2) (a) The application cycle for each program year is 9 from July 1 to June 30. 10 (b) Only Authorities recognized by the Director as being 11 created and organized prior to July 1 of a program year may 12 apply for support in that year. 13 (c) An application must be submitted by August 1 to be 14 considered in that year. An application submitted by August 15 1, 1990, that is not fully funded shall remain on file and 16 shall constitute a continuing application for the following 4 17 program years ending on June 30, 1992, June 30, 1993, June 18 30, 1994, and June 30, 1995. An Authority must participate in 19 a consultation with the Department prior to submitting an 20 application. 21 (d) Applications shall be made available for public 22 inspection by the Authority. 23 (e) The Department shall hold one or more hearings on 24 the applications. Applications may be grouped for hearings. 25 (f) Applications may be divided into construction 26 phases, but dividing the project into phases shall not imply 27 subsequent approval of funding the delayed phases. 28 Applications shall be limited to single or multi-purpose 29 projects the primary function of which is to provide public 30 entertainment, exhibitions or conventions or to provide 31 parking facilities related thereto. Office facilities may be 32 included as an incidental rather than a primary function of a 33 project. If the Authority holds land or property not 34 physically contiguous to the civic center property, the SB745 Engrossed -265- LRB9101253EGfg 1 Authority may utilize such other lands or property for any 2 facility administered by the Authority, and such facility may 3 be included as an incidental function of a project. 4 Notwithstanding the foregoing, an Authority created under the 5 Metropolitan Civic Center Act with a population of less than 6 100,000, that before July 1, 1990, has received State 7 financial support for 2 theatre renovation projects in 2 8 separate communities, may be eligible to seek State financial 9 support for an agricultural center, university sports 10 facility, and arena in cooperation with a State university 11 created under the Regency Universities Act. 12 (g) The Director shall certify an application as 13 eligible for State financial support if, in his judgment: (i) 14 the application satisfies all conditions in subsection (1) of 15 this Section; (ii) the application proposes a facility which 16 accommodates a documented community need; (iii) the 17 application shows evidence of community support; (iv) the 18 application proposes a facility which can reasonably be 19 expected to provide primary and secondary economic benefits 20 in the metropolitan area of the Authority including such 21 things as job creation, private investments and other 22 benefits; and (v) the application proposes a facility the 23 operational expenses of which are met by the Authority or 24 through other means available to the Authority. 25 (h) The Director may deny all or a portion of an 26 application and may deny certification to an applicant if in 27 the judgment of the Director the applicant has failed to show 28 that the project is economically feasible, or if the master 29 building plan and design are incomplete or inadequate, or if 30 the financial plan is inadequate. The submitted application 31 will be competitively ranked: If, after funding the highest 32 ranked applications, the amount available for certification 33 by the Director, as determined by the written certification 34 from the Budget Director pursuant to Section 4(4) of this SB745 Engrossed -266- LRB9101253EGfg 1 Act, is insufficient to fund the next highest ranked project 2 and the project cannot be separated into workable phases, the 3 Director may select the next highest ranked project for which 4 funds are sufficient. 5 (i) Upon completion of the application review the 6 Director shall provide a list of applications approved and 7 the amount approved, and a list of applications denied and 8 the amount denied to each applicant. 9 (j) Applicants denied shall be provided with the reason 10 for denial in writing. 11 (k) Applications not certified in one year may be 12 resubmitted in another year, but no preference shall be given 13 to resubmissions, unless the only reason for denial is lack 14 of available State financial support. 15 (l) Applications certified prior to June 1, 1985, shall 16 remain certified and eligible for State financial support 17 during fiscal year 1986 after September 3, 1985. 18 Applications received but not certified by the Department 19 prior to June 1, 1985, may be certified during fiscal year 20 1986 after September 3, 1985 in accordance with statutory 21 provisions in existence at the time the application was 22 received. All such applications shall be given priority over 23 applications subsequently received by the Department. 24 (3) (a) The Department shall establish for each 25 applicant which has been certified by the Director as being 26 eligible for State financial support a base sum equal to the 27 lesser of: 28 (i) 75% of the total project costs as determined 29 from applicant's estimate. 30 (ii) .0310 times the total assessed valuation, as 31 equalized by the Department of Revenue, of all taxable 32 property located within the metropolitan area of the 33 Authority for the year 1975 or 1983, whichever is 34 greater. SB745 Engrossed -267- LRB9101253EGfg 1 (iii) $20,000,000. 2 Notwithstanding the foregoing, an applicant with a 3 facility with more than 400,000 square feet of exhibition 4 space shall have a base sum of $15,000,000 in any event, and 5 the applicant shall be eligible to receive up to $10,000,000 6 of its base sum in the fiscal year beginning July 1, 1990, 7 and the balance of its base sum in the fiscal year beginning 8 July 1, 1991. Notwithstanding the foregoing, an applicant 9 that has received by July 1, 1990, the maximum amount of 10 State financial support authorized under subsection 11 (3)(a)(iii) of this Section shall receive additional State 12 financial support as appropriated by the General Assembly. 13 (b) After this base sum has been established, the 14 Department shall enter into an agreement with the Authority 15 whereby the Department will agree to do one of the following: 16 (i) Subject to annual appropriation by the General 17 Assembly, to pay annually to the Authority from the MEAOB 18 Fund,(A) an amount equal to the interest and principal 19 cost to the Authority of amortizing revenue bonds issued 20 by the Authority in an amount equal to the base sum or 21 (B) an amount equal to the interest and principal cost to 22 a unit of local government of amortizing revenue or 23 general obligation bonds issued by the unit of local 24 government pursuant to an intergovernmental cooperation 25 agreement with the Authority in an amount equal to the 26 base sum. The amortization schedule for such revenue or 27 general obligation bonds shall be determined by the 28 Authority or the unit of local government and be approved 29 by the Department; or 30 (ii) After September 3, 1985, to provide State 31 financial support from the issuance of Bonds pursuant to 32 Section 7 of this Act, the proceeds of which shall be 33 granted by the Department to the Authority in an amount 34 equal to the base sum, subject to annual appropriation by SB745 Engrossed -268- LRB9101253EGfg 1 the General Assembly. After September 3, 1985, newly 2 certified applicants shall receive State financial 3 support only in accordance with this subparagraph (ii). 4(iii)The issuance of Bonds pursuant to Section 7 of this 5 Act to provide State financial support, as provided in 6 subparagraph (ii) above, shall be subject to the satisfaction 7 of all the conditions contained in this Act required for the 8 issuance of Bonds, including, without limitation, those 9 conditions contained in Section 9. Any application certified 10 by the Director as eligible for State financial support in 11 one fiscal year, but for which State financial support is not 12 provided during such fiscal year, shall continue to be 13 certified as eligible for State financial support in 14 subsequent fiscal years. 15 (4) Prior to July 1, 1989, the Director shall not 16 certify an applicant Authority as eligible for State 17 Financial Support unless he receives written certification 18 from the Budget Director that the revenues for the last 19 completed fiscal year paid into the MEAOB Fund equal or 20 exceed 175% of the annual debt service required with respect 21 to Bonds and Local Bonds for previously certified 22 applications and the application then under consideration. 23 For the fiscal year beginning July 1, 1989, and each fiscal 24 year thereafter, the Director shall not certify an applicant 25 Authority as eligible for State Financial Support unless he 26 receives written certification from the Budget Director that 27 the amount to be certified by the Director, when added to all 28 other amounts previously certified by the Director and funded 29 from the proceeds of Bonds, does not exceed the estimated 30 proceeds available under this Act to fund civic center and 31 library projects from the proceeds of Bonds to be issued and 32 sold after July 1, 1989 pursuant to Section 7 of this Act. 33 The total aggregate amount of principal issued and 34 outstanding in Bonds and in Local Bonds subject to State SB745 Engrossed -269- LRB9101253EGfg 1 financial support under subsection (3)(b) above at any given 2 time for all Authorities shall not exceed the sum of 3 $200,000,000. Bonds and Local Bonds (or portions thereof) for 4 which there shall be delivered to an escrow agent or trustee 5 for the benefit of the holders thereof either cash or a 6 combination of cash and direct obligations of, or obligations 7 the principal and interest on which are fully guaranteed by, 8 the United States of America shall be deemed not to be 9 outstanding for the purpose of any determination of, or 10 certification relating to, debt service coverage required by 11 this Act to the extent that the principal of, premium, if 12 any, and interest on such bonds are payable from the amount 13 so delivered and any income or increment to accrue thereon 14 (without consideration of any reinvestment thereof). Bonds 15 and Local Bonds (or portions thereof) for which there shall 16 be delivered to an escrow agent or trustee for the benefit of 17 the holders thereof either cash or a combination of cash and 18 direct obligations of, or obligations the principal and 19 interest on which are fully guaranteed by, the United States 20 of America shall be deemed not to be outstanding for the 21 purpose of any determination of, or certification relating 22 to, the aggregate amount of Bonds and Local Bonds outstanding 23 at any given time under this Act to the extent that the 24 principal of and premium, if any, on such bonds are payable 25 from the amount so delivered and any income or increment to 26 accrue thereon (without consideration of any reinvestment 27 thereof). 28 (Source: P.A. 87-738; 88-245; revised 10-31-98.) 29 Section 52. The Architectural, Engineering, and Land 30 Surveying Qualifications Based Selection Act is amended by 31 changing Section 30 as follows: 32 (30 ILCS 535/30) (from Ch. 127, par. 4151-30) SB745 Engrossed -270- LRB9101253EGfg 1 Sec. 30. Evaluation procedure. A State agency shall 2 evaluate the firms submitting letters of interest and other 3 prequalified firms, taking into account qualifications; and 4 the State agency may consider, but shall not be limited to 5 considering, ability of professional personnel, past record 6 and experience, performance data on file, willingness to meet 7 time requirements, location, workload of the firm and any 8 other qualifications based factors as the State agency may 9 determine in writing are applicable. The State agency may 10 conduct discussions with and require public presentations by 11 firms deemed to be the most qualified regarding their 12 qualifications, approach to the project and ability to 13 furnish the required services. 14 A State agency shall establish a committee to select 15 firms to provide architectural, engineering, and land 16 surveying services. A selection committee may include at 17 least one public member nominated by a statewide association 18 of the profession affected. The public member may not be 19 employed or associated with any firm holding a contract with 20 the State agency nor may the public member'smembers'firm be 21 considered for a contract with that State agency while he or 22 she is serving as a public member of the committee. 23 In no case shall a State agency, prior to selecting a 24 firm for negotiation under Section 40, seek formal or 25 informal submission of verbal or written estimates of costs 26 or proposals in terms of dollars, hours required, percentage 27 of construction cost, or any other measure of compensation. 28 (Source: P.A. 87-673; revised 10-31-98.) 29 Section 53. The International Anti-Boycott Certification 30 Act is amended by changing Section 5 as follows: 31 (30 ILCS 582/5) 32 Sec. 5. State contracts. Every contract entered into by SB745 Engrossed -271- LRB9101253EGfg 1 the State of Illinois for the manufacture, furnishing, or 2 purchasing of supplies, material, or equipment or for the 3 furnishing of work, labor, or services, in an amount 4 exceeding the thresholdthreshholdfor small purchases 5 according to the purchasing laws of this State or $10,000, 6 whichever is less, shall contain certification, as a material 7 condition of the contract, by which the contractor agrees 8 that neither the contractor nor any substantially-owned 9 affiliated company is participating or shall participate in 10 an international boycott in violation of the provisions of 11 the U.S. Export Administration Act of 1979 or the regulations 12 of the U.S. Department of Commerce promulgated under that 13 Act. 14 (Source: P.A. 88-671, eff. 12-14-94; revised 10-31-98.) 15 Section 54. The Intergovernmental Drug Laws Enforcement 16 Act is amended by changing Section 2 as follows: 17 (30 ILCS 715/2) (from Ch. 56 1/2, par. 1702) 18 Sec. 2. As used in this Act, unless the context 19 otherwise requires, the terms specified in SectionsSection20 2.01 through 2.05 have the meanings ascribed to them in those 21 Sections. 22 (Source: P.A. 88-677, eff. 12-15-94; revised 10-31-98.) 23 Section 55. The Comprehensive Solar Energy Act of 1977 24 is amended by changing Sections 1.1 and 2.1 as follows: 25 (30 ILCS 725/1.1) (from Ch. 96 1/2, par. 7302) 26 Sec. 1.1. Legislative Findings. The General Assembly 27 finds: 28 (a) that the public health, safety, and welfare of the 29 People of the State of Illinois require that an adequate 30 supply of energy be made available to them at all times; SB745 Engrossed -272- LRB9101253EGfg 1 (b) that at the present time existing energy sources are 2 becoming more limited; 3 (c) that it is the responsibility of the State 4 government to encourage,the use of alternative renewable 5 energy sources; 6 (d) that solar energy systems are an effective and 7 feasible means of reducing the dependence of the State 8 government and the People of the State on non-State energy 9 sources and of conserving valuable fossil fuel and other 10 non-renewable energy sources; and 11 (e) that it is in the public interest to define solar 12 energy systems, demonstrate solar energy feasibility, apply 13 incentives for using solar energy, educate the public on 14 solar feasibility, study solar energy application, and 15 coordinate governmental programs affecting solar energy. 16 (Source: P.A. 80-430; revised 10-31-98.) 17 (30 ILCS 725/2.1) (from Ch. 96 1/2, par. 7304) 18 Sec. 2.1. Delegation of Authority. 19 (a) There is created the Illinois Comprehensive Solar 20 Energy Program, hereinafter referred to as the Program, 21 elements of which are specified in Sections 2.1 through 8.2 22 of this Act. 23 (b) Primary authority and responsibility for the 24 supervision and implementation of the Program is vested in 25 the Department. 26 (c) The Director of the Department shall carry out the 27 Program and;shall accept, receive, expend, and administer 28 for the benefit of the People of this State,any gifts, 29 grants, legacies, or other funds or monies made available 30 from either public or private sources. 31 (d) The Department shall acquire and collect 32 information; shall represent the State before all agencies, 33 governmental bodies, or commissions; and;shall promulgate SB745 Engrossed -273- LRB9101253EGfg 1 necessary regulations. 2 (Source: P.A. 83-388; revised 10-31-98.) 3 Section 56. The Downstate Public Transportation Act is 4 amended by changing Sections 2-2.02, 2-7, 3-1.04, and 3-1.09 5 as follows: 6 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02) 7 Sec. 2-2.02. "Participant" means: 8 (1) a city, village, or incorporated town, or a local 9 mass transit district organized under the Local Mass Transit 10 District Act,(a) serving an urbanized area of over 50,000 11 population on December 28, 1989,or(b) receiving State mass 12 transportation operating assistance pursuant to the 13"Downstate Public Transportation Act"during Fiscal Year 14 1979, or (c) serving a nonurbanized area and receiving 15 federal rural public transportation assistance on the 16 effective date of this amendatory Act of 1993;,or 17 (2) any Metro-East Transit District established pursuant 18 to Section 3 of the"Local Mass Transit District Act",19approved July 21, 1959, as amended,and serving one or more 20 of the Counties of Madison, Monroe, and St. Clair during 21 Fiscal Year 1989, all located outside the boundaries of the 22 Regional Transportation Authority as established pursuant to 23 the"Regional Transportation Authority Act", approved24December 12, 1973, as amended. 25 (Source: P.A. 88-450; revised 10-31-98.) 26 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) 27 Sec. 2-7. Quarterly reports; annual audit. 28 (a) Any Metro-East Transit District participant shall, 29 no later than 30 days following the end of each month of any 30 fiscal year, file with the Department on forms provided by 31 the Department for that purpose, a report of the actual SB745 Engrossed -274- LRB9101253EGfg 1 operating deficit experienced during that quarter. The 2 Department shall, upon receipt of the quarterly report, and 3 upon determining that such operating deficits were incurred 4 in conformity with the program of proposed expenditures 5 approved by the Department pursuant to Section 2-11, pay to 6 any Metro-East Transit District participant such portion of 7 such operating deficit as funds have been transferred to the 8 Metro-East Transit Public Transportation Fund and allocated 9 to that Metro-East Transit District participant. 10 (b) Each participant other than any Metro-East Transit 11 District participant shall, 30 days before the end of each 12 quarter, file with the Department on forms provided by the 13 Department for such purposes a report of the projected 14 eligible operating expenses to be incurred in the next 15 quarter and 30 days before the third and fourth quarters of 16 any fiscal year a statement of actual eligible operating 17 expenses incurred in the preceding quarters. Within 45 days 18 of receipt by the Department of such quarterly report, the 19 Comptroller shall order paid and the Treasurer shall pay from 20 the Downstate Public Transportation Fund to each participant 21 an amount equal to one-third of such participant's eligible 22 operating expenses; provided, however, that in Fiscal Year 23 1997, the amount paid to each participant from the Downstate 24 Public Transportation Fund shall be an amount equal to 47% of 25 such participant's eligible operating expenses and shall be 26 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 27 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 28 and thereafter; however, in any year that a participant 29 receives funding under paragraph (9) of Section 49.19 of the 30 Civil Administrative Code of Illinois, that participant shall 31 be eligible only for assistance equal to the following 32 percentage of its eligible operating expenses: 42% in Fiscal 33 Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year 1999, 34 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and SB745 Engrossed -275- LRB9101253EGfg 1 thereafter. Any such payment for the third and fourth 2 quarters of any fiscal year shall be adjusted to reflect 3 actual eligible operating expenses for preceding quarters of 4 such fiscal year. However, no participant shall receive an 5 amount less than that which was received in the immediate 6 prior year, provided in the event of a shortfall in the fund 7 those participants receiving less than their full allocation 8 pursuant to Section 2-66of this Article shall be the first 9 participants to receive an amount not less than that 10 received in the immediate prior year. 11 (c) No later than 180 days following the last day of the 12 Fiscal Year each participant shall provide the Department 13 with an audit prepared by a Certified Public Accountant 14 covering that Fiscal Year. Any discrepancy between the 15 grants paid and one-third of the eligible operating expenses 16 or in the case of the Bi-State Metropolitan Development 17 District the approved program amount shall be reconciled by 18 appropriate payment or credit. Beginning in Fiscal Year 1985, 19 for those participants other than the Bi-State Metropolitan 20 Development District, any discrepancy between the grants paid 21 and the percentage of the eligible operating expenses 22 provided for by paragraph (b) of this Section shall be 23 reconciled by appropriate payment or credit. 24 (Source: P.A. 89-598, eff. 8-1-96; revised 10-31-98.) 25 (30 ILCS 740/3-1.04) (from Ch. 111 2/3, par. 685) 26 Sec. 3-1.04. "Eligible operating expenses" means those 27 expenses required to provide public transportation, including 28 drivers wages and benefits, mechanics wages and benefits, 29 contract maintenance services, materials and supplies 30 directly related to transit and maintenance of vehicles, 31 fuels and lubricants, rentals or leases of vehicles, taxes 32 other than income taxes, payment made for debt service 33 (including principal and interest) on publicly owned SB745 Engrossed -276- LRB9101253EGfg 1 equipment and facilities, and any other expenditure which is 2 an operating expense according to standard accounting 3 practices for the providing of public transportation and 4 which is not defined as an "eligible administrative expense" 5 by Section 3-1.09 of this Article. 6 "Eligible operating expenses" shall not include 7 allowances: (a) for depreciation whether funded or unfunded; 8 (b) for amortization of any intangible costs; (c) for debt 9 service on capital acquired with the assistance of capital 10 grant funds provided by the State of Illinois; (d) for 11 profits or return on investments; (e) for excessive payment 12 to associated entities; (f) for cost reimbursed under 13 SectionsSection6 and 8 of the "Urban Mass Transportation 14 Act of 1964", as amended; (g) for entertainment expenses; (h) 15 for charter expenses; (i) for fines and penalties; (j) for 16 charitable donations; (k) for interest expense on long term 17 borrowing and debt retirement other than on publicly owned 18 equipment or facilities; (l) for income taxes; (m) for 19 expenses defined as "eligible administrative expenses" in 20 Section 3-1.09 of this Article; or (n) for such other 21 expenses as the Department may determine consistent with 22 federal Department of Transportation regulations and 23 requirements. 24 (Source: P.A. 83-1471; revised 10-31-98.) 25 (30 ILCS 740/3-1.09) (from Ch. 111 2/3, par. 689.1) 26 Sec. 3-1.09. "Eligible administrative expenses" means 27 those expenses required to provide public transportation, 28 other than those defined as "eligible operating expenses" in 29 Section 3-1.04 of this Act, including, but not limited to, 30 general, administrative and overhead costs such as salaries 31 of the project director, office personnel such as secretary 32 and bookkeeper, office supplies, facilities, rental, 33 insurance, marketing, and interest on short-term loans for SB745 Engrossed -277- LRB9101253EGfg 1 operating assistance. "Eligible administrative expenses" 2 shall not include allowances: (a) for depreciation whether 3 funded or unfunded; (b) for amortization of any intangible 4 costs; (c) for debt service on capital acquired with the 5 assistance of capital grant funds provided by the State of 6 Illinois; (d) for profits or return on investments; (e) for 7 excessive payment to associated entities; (f) for costs 8 reimbursed under SectionsSection6 and 8 of the "Urban Mass 9 Transportation Act of 1964", as amended; (g) for 10 entertainment expenses; (h) for charter expenses; (i) for 11 fines and penalties; (j) for charitable donations; (k) for 12 interest expense on long term borrowing and debt retirement 13 other than on publicly owned equipment or facilities; (l) for 14 income taxes; (m) for those expenses defined as "eligible 15 operating expenses" under Section 3-1.04 of this Article; or 16 (n)orfor such other expenses as the Department may 17 determine consistent with federal Department of 18 Transportation regulations and requirements. 19 (Source: P.A. 83-1471; revised 10-31-98.) 20 Section 57. The Build Illinois Act is amended by 21 changing Section 3-7 as follows: 22 (30 ILCS 750/3-7) (from Ch. 127, par. 2703-7) 23 Sec. 3-7. Powers and Duties. The Department shall have 24 the following powers and duties: 25 (1) To make grants and loans to, and accept guarantees 26 from, universities, research institutions and businesses for 27 the purposes of this Article. Any loan or series of loans 28 shall be limited to an amount not to exceed $2,500,000 or 50% 29 of the total project cost, whichever is less. 30 (2) To establish such interest rates, terms of repayment 31 and other terms and conditions regarding loans made pursuant 32 to this Act as the Department shall deem necessary or SB745 Engrossed -278- LRB9101253EGfg 1 appropriate to protect the public interest and carry out the 2 purposes of this Article. 3 (3) To accept grants, loans or appropriations from the 4 federal government or any private entity to be used for 5 purposes similar to this program and to enter into contracts 6contactsand agreements in connection with such grants, loans 7 or appropriations. 8 (4) To adopt such rules and regulations as are necessary 9 for the administration of this Article. 10 (Source: P.A. 84-109; revised 10-31-98.) 11 Section 58. The State Mandates Act is amended by setting 12 forth and renumbering multiple versions of Section 8.21 and 13 changing Section 8.22 as follows: 14 (30 ILCS 805/8.21) 15 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6 16 and 8 of this Act, no reimbursement by the State is required 17 for the implementation of any mandate created by Public Act 18 89-705, 89-718, 90-4, 90-7, 90-27, 9-28, 90-31, 90-32, 19 90-186, 90-204, 90-258, 90-288, 90-350, 90-448, 90-460, 20 90-497, 90-511, 90-524, 90-531, 90-535, or 90-551. 21 (Source: P.A. 89-683, eff. 6-1-97 (repealed by P.A. 90-6, 22 eff. 6-3-97); 89-705, eff. 1-31-97; 89-718, eff. 3-7-97; 23 90-4, eff. 3-7-97; 90-7, eff. 6-10-97; 90-27, eff. 1-1-98; 24 90-31, eff. 6-27-97; 90-32, eff. 6-27-97; 90-186, eff. 25 7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288, 26 eff. 8-1-97; 90-350, eff, 1-1-98; 90-448, eff. 8-16-97; 27 90-460, eff. 8-17-97; 90-497, eff. 8-18-97; 90-511, eff. 28 8-22-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98; 90-535, 29 eff. 11-14-97; 90-551, eff. 12-12-97; 90-655, eff. 7-30-98.) 30 (30 ILCS 805/8.22) 31 Sec. 8.22.8.21.Exempt mandate. Notwithstanding SB745 Engrossed -279- LRB9101253EGfg 1 Sections 6 and 8 of this Act, no reimbursement by the State 2 is required for the implementation of any mandate created by 3 Public Act 90-525, 90-568, 90-576, 90-582, 90-679, 90-737, 4 90-741, or 90-766this amendatory Act of 1998 1997. 5 (Source: P.A. 90-568, eff. 1-1-99; 90-576, eff. 3-31-98; 6 90-582, eff. 5-27-98; 90-679, eff. 7-31-98; 90-737, eff. 7 1-1-99; 90-741, eff. 1-1-99; 90-766, eff. 8-14-98; 90-807, 8 eff. 12-2-98; revised 9-23-98.) 9 Section 59. The Illinois Income Tax Act is amended by 10 changing Sections 201, 203, 204, and 509 as follows: 11 (35 ILCS 5/201) (from Ch. 120, par. 2-201) 12 Sec. 201. Tax Imposed. 13 (a) In general. A tax measured by net income is hereby 14 imposed on every individual, corporation, trust and estate 15 for each taxable year ending after July 31, 1969 on the 16 privilege of earning or receiving income in or as a resident 17 of this State. Such tax shall be in addition to all other 18 occupation or privilege taxes imposed by this State or by any 19 municipal corporation or political subdivision thereof. 20 (b) Rates. The tax imposed by subsection (a) of this 21 Section shall be determined as follows: 22 (1) In the case of an individual, trust or estate, 23 for taxable years ending prior to July 1, 1989, an amount 24 equal to 2 1/2% of the taxpayer's net income for the 25 taxable year. 26 (2) In the case of an individual, trust or estate, 27 for taxable years beginning prior to July 1, 1989 and 28 ending after June 30, 1989, an amount equal to the sum of 29 (i) 2 1/2% of the taxpayer's net income for the period 30 prior to July 1, 1989, as calculated under Section 202.3, 31 and (ii) 3% of the taxpayer's net income for the period 32 after June 30, 1989, as calculated under Section 202.3. SB745 Engrossed -280- LRB9101253EGfg 1 (3) In the case of an individual, trust or estate, 2 for taxable years beginning after June 30, 1989, an 3 amount equal to 3% of the taxpayer's net income for the 4 taxable year. 5 (4) (Blank). 6 (5) (Blank). 7 (6) In the case of a corporation, for taxable years 8 ending prior to July 1, 1989, an amount equal to 4% of 9 the taxpayer's net income for the taxable year. 10 (7) In the case of a corporation, for taxable years 11 beginning prior to July 1, 1989 and ending after June 30, 12 1989, an amount equal to the sum of (i) 4% of the 13 taxpayer's net income for the period prior to July 1, 14 1989, as calculated under Section 202.3, and (ii) 4.8% of 15 the taxpayer's net income for the period after June 30, 16 1989, as calculated under Section 202.3. 17 (8) In the case of a corporation, for taxable years 18 beginning after June 30, 1989, an amount equal to 4.8% of 19 the taxpayer's net income for the taxable year. 20 (c) Beginning on July 1, 1979 and thereafter, in 21 addition to such income tax, there is also hereby imposed the 22 Personal Property Tax Replacement Income Tax measured by net 23 income on every corporation (including Subchapter S 24 corporations), partnership and trust, for each taxable year 25 ending after June 30, 1979. Such taxes are imposed on the 26 privilege of earning or receiving income in or as a resident 27 of this State. The Personal Property Tax Replacement Income 28 Tax shall be in addition to the income tax imposed by 29 subsections (a) and (b) of this Section and in addition to 30 all other occupation or privilege taxes imposed by this State 31 or by any municipal corporation or political subdivision 32 thereof. 33 (d) Additional Personal Property Tax Replacement Income 34 Tax Rates. The personal property tax replacement income tax SB745 Engrossed -281- LRB9101253EGfg 1 imposed by this subsection and subsection (c) of this Section 2 in the case of a corporation, other than a Subchapter S 3 corporation, shall be an additional amount equal to 2.85% of 4 such taxpayer's net income for the taxable year, except that 5 beginning on January 1, 1981, and thereafter, the rate of 6 2.85% specified in this subsection shall be reduced to 2.5%, 7 and in the case of a partnership, trust or a Subchapter S 8 corporation shall be an additional amount equal to 1.5% of 9 such taxpayer's net income for the taxable year. 10 (e) Investment credit. A taxpayer shall be allowed a 11 credit against the Personal Property Tax Replacement Income 12 Tax for investment in qualified property. 13 (1) A taxpayer shall be allowed a credit equal to 14 .5% of the basis of qualified property placed in service 15 during the taxable year, provided such property is placed 16 in service on or after July 1, 1984. There shall be 17 allowed an additional credit equal to .5% of the basis of 18 qualified property placed in service during the taxable 19 year, provided such property is placed in service on or 20 after July 1, 1986, and the taxpayer's base employment 21 within Illinois has increased by 1% or more over the 22 preceding year as determined by the taxpayer's employment 23 records filed with the Illinois Department of Employment 24 Security. Taxpayers who are new to Illinois shall be 25 deemed to have met the 1% growth in base employment for 26 the first year in which they file employment records with 27 the Illinois Department of Employment Security. The 28 provisions added to this Section by Public Act 85-1200 29 (and restored by Public Act 87-895) shall be construed as 30 declaratory of existing law and not as a new enactment. 31 If, in any year, the increase in base employment within 32 Illinois over the preceding year is less than 1%, the 33 additional credit shall be limited to that percentage 34 times a fraction, the numerator of which is .5% and the SB745 Engrossed -282- LRB9101253EGfg 1 denominator of which is 1%, but shall not exceed .5%. 2 The investment credit shall not be allowed to the extent 3 that it would reduce a taxpayer's liability in any tax 4 year below zero, nor may any credit for qualified 5 property be allowed for any year other than the year in 6 which the property was placed in service in Illinois. For 7 tax years ending on or after December 31, 1987, and on or 8 before December 31, 1988, the credit shall be allowed for 9 the tax year in which the property is placed in service, 10 or, if the amount of the credit exceeds the tax liability 11 for that year, whether it exceeds the original liability 12 or the liability as later amended, such excess may be 13 carried forward and applied to the tax liability of the 5 14 taxable years following the excess credit years if the 15 taxpayer (i) makes investments which cause the creation 16 of a minimum of 2,000 full-time equivalent jobs in 17 Illinois, (ii) is located in an enterprise zone 18 established pursuant to the Illinois Enterprise Zone Act 19 and (iii) is certified by the Department of Commerce and 20 Community Affairs as complying with the requirements 21 specified in clause (i) and (ii) by July 1, 1986. The 22 Department of Commerce and Community Affairs shall notify 23 the Department of Revenue of all such certifications 24 immediately. For tax years ending after December 31, 25 1988, the credit shall be allowed for the tax year in 26 which the property is placed in service, or, if the 27 amount of the credit exceeds the tax liability for that 28 year, whether it exceeds the original liability or the 29 liability as later amended, such excess may be carried 30 forward and applied to the tax liability of the 5 taxable 31 years following the excess credit years. The credit shall 32 be applied to the earliest year for which there is a 33 liability. If there is credit from more than one tax year 34 that is available to offset a liability, earlier credit SB745 Engrossed -283- LRB9101253EGfg 1 shall be applied first. 2 (2) The term "qualified property" means property 3 which: 4 (A) is tangible, whether new or used, 5 including buildings and structural components of 6 buildings and signs that are real property, but not 7 including land or improvements to real property that 8 are not a structural component of a building such as 9 landscaping, sewer lines, local access roads, 10 fencing, parking lots, and other appurtenances; 11 (B) is depreciable pursuant to Section 167 of 12 the Internal Revenue Code, except that "3-year 13 property" as defined in Section 168(c)(2)(A) of that 14 Code is not eligible for the credit provided by this 15 subsection (e); 16 (C) is acquired by purchase as defined in 17 Section 179(d) of the Internal Revenue Code; 18 (D) is used in Illinois by a taxpayer who is 19 primarily engaged in manufacturing, or in mining 20 coal or fluorite, or in retailing; and 21 (E) has not previously been used in Illinois 22 in such a manner and by such a person as would 23 qualify for the credit provided by this subsection 24 (e) or subsection (f). 25 (3) For purposes of this subsection (e), 26 "manufacturing" means the material staging and production 27 of tangible personal property by procedures commonly 28 regarded as manufacturing, processing, fabrication, or 29 assembling which changes some existing material into new 30 shapes, new qualities, or new combinations. For purposes 31 of this subsection (e) the term "mining" shall have the 32 same meaning as the term "mining" in Section 613(c) of 33 the Internal Revenue Code. For purposes of this 34 subsection (e), the term "retailing" means the sale of SB745 Engrossed -284- LRB9101253EGfg 1 tangible personal property or services rendered in 2 conjunction with the sale of tangible consumer goods or 3 commodities. 4 (4) The basis of qualified property shall be the 5 basis used to compute the depreciation deduction for 6 federal income tax purposes. 7 (5) If the basis of the property for federal income 8 tax depreciation purposes is increased after it has been 9 placed in service in Illinois by the taxpayer, the amount 10 of such increase shall be deemed property placed in 11 service on the date of such increase in basis. 12 (6) The term "placed in service" shall have the 13 same meaning as under Section 46 of the Internal Revenue 14 Code. 15 (7) If during any taxable year, any property ceases 16 to be qualified property in the hands of the taxpayer 17 within 48 months after being placed in service, or the 18 situs of any qualified property is moved outside Illinois 19 within 48 months after being placed in service, the 20 Personal Property Tax Replacement Income Tax for such 21 taxable year shall be increased. Such increase shall be 22 determined by (i) recomputing the investment credit which 23 would have been allowed for the year in which credit for 24 such property was originally allowed by eliminating such 25 property from such computation and, (ii) subtracting such 26 recomputed credit from the amount of credit previously 27 allowed. For the purposes of this paragraph (7), a 28 reduction of the basis of qualified property resulting 29 from a redetermination of the purchase price shall be 30 deemed a disposition of qualified property to the extent 31 of such reduction. 32 (8) Unless the investment credit is extended by 33 law, the basis of qualified property shall not include 34 costs incurred after December 31, 2003, except for costs SB745 Engrossed -285- LRB9101253EGfg 1 incurred pursuant to a binding contract entered into on 2 or before December 31, 2003. 3 (9) Each taxable year, a partnership may elect to 4 pass through to its partners the credits to which the 5 partnership is entitled under this subsection (e) for the 6 taxable year. A partner may use the credit allocated to 7 him or her under this paragraph only against the tax 8 imposed in subsections (c) and (d) of this Section. If 9 the partnership makes that election, those credits shall 10 be allocated among the partners in the partnership in 11 accordance with the rules set forth in Section 704(b) of 12 the Internal Revenue Code, and the rules promulgated 13 under that Section, and the allocated amount of the 14 credits shall be allowed to the partners for that taxable 15 year. The partnership shall make this election on its 16 Personal Property Tax Replacement Income Tax return for 17 that taxable year. The election to pass through the 18 credits shall be irrevocable. 19 (f) Investment credit; Enterprise Zone. 20 (1) A taxpayer shall be allowed a credit against 21 the tax imposed by subsections (a) and (b) of this 22 Section for investment in qualified property which is 23 placed in service in an Enterprise Zone created pursuant 24 to the Illinois Enterprise Zone Act. For partners and for 25 shareholders of Subchapter S corporations, there shall be 26 allowed a credit under this subsection (f) to be 27 determined in accordance with the determination of income 28 and distributive share of income under Sections 702 and 29 704 and Subchapter S of the Internal Revenue Code. The 30 credit shall be .5% of the basis for such property. The 31 credit shall be available only in the taxable year in 32 which the property is placed in service in the Enterprise 33 Zone and shall not be allowed to the extent that it would 34 reduce a taxpayer's liability for the tax imposed by SB745 Engrossed -286- LRB9101253EGfg 1 subsections (a) and (b) of this Section to below zero. 2 For tax years ending on or after December 31, 1985, the 3 credit shall be allowed for the tax year in which the 4 property is placed in service, or, if the amount of the 5 credit exceeds the tax liability for that year, whether 6 it exceeds the original liability or the liability as 7 later amended, such excess may be carried forward and 8 applied to the tax liability of the 5 taxable years 9 following the excess credit year. The credit shall be 10 applied to the earliest year for which there is a 11 liability. If there is credit from more than one tax year 12 that is available to offset a liability, the credit 13 accruing first in time shall be applied first. 14 (2) The term qualified property means property 15 which: 16 (A) is tangible, whether new or used, 17 including buildings and structural components of 18 buildings; 19 (B) is depreciable pursuant to Section 167 of 20 the Internal Revenue Code, except that "3-year 21 property" as defined in Section 168(c)(2)(A) of that 22 Code is not eligible for the credit provided by this 23 subsection (f); 24 (C) is acquired by purchase as defined in 25 Section 179(d) of the Internal Revenue Code; 26 (D) is used in the Enterprise Zone by the 27 taxpayer; and 28 (E) has not been previously used in Illinois 29 in such a manner and by such a person as would 30 qualify for the credit provided by this subsection 31 (f) or subsection (e). 32 (3) The basis of qualified property shall be the 33 basis used to compute the depreciation deduction for 34 federal income tax purposes. SB745 Engrossed -287- LRB9101253EGfg 1 (4) If the basis of the property for federal income 2 tax depreciation purposes is increased after it has been 3 placed in service in the Enterprise Zone by the taxpayer, 4 the amount of such increase shall be deemed property 5 placed in service on the date of such increase in basis. 6 (5) The term "placed in service" shall have the 7 same meaning as under Section 46 of the Internal Revenue 8 Code. 9 (6) If during any taxable year, any property ceases 10 to be qualified property in the hands of the taxpayer 11 within 48 months after being placed in service, or the 12 situs of any qualified property is moved outside the 13 Enterprise Zone within 48 months after being placed in 14 service, the tax imposed under subsections (a) and (b) of 15 this Section for such taxable year shall be increased. 16 Such increase shall be determined by (i) recomputing the 17 investment credit which would have been allowed for the 18 year in which credit for such property was originally 19 allowed by eliminating such property from such 20 computation, and (ii) subtracting such recomputed credit 21 from the amount of credit previously allowed. For the 22 purposes of this paragraph (6), a reduction of the basis 23 of qualified property resulting from a redetermination of 24 the purchase price shall be deemed a disposition of 25 qualified property to the extent of such reduction. 26 (g) Jobs Tax Credit; Enterprise Zone and Foreign 27 Trade Zone or Sub-Zone. 28 (1) A taxpayer conducting a trade or business in an 29 enterprise zone or a High Impact Business designated by 30 the Department of Commerce and Community Affairs 31 conducting a trade or business in a federally designated 32 Foreign Trade Zone or Sub-Zone shall be allowed a credit 33 against the tax imposed by subsections (a) and (b) of 34 this Section in the amount of $500 per eligible employee SB745 Engrossed -288- LRB9101253EGfg 1 hired to work in the zone during the taxable year. 2 (2) To qualify for the credit: 3 (A) the taxpayer must hire 5 or more eligible 4 employees to work in an enterprise zone or federally 5 designated Foreign Trade Zone or Sub-Zone during the 6 taxable year; 7 (B) the taxpayer's total employment within the 8 enterprise zone or federally designated Foreign 9 Trade Zone or Sub-Zone must increase by 5 or more 10 full-time employees beyond the total employed in 11 that zone at the end of the previous tax year for 12 which a jobs tax credit under this Section was 13 taken, or beyond the total employed by the taxpayer 14 as of December 31, 1985, whichever is later; and 15 (C) the eligible employees must be employed 16 180 consecutive days in order to be deemed hired for 17 purposes of this subsection. 18 (3) An "eligible employee" means an employee who 19 is: 20 (A) Certified by the Department of Commerce 21 and Community Affairs as "eligible for services" 22 pursuant to regulations promulgated in accordance 23 with Title II of the Job Training Partnership Act, 24 Training Services for the Disadvantaged or Title III 25 of the Job Training Partnership Act, Employment and 26 Training Assistance for Dislocated Workers Program. 27 (B) Hired after the enterprise zone or 28 federally designated Foreign Trade Zone or Sub-Zone 29 was designated or the trade or business was located 30 in that zone, whichever is later. 31 (C) Employed in the enterprise zone or Foreign 32 Trade Zone or Sub-Zone. An employee is employed in 33 an enterprise zone or federally designated Foreign 34 Trade Zone or Sub-Zone if his services are rendered SB745 Engrossed -289- LRB9101253EGfg 1 there or it is the base of operations for the 2 services performed. 3 (D) A full-time employee working 30 or more 4 hours per week. 5 (4) For tax years ending on or after December 31, 6 1985 and prior to December 31, 1988, the credit shall be 7 allowed for the tax year in which the eligible employees 8 are hired. For tax years ending on or after December 31, 9 1988, the credit shall be allowed for the tax year 10 immediately following the tax year in which the eligible 11 employees are hired. If the amount of the credit exceeds 12 the tax liability for that year, whether it exceeds the 13 original liability or the liability as later amended, 14 such excess may be carried forward and applied to the tax 15 liability of the 5 taxable years following the excess 16 credit year. The credit shall be applied to the earliest 17 year for which there is a liability. If there is credit 18 from more than one tax year that is available to offset a 19 liability, earlier credit shall be applied first. 20 (5) The Department of Revenue shall promulgate such 21 rules and regulations as may be deemed necessary to carry 22 out the purposes of this subsection (g). 23 (6) The credit shall be available for eligible 24 employees hired on or after January 1, 1986. 25 (h) Investment credit; High Impact Business. 26 (1) Subject to subsection (b) of Section 5.5 of the 27 Illinois Enterprise Zone Act, a taxpayer shall be allowed 28 a credit against the tax imposed by subsections (a) and 29 (b) of this Section for investment in qualified property 30 which is placed in service by a Department of Commerce 31 and Community Affairs designated High Impact Business. 32 The credit shall be .5% of the basis for such property. 33 The credit shall not be available until the minimum 34 investments in qualified property set forth in Section SB745 Engrossed -290- LRB9101253EGfg 1 5.5 of the Illinois Enterprise Zone Act have been 2 satisfied and shall not be allowed to the extent that it 3 would reduce a taxpayer's liability for the tax imposed 4 by subsections (a) and (b) of this Section to below zero. 5 The credit applicable to such minimum investments shall 6 be taken in the taxable year in which such minimum 7 investments have been completed. The credit for 8 additional investments beyond the minimum investment by a 9 designated high impact business shall be available only 10 in the taxable year in which the property is placed in 11 service and shall not be allowed to the extent that it 12 would reduce a taxpayer's liability for the tax imposed 13 by subsections (a) and (b) of this Section to below zero. 14 For tax years ending on or after December 31, 1987, the 15 credit shall be allowed for the tax year in which the 16 property is placed in service, or, if the amount of the 17 credit exceeds the tax liability for that year, whether 18 it exceeds the original liability or the liability as 19 later amended, such excess may be carried forward and 20 applied to the tax liability of the 5 taxable years 21 following the excess credit year. The credit shall be 22 applied to the earliest year for which there is a 23 liability. If there is credit from more than one tax 24 year that is available to offset a liability, the credit 25 accruing first in time shall be applied first. 26 Changes made in this subdivision (h)(1) by Public 27 Act 88-670 restore changes made by Public Act 85-1182 and 28 reflect existing law. 29 (2) The term qualified property means property 30 which: 31 (A) is tangible, whether new or used, 32 including buildings and structural components of 33 buildings; 34 (B) is depreciable pursuant to Section 167 of SB745 Engrossed -291- LRB9101253EGfg 1 the Internal Revenue Code, except that "3-year 2 property" as defined in Section 168(c)(2)(A) of that 3 Code is not eligible for the credit provided by this 4 subsection (h); 5 (C) is acquired by purchase as defined in 6 Section 179(d) of the Internal Revenue Code; and 7 (D) is not eligible for the Enterprise Zone 8 Investment Credit provided by subsection (f) of this 9 Section. 10 (3) The basis of qualified property shall be the 11 basis used to compute the depreciation deduction for 12 federal income tax purposes. 13 (4) If the basis of the property for federal income 14 tax depreciation purposes is increased after it has been 15 placed in service in a federally designated Foreign Trade 16 Zone or Sub-Zone located in Illinois by the taxpayer, the 17 amount of such increase shall be deemed property placed 18 in service on the date of such increase in basis. 19 (5) The term "placed in service" shall have the 20 same meaning as under Section 46 of the Internal Revenue 21 Code. 22 (6) If during any taxable year ending on or before 23 December 31, 1996, any property ceases to be qualified 24 property in the hands of the taxpayer within 48 months 25 after being placed in service, or the situs of any 26 qualified property is moved outside Illinois within 48 27 months after being placed in service, the tax imposed 28 under subsections (a) and (b) of this Section for such 29 taxable year shall be increased. Such increase shall be 30 determined by (i) recomputing the investment credit which 31 would have been allowed for the year in which credit for 32 such property was originally allowed by eliminating such 33 property from such computation, and (ii) subtracting such 34 recomputed credit from the amount of credit previously SB745 Engrossed -292- LRB9101253EGfg 1 allowed. For the purposes of this paragraph (6), a 2 reduction of the basis of qualified property resulting 3 from a redetermination of the purchase price shall be 4 deemed a disposition of qualified property to the extent 5 of such reduction. 6 (7) Beginning with tax years ending after December 7 31, 1996, if a taxpayer qualifies for the credit under 8 this subsection (h) and thereby is granted a tax 9 abatement and the taxpayer relocates its entire facility 10 in violation of the explicit terms and length of the 11 contract under Section 18-183 of the Property Tax Code, 12 the tax imposed under subsections (a) and (b) of this 13 Section shall be increased for the taxable year in which 14 the taxpayer relocated its facility by an amount equal to 15 the amount of credit received by the taxpayer under this 16 subsection (h). 17 (i) A credit shall be allowed against the tax imposed by 18 subsections (a) and (b) of this Section for the tax imposed 19 by subsections (c) and (d) of this Section. This credit 20 shall be computed by multiplying the tax imposed by 21 subsections (c) and (d) of this Section by a fraction, the 22 numerator of which is base income allocable to Illinois and 23 the denominator of which is Illinois base income, and further 24 multiplying the product by the tax rate imposed by 25 subsections (a) and (b) of this Section. 26 Any credit earned on or after December 31, 1986 under 27 this subsection which is unused in the year the credit is 28 computed because it exceeds the tax liability imposed by 29 subsections (a) and (b) for that year (whether it exceeds the 30 original liability or the liability as later amended) may be 31 carried forward and applied to the tax liability imposed by 32 subsections (a) and (b) of the 5 taxable years following the 33 excess credit year. This credit shall be applied first to 34 the earliest year for which there is a liability. If there SB745 Engrossed -293- LRB9101253EGfg 1 is a credit under this subsection from more than one tax year 2 that is available to offset a liability the earliest credit 3 arising under this subsection shall be applied first. 4 If, during any taxable year ending on or after December 5 31, 1986, the tax imposed by subsections (c) and (d) of this 6 Section for which a taxpayer has claimed a credit under this 7 subsection (i) is reduced, the amount of credit for such tax 8 shall also be reduced. Such reduction shall be determined by 9 recomputing the credit to take into account the reduced tax 10 imposed by subsection (c) and (d). If any portion of the 11 reduced amount of credit has been carried to a different 12 taxable year, an amended return shall be filed for such 13 taxable year to reduce the amount of credit claimed. 14 (j) Training expense credit. Beginning with tax years 15 ending on or after December 31, 1986, a taxpayer shall be 16 allowed a credit against the tax imposed by subsection (a) 17 and (b) under this Section for all amounts paid or accrued, 18 on behalf of all persons employed by the taxpayer in Illinois 19 or Illinois residents employed outside of Illinois by a 20 taxpayer, for educational or vocational training in 21 semi-technical or technical fields or semi-skilled or skilled 22 fields, which were deducted from gross income in the 23 computation of taxable income. The credit against the tax 24 imposed by subsections (a) and (b) shall be 1.6% of such 25 training expenses. For partners and for shareholders of 26 subchapter S corporations, there shall be allowed a credit 27 under this subsection (j) to be determined in accordance with 28 the determination of income and distributive share of income 29 under Sections 702 and 704 and subchapter S of the Internal 30 Revenue Code. 31 Any credit allowed under this subsection which is unused 32 in the year the credit is earned may be carried forward to 33 each of the 5 taxable years following the year for which the 34 credit is first computed until it is used. This credit shall SB745 Engrossed -294- LRB9101253EGfg 1 be applied first to the earliest year for which there is a 2 liability. If there is a credit under this subsection from 3 more than one tax year that is available to offset a 4 liability the earliest credit arising under this subsection 5 shall be applied first. 6 (k) Research and development credit. 7 Beginning with tax years ending after July 1, 1990, a 8 taxpayer shall be allowed a credit against the tax imposed by 9 subsections (a) and (b) of this Section for increasing 10 research activities in this State. The credit allowed 11 against the tax imposed by subsections (a) and (b) shall be 12 equal to 6 1/2% of the qualifying expenditures for increasing 13 research activities in this State. 14 For purposes of this subsection, "qualifying 15 expenditures" means the qualifying expenditures as defined 16 for the federal credit for increasing research activities 17 which would be allowable under Section 41 of the Internal 18 Revenue Code and which are conducted in this State, 19 "qualifying expenditures for increasing research activities 20 in this State" means the excess of qualifying expenditures 21 for the taxable year in which incurred over qualifying 22 expenditures for the base period, "qualifying expenditures 23 for the base period" means the average of the qualifying 24 expenditures for each year in the base period, and "base 25 period" means the 3 taxable years immediately preceding the 26 taxable year for which the determination is being made. 27 Any credit in excess of the tax liability for the taxable 28 year may be carried forward. A taxpayer may elect to have the 29 unused credit shown on its final completed return carried 30 over as a credit against the tax liability for the following 31 5 taxable years or until it has been fully used, whichever 32 occurs first. 33 If an unused credit is carried forward to a given year 34 from 2 or more earlier years, that credit arising in the SB745 Engrossed -295- LRB9101253EGfg 1 earliest year will be applied first against the tax liability 2 for the given year. If a tax liability for the given year 3 still remains, the credit from the next earliest year will 4 then be applied, and so on, until all credits have been used 5 or no tax liability for the given year remains. Any 6 remaining unused credit or credits then will be carried 7 forward to the next following year in which a tax liability 8 is incurred, except that no credit can be carried forward to 9 a year which is more than 5 years after the year in which the 10 expense for which the credit is given was incurred. 11 Unless extended by law, the credit shall not include 12 costs incurred after December 31, 2004, except for costs 13 incurred pursuant to a binding contract entered into on or 14 before December 31, 2004. 15 (l) Environmental Remediation Tax Credit. 16 (i) For tax years ending after December 31, 1997 17 and on or before December 31, 2001, a taxpayer shall be 18 allowed a credit against the tax imposed by subsections 19 (a) and (b) of this Section for certain amounts paid for 20 unreimbursed eligible remediation costs, as specified in 21 this subsection. For purposes of this Section, 22 "unreimbursed eligible remediation costs" means costs 23 approved by the Illinois Environmental Protection Agency 24 ("Agency") under Section 58.14 of the Environmental 25 Protection Act that were paid in performing environmental 26 remediation at a site for which a No Further Remediation 27 Letter was issued by the Agency and recorded under 28 Section 58.10 of the Environmental Protection Act. The 29 credit must be claimed for the taxable year in which 30 Agency approval of the eligible remediation costs is 31 granted. The credit is not available to any taxpayer if 32 the taxpayer or any related party caused or contributed 33 to, in any material respect, a release of regulated 34 substances on, in, or under the site that was identified SB745 Engrossed -296- LRB9101253EGfg 1 and addressed by the remedial action pursuant to the Site 2 Remediation Program of the Environmental Protection Act. 3 After the Pollution Control Board rules are adopted 4 pursuant to the Illinois Administrative Procedure Act for 5 the administration and enforcement of Section 58.9 of the 6 Environmental Protection Act, determinations as to credit 7 availability for purposes of this Section shall be made 8 consistent with those rules. For purposes of this 9 Section, "taxpayer" includes a person whose tax 10 attributes the taxpayer has succeeded to under Section 11 381 of the Internal Revenue Code and "related party" 12 includes the persons disallowed a deduction for losses by 13 paragraphs (b), (c), and (f)(1) of Section 267 of the 14 Internal Revenue Code by virtue of being a related 15 taxpayer, as well as any of its partners. The credit 16 allowed against the tax imposed by subsections (a) and 17 (b) shall be equal to 25% of the unreimbursed eligible 18 remediation costs in excess of $100,000 per site, except 19 that the $100,000 threshold shall not apply to any site 20 contained in an enterprise zone as determined by the 21 Department of Commerce and Community Affairs. The total 22 credit allowed shall not exceed $40,000 per year with a 23 maximum total of $150,000 per site. For partners and 24 shareholders of subchapter S corporations, there shall be 25 allowed a credit under this subsection to be determined 26 in accordance with the determination of income and 27 distributive share of income under Sections 702 and 704 28 of subchapter S of the Internal Revenue Code. 29 (ii) A credit allowed under this subsection that is 30 unused in the year the credit is earned may be carried 31 forward to each of the 5 taxable years following the year 32 for which the credit is first earned until it is used. 33 The term "unused credit" does not include any amounts of 34 unreimbursed eligible remediation costs in excess of the SB745 Engrossed -297- LRB9101253EGfg 1 maximum credit per site authorized under paragraph (i). 2 This credit shall be applied first to the earliest year 3 for which there is a liability. If there is a credit 4 under this subsection from more than one tax year that is 5 available to offset a liability, the earliest credit 6 arising under this subsection shall be applied first. A 7 credit allowed under this subsection may be sold to a 8 buyer as part of a sale of all or part of the remediation 9 site for which the credit was granted. The purchaser of 10 a remediation site and the tax credit shall succeed to 11 the unused credit and remaining carry-forward period of 12 the seller. To perfect the transfer, the assignor shall 13 record the transfer in the chain of title for the site 14 and provide written notice to the Director of the 15 Illinois Department of Revenue of the assignor's intent 16 to sell the remediation site and the amount of the tax 17 credit to be transferred as a portion of the sale. In no 18 event may a credit be transferred to any taxpayer if the 19 taxpayer or a related party would not be eligible under 20 the provisions of subsection (i). 21 (iii) For purposes of this Section, the term "site" 22 shall have the same meaning as under Section 58.2 of the 23 Environmental Protection Act. 24 (Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96; 25 89-591, eff. 8-1-96; 90-123, eff. 7-21-97; 90-458, eff. 26 8-17-97; 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, 27 eff. 8-7-98; 90-792, eff. 1-1-99; revised 9-16-98.) 28 (35 ILCS 5/203) (from Ch. 120, par. 2-203) 29 Sec. 203. Base income defined. 30 (a) Individuals. 31 (1) In general. In the case of an individual, base 32 income means an amount equal to the taxpayer's adjusted 33 gross income for the taxable year as modified by SB745 Engrossed -298- LRB9101253EGfg 1 paragraph (2). 2 (2) Modifications. The adjusted gross income 3 referred to in paragraph (1) shall be modified by adding 4 thereto the sum of the following amounts: 5 (A) An amount equal to all amounts paid or 6 accrued to the taxpayer as interest or dividends 7 during the taxable year to the extent excluded from 8 gross income in the computation of adjusted gross 9 income, except stock dividends of qualified public 10 utilities described in Section 305(e) of the 11 Internal Revenue Code; 12 (B) An amount equal to the amount of tax 13 imposed by this Act to the extent deducted from 14 gross income in the computation of adjusted gross 15 income for the taxable year; 16 (C) An amount equal to the amount received 17 during the taxable year as a recovery or refund of 18 real property taxes paid with respect to the 19 taxpayer's principal residence under the Revenue Act 20 of 1939 and for which a deduction was previously 21 taken under subparagraph (L) of this paragraph (2) 22 prior to July 1, 1991, the retrospective application 23 date of Article 4 of Public Act 87-17. In the case 24 of multi-unit or multi-use structures and farm 25 dwellings, the taxes on the taxpayer's principal 26 residence shall be that portion of the total taxes 27 for the entire property which is attributable to 28 such principal residence; 29 (D) An amount equal to the amount of the 30 capital gain deduction allowable under the Internal 31 Revenue Code, to the extent deducted from gross 32 income in the computation of adjusted gross income; 33 (D-5) An amount, to the extent not included in 34 adjusted gross income, equal to the amount of money SB745 Engrossed -299- LRB9101253EGfg 1 withdrawn by the taxpayer in the taxable year from a 2 medical care savings account and the interest earned 3 on the account in the taxable year of a withdrawal 4 pursuant to subsection (b) of Section 20 of the 5 Medical Care Savings Account Act; and 6 (D-10) For taxable years ending after December 7 31, 1997, an amount equal to any eligible 8 remediation costs that the individual deducted in 9 computing adjusted gross income and for which the 10 individual claims a credit under subsection (l) of 11 Section 201; 12 and by deducting from the total so obtained the sum of 13 the following amounts: 14 (E) Any amount included in such total in 15 respect of any compensation (including but not 16 limited to any compensation paid or accrued to a 17 serviceman while a prisoner of war or missing in 18 action) paid to a resident by reason of being on 19 active duty in the Armed Forces of the United States 20 and in respect of any compensation paid or accrued 21 to a resident who as a governmental employee was a 22 prisoner of war or missing in action, and in respect 23 of any compensation paid to a resident in 1971 or 24 thereafter for annual training performed pursuant to 25 Sections 502 and 503, Title 32, United States Code 26 as a member of the Illinois National Guard; 27 (F) An amount equal to all amounts included in 28 such total pursuant to the provisions of Sections 29 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and 30 408 of the Internal Revenue Code, or included in 31 such total as distributions under the provisions of 32 any retirement or disability plan for employees of 33 any governmental agency or unit, or retirement 34 payments to retired partners, which payments are SB745 Engrossed -300- LRB9101253EGfg 1 excluded in computing net earnings from self 2 employment by Section 1402 of the Internal Revenue 3 Code and regulations adopted pursuant thereto; 4 (G) The valuation limitation amount; 5 (H) An amount equal to the amount of any tax 6 imposed by this Act which was refunded to the 7 taxpayer and included in such total for the taxable 8 year; 9 (I) An amount equal to all amounts included in 10 such total pursuant to the provisions of Section 111 11 of the Internal Revenue Code as a recovery of items 12 previously deducted from adjusted gross income in 13 the computation of taxable income; 14 (J) An amount equal to those dividends 15 included in such total which were paid by a 16 corporation which conducts business operations in an 17 Enterprise Zone or zones created under the Illinois 18 Enterprise Zone Act, and conducts substantially all 19 of its operations in an Enterprise Zone or zones; 20 (K) An amount equal to those dividends 21 included in such total that were paid by a 22 corporation that conducts business operations in a 23 federally designated Foreign Trade Zone or Sub-Zone 24 and that is designated a High Impact Business 25 located in Illinois; provided that dividends 26 eligible for the deduction provided in subparagraph 27 (J) of paragraph (2) of this subsection shall not be 28 eligible for the deduction provided under this 29 subparagraph (K); 30 (L) For taxable years ending after December 31 31, 1983, an amount equal to all social security 32 benefits and railroad retirement benefits included 33 in such total pursuant to Sections 72(r) and 86 of 34 the Internal Revenue Code; SB745 Engrossed -301- LRB9101253EGfg 1 (M) With the exception of any amounts 2 subtracted under subparagraph (N), an amount equal 3 to the sum of all amounts disallowed as deductions 4 by Sections 171(a) (2), and 265(2) of the Internal 5 Revenue Code of 1954, as now or hereafter amended, 6 and all amounts of expenses allocable to interest 7 and disallowed as deductions by Section 265(1) of 8 the Internal Revenue Code of 1954, as now or 9 hereafter amended; 10 (N) An amount equal to all amounts included in 11 such total which are exempt from taxation by this 12 State either by reason of its statutes or 13 Constitution or by reason of the Constitution, 14 treaties or statutes of the United States; provided 15 that, in the case of any statute of this State that 16 exempts income derived from bonds or other 17 obligations from the tax imposed under this Act, the 18 amount exempted shall be the interest net of bond 19 premium amortization; 20 (O) An amount equal to any contribution made 21 to a job training project established pursuant to 22 the Tax Increment Allocation Redevelopment Act; 23 (P) An amount equal to the amount of the 24 deduction used to compute the federal income tax 25 credit for restoration of substantial amounts held 26 under claim of right for the taxable year pursuant 27 to Section 1341 of the Internal Revenue Code of 28 1986; 29 (Q) An amount equal to any amounts included in 30 such total, received by the taxpayer as an 31 acceleration in the payment of life, endowment or 32 annuity benefits in advance of the time they would 33 otherwise be payable as an indemnity for a terminal 34 illness; SB745 Engrossed -302- LRB9101253EGfg 1 (R) An amount equal to the amount of any 2 federal or State bonus paid to veterans of the 3 Persian Gulf War; 4 (S) An amount, to the extent included in 5 adjusted gross income, equal to the amount of a 6 contribution made in the taxable year on behalf of 7 the taxpayer to a medical care savings account 8 established under the Medical Care Savings Account 9 Act to the extent the contribution is accepted by 10 the account administrator as provided in that Act; 11 (T) An amount, to the extent included in 12 adjusted gross income, equal to the amount of 13 interest earned in the taxable year on a medical 14 care savings account established under the Medical 15 Care Savings Account Act on behalf of the taxpayer, 16 other than interest added pursuant to item (D-5) of 17 this paragraph (2); 18 (U) For one taxable year beginning on or after 19 January 1, 1994, an amount equal to the total amount 20 of tax imposed and paid under subsections (a) and 21 (b) of Section 201 of this Act on grant amounts 22 received by the taxpayer under the Nursing Home 23 Grant Assistance Act during the taxpayer's taxable 24 years 1992 and 1993; 25 (V) Beginning with tax years ending on or 26 after December 31, 1995 and ending with tax years 27 ending on or before December 31, 1999, an amount 28 equal to the amount paid by a taxpayer who is a 29 self-employed taxpayer, a partner of a partnership, 30 or a shareholder in a Subchapter S corporation for 31 health insurance or long-term care insurance for 32 that taxpayer or that taxpayer's spouse or 33 dependents, to the extent that the amount paid for 34 that health insurance or long-term care insurance SB745 Engrossed -303- LRB9101253EGfg 1 may be deducted under Section 213 of the Internal 2 Revenue Code of 1986, has not been deducted on the 3 federal income tax return of the taxpayer, and does 4 not exceed the taxable income attributable to that 5 taxpayer's income, self-employment income, or 6 Subchapter S corporation income; except that no 7 deduction shall be allowed under this item (V) if 8 the taxpayer is eligible to participate in any 9 health insurance or long-term care insurance plan of 10 an employer of the taxpayer or the taxpayer's 11 spouse. The amount of the health insurance and 12 long-term care insurance subtracted under this item 13 (V) shall be determined by multiplying total health 14 insurance and long-term care insurance premiums paid 15 by the taxpayer times a number that represents the 16 fractional percentage of eligible medical expenses 17 under Section 213 of the Internal Revenue Code of 18 1986 not actually deducted on the taxpayer's federal 19 income tax return; and 20 (W) For taxable years beginning on or after 21 January 1, 1998, all amounts included in the 22 taxpayer's federal gross income in the taxable year 23 from amounts converted from a regular IRA to a Roth 24 IRA. This paragraph is exempt from the provisions of 25 Section 250. 26 (b) Corporations. 27 (1) In general. In the case of a corporation, base 28 income means an amount equal to the taxpayer's taxable 29 income for the taxable year as modified by paragraph (2). 30 (2) Modifications. The taxable income referred to 31 in paragraph (1) shall be modified by adding thereto the 32 sum of the following amounts: 33 (A) An amount equal to all amounts paid or 34 accrued to the taxpayer as interest and all SB745 Engrossed -304- LRB9101253EGfg 1 distributions received from regulated investment 2 companies during the taxable year to the extent 3 excluded from gross income in the computation of 4 taxable income; 5 (B) An amount equal to the amount of tax 6 imposed by this Act to the extent deducted from 7 gross income in the computation of taxable income 8 for the taxable year; 9 (C) In the case of a regulated investment 10 company, an amount equal to the excess of (i) the 11 net long-term capital gain for the taxable year, 12 over (ii) the amount of the capital gain dividends 13 designated as such in accordance with Section 14 852(b)(3)(C) of the Internal Revenue Code and any 15 amount designated under Section 852(b)(3)(D) of the 16 Internal Revenue Code, attributable to the taxable 17 year.(this amendatory Act of 1995 (Public Act 18 89-89) is declarative of existing law and is not a 19 new enactment);.20 (D) The amount of any net operating loss 21 deduction taken in arriving at taxable income, other 22 than a net operating loss carried forward from a 23 taxable year ending prior to December 31, 1986;and24 (E) For taxable years in which a net operating 25 loss carryback or carryforward from a taxable year 26 ending prior to December 31, 1986 is an element of 27 taxable income under paragraph (1) of subsection (e) 28 or subparagraph (E) of paragraph (2) of subsection 29 (e), the amount by which addition modifications 30 other than those provided by this subparagraph (E) 31 exceeded subtraction modifications in such earlier 32 taxable year, with the following limitations applied 33 in the order that they are listed: 34 (i) the addition modification relating to SB745 Engrossed -305- LRB9101253EGfg 1 the net operating loss carried back or forward 2 to the taxable year from any taxable year 3 ending prior to December 31, 1986 shall be 4 reduced by the amount of addition modification 5 under this subparagraph (E) which related to 6 that net operating loss and which was taken 7 into account in calculating the base income of 8 an earlier taxable year, and 9 (ii) the addition modification relating 10 to the net operating loss carried back or 11 forward to the taxable year from any taxable 12 year ending prior to December 31, 1986 shall 13 not exceed the amount of such carryback or 14 carryforward; 15 For taxable years in which there is a net 16 operating loss carryback or carryforward from more 17 than one other taxable year ending prior to December 18 31, 1986, the addition modification provided in this 19 subparagraph (E) shall be the sum of the amounts 20 computed independently under the preceding 21 provisions of this subparagraph (E) for each such 22 taxable year;,and 23 (E-5) For taxable years ending after December 24 31, 1997, an amount equal to any eligible 25 remediation costs that the corporation deducted in 26 computing adjusted gross income and for which the 27 corporation claims a credit under subsection (l) of 28 Section 201; 29 and by deducting from the total so obtained the sum of 30 the following amounts: 31 (F) An amount equal to the amount of any tax 32 imposed by this Act which was refunded to the 33 taxpayer and included in such total for the taxable 34 year; SB745 Engrossed -306- LRB9101253EGfg 1 (G) An amount equal to any amount included in 2 such total under Section 78 of the Internal Revenue 3 Code; 4 (H) In the case of a regulated investment 5 company, an amount equal to the amount of exempt 6 interest dividends as defined in subsection (b) (5) 7 of Section 852 of the Internal Revenue Code, paid to 8 shareholders for the taxable year; 9 (I) With the exception of any amounts 10 subtracted under subparagraph (J), an amount equal 11 to the sum of all amounts disallowed as deductions 12 by Sections 171(a) (2), and 265(a)(2) and amounts 13 disallowed as interest expense by Section 291(a)(3) 14 of the Internal Revenue Code, as now or hereafter 15 amended, and all amounts of expenses allocable to 16 interest and disallowed as deductions by Section 17 265(a)(1) of the Internal Revenue Code, as now or 18 hereafter amended; 19 (J) An amount equal to all amounts included in 20 such total which are exempt from taxation by this 21 State either by reason of its statutes or 22 Constitution or by reason of the Constitution, 23 treaties or statutes of the United States; provided 24 that, in the case of any statute of this State that 25 exempts income derived from bonds or other 26 obligations from the tax imposed under this Act, the 27 amount exempted shall be the interest net of bond 28 premium amortization; 29 (K) An amount equal to those dividends 30 included in such total which were paid by a 31 corporation which conducts business operations in an 32 Enterprise Zone or zones created under the Illinois 33 Enterprise Zone Act and conducts substantially all 34 of its operations in an Enterprise Zone or zones; SB745 Engrossed -307- LRB9101253EGfg 1 (L) An amount equal to those dividends 2 included in such total that were paid by a 3 corporation that conducts business operations in a 4 federally designated Foreign Trade Zone or Sub-Zone 5 and that is designated a High Impact Business 6 located in Illinois; provided that dividends 7 eligible for the deduction provided in subparagraph 8 (K) of paragraph 2 of this subsection shall not be 9 eligible for the deduction provided under this 10 subparagraph (L); 11 (M) For any taxpayer that is a financial 12 organization within the meaning of Section 304(c) of 13 this Act, an amount included in such total as 14 interest income from a loan or loans made by such 15 taxpayer to a borrower, to the extent that such a 16 loan is secured by property which is eligible for 17 the Enterprise Zone Investment Credit. To determine 18 the portion of a loan or loans that is secured by 19 property eligible for a Section 201(h) investment 20 credit to the borrower, the entire principal amount 21 of the loan or loans between the taxpayer and the 22 borrower should be divided into the basis of the 23 Section 201(h) investment credit property which 24 secures the loan or loans, using for this purpose 25 the original basis of such property on the date that 26 it was placed in service in the Enterprise Zone. 27 The subtraction modification available to taxpayer 28 in any year under this subsection shall be that 29 portion of the total interest paid by the borrower 30 with respect to such loan attributable to the 31 eligible property as calculated under the previous 32 sentence; 33 (M-1) For any taxpayer that is a financial 34 organization within the meaning of Section 304(c) of SB745 Engrossed -308- LRB9101253EGfg 1 this Act, an amount included in such total as 2 interest income from a loan or loans made by such 3 taxpayer to a borrower, to the extent that such a 4 loan is secured by property which is eligible for 5 the High Impact Business Investment Credit. To 6 determine the portion of a loan or loans that is 7 secured by property eligible for a Section 201(i) 8 investment credit to the borrower, the entire 9 principal amount of the loan or loans between the 10 taxpayer and the borrower should be divided into the 11 basis of the Section 201(i) investment credit 12 property which secures the loan or loans, using for 13 this purpose the original basis of such property on 14 the date that it was placed in service in a 15 federally designated Foreign Trade Zone or Sub-Zone 16 located in Illinois. No taxpayer that is eligible 17 for the deduction provided in subparagraph (M) of 18 paragraph (2) of this subsection shall be eligible 19 for the deduction provided under this subparagraph 20 (M-1). The subtraction modification available to 21 taxpayers in any year under this subsection shall be 22 that portion of the total interest paid by the 23 borrower with respect to such loan attributable to 24 the eligible property as calculated under the 25 previous sentence; 26 (N) Two times any contribution made during the 27 taxable year to a designated zone organization to 28 the extent that the contribution (i) qualifies as a 29 charitable contribution under subsection (c) of 30 Section 170 of the Internal Revenue Code and (ii) 31 must, by its terms, be used for a project approved 32 by the Department of Commerce and Community Affairs 33 under Section 11 of the Illinois Enterprise Zone 34 Act; SB745 Engrossed -309- LRB9101253EGfg 1 (O) An amount equal to: (i) 85% for taxable 2 years ending on or before December 31, 1992, or, a 3 percentage equal to the percentage allowable under 4 Section 243(a)(1) of the Internal Revenue Code of 5 1986 for taxable years ending after December 31, 6 1992, of the amount by which dividends included in 7 taxable income and received from a corporation that 8 is not created or organized under the laws of the 9 United States or any state or political subdivision 10 thereof, including, for taxable years ending on or 11 after December 31, 1988, dividends received or 12 deemed received or paid or deemed paid under 13 Sections 951 through 964 of the Internal Revenue 14 Code, exceed the amount of the modification provided 15 under subparagraph (G) of paragraph (2) of this 16 subsection (b) which is related to such dividends; 17 plus (ii) 100% of the amount by which dividends, 18 included in taxable income and received, including, 19 for taxable years ending on or after December 31, 20 1988, dividends received or deemed received or paid 21 or deemed paid under Sections 951 through 964 of the 22 Internal Revenue Code, from any such corporation 23 specified in clause (i) that would but for the 24 provisions of Section 1504 (b) (3) of the Internal 25 Revenue Code be treated as a member of the 26 affiliated group which includes the dividend 27 recipient, exceed the amount of the modification 28 provided under subparagraph (G) of paragraph (2) of 29 this subsection (b) which is related to such 30 dividends; 31 (P) An amount equal to any contribution made 32 to a job training project established pursuant to 33 the Tax Increment Allocation Redevelopment Act; and 34 (Q) An amount equal to the amount of the SB745 Engrossed -310- LRB9101253EGfg 1 deduction used to compute the federal income tax 2 credit for restoration of substantial amounts held 3 under claim of right for the taxable year pursuant 4 to Section 1341 of the Internal Revenue Code of 5 1986. 6 (3) Special rule. For purposes of paragraph (2) 7 (A), "gross income" in the case of a life insurance 8 company, for tax years ending on and after December 31, 9 1994, shall mean the gross investment income for the 10 taxable year. 11 (c) Trusts and estates. 12 (1) In general. In the case of a trust or estate, 13 base income means an amount equal to the taxpayer's 14 taxable income for the taxable year as modified by 15 paragraph (2). 16 (2) Modifications. Subject to the provisions of 17 paragraph (3), the taxable income referred to in 18 paragraph (1) shall be modified by adding thereto the sum 19 of the following amounts: 20 (A) An amount equal to all amounts paid or 21 accrued to the taxpayer as interest or dividends 22 during the taxable year to the extent excluded from 23 gross income in the computation of taxable income; 24 (B) In the case of (i) an estate, $600; (ii) a 25 trust which, under its governing instrument, is 26 required to distribute all of its income currently, 27 $300; and (iii) any other trust, $100, but in each 28 such case, only to the extent such amount was 29 deducted in the computation of taxable income; 30 (C) An amount equal to the amount of tax 31 imposed by this Act to the extent deducted from 32 gross income in the computation of taxable income 33 for the taxable year; 34 (D) The amount of any net operating loss SB745 Engrossed -311- LRB9101253EGfg 1 deduction taken in arriving at taxable income, other 2 than a net operating loss carried forward from a 3 taxable year ending prior to December 31, 1986; 4 (E) For taxable years in which a net operating 5 loss carryback or carryforward from a taxable year 6 ending prior to December 31, 1986 is an element of 7 taxable income under paragraph (1) of subsection (e) 8 or subparagraph (E) of paragraph (2) of subsection 9 (e), the amount by which addition modifications 10 other than those provided by this subparagraph (E) 11 exceeded subtraction modifications in such taxable 12 year, with the following limitations applied in the 13 order that they are listed: 14 (i) the addition modification relating to 15 the net operating loss carried back or forward 16 to the taxable year from any taxable year 17 ending prior to December 31, 1986 shall be 18 reduced by the amount of addition modification 19 under this subparagraph (E) which related to 20 that net operating loss and which was taken 21 into account in calculating the base income of 22 an earlier taxable year, and 23 (ii) the addition modification relating 24 to the net operating loss carried back or 25 forward to the taxable year from any taxable 26 year ending prior to December 31, 1986 shall 27 not exceed the amount of such carryback or 28 carryforward; 29 For taxable years in which there is a net 30 operating loss carryback or carryforward from more 31 than one other taxable year ending prior to December 32 31, 1986, the addition modification provided in this 33 subparagraph (E) shall be the sum of the amounts 34 computed independently under the preceding SB745 Engrossed -312- LRB9101253EGfg 1 provisions of this subparagraph (E) for each such 2 taxable year; 3 (F) For taxable years ending on or after 4 January 1, 1989, an amount equal to the tax deducted 5 pursuant to Section 164 of the Internal Revenue Code 6 if the trust or estate is claiming the same tax for 7 purposes of the Illinois foreign tax credit under 8 Section 601 of this Act; 9 (G) An amount equal to the amount of the 10 capital gain deduction allowable under the Internal 11 Revenue Code, to the extent deducted from gross 12 income in the computation of taxable income; and 13 (G-5) For taxable years ending after December 14 31, 1997, an amount equal to any eligible 15 remediation costs that the trust or estate deducted 16 in computing adjusted gross income and for which the 17 trust or estate claims a credit under subsection (l) 18 of Section 201; 19 and by deducting from the total so obtained the sum of 20 the following amounts: 21 (H) An amount equal to all amounts included in 22 such total pursuant to the provisions of Sections 23 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 24 408 of the Internal Revenue Code or included in such 25 total as distributions under the provisions of any 26 retirement or disability plan for employees of any 27 governmental agency or unit, or retirement payments 28 to retired partners, which payments are excluded in 29 computing net earnings from self employment by 30 Section 1402 of the Internal Revenue Code and 31 regulations adopted pursuant thereto; 32 (I) The valuation limitation amount; 33 (J) An amount equal to the amount of any tax 34 imposed by this Act which was refunded to the SB745 Engrossed -313- LRB9101253EGfg 1 taxpayer and included in such total for the taxable 2 year; 3 (K) An amount equal to all amounts included in 4 taxable income as modified by subparagraphs (A), 5 (B), (C), (D), (E), (F) and (G) which are exempt 6 from taxation by this State either by reason of its 7 statutes or Constitution or by reason of the 8 Constitution, treaties or statutes of the United 9 States; provided that, in the case of any statute of 10 this State that exempts income derived from bonds or 11 other obligations from the tax imposed under this 12 Act, the amount exempted shall be the interest net 13 of bond premium amortization; 14 (L) With the exception of any amounts 15 subtracted under subparagraph (K), an amount equal 16 to the sum of all amounts disallowed as deductions 17 by Sections 171(a) (2) and 265(a)(2) of the Internal 18 Revenue Code, as now or hereafter amended, and all 19 amounts of expenses allocable to interest and 20 disallowed as deductions by Section 265(1) of the 21 Internal Revenue Code of 1954, as now or hereafter 22 amended; 23 (M) An amount equal to those dividends 24 included in such total which were paid by a 25 corporation which conducts business operations in an 26 Enterprise Zone or zones created under the Illinois 27 Enterprise Zone Act and conducts substantially all 28 of its operations in an Enterprise Zone or Zones; 29 (N) An amount equal to any contribution made 30 to a job training project established pursuant to 31 the Tax Increment Allocation Redevelopment Act; 32 (O) An amount equal to those dividends 33 included in such total that were paid by a 34 corporation that conducts business operations in a SB745 Engrossed -314- LRB9101253EGfg 1 federally designated Foreign Trade Zone or Sub-Zone 2 and that is designated a High Impact Business 3 located in Illinois; provided that dividends 4 eligible for the deduction provided in subparagraph 5 (M) of paragraph (2) of this subsection shall not be 6 eligible for the deduction provided under this 7 subparagraph (O); and 8 (P) An amount equal to the amount of the 9 deduction used to compute the federal income tax 10 credit for restoration of substantial amounts held 11 under claim of right for the taxable year pursuant 12 to Section 1341 of the Internal Revenue Code of 13 1986. 14 (3) Limitation. The amount of any modification 15 otherwise required under this subsection shall, under 16 regulations prescribed by the Department, be adjusted by 17 any amounts included therein which were properly paid, 18 credited, or required to be distributed, or permanently 19 set aside for charitable purposes pursuant to Internal 20 Revenue Code Section 642(c) during the taxable year. 21 (d) Partnerships. 22 (1) In general. In the case of a partnership, base 23 income means an amount equal to the taxpayer's taxable 24 income for the taxable year as modified by paragraph (2). 25 (2) Modifications. The taxable income referred to 26 in paragraph (1) shall be modified by adding thereto the 27 sum of the following amounts: 28 (A) An amount equal to all amounts paid or 29 accrued to the taxpayer as interest or dividends 30 during the taxable year to the extent excluded from 31 gross income in the computation of taxable income; 32 (B) An amount equal to the amount of tax 33 imposed by this Act to the extent deducted from 34 gross income for the taxable year;andSB745 Engrossed -315- LRB9101253EGfg 1 (C) The amount of deductions allowed to the 2 partnership pursuant to Section 707 (c) of the 3 Internal Revenue Code in calculating its taxable 4 income; and 5 (D) An amount equal to the amount of the 6 capital gain deduction allowable under the Internal 7 Revenue Code, to the extent deducted from gross 8 income in the computation of taxable income; 9 and by deducting from the total so obtained the following 10 amounts: 11 (E) The valuation limitation amount; 12 (F) An amount equal to the amount of any tax 13 imposed by this Act which was refunded to the 14 taxpayer and included in such total for the taxable 15 year; 16 (G) An amount equal to all amounts included in 17 taxable income as modified by subparagraphs (A), 18 (B), (C) and (D) which are exempt from taxation by 19 this State either by reason of its statutes or 20 Constitution or by reason of the Constitution, 21 treaties or statutes of the United States; provided 22 that, in the case of any statute of this State that 23 exempts income derived from bonds or other 24 obligations from the tax imposed under this Act, the 25 amount exempted shall be the interest net of bond 26 premium amortization; 27 (H) Any income of the partnership which 28 constitutes personal service income as defined in 29 Section 1348 (b) (1) of the Internal Revenue Code 30 (as in effect December 31, 1981) or a reasonable 31 allowance for compensation paid or accrued for 32 services rendered by partners to the partnership, 33 whichever is greater; 34 (I) An amount equal to all amounts of income SB745 Engrossed -316- LRB9101253EGfg 1 distributable to an entity subject to the Personal 2 Property Tax Replacement Income Tax imposed by 3 subsections (c) and (d) of Section 201 of this Act 4 including amounts distributable to organizations 5 exempt from federal income tax by reason of Section 6 501(a) of the Internal Revenue Code; 7 (J) With the exception of any amounts 8 subtracted under subparagraph (G), an amount equal 9 to the sum of all amounts disallowed as deductions 10 by Sections 171(a) (2), and 265(2) of the Internal 11 Revenue Code of 1954, as now or hereafter amended, 12 and all amounts of expenses allocable to interest 13 and disallowed as deductions by Section 265(1) of 14 the Internal Revenue Code, as now or hereafter 15 amended; 16 (K) An amount equal to those dividends 17 included in such total which were paid by a 18 corporation which conducts business operations in an 19 Enterprise Zone or zones created under the Illinois 20 Enterprise Zone Act, enacted by the 82nd General 21 Assembly, and which does not conduct such operations 22 other than in an Enterprise Zone or Zones; 23 (L) An amount equal to any contribution made 24 to a job training project established pursuant to 25 the Real Property Tax Increment Allocation 26 Redevelopment Act; 27 (M) An amount equal to those dividends 28 included in such total that were paid by a 29 corporation that conducts business operations in a 30 federally designated Foreign Trade Zone or Sub-Zone 31 and that is designated a High Impact Business 32 located in Illinois; provided that dividends 33 eligible for the deduction provided in subparagraph 34 (K) of paragraph (2) of this subsection shall not be SB745 Engrossed -317- LRB9101253EGfg 1 eligible for the deduction provided under this 2 subparagraph (M); and 3 (N) An amount equal to the amount of the 4 deduction used to compute the federal income tax 5 credit for restoration of substantial amounts held 6 under claim of right for the taxable year pursuant 7 to Section 1341 of the Internal Revenue Code of 8 1986. 9 (e) Gross income; adjusted gross income; taxable income. 10 (1) In general. Subject to the provisions of 11 paragraph (2) and subsection (b) (3), for purposes of 12 this Section and Section 803(e), a taxpayer's gross 13 income, adjusted gross income, or taxable income for the 14 taxable year shall mean the amount of gross income, 15 adjusted gross income or taxable income properly 16 reportable for federal income tax purposes for the 17 taxable year under the provisions of the Internal Revenue 18 Code. Taxable income may be less than zero. However, for 19 taxable years ending on or after December 31, 1986, net 20 operating loss carryforwards from taxable years ending 21 prior to December 31, 1986, may not exceed the sum of 22 federal taxable income for the taxable year before net 23 operating loss deduction, plus the excess of addition 24 modifications over subtraction modifications for the 25 taxable year. For taxable years ending prior to December 26 31, 1986, taxable income may never be an amount in excess 27 of the net operating loss for the taxable year as defined 28 in subsections (c) and (d) of Section 172 of the Internal 29 Revenue Code, provided that when taxable income of a 30 corporation (other than a Subchapter S corporation), 31 trust, or estate is less than zero and addition 32 modifications, other than those provided by subparagraph 33 (E) of paragraph (2) of subsection (b) for corporations 34 or subparagraph (E) of paragraph (2) of subsection (c) SB745 Engrossed -318- LRB9101253EGfg 1 for trusts and estates, exceed subtraction modifications, 2 an addition modification must be made under those 3 subparagraphs for any other taxable year to which the 4 taxable income less than zero (net operating loss) is 5 applied under Section 172 of the Internal Revenue Code or 6 under subparagraph (E) of paragraph (2) of this 7 subsection (e) applied in conjunction with Section 172 of 8 the Internal Revenue Code. 9 (2) Special rule. For purposes of paragraph (1) of 10 this subsection, the taxable income properly reportable 11 for federal income tax purposes shall mean: 12 (A) Certain life insurance companies. In the 13 case of a life insurance company subject to the tax 14 imposed by Section 801 of the Internal Revenue Code, 15 life insurance company taxable income, plus the 16 amount of distribution from pre-1984 policyholder 17 surplus accounts as calculated under Section 815a of 18 the Internal Revenue Code; 19 (B) Certain other insurance companies. In the 20 case of mutual insurance companies subject to the 21 tax imposed by Section 831 of the Internal Revenue 22 Code, insurance company taxable income; 23 (C) Regulated investment companies. In the 24 case of a regulated investment company subject to 25 the tax imposed by Section 852 of the Internal 26 Revenue Code, investment company taxable income; 27 (D) Real estate investment trusts. In the 28 case of a real estate investment trust subject to 29 the tax imposed by Section 857 of the Internal 30 Revenue Code, real estate investment trust taxable 31 income; 32 (E) Consolidated corporations. In the case of 33 a corporation which is a member of an affiliated 34 group of corporations filing a consolidated income SB745 Engrossed -319- LRB9101253EGfg 1 tax return for the taxable year for federal income 2 tax purposes, taxable income determined as if such 3 corporation had filed a separate return for federal 4 income tax purposes for the taxable year and each 5 preceding taxable year for which it was a member of 6 an affiliated group. For purposes of this 7 subparagraph, the taxpayer's separate taxable income 8 shall be determined as if the election provided by 9 Section 243(b) (2) of the Internal Revenue Code had 10 been in effect for all such years; 11 (F) Cooperatives. In the case of a 12 cooperative corporation or association, the taxable 13 income of such organization determined in accordance 14 with the provisions of Section 1381 through 1388 of 15 the Internal Revenue Code; 16 (G) Subchapter S corporations. In the case 17 of: (i) a Subchapter S corporation for which there 18 is in effect an election for the taxable year under 19 Section 1362 of the Internal Revenue Code, the 20 taxable income of such corporation determined in 21 accordance with Section 1363(b) of the Internal 22 Revenue Code, except that taxable income shall take 23 into account those items which are required by 24 Section 1363(b)(1) of the Internal Revenue Code to 25 be separately stated; and (ii) a Subchapter S 26 corporation for which there is in effect a federal 27 election to opt out of the provisions of the 28 Subchapter S Revision Act of 1982 and have applied 29 instead the prior federal Subchapter S rules as in 30 effect on July 1, 1982, the taxable income of such 31 corporation determined in accordance with the 32 federal Subchapter S rules as in effect on July 1, 33 1982; and 34 (H) Partnerships. In the case of a SB745 Engrossed -320- LRB9101253EGfg 1 partnership, taxable income determined in accordance 2 with Section 703 of the Internal Revenue Code, 3 except that taxable income shall take into account 4 those items which are required by Section 703(a)(1) 5 to be separately stated but which would be taken 6 into account by an individual in calculating his 7 taxable income. 8 (f) Valuation limitation amount. 9 (1) In general. The valuation limitation amount 10 referred to in subsections (a) (2) (G), (c) (2) (I) and 11 (d)(2) (E) is an amount equal to: 12 (A) The sum of the pre-August 1, 1969 13 appreciation amounts (to the extent consisting of 14 gain reportable under the provisions of Section 1245 15 or 1250 of the Internal Revenue Code) for all 16 property in respect of which such gain was reported 17 for the taxable year; plus 18 (B) The lesser of (i) the sum of the 19 pre-August 1, 1969 appreciation amounts (to the 20 extent consisting of capital gain) for all property 21 in respect of which such gain was reported for 22 federal income tax purposes for the taxable year, or 23 (ii) the net capital gain for the taxable year, 24 reduced in either case by any amount of such gain 25 included in the amount determined under subsection 26 (a) (2) (F) or (c) (2) (H). 27 (2) Pre-August 1, 1969 appreciation amount. 28 (A) If the fair market value of property 29 referred to in paragraph (1) was readily 30 ascertainable on August 1, 1969, the pre-August 1, 31 1969 appreciation amount for such property is the 32 lesser of (i) the excess of such fair market value 33 over the taxpayer's basis (for determining gain) for 34 such property on that date (determined under the SB745 Engrossed -321- LRB9101253EGfg 1 Internal Revenue Code as in effect on that date), or 2 (ii) the total gain realized and reportable for 3 federal income tax purposes in respect of the sale, 4 exchange or other disposition of such property. 5 (B) If the fair market value of property 6 referred to in paragraph (1) was not readily 7 ascertainable on August 1, 1969, the pre-August 1, 8 1969 appreciation amount for such property is that 9 amount which bears the same ratio to the total gain 10 reported in respect of the property for federal 11 income tax purposes for the taxable year, as the 12 number of full calendar months in that part of the 13 taxpayer's holding period for the property ending 14 July 31, 1969 bears to the number of full calendar 15 months in the taxpayer's entire holding period for 16 the property. 17 (C) The Department shall prescribe such 18 regulations as may be necessary to carry out the 19 purposes of this paragraph. 20 (g) Double deductions. Unless specifically provided 21 otherwise, nothing in this Section shall permit the same item 22 to be deducted more than once. 23 (h) Legislative intention. Except as expressly provided 24 by this Section there shall be no modifications or 25 limitations on the amounts of income, gain, loss or deduction 26 taken into account in determining gross income, adjusted 27 gross income or taxable income for federal income tax 28 purposes for the taxable year, or in the amount of such items 29 entering into the computation of base income and net income 30 under this Act for such taxable year, whether in respect of 31 property values as of August 1, 1969 or otherwise. 32 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 33 89-418, eff. 11-15-95; 89-460, eff. 5-24-96; 89-626, eff. SB745 Engrossed -322- LRB9101253EGfg 1 8-9-96; 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 90-770, 2 eff. 8-14-98; revised 9-21-98.) 3 (35 ILCS 5/204) (from Ch. 120, par. 2-204) 4 Sec. 204. Standard Exemption. 5 (a) Allowance of exemption. In computing net income 6 under this Act, there shall be allowed as an exemption the 7 sum of the amounts determined under subsections (b), (c) and 8 (d), multiplied by a fraction the numerator of which is the 9 amount of the taxpayer's base income allocable to this State 10 for the taxable year and the denominator of which is the 11 taxpayer's total base income for the taxable year. 12 (b) Basic amount. For the purpose of subsection (a) of 13 this Section, except as provided by subsection (a) of Section 14 205 and in this subsection, each taxpayer shall be allowed a 15 basic amount of $1000, except that for individuals the basic 16 amount shall be: 17 (1) for taxable years ending on or after December 18 31, 1998 and prior to December 31, 1999, $1,300; 19 (2) for taxable years ending on or after December 20 31, 1999 and prior to December 31, 2000, $1,650; 21 (3) for taxable years ending on or after December 22 31, 2000, $2,000. 23 For taxable years ending on or after December 31, 1992, a 24 taxpayer whose Illinois base income exceeds the basic amount 25 and who is claimed as a dependent on another person's tax 26 return under the Internal Revenue Code of 1986 shall not be 27 allowed any basic amount under this subsection.The28provisions of Section 250 shall not apply to the amendments29made by this amendatory Act of 1998.30 (c) Additional amount for individuals. In the case of an 31 individual taxpayer, there shall be allowed for the purpose 32 of subsection (a), in addition to the basic amount provided 33 by subsection (b), an additional exemption equal to the basic SB745 Engrossed -323- LRB9101253EGfg 1 amount for each exemption in excess of one allowable to such 2 individual taxpayer for the taxable year under Section 151 of 3 the Internal Revenue Code.The provisions of Section 2504shall not apply to the amendments made by this amendatory Act5of 1998.6 (d) Additional exemptions for an individual taxpayer and 7 his or her spouse. In the case of an individual taxpayer and 8 his or her spouse, he or she shall each be allowed additional 9 exemptions as follows: 10 (1) Additional exemption for taxpayer or spouse 65 11 years of age or older. 12 (A) For taxpayer. An additional exemption of 13 $1,000 for the taxpayer if he or she has attained 14 the age of 65 before the end of the taxable year. 15 (B) For spouse when a joint return is not 16 filed. An additional exemption of $1,000 for the 17 spouse of the taxpayer if a joint return is not made 18 by the taxpayer and his spouse, and if the spouse 19 has attained the age of 65 before the end of such 20 taxable year, and, for the calendar year in which 21 the taxable year of the taxpayer begins, has no 22 gross income and is not the dependent of another 23 taxpayer. 24 (2) Additional exemption for blindness of taxpayer 25 or spouse. 26 (A) For taxpayer. An additional exemption of 27 $1,000 for the taxpayer if he or she is blind at the 28 end of the taxable year. 29 (B) For spouse when a joint return is not 30 filed. An additional exemption of $1,000 for the 31 spouse of the taxpayer if a separate return is made 32 by the taxpayer, and if the spouse is blind and, for 33 the calendar year in which the taxable year of the 34 taxpayer begins, has no gross income and is not the SB745 Engrossed -324- LRB9101253EGfg 1 dependent of another taxpayer. For purposes of this 2 paragraph, the determination of whether the spouse 3 is blind shall be made as of the end of the taxable 4 year of the taxpayer; except that if the spouse dies 5 during such taxable year such determination shall be 6 made as of the time of such death. 7 (C) Blindness defined. For purposes of this 8 subsection, an individual is blind only if his or 9 her central visual acuity does not exceed 20/200 in 10 the better eye with correcting lenses, or if his or 11 her visual acuity is greater than 20/200 but is 12 accompanied by a limitation in the fields of vision 13 such that the widest diameter of the visual fields 14 subtends an angle no greater than 20 degrees. 15 (e) Cross reference. See Article 3 for the manner of 16 determining base income allocable to this State. 17 (f) Application of Section 250. Section 250 does not 18 apply to the amendments to this Section made by Public Act 19 90-613. 20 (Source: P.A. 90-613, eff. 7-9-98; revised 8-12-98.) 21 (35 ILCS 5/509) (from Ch. 120, par. 5-509) 22 Sec. 509. Tax checkoff explanations. All individual 23 income tax return forms shall contain appropriate 24 explanations and spaces to enable the taxpayers to designate 25 contributions to the Child Abuse Prevention Fund, to the 26 Community Health Center Care Fund, to the Illinois Wildlife 27 Preservation Fund as required by the Illinois Non-Game 28 Wildlife Protection Act, to the Alzheimer's Disease Research 29 Fund as required by the Alzheimer's Disease Research Act, to 30 the Assistance to the Homeless Fund as required by this Act, 31 to the Heritage Preservation Fund as required by the Heritage 32 Preservation Act, to the Child Care Expansion Program Fund as 33 required by the Child Care Expansion Program Act, to the Ryan SB745 Engrossed -325- LRB9101253EGfg 1 White AIDS Victims Assistance Fund, to the Assistive 2 Technology for Persons with Disabilities Fund, to the 3 Domestic Violence Shelter and Service Fund, to the United 4 States Olympians Assistance Fund, to the Youth Drug Abuse 5 Prevention Fund, to the Persian Gulf Conflict Veterans Fund, 6 to the Literacy Advancement Fund, to the Ryan White Pediatric 7 and Adult AIDS Fund, to the Illinois Special Olympics 8 Checkoff Fund, to the Breast and Cervical Cancer Research 9 Fund, to the Korean War Memorial Fund, to the Heart Disease 10 Treatment and Prevention Fund, to the Hemophilia Treatment 11 Fund, to the Mental Health Research Fund, to the Children's 12 Cancer Fund, to the American Diabetes Association Fund, to 13 the Women in Military Service Memorial Fund, and to the Meals 14 on Wheels Fund. Each form shall contain a statement that the 15 contributions will reduce the taxpayer's refund or increase 16 the amount of payment to accompany the return. Failure to 17 remit any amount of increased payment shall reduce the 18 contribution accordingly. 19 If, on October 1 of any year, the total contributions to 20 any one of the funds made under this Section do not equal 21 $100,000 or more, the explanations and spaces for designating 22 contributions to the fund shall be removed from the 23 individual income tax return forms for the following and all 24 subsequent years and all subsequent contributions to the fund 25 shall be refunded to the taxpayer. 26 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95; 27 90-171, eff. 7-23-97; revised 10-31-98.) 28 Section 60. The Retailers' Occupation Tax Act is amended 29 by changing Section 2a as follows: 30 (35 ILCS 120/2a) (from Ch. 120, par. 441a) 31 Sec. 2a. It is unlawful for any person to engage in the 32 business of selling tangible personal property at retail in SB745 Engrossed -326- LRB9101253EGfg 1 this State without a certificate of registration from the 2 Department. Application for a certificate of registration 3 shall be made to the Department upon forms furnished by it. 4 Each such application shall be signed and verified and shall 5 state: (1) the name and social security number of the 6 applicant; (2) the address of his principal place of 7 business; (3) the address of the principal place of business 8 from which he engages in the business of selling tangible 9 personal property at retail in this State and the addresses 10 of all other places of business, if any (enumerating such 11 addresses, if any, in a separate list attached to and made a 12 part of the application), from which he engages in the 13 business of selling tangible personal property at retail in 14 this State;, and(4) the name and address of the person or 15 persons who will be responsible for filing returns and 16 payment of taxes due under this Act;,(5) in the case of a 17 corporation, the name, title, and social security number of 18 each corporate officer;,(6) in the case of a limited 19 liability company, the name, social security number, and FEIN 20 number of each manager and member;,and (7) such other 21 information as the Department may reasonably require. The 22 application shall contain an acceptance of responsibility 23 signed by the person or persons who will be responsible for 24 filing returns and payment of the taxes due under this Act. 25 If the applicant will sell tangible personal property at 26 retail through vending machines, his application to register 27 shall indicate the number of vending machines to be so 28 operated; and thereafter, he shall notify the Department by 29 January 31 of the number of vending machines which such 30 person was using in his business of selling tangible personal 31 property at retail on the preceding December 31. 32 The Department may deny a certificate of registration to 33 any applicant if the owner, any partner, any manager or 34 member of a limited liability company, or a corporate officer SB745 Engrossed -327- LRB9101253EGfg 1 of the applicant, is or has been the owner, a partner, a 2 manager or member of a limited liability company, or a 3 corporate officer, of another retailer that is in default for 4 moneys due under this Act. 5 Every applicant for a certificate of registration 6 hereunder shall, at the time of filing such application, 7 furnish a bond from a surety company authorized to do 8 business in the State of Illinois, or an irrevocable bank 9 letter of credit or a bond signed by 2 personal sureties who 10 have filed, with the Department, sworn statements disclosing 11 net assets equal to at least 3 times the amount of the bond 12 to be required of such applicant, or a bond secured by an 13 assignment of a bank account or certificate of deposit, 14 stocks or bonds, conditioned upon the applicant paying to the 15 State of Illinois all moneys becoming due under this Act and 16 under any other State tax law or municipal or county tax 17 ordinance or resolution under which the certificate of 18 registration that is issued to the applicant under this Act 19 will permit the applicant to engage in business without 20 registering separately under such other law, ordinance or 21 resolution. The Department shall fix the amount of such 22 security in each case, taking into consideration the amount 23 of money expected to become due from the applicant under this 24 Act and under any other State tax law or municipal or county 25 tax ordinance or resolution under which the certificate of 26 registration that is issued to the applicant under this Act 27 will permit the applicant to engage in business without 28 registering separately under such other law, ordinance or 29 resolution. The amount of security required by the Department 30 shall be such as, in its opinion, will protect the State of 31 Illinois against failure to pay the amount which may become 32 due from the applicant under this Act and under any other 33 State tax law or municipal or county tax ordinance or 34 resolution under which the certificate of registration that SB745 Engrossed -328- LRB9101253EGfg 1 is issued to the applicant under this Act will permit the 2 applicant to engage in business without registering 3 separately under such other law, ordinance or resolution, but 4 the amount of the security required by the Department shall 5 not exceed three times the amount of the applicant's average 6 monthly tax liability, or $50,000.00, whichever amount is 7 lower. 8 No certificate of registration under this Act shall be 9 issued by the Department until the applicant provides the 10 Department with satisfactory security as herein provided for. 11 Upon receipt of the application for certificate of 12 registration in proper form, and upon approval by the 13 Department of the security furnished by the applicant, the 14 Department shall issue to such applicant a certificate of 15 registration which shall permit the person to whom it is 16 issued to engage in the business of selling tangible personal 17 property at retail in this State. The certificate of 18 registration shall be conspicuously displayed at the place of 19 business which the person so registered states in his 20 application to be the principal place of business from which 21 he engages in the business of selling tangible personal 22 property at retail in this State. 23 No certificate of registration issued to a taxpayer who 24 files returns required by this Act on a monthly basis shall 25 be valid after the expiration of 5 years from the date of its 26 issuance or last renewal. The expiration date of a 27 sub-certificate of registration shall be that of the 28 certificate of registration to which the sub-certificate 29 relates. A certificate of registration shall automatically 30 be renewed, subject to revocation as provided by this Act, 31 for an additional 5 years from the date of its expiration 32 unless otherwise notified by the Department as provided by 33 this paragraph. Where a taxpayer to whom a certificate of 34 registration is issued under this Act is in default to the SB745 Engrossed -329- LRB9101253EGfg 1 State of Illinois for delinquent returns or for moneys due 2 under this Act or any other State tax law or municipal or 3 county ordinance administered or enforced by the Department, 4 the Department shall, not less than 120 days before the 5 expiration date of such certificate of registration, give 6 notice to the taxpayer to whom the certificate was issued of 7 the account period of the delinquent returns, the amount of 8 tax, penalty and interest due and owing from the taxpayer, 9 and that the certificate of registration shall not be 10 automatically renewed upon its expiration date unless the 11 taxpayer, on or before the date of expiration, has filed and 12 paid the delinquent returns or paid the defaulted amount in 13 full. A taxpayer to whom such a notice is issued shall be 14 deemed an applicant for renewal. The Department shall 15 promulgate regulations establishing procedures for taxpayers 16 who file returns on a monthly basis but desire and qualify to 17 change to a quarterly or yearly filing basis and will no 18 longer be subject to renewal under this Section, and for 19 taxpayers who file returns on a yearly or quarterly basis but 20 who desire or are required to change to a monthly filing 21 basis and will be subject to renewal under this Section. 22 The Department may in its discretion approve renewal by 23 an applicant who is in default if, at the time of application 24 for renewal, the applicant files all of the delinquent 25 returns or pays to the Department such percentage of the 26 defaulted amount as may be determined by the Department and 27 agrees in writing to waive all limitations upon the 28 Department for collection of the remaining defaulted amount 29 to the Department over a period not to exceed 5 years from 30 the date of renewal of the certificate; however, no renewal 31 application submitted by an applicant who is in default shall 32 be approved if the immediately preceding renewal by the 33 applicant was conditioned upon the installment payment 34 agreement described in this Section. The payment agreement SB745 Engrossed -330- LRB9101253EGfg 1 herein provided for shall be in addition to and not in lieu 2 of the security required by this Section of a taxpayer who is 3 no longer considered a prior continuous compliance taxpayer. 4 The execution of the payment agreement as provided in this 5 Act shall not toll the accrual of interest at the statutory 6 rate. 7 A certificate of registration issued under this Act more 8 than 5 years before the effective date of this amendatory Act 9 of 1989 shall expire and be subject to the renewal provisions 10 of this Section on the next anniversary of the date of 11 issuance of such certificate which occurs more than 6 months 12 after the effective date of this amendatory Act of 1989. A 13 certificate of registration issued less than 5 years before 14 the effective date of this amendatory Act of 1989 shall 15 expire and be subject to the renewal provisions of this 16 Section on the 5th anniversary of the issuance of the 17 certificate. 18 If the person so registered states that he operates other 19 places of business from which he engages in the business of 20 selling tangible personal property at retail in this State, 21 the Department shall furnish him with a sub-certificate of 22 registration for each such place of business, and the 23 applicant shall display the appropriate sub-certificate of 24 registration at each such place of business. All 25 sub-certificates of registration shall bear the same 26 registration number as that appearing upon the certificate of 27 registration to which such sub-certificates relate. 28 If the applicant will sell tangible personal property at 29 retail through vending machines, the Department shall furnish 30 him with a sub-certificate of registration for each such 31 vending machine, and the applicant shall display the 32 appropriate sub-certificate of registration on each such 33 vending machine by attaching the sub-certificate of 34 registration to a conspicuous part of such vending machine. SB745 Engrossed -331- LRB9101253EGfg 1 Where the same person engages in 2 or more businesses of 2 selling tangible personal property at retail in this State, 3 which businesses are substantially different in character or 4 engaged in under different trade names or engaged in under 5 other substantially dissimilar circumstances (so that it is 6 more practicable, from an accounting, auditing or bookkeeping 7 standpoint, for such businesses to be separately registered), 8 the Department may require or permit such person (subject to 9 the same requirements concerning the furnishing of security 10 as those that are provided for hereinbefore in this Section 11 as to each application for a certificate of registration) to 12 apply for and obtain a separate certificate of registration 13 for each such business or for any of such businesses, under a 14 single certificate of registration supplemented by related 15 sub-certificates of registration. 16 Any person who is registered under the "Retailers' 17 Occupation Tax Act" as of March 8, 1963, and who, during the 18 3-year period immediately prior to March 8, 1963, or during a 19 continuous 3-year period part of which passed immediately 20 before and the remainder of which passes immediately after 21 March 8, 1963, has been so registered continuously and who is 22 determined by the Department not to have been either 23 delinquent or deficient in the payment of tax liability 24 during that period under this Act or under any other State 25 tax law or municipal or county tax ordinance or resolution 26 under which the certificate of registration that is issued to 27 the registrant under this Act will permit the registrant to 28 engage in business without registering separately under such 29 other law, ordinance or resolution, shall be considered to be 30 a Prior Continuous Compliance taxpayer. Also any taxpayer who 31 has, as verified by the Department, faithfully and 32 continuously complied with the condition of his bond or other 33 security under the provisions of this Act for a period of 3 34 consecutive years shall be considered to be a Prior SB745 Engrossed -332- LRB9101253EGfg 1 Continuous Compliance taxpayer. 2 Every Prior Continuous Compliance taxpayer shall be 3 exempt from all requirements under this Act concerning the 4 furnishing of security as a condition precedent to his being 5 authorized to engage in the business of selling tangible 6 personal property at retail in this State. This exemption 7 shall continue for each such taxpayer until such time as he 8 may be determined by the Department to be delinquent in the 9 filing of any returns, or is determined by the Department 10 (either through the Department's issuance of a final 11 assessment which has become final under the Act, or by the 12 taxpayer's filing of a return which admits tax that is not 13 paid to be due) to be delinquent or deficient in the paying 14 of any tax under this Act or under any other State tax law or 15 municipal or county tax ordinance or resolution under which 16 the certificate of registration that is issued to the 17 registrant under this Act will permit the registrant to 18 engage in business without registering separately under such 19 other law, ordinance or resolution, at which time that 20 taxpayer shall become subject to all the financial 21 responsibility requirements of this Act and, as a condition 22 of being allowed to continue to engage in the business of 23 selling tangible personal property at retail, shall be 24 required to post bond or other acceptable security with the 25 Department covering liability which such taxpayer may 26 thereafter incur. Any taxpayer who fails to pay an admitted 27 or established liability under this Act may also be required 28 to post bond or other acceptable security with this 29 Department guaranteeing the payment of such admitted or 30 established liability. 31 No certificate of registration shall be issued to any 32 person who is in default to the State of Illinois for moneys 33 due under this Act or under any other State tax law or 34 municipal or county tax ordinance or resolution under which SB745 Engrossed -333- LRB9101253EGfg 1 the certificate of registration that is issued to the 2 applicant under this Act will permit the applicant to engage 3 in business without registering separately under such other 4 law, ordinance or resolution. 5 Any person aggrieved by any decision of the Department 6 under this Section may, within 20 days after notice of such 7 decision, protest and request a hearing, whereupon the 8 Department shall give notice to such person of the time and 9 place fixed for such hearing and shall hold a hearing in 10 conformity with the provisions of this Act and then issue its 11 final administrative decision in the matter to such person. 12 In the absence of such a protest within 20 days, the 13 Department's decision shall become final without any further 14 determination being made or notice given. 15 With respect to security other than bonds (upon which the 16 Department may sue in the event of a forfeiture), if the 17 taxpayer fails to pay, when due, any amount whose payment 18 such security guarantees, the Department shall, after such 19 liability is admitted by the taxpayer or established by the 20 Department through the issuance of a final assessment that 21 has become final under the law, convert the security which 22 that taxpayer has furnished into money for the State, after 23 first giving the taxpayer at least 10 days' written notice, 24 by registered or certified mail, to pay the liability or 25 forfeit such security to the Department. If the security 26 consists of stocks or bonds or other securities which are 27 listed on a public exchange, the Department shall sell such 28 securities through such public exchange. If the security 29 consists of an irrevocable bank letter of credit, the 30 Department shall convert the security in the manner provided 31 for in the Uniform Commercial Code. If the security consists 32 of a bank certificate of deposit, the Department shall 33 convert the security into money by demanding and collecting 34 the amount of such bank certificate of deposit from the bank SB745 Engrossed -334- LRB9101253EGfg 1 which issued such certificate. If the security consists of a 2 type of stocks or other securities which are not listed on a 3 public exchange, the Department shall sell such security to 4 the highest and best bidder after giving at least 10 days' 5 notice of the date, time and place of the intended sale by 6 publication in the "State Official Newspaper". If the 7 Department realizes more than the amount of such liability 8 from the security, plus the expenses incurred by the 9 Department in converting the security into money, the 10 Department shall pay such excess to the taxpayer who 11 furnished such security, and the balance shall be paid into 12 the State Treasury. 13 The Department shall discharge any surety and shall 14 release and return any security deposited, assigned, pledged 15 or otherwise provided to it by a taxpayer under this Section 16 within 30 days after: 17 (1) such taxpayer becomes a Prior Continuous 18 Compliance taxpayer; or 19 (2) such taxpayer has ceased to collect receipts on 20 which he is required to remit tax to the Department, has 21 filed a final tax return, and has paid to the Department 22 an amount sufficient to discharge his remaining tax 23 liability, as determined by the Department, under this 24 Act and under every other State tax law or municipal or 25 county tax ordinance or resolution under which the 26 certificate of registration issued under this Act permits 27 the registrant to engage in business without registering 28 separately under such other law, ordinance or resolution. 29 The Department shall make a final determination of the 30 taxpayer's outstanding tax liability as expeditiously as 31 possible after his final tax return has been filed; if 32 the Department cannot make such final determination 33 within 45 days after receiving the final tax return, 34 within such period it shall so notify the taxpayer, SB745 Engrossed -335- LRB9101253EGfg 1 stating its reasons therefor. 2 (Source: P.A. 89-399, eff. 8-20-95; 90-491, eff. 1-1-98; 3 revised 10-31-98.) 4 Section 61. The Property Tax Code is amended by changing 5 Sections 8-5, 9-165, 10-55, 10-115, 10-167, 16-150, 18-55, 6 18-185, 18-246, 19-5, 19-40, 20-50, 20-155, 21-35, 21-195, 7 21-310, 22-5, 22-10, 22-65, 22-80, 22-90, and 23-35 as 8 follows: 9 (35 ILCS 200/8-5) 10 Sec. 8-5. General duties. The Department shall: 11 (1) Direct and supervise the assessment of all property 12 so that all assessments are made relatively just and equal.;13 (2) Confer with, advise and assist local assessment 14 officers relative to the performance of their duties.;15 (3) Prescribe for assessment officers general rules, 16 relative to the assessment of property, which rules shall be 17 binding upon all assessment officers until reversed, annulled 18 or modified by a court of competent jurisdiction.;19 (4) Prescribe or approve forms for returns, reports, 20 complaints, notices and other documents, and the contents of 21 required files and records authorized or required by law or 22 by rule and regulation of the Department. All assessing 23 officers shall use true copies of such forms or reasonable 24 electronic facsimiles of them.;25 (5) Assess all property owned by or used by railroad 26 companies operating within this State, except non-carrier 27 real estate.;28 (6) Equalize the assessment of property among the 29 different counties of the State and fix the aggregate amount 30 of the assessment for each county upon which taxes shall be 31 extended in each year; and publish a statement of the methods 32 and procedures used in making such equalization.;SB745 Engrossed -336- LRB9101253EGfg 1 (7) Keep a correct record of its acts relative to the 2 assessment of property and the equalization of assessments. 3 The record shall be available for public inspection and 4 copies shall be distributed to any person upon request and 5 payment of the cost of reproduction. 6 (8) Grant or deny non-homestead exemptions under 7 Sections 16-70 and 16-130. 8 (Source: P.A. 83-121; 88-455; revised 10-31-98.) 9 (35 ILCS 200/9-165) 10 Sec. 9-165. Definitions. As used in Section 9-170: 11 "Municipality" means a city, village or incorporated town 12 .;13 "Governing body" means (a) the corporate authorities of a 14 municipality with respect to territory within its corporate 15 limits and (b) the county board with respect to territory in 16 the county not within the corporate limits of any 17 municipality. 18 "Certificate of occupancy" means the certificate or 19 permit, by whatever name denominated, which a municipality or 20 county, under its authority to regulate the construction of 21 buildings, issues as evidence that all applicable 22 requirements have been complied with and requires before any 23 new, reconstructed or remodeled building may be lawfully 24 occupied. 25 (Source: P.A. 78-376; 88-455; revised 10-31-98.) 26 (35 ILCS 200/10-55) 27 Sec. 10-55. Application process and application period. 28 (a) The Director shall receive applications for 29 certificates of rehabilitation in a form and manner provided 30 by him or her by rule. The rules shall provide that an 31 applicant may request preliminary approval of rehabilitation 32 before the rehabilitation period begins. SB745 Engrossed -337- LRB9101253EGfg 1 (b) The Director shall approve an application for a 2 certificate of rehabilitation when he or she finds that the 3 restoration, preservation or rehabilitation: 4 (1) involves an historic building; 5 (2) has a cost, including architectural fees, equal 6 to or greater than 25% of the base year valuation; 7 (3) is for a building for which no certificate of 8 rehabilitation has been approved within 4 years after the 9 last year of the adjustment valuation period; 10 (4) was or will be done in accordance with the 11 standards for rehabilitation; and 12 (5) was or will be a substantial rehabilitation. 13 (c) The Director shall determine the length of the 14 rehabilitation period, which shall not exceed 2 years unless 15 the Director finds: 16 (1) it is economically unfeasible to complete the 17 rehabilitation in that period; or 18 (2) the magnitude of the project is such that a 19 good faith attempt to complete the rehabilitation in that 20 period would not succeed. 21 (d) Upon approval of the application, the Director shall 22 issue a certificate of rehabilitation to the applicant and 23 transmit a copy to the assessment officer. The certificate 24 shall identify the rehabilitation period. 25 (e) If during the 8-year valuation period and the 26 adjustment valuation period, the Director determines, in 27 accordance with the Illinois Administrative Procedure 28ProceduresAct, that an historic building for which a 29 certificate of rehabilitation has been issued has not been 30 the subject of repair, renovation, remodeling or improvement 31 in accordance with the standards for rehabilitation, he or 32 she shall revoke the certificate of rehabilitation by written 33 notice to the taxpayer of record and transmit a copy of the 34 revocation to the assessment officer. SB745 Engrossed -338- LRB9101253EGfg 1 The provisions in Section 10-40 through 10-85 apply to 2 certified rehabilitation projects for which an application 3 for a certificate of rehabilitation has been filed with the 4 Director within 2 years of the rehabilitation period. 5 (Source: P.A. 86-1481; 87-818; 88-455; revised 10-31-98.) 6 (35 ILCS 200/10-115) 7 Sec. 10-115. Department guidelines and valuations for 8 farmland. The Department shall issue guidelines and 9 recommendations for the valuation of farmland to achieve 10 equitable assessment within and between counties. 11 The Director of Revenue shall appoint a five-person 12 Farmland Assessment Technical Advisory Board, consisting of 13 technical experts from the colleges or schools of agriculture 14 of the State universities and State and federal agricultural 15 agencies, to advise in and provide data and technical 16 information needed for implementation of this Section. 17 By May 1 of each year, the Department shall certify to 18 each chief county assessment officer the following, 19 calculated from data provided by the Farmland Technical 20 Advisory Board, on a per acre basis by soil productivity 21 index for harvested cropland, using moving averages for the 22 most recent 5-year period for which data are available: 23 (a) gross income, estimated by using yields per 24 acre as assigned to soil productivity indices, the crop 25 mix for each soil productivity index as determined by the 26 College of Agriculture of the University of Illinois and 27 average prices received by farmers for principal crops as 28 published by the Illinois Crop Reporting Service; 29 (b) production costs, other than land costs, 30 provided by the College of Agriculture of the University 31 of Illinois; 32 (c) net return to land, which shall be the 33 difference between (a) and (b) above; SB745 Engrossed -339- LRB9101253EGfg 1 (d) a proposed agricultural economic value 2 determined by dividing the net return to land by the 3 moving average of the Federal Land Bank farmland mortgage 4 interest rate as calculated by the Department; 5 (e) the equalized assessed value per acre of 6 farmland for each soil productivity index, which shall be 7 33-1/3% of the agricultural economic value, or the 8 percentage as provided under Section 17-5; but any 9 increase or decrease in the equalized assessed value per 10 acre by soil productivity index shall not exceed 10% from 11 the immediate preceding year's soil productivity index 12 certified assessed value; 13 (f) a proposed average equalized assessed value per 14 acre of cropland for each individual county, weighted by 15 the distribution of soils by productivity index in the 16 county; and 17 (g) a proposed average equalized assessed value per 18 acre for all farmland in each county, weighted (i) to 19 consider the proportions of all farmland acres in the 20 county which are cropland, permanent pasture, and other 21 farmland, and (ii) to reflect the valuations for those 22 types of land and debasements for slope and erosion as 23 required by Section 10-125. 24 (Source: P.A. 86-954; 88-455; revised 10-31-98.) 25 (35 ILCS 200/10-167) 26 Sec. 10-167. Definition of public benefit; 27 certification. 28 (a) A conservation right on land shall be considered to 29 provide a demonstrated public benefit if the Department of 30 Natural Resources certifies that it protects in perpetuity at 31 least one of the following: 32 (1) Land providing a regular opportunity for public 33 access to outdoor recreation or outdoor education. SB745 Engrossed -340- LRB9101253EGfg 1 (2) Land preserving habitat for State or federal 2 endangered or threatened species or federal candidate 3 species as defined in theFederalCode of Federalor4 Regulations (50 CFR 424.02). 5 (3) Land identified in the Illinois Natural Areas 6 Inventory. 7 (4) Land determined to be eligible for registration 8 under Section 16 of the Illinois Natural Areas 9 Preservation Act. 10 (5) Land contributing to the ecological viability 11 of a park, conservation area, nature preserve, or other 12 high quality native terrestrial or aquatic area that is 13 publicly owned or otherwise protected. 14 (6) Land included in, or consistent with a federal, 15 State, regional, or local government policy or plan for 16 the conservation of wildlife habitat or open space, for 17 the restoration or protection of lakes and streams, or 18 for the protection of scenic areas. 19 (b) The person liable for taxes on the land shall submit 20 an application to the Department of Natural Resources 21 requesting certification that the land meets one of the 22 criteria established in subsection (a). The application 23 shall be in a form furnished by the Department of Natural 24 Resources. Within 30 days of receipt of a complete and 25 correct application for certification, the Department of 26 Natural Resources shall determine whether the land encumbered 27 by a conservation right provides a demonstrated public 28 benefit and shall inform the applicant in writing of the 29 decision. 30 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96; 31 revised 3-12-98.) 32 (35 ILCS 200/16-150) 33 Sec. 16-150. Certification of assessment books. In SB745 Engrossed -341- LRB9101253EGfg 1 counties with 3,000,000 or more inhabitants, the board of 2 appeals (until the first Monday in December 1998 and the 3 board of review beginning the first Monday in December 1998 4 and thereafter) shall, on or before the annual date for final 5 adjournment as fixed by this Section, complete its work, and 6 order the county assessor to make those entries in the 7 assessment books and lists as may be required to make the 8 assessments conform with the changes directed to be made 9 therein by the board. The county assessor and a majority of 10 the members of the board shall attach to each of the 11 assessment books in the possession of the county assessor and 12 the county clerk an affidavit signed by the county assessor 13 and a majority of the members of the board, which affidavit 14 shall be in substantially the following form: 15 State of Illinois) 16 ) ss. 17 County of .......) 18 We, and each of us, as county assessor and as members of 19 the (board of appeals or board of review) of the County of 20 ...., in the State of Illinois, do solemnly swear that the 21 books .... in number .... to which this affidavit is 22 attached, contain a full and complete list of all the 23 property in this county subject to taxation for the year 24 (insert year)19..so far as we have been able to ascertain 25 them, and that the assessed value set down in the proper 26 column opposite the several kinds and descriptions of 27 property, is, in our opinion, a just and equal assessment of 28 the property for the purposes of taxation according to law, 29 and that the footings of the several columns in these books 30 are correct to the best of our knowledge and belief. 31 The final date of adjournment of the board shall be 60 32 days after the date of the last delivery to it of the 33 assessment books for any township or taxing district. 34 (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. SB745 Engrossed -342- LRB9101253EGfg 1 8-14-96; revised 10-20-98.) 2 (35 ILCS 200/18-55) 3 Sec. 18-55. Short title and definitions. This Division 4 2Section and Sections 18-60 through 18-95may be cited as 5 the Truth in Taxation Law. As used in this Division 2 6Sections 18-60 through 18-95: 7 (a) "Taxing district" has the meaning specified in 8 Section 1-150 and includes home rule units.;9 (b) "Aggregate levy" means the annual corporate levy of 10 the taxing district and those special purpose levies which 11 are made annually (other than debt service levies and levies 12 made for the purpose of paying amounts due under public 13 building commission leases).;14 (c) "Special purpose levies" include, but are not 15 limited to, levies made on an annual basis for contributions 16 to pension plans, unemployment and worker's compensation, or 17 self-insurance.;18 (d) "Debt service" means levies made by any taxing 19 district pursuant to home rule authority, statute, 20 referendum, ordinance, resolution, indenture, agreement, or 21 contract to retire the principal or pay interest on bonds, 22 notes, debentures or other financial instruments which 23 evidence indebtedness. 24 (Source: P.A. 86-957; 86-1475; 88-455; revised 10-28-98.) 25 (35 ILCS 200/18-185) 26 Sec. 18-185. Short title; definitions. This Division 5 27Section and Sections 18-190 through 18-245may be cited as 28 the Property Tax Extension Limitation Law. As used in this 29 Division 5Sections 18-190 through 18-245: 30 "Consumer Price Index" means the Consumer Price Index for 31 All Urban Consumers for all items published by the United 32 States Department of Labor. SB745 Engrossed -343- LRB9101253EGfg 1 "Extension limitation" means (a) the lesser of 5% or the 2 percentage increase in the Consumer Price Index during the 3 12-month calendar year preceding the levy year or (b) the 4 rate of increase approved by voters under Section 18-205. 5 "Affected county" means a county of 3,000,000 or more 6 inhabitants or a county contiguous to a county of 3,000,000 7 or more inhabitants. 8 "Taxing district" has the same meaning provided in 9 Section 1-150, except as otherwise provided in this Section. 10 For the 1991 through 1994 levy years only, "taxing district" 11 includes only each non-home rule taxing district having the 12 majority of its 1990 equalized assessed value within any 13 county or counties contiguous to a county with 3,000,000 or 14 more inhabitants. Beginning with the 1995 levy year, "taxing 15 district" includes only each non-home rule taxing district 16 subject to this Law before the 1995 levy year and each 17 non-home rule taxing district not subject to this Law before 18 the 1995 levy year having the majority of its 1994 equalized 19 assessed value in an affected county or counties. Beginning 20 with the levy year in which this Law becomes applicable to a 21 taxing district as provided in Section 18-213, "taxing 22 district" also includes those taxing districts made subject 23 to this Law as provided in Section 18-213. 24 "Aggregate extension" for taxing districts to which this 25 Law applied before the 1995 levy year means the annual 26 corporate extension for the taxing district and those special 27 purpose extensions that are made annually for the taxing 28 district, excluding special purpose extensions: (a) made for 29 the taxing district to pay interest or principal on general 30 obligation bonds that were approved by referendum; (b) made 31 for any taxing district to pay interest or principal on 32 general obligation bonds issued before October 1, 1991; (c) 33 made for any taxing district to pay interest or principal on 34 bonds issued to refund or continue to refund those bonds SB745 Engrossed -344- LRB9101253EGfg 1 issued before October 1, 1991; (d) made for any taxing 2 district to pay interest or principal on bonds issued to 3 refund or continue to refund bonds issued after October 1, 4 1991 that were approved by referendum; (e) made for any 5 taxing district to pay interest or principal on revenue bonds 6 issued before October 1, 1991 for payment of which a property 7 tax levy or the full faith and credit of the unit of local 8 government is pledged; however, a tax for the payment of 9 interest or principal on those bonds shall be made only after 10 the governing body of the unit of local government finds that 11 all other sources for payment are insufficient to make those 12 payments; (f) made for payments under a building commission 13 lease when the lease payments are for the retirement of bonds 14 issued by the commission before October 1, 1991, to pay for 15 the building project; (g) made for payments due under 16 installment contracts entered into before October 1, 1991; 17 (h) made for payments of principal and interest on bonds 18 issued under the Metropolitan Water Reclamation District Act 19 to finance construction projects initiated before October 1, 20 1991; (i) made for payments of principal and interest on 21 limited bonds, as defined in Section 3 of the Local 22 Government Debt Reform Act, in an amount not to exceed the 23 debt service extension base less the amount in items (b), 24 (c), (e), and (h) of this definition for non-referendum 25 obligations, except obligations initially issued pursuant to 26 referendum; (j) made for payments of principal and interest 27 on bonds issued under Section 15 of the Local Government Debt 28 Reform Act; and (k) made by a school district that 29 participates in the Special Education District of Lake 30 County, created by special education joint agreement under 31 Section 10-22.31 of the School Code, for payment of the 32 school district's share of the amounts required to be 33 contributed by the Special Education District of Lake County 34 to the Illinois Municipal Retirement Fund under Article 7 of SB745 Engrossed -345- LRB9101253EGfg 1 the Illinois Pension Code; the amount of any extension under 2 this item (k) shall be certified by the school district to 3 the county clerk. 4 "Aggregate extension" for the taxing districts to which 5 this Law did not apply before the 1995 levy year (except 6 taxing districts subject to this Law in accordance with 7 Section 18-213) means the annual corporate extension for the 8 taxing district and those special purpose extensions that are 9 made annually for the taxing district, excluding special 10 purpose extensions: (a) made for the taxing district to pay 11 interest or principal on general obligation bonds that were 12 approved by referendum; (b) made for any taxing district to 13 pay interest or principal on general obligation bonds issued 14 before March 1, 1995; (c) made for any taxing district to pay 15 interest or principal on bonds issued to refund or continue 16 to refund those bonds issued before March 1, 1995; (d) made 17 for any taxing district to pay interest or principal on bonds 18 issued to refund or continue to refund bonds issued after 19 March 1, 1995 that were approved by referendum; (e) made for 20 any taxing district to pay interest or principal on revenue 21 bonds issued before March 1, 1995 for payment of which a 22 property tax levy or the full faith and credit of the unit of 23 local government is pledged; however, a tax for the payment 24 of interest or principal on those bonds shall be made only 25 after the governing body of the unit of local government 26 finds that all other sources for payment are insufficient to 27 make those payments; (f) made for payments under a building 28 commission lease when the lease payments are for the 29 retirement of bonds issued by the commission before March 1, 30 1995 to pay for the building project; (g) made for payments 31 due under installment contracts entered into before March 1, 32 1995; (h) made for payments of principal and interest on 33 bonds issued under the Metropolitan Water Reclamation 34 District Act to finance construction projects initiated SB745 Engrossed -346- LRB9101253EGfg 1 before October 1, 1991; (i) made for payments of principal 2 and interest on limited bonds, as defined in Section 3 of the 3 Local Government Debt Reform Act, in an amount not to exceed 4 the debt service extension base less the amount in items (b), 5 (c), and (e) of this definition for non-referendum 6 obligations, except obligations initially issued pursuant to 7 referendum and bonds described in subsection (h) of this 8 definition; (j) made for payments of principal and interest 9 on bonds issued under Section 15 of the Local Government Debt 10 Reform Act; (k) made for payments of principal and interest 11 on bonds authorized by Public Act 88-503 and issued under 12 Section 20a of the Chicago Park District Act for aquarium or 13 museum projects; and (l) made for payments of principal and 14 interest on bonds authorized by Public Act 87-1191 and issued 15 under Section 42 of the Cook County Forest Preserve District 16 Act for zoological park projects. 17 "Aggregate extension" for all taxing districts to which 18 this Law applies in accordance with Section 18-213, except 19 for those taxing districts subject to paragraph (2) of 20 subsection (e) of Section 18-213, means the annual corporate 21 extension for the taxing district and those special purpose 22 extensions that are made annually for the taxing district, 23 excluding special purpose extensions: (a) made for the taxing 24 district to pay interest or principal on general obligation 25 bonds that were approved by referendum; (b) made for any 26 taxing district to pay interest or principal on general 27 obligation bonds issued before the date on which the 28 referendum making this Law applicable to the taxing district 29 is held; (c) made for any taxing district to pay interest or 30 principal on bonds issued to refund or continue to refund 31 those bonds issued before the date on which the referendum 32 making this Law applicable to the taxing district is held; 33 (d) made for any taxing district to pay interest or principal 34 on bonds issued to refund or continue to refund bonds issued SB745 Engrossed -347- LRB9101253EGfg 1 after the date on which the referendum making this Law 2 applicable to the taxing district is held if the bonds were 3 approved by referendum after the date on which the referendum 4 making this Law applicable to the taxing district is held; 5 (e) made for any taxing district to pay interest or principal 6 on revenue bonds issued before the date on which the 7 referendum making this Law applicable to the taxing district 8 is held for payment of which a property tax levy or the full 9 faith and credit of the unit of local government is pledged; 10 however, a tax for the payment of interest or principal on 11 those bonds shall be made only after the governing body of 12 the unit of local government finds that all other sources for 13 payment are insufficient to make those payments; (f) made for 14 payments under a building commission lease when the lease 15 payments are for the retirement of bonds issued by the 16 commission before the date on which the referendum making 17 this Law applicable to the taxing district is held to pay for 18 the building project; (g) made for payments due under 19 installment contracts entered into before the date on which 20 the referendum making this Law applicable to the taxing 21 district is held; (h) made for payments of principal and 22 interest on limited bonds, as defined in Section 3 of the 23 Local Government Debt Reform Act, in an amount not to exceed 24 the debt service extension base less the amount in items (b), 25 (c), and (e) of this definition for non-referendum 26 obligations, except obligations initially issued pursuant to 27 referendum; (i) made for payments of principal and interest 28 on bonds issued under Section 15 of the Local Government Debt 29 Reform Act; and (j) made for a qualified airport authority to 30 pay interest or principal on general obligation bonds issued 31 for the purpose of paying obligations due under, or financing 32 airport facilities required to be acquired, constructed, 33 installed or equipped pursuant to, contracts entered into 34 before March 1, 1996 (but not including any amendments to SB745 Engrossed -348- LRB9101253EGfg 1 such a contract taking effect on or after that date). 2 "Aggregate extension" for all taxing districts to which 3 this Law applies in accordance with paragraph (2) of 4 subsection (e) of Section 18-213 means the annual corporate 5 extension for the taxing district and those special purpose 6 extensions that are made annually for the taxing district, 7 excluding special purpose extensions: (a) made for the taxing 8 district to pay interest or principal on general obligation 9 bonds that were approved by referendum; (b) made for any 10 taxing district to pay interest or principal on general 11 obligation bonds issued before the effective date of this 12 amendatory Act of 1997; (c) made for any taxing district to 13 pay interest or principal on bonds issued to refund or 14 continue to refund those bonds issued before the effective 15 date of this amendatory Act of 1997; (d) made for any taxing 16 district to pay interest or principal on bonds issued to 17 refund or continue to refund bonds issued after the effective 18 date of this amendatory Act of 1997 if the bonds were 19 approved by referendum after the effective date of this 20 amendatory Act of 1997; (e) made for any taxing district to 21 pay interest or principal on revenue bonds issued before the 22 effective date of this amendatory Act of 1997 for payment of 23 which a property tax levy or the full faith and credit of the 24 unit of local government is pledged; however, a tax for the 25 payment of interest or principal on those bonds shall be made 26 only after the governing body of the unit of local government 27 finds that all other sources for payment are insufficient to 28 make those payments; (f) made for payments under a building 29 commission lease when the lease payments are for the 30 retirement of bonds issued by the commission before the 31 effective date of this amendatory Act of 1997 to pay for the 32 building project; (g) made for payments due under installment 33 contracts entered into before the effective date of this 34 amendatory Act of 1997; (h) made for payments of principal SB745 Engrossed -349- LRB9101253EGfg 1 and interest on limited bonds, as defined in Section 3 of the 2 Local Government Debt Reform Act, in an amount not to exceed 3 the debt service extension base less the amount in items (b), 4 (c), and (e) of this definition for non-referendum 5 obligations, except obligations initially issued pursuant to 6 referendum; (i) made for payments of principal and interest 7 on bonds issued under Section 15 of the Local Government Debt 8 Reform Act; and (j) made for a qualified airport authority to 9 pay interest or principal on general obligation bonds issued 10 for the purpose of paying obligations due under, or financing 11 airport facilities required to be acquired, constructed, 12 installed or equipped pursuant to, contracts entered into 13 before March 1, 1996 (but not including any amendments to 14 such a contract taking effect on or after that date). 15 "Debt service extension base" means an amount equal to 16 that portion of the extension for a taxing district for the 17 1994 levy year, or for those taxing districts subject to this 18 Law in accordance with Section 18-213, except for those 19 subject to paragraph (2) of subsection (e) of Section 18-213, 20 for the levy year in which the referendum making this Law 21 applicable to the taxing district is held, or for those 22 taxing districts subject to this Law in accordance with 23 paragraph (2) of subsection (e) of Section 18-213 for the 24 1996 levy year, constituting an extension for payment of 25 principal and interest on bonds issued by the taxing district 26 without referendum, but not including (i) bonds authorized by 27 Public Act 88-503 and issued under Section 20a of the Chicago 28 Park District Act for aquarium and museum projects; (ii) 29 bonds issued under Section 15 of the Local Government Debt 30 Reform Act; or (iii) refunding obligations issued to refund 31 or to continue to refund obligations initially issued 32 pursuant to referendum. The debt service extension base may 33 be established or increased as provided under Section 18-212. 34 "Special purpose extensions" include, but are not limited SB745 Engrossed -350- LRB9101253EGfg 1 to, extensions for levies made on an annual basis for 2 unemployment and workers' compensation, self-insurance, 3 contributions to pension plans, and extensions made pursuant 4 to Section 6-601 of the Illinois Highway Code for a road 5 district's permanent road fund whether levied annually or 6 not. The extension for a special service area is not 7 included in the aggregate extension. 8 "Aggregate extension base" means the taxing district's 9 last preceding aggregate extension as adjusted under Sections 10 18-215 through 18-230. 11 "Levy year" has the same meaning as "year" under Section 12 1-155. 13 "New property" means (i) the assessed value, after final 14 board of review or board of appeals action, of new 15 improvements or additions to existing improvements on any 16 parcel of real property that increase the assessed value of 17 that real property during the levy year multiplied by the 18 equalization factor issued by the Department under Section 19 17-30 and (ii) the assessed value, after final board of 20 review or board of appeals action, of real property not 21 exempt from real estate taxation, which real property was 22 exempt from real estate taxation for any portion of the 23 immediately preceding levy year, multiplied by the 24 equalization factor issued by the Department under Section 25 17-30. In addition, the county clerk in a county containing 26 a population of 3,000,000 or more shall include in the 1997 27 recovered tax increment value for any school district, any 28 recovered tax increment value that was applicable to the 1995 29 tax year calculations. 30 "Qualified airport authority" means an airport authority 31 organized under the Airport Authorities Act and located in a 32 county bordering on the State of Wisconsin and having a 33 population in excess of 200,000 and not greater than 500,000. 34 "Recovered tax increment value" means the amount of the SB745 Engrossed -351- LRB9101253EGfg 1 current year's equalized assessed value, in the first year 2 after a municipality terminates the designation of an area as 3 a redevelopment project area previously established under the 4 Tax Increment Allocation Development Act in the Illinois 5 Municipal Code, previously established under the Industrial 6 Jobs Recovery Law in the Illinois Municipal Code, or 7 previously established under the Economic Development Area 8 Tax Increment Allocation Act, of each taxable lot, block, 9 tract, or parcel of real property in the redevelopment 10 project area over and above the initial equalized assessed 11 value of each property in the redevelopment project area. 12 For the taxes which are extended for the 1997 levy year, the 13 recovered tax increment value for a non-home rule taxing 14 district that first became subject to this Law for the 1995 15 levy year because a majority of its 1994 equalized assessed 16 value was in an affected county or counties shall be 17 increased if a municipality terminated the designation of an 18 area in 1993 as a redevelopment project area previously 19 established under the Tax Increment Allocation Development 20 Act in the Illinois Municipal Code, previously established 21 under the Industrial Jobs Recovery Law in the Illinois 22 Municipal Code, or previously established under the Economic 23 Development Area Tax Increment Allocation Act, by an amount 24 equal to the 1994 equalized assessed value of each taxable 25 lot, block, tract, or parcel of real property in the 26 redevelopment project area over and above the initial 27 equalized assessed value of each property in the 28 redevelopment project area. 29 Except as otherwise provided in this Section, "limiting 30 rate" means a fraction the numerator of which is the last 31 preceding aggregate extension base times an amount equal to 32 one plus the extension limitation defined in this Section and 33 the denominator of which is the current year's equalized 34 assessed value of all real property in the territory under SB745 Engrossed -352- LRB9101253EGfg 1 the jurisdiction of the taxing district during the prior levy 2 year. For those taxing districts that reduced their 3 aggregate extension for the last preceding levy year, the 4 highest aggregate extension in any of the last 3 preceding 5 levy years shall be used for the purpose of computing the 6 limiting rate. The denominator shall not include new 7 property. The denominator shall not include the recovered 8 tax increment value. 9 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95; 10 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff. 11 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485, 12 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99; 13 90-616, eff. 7-10-98; 90-655, eff. 7-30-98; revised 14 10-28-98.) 15 (35 ILCS 200/18-246) 16 Sec. 18-246. Short title; definitions. This Division 17 5.1Section and Sections 18-247 through 18-249.5may be cited 18 as the One-year Property Tax Extension Limitation Law. 19 As used in this Division 5.1Sections 18-246 through2018-249.5: 21 "Taxing district" has the same meaning provided in 22 Section 1-150, except that it includes only each non-home 23 rule taxing district with the majority of its 1993 equalized 24 assessed value contained in one or more affected counties, as 25 defined in Section 18-185, other than those taxing districts 26 subject to the Property Tax Extension Limitation Law before 27 the effective date of this amendatory Act of 1995. 28 "Aggregate extension" means the annual corporate 29 extension for the taxing district and those special purpose 30 extensions that are made annually for the taxing district, 31 excluding special purpose extensions: (a) made for the taxing 32 district to pay interest or principal on general obligation 33 bonds that were approved by referendum; (b) made for any SB745 Engrossed -353- LRB9101253EGfg 1 taxing district to pay interest or principal on general 2 obligation bonds issued before March 1, 1995; (c) made for 3 any taxing district to pay interest or principal on bonds 4 issued to refund or continue to refund those bonds issued 5 before March 1, 1995; (d) made for any taxing district to pay 6 interest or principal on bonds issued to refund or continue 7 to refund bonds issued after March 1, 1995 that were approved 8 by referendum; (e) made for any taxing district to pay 9 interest or principal on revenue bonds issued before March 1, 10 1995 for payment of which a property tax levy or the full 11 faith and credit of the unit of local government is pledged; 12 however, a tax for the payment of interest or principal on 13 those bonds shall be made only after the governing body of 14 the unit of local government finds that all other sources for 15 payment are insufficient to make those payments; (f) made for 16 payments under a building commission lease when the lease 17 payments are for the retirement of bonds issued by the 18 commission before March 1, 1995, to pay for the building 19 project; (g) made for payments due under installment 20 contracts entered into before March 1, 1995; and (h) made for 21 payments of principal and interest on bonds issued under the 22 Metropolitan Water Reclamation District Act to finance 23 construction projects initiated before October 1, 1991. 24 "Special purpose extensions" includes, but is not limited 25 to, extensions for levies made on an annual basis for 26 unemployment compensation, workers' compensation, 27 self-insurance, contributions to pension plans, and 28 extensions made under Section 6-601 of the Illinois Highway 29 Code for a road district's permanent road fund, whether 30 levied annually or not. The extension for a special service 31 area is not included in the aggregate extension. 32 "Aggregate extension base" means the taxing district's 33 aggregate extension for the 1993 levy year as adjusted under 34 Section 18-248. SB745 Engrossed -354- LRB9101253EGfg 1 "Levy year" has the same meaning as "year" under Section 2 1-155. 3 "New property" means (i) the assessed value, after final 4 board of review or board of appeals action, of new 5 improvements or additions to existing improvements on any 6 parcel of real property that increase the assessed value of 7 that real property during the levy year multiplied by the 8 equalization factor issued by the Department under Section 9 17-30 and (ii) the assessed value, after final board of 10 review or board of appeals action, of real property not 11 exempt from real estate taxation, which real property was 12 exempt from real estate taxation for any portion of the 13 immediately preceding levy year, multiplied by the 14 equalization factor issued by the Department under Section 15 17-30. 16 "Recovered tax increment value" means the amount of the 17 1994 equalized assessed value, in the first year after a city 18 terminates the designation of an area as a redevelopment 19 project area previously established under the Tax Increment 20 Allocation Development Act of the Illinois Municipal Code or 21 previously established under the Industrial Jobs Recovery Law 22 of the Illinois Municipal Code, or previously established 23 under the Economic Development Area Tax Increment Allocation 24 Act, of each taxable lot, block, tract, or parcel of real 25 property in the redevelopment project area over and above the 26 initial equalized assessed value of each property in the 27 redevelopment project area. 28 Except as otherwise provided in this Section, "limiting 29 rate" means a fraction the numerator of which is the 30 aggregate extension base times 1.05 and the denominator of 31 which is the 1994 equalized assessed value of all real 32 property in the territory under the jurisdiction of the 33 taxing district during the 1993 levy year. The denominator 34 shall not include new property and shall not include the SB745 Engrossed -355- LRB9101253EGfg 1 recovered tax increment value. 2 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95; 3 89-436, eff. 1-1-96; revised 10-28-98.) 4 (35 ILCS 200/19-5) 5 Sec. 19-5. Township collector's bond and oath. Each 6 township collector, before entering upon the duties of 7 office, shall execute a bond, with surety or sureties to be 8 approved by the supervisor and the township clerk. The bond 9 shall be given for a sum equal to 160% of the largest amount 10 of taxes collected by that officer or predecessor in office 11 in any one year during the preceding 5 years if individuals 12 act as sureties, or equal to 110% of such largest amount if 13 the security is given by a surety company authorized to do 14 business in this state, estimated by the supervisor and 15 township clerk, that will be in his or her custody or 16 control at any one time. Signatures to such bond, signed with 17 a mark, shall be witnessed, but in no other case shall 18 witness be required. The bond shall be substantially in the 19 following form: 20 We A. B. of the .... of .... in the County of .... in the 21 State of Illinois, as township collector, and C. D. and E. F. 22 of that county and State, as securities, are obligated to the 23 People of the State of Illinois, in the penal sum of $.... 24 for the payment of which, we obligate ourselves, our heirs, 25 executors and administrators, successors and assigns. Signed 26 on (insert date).this .... day of .... 19...27 The condition of the foregoing bond is such, that if the 28 above obligated A. B. performs all the duties required to be 29 performed as collector of the taxes for the year (insert 30 year)19..,in the township of .... in the county of ...., 31 Illinois, in the time and manner prescribed by law, and when 32 he or she shall be succeeded in office, shall surrender and 33 deliver over to his or her successor in office all books, SB745 Engrossed -356- LRB9101253EGfg 1 papers and moneys pertaining to the office, except as 2 hereinafter provided, then the foregoing bond to be void; 3 otherwise to remain in full force. 4 It is expressly understood and intended that the 5 obligation of the above named sureties shall not extend to 6 any loss sustained by the insolvency, failure or closing of 7 any bank or trust company organized and operating either 8 under the laws of the State of Illinois or the United States 9 wherein the collector has placed the funds in his or her 10 custody or control, or any part thereof. 11 A. B. ....(Signature) 12 C. D. ....(Signature) 13 E. F. ....(Signature) 14 He or she shall also take and subscribe an oath, to be 15 endorsed on the back of the bond, substantially as follows: 16 I do solemnly swear that I will support the constitution 17 of the United States, and the constitution of the State of 18 Illinois, and that I will faithfully discharge the duties of 19 the office of township collector, according to the best of my 20 ability. 21 (Source: P.A. 84-551; 88-455; revised 10-20-98.) 22 (35 ILCS 200/19-40) 23 Sec. 19-40. County collector's bond and oath. Each 24 county collector as soon as elected and qualified and before 25 entering upon the duties of office as collector, in addition 26 to the bond as treasurer, shall furnish a bond in such 27 penalty and with such security as the county board considers 28 sufficient. In counties with 3,000,000 or more inhabitants, 29 the bond shall be in a penal sum of not less than 30 $1,500,000. The signatures to the bond, signed by a mark, 31 shall be witnessed, but in no other case shall witness be 32 required. The bond shall be substantially in the following 33 form: SB745 Engrossed -357- LRB9101253EGfg 1 Know All Men by These Presents, that we, A. B. collector, 2 and C. D. and E. F. securities, all of the county of .... and 3 State of Illinois, are held and firmly bound unto the People 4 of the State of Illinois, in the penal sum of .... dollars, 5 for the payment of which, well and truly to be made, we bind 6 ourselves, each of us, our heirs, executors and 7 administrators, successors and assigns, firmly by these 8 presents. 9 Signed and sealed on (insert date).this .... day of ....1019...11 The condition of the foregoing bond is such that if the 12 above bound A.B. performs all the duties required to be 13 performed as collector of the taxes in the county of ...., in 14 the State of Illinois, in the time and manner prescribed by 15 law, and when succeeded in office, shall surrender and 16 deliver to his or her successor in office, all books, papers 17 and moneys appertaining to the office, except as hereinafter 18 provided, then the foregoing bond to be void; otherwise to 19 remain in full force. 20 It is expressly understood and intended that the 21 obligation of the above named sureties shall not extend to 22 any loss sustained by the insolvency, failure or closing of 23 any bank or trust company organized and operating either 24 under the laws of the State of Illinois, or the United States 25 wherein the collector has placed the funds in his or her 26 custody or control, or any part thereof. 27 A. B. ....(SEAL) 28 C. D. ....(SEAL) 29 E. F. ....(SEAL) 30 He or she shall also take and subscribe an oath, to be 31 endorsed on the back of the bond substantially as follows: 32 I do solemnly swear that I will support the Constitution 33 of the State of Illinois, and that I will faithfully 34 discharge the duties of the office of county collector SB745 Engrossed -358- LRB9101253EGfg 1 according to the best of my ability. 2 (Source: P.A. 76-2254; 88-455; revised 10-20-98.) 3 (35 ILCS 200/20-50) 4 Sec. 20-50. Payment to taxing districts by township 5 collectors. Township collectors; intermediate settlements. 6 (a) Township collectors shall, every 30 days, when 7 required to do so by the proper authorities of incorporated 8 towns, cities, villages, and road and school districts for 9 which any tax is collected, render to those authorities a 10 statement of the amount of each kind of tax collected for the 11 entity and the amount paid under protest. At the same time, 12 subject to Sections 3.1-35-60 through 3.1-35-80 of the 13 Illinois Municipal Code, the collectors shall pay over to the 14 authorities the amount of all taxes shown to be collected, 15 other than those paid under protest. The payments shall be 16 made as directed in the warrant attached to the collector's 17 books. 18 (b) Township collectors shall, every 30 days, render a 19 similar account of county taxes, to the county collector, and 20 at the same time, the collectors shall pay over the amount 21 collected to the county collector. 22 (c) Each township collector shall make final settlement 23 for all taxes charged in the tax books at or before the time 24 fixed in Section 20-55. In making the settlements, the 25 collectors shall be entitled to credit for the amount 26 uncollected on the tax books as determined by the settlement 27 with the county collector. 28 (d) The officer to whom any moneys are paid under this 29 Section shall deliver to the collector duplicate receipts for 30 those payments. 31 (Source: P.A. 87-1119; 88-455; revised 10-31-98.) 32 (35 ILCS 200/20-155) SB745 Engrossed -359- LRB9101253EGfg 1 Sec. 20-155. Failure to report and pay; suit on 2 collector's bond. If any county collector fails to make the 3 reports and payments required by this Code, for 5 days after 4 the time specified for that purpose, or after demand made 5 under Section 20-150, suit may be brought on the collector's 6 bond. Taxing districts or persons aggrieved, may prosecute 7 suit against any collector or other officer collecting or 8 receiving funds for their use, by suit upon the bond, in the 9 name of the People of the State of Illinois, for their use, 10 in the circuit court. 11 (Source: P.A. 78-592; 88-455; revised 10-31-98.) 12 (35 ILCS 200/21-35) 13 Sec. 21-35. Estimated billing in overlapping districts. 14 In counties with less than 3,000,000 inhabitants, when the 15 certified assessed valuations for that portion of overlapping 16 taxing districts lying in another county for the preceding 17 year have not been received by the county clerk by March 1,,18 the county board, upon petition of the county clerk, may by 19 resolution or ordinance adopted on or prior to April 1 of 20 that year, adopt the estimated property tax billing system 21 provided for in this Section for taxes for the preceding 22 year. The resolution or ordinance shall be effective only 23 for the year in which it is adopted. 24 When authorized by the county board to use the estimated 25 property tax billing system, the county clerk shall estimate 26 the assessed valuations for the other counties in the 27 overlapping taxing districts from which certified assessed 28 valuations for the preceding year have not been received by 29 March 1. The estimated assessed valuations shall, for 30 purposes of computing the first installment tax billing in 31 the current year, be treated in the same manner as certified 32 assessed valuations. Where estimated assessed valuations are 33 used, the first installment billing shall be prepared and SB745 Engrossed -360- LRB9101253EGfg 1 mailed on or before May 1. 2 The county clerk shall make adjustments in the 3 assessments, based on the actual certified assessed 4 valuations later received from the other counties, and such 5 adjustments shall be included in the tax billings for the 6 second installment. A county using the estimated billing 7 system shall complete and mail the adjusted second 8 installment tax billing on or before August 1. 9 (Source: P.A. 80-583; 88-455; revised 3-12-98.) 10 (35 ILCS 200/21-195) 11 Sec. 21-195. Examination of record; certificate of 12 correctness. On the day advertised for sale, the county 13 clerk, assisted by the collector, shall examine the list upon 14 which judgment has been entered and ascertain that all 15 payments have been properly noted thereon. The county clerk 16 shall make a certificate to be entered on the record, 17 following the order of court that the record is correct, and 18 that judgment was entered upon the property therein mentioned 19 for the taxes, interest and costs due thereon. The 20 certificate shall be attested by the circuit court clerk 21 under seal of the court and shall be the process on which the 22 property or any interest therein shall be sold for taxes, 23 special assessments, interest and costs due thereon, and may 24 be substantially in the following form: 25 State of Illinois County of ..... 26 I, ...., clerk of the circuit court, in and for the 27 county of ...., do hereby certify that the foregoing is a 28 true and correct record of the delinquent property in the 29 county, against which judgment and order of sale was duly 30 entered in the circuit court for the county, on (insert 31 date),the .... day of ...., 19..,for the amount of the 32 taxes, special assessments, interest and costs due severally 33 thereon as therein set forth, and that the judgment and order SB745 Engrossed -361- LRB9101253EGfg 1 of court in relation thereto fully appears on the record. 2 Dated (insert date)......3 (Source: P.A. 83-343; 88-455; revised 10-20-98.) 4 (35 ILCS 200/21-310) 5 Sec. 21-310. Sales in error. 6 (a) When, upon application of the county collector, tax 7 purchaser, or a municipality which owns or has owned the 8 property ordered sold, it appears to the satisfaction of the 9 court which ordered the property sold that any of the 10 following subsections are applicable, the court shall declare 11 the sale to be a sale in error: 12 (1) the property was not subject to taxation, 13 (2) the taxes or special assessments had been paid 14 prior to the sale of the property, 15 (3) there is a double assessment, 16 (4) the description is void for uncertainty, 17 (5) the assessor, chief county assessment officer, 18 board of review, or board of appeals has made an error 19 (other than an error of judgment as to the value of any 20 property), or 21 (6) prior to the tax sale a voluntary or 22 involuntary petition has been filed by or against the 23 legal or beneficial owner of the property requesting 24 relief under the provisions of 11 U.S.C. Chapter 7, 11, 25 12, or 13. 26 (b) When, upon application of the tax purchaser or his 27 or her assignee only, it appears to the satisfaction of the 28 court which ordered the property sold that any of the 29 following subsections are applicable, the court shall declare 30 a sale in error: 31 (1) A voluntary or involuntary petition under the 32 provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been 33 filed subsequent to the tax sale and prior to the SB745 Engrossed -362- LRB9101253EGfg 1 issuance of the tax deed. 2 (2) The improvements upon the property sold have 3 been substantially destroyed or rendered uninhabitable or 4 otherwise unfit for occupancy subsequent to the tax sale 5 and prior to the issuance of the tax deed. 6 (3) There is an interest held by the United States 7 in the property sold which could not be extinguished by 8 the tax deed. 9 (4) The real property contains a hazardous 10 substance, hazardous waste, or underground storage tank 11 that would require cleanup or other removal under any 12 federal, State, or local law, ordinance, or regulation, 13 only if the tax purchaser purchased the property without 14 actual knowledge of the hazardous substance, hazardous 15 waste, or underground storage tank. This paragraph (4) 16 applies only to tax purchases occurring after January 1, 17 1990 and if the tax purchaser or his or her assignee has 18 made application for a sale in error at any time before 19 the issuance of a tax deed. 20 If a sale is declared to be a sale in error, the county 21 clerk shall make entry in the tax judgment, sale, redemption 22 and forfeiture record, that the property was erroneously 23 sold, and the county collector shall, on demand of the owner 24 of the certificate of purchase, refund the amount paid, pay 25 any interest and costs as may be ordered under Sections 26 21-315 through 21-335, and cancel the certificate so far as 27 it relates to the property. The county collector shall deduct 28 from the accounts of the appropriate taxing bodies their pro 29 rata amounts paid. 30 (Source: P.A. 88-455; 88-676, eff. 12-14-94; revised 31 10-31-98.) 32 (35 ILCS 200/22-5) 33 Sec. 22-5. Notice of sale and redemption rights. In SB745 Engrossed -363- LRB9101253EGfg 1 order to be entitled to a tax deed, within 4 months and 15 2 days after any sale held under this Code, the purchaser or 3 his or her assignee shall deliver to the county clerk a 4 notice to be given to the party in whose name the taxes are 5 last assessed as shown by the most recent tax collector's 6 warrant books, in at least 10 point type in the following 7 form completely filled in: 8 TAKE NOTICE 9 County of ............................................... 10 Date Premises Sold ...................................... 11 Certificate No. ......................................... 12 Sold for General Taxes of (year) ........................ 13 Sold for Special Assessment of (Municipality) 14 and special assessment number ........................... 15 Warrant No. ............... Inst. No. ................. 16 THIS PROPERTY HAS BEEN SOLD FOR 17 DELINQUENT TAXES 18 Property located at ......................................... 19 Legal Description or Permanent Index No. .................... 20 ............................................................. 21 ............................................................. 22 This notice is to advise you that the above property has 23 been sold for delinquent taxes and that the period of 24 redemption from the sale will expire on ..................... 25 This notice is also to advise you that a petition will be 26 filed for a tax deed which will transfer title and the right 27 to possession of this property if redemption is not made on 28 or before ................................................... 29 At the date of this notice the total amount which you 30 must pay in order to redeem the above property is ........... 31 YOU ARE URGED TO REDEEM IMMEDIATELY TO 32 PREVENT LOSS OF PROPERTY 33 Redemption can be made at any time on or before .... by 34 applying to the County Clerk of ....,County, Illinois at the SB745 Engrossed -364- LRB9101253EGfg 1 County Court House in ...., Illinois. 2 The above amount is subject to increase at 6 month 3 intervals from the date of sale. Check with the county clerk 4 as to the exact amount you owe before redeeming. Payment 5 must be made by certified check, cashier's check, money 6 order, or in cash. 7 For further information contact the County Clerk. 8 ............................... 9 Purchaser or Assignee 10 Dated (insert date).this .... day of .... ... 19....11 Within 10 days after receipt of said notice, the county 12 clerk shall mail to the addresses supplied by the purchaser 13 or assignee, by registered or certified mail, copies of said 14 notice to the party in whose name the taxes are last assessed 15 as shown by the most recent tax collector's warrant books. 16 The purchaser or assignee shall pay to the clerk postage plus 17 the sum of $10. The clerk shall write or stamp the date of 18 receiving the notices upon the copies of the notices, and 19 retain one copy. 20 (Source: P.A. 88-455; 89-538, eff. 1-1-97; revised 10-20-98.) 21 (35 ILCS 200/22-10) 22 Sec. 22-10. Notice of expiration of period of 23 redemption. A purchaser or assignee shall not be entitled to 24 a tax deed to the property sold unless, not less than 3 25 months nor more than 5 months prior to the expiration of the 26 period of redemption, he or she gives notice of the sale and 27 the date of expiration of the period of redemption to the 28 owners, occupants and parties interested in the property as 29 provided below. 30 The Notice to be given to the parties shall be in at 31 least 10 point type in the following form completely filled 32 in: 33 TAX DEED NO. .................... FILED .................... SB745 Engrossed -365- LRB9101253EGfg 1 TAKE NOTICE 2 County of ............................................... 3 Date Premises Sold ...................................... 4 Certificate No. ........................................ 5 Sold for General Taxes of (year) ........................ 6 Sold for Special Assessment of (Municipality) 7 and special assessment number ........................... 8 Warrant No. ................ Inst. No. ................. 9 THIS PROPERTY HAS BEEN SOLD FOR 10 DELINQUENT TAXES 11 Property located at ......................................... 12 Legal Description or Property Index No. ..................... 13 ............................................................. 14 ............................................................. 15 This notice is to advise you that the above property has 16 been sold for delinquent taxes and that the period of 17 redemption from the sale will expire on ..................... 18 ............................................................. 19 The amount to redeem is subject to increase at 6 month 20 intervals from the date of sale and may be further increased 21 if the purchaser at the tax sale or his or her assignee pays 22 any subsequently accruing taxes or special assessments to 23 redeem the property from subsequent forfeitures or tax sales. 24 Check with the county clerk as to the exact amount you owe 25 before redeeming. 26 This notice is also to advise you that a petition has 27 been filed for a tax deed which will transfer title and the 28 right to possession of this property if redemption is not 29 made on or before ........................................... 30 This matter is set for hearing in the Circuit Court of 31 this county in ...., Illinois on ..... 32 You may be present at this hearing but your right to 33 redeem will already have expired at that time. 34 YOU ARE URGED TO REDEEM IMMEDIATELY SB745 Engrossed -366- LRB9101253EGfg 1 TO PREVENT LOSS OF PROPERTY 2 Redemption can be made at any time on or before .... by 3 applying to the County Clerk of ...., County, Illinois at the 4 County Court House in ...., Illinois. 5 For further information contact the County Clerk. 6 7 .......................... 8 Purchaser or Assignee. 9 In counties with 3,000,000 or more inhabitants, the 10 notice shall also state the address, room number and time at 11 which the matter is set for hearing. 12 This amendatory Act of 1996 applies only to matters in 13 which a petition for tax deed is filed on or after the 14 effective date of this amendatory Act of 1996. 15 (Source: P.A. 88-455; 89-686, eff. 6-1-97; revised 10-31-98.) 16 (35 ILCS 200/22-65) 17 Sec. 22-65. Form of deed. A tax deed executed by the 18 county clerk under the official seal of the county shall be 19 recorded in the same manner as other conveyances of property, 20 and vests in the grantee, his or her heirs and assigns, the 21 title of the property therein described without further 22 acknowledgment or evidence of the conveyance. The conveyance 23 shall be substantially in the following form: 24 State of Illinois) 25 ) ss. 26 County of .......) 27 At a public sale of property for the nonpayment of taxes, 28 held in the county above stated, on (insert date),19..,the 29 following described property was sold: (here place 30 description of property conveyed). The property not having 31 been redeemed from the sale, and it appearing that the holder 32 of the certificate of purchase of the property has complied 33 with the laws of the State of Illinois necessary to entitle SB745 Engrossed -367- LRB9101253EGfg 1 (insert him, her or them) to a deed of the property: I ...., 2 county clerk of the county of ...., in consideration of the 3 property and by virtue of the statutes of the State of 4 Illinois in such cases provided, grant and convey to ...., 5 his or her heirs and assigns forever, the property described 6 above. 7 Dated (insert date).198 Signature of .................. County Clerk 9 Seal of County of ...., Illinois 10 (Source: P.A. 84-1308; 88-455; revised 10-20-98.) 11 (35 ILCS 200/22-80) 12 Sec. 22-80. Order of court setting aside tax deed; 13 payments to holder of deed. 14 (a) Any order of court vacating an order directing the 15 county clerk to issue a tax deed based upon a finding that 16 the property was not subject to taxation or special 17 assessment, or that the taxes or special assessments had been 18 paid prior to the sale of the property, or that the tax sale 19 was otherwise void, shall declare the tax sale to be a sale 20 in error pursuant to Section 21-31031-310of this Act. The 21 order shall direct the county collector to refund to the tax 22 deed grantee or his or her successors and assigns (or, if a 23 tax deed has not yet issued, the holder of the certificate) 24 the following amounts: 25 (1) all taxes and special assessments purchased, 26 paid, or redeemed by the tax purchaser or his or her 27 assignee, or by the tax deed grantee or his or her 28 successors and assigns, whether before or after entry of 29 the order for tax deed, with interest at the rate of 1% 30 per month from the date each amount was paid until the 31 date of payment pursuant to this Section; 32 (2) all costs paid and posted to the judgment 33 record and not included in paragraph (1) of this SB745 Engrossed -368- LRB9101253EGfg 1 subsection (a); and 2 (3) court reporter fees for the hearing on the 3 application for tax deed and transcript thereof, cost of 4 certification of tax deed order, cost of issuance of tax 5 deed, and cost of recording of tax deed. 6 (b) Except in those cases described in subsection (a) of 7 this Section, and unless the court on motion of the tax deed 8 petitioner extends the redemption period to a date not later 9 than 3 years from the date of sale, any order of court 10 finding that an order directing the county clerk to issue a 11 tax deed should be vacated shall direct the party who 12 successfully contested the entry of the order to pay to the 13 tax deed grantee or his or her successors and assigns (or, if 14 a tax deed has not yet issued, the holder of the certificate) 15 within 90 days after the date of the finding: 16 (1) the amount necessary to redeem the property 17 from the sale as of the last day of the period of 18 redemption, except that, if the sale is a scavenger sale 19 pursuant to Section 21-260 of this Act, the redemption 20 amount shall not include an amount equal to all 21 delinquent taxes on such property which taxes were 22 delinquent at the time of sale; and 23 (2) amounts in satisfaction of municipal liens paid 24 by the tax purchaser or his or her assignee, and the 25 amounts specified in paragraphs (1) and (3) of subsection 26 (a) of this Section, to the extent the amounts are not 27 included in paragraph (1) of this subsection (b). 28 If the payment is not made within the 90-day period, the 29 petition to vacate the order directing the county clerk to 30 issue a tax deed shall be denied with prejudice, and the 31 order directing the county clerk to issue a tax deed shall 32 remain in full force and effect. No final order vacating any 33 order directing the county clerk to issue a tax deed shall be 34 entered pursuant to this subsection (b) until the payment has SB745 Engrossed -369- LRB9101253EGfg 1 been made. 2 (Source: P.A. 88-455; 89-342, eff. 1-1-96; revised 3-12-98.) 3 (35 ILCS 200/22-90) 4 Sec. 22-90. Recording of certificate of purchase by 5 municipality. If any city, village or incorporated town, 6 interested in the collection of any special tax or 7 assessment, acquires a certificate of purchase at a tax sale, 8 it is not required to take out a deed, but may preserve its 9 lien under the certificate of purchase, beyond the period of 10 redemption, by recording the certificate of purchase or 11 evidence thereof within 1 year from the expiration of the 12 period of redemption or extended period of redemption, in the 13 office of the recorder of the county in which the property is 14 situated, or by presenting the certificate for registration 15 in the manner provided by law, to the registrar of titles in 16 the case of property registered under the Registered Titles 17 (Torrens) Act. The recorded certificate of purchase or the 18 evidence thereof shall contain language in substantially the 19 following form: 20 STATE OF ....) 21 )SS 22 COUNTY OF ...) 23 The following described property was sold to the (here 24 place name of city, village, or incorporated town), at a 25 public sale for the nonpayment of special taxes or 26 assessments in the above stated county, on (insert date),the27.... day of ...., 19 ..,to-wit: (here place property 28 description). The sale was for the delinquent special tax or 29 assessment (here place the special assessment warrant number 30 and installment). Unless payment or settlement is made at 31 the office of (here place proper city, village or 32 incorporated town officer), the municipality for which the 33 above lien or liens were created may at any time after SB745 Engrossed -370- LRB9101253EGfg 1 expiration of the period of redemption, sell and assign the 2 certificate of purchase. Either the municipality or its 3 assignee at any time after expiration of the period of 4 redemption may file a complaint to foreclose or bring an 5 action for the amount of the special tax or assessment due. 6 Dated (insert date).this .... day of ...., 19...7 ........................... 8 (Proper Officer) 9 (Source: P.A. 90-655, eff. 7-30-98; revised 10-20-98.) 10 (35 ILCS 200/23-35) 11 Sec. 23-35. Tax objection based on budget or 12 appropriation ordinance. Notwithstanding the provisions of 13 Section 23-10, no objection to any property tax levied by any 14 municipality shall be sustained by any court because of the 15 forms of any budget or appropriation ordinance, or the degree 16 of itemization or classification of items therein, or the 17 reasonableness of any amount budgeted or appropriated 18 thereby, if: 19 (a) a tentative budget and appropriation ordinance 20 was prepared at the direction of the governing body of 21 the municipality and made conveniently available to 22 public inspection for at least 30 days prior to the 23 public hearing specified below and to final action 24 thereon;.25 (b) at least one public hearing has been held by 26 the governing body as to the tentative budget and 27 appropriation ordinance prior to final action thereon, 28 and notice of the time and place where copies of the 29 tentative budget and appropriation ordinances are 30 available for public inspection, and the time and place 31 of the hearing, has been given by publication in a 32 newspaper published in the municipality at least 30 days 33 prior to the time of the hearing, or, if there is no SB745 Engrossed -371- LRB9101253EGfg 1 newspaper published in the municipality, notice of the 2 public hearing has been given by publication in a 3 newspaper of general circulation in the municipality; and 4 (c) the budget and appropriation ordinance finally 5 adopted is substantially identical, as to the matters to 6 which objection is made, with the tentative budget and 7 appropriation ordinance submitted at the public hearing, 8 unless the taxpayer making the objection has made the 9 same objection in writing and with the same specificity 10 to the governing body of the municipality prior to the 11 adoption of the budget and appropriation ordinance. 12 "Municipality", as used in this Section, means all 13 municipal corporations in, and political subdivisions of, 14 this State except the following: counties; cities, villages 15 and incorporated towns; sanitary districts created under the 16 Metropolitan Water Reclamation District Act; forest preserve 17 districts having a population of 3,000,000 or more, created 18 under the Cook County Forest Preserve Park District Act; 19 boards of education of school districts in cities exceeding 20 1,000,000 inhabitants; the Chicago Park District created 21 under the Chicago Park District Act; and park districts as 22 defined in subsection (b) of Section 1-3 of the Park District 23 Code. 24 (Source: P.A. 88-455; 89-126, eff. 7-11-95; revised 25 10-31-98.) 26 Section 62. The Motor Fuel Tax Law is amended by 27 changing Section 8 as follows: 28 (35 ILCS 505/8) (from Ch. 120, par. 424) 29 Sec. 8. Except as provided in Section 8a, all money 30 received by the Department under this Act, including payments 31 made to the Department by member jurisdictions participating 32 in the International Fuel Tax Agreement, shall be deposited SB745 Engrossed -372- LRB9101253EGfg 1 in a special fund in the State treasury, to be known as the 2 "Motor Fuel Tax Fund", and shall be used as follows: 3 (a) 2 1/2 cents per gallon of the tax collected on 4 special fuel under paragraph (b) of Section 2 and Section 13a 5 of this Act shall be transferred to the State Construction 6 Account Fund in the State Treasury; 7 (b) $420,000 shall be transferred each month to the 8 State Boating Act Fund to be used by the Department of 9 Natural Resources for the purposes specified in Article X of 10 the Boat Registration and Safety Act; 11 (c) $1,500,000 shall be transferred each month to the 12 Grade Crossing Protection Fund to be used as follows: not 13 less than $6,000,000 each fiscal year shall be used for the 14 construction or reconstruction of rail highway grade 15 separation structures; beginning with fiscal year 1997 and 16 ending in fiscal year 1999, $1,500,000, and $750,000 in 17 fiscal year 2000 and each fiscal year thereafter shall be 18 transferred to the Transportation Regulatory Fund and shall 19 be accounted for as part of the rail carrier portion of such 20 funds and shall be used to pay the cost of administration of 21 the Illinois Commerce Commission's railroad safety program in 22 connection with its duties under subsection (3) of Section 23 18c-7401 of the Illinois Vehicle Code, with the remainder to 24 be used by the Department of Transportation upon order of the 25 Illinois Commerce Commission, to pay that part of the cost 26 apportioned by such Commission to the State to cover the 27 interest of the public in the use of highways, roads or 28 streets in the county highway system, township and district 29 road system or municipal street system as defined in the 30 Illinois Highway Code, as the same may from time to time be 31 amended, for separation of grades, for installation, 32 construction or reconstruction of crossing protection or 33 reconstruction, alteration, relocation including construction 34 or improvement of any existing highway necessary for access SB745 Engrossed -373- LRB9101253EGfg 1 to property or improvement of any grade crossing including 2 the necessary highway approaches thereto of any railroad 3 across the highway or public road, as provided for in and in 4 accordance with Section 18c-7401 of the Illinois Vehicle 5 Code. In entering orders for projects for which payments 6 from the Grade Crossing Protection Fund will be made, the 7 Commission shall account for expenditures authorized by the 8 orders on a cash rather than an accrual basis. For purposes 9 of this requirement an "accrual basis" assumes that the total 10 cost of the project is expended in the fiscal year in which 11 the order is entered, while a "cash basis" allocates the cost 12 of the project among fiscal years as expenditures are 13 actually made. To meet the requirements of this subsection, 14 the Illinois Commerce Commission shall develop annual and 15 5-year project plans of rail crossing capital improvements 16 that will be paid for with moneys from the Grade Crossing 17 Protection Fund. The annual project plan shall identify 18 projects for the succeeding fiscal year and the 5-year 19 project plan shall identify projects for the 5 directly 20 succeeding fiscal years. The Commission shall submit the 21 annual and 5-year project plans for this Fund to the 22 Governor, the President of the Senate, the Senate Minority 23 Leader, the Speaker of the House of Representatives, and the 24 Minority Leader of the House of Representatives on the first 25 Wednesday in April of each year; 26 (d) of the amount remaining after allocations provided 27 for in subsections (a), (b) and (c), a sufficient amount 28 shall be reserved to pay all of the following: 29 (1) the costs of the Department of Revenue in 30 administering this Act; 31 (2) the costs of the Department of Transportation 32 in performing its duties imposed by the Illinois Highway 33 Code for supervising the use of motor fuel tax funds 34 apportioned to municipalities, counties and road SB745 Engrossed -374- LRB9101253EGfg 1 districts; 2 (3) refunds provided for in Section 13 of this Act 3 and under the terms of the International Fuel Tax 4 Agreement referenced in Section 14a; 5 (4) from October 1, 1985 until June 30, 1994, the 6 administration of the Vehicle Emissions Inspection Law, 7 which amount shall be certified monthly by the 8 Environmental Protection Agency to the State Comptroller 9 and shall promptly be transferred by the State 10 Comptroller and Treasurer from the Motor Fuel Tax Fund to 11 the Vehicle Inspection Fund, and beginning July 1, 1994, 12 and until December 31, 2000, one-twelfth of $25,000,000 13 each month for the administration of the Vehicle 14 Emissions Inspection Law of 1995, to be transferred by 15 the State Comptroller and Treasurer from the Motor Fuel 16 Tax Fund into the Vehicle Inspection Fund; 17 (5) amounts ordered paid by the Court of Claims; 18 and 19 (6) payment of motor fuel use taxes due to member 20 jurisdictions under the terms of the International Fuel 21 Tax Agreement. The Department shall certify these 22 amounts to the Comptroller by the 15th day of each month; 23 the Comptroller shall cause orders to be drawn for such 24 amounts, and the Treasurer shall administer those amounts 25 on or before the last day of each month; 26 (e) after allocations for the purposes set forth in 27 subsections (a), (b), (c) and (d), the remaining amount shall 28 be apportioned as follows: 29 (1) 58.4% shall be deposited as follows: 30 (A) 37% into the State Construction Account 31 Fund, and 32 (B) 63% into the Road Fund, $1,250,000 of 33 which shall be reserved each month for the 34 Department of Transportation to be used in SB745 Engrossed -375- LRB9101253EGfg 1 accordance with the provisions of Sections 6-901 2 through 6-906 of the Illinois Highway Code; 3 (2) 41.6% shall be transferred to the Department of 4 Transportation to be distributed as follows: 5 (A) 49.10% to the municipalities of the State, 6 (B) 16.74% to the counties of the State having 7 1,000,000 or more inhabitants, 8 (C) 18.27% to the counties of the State having 9 less than 1,000,000 inhabitants, 10 (D) 15.89% to the road districts of the State. 11 As soon as may be after the first day of each month the 12 Department of Transportation shall allot to each municipality 13 its share of the amount apportioned to the several 14 municipalities which shall be in proportion to the population 15 of such municipalities as determined by the last preceding 16 municipal census if conducted by the Federal Government or 17 Federal census. If territory is annexed to any municipality 18 subsequent to the time of the last preceding census the 19 corporate authorities of such municipality may cause a census 20 to be taken of such annexed territory and the population so 21 ascertained for such territory shall be added to the 22 population of the municipality as determined by the last 23 preceding census for the purpose of determining the allotment 24 for that municipality. If the population of any municipality 25 was not determined by the last Federal census preceding any 26 apportionment, the apportionment to such municipality shall 27 be in accordance with any census taken by such municipality. 28 Any municipal census used in accordance with this Section 29 shall be certified to the Department of Transportation by the 30 clerk of such municipality, and the accuracy thereof shall be 31 subject to approval of the Department which may make such 32 corrections as it ascertains to be necessary. 33 As soon as may be after the first day of each month the 34 Department of Transportation shall allot to each county its SB745 Engrossed -376- LRB9101253EGfg 1 share of the amount apportioned to the several counties of 2 the State as herein provided. Each allotment to the several 3 counties having less than 1,000,000 inhabitants shall be in 4 proportion to the amount of motor vehicle license fees 5 received from the residents of such counties, respectively, 6 during the preceding calendar year. The Secretary of State 7 shall, on or before April 15 of each year, transmit to the 8 Department of Transportation a full and complete report 9 showing the amount of motor vehicle license fees received 10 from the residents of each county, respectively, during the 11 preceding calendar year. The Department of Transportation 12 shall, each month, use for allotment purposes the last such 13 report received from the Secretary of State. 14 As soon as may be after the first day of each month, the 15 Department of Transportation shall allot to the several 16 counties their share of the amount apportioned for the use of 17 road districts. The allotment shall be apportioned among the 18 several counties in the State in the proportion which the 19 total mileage of township or district roads in the respective 20 counties bears to the total mileage of all township and 21 district roads in the State. Funds allotted to the respective 22 counties for the use of road districts therein shall be 23 allocated to the several road districts in the county in the 24 proportion which the total mileage of such township or 25 district roads in the respective road districts bears to the 26 total mileage of all such township or district roads in the 27 county. After July 1 of any year, no allocation shall be 28 made for any road district unless it levied a tax for road 29 and bridge purposes in an amount which will require the 30 extension of such tax against the taxable property in any 31 such road district at a rate of not less than either .08% of 32 the value thereof, based upon the assessment for the year 33 immediately prior to the year in which such tax was levied 34 and as equalized by the Department of Revenue or, in DuPage SB745 Engrossed -377- LRB9101253EGfg 1 County, an amount equal to or greater than $12,000 per mile 2 of road under the jurisdiction of the road district, 3 whichever is less. If any road district has levied a special 4 tax for road purposes pursuant to Sections 6-601, 6-602 and 5 6-603 of the Illinois Highway Code, and such tax was levied 6 in an amount which would require extension at a rate of not 7 less than .08% of the value of the taxable property thereof, 8 as equalized or assessed by the Department of Revenue, or, in 9 DuPage County, an amount equal to or greater than $12,000 per 10 mile of road under the jurisdiction of the road district, 11 whichever is less, such levy shall, however, be deemed a 12 proper compliance with this Section and shall qualify such 13 road district for an allotment under this Section. If a 14 township has transferred to the road and bridge fund money 15 which, when added to the amount of any tax levy of the road 16 district would be the equivalent of a tax levy requiring 17 extension at a rate of at least .08%, or, in DuPage County, 18 an amount equal to or greater than $12,000 per mile of road 19 under the jurisdiction of the road district, whichever is 20 less, such transfer, together with any such tax levy, shall 21 be deemed a proper compliance with this Section and shall 22 qualify the road district for an allotment under this 23 Section. 24 In counties in which a property tax extension limitation 25 is imposed under the Property Tax Extension Limitation Law, 26 road districts may retain their entitlement to a motor fuel 27 tax allotment if, at the time the property tax extension 28 limitation was imposed, the road district was levying a road 29 and bridge tax at a rate sufficient to entitle it to a motor 30 fuel tax allotment and continues to levy the maximum 31 allowable amount after the imposition of the property tax 32 extension limitation. Any road district may in all 33 circumstances retain its entitlement to a motor fuel tax 34 allotment if it levied a road and bridge tax in an amount SB745 Engrossed -378- LRB9101253EGfg 1 that will require the extension of the tax against the 2 taxable property in the road district at a rate of not less 3 than 0.08% of the assessed value of the property, based upon 4 the assessment for the year immediately preceding the year in 5 which the tax was levied and as equalized by the Department 6 of Revenue or, in DuPage County, an amount equal to or 7 greater than $12,000 per mile of road under the jurisdiction 8 of the road district, whichever is less. 9 As used in this Section the term "road district" means 10 any road district, including a county unit road district, 11 provided for by the Illinois Highway Code; and the term 12 "township or district road" means any road in the township 13 and district road system as defined in the Illinois Highway 14 Code. For the purposes of this Section, "road district" also 15 includes park districts, forest preserve districts and 16 conservation districts organized under Illinois law and 17 "township or district road" also includes such roads as are 18 maintained by park districts, forest preserve districts and 19 conservation districts. The Department of Transportation 20 shall determine the mileage of all township and district 21 roads for the purposes of making allotments and allocations 22 of motor fuel tax funds for use in road districts. 23 Payment of motor fuel tax moneys to municipalities and 24 counties shall be made as soon as possible after the 25 allotment is made. The treasurer of the municipality or 26 county may invest these funds until their use is required and 27 the interest earned by these investments shall be limited to 28 the same uses as the principal funds. 29 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96; 30 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; 90-655, eff. 31 7-30-98; 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; revised 32 9-16-98.) 33 Section 63. The Coin-Operated Amusement Device and SB745 Engrossed -379- LRB9101253EGfg 1 Redemption Machine Tax Act is amended by changing Section 3 2 as follows: 3 (35 ILCS 510/3) (from Ch. 120, par. 481b.3) 4 Sec. 3. (1) All licenses herein provided for shall be 5 transferable from one device to another device. Any such 6 transfer from one device to another shall be reported to the 7 Department of Revenue on forms prescribed by such Department. 8 All licenses issued hereunder shall expire on July 31 9 following issuance. 10 (2) (Blank). 11 (Source: P.A. 86-905; revised 10-31-98.) 12 Section 64. The Mobile Home Local Services Tax Act is 13 amended by changing Section 7 as follows: 14 (35 ILCS 515/7) (from Ch. 120, par. 1207) 15 Sec. 7. The local services tax for owners of mobile 16 homes who (a) are actually residing in such mobile homes, (b) 17 hold title to such mobile home as provided in the "Illinois 18 Vehicle Code", approved September 29, 1969, as amended, and 19 (c) are 65 years of age or older or are disabled persons 20 within the meaning of Section 3.14 of the "Senior Citizens 21 and Disabled Persons Property Tax Relief and Pharmaceutical 22 Assistance Act" on the annual billing date shall be reduced 23 to 80 percent of the tax provided for in Section 3 of this 24 Act. Proof that a claimant has been issued an Illinois 25 Disabled Person Identification Card stating that the claimant 26 is under a Class 2 disability, as provided in Section 4A of 27 The Illinois Identification Card Act, shall constitute proof 28 that the person thereon named is a disabled person within the 29 meaning of this Act. An application for reduction of the tax 30 shall be filed with the county clerk by the individuals who 31 are entitled to the reduction. If the application is filed SB745 Engrossed -380- LRB9101253EGfg 1 after May 1, the reduction in tax shall begin with the next 2 annual bill. Application for the reduction in tax shall be 3 done by submitting proof that the applicant has been issued 4 an Illinois Disabled Person Identification Card designating 5 the applicant's disability as a Class 2 disability, or by 6 affidavit in substantially the following form: 7 APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX 8 I hereby make application for a reduction to 80% of the 9 total tax imposed under "An Act to provide for a local 10 services tax on mobile homes". 11 (1) Senior Citizens 12 (a) I actually reside in the mobile home .... 13 (b) I hold title to the mobile home as provided in the 14 Illinois Vehicle Code .... 15 (c) I reached the age of 65 on or before either January 16 1 (or July 1) of the year in which this statement is filed. 17 My date of birth is: ... 18 (2) Disabled Persons 19 (a) I actually reside in the mobile home... 20 (b) I hold title to the mobile home as provided in the 21 Illinois Vehicle Code .... 22 (c) I was totally disabled on ... and have remained 23 disabled until the date of this application. My Social 24 Security, Veterans, Railroad or Civil Service Total 25 Disability Claim Number is ... The undersigned declares 26 under the penalty of perjury that the above statements are 27 true and correct. 28 Dated (insert date)....., 19 ..29 ........................... 30 Signature of owner 31 ........................... 32 (Address) 33 ........................... 34 (City) (State) (Zip) SB745 Engrossed -381- LRB9101253EGfg 1 Approved by: 2 ............................. 3 (Assessor) 4 This application shall be accompanied by a copy of the 5 applicant's most recent application filed with the Illinois 6 Department of Revenue under the "Senior Citizens and Disabled 7 Persons Property Tax Relief and Pharmaceutical Assistance 8 Act," approved July 17, 1972, as amended. 9 (Source: P.A. 84-832; revised 10-20-98.) 10 Section 65. The Public Utilities Revenue Act is amended 11 by changing Section 2a.1 as follows: 12 (35 ILCS 620/2a.1) (from Ch. 120, par. 469a.1) 13 Sec. 2a.1. Imposition of tax on invested capital and 14 on distribution of electricity. 15 (a) In addition to the tax imposed by the Illinois 16 Income Tax Act, there is hereby imposed upon every taxpayer 17 (other than an electric cooperative, a school district or 18 unit of local government as defined in Section 1 of Article 19 VII of the Illinois Constitution of 1970), an additional tax 20 as follows: 21 (i) For the first 500,000,000 kilowatt-hours 22 distributed by the taxpayer in this State during the 23 taxable period, 0.031 cents per kilowatt-hour; 24 (ii) For the next 1,000,000,000 kilowatt-hours 25 distributed by the taxpayer in this State during the 26 taxable period, 0.050 cents per kilowatt-hour; 27 (iii) For the next 2,500,000,000 kilowatt-hours 28 distributed by the taxpayer in this State during the 29 taxable period, 0.070 cents per kilowatt-hour; 30 (iv) For the next 4,000,000,000 kilowatt-hours 31killowatt-hoursdistributed by the taxpayer in this State 32 during the taxable period, 0.140 cents per kilowatt-hour; SB745 Engrossed -382- LRB9101253EGfg 1 (v) For the next 7,000,000,000 kilowatt-hours 2 distributed by the taxpayer in this State during the 3 taxable period, 0.180 cents per kilowatt-hour; 4 (vi) For the next 3,000,000,000 kilowatt-hours 5killowatt-hoursdistributed by the taxpayer in this State 6 during the taxable period, 0.142 cents per kilowatt-hour; 7 and 8 (vii) For all kilowatt-hours distributed by the 9 taxpayer in this State during the taxable period in 10 excess of 18,000,000,000 kilowatt-hours, 0.131 cents per 11 kilowatt-hourkillowatt-hour. 12 (b) There is imposed on electric cooperatives that are 13 required to file reports with the Rural Utilities Service a 14 tax equal to 0.8% of such cooperative's invested capital for 15 the taxable period. The invested capital tax imposed by this 16 subsection shall not be imposed on electric cooperatives not 17 required to file reports with the Rural Utilities Service. 18 (c) If, for any taxable period, the total amount 19 received by the Department from the tax imposed by subsection 20 (a) exceeds $145,279,553 plus, for taxable periods subsequent 21 to 1998, an amount equal to the lesser of (i) 5% or (ii) the 22 percentage increase in the Consumer Price Index during the 23 immediately preceding taxable period, of the total amount 24 received by the Department from the tax imposed by subsection 25 (a) for the immediately preceding taxable period, determined 26 after allowance of the credit provided for in this 27 subsection, the Department shall issue credit memoranda in 28 the aggregate amount of the excess to each of the taxpayers 29 who paid any amount of tax under subsection (a) for that 30 taxable period in the proportion which the amount paid by the 31 taxpayer bears to the total amount paid by all such 32 taxpayers. This calculation shall be made as of December 1 of 33 the year following the immediately preceding taxable period 34 and shall consist of only those returns with payment then on SB745 Engrossed -383- LRB9101253EGfg 1 file with the Department. All future amendments to returns 2 and monies covering this period received after December 1 of 3 the year following the taxable period will not be included in 4 the calculation of the affected taxable period or any other 5 taxable period. The provisions of this subsection are not 6 subject to the Uniform Penalty and Interest Act. Any credit 7 memorandum issued to a taxpayer under this subsection may be 8 used as a credit by the taxpayer against its liability in 9 future taxable periods for tax under subsection (a). Any 10 amount credited to a taxpayer shall not be refunded to the 11 taxpayer unless the taxpayer demonstrates to the reasonable 12 satisfaction of the Department that it will not incur future 13 liability for tax under subsection (a). The Department shall 14 adopt reasonable regulations for the implementation of the 15 provisions of this subsection. 16 (Source: P.A. 90-561, eff. 1-1-98; 90-624, eff. 7-10-98; 17 revised 10-28-98.) 18 Section 66. The Electricity Excise Tax Law is amended by 19 changing Section 2-11 as follows: 20 (35 ILCS 640/2-11) 21 Sec. 2-11. Direct return and payment by self-assessing 22 purchaser. When electricity is used or consumed by a 23 self-assessing purchaser subject to the tax imposed by this 24 Law who did not pay the tax to a delivering supplier 25 maintaining a place of business within this State and 26 required or authorized to collect the tax, that 27 self-assessing purchaser shall, on or before the 15th day of 28 each month, make a return to the Department for the preceding 29 calendar month, stating all of the following: 30 (1) The self-assessing purchaser's name and 31 principal address. 32 (2) The aggregate purchase price paid by the SB745 Engrossed -384- LRB9101253EGfg 1 self-assessing purchaser for the distribution, supply, 2 furnishing, sale, transmission and delivery of such 3 electricity to or for the purchaser during the preceding 4 calendar month, including budget plan and other 5 purchaser-owned amounts applied during such month in 6 payment of charges includible in the purchase price, and 7 upon the basis of which the tax is imposed. 8 (3) Amount of tax, computed upon item (2) at the 9 rate stated in Section 2-4. 10 (4) Such other information as the Department 11 reasonably may require. 12 In making such return the self-assessing purchaser may 13 use any reasonable method to derive reportable "purchase 14 price" from the self-assessing purchaser's records. 15 If the average monthly tax liability of the 16 self-assessing purchaser to the Department does not exceed 17 $2,500, the Department may authorize the self-assessing 18 purchaser's returns to be filed on a quarter-annual basis, 19 with the return for January, February and March of a given 20 year being due by April 30 of such year; with the return for 21 April, May and June of a given year being due by July 31 of 22 such year; with the return for July, August, and September of 23 a given year being due by October 31 of such year; and with 24 the return for October, November and December of a given year 25 being due by January 31 of the following year. 26 If the average monthly tax liability of the 27 self-assessing purchaser to the Department does not exceed 28 $1,000, the Department may authorize the self-assessing 29 purchaser's returns to be filed on an annual basis, with the 30 return for a given year being due by January 31 of the 31 following year. 32 Such quarter-annual and annual returns, as to form and 33 substance, shall be subject to the same requirements as 34 monthly returns. SB745 Engrossed -385- LRB9101253EGfg 1 Notwithstanding any other provision in this Law 2 concerning the time within which a self-assessing purchaser 3 may file a return, any such self-assessing purchaser who 4 ceases to be responsible for filing returns under this Law 5 shall file a final return under this Law with the Department 6 not more than one month thereafter. 7 Each self-assessing purchaser whose average monthly 8 liability to the Department pursuant to this Section was 9 $10,000 or more during the preceding calendar year, excluding 10 the month of highest liability and the month of lowest 11 liability during such calendar year, and which is not 12 operated by a unit of local government, shall make estimated 13 payments to the Department on or before the 7th, 15th, 22nd 14 and last day of the month during which tax liability to the 15 Department is incurred in an amount not less than the lower 16 of either 22.5% of such self-assessing purchaser's actual tax 17 liability for the month or 25% of such self-assessing 18 purchaser's actual tax liability for the same calendar month 19 of the preceding year. The amount of such quarter-monthly 20 payments shall be credited against the final tax liability of 21 the self-assessing purchaser's return for that month. An 22 outstanding credit approved by the Department or a credit 23 memorandum issued by the Department arising from the 24 self-assessing purchaser's overpayment of the self-assessing 25 purchaser's final tax liability for any month may be applied 26 to reduce the amount of any subsequent quarter-monthly 27 payment or credited against the final tax liability of such 28 self-assessing purchaser's return for any subsequent month. 29 If any quarter-monthly payment is not paid at the time or in 30 the amount required by this Section, such person shall be 31 liable for penalty and interest on the difference between the 32 minimum amount due as a payment and the amount of such 33 payment actually and timely paid, except insofar as such 34 person has previously made payments for that month to the SB745 Engrossed -386- LRB9101253EGfg 1 Department in excess of the minimum payments previously due. 2 If the Director finds that the information required for 3 the making of an accurate return cannot reasonably be 4 compiled by a self-assessing purchaser within 15 days after 5 the close of the calendar month for which a return is to be 6 made, the Director may grant an extension of time for the 7 filing of such return for a period of not to exceed 31 8 calendar days. The granting of such an extension may be 9 conditioned upon the deposit by such self-assessing purchaser 10 with the Department of an amount of money not exceeding the 11 amount estimated by the Director to be due with the return so 12 extended. All such deposits shall be credited against such 13 self-assessing purchaser's liabilities under this Law. If 14 the deposit exceeds such self-assessing purchaser's present 15 and probable future liabilities under this Law, the 16 Department shall issue to such self-assessing purchaser a 17 credit memorandum, which may be assigned by such 18 self-assessing purchaser to a similar person under this Law, 19 in accordance with reasonable rules and regulations to be 20 prescribed by the Department. 21 The self-assessing purchaser making the return provided 22 for in this Section shall, at the time of making such return, 23 pay to the Department the amount of tax imposed by this Law. 24 A self-assessing purchaser who has an average monthly tax 25 liability of $10,000 or more shall make all payments 26 required by rules of the Department by electronic funds 27 transfer. The term "average monthly tax liability" shall be 28 the sum of the self-assessing purchaser's liabilities under 29 this Law for the immediately preceding calendar year divided 30 by 12. Any self-assessing purchaser not required to make 31 payments by electronic funds transfer may make payments by 32 electronic funds transfer with the permission of the 33 Department. All self-assessing purchasers required to make 34 payments by electronic funds transfer and any self-assessing SB745 Engrossed -387- LRB9101253EGfg 1 purchasers authorized to voluntarily make payments by 2 electronic funds transfer shall make those payments in the 3 manner authorized by the Department. 4 Each month the Department shall pay into the Public 5 Utility Fund in the State treasury an amount determined by 6 the Director to be equal to 3.0% of the funds received by the 7 Department pursuant to this Section. The remainder of all 8 moneys received by the Department under this Section shall be 9 paid into the General Revenue Fund in the State treasury. 10 (Source: P.A. 90-561, eff. 8-1-98; revised 10-31-98.) 11 Section 67. The Illinois Pension Code is amended by 12 changing Sections 5-167.2, 7-123, 7-132.1, 7-142, 8-114, 13 8-115, 8-117, 14-110, 14-120, 15-102, 15-113.6, 17-123, 14 17-127.2, and 18-112.2 as follows: 15 (40 ILCS 5/5-167.2) (from Ch. 108 1/2, par. 5-167.2) 16 Sec. 5-167.2. Retirement before September 1, 1967. A 17 retired policeman, qualifying for minimum annuity or who 18 retired from service with 20 or more years of service, before 19 September 1, 1967, shall, in January of the year following 20 the year he attains the age of 65, or in January of the year 21 1970, if then more than 65 years of age, have his then fixed 22 and payable monthly annuity increased by an amount equal to 23 2% of the original grant of annuity, for each year the 24 policeman was in receipt of annuity payments after the year 25 in which he attains, or did attain the age of 63. An 26 additional 2% increase in such then fixed and payable 27 original granted annuity shall accrue in each January 28 thereafter. Beginning January 1, 1986, the rate of such 29 increase shall be 3% instead of 2%. 30 The provisions of the preceding paragraph of this Section 31 apply only to a retired policeman eligible for such increases 32 in his annuity who contributes to the Fund a sum equal to $5 SB745 Engrossed -388- LRB9101253EGfg 1 for each full year of credited service upon which his annuity 2 was computed. All such sums contributed shall be placed in a 3 Supplementary Payment Reserve and shall be used for the 4 purposes of such Fund account. 5 Beginning with the monthly annuity payment due in July, 6 1982, the fixed and granted monthly annuity payment for any 7 policeman who retired from the service, before September 1, 8 1976, at age 50 or over with 20 or more years of service and 9 entitled to an annuity on January 1, 1974, shall be not less 10 than $400. It is the intent of the General Assembly that the 11 change made in this Section by this amendatory Act of 1982 12 shall apply retroactively to July 1, 1982. 13 Beginning with the monthly annuity payment due on January 14 1, 1986, the fixed and granted monthly annuity payment for 15 any policeman who retired from the service before January 1, 16 1986, at age 50 or over with 20 or more years of service, or 17 any policeman who retired from service due to termination of 18 disability and who is entitled to an annuity on January 1, 19 1986, shall be not less than $475. 20 Beginning with the monthly annuity payment due on January 21 1, 1992, the fixed and granted monthly annuity payment for 22 any policeman who retired from the service before January 1, 23 1992, at age 50 or over with 20 or more years of service, and 24 for any policeman who retired from service due to termination 25 of disability and who is entitled to an annuity on January 1, 26 1992, shall be not less than $650. 27 Beginning with the monthly annuity payment due on January 28 1, 1993, the fixed and granted monthly annuity payment for 29 any policeman who retired from the service before January 1, 30 1993, at age 50 or over with 20 or more years of service, and 31 for any policeman who retired from service due to termination 32 of disability and who is entitled to an annuity on January 1, 33 1993, shall be not less than $750. 34 Beginning with the monthly annuity payment due on January SB745 Engrossed -389- LRB9101253EGfg 1 1, 1994, the fixed and granted monthly annuity payment for 2 any policeman who retired from the service before January 1, 3 1994, at age 50 or over with 20 or more years of service, and 4 for any policeman who retired from service due to termination 5 of disability and who is entitled to an annuity on January 1, 6 1994, shall be not less than $850. 7 The difference in amount between the original fixed and 8 granted monthly annuity of any such policeman on the date of 9 his retirement from the service and the monthly annuity 10 provided for in the immediately preceding paragraph shall be 11 paid as a supplement in the manner set forth in the 12 immediately following paragraph. 13 To defray the annual cost of the increases indicated in 14 the preceding part of this Section, the annual interest 15 income accruing from investments held by this Fund, exclusive 16 of gains or losses on sales or exchanges of assets during the 17 year, over and above 4% a year shall be used to the extent 18 necessary and available to finance the cost of such increases 19 for the following year and such amount shall be transferred 20 as of the end of each year beginning with the year 1969 to a 21 Fund account designated as the Supplementary Payment Reserve 22 from the Interest and Investment Reserve set forth in Section 23 5-2075-167.2. 24 In the event the funds in the Supplementary Payment 25 Reserve in any year arising from: (1) the interest income 26 accruing in the preceding year above 4% a year and (2) the 27 contributions by retired persons are insufficient to make the 28 total payments to all persons entitled to the annuity 29 specified in this Section and (3) any interest earnings over 30 4% a year beginning with the year 1969 which were not 31 previously used to finance such increases and which were 32 transferred to the Prior Service Annuity Reserve, may be used 33 to the extent necessary and available to provide sufficient 34 funds to finance such increases for the current year and such SB745 Engrossed -390- LRB9101253EGfg 1 sums shall be transferred from the Prior Service Annuity 2 Reserve. In the event the total money available in the 3 Supplementary Payment Reserve from such sources are 4 insufficient to make the total payments to all persons 5 entitled to such increases for the year, a proportionate 6 amount computed as the ratio of the money available to the 7 total of the total payments specified for that year shall be 8 paid to each person for that year. 9 The Fund shall be obligated for the payment of the 10 increases in annuity as provided for in this Section only to 11 the extent that the assets for such purpose are available. 12 (Source: P.A. 87-849; 87-1265; revised 10-31-98.) 13 (40 ILCS 5/7-123) (from Ch. 108 1/2, par. 7-123) 14 Sec. 7-123. Effective rate of interest. "Effective rate 15 of interest": The interest rate determined by the Board for 16 any calendar year which shall distribute, to the extent 17 reasonably determinable prior to the year for which the rate 18 is applicable, the current earnings (excluding capital gains) 19 on assets of the fund to reserves as provided by SectionSec.207-209, after due allowance is made for special reserve 21 requirements under SectionSec.7-208. 22 (Source: Laws 1965, p. 1086; revised 10-31-98.) 23 (40 ILCS 5/7-132.1) (from Ch. 108 1/2, par. 7-132.1) 24 Sec. 7-132.1. Towns - Election to participate. For 25 purposes of this Article, a town which is not a participating 26 municipality on the effective date of this Act, shall be 27 considered to include the town itself and all other bodies 28 politic heretofor or hereafter established by or subject to 29 the direct or indirect control of the town electors. As so 30 defined, a town may participate in the Fund, on the first day 31 of January after the year in which a valid participation 32participatingordinance, adopted by the town electors, has SB745 Engrossed -391- LRB9101253EGfg 1 been filed with the Board. The following procedures shall 2 govern adoption of a participation ordinance by the town 3 electors: 4 (a) A resolution, adopted by the town electors at 5 an annual town meeting, shall authorize the town 6 supervisor to file with the Board of Trustees of the 7 Fund, an application for the town as herein defined to 8 participate, to supply such data as is requested by the 9 Board, and to reimburse the Board for expenses incurred 10 in securing an actuarial evaluation of the effects of 11 participation by the applicant on the financial condition 12 of the Fund and to postpone consideration of the matter 13 of election to participate to a special town meeting. 14 (b) If the Board finds that the town has adequate 15 resources for payment of municipal obligations, and that 16 the actuarial soundness of the fund will not be impaired 17 by participation of the town, the Board shall approve the 18 application and report its action to the town. The report 19 shall include the cost to the town of participation and 20 the initial municipality contribution rate. 21 (c) Upon receipt of an approved application, the 22 Board of Town trustees shall call a special town meeting 23 to be held at a date not earlier than 30 days after the 24 notice of such called meeting is published. The notice of 25 call of the meeting shall state the purpose and shall 26 include the Board's report of costs of participation and 27 the initial municipality contribution rate. 28 (d) An ordinance to elect participation shall 29 specifically provide that it includes participation by 30 all bodies politic, heretofor, or hereafter created, 31 included in the town for purposes of this Article. If 32 such ordinance is adopted, the Town Clerk shall forthwith 33 forward a certified copy thereof to the Fund. 34 Upon the filing of the ordinance, for the purpose of SB745 Engrossed -392- LRB9101253EGfg 1 providing benefits to their employees and their survivors, 2 the town and the other bodies politic, whether or not they 3 were participating municipalities, shall be considered and 4 deemed to be a single municipality. It is declared to be the 5 policy of the State, that since the town and the other bodies 6 politic serve the same geographical area, that for the 7 purposes of this Article they are properly designated as a 8 single municipality. 9 No town may elect to participate in this Fund except as 10 provided in this Section. In any town which has not elected 11 to participate in the Fund on the effective date of this Act, 12 no body politic established by or subject to the control of 13 the town electors may elect to participate in the Fund, 14 except as a part of the town as provided in this Section. 15 (Source: P.A. 82-783; revised 3-2-98.) 16 (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) 17 Sec. 7-142. Retirement annuities - Amount. 18 (a) The amount of a retirement annuity shall be the sum 19 of the following, determined in accordance with the actuarial 20 tables in effect at the time of the grant of the annuity: 21 1. For employees with 8 or more years of service, 22 an annuity computed pursuant to subparagraphs a or b of 23 this subparagraph 1, whichever is the higher, and for 24 employees with less than 8 years of service the annuity 25 computed pursuant to subparagraph a: 26 a. The monthly annuity which can be provided 27 from the total accumulated normal, municipality and 28 prior service credits, as of the attained age of the 29 employee on the date the annuity begins provided 30 that such annuity shall not exceed 75% of the final 31 rate of earnings of the employee. 32 b. (i) The monthly annuity amount determined 33 as follows by multiplying (a) 1 2/3% for annuitants SB745 Engrossed -393- LRB9101253EGfg 1 with not more than 15 years or (b) 1 2/3% for the 2 first 15 years and 2% for each year in excess of 15 3 years for annuitants with more than 15 years by the 4 number of years plus fractional years, prorated on a 5 basis of months, of creditable service and multiply 6 the product thereof by the employee's final rate of 7 earnings. 8 (ii) For the sole purpose of computing the 9 formula (and not for the purposes of the limitations 10 hereinafter stated) $125 shall be considered the 11 final rate of earnings in all cases where the final 12 rate of earnings is less than such amount. 13 (iii) The monthly annuity computed in 14 accordance with this subparagraph b, shall not 15 exceed an amount equal to 75% of the final rate of 16 earnings. 17 (iv) For employees whowhohave less than 35 18 years of service, the annuity computed in accordance 19 with this subparagraph b (as reduced by application 20 of subparagraph (iii) above) shall be reduced by 21 0.25% thereof (0.5% if service was terminated before 22 January 1, 1988) for each month or fraction thereof 23 (1) that the employee's age is less than 60 years, 24 or (2) if the employee has at least 30 years of 25 service credit, that the employee's service credit 26 is less than 35 years, whichever is less, on the 27 date the annuity begins. 28 2. The annuity which can be provided from the total 29 accumulated additional credits as of the attained age of 30 the employee on the date the annuity begins. 31 (b) If payment of an annuity begins prior to the 32 earliest age at which the employee will become eligible for 33 an old age insurance benefit under the Federal Social 34 Security Act, he may elect that the annuity payments from SB745 Engrossed -394- LRB9101253EGfg 1 this fund shall exceed those payable after his attaining such 2 age by an amount, computed as determined by rules of the 3 Board, but not in excess of his estimated Social Security 4 Benefit, determined as of the effective date of the annuity, 5 provided that in no case shall the total annuity payments 6 made by this fund exceed in actuarial value the annuity which 7 would have been payable had no such election been made. 8 (c) The retirement annuity shall be increased each year 9 by 2%, not compounded, of the monthly amount of annuity, 10 taking into consideration any adjustment under paragraph (b) 11 of this Section. This increase shall be effective each 12 January 1 and computed from the effective date of the 13 retirement annuity, the first increase being .167% of the 14 monthly amount times the number of months from the effective 15 date to January 1. Beginning January 1, 1984 and thereafter, 16 the retirement annuity shall be increased by 3% each year, 17 not compounded. This increase shall not be applicable to 18 annuitants who are not in service on or after September 8, 19 1971. 20 (Source: P.A. 87-850; revised 10-31-98.) 21 (40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114) 22 Sec. 8-114. Present employee. "Present employee": 23 (a) Any employee of an employer, or the board, on the 24 day before the effective date.;25 (b) Any person who becomes an employee of the Board of 26 Education on the day before the effective date and who on 27 June 30, 1923, was a contributor to any municipal pension 28 fund in operation in the city on that date under the Public 29 School Employees' Pension Act of 1903. Any such employee 30 shall be considered a municipal employee during the entire 31 time he has been in the service of the employer. 32 (c) Any person who becomes an employee of the municipal 33 court or law department or Board of Election Commissioners on SB745 Engrossed -395- LRB9101253EGfg 1 the day before the effective date, and who on December 31, 2 1959, was a participant in either of the funds in operation 3 in the city on December 31, 1959, created under the Court and 4 Law Department Employees' Annuity Act or the Board of 5 Election Commissioners Employees' Annuity Act. Any such 6 employee shall be considered a municipal employee during the 7 entire time he has been in the service of the municipal court 8 or law department or Board of Election Commissioners. 9 (d) Any person who becomes a employee of the Public 10 Library on the day before the effective date, and who on 11 December 31, 1965 was a contributor and participant in the 12 fund created under the Public Library Employes' Pension Act, 13 in operation in the city on December 31, 1965. Any such 14 employee shall be considered a municipal employee during the 15 entire time he has been in the service of the Public Library. 16 (Source: Laws 1965, p. 2300; revised 10-31-98.) 17 (40 ILCS 5/8-115) (from Ch. 108 1/2, par. 8-115) 18 Sec. 8-115. Future entrant. "Future entrant": 19 (a) Any employee of an employer or of the board, 20 employed for the first time on or after the effective date.;21 (b) Any person who becomes an employee of the Board of 22 Education for the first time on or after the effective date, 23 and who was a contributor on June 30, 1923, to any municipal 24 pension fund then in operation in the city under the Public 25 School Employees' Pension Act of 1903. Any such employee 26 shall be considered a municipal employee during the entire 27 time he has been in the service of the Board of Education. 28 (c) Any person who becomes an employee of a municipal 29 court or law department or Board of Election Commissioners 30 for the first time on or after the effective date, and who 31 was a participant on December 31, 1959, in either of the 32 funds in operation in the city on December 31, 1959, created 33 under the Court and Law Department Employees' Annuity Act or SB745 Engrossed -396- LRB9101253EGfg 1 the Board of Election Commissioners Employees' Annuity Act. 2 Any such employee shall be considered a municipal employee 3 during the entire time he has been in the service of the 4 municipal court, law department, or Board of Election 5 Commissioners. 6 (d) Any person who becomes an employee of the Public 7 Library or a participant and contributor to the Public 8 Library Employees' Pension Fund for the first time on or 9 after the effective date, and who was a contributor and 10 participant on December 31, 1965 in such fund created under 11 the Public Library Employees' Pension Act in operation in the 12 city on December 31, 1965. Any such person shall be 13 considered a municipal employee during the entire time he has 14 been in the service of the Public Library or during the 15 entire time for which he was covered, as an employee, in the 16 fund created under the aforesaid Act. 17 (e) Any person who becomes an employee of the house of 18 correction or a participant and contributor to the House of 19 Correction Employees' Pension Fund for the first time on or 20 after the effective date, and who was a contributor and 21 participant on December 31, 1968 in such fund created under 22 the House of Correction Employees' Pension Act in operation 23 in the City on December 31, 1968. Any such person shall be 24 considered a municipal employee during the entire time he has 25 been in the service of the House of Correction. 26 (Source: Laws 1968, p. 181; revised 10-31-98.) 27 (40 ILCS 5/8-117) (from Ch. 108 1/2, par. 8-117) 28 Sec. 8-117. Salary. "Salary": Annual salary of an 29 employee as follows: 30 (a) Beginning on the effective date and prior to July 1, 31 1947, $3,000; and beginning on July 1, 1947 and prior to July 32 1, 1953, $4,800; and beginning on July 1, 1953 and prior to 33 July 1, 1957, $6,000 shall be the maximum amount of annual SB745 Engrossed -397- LRB9101253EGfg 1 salary of any employee which shall be considered for any 2 purpose hereunder. 3 (b) If appropriated, fixed or arranged on an annual 4 basis, beginning July 1, 1957, the actual sum payable during 5 the year if the employee worked the full normal working time 6 in his position, at the rate of compensation, exclusive of 7 overtime and final vacation, appropriated or fixed as salary 8 or wages for service in the position. 9 (c) If appropriated, fixed or arranged on other than an 10 annual basis, beginning July 1, 1957, the applicable 11 schedules specified in Sections 8-233 and 8-235 shall be used 12 for conversion of the salary to an annual basis.:13 (d) Beginning July 13, 1941, if the city provides 14 lodging for an employee without charge, his salary shall be 15 considered to be $120 a year more than the amount payable as 16 salary for the year; the salary of an employee for whom daily 17 meals are provided without charge by the city shall be 18 considered to be $120 a year more than the amount payable as 19 his salary for the year, for each such daily meal, not 20 exceeding three per day. 21 (e) Beginning September 19, 1981, the salary of a person 22 who was or is an employee of a Board of Education on or after 23 that date shall include the amount of employee contributions, 24 if any, picked up by the employer for that employee under 25 Section 8-174.1. 26 (Source: P.A. 85-964; revised 10-31-98.) 27 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) 28 Sec. 14-110. Alternative retirement annuity. 29 (a) Any member who has withdrawn from service with not 30 less than 20 years of eligible creditable service and has 31 attained age 55, and any member who has withdrawn from 32 service with not less than 25 years of eligible creditable 33 service and has attained age 50, regardless of whether the SB745 Engrossed -398- LRB9101253EGfg 1 attainment of either of the specified ages occurs while the 2 member is still in service, shall be entitled to receive at 3 the option of the member, in lieu of the regular or minimum 4 retirement annuity, a retirement annuity computed as 5 follows: 6 (i) for periods of service as a noncovered 7 employee, 2 1/4% of final average compensation for each 8 of the first 10 years of creditable service, 2 1/2% for 9 each year above 10 years to and including 20 years of 10 creditable service, and 2 3/4% for each year of 11 creditable service above 20 years; and 12 (ii) for periods of eligible creditable service as 13 a covered employee, 1.67% of final average compensation 14 for each of the first 10 years of such service, 1.90% for 15 each of the next 10 years of such service, 2.10% for each 16 year of such service in excess of 20 but not exceeding 17 30, and 2.30% for each year in excess of 30. 18 Such annuity shall be subject to a maximum of 75% of 19 final average compensation. These rates shall not be 20 applicable to any service performed by a member as a covered 21 employee which is not eligible creditable service. Service 22 as a covered employee which is not eligible creditable 23 service shall be subject to the rates and provisions of 24 Section 14-108. 25 (b) For the purpose of this Section, "eligible 26 creditable service" means creditable service resulting from 27 service in one or more of the following positions: 28 (1) State policeman; 29 (2) fire fighter in the fire protection service of 30 a department; 31 (3) air pilot; 32 (4) special agent; 33 (5) investigator for the Secretary of State; 34 (6) conservation police officer; SB745 Engrossed -399- LRB9101253EGfg 1 (7) investigator for the Department of Revenue; 2 (8) security employee of the Department of Human 3 Services; 4 (9) Central Management Services security police 5 officer; 6 (10) security employee of the Department of 7 Corrections; 8 (11) dangerous drugs investigator; 9 (12) investigator for the Department of State 10 Police; 11 (13) investigator for the Office of the Attorney 12 General; 13 (14) controlled substance inspector; 14 (15) investigator for the Office of the State's 15 Attorneys Appellate Prosecutor; 16 (16) Commerce Commission police officer; 17 (17) arson investigator. 18 A person employed in one of the positions specified in 19 this subsection is entitled to eligible creditable service 20 for service credit earned under this Article while undergoing 21 the basic police training course approved by the Illinois 22Local GovernmentalLaw EnforcementOfficersTraining 23 Standards Board, if completion of that training is required 24 of persons serving in that position. For the purposes of 25 this Code, service during the required basic police training 26 course shall be deemed performance of the duties of the 27 specified position, even though the person is not a sworn 28 peace officer at the time of the training. 29 (c) For the purposes of this Section: 30 (1) The term "state policeman" includes any title 31 or position in the Department of State Police that is 32 held by an individual employed under the State Police 33 Act. 34 (2) The term "fire fighter in the fire protection SB745 Engrossed -400- LRB9101253EGfg 1 service of a department" includes all officers in such 2 fire protection service including fire chiefs and 3 assistant fire chiefs. 4 (3) The term "air pilot" includes any employee 5 whose official job description on file in the Department 6 of Central Management Services, or in the department by 7 which he is employed if that department is not covered by 8 the Personnel Code, states that his principal duty is the 9 operation of aircraft, and who possesses a pilot's 10 license; however, the change in this definition made by 11 this amendatory Act of 1983 shall not operate to exclude 12 any noncovered employee who was an "air pilot" for the 13 purposes of this Section on January 1, 1984. 14 (4) The term "special agent" means any person who 15 by reason of employment by the Division of Narcotic 16 Control, the Bureau of Investigation or, after July 1, 17 1977, the Division of Criminal Investigation, the 18 Division of Internal Investigation or any other Division 19 or organizational entity in the Department of State 20 Police is vested by law with duties to maintain public 21 order, investigate violations of the criminal law of this 22 State, enforce the laws of this State, make arrests and 23 recover property. The term "special agent" includes any 24 title or position in the Department of State Police that 25 is held by an individual employed under the State Police 26 Act. 27 (5) The term "investigator for the Secretary of 28 State" means any person employed by the Office of the 29 Secretary of State and vested with such investigative 30 duties as render him ineligible for coverage under the 31 Social Security Act by reason of Sections 218(d)(5)(A), 32 218(d)(8)(D) and 218(l)(1) of that Act. 33 A person who became employed as an investigator for 34 the Secretary of State between January 1, 1967 and SB745 Engrossed -401- LRB9101253EGfg 1 December 31, 1975, and who has served as such until 2 attainment of age 60, either continuously or with a 3 single break in service of not more than 3 years 4 duration, which break terminated before January 1, 1976, 5 shall be entitled to have his retirement annuity 6 calculated in accordance with subsection (a), 7 notwithstanding that he has less than 20 years of credit 8 for such service. 9 (6) The term "Conservation Police Officer" means 10 any person employed by the Division of Law Enforcement of 11 the Department of Natural Resources and vested with such 12 law enforcement duties as render him ineligible for 13 coverage under the Social Security Act by reason of 14 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of 15 that Act. The term "Conservation Police Officer" 16 includes the positions of Chief Conservation Police 17 Administrator and Assistant Conservation Police 18 Administrator. 19 (7) The term "investigator for the Department of 20 Revenue" means any person employed by the Department of 21 Revenue and vested with such investigative duties as 22 render him ineligible for coverage under the Social 23 Security Act by reason of Sections 218(d)(5)(A), 24 218(d)(8)(D) and 218(l)(1) of that Act. 25 (8) The term "security employee of the Department 26 of Human Services" means any person employed by the 27 Department of Human Services who is employed at the 28 Chester Mental Health Center and has daily contact with 29 the residents thereof, or who is a mental health police 30 officer. "Mental health police officer" means any person 31 employed by the Department of Human Services in a 32 position pertaining to the Department's mental health and 33 developmental disabilities functions who is vested with 34 such law enforcement duties as render the person SB745 Engrossed -402- LRB9101253EGfg 1 ineligible for coverage under the Social Security Act by 2 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 3 218(l)(1) of that Act. 4 (9) "Central Management Services security police 5 officer" means any person employed by the Department of 6 Central Management Services who is vested with such law 7 enforcement duties as render him ineligible for coverage 8 under the Social Security Act by reason of Sections 9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 10 (10) The term "security employee of the Department 11 of Corrections" means any employee of the Department of 12 Corrections or the former Department of Personnel, and 13 any member or employee of the Prisoner Review Board, who 14 has daily contact with inmates by working within a 15 correctional facility or who is a parole officer or an 16 employee who has direct contact with committed persons in 17 the performance of his or her job duties. 18 (11) The term "dangerous drugs investigator" means 19 any person who is employed as such by the Department of 20 Human Services. 21 (12) The term "investigator for the Department of 22 State Police" means a person employed by the Department 23 of State Police who is vested under Section 4 of the 24 Narcotic Control Division Abolition Act with such law 25 enforcement powers as render him ineligible for coverage 26 under the Social Security Act by reason of Sections 27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 28 (13) "Investigator for the Office of the Attorney 29 General" means any person who is employed as such by the 30 Office of the Attorney General and is vested with such 31 investigative duties as render him ineligible for 32 coverage under the Social Security Act by reason of 33 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that 34 Act. For the period before January 1, 1989, the term SB745 Engrossed -403- LRB9101253EGfg 1 includes all persons who were employed as investigators 2 by the Office of the Attorney General, without regard to 3 social security status. 4 (14) "Controlled substance inspector" means any 5 person who is employed as such by the Department of 6 Professional Regulation and is vested with such law 7 enforcement duties as render him ineligible for coverage 8 under the Social Security Act by reason of Sections 9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 10 The term "controlled substance inspector" includes the 11 Program Executive of Enforcement and the Assistant 12 Program Executive of Enforcement. 13 (15) The term "investigator for the Office of the 14 State's Attorneys Appellate Prosecutor" means a person 15 employed in that capacity on a full time basis under the 16 authority of Section 7.06 of the State's Attorneys 17 Appellate Prosecutor's Act. 18 (16) "Commerce Commission police officer" means any 19 person employed by the Illinois Commerce Commission who 20 is vested with such law enforcement duties as render him 21 ineligible for coverage under the Social Security Act by 22 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 23 218(l)(1) of that Act. 24 (17) "Arson investigator" means any person who is 25 employed as such by the Office of the State Fire Marshal 26 and is vested with such law enforcement duties as render 27 the person ineligible for coverage under the Social 28 Security Act by reason of Sections 218(d)(5)(A), 29 218(d)(8)(D), and 218(l)(1) of that Act. A person who 30 was employed as an arson investigator on January 1, 1995 31 and is no longer in service but not yet receiving a 32 retirement annuity may convert his or her creditable 33 service for employment as an arson investigator into 34 eligible creditable service by paying to the System the SB745 Engrossed -404- LRB9101253EGfg 1 difference between the employee contributions actually 2 paid for that service and the amounts that would have 3 been contributed if the applicant were contributing at 4 the rate applicable to persons with the same social 5 security status earning eligible creditable service on 6 the date of application. 7 (d) A security employee of the Department of 8 Corrections, and a security employee of the Department of 9 Human Services who is not a mental health police officer, 10 shall not be eligible for the alternative retirement annuity 11 provided by this Section unless he or she meets the following 12 minimum age and service requirements at the time of 13 retirement: 14 (i) 25 years of eligible creditable service and age 15 55; or 16 (ii) beginning January 1, 1987, 25 years of 17 eligible creditable service and age 54, or 24 years of 18 eligible creditable service and age 55; or 19 (iii) beginning January 1, 1988, 25 years of 20 eligible creditable service and age 53, or 23 years of 21 eligible creditable service and age 55; or 22 (iv) beginning January 1, 1989, 25 years of 23 eligible creditable service and age 52, or 22 years of 24 eligible creditable service and age 55; or 25 (v) beginning January 1, 1990, 25 years of eligible 26 creditable service and age 51, or 21 years of eligible 27 creditable service and age 55; or 28 (vi) beginning January 1, 1991, 25 years of 29 eligible creditable service and age 50, or 20 years of 30 eligible creditable service and age 55. 31 Persons who have service credit under Article 16 of this 32 Code for service as a security employee of the Department of 33 Corrections in a position requiring certification as a 34 teacher may count such service toward establishing their SB745 Engrossed -405- LRB9101253EGfg 1 eligibility under the service requirements of this Section; 2 but such service may be used only for establishing such 3 eligibility, and not for the purpose of increasing or 4 calculating any benefit. 5 (e) If a member enters military service while working in 6 a position in which eligible creditable service may be 7 earned, and returns to State service in the same or another 8 such position, and fulfills in all other respects the 9 conditions prescribed in this Article for credit for military 10 service, such military service shall be credited as eligible 11 creditable service for the purposes of the retirement annuity 12 prescribed in this Section. 13 (f) For purposes of calculating retirement annuities 14 under this Section, periods of service rendered after 15 December 31, 1968 and before October 1, 1975 as a covered 16 employee in the position of special agent, conservation 17 police officer, mental health police officer, or investigator 18 for the Secretary of State, shall be deemed to have been 19 service as a noncovered employee, provided that the employee 20 pays to the System prior to retirement an amount equal to (1) 21 the difference between the employee contributions that would 22 have been required for such service as a noncovered employee, 23 and the amount of employee contributions actually paid, plus 24 (2) if payment is made after July 31, 1987, regular interest 25 on the amount specified in item (1) from the date of service 26 to the date of payment. 27 For purposes of calculating retirement annuities under 28 this Section, periods of service rendered after December 31, 29 1968 and before January 1, 1982 as a covered employee in the 30 position of investigator for the Department of Revenue shall 31 be deemed to have been service as a noncovered employee, 32 provided that the employee pays to the System prior to 33 retirement an amount equal to (1) the difference between the 34 employee contributions that would have been required for such SB745 Engrossed -406- LRB9101253EGfg 1 service as a noncovered employee, and the amount of employee 2 contributions actually paid, plus (2) if payment is made 3 after January 1, 1990, regular interest on the amount 4 specified in item (1) from the date of service to the date of 5 payment. 6 (g) A State policeman may elect, not later than January 7 1, 1990, to establish eligible creditable service for up to 8 10 years of his service as a policeman under Article 3, by 9 filing a written election with the Board, accompanied by 10 payment of an amount to be determined by the Board, equal to 11 (i) the difference between the amount of employee and 12 employer contributions transferred to the System under 13 Section 3-110.5, and the amounts that would have been 14 contributed had such contributions been made at the rates 15 applicable to State policemen, plus (ii) interest thereon at 16 the effective rate for each year, compounded annually, from 17 the date of service to the date of payment. 18 Subject to the limitation in subsection (i), a State 19 policeman may elect, not later than July 1, 1993, to 20 establish eligible creditable service for up to 10 years of 21 his service as a member of the County Police Department under 22 Article 9, by filing a written election with the Board, 23 accompanied by payment of an amount to be determined by the 24 Board, equal to (i) the difference between the amount of 25 employee and employer contributions transferred to the System 26 under Section 9-121.10 and the amounts that would have been 27 contributed had those contributions been made at the rates 28 applicable to State policemen, plus (ii) interest thereon at 29 the effective rate for each year, compounded annually, from 30 the date of service to the date of payment. 31 (h) Subject to the limitation in subsection (i), a State 32 policeman or investigator for the Secretary of State may 33 elect to establish eligible creditable service for up to 12 34 years of his service as a policeman under Article 5, by SB745 Engrossed -407- LRB9101253EGfg 1 filing a written election with the Board on or before January 2 31, 1992, and paying to the System by January 31, 1994 an 3 amount to be determined by the Board, equal to (i) the 4 difference between the amount of employee and employer 5 contributions transferred to the System under Section 5-236, 6 and the amounts that would have been contributed had such 7 contributions been made at the rates applicable to State 8 policemen, plus (ii) interest thereon at the effective rate 9 for each year, compounded annually, from the date of service 10 to the date of payment. 11 Subject to the limitation in subsection (i), a State 12 policeman, conservation police officer, or investigator for 13 the Secretary of State may elect to establish eligible 14 creditable service for up to 10 years of service as a 15 sheriff's law enforcement employee under Article 7, by filing 16 a written election with the Board on or before January 31, 17 1993, and paying to the System by January 31, 1994 an amount 18 to be determined by the Board, equal to (i) the difference 19 between the amount of employee and employer contributions 20 transferred to the System under Section 7-139.7, and the 21 amounts that would have been contributed had such 22 contributions been made at the rates applicable to State 23 policemen, plus (ii) interest thereon at the effective rate 24 for each year, compounded annually, from the date of service 25 to the date of payment. 26 (i) The total amount of eligible creditable service 27 established by any person under subsections (g), (h), (j), 28 (k), and (l) of this Section shall not exceed 12 years. 29 (j) Subject to the limitation in subsection (i), an 30 investigator for the Office of the State's Attorneys 31 Appellate Prosecutor or a controlled substance inspector may 32 elect to establish eligible creditable service for up to 10 33 years of his service as a policeman under Article 3 or a 34 sheriff's law enforcement employee under Article 7, by filing SB745 Engrossed -408- LRB9101253EGfg 1 a written election with the Board, accompanied by payment of 2 an amount to be determined by the Board, equal to (1) the 3 difference between the amount of employee and employer 4 contributions transferred to the System under Section 3-110.6 5 or 7-139.8, and the amounts that would have been contributed 6 had such contributions been made at the rates applicable to 7 State policemen, plus (2) interest thereon at the effective 8 rate for each year, compounded annually, from the date of 9 service to the date of payment. 10 (k) Subject to the limitation in subsection (i) of this 11 Section, an alternative formula employee may elect to 12 establish eligible creditable service for periods spent as a 13 full-time law enforcement officer or full-time corrections 14 officer employed by the federal government or by a state or 15 local government located outside of Illinois, for which 16 credit is not held in any other public employee pension fund 17 or retirement system. To obtain this credit, the applicant 18 must file a written application with the Board by March 31, 19 1998, accompanied by evidence of eligibility acceptable to 20 the Board and payment of an amount to be determined by the 21 Board, equal to (1) employee contributions for the credit 22 being established, based upon the applicant's salary on the 23 first day as an alternative formula employee after the 24 employment for which credit is being established and the 25 rates then applicable to alternative formula employees, plus 26 (2) an amount determined by the Board to be the employer's 27 normal cost of the benefits accrued for the credit being 28 established, plus (3) regular interest on the amounts in 29 items (1) and (2) from the first day as an alternative 30 formula employee after the employment for which credit is 31 being established to the date of payment. 32 (l) Subject to the limitation in subsection (i), a 33 security employee of the Department of Corrections may elect, 34 not later than July 1, 1998, to establish eligible creditable SB745 Engrossed -409- LRB9101253EGfg 1 service for up to 10 years of his or her service as a 2 policeman under Article 3, by filing a written election with 3 the Board, accompanied by payment of an amount to be 4 determined by the Board, equal to (i) the difference between 5 the amount of employee and employer contributions transferred 6 to the System under Section 3-110.5, and the amounts that 7 would have been contributed had such contributions been made 8 at the rates applicable to security employees of the 9 Department of Corrections, plus (ii) interest thereon at the 10 effective rate for each year, compounded annually, from the 11 date of service to the date of payment. 12 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96; 13 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.) 14 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120) 15 Sec. 14-120. Survivors annuities - Conditions for 16 payments. A survivors annuity is established for all members 17 of the System. Upon the death of any male person who was a 18 member on July 19, 1961, however, his widow may have the 19 option of receiving the widow's annuity provided in this 20 Article, in lieu of the survivors annuity. 21 (a) A survivors annuity beneficiary, as herein defined, 22 is eligible for a survivors annuity if the deceased member 23 had completed at least 1 1/2 years of contributing creditable 24 service if death occurred: 25 (1) while in service; 26 (2) while on an approved or authorized leave of 27 absence from service, not exceeding one year 28 continuously; or 29 (3) while in receipt of a non-occupational 30 disability or an occupational disability benefit. 31 (b) If death of the member occurs after withdrawal, the 32 survivors annuity beneficiary is eligible for such annuity 33 only if the member had fulfilled at the date of withdrawal SB745 Engrossed -410- LRB9101253EGfg 1 the prescribed service conditions for establishing a right in 2 a retirement annuity. 3 (c) Payment of the survivors annuity shall begin 4 immediately if the beneficiary is 50 years or over, or upon 5 attainment of age 50 if the beneficiary is under that age at 6 the date of the member's death. In the case of survivors of a 7 member whose death occurred between November 1, 1970 and July 8 15, 1971, the payment of the survivors annuity shall begin 9 upon October 1, 1977, if the beneficiary is then 50 years of 10 age or older, or upon the attainment of age 50 if the 11 beneficiary is under that age on October 1, 1977. 12 If an eligible child or children, under the care of the 13 spouse also survive the member, the survivors annuity shall 14 begin immediately without regard to whether the beneficiary 15 has attained age 50. 16 Benefits under this Section shall accrue and be payable 17 for whole calendar months, beginning on the first day of the 18 month after the initiating event occurs and ending on the 19 last day of the month in which the terminating event occurs. 20 (d) A survivor annuity beneficiary means: 21 (1) A spouse of a member or annuitant if the 22 current marriage with the member or annuitant was in 23 effect for at least one year at the date of the member or 24 annuitant'smember'sdeath orat least one year at the25date of his or herwithdrawal, whichever first occurs. 26 (2) An unmarried child under age 18 (under age 22 27 if a full-time student) of the member or annuitant; an 28 unmarried stepchild under age 18 (under age 22 if a 29 full-time student) who has been such for at least one 30 year at the date of the member's death or at least one 31 year at the date of withdrawal, whichever first occurs; 32 an unmarried adopted child under age 18 (under age 22 if 33 a full-time student) if the adoption proceedings were 34 initiated at least one year prior to the death or SB745 Engrossed -411- LRB9101253EGfg 1 withdrawal of the member or annuitant, whichever first 2 occurs; and an unmarried child over age 18 if he or she 3 is dependent by reason of a physical or mental 4 disability, so long as the physical or mental disability 5 continues. For purposes of this subsection, disability 6 means inability to engage in any substantial gainful 7 activity by reason of any medically determinable physical 8 or mental impairment which can be expected to result in 9 death or which has lasted or can be expected to last for 10 a continuous period of not less than 12 months. 11 (3) A dependent parent of the member or annuitant; 12 a dependent step-parent by a marriage contracted before 13 the member or annuitant attained age 18; or a dependent 14 adopting parent by whom the member or annuitant was 15 adopted before he or she attained age 18. 16 (e) Payment of a survivors annuity to a beneficiary 17 terminates upon: (1) remarriage before age 55 or death, if 18 the beneficiary isofa spouse; (2) marriage or death, if the 19 beneficiary isofa child; or (3) remarriage before age 55 or 20 death, if the beneficiary isofa parentterminates the21survivors annuity payable on account of such beneficiary. 22 Remarriage of a prospective beneficiary prior to the 23 attainment of age 50 disqualifies the beneficiary for the 24 annuity expectancy hereunder. Termination due toamarriage 25 or remarriage shall be permanent regardless of any future 26 changes in marital status. 27 Any person whose survivors annuity was terminated during 28 1978 or 1979 due to remarriage at age 55 or over shall be 29 eligible to apply, not later than July 1, 1990, for a 30 resumption of that annuity, to begin on July 1, 1990. 31 (f) The term "dependent" relating to a survivors annuity 32 means a beneficiary of a survivors annuity who was receiving 33 from the member at the date of the member's death at least 34 1/2 of the support for maintenance including board, lodging, SB745 Engrossed -412- LRB9101253EGfg 1 medical care and like living costs. 2 (g) If there is no eligible spouse surviving the member, 3 or if a survivors annuity beneficiary includes a spouse who 4 dies or remarries, the annuity is payable to an unmarried 5 child or children. If at the date of death of the member 6 there is no spouse or unmarried child, payments shall be made 7 to a dependent parent or parents. If no eligible survivors 8 annuity beneficiary survives the member, the non-occupational 9 death benefit is payable in the manner provided in this 10 Article. 11 (h) Survivor benefits do not affect any reversionary 12 annuity. 13 (i) If a survivors annuity beneficiary becomes entitled 14 to a widow's annuity or one or more survivors annuities or 15 both such annuities, the beneficiary shall elect to receive 16 only one of such annuities. 17 (j) Contributing creditable service under the State 18 Universities Retirement System and the Teachers'Teachers19 Retirement System of the State of Illinois shall be 20 considered in determining whether the member has met the 21 contributing service requirements of this Section. 22 (k) In lieu of the Survivor's Annuity described in this 23 Section, the spouse of the member has the option to select 24 the Nonoccupational Death Benefit described in this Article, 25 provided the spouse is the sole survivor and the sole 26 nominated beneficiary of the member. 27 (l) The changes made to this Section and Sections 28 14-118, 14-119, and 14-128 by this amendatory Act of 1997, 29 relating to benefits for certain unmarried children who are 30 full-time students under age 22, apply without regard to 31 whether the deceased member was in service on or after the 32 effective date of this amendatory Act of 1997. These changes 33 do not authorize the repayment of a refund or a re-election 34 of benefits, and any benefit or increase in benefits SB745 Engrossed -413- LRB9101253EGfg 1 resulting from these changes is not payable retroactively for 2 any period before the effective date of this amendatory Act 3 of 1997. 4 (Source: P.A. 90-448, eff. 8-16-97; revised 2-24-98.) 5 (40 ILCS 5/15-102) (from Ch. 108 1/2, par. 15-102) 6 Sec. 15-102. Terms defined. The terms used in this 7 Article shall have the meanings ascribed to them in Sections 8 15-103 through 15-132.115-132, except when the context 9 otherwise requires. 10 (Source: P.A. 83-1440; revised 3-2-98.) 11 (40 ILCS 5/15-113.6) (from Ch. 108 1/2, par. 15-113.6) 12 Sec. 15-113.6. Service for employment in public schools. 13 "Service for employment in public schools": Includes those 14 periods not exceeding the lesser of 10 years or 2/3 of the 15 service granted under other Sections of this Article dealing 16 with service credit, during which a person who entered the 17 system after September 1, 1974 was employed full time by a 18 public common school, public college and public university, 19 or by an agency or instrumentality of any of the foregoing, 20 of any state, territory, dependency or possession of the 21 United States of America, including the PhilippinePhillipine22Islands, or a school operated by or under the auspices of 23 any agency or department of any other state, if the person 24 (1) cannot qualify for a retirement pension or other benefit 25 based upon employer contributions from another retirement 26 system, exclusive of federal social security, based in whole 27 or in part upon this employment, and (2) pays the lesser of 28 (A) an amount equal to 8% of his or her annual basic 29 compensation on the date of becoming a participating employee 30 subsequent to this service multiplied by the number of years 31 of such service, together with compound interest from the 32 date participation begins to the date payment is received by SB745 Engrossed -414- LRB9101253EGfg 1 the board at the rate of 6% per annum through August 31, 2 1982, and at the effective rates after that date, and (B) 50% 3 of the actuarial value of the increase in the retirement 4 annuity provided by this service, and (3) contributes for at 5 least 5 years subsequent to this employment to one or more of 6 the following systems: the State Universities Retirement 7 System, the Teachers' Retirement System of the State of 8 Illinois, and the Public School Teachers' Pension and 9 Retirement Fund of Chicago. 10 The service granted under this Section shall not be 11 considered in determining whether the person has the minimum 12 of 8 years of service required to qualify for a retirement 13 annuity at age 55 or the 5 years of service required to 14 qualify for a retirement annuity at age 62, as provided in 15 Section 15-135. The maximum allowable service of 10 years 16 for this governmental employment shall be reduced by the 17 service credit which is validated under paragraph (3) of 18 Section 16-127 and paragraph 1oneof Section 17-133. 19 (Source: P.A. 83-1440; revised 10-31-98.) 20 (40 ILCS 5/17-123) (from Ch. 108 1/2, par. 17-123) 21 Sec. 17-123. Death benefits - Death in service. If a 22 teacher dies (a) in service, (b) after resignation or (c) 23 after retirement but before receiving any pension payment, 24 his or her estate shall be paid a refund of the amounts he or 25 she contributed to the Fund less (1) any former refund that 26 has not been repaid, (2) the amount contributed for a 27 survivor's pension in the event such pension is payable under 28 Sections 17-121 and 17-122121 and 122 of this Articleand 29 (3) pension payments received; but if a written direction, 30 signed by the contributor before an officer authorized to 31 take acknowledgments and stating that the refund shall be 32 paid to named beneficiaries, was filed with the Board prior 33 to his or her death, the refund shall be paid to such named SB745 Engrossed -415- LRB9101253EGfg 1 beneficiaries. If any of several named beneficiaries does not 2 survive the contributor and no directive was furnished by the 3 member to cover this contingency, the deceased beneficiary's 4 share of the refund shall be paid to the estate of the 5 contributor. 6 In addition to the payment provided in the foregoing 7 paragraph, if such teacher has received service credit within 8 13 calendar months of the date of death or was on a sick 9 leave authorized by the Employer at the time of death, and if 10 no other pensions or benefits were payable under the 11 provisions of this Article or any other participating system, 12 as defined in the Illinois Retirement Systems Reciprocal Act, 13 except a refund of contributions or a survivor's pension, 14 there shall be paid a single payment death benefit. For a 15 teacher who dies on or after the effective date of this 16 amendatory Act of 1991, this benefit shall be equal to the 17 last month's base rate of salary, subject to the limitations 18 and conditions set forth in this Article, for each year of 19 validated service, not to exceed 6 times such salary, or 20 $10,000, whichever is less. The single payment death benefit 21 shall be paid in the manner prescribed for a refund of 22 contributions to the Fund. 23 Death benefits shall be paid only on written application 24 to the Board. 25 (Source: P.A. 90-566, eff. 1-2-98; revised 3-2-98.) 26 (40 ILCS 5/17-127.2) 27 Sec. 17-127.2. Additional contributions by employer of 28 teachers.(a)Beginning July 1, 1998, the employer of a 29 teacher shall pay to the Fund an employer contribution 30 computed as follows: 31 (1) Beginning July 1, 1998 through June 30, 1999, 32 the employer contribution shall be equal to 0.3% of each 33 teacher's salary. SB745 Engrossed -416- LRB9101253EGfg 1 (2) Beginning July 1, 1999 and thereafter, the 2 employer contribution shall be equal to 0.58% of each 3 teacher's salary. 4 The employer may pay these employer contributions out of any 5 source of funding available for that purpose and shall 6 forward the contributions to the Fund on the schedule 7 established for the payment of member contributions. 8 These employer contributions need not be made in a fiscal 9 year if the Board has certified in the previous fiscal year 10 that the Fund is at least 90% funded, based on actuarial 11 determinations. 12 These employer contributions are intended to offset a 13 portion of the cost to the Fund of the increases in 14 retirement benefits resulting from Public Act 90-582this15amendatory Act of 1998. 16 (Source: P.A. 90-582, eff. 5-27-98; revised 10-28-98.) 17 (40 ILCS 5/18-112.2) (from Ch. 108 1/2, par. 18-112.2) 18 Sec. 18-112.2. Transfer of creditable service to Article 19 8, 9 or 13 Fund. 20 (a) Any city officer as defined in Section 8-243.2 of 21 this Code, any county officer elected by vote of the people 22 who is a participant in the pension fund established under 23 Article 913of this Code, and any elected sanitary district 24 commissioner who is a participant in a pension fund 25 established under Article 13 of this Code, may apply for 26 transfer of his or her credits and creditable service 27 accumulated under this System to such Article 8, 9 or 13 28 fund. Such creditable service shall be transferred 29 forthwith. Payment by this System to the Article 8, 9 or 13 30 fund shall be made at the same time, and shall consist of: 31 (1) the amounts credited to the applicant through 32 employee contributions, including interest if applicable, 33 on the date of transfer; and SB745 Engrossed -417- LRB9101253EGfg 1 (2) employer contributions equal to the accumulated 2 employee contributions as determined under clause (1) 3 above. 4 Participation in this System shall terminate on the date 5 of transfer. 6 (b) Any such elected city officer, county officer or 7 sanitary district commissioner may reinstate credits and 8 creditable service terminated upon receipt of a refund, by 9 repaying to the System the amount of the refund together with 10 interest thereon to the date of payment. 11 (Source: P.A. 85-964; 86-1488; revised 10-31-98.) 12 Section 68. The Local Records Act is amended by changing 13 Section 3a as follows: 14 (50 ILCS 205/3a) (from Ch. 116, par. 43.103a) 15 Sec. 3a.(a)Reports and records of the obligation, 16 receipt and use of public funds of the units of local 17 government and school districts, including certified audits, 18 management letters and other audit reports made by the 19 Auditor General, County Auditors, other officers or by 20 certified public accountants licensed under the Illinois 21 Public Accounting Act"An Act to regulate the practice of22public accounting and to repeal certain Acts therein named",23approved July 22, 1943, as amended,and presented to the 24 corporate authorities or boards of the units of local 25 government, are public records available for inspection by 26 the public. These records shall be kept at the official place 27 of business of each unit of local government and school 28 district or at a designated place of business of the unit or 29 district. These records shall be available for public 30 inspection during regular office hours except when in 31 immediate use by persons exercising official duties which 32 require the use of those records. The person in charge of SB745 Engrossed -418- LRB9101253EGfg 1 such records may require a notice in writing to be submitted 2 24 hours prior to inspection and may require that such notice 3 specify which records are to be inspected. Nothing in this 4 Section shall require units of local government and school 5 districts to invade or assist in the invasion of any person's 6 right to privacy. 7 (Source: P.A. 82-239; revised 10-31-98.) 8 Section 69. The Governmental Account Audit Act is 9 amended by changing Section 10 as follows: 10 (50 ILCS 310/10) (from Ch. 85, par. 710) 11 Sec. 10. This Act does not relieve any officer of any 12 other duties required by law of him with respect to the 13 auditing of public accounts or the disbursement of public 14 funds. Failure of the governing body of any governmental unit 15 to comply with the provisionsprovisionof this Act does not 16 affect the legality of taxes levied for any of the funds of 17 such governmental unit. 18 (Source: Laws 1967, p. 529; revised 10-31-98.) 19 Section 70. The Local Government Debt Limitation Act is 20 amended by changing Section 1.22 as follows: 21 (50 ILCS 405/1.22) (from Ch. 85, par. 851.22) 22 Sec. 1.22. The limitations prescribed in Section 1 of 23 this Act do not apply to any indebtedness of any township for 24 acquisition of open lands and their use for open space 25 purposes under Article 115 of the Township Code. 26 (Source: P.A. 88-670, eff. 12-2-94; revised 10-31-98.) 27 Section 71. The Illinois Police Training Act is amended 28 by changing Section 2 as follows: SB745 Engrossed -419- LRB9101253EGfg 1 (50 ILCS 705/2) (from Ch. 85, par. 502) 2 Sec. 2. Definitions. As used in this Act, unless the 3 context otherwise requires: 4 "Board" means the Illinois Law Enforcement Training 5 Standards Board. 6 "Local governmental agency" means any local governmental 7 unit or municipal corporation in this State. It does not 8 include the State of Illinois or any office, officer, 9 department, division, bureau, board, commission, or agency of 10 the State, except that it does include a State-controlled 11 university, college or public community college. 12 "Police training school" means any school located within 13 the State of Illinois whether privately or publicly owned 14 which offers a course in police or county corrections 15 training and has been approved by the Board. 16 "Probationary police officer" means a recruit law 17 enforcement officer required to successfully complete initial 18 minimum basic training requirements at a police training 19 school to be eligible for permanent full-time employment as a 20 local law enforcement officer. 21 "Probationary part-time police officer" means a recruit 22 part-time law enforcement officer required to successfully 23 complete initial minimum part-time training requirements to 24 be eligible for employment on a part-time basis as a local 25 law enforcement officer. 26 "Permanent police officer" means a law enforcement 27 officer who has completed his or her probationary period and 28 is permanently employed on a full-time basis as a local law 29 enforcement officer by a participating local governmental 30 unit or as a security officer or campus policeman permanently 31 employed by a participating State-controlled university, 32 college, or public community college. 33 "Part-time police officer" means a law enforcement 34 officer who has completed his or her probationary period and SB745 Engrossed -420- LRB9101253EGfg 1 is employed on a part-time basis as a law enforcement officer 2 by a participating unit of local government or as a campus 3 policeman by a participating State-controlled university, 4 college, or public community college. 5 "Law enforcement officer" means any police officer of a 6 local governmental agency who is primarily responsible for 7 prevention or detection of crime and the enforcement of the 8 criminal code, traffic, or highway laws of this State or any 9 political subdivision of this State. 10 "Recruit" means any full-time or part-time law 11 enforcement officer or full-time county corrections officer 12 who is enrolled in an approved training course. 13 "Probationary county corrections officer" means a recruit 14 county corrections officer required to successfully complete 15 initial minimum basic training requirements at a police 16 training school to be eligible for permanent employment on a 17 full-time basis as a county corrections officer. 18 "Permanent county corrections officer" means a county 19 corrections officer who has completed his probationary period 20 and is permanently employed on a full-time basis as a county 21 corrections officer by a participating local governmental 22 unit. 23 "County corrections officer" means any sworn officer of 24 the sheriff who is primarily responsible for the control and 25 custody of offenders, detainees or inmates. 26 "Probationary court security officer" means a recruit 27 court security officer required to successfully complete 28 initial minimum basic training requirements at a designated 29 training school to be eligible for employment as a court 30 security officer. 31 "Permanent court security officer" means a court security 32 officer who has completed his or her probationary period and 33 is employed as a court security officer by a participating 34 local governmental unit. SB745 Engrossed -421- LRB9101253EGfg 1 "Court security officer" has the meaning ascribed to it 2 in Section 3-6012.1 of the Counties Code. 3 (Source: P.A. 89-170, eff. 1-1-96; 89-685, eff. 6-1-97; 4 89-707, eff. 6-1-97; 90-271, eff. 7-30-97; revised 7-10-98.) 5 Section 72. The Law Enforcement Intern Training Act is 6 amended by changing Sections 5 and 20 as follows: 7 (50 ILCS 708/5) 8 Sec. 5. Definitions. As used in this Act: 9 "Academy" means a school certified by the Illinois Law 10 Enforcement TrainingandStandards Board to provide basic 11 training under Section 6 of the Illinois Police Training Act. 12 "Board" means the Illinois Law Enforcement Trainingand13 Standards Board created by the Illinois Police Training Act. 14 "Law Enforcement Intern" means a civilian who has met the 15 requirements to enter the Law Enforcement Intern Training 16 Program and who is not employed as a law enforcement officer 17 under the Illinois Police Training Act. 18 "Graduate Law Enforcement Intern" means a civilian who 19 has successfully completed the law enforcement intern 20 training course and is not employed as a law enforcement 21 officer under the Illinois Police Training Act. 22 "Trainee" means a law enforcement intern who is enrolled 23 in the Law Enforcement Intern Training Program. 24 (Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.) 25 (50 ILCS 708/20) 26 Sec. 20. Certification; transition course. The Board 27 shall require law enforcement interns to undertake, at a 28 minimum, the same training requirements as established for 29 law enforcement officers under the Illinois Police Training 30 Act. The Board certificate reserved for law enforcement 31 officers shall not be awarded until the law enforcement SB745 Engrossed -422- LRB9101253EGfg 1 intern is employed, has successfully completed the State 2 certification exam, and meets the requirements established by 3 the Board. The Law Enforcement Intern Certificate shall be 4 issued to the trainee following the successful completion of 5 the course. The graduate law enforcement intern, if not 6 employed as a law enforcement officer within 2 years after 7 issuance of the law enforcement intern certificate, must then 8 meet the requirements of the Illinois Police Training Act 9 upon employment. A graduate law enforcement intern who is 10 not employed within one year, but is hired within 2 years 11 after completing the course, must successfully complete a 12 transition course approved by the Illinois Law Enforcement 13PoliceTraining Standards Board and again successfully 14 complete the law enforcement State certification exam in 15 order to obtain the Board's certificate reserved for law 16 enforcement officers. The transition course shall consist of 17 a minimum of 80 hours and shall be conducted at a Board 18 certified academy. 19 (Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.) 20 Section 73. The Counties Code is amended by changing 21 Sections 3-2005, 3-3042, 3-10003, 3-12013, 3-13001, 4-2003, 22 5-1109, 5-23006, 5-23014, 5-32014, 5-32017, and 5-32030 as 23 follows: 24 (55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005) 25 Sec. 3-2005. Bond. Each county clerk shall, before 26 entering upon the duties of his or her office, give bond (or, 27 if the county is self-insured, the county through its 28 self-insurance program may provide bonding) in such penalty 29 and with such security as the county board shall deem 30 sufficient, which bond shall be substantially in the 31 following form, and shall be recorded in full in the records 32 of his or her office, and when so recorded shall be deposited SB745 Engrossed -423- LRB9101253EGfg 1 with the clerk of the circuit court for safe keeping: 2 We, (A B) principal, and (C D),and (E F), sureties, all 3 of the county of ....,and State of Illinois, are obligated 4 to the People of the State of Illinois, in the penal sum of 5 $...., for the payment of which, we obligate ourselves, each 6 of us, our heirs, executors and administrators. 7 The condition of the above bond is such, that if the 8 above obligated (A B) shall perform all the duties which are 9 or may be required by law to be performed by him as county 10 clerk of the county of .... in the time and manner prescribed 11 or to be prescribed by law, and when he is succeeded in 12 office, shall surrender and deliver over to his or her 13 successor in office all books, papers, moneys, and other 14 things belonging to the county, and appertaining to his or 15 her office, then the above bond to be void; otherwise to 16 remain in full force. 17 Dated (insert date).1918 Signed and delivered in the presence of (G H). 19 Signature A B, 20 Signature C D, 21 Signature E F, 22 (Source: P.A. 88-387; revised 10-20-98.) 23 (55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042) 24 Sec. 3-3042. Duties of deputies. Deputy coroners, duly 25 appointed and qualified, may perform any and all of the 26 duties of the coroner in the name of the coroner, and the 27 acts of such deputies shall be held to be acts of the 28 coroner. 29 (Source: P.A. 86-962; revised 10-31-98.) 30 (55 ILCS 5/3-10003) (from Ch. 34, par. 3-10003) 31 Sec. 3-10003. Bond; form. Each County treasurer, before 32 he or she enters upon the duties of his or her office, shall SB745 Engrossed -424- LRB9101253EGfg 1 also execute a bond (or, if the county is self-insured, the 2 county through its self-insurance program may provide 3 bonding) in such penalty and with such security as the county 4 board shall deem sufficient, which bond in every county now 5 having or which may hereafter have a population of 500,000 or 6 more shall be in a penal sum of not less than $1,500,000. 7 Such bond shall be in substance in the following form to-wit: 8 We, (A.B.), principal, and (C.D. and E.F.), sureties, all 9 of the county of .... and State of Illinois, are obligated to 10 the People of the State of Illinois in the penal sum of 11 $...., for the payment of which, we obligate ourselves, each 12 of us, our heirs, executors and administrators, successors 13 and assigns. 14 The condition of the above bond is such, that if the 15 above obligated (A.B.) shall perform all the duties which are 16 or may be required by law to be performed by him or her, as 17 treasurer of the county of .... in the time and manner 18 prescribed or to be prescribed by law, and when he or she is 19 succeeded in office, shall surrender and deliver over to his 20 or her successor in office, all books, papers, moneys and 21 other things belonging to the county, and appertaining to his 22 or her office, except as hereinafter provided, then the above 23 bond to be void; otherwise to remain in full force. 24 It is expressly understood and intended that the 25 obligation of the above named sureties shall not extend to 26 any loss sustained by the insolvency, failure or closing of 27 any bank or trust company organized and operating under the 28 laws of this State or of the United States wherein the 29 principal has placed the funds in his custody or control, or 30 any part thereof. 31 Dated (insert date).1932 Signed and delivered in the presence of (G.H.) 33 A. B. .... (Signature) 34 C. D. .... (Signature) SB745 Engrossed -425- LRB9101253EGfg 1 E. F. .... (Signature) 2 The bond shall be filed with the county clerk on or 3 before the first Monday of December after such election. 4 (Source: P.A. 88-387; revised 10-20-98.) 5 (55 ILCS 5/3-12013) (from Ch. 34, par. 3-12013) 6 Sec. 3-12013. Violations; prosecution.Violations,7penalties, prosecutions.Any person who wilfully or through 8 culpable negligence violates this Division, or any 9 commission, examiner, agent or employee of the commission, or 10 any applicant who wilfully or through culpable negligence 11 violates any rule promulgated under this Division, shall be 12 punished by a fine of not less than $50 nor more than $1,000, 13 or by imprisonment in a penal institution other than the 14 penitentiary for a term not exceeding 6 months, or both. 15 All prosecutions for violations of this Division shall be 16 instituted and conducted by the State's Attorney of the 17 county where the offense occurred. In the case of conviction 18 under this Division, the office or position held by the 19 person convicted shall be considered vacant. 20 (Source: P.A. 86-962; revised 10-31-98.) 21 (55 ILCS 5/3-13001) (from Ch. 34, par. 3-13001) 22 Sec. 3-13001. Account of fees received by county 23 officers. Every county officer of counties of the first and 24 second classes who collects fees shall, in a book to be kept 25 for that purpose, keep a full, true and minute account of all 26 the fees and emoluments of his or her office, designating in 27 corresponding columns, the amount of all fees and emoluments 28 earned, and all payments received on account thereof, and 29 showing the name of each person or persons paying fees, and 30 the amount received from each person, and shall also keep an 31 account of all expenditures made by him or her on account of 32 clerk hire, stationery, fuel, and other expenses, for keeping SB745 Engrossed -426- LRB9101253EGfg 1 which book no fees shall be allowed to such officer. 2 Every such officer of counties of the first and second 3 classes, shall, on the first day of June and December of each 4 year, make to the chairman of the county boards, a return in 5 writing of all the fees and emoluments of his or her office, 6 of every name and character, which report shall show the 7 gross amount of the earnings of the office, and the total 8 amount of receipts of whatever name and character, and all 9 necessary expenses for clerk hire, stationery, fuel and other 10 expenses for the half year ending at the time of such report, 11 or the portion thereof. 12 The county boards, in counties of the first and second 13 class, shall carefully audit and examine such report, and 14 ascertain the exact balance of such fees, if any, held by any 15 such officer, and shall order that such officer shall pay 16 over such moneys to the county treasurer, whose receipt 17 therefor shall be evidence of the settlement, by such officer 18 of such report. 19 Every such report shall be signed and verified by the 20 affidavit of the officer making the same, which affidavit 21 shall be substantially of the following form: 22 "STATE OF ILLINOIS, 23 County of .... 24 I, ...., do solemnly swear, that the foregoing account 25 is, in all respects, just and true, according to my best 26 knowledge and belief; and that I have neither received, 27 directly or indirectly, nor directly or indirectly agreed to 28 receive or be paid, for my own or another's benefit, any 29 other moneys, article or consideration than therein stated. 30 ........................ 31 Signed and sworn to before me on (insert date).this ....32day of ...., 19.33 ......................." 34 (Source: P.A. 86-962; revised 10-20-98.) SB745 Engrossed -427- LRB9101253EGfg 1 (55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003) 2 Sec. 4-2003. Assistants. Where assistant State's 3 Attorneys are required in any county, the number of such 4 assistants shall be determined by the county board, and the 5 salaries of such assistants shall be fixed by the State's 6 Attorney subject to budgetary limitations established by the 7 county board and paid out of the county treasury in quarterly 8 annual installments, on the order of the county board on the 9 treasurer of said county. Such assistant State's Attorneys 10 are to be named by the State's Attorney of the county, and 11 when so appointed shall take the oath of office in the same 12likemanner as State's Attorneys,and shall be under the 13 supervision of the State's Attorney. 14 (Source: P.A. 86-962; 86-1303; revised 10-31-98.) 15 (55 ILCS 5/5-1109) (from Ch. 34, par. 5-1109) 16 Sec. 5-1109. Assessment maps in counties of less than 17 1,000,000. The county board of any county having a 18 population of less than 1,000,000 inhabitants may whenever in 19 the opinion of the board it becomes necessary, retain the 20 services of a surveyor who shall be registered under the 21 provisions of the Illinois Professional Land Surveyor Act of 22 1989, as amended, or a person experienced in the preparation 23 of assessment maps or plats, to prepare assessment maps or 24 plats of all or any part of the real property in any or all 25 of the townships in such county. Such maps shall show each 26 separately assessed parcel of real estate together with the 27 area thereof. Subdivided property in recorded plats shall be 28 given the same designation as is contained in the plat 29 recorded, except that the surveyor may designate by letter or 30 number any assessed parcel within such recorded plat which 31 cannot be identified without describing it by metes and 32 bounds. Assessed parcels not within recorded plats shall be 33 designated by lot numbers or letters. The county board in SB745 Engrossed -428- LRB9101253EGfg 1 each county may make such further regulations concerning this 2 work as are deemed necessary. A copy of the books containing 3 such maps or plats shall be filed with the county assessor or 4 supervisor of assessments, with the recorder and with the 5 county clerk, and a copy of the maps or plats for each 6 township shall be filed with the assessor of such township, 7 all of whom shall maintain and preserve these copies subject 8 to the provisions of the Local Records Act, as amended. Upon 9 the filing of the books as aforesaid, the county clerk, the 10 township or county assessor, the supervisor of assessments, 11 the board of review, and all other persons whose duty it is 12 to assess property within the area covered by the maps, 13 shall, beginning with the next quadrennial assessment year as 14 set forth in Section 9-95 of the Property Tax Code, assess 15 the parcels of land by identifying them in accordance with 16 the description and designation set forth in such assessment 17 map or maps. All maps filed in accordance herewith shall be 18 designated as "Supervisors' Assessment Maps .... Township". 19 In any county adopting the provisions of this Section, a 20 surveyor, who shall be registered under the provisions of the 21 Illinois Professional Land Surveyor Act of 1989, as amended, 22 or a person experienced in the preparation of assessment maps 23 or plats, shall be retained by the county board and shall 24 prepare supplemental or correction maps showing all changes 25 in assessment descriptions made subsequent to the preceding 26 maps and prior to November 15 of the year preceding each 27 quadrennial assessment year. Supplemental or correction maps 28 shall be prepared only of those pages upon which corrections 29 or changes are to be made and shall conform to the original 30 maps filed except as to such changes. Copies of such 31 supplemental or correction maps or pages, properly indexed 32 and identified, shall be bound in one volume, if practical; 33 shall be filed in the same manner as is herein provided for 34 copies of the original maps; and shall be known as SB745 Engrossed -429- LRB9101253EGfg 1 "Supplemental Supervisors' Assessment Maps for the year 2 (insert year)19..". 3 The expense of making such maps or plats and copies 4 thereof shall be borne by the county. 5 (Source: P.A. 88-670, eff. 12-2-94; revised 10-20-98.) 6 (55 ILCS 5/5-23006) (from Ch. 34, par. 5-23006) 7 Sec. 5-23006. Referendum; joint facilities. When 100 8 legal voters of any county shall present a petition, to the 9 County Board of such county asking that an annual tax may be 10 levied for the establishment and maintenance of a county 11 tuberculosis sanitarium in such county, such County Board 12 shall certify the proposition to the proper election 13 officials, who shall submit the proposition at an election in 14 accordance with the general election law. At such election 15 every elector may vote for or against the levy of a tax for 16 the establishment and maintenance of a county tuberculosis 17 sanitarium. The proposition shall be in substantially the 18 following form: 19 ------------------------------------------------------------- 20 Shall an annual tax of not to 21 exceed .075 % of the value as YES 22 equalized or assessed by the 23 Department of Revenue for the ----------------------- 24 establishment and maintenance of 25 a county tuberculosis sanitarium NO 26 be levied? 27 ------------------------------------------------------------- 28 If a majority of all the votes cast upon the proposition 29 shall be for the levy of a tax for a county tuberculosis 30 sanitarium the County Board of such county shall thereafter 31 annually levy a tax of not to exceed .075 per cent of the 32 value, as equalized or assessed by the Department of Revenue, 33 which tax shall be collected in like manner with other SB745 Engrossed -430- LRB9101253EGfg 1 general taxes in such county and shall be known as the 2 "Tuberculosis Sanitarium Fund", and thereafter the County 3 Board of such county shall in the annual appropriation bill, 4 appropriate from such fund such sum or sums of money as may 5 be deemed necessary to defray all necessary expenses and 6 liabilities of such county tuberculosis sanitarium. 7 If a county has adopted a proposition for the levy of a 8 tax of not to exceed one mill on the dollar for a county 9 tuberculosis sanitarium such tax shall after January 1, 1946 10 be extended at a rate not to exceed .05 per cent of the 11 value, as equalized or assessed by the Department of Revenue, 12 but may be increased to not to exceed .075 per cent of the 13 value, as equalized or assessed by the Department of Revenue, 14 by ordering the submission of the proposition to increase 15 such tax to the voters of such county at any regular election 16 in accordance with the general election law; provided that if 17 a county has adopted, prior to January 1, 1946, a proposition 18 for the levy of a tax of not to exceed 1 1/2 mills on the 19 dollar for a county tuberculosis sanitarium, such tax shall 20 after January 1, 1946 be extended at a rate not to exceed 21 .075 per cent of the value, as equalized or assessed by the 22 Department of Revenue. 23 The foregoing limitations upon tax rates, insofar as they 24 are applicable to counties of less than 1,000,000 population, 25 may be increased or decreased under the referendum provisions 26 of the General Revenue Law of Illinois. 27 The County boards of any 2 or more adjoining counties 28 each having a population of less than 1,000,000 inhabitants 29 may hereafter by agreement provide for the joint 30 construction, maintenance and control of a tuberculosis 31 sanitarium. Such agreement shall specify the site of the 32 proposed sanitarium and the proportionate share of the cost 33 of construction and the cost of maintenance which shall be 34 borne by each of such counties. The proposition for such SB745 Engrossed -431- LRB9101253EGfg 1 joint construction, maintenance and control shall be 2 submitted to the voters of each such county at the next 3 succeeding regular election in such county and shall state 4 the proposed site of such sanitarium and the proportionate 5 share of the cost of construction and maintenance to be borne 6 by the respective counties concerned. Each county board shall 7 certify the proposition to the proper election officials who 8 shall submit the proposition at said election in accordance 9 with the general election law. If such proposition is 10 approved by a majority of the voters in each of such counties 11 voting upon the proposition, the presiding officer of the 12 county board of each county, with the advice and consent of 13 that county board, shall appoint 3 directors. The 14 qualifications, terms of office and removal of the directors 15 appointed in each such county shall be as provided in 16 Sections 5-23007 and 5-23008 and vacancies shall be filled in 17 the manner provided in Section 5-230095 hereof. The 18 directors so appointed by the several counties shall 19 constitute a joint board of directors for the control and 20 management of the tuberculosis sanitarium. The joint board 21 of directors shall exercise the powers and be subject to the 22 duties prescribed in this Division for boards of directors of 23 tuberculosis sanitaria. The county board of each of the 24 counties shall annually levy the tax herein provided, and may 25 issue bonds as provided in this paragraph, for the purpose of 26 defraying its proportionate share of the cost of construction 27 and maintenance of the tuberculosis sanitarium. 28 If any county shall issue bonds as hereinafter provided, 29 then so long as taxes are required to be levied and extended 30 to pay the principal of and interest on such bonds, the rate 31 extended in any year for the benefit of the tuberculosis 32 sanitarium fund shall be limited to the amount by which .075 33 per cent of the value, as equalized or assessed by the 34 Department of Revenue, exceeds the rate extended in such year SB745 Engrossed -432- LRB9101253EGfg 1 to pay such principal of and interest on such bonds. 2 (Source: P.A. 86-962; revised 10-31-98.) 3 (55 ILCS 5/5-23014) (from Ch. 34, par. 5-23014) 4 Sec. 5-23014. Residence requirements. For the purposes 5 of this Division, a person is a resident of and entitled to 6 receive the benefits provided for in Section 5-23013 from the 7 county: 8 (a) in which he has resided for at least 3 months 9 or who has demonstrated the intent to become a resident 10 at the time he is first diagnosed as having tuberculosis, 11 or suspected of having tuberculosis, for the period from 12 the time of that diagnosis until his case becomes 13 inactive or he has resided outside of that county for 6 14 months, whichever first occurs; 15 (b) in which he has resided for at least 6 months 16 with a known case of tuberculosis after moving from the 17 county where the case was first diagnosed; or 18 (c) in which he has resided for at least 6 months 19 with a known, but inactive, case of tuberculosis which 20 subsequently is reactivated. 21 The board of directors may provide hospitalization to any 22 person afflicted with tuberculosis regardless of his 23 residence. 24 A person suffering from tuberculosis who does not meet 25 the residency requirements under paragraph (a), (b) or (c) of 26 this Section may be hospitalized in a tuberculosis sanitarium 27 maintained by the Department of Public Health. 28 The board of directors shall provide out-patient 29 diagnostic, treatment and observation services to all persons 30 residing in its county regardless of the length of time of 31 that residence. 32 (Source: P.A. 86-962; revised 10-31-98.) SB745 Engrossed -433- LRB9101253EGfg 1 (55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014) 2 Sec. 5-32014. Special assessment notice. The Committee 3 in addition to the notice in this Division provided for shall 4 publish a notice at least twice not more than 30 days nor 5 less than 15 days in advance of the time at which the 6 confirmation of the specified assessment is to be sought, in 7 one or more newspapers published in the county or if no 8 newspaper is published therein then in one or more newspapers 9 with a general circulation in the county. The notice shall 10 be over the name of the levying officer and shall be 11 substantially as follows: 12 "SPECIAL ASSESSMENT NOTICE 13 Notice is hereby given to all persons interested that the 14 County of .... has order that (herein insert a brief 15 description of the nature of the improvement), the ordinance 16 for the improvement being on file in the office of the County 17 Clerk, having applied to the Circuit Court of .... County, 18 for an assessment of the costs of the improvement according 19 to benefits an assessment therefor having been made and 20 returned to that Court, a final hearing thereon will be had 21 on (insert date),the .... day of ...., 19..,or as soon 22 thereafter as the business of the Court will permit. 23 All persons desiring may file objections in that Court 24 before that day and may appear on the hearing and make their 25 defense. (Here give date) 26 NAME 27 .... (LEVYING OFFICER).")28 The number of installments and the rate of interest also 29 shall be stated. 30 (Source: P.A. 86-962; revised 10-20-98.) 31 (55 ILCS 5/5-32017) (from Ch. 34, par. 5-32017) 32 Sec. 5-32017. Inquiries; powers of court. Upon 33 objections or motions for that purpose, the court in which SB745 Engrossed -434- LRB9101253EGfg 1 the specified proceedingproceedingsis pending may inquire 2 in a summary way whether the officer making roll has omitted 3 any property benefited, and whether or not the assessment as 4 made and returned is an equitable and just distribution of 5 the cost of the improvement among the parcels of property 6 assessed. The court has the power upon such application 7 being made, to revise and correct the assessment levied or to 8 change the manner of distribution among the parcels of 9 private property, so as to produce a just and equitable 10 assessment. The court may either make such corrections or 11 change or determine in general the manner in which the 12 corrections or changes shall be made and refer the assessment 13 roll back to the levying officer for revisions, corrections 14 or alterations in such manner as the court may determine. 15 (Source: P.A. 86-962; revised 10-31-98.) 16 (55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030) 17 Sec. 5-32030. Notice by collector. The collector, or 18 some person designated by him and under his direction, 19 receiving such a warrant shall give notice thereof within 10 20 days by publishing a notice once each week for 2 successive 21 weeks in one or more newspapers published in the county or if 22 no newspaper is published therein then in one or more 23 newspapers with a general circulation in the county. This 24 notice shall be in the form substantially as follows: 25 SPECIAL ASSESSMENT NOTICE 26 Special Warrant No. 27 NOTICE: Publication is hereby given that the (here insert 28 title of court) has rendered judgment for a special 29 assessment upon property benefited by the following 30 improvement: (here describe the character, and location of 31 the improvement in general terms) as will more fully appear 32 from the certified copy of the judgment on file in my office; 33 that the warrant for the collection of this assessment is in SB745 Engrossed -435- LRB9101253EGfg 1 my possession. All persons interested are hereby notified to 2 call and pay the amount assessed at the collector's office 3 (here insert location of office) within 30 days from the date 4 hereof. 5 Dated (insert date).this .... day of ...., 19...6 When such an assessment is levied to be paid in 7 installments, the notice shall contain also the amount of 8 each installment, the rate of interest deferred installments 9 bear and the date when payable. 10 The collector or some person designated by him and under 11 his direction, into whose possession the warrant comes shall 12 by written or printed notice, mailed to all persons whose 13 names appear on the assessment roll inform them of the 14 special assessment and request payment thereof. 15 Any collector omitting to do so is liable to a penalty of 16 $10 for any such omission, but the validity of the special 17 assessment or the right to apply for and obtain judgment 18 thereon is not affected by such an omission. It is the duty 19 of such collector to write the word "Paid" opposite each 20 tract or lot on which the assessment is paid, together with 21 the name and post office address of the person making the 22 payment and the date of the payment. 23 (Source: P.A. 86-962; revised 10-20-98.) 24 Section 74. The Township Code is amended by changing 25 Section 235-5 as follows: 26 (60 ILCS 1/235-5) 27 Sec. 235-5. Township taxes for various purposes. The 28 township board may raise money, by taxation not exceeding the 29 rates established in Section 235-10, for the following 30 purposes: 31 (1) Prosecuting or defending suits by or against 32 the township or in which the township is interested. SB745 Engrossed -436- LRB9101253EGfg 1 (2) Maintaining cemeteries under the control, 2 management, and ownership of the township and 3 controlling, managing, and maintaining public cemeteries 4 not operated for profit, notwithstanding the provisions 5 of Section 1c of the Public Graveyards Act. 6 (3) Maintaining and operating a public nonsectarian 7 hospital under Article 175. This authorization does not 8 apply to any township that avails itself of the 9 provisions of Article 170. 10 (4) Maintaining and operating a township committee 11 on youth under Section 215-5. 12 (5) Providing mental health services under Section 13 190-10. 14 (6) Providing services in cooperation with another 15 governmental entity, not-for-profit corporation, or 16 nonprofit community service association under Section 17 85-13165-5. 18 (7) Maintaining and operating a township committee 19 for senior citizens' services under Section 220-10. 20 (8) Maintaining and operating a township health 21 service that may provide, but is not required to provide 22 or limited to providing, examination, diagnosis, testing, 23 and inoculation and all necessary and appurtenant 24 personnel, equipment, and insurance. 25 (9) Any other purpose authorized by law. 26 (Source: P.A. 88-62; incorporates 88-360; 88-670, eff. 27 12-2-94; revised 10-30-98.) 28 Section 75. The Illinois Municipal Code is amended by 29 changing Sections 3.1-10-50, 7-1-26, 8-2-9.3, 9-2-53, 9-2-79, 30 9-2-94, 9-2-119, 9-3-33, 11-31-1, 11-74.4-5, 11-74.5-1, 31 11-76.1-4, 11-89-2, 11-90-4, 11-111-3, 11-121-7, and 11-129-7 32 and renumbering Division 11-74.5-1 as follows: SB745 Engrossed -437- LRB9101253EGfg 1 (65 ILCS 5/3.1-10-50) 2 Sec. 3.1-10-50. Vacancies. 3 (a) A municipal officer may resign from office. A 4 vacancy occurs in an office by reason of resignation, failure 5 to elect or qualify (in which case the incumbent shall remain 6 in office until the vacancy is filled), death, permanent 7 physical or mental disability rendering the person incapable 8 of performing the duties of his or her office, conviction of 9 a disqualifying crime, abandonment of office, removal from 10 office, or removal of residence from the municipality or, in 11 the case of aldermen of a ward or trustees of a district, 12 removal of residence from the ward or district, as the case 13 may be. An admission of guilt of a criminal offense that 14 would, upon conviction, disqualify the municipal officer from 15 holding that office, in the form of a written agreement with 16 State or federal prosecutors to plead guilty to a felony, 17 bribery, perjury, or other infamous crime under State or 18 federal law, shall constitute a resignation from that office, 19 effective at the time the plea agreement is made. For 20 purposes of this Section, a conviction for an offense that 21 disqualifies the municipal officer from holding that office 22 shall occur on the date of the return of a guilty verdict or, 23 in the case of a trial by the court, the entry of a finding 24 of guilt. 25 (b) If a vacancy occurs in an elective municipal office 26 with a 4-year term and there remains an unexpired portion of 27 the term of at least 28 months, and the vacancy occurs at 28 least 130 days before the general municipal election next 29 scheduled under the general election law, the vacancy shall 30 be filled for the remainder of the term at that general 31 municipal election. Whenever an election is held for this 32 purpose, the municipal clerk shall certify the office to be 33 filled and the candidates for the office to the proper 34 election authorities as provided in the general election law. SB745 Engrossed -438- LRB9101253EGfg 1 If the vacancy is in the office of mayor, the city council 2 shall elect one of their members acting mayor; if the vacancy 3 is in the office of president, the vacancy shall be filled by 4 the appointment by the trustees of an acting president from 5 the members of the board of trustees. In villages with a 6 population of less than 5,000, if each of the members of the 7 board of trustees either declines the appointment as acting 8 president or is not approved for the appointment by a 9 majority vote of the trustees presently holding office, then 10 the board of trustees may appoint as acting president any 11 other village resident who is qualified to hold municipal 12 office. The acting mayor or acting president shall perform 13 the duties and possess all the rights and powers of the mayor 14 or president until a successor to fill the vacancy has been 15 elected and has qualified. If the vacancy is in any other 16 elective municipal office, then until the office is filled by 17 election, the mayor or president shall appoint a qualified 18 person to the office subject to the advice and consent of the 19 city council or trustees. 20 (c) In a 2 year term, or if the vacancy occurs later 21 than the time provided in subsection (b) in a 4 year term, a 22 vacancy in the office of mayor shall be filled by the 23 corporate authorities electing one of their members acting 24 mayor; if the vacancy is in the office of president, the 25 vacancy shall be filled by the appointment by the trustees of 26 an acting president from the members of the board of 27 trustees. In villages with a population of less than 5,000, 28 if each of the members of the board of trustees either 29 declines the appointment as acting president or is not 30 approved for the appointment by a majority vote of the 31 trustees presently holding office, then the board of trustees 32 may appoint as acting president any other village resident 33 who is qualified to hold municipal office. The acting mayor 34 or acting president shall perform the duties and possess all SB745 Engrossed -439- LRB9101253EGfg 1 the rights and powers of the mayor or president until a mayor 2 or president is elected at the next general municipal 3 election and has qualified. A vacancy in any elective office 4 other than mayor or president shall be filled by appointment 5 by the mayor or president, with the advice and consent of the 6 corporate authorities. 7 (d) Municipal officers appointed or elected under this 8 Section shall hold office until their successors are elected 9 and have qualified. 10 (e) An appointment to fill a vacancy in the office of 11 alderman shall be made within 60 days after the vacancy 12 occurs. The requirement that an appointment be made within 13 60 days is an exclusive power and function of the State and 14 is a denial and limitation under Article VII, Section 6, 15 subsection (h) of the Illinois Constitution of the power of a 16 home rule municipality to require that an appointment be made 17 within a different period after the vacancy occurs. 18 (Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98; 19 revised 9-16-98.) 20 (65 ILCS 5/7-1-26) (from Ch. 24, par. 7-1-26) 21 Sec. 7-1-26. Any territory containing 60 acres or less 22 lying along one or both sides of the boundary line between 2 23 adjoining municipalities, and contiguous to a third 24 municipality may be excluded from one or both of the 25 adjoining municipalities and annexed to the third contiguous 26 municipality, as follows: 27 The corporate authorities of the excluding municipalities 28 or municipality shall, by majority vote of the corporate 29 authorities then holding office, adopt an ordinance providing 30 for such exclusion, and the corporate authorities of the 31 annexing municipality shall adopt an ordinance providing for 32 the annexation of this territory. Upon the adoption of these 33 ordinances, the territory is thereby excluded from the SB745 Engrossed -440- LRB9101253EGfg 1 excluding municipalities and added to the annexing 2 municipality. The chief executive officer of each 3 municipality thereupon shall file for recordation an accurate 4 map of the excluded or added territory, as the case may be, 5 together with a certified copy of the ordinance for exclusion 6 or annexation with the recorder of the county in which the 7 excluded or added territory, as the case may be, is situated. 8 The ordinance shall be published in a newspaper of general 9 circulation in the excluding and annexing municipalities and 10 shall contain a notice of (1) the specific number of voters 11 required to sign a petition requesting the question of 12 disconnection and annexation to be submitted to the electors; 13 (2) the time in which such petition must be filed; and (3) 14 the date of the prospective referendum. The clerks of the 15 municipalities in which the territory is sought to be 16 disconnected or annexed shall provide a petition form to any 17 individual requesting one. 18 Whenever any disconnection and annexation shall be 19 effected as provided in this Section any taxpayer in such 20 area disconnected and annexed may, within 10 days after 21 adoption of the annexing ordinance, file with the clerk of 22 the circuit court in the county wherein the disconnected and 23 annexed area is located a petition signed by not less than 24 10% or 100, whichever is lesser, of the electors of the area 25 disconnected and annexed, requesting the submission to a 26 referendum of the following proposition: "Shall the territory 27 (here describe it) be disconnected from the municipality of 28 .... and annexed to the municipality of ....?" 29 The circuit court, if it finds the petition to be in 30 conformity with law, shall order that the proposition be 31 submitted at an election to be conducted in accordance with 32 the general election law. The clerk of the circuit court 33 shall certify the proposition to the proper election 34 authority for submission. If a majority of the voters voting SB745 Engrossed -441- LRB9101253EGfg 1 on the proposition vote in favor thereof, such disconnection 2 and annexation shall be valid and binding. If a majority of 3 the vote is against such proposition the disconnection 4 ordinance adopted by the disconnecting municipality and the 5 annexation ordinance adopted by the annexing municipality 6 shall be void. 7 (Source: P.A. 83-358; revised 10-31-98.) 8 (65 ILCS 5/8-2-9.3) (from Ch. 24, par. 8-2-9.3) 9 Sec. 8-2-9.3. The municipal budget officer shall compile 10 a budget, such budget to contain estimates of revenues 11 available to the municipality for the fiscal year for which 12 the budget is drafted, together with recommended expenditures 13 for the municipality and all of the municipality's 14 departments, commissions, and boards. Revenue estimates and 15 expenditure recommendations shall be presented in a manner 16 which is in conformity with good fiscal management practices. 17 Substantial conformity to a chart of accounts, now or in the 18 future, recommended by the National Committee on Governmental 19 Accounting,(or)the Auditor of Public Accounts of the State 20 of Illinois, or the Division of Local Governmental Affairs 21 and Property Taxes of the Department of Revenue of the State 22 of Illinois or successor agencies shall be deemed proof of 23 such conformity. The budget shall contain actual or estimated 24 revenues and expenditures for the two years immediately 25 preceding the fiscal year for which the budget is prepared. 26 So far as is possible, the fiscal data for such two preceding 27 fiscal years shall be itemized in a manner which is in 28 conformity with the chart of accounts approved above. Each 29 budget shall show the specific fund from which each 30 anticipated expenditure shall be made. 31 (Source: P.A. 76-1117; revised 10-31-98.) 32 (65 ILCS 5/9-2-53) (from Ch. 24, par. 9-2-53) SB745 Engrossed -442- LRB9101253EGfg 1 Sec. 9-2-53. Petitioner, in addition to other notices 2 hereinbefore provided for, shall publish a notice at least 3 twice, not more than 30 nor less than 15 days in advance of 4 the time at which confirmation of the specified assessment is 5 to be sought, in one or more newspapers published in the 6 municipality or, if no newspaper is published therein, then 7 in one or more newspapers with a general circulation within 8 the municipality. In municipalities with less than 500 9 population in which no newspaper is published, publication 10 may be made by posting a notice in 3 prominent places within 11 the municipality. The notice shall be over the name of the 12 officer levying the assessment, and shall be substantially as 13 follows: 14 "SPECIAL ASSESSMENT NOTICE" 15 "Notice is hereby given to all persons interested that 16 the city council (or board of trustees, or other corporate 17 authority, as the case may be) of .... having ordered that 18 (here insert a brief description of the nature of the 19 improvement), the ordinance for the improvement being on file 20 in the office of the .... clerk, having applied to the .... 21 court of .... county for an assessment of the costs of the 22 improvement, according to benefits, and an assessment 23 therefor having been made and returned to that court, the 24 final hearing thereon will be had on (insert date),the ....25day of ...., 19..,or as soon thereafter as the business of 26 the court will permit. All persons desiring may file 27 objections in that court before that day and may appear on 28 the hearing and make their defense." 29 (Here give date.) 30 ..... 31 Where the assessment is payable in installments, the 32 number of installments and the rate of interest also shall be 33 stated. 34 (Source: Laws 1961, p. 576; revised 10-20-98.) SB745 Engrossed -443- LRB9101253EGfg 1 (65 ILCS 5/9-2-79) (from Ch. 24, par. 9-2-79) 2 Sec. 9-2-79. The collector receiving such a warrant 3 shall give notice thereof within 10 days by publishing a 4 notice once each week for 2 successive weeks in one or more 5 newspapers published in the municipality, or, if no newspaper 6 is published therein, then in one or more newspapers with a 7 general circulation within the municipality. In 8 municipalities with less than 500 population in which no 9 newspaper is published, publication may instead be made by 10 posting a notice in 3 prominent places within the 11 municipality. This notice may be substantially in the 12 following form: 13 "SPECIAL ASSESSMENT NOTICE 14 Special Warrant, No. .... 15 Notice: Publication is hereby given that the (here insert 16 title of court) has rendered judgment for a special 17 assessment (or special tax) upon property benefited by the 18 following improvement: (here describe the character and 19 location of the improvement in general terms) as will more 20 fully appear from the certified copy of the judgment on file 21 in my office; that the warrant for the collection of this 22 assessment (or special tax) is in my possession. All persons 23 interested are hereby notified to call and pay the amount 24 assessed at the collector's office (here insert location of 25 office) within 30 days from the date hereof. 26 Dated (insert date).this .... day of .... 19...27 .... (Collector)." 28 When such an assessment or special tax is levied to be 29 paid in installments, the notice shall contain also the 30 amount of each installment, the rate of interest deferred 31 installments bear, and the date when payable. 32 (Source: Laws 1961, p. 576; revised 10-20-98.) 33 (65 ILCS 5/9-2-94) (from Ch. 24, par. 9-2-94) SB745 Engrossed -444- LRB9101253EGfg 1 Sec. 9-2-94. In counties having a population of 500,000 2 or more, the city comptroller or other officer designated and 3 authorized by the corporate authorities of any municipality 4 which levies any special assessment has the power to collect 5 the amounts due on tracts or lots which have been forfeited 6 or withdrawn from sale, and the interest and penalties due 7 thereon, based upon an estimate of the cost of redemption 8 computed by the county clerk and at a rate to be fixed by the 9 corporate authorities as to the interest and penalties 10 thereon, and he shall issue a receipt therefor. However, the 11 corporate authorities may authorize the municipal officer to 12 waive the penalties for the first year in excess of 7%. The 13 person receiving this receipt shall file it with the county 14 clerk. 15 Upon the presentation of such a receipt, the county clerk 16 shall issue to the person a certificate of cancellation 17 setting forth a description of the property, the special 18 assessment warrant, and installment, and the amount received 19 by the municipal officer, and this certificate of 20 cancellation shall be evidence of the redemption of the 21 property therein described. The form of such a certificate of 22 redemption for filing with the county clerk shall be 23 substantially as follows: Receipt of Deposit for Redemption. 24 Volume .... Page .... 25 State of Illinois Office of (give title of 26 County of Cook municipal office) 27 I, (here give name, title of municipal officer), of the 28 (give name of city, village, or incorporated town), do hereby 29 certify that on (insert date),the .... day of .... 19..,30 .... deposited in this office .... Dollars for the redemption 31 of .... (describe property) .... which .... withdrawn or 32 forfeited by the collector of this county on (insert date) 33the .... day of .... 19..for the nonpayment of .... 34 installment of special assessment warrant. SB745 Engrossed -445- LRB9101253EGfg 1 You are hereby authorized and ordered to cancel from the 2 records and files in your office that withdrawal or 3 forfeiture, and issue your certificate of redemption and 4 cancellation. 5 (insert date)..... day of .... 19..6 (insert name of city, village, or incorporated town). 7 By .... (proper officer). 8 (Source: P.A. 82-1013; revised 10-20-98.) 9 (65 ILCS 5/9-2-119) (from Ch. 24, par. 9-2-119) 10 Sec. 9-2-119. For the purpose of anticipating the 11 collection of the second and succeeding installments, 12 provided for in this Division 2, a municipality may issue 13 bonds, payable out of these installments, bearing interest at 14 a rate specified in the ordinance referred to in Section 15 2-9-10 of the Illinois Municipal Code and not more than the 16 rate the installments of the assessment against which the 17 bonds are issued bear, payable annually and signed by such 18 officers as may be by ordinance prescribed. Bonds shall be 19 issued in sums of $100, or some multiple thereof, and shall 20 be dated and draw interest from the date of their issuance. 21 Each bond shall state on its face out of which installment it 22 is payable, and shall state, by number or other designation, 23 the assessment to which that installment belongs. The 24 principal of these bonds shall not exceed, in the aggregate, 25 the amount of the deferred installments, and shall be divided 26 into as many series as there are deferred installments. 27 However, if there is a surplus to the credit of any such 28 installment which is not required for the payment of any 29 vouchers or bonds issued against that installment, that 30 surplus shall be applied toward the payment of any 31 outstanding vouchers or bonds already issued or to be issued, 32 as the case may be, against any other installment or 33 installments. SB745 Engrossed -446- LRB9101253EGfg 1 Each series shall become due at some time in the year in 2 which the corresponding installment will mature, the date to 3 conform, as nearly as may be, to the time when that 4 installment will be actually collected. This time shall be 5 estimated and determined by the municipal officers issuing 6 the bonds. But it is lawful to provide in the case of any one 7 or more of the bonds in any series, that that bond or bonds 8 shall not become due until some subsequent date, not later 9 than December 31 next succeeding the January in which the 10 installment against which that series is issued will mature. 11 The bonds may be in the following form: 12 State of Illinois) 13 ) ss 14 County of .......) 15 $............................ Series No. ................... 16 Bond No. ..................... 17 ............................. of ........................... 18 Improvement Bond 19 The .... of .... in .... County, Illinois, for value 20 received, promises to pay to the bearer on (insert date)the21.... day of .... A.D. ....,the sum of .... dollars, with 22 interest thereon from date hereof, at the rate of ....%, 23 payable annually on presentation of the coupons hereto 24 annexed. 25 Both principal and interest of this bond are payable at 26 the office of the treasurer of said .... of ..... 27 This bond is issued to anticipate the collection of a 28 part of the .... installment of special assessment No. .... 29 levied for the purpose of .... which installment bears 30 interest from (insert date),the .... day of .... 19..and 31 this bond and the interest thereon are payable solely out of 32 the installment when collected. 33 Dated (insert date).this .... day of ...., 19...34 The bond may have coupons attached to represent the SB745 Engrossed -447- LRB9101253EGfg 1 interest to accrue thereon. 2 In lieu of the bonds described in this Section, a 3 municipality may issue bonds of the type described in Section 4 9-2-127, but all bonds issued under any one special 5 assessment proceeding must be of the same type. 6 This amendatory Act of 1971 is not a limit upon any 7 municipality which is a home rule unit. 8 (Source: P.A. 82-642; revised 10-20-98.) 9 (65 ILCS 5/9-3-33) (from Ch. 24, par. 9-3-33) 10 Sec. 9-3-33. If upon final settlement with the contractor 11 for the construction of any improvement and after paying all 12 costs of levying, collecting and making the assessment, which 13 amount shall not under any circumstances exceed 12% of the 14 estimated contract price, and all bonds and interest thereon 15 issued, as in this Division 3 provided, except those bonds 16 and interest coupons not presented for payment, although 17 called and for which funds are available and reserved, within 18 the period of time specified in Section 9-1-5, there shall be 19 any surpluses remaining in the special assessment fund, the 20 corporate authorities of such municipality shall at once 21 cause a rebate to be declared upon each lot, tract or parcel 22 of real estate assessed of its pro rata proportion of such 23 surplus. Such rebate shall be paid to the owner of record of 24 each such lot, block, tract or parcel at the time of the 25 declaration of the rebate. Should any additional funds be 26 collected after the original rebate is declared, the 27 municipality shall not be required to declare a supplemental 28 rebate for 5 years from the date the original rebate is 29 declared. The municipality may deduct for its costs and 30 expenses for declaring and making any rebate not more than 5% 31 of the amount declared to be rebated. All surpluses shall 32 remain in the special assessment fund until after full 33 payment of all bonds and vouchers issued in anticipation of SB745 Engrossed -448- LRB9101253EGfg 1 the collection of the assessment, and there shall be no 2 rebate until all such bonds and vouchers have been paid in 3 full, both as to principalprincipleand interest, except 4 those bonds and interest coupons not presented for payment, 5 although called and for which funds are available and 6 reserved, within the period of time specified in Section 7 9-1-5. The corporate authorities shall cause to be kept and 8 exhibited publicly in the office of the clerk of such 9 municipality, an index of all special assessment accounts or 10 warrants upon which a rebate is due and payable and upon 11 proper proofs the same shall be repaid to the persons 12 entitled thereto. 13 (Source: Laws 1963, p. 2431; revised 10-31-98.) 14 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 15 Sec. 11-31-1. Demolition, repair, enclosure, or 16 remediation. 17 (a) The corporate authorities of each municipality may 18 demolish, repair, or enclose or cause the demolition, repair, 19 or enclosure of dangerous and unsafe buildings or uncompleted 20 and abandoned buildings within the territory of the 21 municipality and may remove or cause the removal of garbage, 22 debris, and other hazardous, noxious, or unhealthy substances 23 or materials from those buildings. In any county having 24 adopted by referendum or otherwise a county health department 25 as provided by Division 5-25 of the Counties Code or its 26 predecessor, the county board of that county may exercise 27 those powers with regard to dangerous and unsafe buildings or 28 uncompleted and abandoned buildings within the territory of 29 any city, village, or incorporated town having less than 30 50,000 population. 31 The corporate authorities shall apply to the circuit 32 court of the county in which the building is located (i) for 33 an order authorizing action to be taken with respect to a SB745 Engrossed -449- LRB9101253EGfg 1 building if the owner or owners of the building, including 2 the lien holders of record, after at least 15 days' written 3 notice by mail so to do, have failed to put the building in a 4 safe condition or to demolish it or (ii) for an order 5 requiring the owner or owners of record to demolish, repair, 6 or enclose the building or to remove garbage, debris, and 7 other hazardous, noxious, or unhealthy substances or 8 materials from the building. It is not a defense to the 9 cause of action that the building is boarded up or otherwise 10 enclosed, although the court may order the defendant to have 11 the building boarded up or otherwise enclosed. Where, upon 12 diligent search, the identity or whereabouts of the owner or 13 owners of the building, including the lien holders of record, 14 is not ascertainable, notice mailed to the person or persons 15 in whose name the real estate was last assessed is sufficient 16 notice under this Section. 17 The hearing upon the application to the circuit court 18 shall be expedited by the court and shall be given precedence 19 over all other suits. Any person entitled to bring an action 20 under subsection (b) shall have the right to intervene in an 21 action brought under this Section. 22 The cost of the demolition, repair, enclosure, or removal 23 incurred by the municipality, by an intervenor, or by a lien 24 holder of record, including court costs, attorney's fees, and 25 other costs related to the enforcement of this Section, is 26 recoverable from the owner or owners of the real estate or 27 the previous owner or both if the property was transferred 28 during the 15 day notice period and is a lien on the real 29 estate; the lien is superior to all prior existing liens and 30 encumbrances, except taxes, if, within 180 days after the 31 repair, demolition, enclosure, or removal, the municipality, 32 the lien holder of record, or the intervenor who incurred the 33 cost and expense shall file a notice of lien for the cost and 34 expense incurred in the office of the recorder in the county SB745 Engrossed -450- LRB9101253EGfg 1 in which the real estate is located or in the office of the 2 registrar of titles of the county if the real estate affected 3 is registered under the Registered Titles (Torrens) Act. 4 The notice must consist of a sworn statement setting out 5 (1) a description of the real estate sufficient for its 6 identification, (2) the amount of money representing the cost 7 and expense incurred, and (3) the date or dates when the cost 8 and expense was incurred by the municipality, the lien holder 9 of record, or the intervenor. Upon payment of the cost and 10 expense by the owner of or persons interested in the property 11 after the notice of lien has been filed, the lien shall be 12 released by the municipality, the person in whose name the 13 lien has been filed, or the assignee of the lien, and the 14 release may be filed of record as in the case of filing 15 notice of lien. Unless the lien is enforced under subsection 16 (c), the lien may be enforced by foreclosure proceedings as 17 in the case of mortgage foreclosures under Article XV of the 18 Code of Civil Procedure or mechanics' lien foreclosures. An 19 action to foreclose this lien may be commenced at any time 20 after the date of filing of the notice of lien. The costs of 21 foreclosure incurred by the municipality, including court 22 costs, reasonable attorney's fees, advances to preserve the 23 property, and other costs related to the enforcement of this 24 subsection, plus statutory interest, are a lien on the real 25 estate and are recoverable by the municipality from the owner 26 or owners of the real estate. 27 All liens arising under this subsection (a) shall be 28 assignable. The assignee of the lien shall have the same 29 power to enforce the lien as the assigning party, except that 30 the lien may not be enforced under subsection (c). 31 If the appropriate official of any municipality 32 determines that any dangerous and unsafe building or 33 uncompleted and abandoned building within its territory 34 fulfills the requirements for an action by the municipality SB745 Engrossed -451- LRB9101253EGfg 1 under the Abandoned Housing Rehabilitation Act, the 2 municipality may petition under that Act in a proceeding 3 brought under this subsection. 4 (b) Any owner or tenant of real property within 1200 5 feet in any direction of any dangerous or unsafe building 6 located within the territory of a municipality with a 7 population of 500,000 or more may file with the appropriate 8 municipal authority a request that the municipality apply to 9 the circuit court of the county in which the building is 10 located for an order permitting the demolition, removal of 11 garbage, debris, and other noxious or unhealthy substances 12 and materials from, or repair or enclosure of the building in 13 the manner prescribed in subsection (a) of this Section. If 14 the municipality fails to institute an action in circuit 15 court within 90 days after the filing of the request, the 16 owner or tenant of real property within 1200 feet in any 17 direction of the building may institute an action in circuit 18 court seeking an order compelling the owner or owners of 19 record to demolish, remove garbage, debris, and other noxious 20 or unhealthy substances and materials from, repair or enclose 21 or to cause to be demolished, have garbage, debris, and other 22 noxious or unhealthy substances and materials removed from, 23 repaired, or enclosed the building in question. A private 24 owner or tenant who institutes an action under the preceding 25 sentence shall not be required to pay any fee to the clerk of 26 the circuit court. The cost of repair, removal, demolition, 27 or enclosure shall be borne by the owner or owners of record 28 of the building. In the event the owner or owners of record 29 fail to demolish, remove garbage, debris, and other noxious 30 or unhealthy substances and materials from, repair, or 31 enclose the building within 90 days of the date the court 32 entered its order, the owner or tenant who instituted the 33 action may request that the court join the municipality as a 34 party to the action. The court may order the municipality to SB745 Engrossed -452- LRB9101253EGfg 1 demolish, remove materials from, repair, or enclose the 2 building, or cause that action to be taken upon the request 3 of any owner or tenant who instituted the action or upon the 4 municipality's request. The municipality may file, and the 5 court may approve, a plan for rehabilitating the building in 6 question. A court order authorizing the municipality to 7 demolish, remove materials from, repair, or enclose a 8 building, or cause that action to be taken, shall not 9 preclude the court from adjudging the owner or owners of 10 record of the building in contempt of court due to the 11 failure to comply with the order to demolish, remove garbage, 12 debris, and other noxious or unhealthy substances and 13 materials from, repair, or enclose the building. 14 If a municipality or a person or persons other than the 15 owner or owners of record pay the cost of demolition, removal 16 of garbage, debris, and other noxious or unhealthy substances 17 and materials, repair, or enclosure pursuant to a court 18 order, the cost, including court costs, attorney's fees, and 19 other costs related to the enforcement of this subsection, is 20 recoverable from the owner or owners of the real estate and 21 is a lien on the real estate; the lien is superior to all 22 prior existing liens and encumbrances, except taxes, if, 23 within 180 days after the repair, removal, demolition, or 24 enclosure, the municipality or the person or persons who paid 25 the costs of demolition, removal, repair, or enclosure shall 26 file a notice of lien of the cost and expense incurred in the 27 office of the recorder in the county in which the real estate 28 is located or in the office of the registrar of the county if 29 the real estate affected is registered under the Registered 30 Titles (Torrens) Act. The notice shall be in a form as is 31 provided in subsection (a). An owner or tenant who 32 institutes an action in circuit court seeking an order to 33 compel the owner or owners of record to demolish, remove 34 materials from, repair, or enclose any dangerous or unsafe SB745 Engrossed -453- LRB9101253EGfg 1 building, or to cause that action to be taken under this 2 subsection may recover court costs and reasonable attorney's 3 fees for instituting the action from the owner or owners of 4 record of the building. Upon payment of the costs and 5 expenses by the owner of or a person interested in the 6 property after the notice of lien has been filed, the lien 7 shall be released by the municipality or the person in whose 8 name the lien has been filed or his or her assignee, and the 9 release may be filed of record as in the case of filing a 10 notice of lien. Unless the lien is enforced under subsection 11 (c), the lien may be enforced by foreclosure proceedings as 12 in the case of mortgage foreclosures under Article XV of the 13 Code of Civil Procedure or mechanics' lien foreclosures. An 14 action to foreclose this lien may be commenced at any time 15 after the date of filing of the notice of lien. The costs of 16 foreclosure incurred by the municipality, including court 17 costs, reasonable attorneys' fees, advances to preserve the 18 property, and other costs related to the enforcement of this 19 subsection, plus statutory interest, are a lien on the real 20 estate and are recoverable by the municipality from the owner 21 or owners of the real estate. 22 All liens arising under the terms of this subsection (b) 23 shall be assignable. The assignee of the lien shall have the 24 same power to enforce the lien as the assigning party, except 25 that the lien may not be enforced under subsection (c). 26 (c) In any case where a municipality has obtained a lien 27 under subsection (a), (b), or (f), the municipality may 28 enforce the lien under this subsection (c) in the same 29 proceeding in which the lien is authorized. 30 A municipality desiring to enforce a lien under this 31 subsection (c) shall petition the court to retain 32 jurisdiction for foreclosure proceedings under this 33 subsection. Notice of the petition shall be served, by 34 certified or registered mail, on all persons who were served SB745 Engrossed -454- LRB9101253EGfg 1 notice under subsection (a), (b), or (f). The court shall 2 conduct a hearing on the petition not less than 15 days after 3 the notice is served. If the court determines that the 4 requirements of this subsection (c) have been satisfied, it 5 shall grant the petition and retain jurisdiction over the 6 matter until the foreclosure proceeding is completed. The 7 costs of foreclosure incurred by the municipality, including 8 court costs, reasonable attorneys' fees, advances to preserve 9 the property, and other costs related to the enforcement of 10 this subsection, plus statutory interest, are a lien on the 11 real estate and are recoverable by the municipality from the 12 owner or owners of the real estate. If the court denies the 13 petition, the municipality may enforce the lien in a separate 14 action as provided in subsection (a), (b), or (f). 15 All persons designated in Section 15-1501 of the Code of 16 Civil Procedure as necessary parties in a mortgage 17 foreclosure action shall be joined as parties before issuance 18 of an order of foreclosure. Persons designated in Section 19 15-1501 of the Code of Civil Procedure as permissible parties 20 may also be joined as parties in the action. 21 The provisions of Article XV of the Code of Civil 22 Procedure applicable to mortgage foreclosures shall apply to 23 the foreclosure of a lien under this subsection (c), except 24 to the extent that those provisions are inconsistent with 25 this subsection. For purposes of foreclosures of liens 26 under this subsection, however, the redemption period 27 described in subsection (b) of Section 15-1603 of the Code of 28 Civil Procedure shall end 60 days after the date of entry of 29 the order of foreclosure. 30 (d) In addition to any other remedy provided by law, the 31 corporate authorities of any municipality may petition the 32 circuit court to have property declared abandoned under this 33 subsection (d) if: 34 (1) the property has been tax delinquent for 2 or SB745 Engrossed -455- LRB9101253EGfg 1 more years or bills for water service for the property 2 have been outstanding for 2 or more years; 3 (2) the property is unoccupied by persons legally 4 in possession; and 5 (3) the property contains a dangerous or unsafe 6 building. 7 All persons having an interest of record in the property, 8 including tax purchasers and beneficial owners of any 9 Illinois land trust having title to the property, shall be 10 named as defendants in the petition and shall be served with 11 process. In addition, service shall be had under Section 12 2-206 of the Code of Civil Procedure as in other cases 13 affecting property. 14 The municipality, however, may proceed under this 15 subsection in a proceeding brought under subsection (a) or 16 (b). Notice of the petition shall be served by certified or 17 registered mail on all persons who were served notice under 18 subsection (a) or (b). 19 If the municipality proves that the conditions described 20 in this subsection exist and the owner of record of the 21 property does not enter an appearance in the action, or, if 22 title to the property is held by an Illinois land trust, if 23 neither the owner of record nor the owner of the beneficial 24 interest of the trust enters an appearance, the court shall 25 declare the property abandoned. 26 If that determination is made, notice shall be sent by 27 certified or registered mail to all persons having an 28 interest of record in the property, including tax purchasers 29 and beneficial owners of any Illinois land trust having title 30 to the property, stating that title to the property will be 31 transferred to the municipality unless, within 30 days of the 32 notice, the owner of record enters an appearance in the 33 action, or unless any other person having an interest in the 34 property files with the court a request to demolish the SB745 Engrossed -456- LRB9101253EGfg 1 dangerous or unsafe building or to put the building in safe 2 condition. 3 If the owner of record enters an appearance in the action 4 within the 30 day period, the court shall vacate its order 5 declaring the property abandoned. In that case, the 6 municipality may amend its complaint in order to initiate 7 proceedings under subsection (a). 8 If a request to demolish or repair the building is filed 9 within the 30 day period, the court shall grant permission to 10 the requesting party to demolish the building within 30 days 11 or to restore the building to safe condition within 60 days 12 after the request is granted. An extension of that period 13 for up to 60 additional days may be given for good cause. If 14 more than one person with an interest in the property files a 15 timely request, preference shall be given to the person with 16 the lien or other interest of the highest priority. 17 If the requesting party proves to the court that the 18 building has been demolished or put in a safe condition 19 within the period of time granted by the court, the court 20 shall issue a quitclaim judicial deed for the property to the 21 requesting party, conveying only the interest of the owner of 22 record, upon proof of payment to the municipality of all 23 costs incurred by the municipality in connection with the 24 action, including but not limited to court costs, attorney's 25 fees, administrative costs, the costs, if any, associated 26 with building enclosure or removal, and receiver's 27 certificates. The interest in the property so conveyed shall 28 be subject to all liens and encumbrances on the property. In 29 addition, if the interest is conveyed to a person holding a 30 certificate of purchase for the property under the Property 31 Tax Code, the conveyance shall be subject to the rights of 32 redemption of all persons entitled to redeem under that Act, 33 including the original owner of record. 34 If no person with an interest in the property files a SB745 Engrossed -457- LRB9101253EGfg 1 timely request or if the requesting party fails to demolish 2 the building or put the building in safe condition within the 3 time specified by the court, the municipality may petition 4 the court to issue a judicial deed for the property to the 5 municipality. A conveyance by judicial deed shall operate to 6 extinguish all existing ownership interests in, liens on, and 7 other interest in the property, including tax liens. 8 (e) Each municipality may use the provisions of this 9 subsection to expedite the removal of certain buildings that 10 are a continuing hazard to the community in which they are 11 located. 12 If a residential or commercial building is 3 stories or 13 less in height as defined by the municipality's building 14 code, and the corporate official designated to be in charge 15 of enforcing the municipality's building code determines that 16 the building is open and vacant and an immediate and 17 continuing hazard to the community in which the building is 18 located, then the official shall be authorized to post a 19 notice not less than 2 feet by 2 feet in size on the front of 20 the building. The notice shall be dated as of the date of 21 the posting and shall state that unless the building is 22 demolished, repaired, or enclosed, and unless any garbage, 23 debris, and other hazardous, noxious, or unhealthy substances 24 or materials are removed so that an immediate and continuing 25 hazard to the community no longer exists, then the building 26 may be demolished, repaired, or enclosed, or any garbage, 27 debris, and other hazardous, noxious, or unhealthy substances 28 or materials may be removed, by the municipality. 29 Not later than 30 days following the posting of the 30 notice, the municipality shall do both of the following: 31 (1) Cause to be sent, by certified mail, return 32 receipt requested, a notice to all owners of record of 33 the property, the beneficial owners of any Illinois land 34 trust having title to the property, and all lienholders SB745 Engrossed -458- LRB9101253EGfg 1 of record in the property, stating the intent of the 2 municipality to demolish, repair, or enclose the building 3 or remove any garbage, debris, or other hazardous, 4 noxious, or unhealthy substances or materials if that 5 action is not taken by the owner or owners. 6 (2) Cause to be published, in a newspaper published 7 or circulated in the municipality where the building is 8 located, a notice setting forth (i) the permanent tax 9 index number and the address of the building, (ii) a 10 statement that the property is open and vacant and 11 constitutes an immediate and continuing hazard to the 12 community, and (iii) a statement that the municipality 13 intends to demolish, repair, or enclose the building or 14 remove any garbage, debris, or other hazardous, noxious, 15 or unhealthy substances or materials if the owner or 16 owners or lienholders of record fail to do so. This 17 notice shall be published for 3 consecutive days. 18 A person objecting to the proposed actions of the 19 corporate authorities may file his or her objection in an 20 appropriate form in a court of competent jurisdiction. 21 If the building is not demolished, repaired, or enclosed, 22 or the garbage, debris, or other hazardous, noxious, or 23 unhealthy substances or materials are not removed, within 30 24 days of mailing the notice to the owners of record, the 25 beneficial owners of any Illinois land trust having title to 26 the property, and all lienholders of record in the property, 27 or within 30 days of the last day of publication of the 28 notice, whichever is later, the corporate authorities shall 29 have the power to demolish, repair, or enclose the building 30 or to remove any garbage, debris, or other hazardous, 31 noxious, or unhealthy substances or materials. 32 The municipality may proceed to demolish, repair, or 33 enclose a building or remove any garbage, debris, or other 34 hazardous, noxious, or unhealthy substances or materials SB745 Engrossed -459- LRB9101253EGfg 1 under this subsection within a 120-day period following the 2 date of the mailing of the notice if the appropriate official 3 determines that the demolition, repair, enclosure, or removal 4 of any garbage, debris, or other hazardous, noxious, or 5 unhealthy substances or materials is necessary to remedy the 6 immediate and continuing hazard. If, however, before the 7 municipality proceeds with any of the actions authorized by 8 this subsection, any person has sought a hearing under this 9 subsection before a court and has served a copy of the 10 complaint on the chief executive officer of the municipality, 11 then the municipality shall not proceed with the demolition, 12 repair, enclosure, or removal of garbage, debris, or other 13 substances until the court determines that that action is 14 necessary to remedy the hazard and issues an order 15 authorizing the municipality to do so. 16 Following the demolition, repair, or enclosure of a 17 building, or the removal of garbage, debris, or other 18 hazardous, noxious, or unhealthy substances or materials 19 under this subsection, the municipality may file a notice of 20 lien against the real estate for the cost of the demolition, 21 repair, enclosure, or removal within 180 days after the 22 repair, demolition, enclosure, or removal occurred, for the 23 cost and expense incurred, in the office of the recorder in 24 the county in which the real estate is located or in the 25 office of the registrar of titles of the county if the real 26 estate affected is registered under the Registered Titles 27 (Torrens) Act. The notice of lien shall consist of a sworn 28 statement setting forth (i) a description of the real estate, 29 such as the address or other description of the property, 30 sufficient for its identification; (ii) the expenses incurred 31 by the municipality in undertaking the remedial actions 32 authorized under this subsection; (iii) the date or dates the 33 expenses were incurred by the municipality; (iv) a statement 34 by the corporate official responsible for enforcing the SB745 Engrossed -460- LRB9101253EGfg 1 building code that the building was open and vacant and 2 constituted an immediate and continuing hazard to the 3 community; (v) a statement by the corporate official that the 4 required sign was posted on the building, that notice was 5 sent by certified mail to the owners of record, and that 6 notice was published in accordance with this subsection; and 7 (vi) a statement as to when and where the notice was 8 published. The lien authorized by this subsection may 9 thereafter be released or enforced by the municipality as 10 provided in subsection (a). 11 (f) The corporate authorities of each municipality may 12 remove or cause the removal of, or otherwise environmentally 13 remediate hazardous substances on, in, or under any abandoned 14 and unsafe property within the territory of a municipality. 15 In addition, where preliminary evidence indicates the 16 presence or likely presence of a hazardous substance or a 17 release or a substantial threat of a release of a hazardous 18 substance on, in, or under the property, the corporate 19 authorities of the municipality may inspect the property and 20 test for the presence or release of hazardous substances. In 21 any county having adopted by referendum or otherwise a county 22 health department as provided by Division 5-25 of the 23 Counties Code or its predecessor, the county board of that 24 county may exercise the above-described powers with regard to 25 property within the territory of any city, village, or 26 incorporated town having less than 50,000 population. 27 For purposes of this subsection (f): 28 (1) "property" or "real estate" means all real 29 property, whether or not improved by a structure; 30 (2) "abandoned" means; 31 (A) the property has been tax delinquent for 2 32 or more years; 33 (B) the property is unoccupied by persons 34 legally in possession; and SB745 Engrossed -461- LRB9101253EGfg 1 (3) "unsafe" means property that presents an actual 2 or imminent threat to public health and safety caused by 3 the release of hazardous substances; and 4 (4) "hazardous substances" means the same as in 5 Section 3.14 of the Environmental Protection Act. 6 The corporate authorities shall apply to the circuit 7 court of the county in which the property is located (i) for 8 an order allowing the municipality to enter the property and 9 inspect and test substances on, in, or under the property; or 10 (ii) for an order authorizing the corporate authorities to 11 take action with respect to remediation of the property if 12 conditions on the property, based on the inspection and 13 testing authorized in paragraph (i), indicate the presence of 14 hazardous substances. Remediation shall be deemed complete 15 for purposes of paragraph (ii) above when the property 16 satisfies Tier I, II, or III remediation objectives for the 17 property's most recent usage, as established by the 18 Environmental Protection Act, and the rules and regulations 19 promulgated thereunder. Where, upon diligent search, the 20 identity or whereabouts of the owner or owners of the 21 property, including the lien holders of record, is not 22 ascertainable, notice mailed to the person or persons in 23 whose name the real estate was last assessed is sufficient 24 notice under this Section. 25 The court shall grant an order authorizing testing under 26 paragraph (i) above upon a showing of preliminary evidence 27 indicating the presence or likely presence of a hazardous 28 substance or a release of or a substantial threat of a 29 release of a hazardous substance on, in, or under abandoned 30 property. The preliminary evidence may include, but is not 31 limited to, evidence of prior use, visual site inspection, or 32 records of prior environmental investigations. The testing 33 authorized by paragraph (i) above shall include any type of 34 investigation which is necessary for an environmental SB745 Engrossed -462- LRB9101253EGfg 1 professional to determine the environmental condition of the 2 property, including but not limited to performance of soil 3 borings and groundwater monitoring. The court shall grant a 4 remediation order under paragraph (ii) above where testing of 5 the property indicates that it fails to meet the applicable 6 remediation objectives. The hearing upon the application to 7 the circuit court shall be expedited by the court and shall 8 be given precedence over all other suits. 9 The cost of the inspection, testing, or remediation 10 incurred by the municipality or by a lien holder of record, 11 including court costs, attorney's fees, and other costs 12 related to the enforcement of this Section, is a lien on the 13 real estate; except that in any instances where a 14 municipality incurs costs of inspection and testing but finds 15 no hazardous substances on the property that present an 16 actual or imminent threat to public health and safety, such 17 costs are not recoverable from the owners nor are such costs 18 a lien on the real estate. The lien is superior to all prior 19 existing liens and encumbrances, except taxes and any lien 20 obtained under subsection (a) or (e), if, within 180 days 21 after the completion of the inspection, testing, or 22 remediation, the municipality or the lien holder of record 23 who incurred the cost and expense shall file a notice of lien 24 for the cost and expense incurred in the office of the 25 recorder in the county in which the real estate is located or 26 in the office of the registrar of titles of the county if the 27 real estate affected is registered under the Registered 28 Titles (Torrens) Act. 29 The notice must consist of a sworn statement setting out 30 (i) a description of the real estate sufficient for its 31 identification, (ii) the amount of money representing the 32 cost and expense incurred, and (iii) the date or dates when 33 the cost and expense was incurred by the municipality or the 34 lien holder of record. Upon payment of the lien amount by SB745 Engrossed -463- LRB9101253EGfg 1 the owner of or persons interested in the property after the 2 notice of lien has been filed, a release of lien shall be 3 issued by the municipality, the person in whose name the lien 4 has been filed, or the assignee of the lien, and the release 5 may be filed of record as in the case of filing notice of 6 lien. 7 The lien may be enforced under subsection (c) or by 8 foreclosure proceedings as in the case of mortgage 9 foreclosures under Article XV of the Code of Civil Procedure 10 or mechanics' lien foreclosures; provided that where the lien 11 is enforced by foreclosure under subsection (c) or under 12 either statute, the municipality may not proceed against the 13 other assets of the owner or owners of the real estate for 14 any costs that otherwise would be recoverable under this 15 Section but that remain unsatisfied after foreclosure except 16 where such additional recovery is authorized by separate 17 environmental laws. An action to foreclose this lien may be 18 commenced at any time after the date of filing of the notice 19 of lien. The costs of foreclosure incurred by the 20 municipality, including court costs, reasonable attorney's 21 fees, advances to preserve the property, and other costs 22 related to the enforcement of this subsection, plus statutory 23 interest, are a lien on the real estate. 24 All liens arising under this subsection (f) shall be 25 assignable. The assignee of the lien shall have the same 26 power to enforce the lien as the assigning party, except that 27 the lien may not be enforced under subsection (c). 28 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; 29 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.) 30 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5) 31 Sec. 11-74.4-5. (a) Prior to the adoption of an ordinance 32 proposing the designation of a redevelopment project area, or 33 approving a redevelopment plan or redevelopment project, the SB745 Engrossed -464- LRB9101253EGfg 1 municipality by its corporate authorities, or as it may 2 determine by any commission designated under subsection (k) 3 of Section 11-74.4-4 shall adopt an ordinance or resolution 4 fixing a time and place for public hearing. Prior to the 5 adoption of the ordinance or resolution establishing the time 6 and place for the public hearing, the municipality shall make 7 available for public inspection a redevelopment plan or a 8 separate report that provides in reasonable detail the basis 9 for the redevelopment project area qualifying as a blighted 10 area, conservation area, or an industrial park conservation 11 area. The report along with the name of a person to contact 12 for further information shall be sent within a reasonable 13 time after the adoption of such ordinance or resolution to 14 the affected taxing districts by certified mail. At the 15 public hearing any interested person or affected taxing 16 district may file with the municipal clerk written objections 17 to and may be heard orally in respect to any issues embodied 18 in the notice. The municipality shall hear and determine all 19 protests and objections at the hearing and the hearing may be 20 adjourned to another date without further notice other than a 21 motion to be entered upon the minutes fixing the time and 22 place of the subsequent hearing. Prior to the adoption of an 23 ordinance approving a redevelopment plan or redevelopment 24 project, or designating a redevelopment project area, changes 25 may be made in the redevelopment plan or project or area 26 which changes do not alter the exterior boundaries, or do not 27 substantially affect the general land uses established in the 28 plan or substantially change the nature of the redevelopment 29 project, without further hearing or notice, provided that 30 notice of such changes is given by mail to each affected 31 taxing district and by publication in a newspaper or 32 newspapers of general circulation within the taxing districts 33 not less than 10 days prior to the adoption of the changes 34 by ordinance. After the adoption of an ordinance approving a SB745 Engrossed -465- LRB9101253EGfg 1 redevelopment plan or project or designating a redevelopment 2 project area, no ordinance shall be adopted altering the 3 exterior boundaries, affecting the general land uses 4 established pursuant to the plan or changing the nature of 5 the redevelopment project without complying with the 6 procedures provided in this division pertaining to the 7 initial approval of a redevelopment plan project and 8 designation of redevelopment project area. Hearings with 9 regard to a redevelopment project area, project or plan may 10 be held simultaneously. 11 (b) After the effective date of this amendatory Act of 12 1989, prior to the adoption of an ordinance proposing the 13 designation of a redevelopment project area or amending the 14 boundaries of an existing redevelopment project area, the 15 municipality shall convene a joint review board to consider 16 the proposal. The board shall consist of a representative 17 selected by each community college district, local elementary 18 school district and high school district or each local 19 community unit school district, park district, library 20 district and county that has authority to directly levy taxes 21 on the property within the proposed redevelopment project 22 area, a representative selected by the municipality and a 23 public member. The public member and the board's chairperson 24 shall be selected by a majority of other board members. 25 Municipalities that have designated redevelopment project 26 areas prior to the effective date of this amendatory Act of 27 1989 may convene a joint review board to perform the duties 28 specified under paragraph (e) of this Section. 29 All board members shall be appointed and the first board 30 meeting held within 14 days following the notice by the 31 municipality to all the taxing districts as required by 32 Section 11-74.4-6(c)11-74.4-6c. Such notice shall also 33 advise the taxing bodies represented on the joint review 34 board of the time and place of the first meeting of the SB745 Engrossed -466- LRB9101253EGfg 1 board. Additional meetings of the board shall be held upon 2 the call of any member. The municipality seeking designation 3 of the redevelopment project area may provide administrative 4 support to the board. 5 The board shall review the public record, planning 6 documents and proposed ordinances approving the redevelopment 7 plan and project to be adopted by the municipality. As part 8 of its deliberations, the board may hold additional hearings 9 on the proposal. A board's recommendation shall be an 10 advisory, non-binding recommendation which recommendation 11 shall be adopted by a majority vote of the board and 12 submitted to the municipality within 30 days after convening 13 of the board. Failure of the board to submit its report on a 14 timely basis shall not be cause to delay the public hearing 15 or any other step in the process of establishing or amending 16 the redevelopment project area. 17 The board shall base its decision to approve or deny the 18 proposal on the basis of the area satisfying the eligibility 19 criteria defined in Section 11-74.4-3. 20 The board shall issue a written report describing why the 21 redevelopment plan and project area fails to meet one or more 22 of the criteria. In the event the Board does not file a 23 report it shall be presumed that these taxing bodies find the 24 redevelopment project area to satisfy the eligibility 25 criteria. 26 (c) After the adoption of an ordinance approving a 27 redevelopment plan or project or designating a redevelopment 28 project area, no ordinance shall be adopted altering the 29 exterior boundaries, affecting the general land uses 30 established pursuant to the plan or changing the nature of 31 the redevelopment project without complying with the 32 procedures provided in this division pertaining to the 33 initial approval of a redevelopment plan project and 34 designation of a redevelopment project area. SB745 Engrossed -467- LRB9101253EGfg 1 (d) After the effective date of this amendatory Act of 2 1994 and adoption of an ordinance approving a redevelopment 3 plan or project, a municipality with a population of less 4 than 1,000,000 shall within 90 days after the close of each 5 municipal fiscal year notify all taxing districts represented 6 on the joint review board in which the redevelopment project 7 area is located that any or all of the following information 8 will be made available no later than 180 days after the close 9 of each municipal fiscal year upon receipt of a written 10 request of a majority of such taxing districts for such 11 information: 12 (1) Any amendments to the redevelopment plan, the 13 redevelopment project area, or the State Sales Tax 14 Boundary. 15 (2) Audited financial statements of the special tax 16 allocation fund once a cumulative total of $100,000 has 17 been deposited in the fund. 18 (3) Certification of the Chief Executive Officer of 19 the municipality that the municipality has complied with 20 all of the requirements of this Act during the preceding 21 fiscal year. 22 (4) An opinion of legal counsel that the 23 municipality is in compliance with this Act. 24 (5) An analysis of the special tax allocation fund 25 which sets forth: 26 (A) the balance in the special tax allocation 27 fund at the beginning of the fiscal year; 28 (B) all amounts deposited in the special tax 29 allocation fund by source; 30 (C) all expenditures from the special tax 31 allocation fund by category of permissible 32 redevelopment project cost; and 33 (D) the balance in the special tax allocation 34 fund at the end of the fiscal year including a SB745 Engrossed -468- LRB9101253EGfg 1 breakdown of that balance by source. Such ending 2 balance shall be designated as surplus if it is not 3 required for anticipated redevelopment project costs 4 or to pay debt service on bonds issued to finance 5 redevelopment project costs, as set forth in Section 6 11-74.4-7 hereof. 7 (6) A description of all property purchased by the 8 municipality within the redevelopment project area 9 including: 10 (A) Street address. 11 (B) Approximate size or description of 12 property. 13 (C) Purchase price. 14 (D) Seller of property. 15 (7) A statement setting forth all activities 16 undertaken in furtherance of the objectives of the 17 redevelopment plan, including: 18 (A) Any project implemented in the preceding 19 fiscal year. 20 (B) A description of the redevelopment 21 activities undertaken. 22 (C) A description of any agreements entered 23 into by the municipality with regard to the 24 disposition or redevelopment of any property within 25 the redevelopment project area or the area within 26 the State Sales Tax Boundary. 27 (D) Additional information on the use of all 28 funds received under this Division and steps taken 29 by the municipality to achieve the objectives of the 30 redevelopment plan. 31 (8) With regard to any obligations issued by the 32 municipality: 33 (A) copies of any official statements; and 34 (B) an analysis prepared by financial advisor SB745 Engrossed -469- LRB9101253EGfg 1 or underwriter setting forth: (i) nature and term of 2 obligation; and (ii) projected debt service 3 including required reserves and debt coverage. 4 (9) For special tax allocation funds that have 5 experienced cumulative deposits of incremental tax 6 revenues of $100,000 or more, a certified audit report 7 reviewing compliance with this Act performed by an 8 independent public accountant certified and licensed by 9 the authority of the State of Illinois. The financial 10 portion of the audit must be conducted in accordance with 11 Standards for Audits of Governmental Organizations, 12 Programs, Activities, and Functions adopted by the 13 Comptroller General of the United States (1981), as 14 amended. The audit report shall contain a letter from 15 the independent certified public accountant indicating 16 compliance or noncompliance with the requirements of 17 subsection (q) of Section 11-74.4-3. 18 (d-1) Municipalities with populations of over 1,000,000 19 shall, after adoption of a redevelopment plan or project, 20 make available upon request to any taxing district in which 21 the redevelopment project area is located the following 22 information: 23 (1) Any amendments to the redevelopment plan, the 24 redevelopment project area, or the State Sales Tax 25 Boundary; and 26 (2) In connection with any redevelopment project 27 area for which the municipality has outstanding 28 obligations issued to provide for redevelopment project 29 costs pursuant to Section 11-74.4-7, audited financial 30 statements of the special tax allocation fund. 31 (e) One year, two years and at the end of every 32 subsequent three year period thereafter, the joint review 33 board shall meet to review the effectiveness and status of 34 the redevelopment project area up to that date. SB745 Engrossed -470- LRB9101253EGfg 1 (f) If the redevelopment project area has been in 2 existence for at least 5 years and the municipality proposes 3 a redevelopment project with a total redevelopment project 4 cost exceeding 35% of the total amount budgeted in the 5 redevelopment plan for all redevelopment projects, the 6 municipality, in addition to any other requirements imposed 7 by this Act, shall convene a meeting of the joint review 8 board as provided in this Act for the purpose of reviewing 9 the redevelopment project. 10 (g) In the event that a municipality has held a public 11 hearing under this Section prior to March 14, 1994 (the 12 effective date of Public Act 88-537), the requirements 13 imposed by Public Act 88-537 relating to the method of fixing 14 the time and place for public hearing, the materials and 15 information required to be made available for public 16 inspection, and the information required to be sent after 17 adoption of an ordinance or resolution fixing a time and 18 place for public hearing shall not be applicable. 19 (Source: P.A. 88-537; 88-688, eff. 1-24-95; revised 20 10-31-98.) 21 (65 ILCS 5/Art. 11, Div. 74.5 heading) 22 DIVISION 74.5.11-74.5.MUNICIPAL HOUSING FINANCE LAW 23 (65 ILCS 5/11-74.5-1) (from Ch. 24, par. 11-74.5-1) 24 Sec. 11-74.5-1. This Division 74.511-74.5may be 25 referred to as the"Municipal Housing Finance Law". 26 (Source: P.A. 81-580; revised 10-31-98.) 27 (65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4) 28 Sec. 11-76.1-4. Whenever a petition signed by the 29 electors of any specified municipality equal in number to 10% 30 or more of the total number of registered voters in the 31 municipality, is filed with the municipal clerk of any such SB745 Engrossed -471- LRB9101253EGfg 1 municipality which has adopted an ordinance pursuant to the 2 powers granted in Section 11-76.1-1 of this Code, and such 3 petition has been filed with the clerk of the municipality 4 within 30 days of the second publication of the notice 5 required in Section 11-76.1-3 of this Code which notice shall 6 include (1) the specific number of voters required to sign 7 the petition; (2) the time in which the petition must be 8 filed; and (3) the date of the prospective referendum, the 9 corporate authorities shall order the submission of the 10 question to the municipal electors and designate the election 11 at which the question shall be submitted. The municipal 12 clerk shall certify the question to the proper election 13 authority. The municipal clerk shall provide a petition form 14 to any individual requesting one. 15 The proposition shall be substantially in the following 16 form: 17 ------------------------------------------------------------- 18 Shall the ordinance passed by 19 the city council (or board of YES 20 trustees, etc.) of (name of 21 municipality) on (insert date), 22the .... day of .... 19..,------------------------- 23 entitled ............., which 24 provides (stating the nature of 25 the proposed ordinance), become NO 26 effective? 27 ------------------------------------------------------------- 28 If a majority of the votes cast on the questions are in 29 favor of the proposition, the corporate authorities shall 30 have the authority granted to them by Section 11-76.1-1. 31 This amendatory Act of 1975 is not a limit on any 32 municipality which is a home rule unit. 33 (Source: P.A. 87-767; revised 10-20-98.) SB745 Engrossed -472- LRB9101253EGfg 1 (65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2) 2 Sec. 11-89-2. No ordinance of any municipality granting a 3 terminable permit shall become effective until a proposition 4 to approve the ordinance has been submitted to the electors 5 of the municipality and has been approved by a majority of 6 the electors voting upon the proposition. Every such 7 ordinance shall order such submission and shall designate the 8 election at which the proposition is to be submitted. The 9 municipal clerk shall promptly certify such proposition for 10 submission. 11 The proposition need not include the ordinance in full 12 but shall indicate the nature of the ordinance, and shall be 13 substantially in the following form: 14 ------------------------------------------------------------- 15 Shall the ordinance passed by the 16 city council (or board of trustees) 17 of (name of municipality) on (insert YES 18 date),the .... day of ....,1919..,entitled ...., which 20 granted a terminable permit to (here ----------------- 21 insert the name of the grantee) to 22 construct, maintain, and operate a NO 23 transportation system upon the terms and 24 conditions therein stated, be approved? 25 ------------------------------------------------------------- 26 (Source: P.A. 81-1489; revised 10-20-98.) 27 (65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4) 28 Sec. 11-90-4. No ordinance of any municipality granting 29 permission under Section 11-90-3 for a term longer than 20 30 years shall become operative until a proposition to approve 31 the ordinance has been submitted to the electors of the 32 municipality and has been approved by a majority of the 33 electors voting upon the proposition. Every such ordinance SB745 Engrossed -473- LRB9101253EGfg 1 shall order such submission and shall designate the election 2 at which the proposition is to be submitted in accordance 3 with the general election law. The municipal clerk shall 4 promptly certify such proposition to the proper election 5 officials for submission. 6 The proposition need not include the ordinance in full 7 but which shall indicate the nature of the ordinance, and 8 shall be substantially in the following form: 9 ------------------------------------------------------------- 10 Shall the ordinance passed by the 11 city council (or board of trustees, 12 etc.) of (name of municipality) on 13 (insert date), 14the .... day of ...., 19..,entitled YES 15 ...., which granted permission for a 16 term of .... years to (here insert 17 the name of the grantee) to locate, -------------------- 18 construct, reconstruct, maintain, 19 operate, and lay tracks, of (here 20 insert the name of the grantee) in NO 21 certain streets, alleys, and public 22 places upon the terms and conditions 23 therein stated, be approved? 24 ------------------------------------------------------------- 25 (Source: P.A. 81-1489; revised 10-20-98.) 26 (65 ILCS 5/11-111-3) (from Ch. 24, par. 11-111-3) 27 Sec. 11-111-3. When specified improvement districts have 28 been laid out, the cost of the improvement has been estimated 29 and ascertained by a competent engineer, and the benefits to 30 the lots, blocks, or parts thereof, have been assessed, the 31 municipality may issue a series of bonds sufficient to pay 32 the special assessments or special tax so ascertained for 33 each district. When so issued and endorsed as provided for SB745 Engrossed -474- LRB9101253EGfg 1 in this section, these bonds shall be a lien upon the 2 respective lots, blocks, or parts thereof, which are 3 designated in the bonds. The bonds shall bear interest at a 4 rate not exceeding the maximum rate authorized by the Bond 5 Authorization Act, as amended at the time of the making of 6 the contract, and may run for any term not exceeding 20 7 years. The style of the bonds shall be fixed and designated 8 by ordinance. But before any bond is issued or put into 9 circulation, the owner of any lot charged with such a special 10 assessment or special tax shall endorse upon the back of the 11 bond his consent thereto, substantially as follows: 12 I hereby endorse the within bond, and consent that the 13 lot or lots, or parts thereof therein designated, shall 14 become liable for the interest and principal therein named, 15 and that the bond shall be a lien upon the designated 16 property from this date until paid off and discharged. 17 .... 18 (insert date)This .... day of .... 19..19 .... (Seal) 20 The bond, when prepared and executed by the municipality, 21 and endorsed by the owners of the property charged with the 22 special assessments or special tax, shall be recorded in the 23 recorder's office of the county in which the municipality is 24 located. When so recorded the record is notice of the lien 25 thereby created, to the same extent that records of mortgages 26 are notices of the mortgage lien, and has the same force and 27 effect. No coupon need be recorded. A record of the face of 28 the bond and of the endorsement are sufficient. 29 With respect to instruments for the payment of money 30 issued under this Section either before, on, or after the 31 effective date of this amendatory Act of 1989, it is and 32 always has been the intention of the General Assembly (i) 33 that the Omnibus Bond Acts are and always have been 34 supplementary grants of power to issue instruments in SB745 Engrossed -475- LRB9101253EGfg 1 accordance with the Omnibus Bond Acts, regardless of any 2 provision of this Act that may appear to be or to have been 3 more restrictive than those Acts, (ii) that the provisions of 4 this Section are not a limitation on the supplementary 5 authority granted by the Omnibus Bond Acts, and (iii) that 6 instruments issued under this Section within the 7 supplementary authority granted by the Omnibus Bond Acts are 8 not invalid because of any provision of this Act that may 9 appear to be or to have been more restrictive than those 10 Acts. 11 The amendatory Acts of 1971, 1972 and 1973 are not a 12 limit upon any municipality which is a home rule unit. 13 (Source: P.A. 86-4; revised 10-20-98.) 14 (65 ILCS 5/11-121-7) (from Ch. 24, par. 11-121-7) 15 Sec. 11-121-7. No ordinance of any municipality granting 16 any lease of, or consent, permit, or right to use such 17 subways for local transportation purposes shall become 18 operative until a proposition to approve the ordinance has 19 been submitted to the electors of the municipality and has 20 been approved by a majority of the electors voting upon the 21 proposition. Every such ordinance shall order such 22 submission and shall designate the election at which the 23 proposition is to be submitted. The municipal clerk shall 24 promptly certify such ordinance and proposition for 25 submission. 26 The proposition need not include the ordinance in full 27 but shall indicate the nature of the ordinance, and shall be 28 substantially in the following form: 29 ------------------------------------------------------------- 30 Shall the ordinance passed by the 31 city council (or board of trustees) 32 of (name of municipality) ontheYES 33 (insert date),.... day ofSB745 Engrossed -476- LRB9101253EGfg 1.... 19..,entitled ...., 2 which grants to (name of grantee) -------------------- 3 a lease of (or consent, permit, or 4 right to use, as the case may be) NO 5 of the municipally owned subways 6 therein specified, for local 7 transportation purposes, be approved? 8 ------------------------------------------------------------- 9 However, when any municipality by ordinance grants a 10 permit to construct and operate or maintain and operate a 11 local transportation system, including the use of municipally 12 owned subways, and that ordinance is submitted to and 13 approved on a referendum, it is not necessary to pass or to 14 submit to a referendum a separate ordinance granting a lease 15 of or consent, permission, or right for the use of those 16 subways. 17 (Source: P.A. 81-1489; revised 10-20-98.) 18 (65 ILCS 5/11-129-7) (from Ch. 24, par. 11-129-7) 19 Sec. 11-129-7. This Division 129 authorizes the issuance 20 of revenue bonds provided for in this Division 129 without 21 submitting the proposition for the approval of the ordinance 22 authorizing the bonds to the electors as provided in Sections 23Section8-4-1 and 8-4-2. 24 (Source: Laws 1961, p. 576; revised 10-31-98.) 25 Section 76. The Municipal Federal Grant Tax and Bond Act 26 is amended by changing Sections 7 and 19 as follows: 27 (65 ILCS 55/7) (from Ch. 24, par. 808.7) 28 Sec. 7. The petitioner shall, in addition to other 29 notices hereinbefore provided for, cause notice to be given, 30 not more than 30 nor less than 15 days in advance of the time 31 at which confirmation of the assessment is sought, by SB745 Engrossed -477- LRB9101253EGfg 1 publishing a notice thereof at least twice in one or more 2 newspapers published in the municipality, or, if no newspaper 3 is published therein, then in one or more newspapers with a 4 general circulation within the municipality; except that, in 5 municipalities with less than 500 population in which no 6 newspaper is published, publication may be made by posting a 7 notice in 3 prominent places within the municipality. The 8 notice shall be over the name of the officer levying such 9 assessment, and be substantially as follows: 10 "SPECIAL ASSESSMENT NOTICE." 11 "Notice is hereby given to all persons interested that 12 the city council (or board of trustees as the case may be) of 13 .... having ordered that (here insert a brief description of 14 the nature of the improvement), the ordinance for the same 15 being on file in the office of the .... clerk, having applied 16 to the circuit court of .... county for an assessment of the 17 costs of the improvement, according to benefits, and an 18 assessment therefor having been made and returned to the 19 court, the final hearing thereon will be had on (insert 20 date),the .... day of .... 19..,or as soon thereafter as 21 the business of the court will permit. All persons desiring 22 may file objections in the court before that day, and may 23 appear on the hearing and make their defense. 24 Dated (insert date).19" 25 Where the assessment is payable in installments, the 26 number of installments and the rate of interest shall also be 27 stated. 28 If 15 days have not elapsed between the first publication 29 or the posting of such notice, and the day fixed in the 30 notice for filing objections, the cause shall be continued 31 for 15 days, and the time for filing objections shall stand 32 correspondingly extended. 33 (Source: P.A. 84-550; revised 10-20-98.) SB745 Engrossed -478- LRB9101253EGfg 1 (65 ILCS 55/19) (from Ch. 24, par. 808.19) 2 Sec. 19. The collector receiving such warrant shall give 3 notice thereof by publishing a notice at least twice, not 4 more than 30 nor less than 15 days in advance, in one or more 5 newspapers published in the municipality, or, if no newspaper 6 is published therein, then in one or more newspapers with a 7 general circulation within the municipality; except that, in 8 municipalities with less than 500 population in which no 9 newspaper is published, publication may be made by posting a 10 notice in 3 prominent places within the municipality. Such 11 notice may be substantially in the following form: 12 SPECIAL ASSESSMENT NOTICE 13 Special Warrant, No. ..... 14 Notice: Publication is hereby given that the (here insert 15 title of court) has entered judgment for a special assessment 16 (or special tax) upon property benefited by the following 17 improvement: (here describe the character and location of the 18 improvement in general terms), as appears more fully in the 19 certified copy of the judgment on file in my office; that the 20 warrant for the collection of such assessment (or special 21 tax) is in the possession of the undersigned. All persons 22 interested are hereby notified to call and pay the amount 23 assessed at the collector's office (here insert location of 24 office) within 30 days from the date hereof. 25 Dated (insert date).19...26 .... Collector. 27 When such assessment or special tax is levied to be paid 28 in installments, such notice shall, in addition to the 29 foregoing, contain the amount of each installment, the rate 30 of interest deferred installments bear, and the date when 31 payable. 32 (Source: P.A. 84-550; revised 10-20-98.) 33 Section 77. The Airport Authorities Act is amended by SB745 Engrossed -479- LRB9101253EGfg 1 changing Section 2.3 as follows: 2 (70 ILCS 5/2.3) (from Ch. 15 1/2, par. 68.2c) 3 Sec. 2.3. Election - procedure. The clerk of the 4 circuit court shall certify the order for submission of the 5 proposition, to the proper election authorities, who shall 6 submit the proposition to the voters at an election in 7 accordance with the general election law. 8 In addition to the requirements of the general election 9 law notice shall include a description of the territory. The 10 notice shall further state that any such authority upon its 11 establishment shall have the powers, objects and purposes 12 provided by this Act, including the power to levy the tax 13 authorized by this Act for airport operation and maintenance 14 and other corporate purposes, and power to issue tax secured 15 bonds. Each legal voter residing within the territory shall 16 have a right to cast a ballot at such election. The 17 proposition shall be in substantially the following form: 18 ------------------------------------------------------------- 19 Shall an "Act in relation to 20 Airport Authorities" effective 21 (insert date) 22........ day of ......., 19..,YES 23 be adopted, and the ...... 24 Airport Authority be established? 25 (If established, said Airport 26 Authority will have the powers, -------------------------- 27 objects and purposes, provided 28 by the Act, including the power 29 to levy the tax authorized by 30 the Act for airport operation NO 31 and maintenance and other 32 corporate purposes and the power 33 to issue tax secured bonds.) SB745 Engrossed -480- LRB9101253EGfg 1 ------------------------------------------------------------- 2 The circuit court shall by written order determine and 3 declare the result of the referendum and shall cause the 4 result to be filed of record in the proceedings of the 5 circuit court. 6 (Source: P.A. 83-343; revised 10-20-98.) 7 Section 78. The Civic Center Code is amended by changing 8 Section 255-75 as follows: 9 (70 ILCS 200/255-75) 10 Sec. 255-75. Nomination of Board members. Nomination of 11 a candidate for member of the Board at any election to be 12 held after June 1, 1970, shall be made by a petition filed 13 with the county clerk, signed by at least 50 voters qualified 14 to vote at the election. The petition shall be in 15 substantially the following form: 16 NOMINATING PETITION 17 To the County Clerk of Sangamon County: 18 We, the undersigned, being 50 or more of the voters 19 qualified to vote, hereby petition that .... who resides at 20 ...., (Springfield, Woodside, Capital) Township, in Sangamon 21 County shall be a candidate for the office of member of the 22 Board of the Springfield Metropolitan Exposition and 23 Auditorium Authority (for a full term) (to fill a vacancy, 24 term expiring on (insert date)19..) to be voted for at an 25 election to be held on (insert date)....., 19...26 NAME ............... 27 ADDRESS ............ 28 The foregoing petition shall be verified by a certificate 29 which may be substantially in the following form: 30 I, ...., hereby certify that I am a voter residing in 31 (Springfield, Woodside, Capital) Township, Sangamon County, 32 Illinois, and qualified to vote at the election referred to SB745 Engrossed -481- LRB9101253EGfg 1 above, and that the signatures on this sheet were signed in 2 my presence and are genuine and to the best of my knowledge 3 and belief the persons so signing were at the time of signing 4 voters qualified to vote at said election. 5 s/................. 6 SUBSCRIBED and SWORN to before me on (insert date).this7.... day of .... 19....8 ................... 9 Notary Public 10 (Source: P.A. 90-328, eff. 1-1-98; revised 10-19-98.) 11 Section 79. The Metropolitan Pier and Exposition 12 Authority Act is amended by changing Section 5 as follows: 13 (70 ILCS 210/5) (from Ch. 85, par. 1225) 14 Sec. 5. The Metropolitan Pier and Exposition Authority 15 shall also have the following rights and powers: 16 (a) To accept from Chicago Park Fair, a 17 corporation, an assignment of whatever sums of money it 18 may have received from the Fair and Exposition Fund, 19 allocated by the Department of Agriculture of the State 20 of Illinois, and Chicago Park Fair is hereby authorized 21 to assign, set over and transfer any of those funds to 22 the Metropolitan Pier and Exposition Authority. The 23 Authority has the right and power hereafter to receive 24 sums as may be distributed to it by the Department of 25 Agriculture of the State of Illinois from the Fair and 26 Exposition Fund pursuant to the provisions of Sections 5, 27 6i, and 28 of the State Finance Act. All sums received 28 by the Authority shall be held in the sole custody of the 29 secretary-treasurer of the Metropolitan Pier and 30 Exposition Board. 31 (b) To accept the assignment of, assume and execute 32 any contracts heretofore entered into by Chicago Park SB745 Engrossed -482- LRB9101253EGfg 1 Fair. 2 (c) To acquire, own, construct, equip, lease, 3 operate and maintain grounds, buildings and facilities to 4 carry out its corporate purposes and duties, and to carry 5 out or otherwise provide for the recreational, cultural, 6 commercial or residential development of Navy Pier, and 7 to fix and collect just, reasonable and nondiscriminatory 8 charges for the use thereof. The charges so collected 9 shall be made available to defray the reasonable expenses 10 of the Authority and to pay the principal of and the 11 interest upon any revenue bonds issued by the Authority. 12 The Authority shall be subject to and comply with the 13 Lake Michigan and Chicago Lakefront Protection Ordinance, 14 the Chicago Building Code, the Chicago Zoning Ordinance, 15 and all ordinances and regulations of the City of Chicago 16 contained in the following Titles of the Municipal Code 17 of Chicago: Businesses, Occupations and Consumer 18 Protection; Health and Safety; Fire Prevention; Public 19 Peace, Morals and Welfare; Utilities and Environmental 20 Protection; Streets, Public Ways, Parks, Airports and 21 Harbors; Electrical Equipment and Installation; Housing 22 and Economic Development (only Chapter 5-4 thereof); and 23 Revenue and Finance (only so far as such Title pertains 24 to the Authority's duty to collect taxes on behalf of the 25 City of Chicago). 26 (d) To enter into contracts treating in any manner 27 with the objects and purposes of this Act. 28 (e) To lease any buildings to the Adjutant General 29 of the State of Illinois for the use of the Illinois 30 National Guard or the Illinois Naval Militia. 31 (f) To exercise the right of eminent domain by 32 condemnation proceedings in the manner provided by 33 Article VII of the Code of Civil Procedure, including, 34 with respect to Site B only, the authority to exercise SB745 Engrossed -483- LRB9101253EGfg 1 quick take condemnation by immediate vesting of title 2 under Sections 7-103 through 7-112 of the Code of Civil 3 Procedure, to acquire any privately owned real or 4 personal property and, with respect to Site B only, 5 public property used for rail transportation purposes 6 (but no such taking of such public property shall, in the 7 reasonable judgment of the owner, interfere with such 8 rail transportation) for the lawful purposes of the 9 Authority in Site A, at Navy Pier, and at Site B. Just 10 compensation for property taken or acquired under this 11 paragraph shall be paid in money or, notwithstanding any 12 other provision of this Act and with the agreement of the 13 owner of the property to be taken or acquired, the 14 Authority may convey substitute property or interests in 15 property or enter into agreements with the property 16 owner, including leases, licenses, or concessions, with 17 respect to any property owned by the Authority, or may 18 provide for other lawful forms of just compensation to 19 the owner. Any property acquired in condemnation 20 proceedings shall be used only as provided in this Act. 21 Except as otherwise provided by law, the City of Chicago 22 shall have a right of first refusal prior to any sale of 23 any such property by the Authority to a third party other 24 than substitute property. The Authority shall develop and 25 implement a relocation plan for businesses displaced as a 26 result of the Authority's acquisition of property. The 27 relocation plan shall be substantially similar to 28 provisions of the Uniform Relocation Assistance and Real 29 Property Acquisition Act and regulations promulgated 30 under that Act relating to assistance to displaced 31 businesses. To implement the relocation plan the 32 Authority may acquire property by purchase or gift or may 33 exercise the powers authorized in this subsection (f), 34 except the immediate vesting of title under Sections SB745 Engrossed -484- LRB9101253EGfg 1 7-103 through 7-112 of the Code of Civil Procedure, to 2 acquire substitute private property within one mile of 3 Site B for the benefit of displaced businesses located on 4 property being acquired by the Authority. However, no 5 such substitute property may be acquired by the Authority 6 unless the mayor of the municipality in which the 7 property is located certifies in writing that the 8 acquisition is consistent with the municipality's land 9 use and economic development policies and goals. The 10 acquisition of substitute property is declared to be for 11 public use. In exercising the powers authorized in this 12 subsection (f), the Authority shall use its best efforts 13 to relocate businesses within the area of McCormick Place 14 or, failing that, within the City of Chicago. 15 (g) To enter into contracts relating to 16 construction projects which provide for the delivery by 17 the contractor of a completed project, structure, 18 improvement, or specific portion thereof, for a fixed 19 maximum price, which contract may provide that the 20 delivery of the project, structure, improvement, or 21 specific portion thereof, for the fixed maximum price is 22 insured or guaranteed by a third party capable of 23 completing the construction. 24 (h) To enter into agreements with any person with 25 respect to the use and occupancy of the grounds, 26 buildings, and facilities of the Authority, including 27 concession, license, and lease agreements on terms and 28 conditions as the Authority determines. Notwithstanding 29 Section 24, agreements with respect to the use and 30 occupancy of the grounds, buildings, and facilities of 31 the Authority for a term of more than one year shall be 32 entered into in accordance with the procurement process 33 provided for in Section 25.1. 34 (i) To enter into agreements with any person with SB745 Engrossed -485- LRB9101253EGfg 1 respect to the operation and management of the grounds, 2 buildings, and facilities of the Authority or the 3 provision of goods and services on terms and conditions 4 as the Authority determines. 5 (j) After conducting the procurement process 6 provided for in Section 25.1, to enter into one or more 7 contracts to provide for the design and construction of 8 all or part of the Authority's Expansion Project grounds, 9 buildings, and facilities. Any contract for design and 10 construction of the Expansion Project shall be in the 11 form authorized by subsection (g), shall be for a fixed 12 maximum price not in excess of the funds that are 13 authorized to be made available under the provisions of 14 this amendatory Act of 1991 for those purposes during the 15 term of the contract, and shall be entered into before 16 commencement of construction. 17 (k) To enter into agreements, including project 18 agreements with labor unions, that the Authority deems 19 necessary to complete the Expansion Project or any other 20 construction or improvement project in the most timely 21 and efficient manner and without strikes, picketing, or 22 other actions that might cause disruption or delay and 23 thereby add to the cost of the project. 24(l)Nothing in this amendatory Act of 1991 shall be 25 construed to authorize the Authority to spend the proceeds of 26 any bonds or notes issued or any taxes levied under this 27 amendatory Act of 1991 to construct a stadium to be leased to 28 or used by professional sports teams. 29 (Source: P.A. 87-733; 88-193; revised 10-31-98.) 30 Section 80. The Joliet Arsenal Development Authority Act 31 is amended by changing Section 25 as follows: 32 (70 ILCS 508/25) SB745 Engrossed -486- LRB9101253EGfg 1 Sec. 25. Powers.(a)The Authority possesses all powers 2 of a body corporate necessary and convenient to accomplish 3 the purpose of this Act, including without limitation the 4 following: 5 (1) to enter into loans, contracts, agreements, and 6 mortgages in any matter connected with any of its 7 corporate purposes and to invest its funds; 8 (2) to sue and be sued; 9 (3) to employ agents and employees necessary to 10 carry out its purposes; 11 (4) to have, use, and alter a common seal; 12 (5) to adopt all needful ordinances, resolutions, 13 by-laws, rules, and regulations for the conduct of its 14 business and affairs and for the management and use of 15 the projects developed, constructed, acquired, and 16 improved in furtherance of its purposes; 17 (6) to designate the fiscal year for the Authority; 18 (7) to accept and expend appropriations; 19 (8) to have and exercise all powers and be subject 20 to all duties usually incident to boards of directors of 21 corporations; 22 (9) to acquire, own, lease, sell, or otherwise 23 dispose of interests in and to real property and 24 improvements situated thereon and in personal property 25 necessary to fulfill the purposes of the Authority; 26 (10) to engage in any activity or operation that is 27 incidental to and in furtherance of efficient operation 28 to accomplish the Authority's primary purpose; 29 (11) to acquire, own, construct, lease, operate, 30 and maintain within its corporate limits terminals and 31 terminal facilities and to fix and collect just, 32 reasonable, and nondiscriminatory charges for the use of 33 those facilities; 34 (12) to collect fees and charges in connection with SB745 Engrossed -487- LRB9101253EGfg 1 its loans, commitments, and services; 2 (13) to use the charges and fees collected as 3 authorized under paragraphs (11) and (12) of this Section 4 to defray the reasonable expenses of the Authority and to 5 pay the principal and interest of any revenue bonds 6 issued by the Authority; 7 (14) to use ground water resources of Will County; 8 and 9 (15) to borrow money and to issue revenue bonds, 10 notes, or other evidences of indebtedness as provided in 11 Section 35 of this Act to evidence the obligation of the 12 Authority to repay the borrowings. 13 (Source: P.A. 89-333, eff. 8-17-95; 90-83, eff. 7-10-97; 14 revised 10-31-98.) 15 Section 81. The Tri-County River Valley Development 16 Authority Law is amended by changing Section 2007 as follows: 17 (70 ILCS 525/2007) (from Ch. 85, par. 7507) 18 Sec. 2007. Bonds. 19 (a) The Authority, with the written approval of the 20 Governor, shall have the continuing power to issue bonds, 21 notes, or other evidences of indebtedness in an aggregate 22 amount not to exceed $100,000,000 for the purpose of 23 developing, constructing, acquiring or improving projects, 24 including those established by business entities locating or 25 expanding property within the territorial jurisdiction of the 26 Authority, for entering into venture capital agreements with 27 businesses locating or expanding within the territorial 28 jurisdiction of the Authority, for acquiring and improving 29 any property necessary and useful in connection therewith and 30 for the purposes of the Employee Ownership Assistance Act. 31 For the purpose of evidencing the obligations of the 32 Authority to repay any money borrowed, the Authority may, SB745 Engrossed -488- LRB9101253EGfg 1 pursuant to resolution, from time to time issue and dispose 2 of its interest bearing revenue bonds, notes or other 3 evidences of indebtedness and may also from time to time 4 issue and dispose of such bonds, notes or other evidences of 5 indebtedness to refund, at maturity, at a redemption date or 6 in advance of either, any bonds, notes or other evidences of 7 indebtedness pursuant to redemption provisions or at any time 8 before maturity. All such bonds, notes or other evidences of 9 indebtedness shall be payable from the revenues or income to 10 be derived from loans made with respect to projects, from the 11 leasing or sale of the projects or from any other funds 12 available to the Authority for such purposes. The bonds, 13 notes or other evidences of indebtedness may bear such date 14 or dates, may mature at such time or times not exceeding 40 15 years from their respective dates, may bear interest at such 16 rate or rates not exceeding the maximum rate permitted by the 17 Bond Authorization Act, may be in such form, may carry such 18 registration privileges, may be executed in such manner, may 19 be payable at such place or places, may be made subject to 20 redemption in such manner and upon such terms, with or 21 without premium as is stated on the face thereof, may be 22 authenticated in such manner and may contain such terms and 23 covenants as may be provided by an applicable resolution. 24 (b-1) The holder or holders of any bonds, notes or other 25 evidences of indebtedness issued by the Authority may bring 26 suits at law or proceedings in equity to compel the 27 performance and observance by any corporation or person or by 28 the Authority or any of its agents or employees of any 29 contract or covenant made with the holders of such bonds, 30 notes or other evidences of indebtedness, to compel such 31 corporation, person, the Authority and any of its agents or 32 employees to perform any duties required to be performed for 33 the benefit of the holders of any such bonds, notes or other 34 evidences of indebtedness by the provision of the resolution SB745 Engrossed -489- LRB9101253EGfg 1 authorizing their issuance and to enjoin such corporation, 2 person, the Authority and any of its agents or employees from 3 taking any action in conflict with any such contract or 4 covenant. 5 (b-2) If the Authority fails to pay the principal of or 6 interest on any of the bonds or premium, if any, as the same 7 become due, a civil action to compel payment may be 8 instituted in the appropriate circuit court by the holder or 9 holders of the bonds on which such default of payment exists 10 or by an indenture trustee acting on behalf of such holders. 11 Delivery of a summons and a copy of the complaint to the 12 Chairman of the Board shall constitute sufficient service to 13 give the circuit court jurisdiction of the subject matter of 14 such a suit and jurisdiction over the Authority and its 15 officers named as defendants for the purpose of compelling 16 such payment. Any case, controversy or cause of action 17 concerning the validity of this Article relates to the 18 revenue of the State of Illinois. 19 (c) Notwithstanding the form and tenor of any such 20 bonds, notes or other evidences of indebtedness and in the 21 absence of any express recital on the face thereof that it is 22 non-negotiable, all such bonds, notes and other evidences of 23 indebtedness shall be negotiable instruments. Pending the 24 preparation and execution of any such bonds, notes or other 25 evidences of indebtedness, temporary bonds, notes or 26 evidences of indebtedness may be issued as provided by 27 ordinance. 28 (d) To secure the payment of any or all of such bonds, 29 notes or other evidences of indebtedness, the revenues to be 30 received by the Authority from a lease agreement or loan 31 agreement shall be pledged, and, for the purpose of setting 32 forth the covenants and undertakings of the Authority in 33 connection with the issuance thereof and the issuance of any 34 additional bonds, notes or other evidences of indebtedness SB745 Engrossed -490- LRB9101253EGfg 1 payable from such revenues, income or other funds to be 2 derived from projects, the Authority may execute and deliver 3 a mortgage or trust agreement. A remedy for any breach or 4 default of the terms of any such mortgage or trust agreement 5 by the Authority may be by mandamus proceedings in the 6 appropriate circuit court to compel the performance and 7 compliance therewith, but the trust agreement may prescribe 8 by whom or on whose behalf such action may be instituted. 9 (e) Such bonds or notes shall be secured as provided in 10 the authorizing ordinance which may, notwithstanding any 11 other provision of this Article, include in addition to any 12 other security a specific pledge or assignment of and lien on 13 or security interest in any or all revenues or money of the 14 Authority from whatever source which may by law be used for 15 debt service purposes and a specific pledge or assignment of 16 and lien on or security interest in any funds or accounts 17 established or provided for by ordinance of the Authority 18 authorizing the issuance of such bonds or notes. 19 (f) In the event that the Authority determines that 20 monies of the Authority will not be sufficient for the 21 payment of the principal of and interest on its bonds during 22 the next State fiscal year, the Chairman, as soon as 23 practicable, shall certify to the Governor the amount 24 required by the Authority to enable it to pay such principal 25 of and interest on the bonds. The Governor shall submit the 26 amount so certified to the General Assembly as soon as 27 practicable, but no later than the end of the current State 28 fiscal year. This subsection shall not apply to any bonds or 29 notes as to which the Authority shall have determined, in the 30 resolution authorizing the issuance of the bonds or notes, 31 that this subsection shall not apply. Whenever the Authority 32 makes such a determination, that fact shall be plainly stated 33 on the face of the bonds or notes and that fact shall also be 34 reported to the Governor. SB745 Engrossed -491- LRB9101253EGfg 1 In the event of a withdrawal of moneys from a reserve 2 fund established with respect to any issue or issues of bonds 3 of the Authority to pay principal or interest on those bonds, 4 the Chairman of the Authority, as soon as practicable, shall 5 certify to the Governor the amount required to restore the 6 reserve fund to the level required in the resolution or 7 indenture securing those bonds. The Governor shall submit the 8 amount so certified to the General Assembly as soon as 9 practicable, but no later than the end of the current state 10 fiscal year. 11 (g) The State of Illinois pledges to and agrees with the 12 holders of the bonds and notes of the Authority issued 13 pursuant to this Section that the State will not limit or 14 alter the rights and powers vested in the Authority by this 15 Article so as to impair the terms of any contract made by the 16 Authority with such holders or in any way impair the rights 17 and remedies of such holders until such bonds and notes, 18 together with interest thereon, with interest on any unpaid 19 installments of interest, and all costs and expenses in 20 connection with any action or proceedings by or on behalf of 21 such holders, are fully met and discharged. In addition, the 22 State pledges to and agrees with the holders of the bonds and 23 notes of the Authority issued pursuant to this Section that 24 the State will not limit or alter the basis on which State 25 funds are to be paid to the Authority as provided in this 26 Act, or the use of such funds, so as to impair the terms of 27 any such contract. The Authority is authorized to include 28 these pledges and agreements of the State in any contract 29 with the holders of bonds or notes issued pursuant to this 30 Section. 31 (h) Not less than 30 days prior to the commitment to 32 issue bonds, notes, or other evidences of indebtedness for 33 the purpose of developing, constructing, acquiring or 34 improving housing or residential projects, as defined in SB745 Engrossed -492- LRB9101253EGfg 1 Section 2003,3,the Authority shall provide notice to the 2 Executive Director of the Illinois Housing Development 3 Authority. Within 30 days after receipt of the notice, the 4 Illinois Housing Development Authority shall notify the 5 Authority as to its interest in financing the project. If 6 the Illinois Housing Development Authority notifies the 7 Authority that it is not interested in financing the project, 8 the Authority may finance the project or seek alternative 9 financing for the project. 10 (Source: P.A. 86-1489; 87-778; revised 10-31-98.) 11 Section 82. The Illinois Drainage Code is amended by 12 changing Sections 1-2, 3-5, 3-18, 5-5, and 5-20 as follows: 13 (70 ILCS 605/1-2) (from Ch. 42, par. 1-2) 14 Sec. 1-2. Definitions. When used in this Act unless the 15 context requires otherwise: 16 (a) "Clerk", when used without qualifying words, means 17 the clerk of the circuit court acting, ex officio, as clerk 18 of a district. 19 (b) "Court" means the circuit court of the county in 20 which a district was organized. 21 (c) "Ditch" means an artificially constructed open drain 22 or a natural drain which has been artificially improved. 23 (d) "Drain" includes ditch and means any water course or 24 conduit, whether open, covered or enclosed, natural or 25 artificial, or partly natural and partly artificial, by which 26 waters coming or falling upon lands are carried away. 27 (e) "Drainage district" is synonymous with "district" 28 and includes all types of drainage districts organized under 29 this or any prior Act. 30 (f) "Drainage structures" means those structures other 31 than drains, levees and pumping plants which are intended to 32 promote or aid drainage. Such structures may be independent SB745 Engrossed -493- LRB9101253EGfg 1 from other drainage work or may be a part of or incidental to 2 such work. The term includes, but is not restricted to, 3 catchbasins, bulkheads, spillways, flumes, drop-boxes, pipe 4 outlets, junction boxes and structures the primary purpose of 5 which is to prevent the erosion of soil into a district 6 drain. 7 (g) "Drainage system" means the system by which lands 8 are drained or protected from overflow or both and includes 9 drains, drainage structures, levees and pumping plants. 10 (h) "Land" means real property and includes, but is not 11 restricted to, lots, railroad rights-of-way and easements. 12 (i) "Landowner" or "owner" means the owner of real 13 property and includes an owner of an undivided interest, a 14 life tenant, a remainderman, a public or private corporation, 15 a trustee under an active trust and the holder of the 16 beneficial interest under a land trust, but does not include 17 a mortgagee, a trustee under a trust deed in the nature of a 18 mortgage, a lien holder or a lessee. 19 (j) "Adult landowner" or "adult owner" includes public 20 and private corporations. 21 (k) "Municipal corporation exercising drainage powers" 22 means a sanitary district, city, village or other public body 23 empowered by law to exercise and which is exercising drainage 24 functions. 25 (l) (Blank).((l) Blank.)26 (m) "Non-resident" means a person residing outside the 27 county or counties in which the district or any portion 28 thereof is situated. 29 (n) "Registered Professional Engineer" means a 30 professional engineer registered under the provisions of the 31 Professional Engineering Practice Act of 1989. 32 (o) "Sanitary purposes" includes, but is not restricted 33 to, the protection of residential, commercial and industrial 34 property from inundation and overflow. SB745 Engrossed -494- LRB9101253EGfg 1 (p) Words importing the masculine gender include the 2 feminine. 3 (q) Words importing the singular number include the 4 plural and words importing the plural include the singular. 5 (r) "Farm Drainage Act" means and refers to "An Act to 6 provide for drainage for agricultural and sanitary purposes, 7 and to repeal certain acts therein named", approved June 27, 8 1885, as amended, which Act is repealed by this Act. 9 (s) "Levee Act" means and refers to "An Act to provide 10 for the construction, reparation and protection of drains, 11 ditches and levees across the lands of others, for 12 agricultural, sanitary and mining purposes, and to provide 13 for the organization of drainage districts", approved May 29, 14 1879, as amended, which Act is repealed by this Act. 15 (Source: P.A. 86-297; 86-1475; revised 10-31-98.) 16 (70 ILCS 605/3-5) (from Ch. 42, par. 3-5) 17 Sec. 3-5. Notice of hearing. The clerk of the circuit 18 court shall give notice of the hearing on the petition in the 19 manner provided in Section 3-6. The notice shall be entitled 20 "Drainage Notice" and must state: (a) in what court and on 21 what date the petition was filed; (b) a general description 22 of the proposed work; (c) the boundaries of the proposed 23 district or a description of the lands proposed to be 24 included or the numbers of the sections, including township 25 and range, in which the proposed district, or any part 26 thereof, is situated; (d) the name of the proposed district; 27 and (e) the place, date and hour the petition will be heard. 28 The notice may be substantially in the following form: 29 DRAINAGE NOTICE 30 Public notice is hereby given that on (insert date),the31.... day of ...., 19..,there was filed in the Circuit Court 32 of the .... Judicial Circuit, .... County, Illinois, a 33 petition requesting the organization of .... Drainage SB745 Engrossed -495- LRB9101253EGfg 1 District, in the County (or Counties) of .... and State of 2 Illinois; that the boundaries of the proposed district are as 3 follows: .... (or "that the proposed district is situated in 4 the following sections: ...."); that the work proposed to be 5 undertaken by the district consists of ....; that upon the 6 filing thereof, the petition was presented to the Court and 7 by the Court set for hearing in the .... in the courthouse at 8 ...., Illinois, on (insert date),the .... day of ...., 19..,9at the hour of ....,.. M., at which time and place all 10 interested parties may appear and be heard if they see fit so 11 to do. 12 Dated (insert date).this .... day of ...., 19...13 ............................. 14 Clerk of the Circuit Court of 15 the ....... Judicial Circuit, 16 ............ County, Illinois 17 (Source: Laws 1965, p. 678; revised 10-20-98.) 18 (70 ILCS 605/3-18) (from Ch. 42, par. 3-18) 19 Sec. 3-18. Notice of hearing on report. If the temporary 20 commissioners recommend in their report that the district be 21 organized and that additional land be included in the 22 proposed district, they shall file with their report their 23 affidavit setting forth the names and addresses of the owners 24 of such land, if known, or, if unknown, then the names and 25 addresses of the person who last paid the general taxes on 26 such land as shown by the collector's books in the county in 27 which such land is situated, and the petitioners or the clerk 28 of the court shall, at least 10 days before the date fixed 29 for hearing, mail a notice thereof to each such person at his 30 address as set forth in the affidavit. Notices shall be 31 mailed and proof made in the manner provided in Section 3-6. 32 The notice shall be entitled "Drainage Notice" and must state 33 (a) the general nature of the proceedings and in what court SB745 Engrossed -496- LRB9101253EGfg 1 they are pending, (b) the general location of the proposed 2 district, (c) a general description of the system of drainage 3 recommended, (d) the description of the additional land 4 proposed to be included, and (e) the date and hour fixed for 5 the hearing on the report. 6 The notice may be substantially in the following form: 7 DRAINAGE NOTICE 8 To the owners of the lands hereinafter described: 9 You are hereby notified that there is pending in the 10 Circuit Court of the .... Judicial Circuit, .... County, 11 Illinois, the report of the temporary commissioners in the 12 matter of the petition for the organization of .... Drainage 13 District, in the County (or Counties) of .... and State of 14 Illinois; that the general location of the proposed district 15 is ....; that the work recommended to be undertaken in the 16 proposed district by the temporary commissioners consists of 17 ....; and that the temporary commissioners have recommended 18 that in addition to the lands described in the petition, 19 there be included in the districts the lands described as 20 follows: ........................ 21 You are further notified that the report of the temporary 22 commissioners is set for hearing in the .... in the 23 Courthouse at .... Illinois, on (insert date),the .... day24of ...., 19..,at the hour of .... .. M., at which time and 25 place you may appear and be heard if you see fit so to do. 26 Dated (insert date).this .... day of .... 19...27 ................................. 28 Clerk of the Circuit Court of the 29 ............... Judicial Circuit, 30 ............... County, Illinois. 31 (Source: P.A. 86-297; revised 10-20-98.) 32 (70 ILCS 605/5-5) (from Ch. 42, par. 5-5) 33 Sec. 5-5. Original assessments - Notice of hearing - SB745 Engrossed -497- LRB9101253EGfg 1 Contents of notice. The clerk of the court shall give notice 2 of the hearing on the assessment roll in the manner and for 3 the length of time provided in Section 5-6. The notice shall 4 be entitled "Drainage Notice" and must state (a) in what 5 court and on what date the assessment roll was filed, (b) the 6 name of the district, (c) the total amount of benefits 7 proposed to be levied, (d) the total amount of damages, if 8 any, to be allowed, (e) the total amount of compensation 9 proposed to be allowed, if any, (f) if an annual maintenance 10 assessment is proposed to be levied, the total amount of such 11 annual maintenance assessment, and (g) the date, place and 12 hour the hearing will be held. 13 The notice may be substantially in the following form: 14 DRAINAGE NOTICE 15 Public notice is hereby given that on (insert date),the16.... day of ...., 19..,an assessment roll was filed in the 17 Circuit Court of the .... Judicial Circuit,.... County, 18 Illinois, by the commissioners of .... drainage District; 19 that the total amount of the assessments of benefits 20 contained in the assessment roll is $...., the total amount 21 of damages proposed to be allowed contained in the assessment 22 roll is $...., and the total amount of compensation proposed 23 to be allowed contained in the assessment roll is $....; (if 24 an annual maintenance assessment is included in the 25 assessment roll, then insert here the statement "that the 26 total amount of the annual maintenance assessment contained 27 in the assessment roll is $....";) and that upon the filing 28 of such assessment roll, the same was presented to the court 29 and by the court set for hearing before the Circuit Court in 30 the courthouse at ...., Illinois, on (insert date),the ....31day of ...., 19..,at the hour of .... .. M., at which time 32 and place all interested persons may appear and be heard upon 33 all questions of benefits, damages and compensation if they 34 see fit to do so. SB745 Engrossed -498- LRB9101253EGfg 1 Dated (insert date).this .... day of ...., 19..2 ............................. 3 Clerk of the Circuit Court of 4 the ....... Judicial Circuit, 5 ........... County, Illinois. 6 (Source: Laws 1965, p. 678; revised 10-20-98.) 7 (70 ILCS 605/5-20) (from Ch. 42, par. 5-20) 8 Sec. 5-20. Annual maintenance assessments - Certificate 9 of levy - Extension of assessment. During the month of 10 November in each year, the commissioners of each district in 11 which an annual maintenance assessment roll has been approved 12 or confirmed shall determine whether it is necessary to 13 collect all or any portion of the annual maintenance 14 assessment for repair and maintenance work or the operation 15 of pumping plants during the ensuing calendar year. If they 16 determine that it is necessary to collect all or a portion of 17 such assessment, then they shall, before the first of 18 December, file with the clerk of the circuit court of the 19 county in which the district was organized a certificate of 20 levy, setting forth the amount of money needed by them for 21 the performance of such work during the ensuing year which 22 amount shall in no event exceed the total of the annual 23 maintenance assessment roll as confirmed by the court and, if 24 the amount so levied be less than the total amount which they 25 are authorized to levy, then the percentage which the amount 26 so levied bears to the total amount authorized, which 27 certificate may be in the following form: 28 CERTIFICATE OF LEVY OF ANNUAL 29 MAINTENANCE ASSESSMENT 30 To ...., Clerk of the Circuit Court: 31 The undersigned commissioners of .... Drainage District 32 do hereby certify that they require the sum of .... Dollars, 33 to be levied as an annual maintenance assessment upon the SB745 Engrossed -499- LRB9101253EGfg 1 lands and other property and other districts and municipal 2 corporations subject to assessment by the district. Such sum 3 is to be used for the performance of annual maintenance work 4 (and pumping plant operation) during the ensuing calendar 5 year and represents ....% of the total amount of the annual 6 maintenance assessment authorized to be levied by the Circuit 7 Court of this county by its order duly given or made on 8 (insert date).the .... day of ...., 19...9 Dated (insert date).this .... day of November, 19...10 ........................ 11 ........................ 12 ........................ 13 Commissioners. 14 The owner of any land or other property which is subject 15 to an annual maintenance assessment may object to the amount 16 levied by the commissioners in any year by filing written 17 objections with the court on or before the 10th day of 18 December following the filing of the certificate of levy. 19 Upon the filing of the objections they shall be presented to 20 the court, which shall fix the date and hour for hearing. The 21 objecting landowner or landowners shall give each of the 22 commissioners at least 3 days notice of the hearing by 23 personal service or by mail which notice shall have attached 24 thereto a copy of the objections filed. The objections shall 25 be heard and determined by the court prior to the 20th day of 26 December. Upon such hearing the court may confirm the levy 27 without change or reduce the levy and confirm the same as so 28 reduced. No appeal shall lie from the order of the court but 29 the objectors shall not be precluded from raising the same 30 objections on the Collector's application for judgment and 31 order of sale for delinquent annual maintenance assessments. 32 If no objections are filed by the 10th day of December or if 33 the court fails to hear and determine the filed objections by 34 the 20th day of December then the certificate of levy shall SB745 Engrossed -500- LRB9101253EGfg 1 stand as confirmed without further action by the court. 2 If the amount levied in any year is less than the total 3 amount of the annual maintenance assessment roll, then the 4 individual assessments shall abate proportionately. Upon the 5 confirmation of the levy, whether by order of the court or by 6 the failure of any landowner to file written objections or by 7 the failure of the court to determine objections, the clerk 8 of the circuit court shall, except in the case of those 9 districts which have appointed as their collectors persons 10 other than the county collector, deliver a certified copy of 11 the certificate of levy, together with a certified copy of 12 the order of the court, if any, thereon, to the county clerk, 13 who shall extend the same on the county collector's books in 14 appropriate columns, and the amounts so extended shall be 15 collected at the same time and in the same manner as general 16 taxes and, when so collected, shall be paid over to the 17 district treasurer in the same manner as taxes of municipal 18 corporations. When the district is situated in more than one 19 county, the clerk of the circuit court of the county in which 20 the district is organized shall deliver to the county clerk 21 of each of such counties a certified copy of the certificate 22 of levy, together with a certified copy of the order of the 23 court, if any thereon, and the county clerks of such counties 24 shall extend the levy against the portion of the lands and 25 property in the district in his county on the collector's 26 books in his office, as above set forth, and the collection 27 and distribution thereof in that county shall be accomplished 28 in the same manner as in districts situated in a single 29 county. In extending annual maintenance assessments in the 30 county collector's books, when the tracts described in the 31 assessment roll do not coincide with the tracts described in 32 the collector's books but the description in the collector's 33 books includes the description on the assessment roll, then 34 the clerk may include the assessment against the smaller SB745 Engrossed -501- LRB9101253EGfg 1 tract with the taxes against the larger tract, but such 2 authority shall be procedural only and shall not be construed 3 to extend the lien of the assessment against the larger tract 4 or upon any land or property other than that against which 5 the assessment was actually confirmed. When the tract 6 described in the assessment roll is larger than the tract 7 described in the collector's book, then the assessment 8 against such tract shall be divided in the collector's books 9 proportionately. 10 In those districts which have appointed as their 11 collectors persons other than the county collector, the clerk 12 shall certify a copy of the certificate of levy and the order 13 of the court, if any, to the district collector, who shall 14 then be charged with the duty of billing and collecting the 15 annual maintenance assessment so levied as in the case of 16 original and additional assessments. 17 In all cases, it shall be the duty of the district 18 collector to collect assessments against other districts and 19 municipal corporations and against property not appearing in 20 the county collector's books. 21 (Source: P.A. 84-886; revised 10-20-98.) 22 Section 83. The Fire Protection District Act is amended 23 by changing Section 16c as follows: 24 (70 ILCS 705/16c) (from Ch. 127 1/2, par. 37c) 25 Sec. 16c. Territory included within the limits of any 26 fire protection district may be disconnected from the 27 district and organized in a new fire protection district in 28 the manner hereinafter set forth (1) if the territory would 29 receive equal or greater benefits from the district into 30 which it seeks to be organized; (2) if the disconnection will 31 not cause the territory remaining in the district from which 32 the territory is to be disconnected, to be noncontiguous; (3) SB745 Engrossed -502- LRB9101253EGfg 1 if the trustees of the district from which the territory is 2 to be disconnected consent thereto; (4) if the territory to 3 be disconnected meets the requirements for organization as 4 provided in Section 1 of this Act. One percent or more of 5 the legal voters residing within the limits of the territory 6 proposed to be disconnected and organized in a new district 7 may file a petition in the circuit court of the county where 8 such territory is located setting forth: (1) the description 9 of the territory sought to be disconnected and organized in a 10 new district; (2) facts disclosing that the territory 11 described meets the requirements for organization of a new 12 district as provided in Section 1 of this Act; (3) that the 13 territory would receive equal or greater benefits from the 14 district in which it seeks to be organized; (4) that the 15 disconnection will not cause the territory remaining in the 16 district from which the territory is to be disconnected, to 17 be noncontiguous nor impair such district from rendering fire 18 protection service to the territory remaining in the 19 district; (5) that the trustees of the district from which 20 the territory is to be disconnected consent thereto (a 21 certified copy of a resolution of the trustees evidencing 22 their consent to such disconnection and adopted not more than 23 90 days prior to the filing of the petition shall be attached 24 to and made a part of the petition); and (6) the name of the 25 proposed district; and requesting that the question of 26 whether the territory shall be disconnected from the district 27 in which it is presently situated and organized in a new 28 district be submitted to the voters of the territory sought 29 to be disconnected. 30 Upon the filing of the petition, the court shall set a 31 date for hearing not less than 2 weeks, nor more than 4 weeks 32 from the filing thereof, and the court, or the clerk of the 33 court, upon order of the court, shall give 2 weeks' notice of 34 such hearing in one or more newspapers, either daily or SB745 Engrossed -503- LRB9101253EGfg 1 weekly, of general circulation in the district from which the 2 territory is sought to be disconnected and in the territory 3 sought to be disconnected, and by posting at least 10 copies 4 of the notice in conspicuous places in the district, and at 5 least 10 copies of the notice in conspicuous places in the 6 territory which is sought to be disconnected therefrom, and, 7 in addition, shall cause a copy of the notice to be 8 personally served upon each of the trustees of the district 9 from which the territory is sought to be disconnected. 10 At any time prior to the date set for the hearing or 11 within such additional time as may be granted by the court, 12 the trustees of the district from which disconnection is 13 sought may file a revocation of their consent to the proposed 14 disconnection and in case of such revocation of consent, the 15 court shall enter an order dismissing the petition for 16 disconnection. The trustees may withdraw their revocation or 17 give their new consent to the disconnection of the territory 18 at any time prior to the entry of an order dismissing the 19 petition. In case no revocation of consent is filed, the 20 court shall proceed with the matter as herein provided, but 21 if the court finds that any of the conditions herein required 22 for the disconnection and organization do not exist, it shall 23 enter an order dismissing the petition. 24 At the hearing any person residing in or having an 25 interest in any of the property sought to be disconnected may 26 appear and be heard and both objectors and petitioners may 27 offer any competent evidence as to the matters averred in the 28 petition. 29 If the court shall, upon hearing the petition, find that 30 the territory described therein meets all of the conditions 31 hereinbefore set forth and complies with this Section, it 32 shall certify to the proper election officials the question 33 of whether the territory shall be disconnected from the 34 district in which it is presently located and organized in a SB745 Engrossed -504- LRB9101253EGfg 1 new fire protection district, and its order, and such 2 election officials shall submit that question at an election 3 in such territory in accordance with the general election 4 law..The proposition shall be in substantially the 5 following form: 6 ------------------------------------------------------------- 7 For disconnecting from the 8 .... fire protection 9 district and organizing the 10 .... fire protection 11 district and retaining a 12 proportionate share of the 13 bonded indebtedness, if any, 14 of the former district. 15 ------------------------------------------------------------- 16 Against disconnecting from the 17 .... fire protection 18 district and organizing the 19 .... fire protection 20 district and retaining a 21 proportionate share of the 22 bonded indebtedness, if any, 23 of the former district. 24 ------------------------------------------------------------- 25 If a majority of the votes cast upon the question of 26 disconnecting the territory and organizing a new district 27 shall be in favor of the disconnection and organization, the 28 territory shall thenceforth cease to be a part of the fire 29 protection district to which it was attached and shall become 30 a new fire protection district, provided that the 31 disconnected territory shall remain liable for its 32 proportionate share of the bonded indebtedness outstanding as 33 of the date of disconnection, if any, of the district from 34 which it was disconnected. The court shall cause a written SB745 Engrossed -505- LRB9101253EGfg 1 statement of the results of such an election to be filed of 2 record in the court and shall enter an order accordingly, and 3 shall also cause to be sent to the county clerk of all 4 counties in which any portion of the new district lies and to 5 the Office of the State Fire Marshal a certified copy of the 6 order organizing such district and a plat of the same 7 indicating what lands of the district lie in such county or 8 counties. The new district shall be organized and the 9 trustees appointed in the same manner as provided in Section 10 4, and such district and its trustees shall have like powers 11 and responsibilities as any new district organized under this 12 Act. 13 (Source: P.A. 83-343; revised 2-24-98.) 14 Section 84. The Fire Protection of Unprotected Area Act 15 is amended by changing Section 2 as follows: 16 (70 ILCS 715/2) (from Ch. 127 1/2, par. 302) 17 Sec. 2. After December 31, 1975, all unprotected areas 18 of unincorporated portions of counties of less than 500,000 19 inhabitants,shall be eligible for assignment by the Fire 20 Marshal of fire protection coverageby the Fire Marshal, -21 from a fire protection district. Incorporated areas,and 22 municipal fire departments,shall be exempt from the 23 provisions of this Act. 24 (Source: P.A. 79-1054; revised 10-31-98.) 25 Section 85. The Downstate Forest Preserve District Act 26 is amended by changing Section 2 as follows: 27 (70 ILCS 805/2) (from Ch. 96 1/2, par. 6303) 28 Sec. 2. The proposition shall be substantially in the 29 following form: 30 ------------------------------------------------------------- SB745 Engrossed -506- LRB9101253EGfg 1 "Shall there be organized a forest 2 preserve district in accordance with 3 the order of the judge of the circuit 4 court of .... county, dated (insert YES 5 date),under the date of the6.... day of ...., 19...,7 to be known as (insert here 8 the name of the proposed district as ------------------ 9 entered in the order of the judge of 10 the circuit court) and described as 11 follows: (insert description of the NO 12 proposed district as entered in the 13 order of the judge of the circuit 14 court)?"[?]15 ------------------------------------------------------------- 16 The clerk of the circuit court of the county shall cause 17 a statement of the result of the referendum in the proposed 18 district to be filed in the records of the circuit court of 19 the county, and if a majority of the votes cast in the 20 proposed district upon the question is found to be in favor 21 of the organization of a forest preserve district, the 22 proposed forest preserve district shall thenceforth be deemed 23 an organized forest preserve district under this Act. 24 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.) 25 Section 86. The Tuberculosis Sanitarium District Act is 26 amended by changing Section 2 as follows: 27 (70 ILCS 920/2) (from Ch. 23, par. 1702) 28 Sec. 2. The proposition shall be substantially in the 29 following form: 30 ------------------------------------------------------------- 31 "Shall there be organized a 32 tuberculosis sanitarium district in SB745 Engrossed -507- LRB9101253EGfg 1 accordance with the order of the YES 2 circuit court of .... county, dated 3 (insert date),under the date4of the .... day of .... 19..-------------------------- 5 to be known as (insert here the name of the 6 proposed district as entered in the order NO 7 of the court) and described as follows: 8 (Insert description of proposed district as 9 entered in the order of the circuit court)." 10 ------------------------------------------------------------- 11 A statement of the result of such referendum in each 12 district shall be entered of record in the court, and if a 13 majority of the votes cast in any district upon such question 14 is found to be in favor of the organization of such 15 tuberculosis sanitarium district, such tuberculosis 16 sanitarium district shall thenceforth be deemed an organized 17 tuberculosis sanitarium district under this Act. 18 (Source: P.A. 83-343; revised 10-19-98.) 19 (70 ILCS 1105/0.01 rep.) (from Ch. 85, par. 6800) 20 Section 87. The Museum District Act is amended by 21 repealing Section 0.01. 22 Section 88. The Park District Code is amended by 23 changing Section 10-7d as follows: 24 (70 ILCS 1205/10-7d) (from Ch. 105, par. 10-7d) 25 Sec. 10-7d. If a majority of the voters in any park 26 district voting on the question at a referendum held for that 27 purpose votes in favor of selling such property under 28 Sections 10-7 to 10-7d hereof, inclusive, the governing board 29 shall, proceed to sell such property at public auction after 30 first giving two weeks' notice of the time and place and 31 terms of said sale by notice published two successive weeks, SB745 Engrossed -508- LRB9101253EGfg 1 once each week, the first publication to be not less than 2 fifteen days prior to the date fixed for said sale, in a 3 newspaper published and of general circulation in said 4 district, if there be such a newspaper. If there be no such 5 newspaper, then such publication may be had in a newspaper of 6 general circulation in the district, if any, or if none, then 7 by posting in not less than ten public places in such 8 district. Said board shall sell said property to the highest 9 responsible bidder at said auction and notice of sale shall 10 be in substantially the following form: 11 NOTICE OF SALE 12 Notice is hereby given that on (insert date),the .... day of13...., 19..,the .... Park District will sell at public sale 14 at .... at the hour of .... o'clock ...M. the following 15 described property: 16 (Here describe property) 17 The terms of the sale shall be as follows: 18 (Here insert terms upon which property shall be sold). 19 By order of the Board of .... Park District. 20 .... (President of .... Park District) 21 Prior to directing notice for sale the board shall adopt 22 a resolution fixing the time for the sale, specifying the 23 terms of the sale which shall not be less than one-third of 24 the purchase price in cash and the balance in 2 equal 25 payments due not more than 6 months and 12 months from date 26 of sale. 27 In the event no bids are received at such sale, said 28 property may, without another referendum on such question, 29 again be advertised for sale at any time within 12 months 30 from date of the first sale, in the manner hereinabove 31 provided. The Board may reserve the right to reject any or 32 all bids and advertise for resale. In the event said 33 property is not sold within 12 months from date of the first 34 public sale, said property shall not be sold until a new SB745 Engrossed -509- LRB9101253EGfg 1 resolution is adopted with new opportunity for referendum on 2 such question by the voters. 3 Any deed, subject to the provisions of Sections 10-7a to 4 this Section 10-7d, inclusive, shall be executed by the 5 president and secretary of the district and shall be 6 deposited in escrow with the treasurer of said district, and 7 shall not be released to the purchaser of said property or 8 recorded until the purchase price therefor has been deposited 9 in full with said treasurer. Any proceeds derived from the 10 sale of such property shall become a part of the general 11 corporate funds of said district. 12 (Source: P.A. 81-1489; revised 10-20-98.) 13 Section 89. The Lincoln Park Commissioners Land 14 Condemnation Act is amended by changing Section 3 as follows: 15 (70 ILCS 1570/3) (from Ch. 105, par. 81) 16 Sec. 3. The commissioners of Lincoln Park may, bybe17 contract with or deeds from the owner or owners thereof, 18 acquire the riparian rights appurtenant to the shore lands 19 adjacent to and adjoining the submerged lands so granted and 20 so much of the shore lands and interests therein and such 21 right to impose restrictions upon the use thereof as to the 22 commissioners of Lincoln Park shall seem necessary and 23 desirable and in acquiring such rights and interests the 24 commissioners of Lincoln Park may agree with such owner or 25 owners upon a boundary line dividing the submerged and 26 adjacent and adjoining lands to be held and used for the 27 proposed park, boulevard, or driveway extension and the 28 submerged and adjacent and adjoining lands to be retained and 29 held by such owner or owners in lieu of and as compensation 30 for the release of such riparian and other rights and shore 31 lands and interests therein to the Commissioners of Lincoln 32 Park. In all cases where the Commissioners of Lincoln Park SB745 Engrossed -510- LRB9101253EGfg 1 shall have acquired or contracted to acquire such shore lands 2 and interests therein and riparian and other rights 3 appurtenant thereto or shall have agreed with any owner or 4 owners upon a boundary line as hereinabove provided, the 5 owner or owners of such shore lands and interests therein and 6 riparian and other rights appurtenant thereto may file a 7 complaint in the Circuit Court of the county in which the 8 lands are situated, in which complaint the Commissioners of 9 Lincoln Park shall be made defendants, praying that the 10 boundary line between the lands of the plaintiffs in the 11 action and the lands acquired by the Commissioners of Lincoln 12 Park under this Act, may be established and defined by the 13 judgment of the Circuit Court. The defendant shall be served 14 with process in the action so instituted in the same manner 15 as in other civil cases, and the proceedings in the cause may 16 be conducted in the same manner as in other civil cases, and 17 the court shall have power by its final judgment in the cause 18 to establish the dividing or boundary line between the lands 19 of the plaintiffs and the lands of the Commissioners of 20 Lincoln Park adjacent thereto, and the line so established by 21 the judgment of the Circuit Court shall be the permanent 22 boundary line of the shore lands which shall not be affected 23 or changed thereafter, either by accretions or erosions, and 24 the owners of the shore lands shall have the right to 25 improve, protect, sell and convey the shore lands up to the 26 boundary line so established, free from any adverse claim in 27 any way arising out of any question as to where the shore 28 line was at any time in the past or as to the title of 29 existing accretions, if any, to the shore land. In the event 30 that any owner or party interested in any of the shore lands 31 shall be unable to contract with the Commissioners of Lincoln 32 Park by reason of minority or other disability, a complaint 33 may be filed by the guardian or next friend or other legal 34 representative of such owner in the circuit court in the SB745 Engrossed -511- LRB9101253EGfg 1 county in which such lands are situated, in which the 2 Commissioners of Lincoln Park shall be made defendant, 3 praying that such proceedings may be had and such order or 4 judgment entered as may be necessary or proper to protect the 5 interests of the plaintiff in the shore lands. The defendant 6 shall be served with process in the same manner as in other 7 civil cases and the proceedings in the cause shall be 8 conducted in the same manner as in other civil cases, and the 9 court shall have power by its final judgment upon such terms 10 and conditions as it may deem reasonable and fair, to 11 transfer to the Commissioners of Lincoln Park all the 12 riparian rights of the plaintiff, and also to establish the 13 boundary line between the lands owned by the plaintiff, and 14 the lands of the Commissioners of Lincoln Park. 15 (Source: P.A. 83-345; revised 10-31-98.) 16 Section 90. The Havana Regional Port District Act is 17 amended by changing Section 4 as follows: 18 (70 ILCS 1805/4) (from Ch. 19, par. 604) 19 Sec. 4. The Port District has the following functions, 20 powers and duties: 21 (a) to study the existing harbor facilities within the 22 area of the Port District and recommend to appropriate 23 governmental agencies, including the General Assembly of 24 Illinois, such changes and modifications as may from time to 25 time be required for continuing development therein and to 26 meet changing business and commercial needs; 27 (b) to make an investigation of conditions within the 28 Port District and prepare and adopt a comprehensive plan for 29 the development of port facilities for the Port District. In 30 preparing and recommending changes and modifications in 31 existing harbor facilities, or a comprehensive plan for the 32 development of such port facilities, the Port District, if SB745 Engrossed -512- LRB9101253EGfg 1 deemed desirable, may set aside and allocate an area or 2 areas, within the lands owned by the Port District, to be 3 leased to private parties for industrial, manufacturing, 4 commercial, or harbor purposes, where such area or areas in 5 the opinion of the Board, are not required for primary 6 purposes in the development of harbor and port facilities for 7 the use of public water and land transportation, or will not 8 be needed immediately for such purposes, and where such 9 leasing in the opinion of the Board will aid and promote the 10 development of terminal and port facilities; 11 (c) to issue permits for the construction of wharves, 12 piers, dolphins, booms, weirs, breakwaters, bulkheads, 13 jetties, bridges or other structures of any kind in any 14 navigable waters within the Port District or for the deposit 15 of rock, earth, sand or other material, or any matter of any 16 kind or description in such waters and to regulate beyond the 17 limits or jurisdiction of any municipality the anchorage, 18 moorage and speed of vessels and to establish and enforce 19 regulations for the operation of bridges; provided, however, 20 that any permit issued or regulation established or adopted 21 by the Port District shall be subject to the paramount 22 authority of the Federal Government to regulate navigation 23 and the Department of Natural Resources of the State of 24 Illinois under the Rivers, Lakes, and Streams Act;.25 (d) to acquire, own, construct, lease and maintain port 26 and water terminal facilities and transportation facilities 27 thereto within the Port District, and, subject to the 28 provisions of Section 5 of this Act, to operate or contract 29 for the operation of such facilities, and to fix and collect 30 just, reasonable, and non-discriminatory charges or rentals 31 for the use of such facilities. The charges or rentals so 32 collected shall be deposited in the treasury of the Port 33 District, and be used to defray the reasonable expenses of 34 the Port District, and to pay the principal and interest upon SB745 Engrossed -513- LRB9101253EGfg 1 any revenue bonds issued by the Port District; 2 (e) to enter into contracts dealing in any manner with 3 the objects and purposes of this Act. 4 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.) 5 Section 91. The Illinois International Port District Act 6 is amended by changing Section 4 as follows: 7 (70 ILCS 1810/4) (from Ch. 19, par. 155) 8 Sec. 4. It shall be the duty of the Port District: 9 (a) To study the existing harbor plans within the area 10 of the Port District and to recommend to the appropriate 11 governmental agency, including the General Assembly of 12 Illinois, such changes and modifications as may from time to 13 time be required by the continuing development therein and to 14 meet changing business and commercial needs. 15 (b) To make an investigation of conditions within the 16 area of the Port District and to prepare and adopt a 17 comprehensive plan for the development of the port facilities 18 for the said Port District. In preparing and recommending 19 changes and modifications in existing harbor plans, or a 20 comprehensive plan for the development of said port 21 facilities, as above provided, the District may if it deems 22 desirable set aside and allocate an area, or areas, within 23 the lands held by it, to be used and operated by the District 24 or leased to private parties for industrial, manufacturing, 25 commercial, recreational, or harbor purposes, where such area 26 or areas are not, in the opinion of the District, required 27 for its primary purposes in the development of harbor and 28 port facilities for the use of public water and land 29 transportation, or will not be immediately needed for such 30 purposes, and where such use and operation or leasing will in 31 the opinion of the District aid and promote the development 32 of terminal and port facilities. SB745 Engrossed -514- LRB9101253EGfg 1 (c) To study and make recommendations to the proper 2 authority for the improvement of terminal, lighterage, 3 wharfage, warehousing, transfer and other facilities 4 necessary for the promotion of commerce and the interchange 5 of traffic within, to and from the Port District.;6 (d) To study, prepare and recommend by specific 7 proposals to the General Assembly of Illinois changes in the 8 jurisdiction of the Port District.;9 (e) To petition any federal, state, municipal or local 10 authority, administrative, judicial and legislative, having 11 jurisdiction in the premises, for the adoption and execution 12 of any physical improvement, change in method, system of 13 handling freight, warehousing, docking, lightering and 14 transfer of freight, which in the opinion of the Port 15 District may be designed to improve or better the handling of 16 commerce in and through the Port District or improve terminal 17 or transportation facilities therein.;18 (f) To foster, stimulate and promote the shipment of 19 cargoes and commerce through such ports, whether originating 20 within or without the State of Illinois.;21 (g) To acquire, construct, own, lease and develop 22 terminals, wharf facilities, piers, docks, warehouses, bulk 23 terminals, grain elevators, tug boats and other harbor 24 crafts, and any other port facility or port-related facility 25 or service as it finds necessary and convenient.;26 (h) To perform any other act or function which may tend 27 to or be useful toward development and improvement of 28 harbors, sea ports, and port-related facilities and services 29 and to increase foreign and domestic commerce through the 30 harbors and ports within the City of Chicago. 31 (Source: P.A. 88-539; revised 10-31-98.) 32 Section 92. The Jackson-Union Counties Regional Port 33 District Act is amended by changing Section 4 as follows: SB745 Engrossed -515- LRB9101253EGfg 1 (70 ILCS 1820/4) (from Ch. 19, par. 854) 2 Sec. 4. The Port District has the following rights and 3 powers: 4 1. To issue permits: for the construction of all 5 wharves, piers, dolphins, booms, weirs, breakwaters, 6 bulkheads, jetties, bridges or other structures of any kind, 7 over, under, in, or within 40 feet of any navigable waters 8 within the Port District; for the deposit of rock, earth, 9 sand or other material, or any matter of any kind or 10 description in said waters; except that nothing contained in 11 this paragraph 1 shall be construed so that it will be deemed 12 necessary to obtain a permit from the District for the 13 erection, operation or maintenance of any bridge crossing a 14 waterway which serves as a boundary between the State of 15 Illinois and any other state, when said erection, operation 16 or maintenance is performed by any city within the District; 17 2. To prevent or remove obstructions in navigable 18 waters, including the removal of wrecks; 19 3. To locate and establish dock lines and shore or 20 harbor lines; 21 4. To regulate the anchorage, moorage and speed of water 22 borne vessels and to establish and enforce regulations for 23 the operation of bridges, except nothing contained in this 24 paragraph 4 shall be construed to give the District authority 25 to regulate the operation of any bridge crossing a waterway 26 which serves as a boundary between the State of Illinois and 27 any other state, when such operation is performed or to be 28 performed by any city within the District; 29 5. To acquire, own, construct, lease, operate and 30 maintain terminals, terminal facilities and port facilities, 31 and to fix and collect just, reasonable and nondiscriminatory 32 charges for the use of such facilities. The charges so 33 collected shall be used to defray the reasonable expenses of 34 the Port District and to pay the principal of and interest on SB745 Engrossed -516- LRB9101253EGfg 1 any revenue bonds issued by the District; 2 6. To locate, establish and maintain a public airport, 3 public airports and public airport facilities within its 4 corporate limits or within or upon any body of water adjacent 5 thereto, and to construct, develop, expand, extend and 6 improve any such airport or airport facility; 7 7. To operate, maintain, manage, lease, sublease, and to 8 make and enter into contracts for the use, operation or 9 management of, and to provide rules and regulations for, the 10 operation, management or use of, any public airport or public 11 airport facility; 12 8. To fix, charge and collect reasonable rentals, tolls, 13 fees, and charges for the use of any public airport, or any 14 part thereof, or any public airport facility; 15 9. To establish, maintain, extend and improve roadways 16 and approaches by land, water or air to any such airport and 17 to contract or otherwise provide, by condemnation if 18 necessary, for the removal of any airport hazard or the 19 removal or relocation of all private structures, railways, 20 mains, pipes, conduits, wires, poles, and all other 21 facilities and equipment which may interfere with the 22 location, expansion, development, or improvement of airports 23 or with the safe approach thereto or takeoff therefrom by 24 aircraft, and to pay the cost of removal or relocation; and, 25 subject to the "Airport Zoning Act", approved July 17, 1945, 26 as amended, to adopt, administer and enforce airport zoning 27 regulations for territory which is within its corporate 28 limits or which extends not more than 2 miles beyond its 29 corporate limits; 30 10. To restrict the height of any object of natural 31 growth or structure or structures within the vicinity of any 32 airport or within the lines of an approach to any airport 33 and, when necessary, for the reduction in the height of any 34 such existing object or structure, to enter into an agreement SB745 Engrossed -517- LRB9101253EGfg 1 for such reduction or to accomplish same by condemnation; 2 11. To agree with the State or federal governments or 3 with any public agency in respect to the removal and 4 relocation of any object of natural growth, airport hazard or 5 any structure or building within the vicinity of any airport 6 or within an approach and which is owned or within the 7 control of such government or agency and to pay all or an 8 agreed portion of the cost of such removal or relocation; 9 12. For the prevention of accidents, for the furtherance 10 and protection of public health, safety and convenience in 11 respect to aeronautics, for the protection of property and 12 persons within the District from any hazard or nuisance 13 resulting from the flight of aircraft, for the prevention of 14 interference between, or collision of, aircraft while in 15 flight or upon the ground, for the prevention or abatement of 16 nuisances in the air or upon the ground or for the extension 17 of increase in the usefulness or safety of any public airport 18 or public airport facility owned by the District, the 19 District may regulate and restrict the flight of aircraft 20 while within or above the incorporated territory of the 21 District; 22 13. To police its physical property only and all 23 waterways and to exercise police powers in respect thereto or 24 in respect to the enforcement of any rule or regulation 25 provided by the ordinances of the District and to employ and 26 commission police officers and other qualified persons to 27 enforce the same. The use of any such public airport or 28 public airport facility of the District shall be subject to 29 the reasonable regulation and control of the District and 30 upon such reasonable terms and conditions as shall be 31 established by its Board. A regulatory ordinance of the 32 District adopted under any provisions of this Section may 33 provide for a suspension or revocation of any rights or 34 privileges within the control of the District for a violation SB745 Engrossed -518- LRB9101253EGfg 1 of any such regulatory ordinance. Nothing in this Section or 2 in other provisions of this Act shall be construed to 3 authorize the Board to establish or enforce any regulation or 4 rule in respect to aviation, or the operation or maintenance 5 of any airport facility within its jurisdiction, which is in 6 conflict with any federal or state law or regulation 7 applicable to the same subject matter; 8 14. To enter into agreements with the corporate 9 authorities or governing body of any other municipal 10 corporation or any political subdivision of this State to pay 11 the reasonable expense of services furnished by such 12 municipal corporation or political subdivision for or on 13 account of income producing properties of the District; 14 15. To enter into contracts dealing in any manner with 15 the objects and purposes of this Act; 16 16. To acquire, own, lease, sell or otherwise dispose of 17 interests in and to real property and improvements situated 18 thereupon and in personal property necessary to fulfill the 19 purposes of the District; 20 17. To designate the fiscal year for the District; 21 18. To engage in any activity or operation which is 22 incidental to and in furtherance of efficient operation to 23 accomplish the District's primary purpose; 24 19. To build, construct, repair and maintain levees;.25 20. To enter into agreements with banks and other 26 lending institutions guaranteeing the contract performance of 27 a person or other business entity doing or planning to do 28 business in the Jackson County and Union County area;.29 21. To make and give grants to a person or business 30 entity doing or planning to do business in the Jackson County 31 and Union County area;.32 22. To acquire, own, construct, lease, operate, and 33 maintain industrial plants and facilities, including, but not 34 limited to, ethanol plants and facilities, and the SB745 Engrossed -519- LRB9101253EGfg 1 by-products therefrom, within the confines of Jackson County 2 and Union County. The charges so collected shall be used to 3 defray the reasonable expenses of the Port District and to 4 pay the principal and interest of any revenue bonds issued by 5 the district. 6 (Source: P.A. 89-29, eff. 6-23-95; 89-78, eff. 6-30-95; 7 revised 10-31-98.) 8 Section 93. The Sanitary District Act of 1917 is amended 9 by changing Sections 22a.18, 22a.36, and 25 as follows: 10 (70 ILCS 2405/22a.18) (from Ch. 42, par. 317d.19) 11 Sec. 22a.18. Notice by publication. Petitioner, in 12 addition to other required notices, shall publish a notice at 13 least twice, not more than 30 nor less than 15 days in 14 advance of the time at which confirmation of the specified 15 assessment is to be sought, in a newspaper having a general 16 circulation within the district. The notice may be 17 substantially as follows: 18 "SPECIAL ASSESSMENT NOTICE 19 Notice is hereby given to all persons interested that the 20 board of trustees of the ........ sanitary district having 21 ordered that (here insert a brief description of the nature 22 of the improvement), the ordinance for the improvement being 23 on file in the office of the district clerk, having applied 24 to the circuit court of ....... County for an assessment of 25 the costs of the improvement, according to benefits, and an 26 assessment therefor having been made and returned to that 27 court, the final hearing thereon will be had on (insert 28 date),the ..... day of ........., 19....,at ....... 29 o'clock, or as soon thereafter as the business of the court 30 will permit. All persons desiring may file objections in 31 that court before that day and may appear on the hearing and 32 make their defense." SB745 Engrossed -520- LRB9101253EGfg 1 Where the assessment is payable in installments, the 2 number of installments and the rate of interest also may be 3 stated. 4 (Source: P.A. 85-1137; revised 10-20-98.) 5 (70 ILCS 2405/22a.36) (from Ch. 42, par. 317d.37) 6 Sec. 22a.36. Collector's notice. The collector 7 receiving such a warrant shall give notice thereof within 30 8 days by publishing a notice at least twice in a newspaper 9 having a general circulation within the district. This 10 notice may be substantially in the following form: 11 "SPECIAL ASSESSMENT NOTICE 12 Notice is hereby given that the (here insert title of 13 court) has rendered judgment for a special assessment (or 14 special tax) upon property benefited by the following 15 improvement: (here briefly describe the character and 16 location of the improvement in general terms) as will more 17 fully appear from the certified copy of the judgment on file 18 in my office; that the warrant for the collection of this 19 assessment (or special tax) is in my possession. All persons 20 interested are hereby notified to call and pay the amount 21 assessed at the collector's office (here insert location of 22 office) within 30 days from the date hereof. 23 Dated (insert date).this .... day of .............., 19....24 ............................... 25 Collector." 26 When such an assessment or special tax is levied to be 27 paid in installments, the notice shall also contain the 28 aggregate amount of each installment, the rate of interest 29 deferred installments bear and the date when payable. 30 (Source: P.A. 85-1137; revised 10-20-98.) 31 (70 ILCS 2405/25) (from Ch. 42, par. 317g) 32 Sec. 25. The board of trustees of any sanitary district SB745 Engrossed -521- LRB9101253EGfg 1 may arrange to provide for the benefit of employees and 2 trustees of the sanitary district group life, health, 3 accident, hospital and medical insurance, or any one or any 4 combination of such types of insurance. The Board of 5 trustees may also elect to self insure the district's 6 employees. In the event the board arranges to provide 7 insurance, such insurance may include provision for employees 8 and trustees who rely on treatment by prayer or spiritual 9 means alone for healing in accordance with the tenets and 10 practice of a well recognized religious denomination. The 11 board of trustees may provide for payment by the sanitary 12 district of the premium or charge for such insurance. 13 If the board of trustees elects to provide the insurance, 14 but does not provide for a plan pursuant to which the 15 sanitary district pays the premium or charge for any group 16 insurance plan, the board of trustees may provide for the 17 withholding and deducting from the compensation of such of 18 the employees and trustees as consent thereto the premium or 19 charge for any group life, health, accident, hospital and 20 medical insurance. 21 If the board of trustees elects to provide insurance 22 under the provisions of this Section, it may exercise the 23 powers granted in this Section only if the kinds of such 24 group insurance are obtained from any insurance company 25 authorized to do business in the State of Illinois or any 26 other for-profit or not-for-profit organization or service 27 offering similar coverage including without limitation, 28 hospitals, clinics, health maintenance organizations, and 29 physicians' groups. The board of trustees may enact an 30 ordinance prescribing the method of operation of the 31 insurance or self-insurance program and for entering into 32 contracts with for-profit and not-for-profit organizations or 33 services providing health care services. 34 (Source: P.A. 90-655, eff. 7-30-98; 90-697, eff. 8-7-98; SB745 Engrossed -522- LRB9101253EGfg 1 revised 9-16-98.) 2 Section 94. The Metropolitan Water Reclamation District 3 Act is amended by changing Sections 4.2 and 220 as follows: 4 (70 ILCS 2605/4.2) (from Ch. 42, par. 323.2) 5 Sec. 4.2. There is hereby created and established a civil 6 service board to consist of 3 persons to be selected in the 7 manner following: 8 The governing authority or body of thesuchsanitary 9 district, hereinafter called the trustees, shall on or before 10 January 31, 1952 appoint a civil service board of 3 members, 11 all of whom shall be persons who are not trustees and not 12 more than 2 of whom shall be affiliated with the same 13 political party. Each member shall have been a qualified 14 elector of the sanitary district for at least 5 years 15 immediately prior to his or her appointment and shall believe 16 firmly in the merit system of government. No person shall be 17 appointed to the civil service board who has held an elective 18 public office or a position in a political party within the 2 19 years immediately prior to his or her appointment. No member 20 of the board shall be a member of a committee in any partisan 21 political club or organization, or shall hold or be a 22 candidate for any elective public office. 23 Of the members so appointed, one shall be appointed for a 24 term of 2 years, one for a term of 4 years and one for a term 25 of 6 years beginning February 1, 1952. All subsequent 26 appointments shall be for 6 year terms beginning February 1 27 of the year in which the antecedent term expires. In the 28 event a vacancy occursshall occurfrom any cause in the 29 office of anysuchmember, the unexpired portion of the term 30thereofshall be filled by appointment within 60 days by the 31saidtrustees. The board shall elect from its members a 32 chairman, vice-chairman and secretary. Each shall serve for SB745 Engrossed -523- LRB9101253EGfg 1 a term of 2 years or until a successor is elected. Each 2 member of the board shall receive a salary of $15,000 per 3 annum, except the Chairman, who shall receive a salary of 4 $17,500 per annum. Two members of the civil service board 5 shall constitute a quorum, but in no instance shall the board 6 have authority or exercise responsibility if 60 days after a 7 vacancy exists on the board it has not been filled by 8 appointment. 9 No member of the civil service board shall be removed 10 except for palpable incompetence or malfeasance in office 11 upon written charges filed by or at the direction of the 12 trustees and heard before the trustees sitting as the board 13 of hearings herein provided for. 14 The board of hearingshearingshall hear and determine 15 the charges and its findings shall be final.andIf thesuch16charges areshall besustained, the member of the civil 17 service board so charged shall be forthwith removed from 18 office by thesaidboard of hearings and the trustees shall 19 thereupon proceed within 30 days to fill the vacancy created 20 by thatsuchremoval. In all proceedings provided for in 21 this Section, the board of hearings and each member thereof 22 shall have power to administer oaths and to compel by 23 subpoena the attendance and testimony of witnesses and the 24 production of books and papers. 25 (Source: P.A. 87-762; revised 2-24-98.) 26 (70 ILCS 2605/220) (from Ch. 42, par. 349.220) 27 Sec. 220. District enlarged. As of November 14, 1973, 28 the corporate limits of the Metropolitan Sanitary District of 29 Greater Chicago are extended so as to embrace and include 30 within the same the territory and tracts of land situated in 31 the County of Cook, State of Illinois, described as follows: 32 Those portions of Sections 19, 20 and 29 lying South of 33 the centerline of the Little Calumet River, all in Township SB745 Engrossed -524- LRB9101253EGfg 1 36 North, Range 15 East of the Third Principal Meridian; also 2 all of Sections 30, 31 and 32, all in Township 36 North, 3 Range 15 East of the Third Principal Meridian; also all of 4 Sections 5 and 6, Township 35 North, Range 15 East of the 5 Third Principal Meridian (except those portions thereof which 6 are now within the corporate limits of the Metropolitan 7 Sanitary District of Greater Chicago); also the East 1/2 of 8 Sections 25 and 36, all in Township 36 North, Range 14 East 9 of the Third Principal Meridian (except those portions 10 thereof which are now within the corporate limits of the 11 Metropolitan Sanitary District of Greater Chicago). 12 (Source: P.A. 87-834; revised 2-24-98.) 13 Section 95. The Sanitary District Act of 1936 is amended 14 by changing Sections 56 and 74 as follows: 15 (70 ILCS 2805/56) (from Ch. 42, par. 447.20) 16 Sec. 56. Notice by publication. Petitioner, in addition 17 to other required notices, shall publish a notice at least 18 twice, not more than 30 nor less than 15 days in advance of 19 the time at which confirmation of the specified assessment is 20 to be sought, in a newspaper having a general circulation 21 within the district. The notice may be substantially as 22 follows: 23 "SPECIAL ASSESSMENT NOTICE 24 Notice is hereby given to all persons interested that the 25 board of trustees of the ........ sanitary district having 26 ordered that (here insert a brief description of the nature 27 of the improvement), the ordinance for the improvement being 28 on file in the office of the district clerk, having applied 29 to the circuit court of ....... County for an assessment of 30 the costs of the improvement, according to benefits, and an 31 assessment therefor having been made and returned to that 32 court, the final hearing thereon will be had on (insert date) SB745 Engrossed -525- LRB9101253EGfg 1the ..... day of ........., 19....,at ....... o'clock, or 2 as soon thereafter as the business of the court will permit. 3 All persons desiring may file objections in that court before 4 that day and may appear on the hearing and make their 5 defense." 6 Where the assessment is payable in installments, the 7 number of installments and the rate of interest also may be 8 stated. 9 (Source: P.A. 85-1137; revised 10-20-98.) 10 (70 ILCS 2805/74) (from Ch. 42, par. 447.38) 11 Sec. 74. Collector's notice. The collector receiving 12 such a warrant shall give notice thereof within 30 days by 13 publishing a notice at least twice in a newspaper having a 14 general circulation within the district. This notice may be 15 substantially in the following form: 16 "SPECIAL ASSESSMENT NOTICE 17 Notice is hereby given that the (here insert title of 18 court) has rendered judgment for a special assessment (or 19 special tax) upon property benefited by the following 20 improvement: (here briefly describe the character and 21 location of the improvement in general terms) as will more 22 fully appear from the certified copy of the judgment on file 23 in my office; that the warrant for the collection of this 24 assessment (or special tax) is in my possession. All persons 25 interested are hereby notified to call and pay the amount 26 assessed at the collector's office (here insert location of 27 office) within 30 days from the date hereof. 28 Dated (insert date).this .... day of .............., 19....29 ............................... 30 Collector." 31 When such an assessment or special tax is levied to be 32 paid in installments, the notice shall also contain the SB745 Engrossed -526- LRB9101253EGfg 1 aggregate amount of each installment, the rate of interest 2 deferred installments bear and the date when payable. 3 (Source: P.A. 85-1137; revised 10-20-98.) 4 Section 96. The Metro-East Sanitary District Act of 1974 5 is amended by changing Section 4-2 as follows: 6 (70 ILCS 2905/4-2) (from Ch. 42, par. 504-2) 7 Sec. 4-2. The Executive Director shall be the chief 8 executive and administrative officer of the district and 9 shall be responsible to the board for the proper 10 administration of all affairs of the district, including but 11 not limited to, the board'sboards'scompliance with 12 subsection (b) of Section 3-3, and to that end he shall: 13 (1) Appoint and, when necessary for the good of the 14 service, remove all officers and employees of the district, 15 except as otherwise provided in this Act, and except as he 16 may authorize the head of a department or office to appoint 17 subordinates in such department or office. 18 (2) Prepare the budget annually and submit it to the 19 Board and be responsible for its administration after 20 adoption. 21 (3) Prepare and submit to the board and the Department 22 of Natural Resources, as of the end of the fiscal year, a 23 complete report of the finances and administrative activities 24 of the district and all subdistricts for the year, and submit 25 any interim reports that the Department of Natural Resources 26 requests. 27 (4) Keep the board advised of the financial condition of 28 the district and all subdistricts and make recommendations 29 concerning their future needs. 30 (5) Attend all meetings of the board and, in so far as 31 possible, its committees. 32 (6) Enforce all district ordinances and see that all SB745 Engrossed -527- LRB9101253EGfg 1 contracts are faithfully performed. 2 (7) Advise, assist, and cooperate in fostering the 3 interest of institutions of learning and civic, professional, 4 and employee organizations in the improvement of personnel 5 standards and conditions in the district. 6 (8) Perform such other duties as may be prescribed by 7 this Act or required of him by the board, not inconsistent 8 with this Act. 9 (Source: P.A. 89-445, eff. 2-7-96; revised 2-24-98.) 10 Section 97. The Regional Transportation Authority Act is 11 amended by changing Sections 2.08, 2.16, 4.03.1, and 4.09 as 12 follows: 13 (70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08) 14 Sec. 2.08. Protection Against Crime. The Authority shall 15 cooperate with the various State, municipal, sheriff's and 16 transportation agency police forces in the metropolitan 17 region for the protection of employees and consumers of 18 public transportation services and public transportation 19 facilities against crime. The Authority may provide by 20 ordinance for an Authority police force to aid, coordinate 21 and supplement other police forces in protecting persons and 22 property and reducing the threats of crime with regard to 23 public transportation. Such police shall have the same 24 powers with regard to such protection of persons and property 25 as those exercised by police of municipalities and may 26 include members of other police forces in the metropolitan 27 region. The Authority shall establish minimum standards for 28 selection and training of members of such police force 29 employed by it. Training shall be accomplished at schools 30 certified by the IllinoisLocal GovernmentalLaw Enforcement 31Officers andTraining Standards Board established pursuant to 32 the"Illinois Police Training Act", approved August 18, 1965,SB745 Engrossed -528- LRB9101253EGfg 1as now or hereafter amended. Such training shall be subject 2 to the rules and standards adopted pursuant to Section 7 of 3 that Act. The Authority may participate in any training 4 program conducted under that Act. The Authority may provide 5 for the coordination or consolidation of security services 6 and police forces maintained with regard to public 7 transportation services and facilities by various 8 transportation agencies and may contract with any 9 municipality or county in the metropolitan region to provide 10 protection of persons or property with regard to public 11 transportation. Employees of the Authority or of any 12 transportation agency affected by any action of the Authority 13 under this Section shall be provided the protection set forth 14 in Section 2.16. Neither the Authority, the Suburban Bus 15 Division, the Commuter Rail Division, nor any of their 16 Directors, officers or employees shall be held liable for 17 failure to provide a security or police force or, if a 18 security or police force is provided, for failure to provide 19 adequate police protection or security, failure to prevent 20 the commission of crimes by fellow passengers or other third 21 persons or for the failure to apprehend criminals. 22 (Source: P.A. 84-939; revised 7-10-98.) 23 (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16) 24 Sec. 2.16. Employee Protection. 25 (a) The Authority shall insure that every employee of 26 the Authority or of a Service Board or transportation agency 27 shall receive fair and equitable protection against actions 28 of the Authority which shall not be less than those 29 established pursuant to Section 13(c) of the Urban Mass 30 Transportation Act of 1964, as amended (49 U.S.C. Sec. 31 1609(c)), and Section 405(b) of the Rail Passenger Service 32 Act of 1970, as amended (45 U.S.C. Sec. 565(b)), and as 33 prescribed by the United States Secretary of Labor SB745 Engrossed -529- LRB9101253EGfg 1 thereunder, at the time of the protective agreement or 2 arbitration decision providing protection. 3 (b) The Authority shall negotiate or arrange for the 4 negotiation of such fair and equitable employee arrangements 5 with the employees, through their accredited representatives 6 authorized to act for them. If agreement cannot be reached on 7 the terms of such protective arrangement, any party may 8 submit any matter in dispute to arbitration. In such 9 arbitration, each party shall have the right to select 10 non-voting arbitration board members. The impartial 11 arbitrator will be selected by the American Arbitration 12 Association and appointed from a current listing of the 13 membership of the National Academy of Arbitrators, upon 14 request of any party. The impartial arbitrator's decision 15 shall be final and binding on all parties. Each party shall 16 pay an equal proportionate share of the impartial 17 arbitrator's fees and expenses. 18 (c) For purposes of Sections 2.15 through 2.19,:19 "actions of the Authority" include its acquisition and 20 operation of public transportation facilities, the execution 21 of purchase of service agreements and grant contracts made 22 under this Act and the coordination, reorganization, 23 combining, leasing, merging of operations or the expansion or 24 curtailment of public transportation service or facilities by 25 the Authority, but does not include a failure or refusal to 26 enter into a purchase of service agreement or grant contract. 27 (Source: P.A. 83-886; revised 10-31-98.) 28 (70 ILCS 3615/4.03.1) (from Ch. 111 2/3, par. 704.03.1) 29 Sec. 4.03.1. (a) The Board may impose a tax upon all 30 persons engaged in the business of renting automobiles in the 31 metropolitan region at the rate of not to exceed 1% of the 32 gross receipts from such business within Cook County and not 33 to exceed 1/4% of the gross receipts from such business SB745 Engrossed -530- LRB9101253EGfg 1 within the Counties of DuPage, Kane, Lake, McHenry and Will. 2 The tax imposed pursuant to this paragraph and all civil 3 penalties that may be assessed as an incident thereof shall 4 be collected and enforced by the State Department of Revenue. 5 The certificate of registration which is issued by the 6 Department to a retailer under the"Retailers' Occupation Tax 7 Act", approved June 23, 1933, as amended,or under the 8"Automobile Renting Occupation and Use Tax Act", enacted by9the Eighty-Second General Assembly,shall permit such person 10 to engage in a business which is taxable under any ordinance 11 or resolution enacted pursuant to this paragraph without 12 registering separately with the Department under such 13 ordinance or resolution or under this paragraph. The 14 Department shall have full power to administer and enforce 15 this paragraph; to collect all taxes and penalties due 16 hereunder; to dispose of taxes and penalties so collected in 17 the manner hereinafter provided, and to determine all rights 18 to credit memoranda, arising on account of the erroneous 19 payment of tax or penalty hereunder. In the administration 20 of, and compliance with, this paragraph, the Department and 21 persons who are subject to this paragraph shall have the same 22 rights, remedies, privileges, immunities, powers and duties, 23 and be subject to the same conditions, restrictions, 24 limitations, penalties and definitions of terms, and employ 25 the same modes of procedure, as are prescribed in Sections 2 26 and 3 (in respect to all provisions therein other than the 27 State rate of tax; and with relation to the provisions of the 28"Retailers' Occupation Tax"referred to therein, except as to 29 the disposition of taxes and penalties collected, and except 30 for the provision allowing retailers a deduction from the tax 31 cover certain costs, and except that credit memoranda issued 32 hereunder may not be used to discharge any State tax 33 liability) of the"Automobile Renting Occupation and Use Tax 34 Act", enacted by the Eighty-Second General Assembly, as theSB745 Engrossed -531- LRB9101253EGfg 1same are now or may hereafter be amended,as fully as if 2 provisions contained in those Sections of said Act were set 3 forth herein. Persons subject to any tax imposed pursuant to 4 the authority granted in this paragraph may reimburse 5 themselves for their tax liability hereunder by separately 6 stating such tax as an additional charge, which charge may be 7 stated in combination, in a single amount, with State tax 8 which sellers are required to collect under the"Automobile 9 Renting Occupation and Use Tax Act"pursuant to such bracket 10 schedules as the Department may prescribe. Nothing in this 11 paragraph shall be construed to authorize the Authority to 12 impose a tax upon the privilege of engaging in any business 13 which under the Constitution of the United StatesStatemay 14 not be made the subject of taxation by this State. 15 (b) The Board may impose a tax upon the privilege of 16 using, in the metropolitan region an automobile which is 17 rented from a renter outside Illinois, and which is titled or 18 registered with an agency of this State's government, at a 19 rate not to exceed 1% of the rental price of such automobile 20 within the County of Cook, and not to exceed 1/4% of the 21 rental price within the counties of DuPage, Kane, Lake, 22 McHenry and Will. Such tax shall be collected from persons 23 whose Illinois address for titling or registration purposes 24 is given as being in the metropolitan region. Such tax shall 25 be collected by the Department of Revenue for the Regional 26 Transportation Authority. Such tax must be paid to the State, 27 or an exemption determination must be obtained from the 28 Department of Revenue, before the title or certificate of 29 registration for the property may be issued. The tax or proof 30 of exemption may be transmitted to the Department by way of 31 the State agency with which, or State officer with whom, the 32 tangible personal property must be titled or registered if 33 the Department and such agency or State officer determine 34 that this procedure will expedite the processing of SB745 Engrossed -532- LRB9101253EGfg 1 applications for title or registration. The Department shall 2 have full power to administer and enforce this paragraph; to 3 collect all taxes, penalties and interest due hereunder; to 4 dispose of taxes, penalties and interest so collected in the 5 manner hereinafter provided, and to determine all rights to 6 credit memoranda or refunds arising on account of the 7 erroneous payment of tax, penalty or interest hereunder. In 8 the administration of, and compliance with, this paragraph, 9 the Department and persons who are subject to this paragraph 10 shall have the same rights, remedies, privileges, immunities, 11 powers and duties, and be subject to the same conditions, 12 restrictions, limitations, penalties and definitions of 13 terms, and employ the same modes of procedure, as are 14 prescribed in Sections 2 and 4 (except provisions pertaining 15 to the State rate of tax; and with relation to the provisions 16 of the"Use Tax Act"referred to therein, except provisions 17 concerning collection or refunding of the tax by retailers, 18 and except the provisions of Section 19 pertaining to claims 19 by retailers and except the last paragraph concerning 20 refunds, and except that credit memoranda issued hereunder 21 may not be used to discharge any State tax liability) of the 22"Automobile Renting Occupation and Use Tax Act", enacted by23the Eighty-Second General Assembly, as the same are now or24may hereafter be amended,which are not inconsistent with 25 this paragraph, as fully as if provisions contained in those 26 Sections of said Act were set forth herein. 27 (c) Whenever the Department determines that a refund 28 should be made under this Section to a claimant instead of 29 issuing a credit memorandum, the Department shall notify the 30 State Comptroller, who shall cause the order to be drawn for 31 the amount specified, and to the person named, in such 32 notification from the Department. Such refund shall be paid 33 by the State Treasurer out of the Regional Transportation 34 Authority tax fund created pursuant to Section 4.03 of this SB745 Engrossed -533- LRB9101253EGfg 1 Act. 2 (d) The Department shall forthwith pay over to the State 3 Treasurer, ex-officio, as trustee, all taxes, penalties and 4 interest collected under this Section. On or before the 25th 5 day of each calendar month, the Department shall prepare and 6 certify to the State Comptroller the amount to be paid to the 7 Authority. The State Department of Revenue shall also certify 8 to the Authority the amount of taxes collected in each County 9 other than Cook County in the metropolitan region less the 10 amount necessary for the payment of refunds to taxpayers in 11 such County. With regard to the County of Cook, the 12 certification shall specify the amount of taxes collected 13 within the City of Chicago less the amount necessary for the 14 payment of refunds to taxpayers in the City of Chicago and 15 the amount collected in that portion of Cook County outside 16 of Chicago less the amount necessary for the payment of 17 refunds to taxpayers in that portion of Cook County outside 18 of Chicago. The amount to be paid to the Authority shall be 19 the amount (not including credit memoranda) collected 20 hereunder during the second preceding calendar month by the 21 Department, and not including an amount equal to the amount 22 of refunds made during the second preceding calendar month 23 by the Department on behalf of the Authority. Within 10 days 24 after receipt, by the State Comptroller, of the disbursement 25 certification to the Authority, the State Comptroller shall 26 cause the orders to be drawn in accordance with the 27 directions contained in such certification. 28 (e) An ordinance imposing a tax hereunder or effecting a 29 change in the rate thereof shall be effective on the first 30 day of the calendar month next following the month in which 31 such ordinance is passed. The Board shall transmit to the 32 Department of Revenue on or not later than 5 days after 33 passage of the ordinance a certified copy of the ordinance 34 imposing such tax whereupon the Department of Revenue shall SB745 Engrossed -534- LRB9101253EGfg 1 proceed to administer and enforce this Section on behalf of 2 the Authority as of the effective date of the ordinance. Upon 3 a change in rate of a tax levied hereunder, or upon the 4 discontinuance of the tax, the Board shall, on or not later 5 than 5 days after passage of the ordinance discontinuing the 6 tax or effecting a change in rate, transmit to the Department 7 of Revenue a certified copy of the ordinance effecting such 8 change or discontinuance. 9 (Source: P.A. 83-886; revised 10-31-98.) 10 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) 11 Sec. 4.09. Public Transportation Fund and the Regional 12 Transportation Authority Occupation and Use Tax Replacement 13 Fund. 14 (a) As soon as possible after the first day of each 15 month, beginning November 1, 1983, the Comptroller shall 16 order transferred and the Treasurer shall transfer from the 17 General Revenue Fund to a special fund in the State Treasury, 18 to be known as the "Public Transportation Fund" $9,375,000 19 for each month remaining in State fiscal year 1984. As soon 20 as possible after the first day of each month, beginning July 21 1, 1984, upon certification of the Department of Revenue, the 22 Comptroller shall order transferred and the Treasurer shall 23 transfer from the General Revenue Fund to the Public 24 Transportation Fund an amount equal to 25% of the net 25 revenue, before the deduction of the serviceman and retailer 26 discounts pursuant to Section 9 of the Service Occupation Tax 27 Act and Section 3 of the Retailers' Occupation Tax Act, 28 realized from any tax imposed by the Authority pursuant to 29 Sections 4.03 and 4.03.1 and 25% of the amounts deposited 30 into the Regional Transportation Authority tax fund created 31 by Section 4.03 of this Act, from the County and Mass Transit 32 District Fund as provided in Section 6z-20 of the State 33 Finance Act and 25% of the amounts deposited into the SB745 Engrossed -535- LRB9101253EGfg 1 Regional Transportation Authority Occupation and Use Tax 2 Replacement Fund from the State and Local Sales Tax Reform 3 Fund as provided in Section 6z-17 of the State Finance Act. 4 Net revenue realized for a month shall be the revenue 5 collected by the State pursuant to Sections 4.03 and 4.03.1 6 during the previous month from within the metropolitan 7 region, less the amount paid out during that same month as 8 refunds to taxpayers for overpayment of liability in the 9 metropolitan region under Sections 4.03 and 4.03.1. 10 (b) (1) All moneys deposited in the Public 11 Transportation Fund and the Regional Transportation 12 Authority Occupation and Use Tax Replacement Fund, 13 whether deposited pursuant to this Section or otherwise, 14 are allocated to the Authority. Pursuant to 15 appropriation, the Comptroller, as soon as possible after 16 each monthly transfer provided in this Section and after 17 each deposit into the Public Transportation Fund, shall 18 order the Treasurer to pay to the Authority out of the 19 Public Transportation Fund the amount so transferred or 20 deposited. Such amounts paid to the Authority may be 21 expended by it for its purposes as provided in this Act. 22 Subject to appropriation to the Department of 23 Revenue, the Comptroller, as soon as possible after each 24 deposit into the Regional Transportation Authority 25 Occupation and Use Tax Replacement Fund provided in this 26 Section and Section 6z-17 of the State Finance Act, shall 27 order the Treasurer to pay to the Authority out of the 28 Regional Transportation Authority Occupation and Use Tax 29 Replacement Fund the amount so deposited. Such amounts 30 paid to the Authority may be expended by it for its 31 purposes as provided in this Act. 32 (2) Provided, however, no moneys deposited under 33 subsection (a) of this Section4.09shall be paid from 34 the Public Transportation Fund to the Authority for any SB745 Engrossed -536- LRB9101253EGfg 1 fiscal year beginning after the effective date of this 2 amendatory Act of 1983 until the Authority has certified 3 to the Governor, the Comptroller, and the Mayor of the 4 City of Chicago that it has adopted for that fiscal year 5 a budget and financial plan meeting the requirements in 6 Section 4.01(b). 7 (c) In recognition of the efforts of the Authority to 8 enhance the mass transportation facilities under its control, 9 the State shall provide financial assistance ("Additional 10 State Assistance") in excess of the amounts transferred to 11 the Authority from the General Revenue Fund under subsection 12 (a) of this Section. Additional State Assistance provided in 13 any State fiscal year shall not exceed the actual debt 14 service payable by the Authority during that State fiscal 15 year on bonds or notes issued to finance Strategic Capital 16 Improvement Projects under Section 4.04 of this Act. 17 Additional State Assistance shall in no event exceed the 18 following specified amounts with respect to the following 19 State fiscal years: 20 1990 $5,000,000; 21 1991 $5,000,000; 22 1992 $10,000,000; 23 1993 $10,000,000; 24 1994 $20,000,000; 25 1995 $30,000,000; 26 1996 $40,000,000; 27 1997 $50,000,000; 28 1998 $55,000,000; and 29 each year thereafter $55,000,000. 30 (d) Beginning with State fiscal year 1990 and continuing 31 for each State fiscal year thereafter, the Authority shall 32 annually certify to the State Comptroller and State Treasurer 33 (1) the amount necessary and required, during the State 34 fiscal year with respect to which the certification is made, SB745 Engrossed -537- LRB9101253EGfg 1 to pay its obligations for debt service on all outstanding 2 bonds or notes for Strategic Capital Improvement Projects 3 issued by the Authority under Section 4.04 of this Act and 4 (2) an estimate of the amount necessary and required to pay 5 its obligations for debt service for any bonds or notes for 6 Strategic Capital Improvement Projects which the Authority 7 anticipates it will issue during that State fiscal year. The 8 certification shall include a specific schedule of debt 9 service payments, including the date and amount of each 10 payment for all outstanding bonds or notes and an estimated 11 schedule of anticipated debt service for all bonds and notes 12 it intends to issue, if any, during that State fiscal year, 13 including the estimated date and estimated amount of each 14 payment. Immediately, upon the issuance of bonds for which 15 an estimated schedule of debt service payments was prepared, 16 the Authority shall file an amended certification to specify 17 the actual schedule of debt service payments, including the 18 date and amount of each payment, for the remainder of the 19 State fiscal year. On the first day of each month of the 20 State fiscal year in which there are bonds outstanding with 21 respect to which the certification is made, the State 22 Comptroller shall order transferred and the State Treasurer 23 shall transfer from the General Revenue Fund to the Public 24 Transportation Fund the Additional State Assistance in an 25 amount equal to the aggregate of (1) one-twelfth of the 26 amount required to pay debt service on bonds and notes issued 27 before the beginning of the State fiscal year and (2) the 28 amount required to pay debt service on bonds and notes issued 29 during the fiscal year, if any, divided by the number of 30 months remaining in the fiscal year after the date of 31 issuance, or some smaller portion as may be necessary, listed 32 in subsection (c) for the relevant State fiscal year, plus 33 any cumulative deficiencies in transfers for prior months, 34 until an amount equal to the certified debt service for that SB745 Engrossed -538- LRB9101253EGfg 1 State fiscal year on outstanding bonds or notes for Strategic 2 Capital Improvement Projects issued by the Authority under 3 Section 4.04 of this Act has been transferred. In no event 4 shall total transfers in any State fiscal year exceed the 5 lesser of the annual amounts specified in subsection (c) or 6 the total certified debt service on outstanding bonds or 7 notes for Strategic Capital Improvement Projects issued by 8 the Authority under Section 4.04 of this Act. 9 (e) Additional State Assistance may not be pledged, 10 either directly or indirectly as general revenues of the 11 Authority, as security for any bonds issued by the Authority. 12 The Authority may not assign its right to receive Additional 13 State Assistance or direct payment of Additional State 14 Assistance to a trustee or any other entity for the payment 15 of debt service on its bonds. 16 (f) The certification required under subsection (d) with 17 respect to outstanding bonds and notes of the Authority shall 18 be filed as early as practicable before the beginning of the 19 State fiscal year to which it relates. The certification 20 shall be revised as may be necessary to accurately state the 21 debt service requirements of the Authority. 22 (g) Within 6 months of the end of the 3 month period 23 ending December 31, 1983, and each fiscal year thereafter, 24 the Authority shall determine whether the aggregate of all 25 system generated revenues for public transportation in the 26 metropolitan region which is provided by, or under grant or 27 purchase of service contracts with, the Service Boards equals 28 50% of the aggregate of all costs of providing such public 29 transportation. "System generated revenues" include all the 30 proceeds of fares and charges for services provided, 31 contributions received in connection with public 32 transportation from units of local government other than the 33 Authority and from the State pursuant to subsection (9) of 34 Section 49.19 of the Civil Administrative Code of Illinois, SB745 Engrossed -539- LRB9101253EGfg 1 and all other revenues properly included consistent with 2 generally accepted accounting principles but may not include 3 the proceeds from any borrowing. "Costs" include all items 4 properly included as operating costs consistent with 5 generally accepted accounting principles, including 6 administrative costs, but do not include: depreciation; 7 payment of principal and interest on bonds, notes or other 8 evidences of obligations for borrowed money of the Authority; 9 payments with respect to public transportation facilities 10 made pursuant to subsection (b) of Section 2.202-20; any 11 payments with respect to rate protection contracts, credit 12 enhancements or liquidity agreements made under Section 4.14; 13 any other cost as to which it is reasonably expected that a 14 cash expenditure will not be made; costs up to $5,000,000 15 annually for passenger security including grants, contracts, 16 personnel, equipment and administrative expenses, except in 17 the case of the Chicago Transit Authority, in which case the 18 term does not include costs spent annually by that entity for 19 protection against crime as required by Section 27a of the 20 Metropolitan Transit Authority Act; or costs as exempted by 21 the Board for projects pursuant to Section 2.09 of this Act. 22 If said system generated revenues are less than 50% of said 23 costs, the Board shall remit an amount equal to the amount of 24 the deficit to the State. The Treasurer shall deposit any 25 such payment in the General Revenue Fund. 26 (h) If the Authority makes any payment to the State 27 under paragraph (g), the Authority shall reduce the amount 28 provided to a Service Board from funds transferred under 29 paragraph (a) in proportion to the amount by which that 30 Service Board failed to meet its required system generated 31 revenues recovery ratio. A Service Board which is affected by 32 a reduction in funds under this paragraph shall submit to the 33 Authority concurrently with its next due quarterly report a 34 revised budget incorporating the reduction in funds. The SB745 Engrossed -540- LRB9101253EGfg 1 revised budget must meet the criteria specified in clauses 2 (i) through (vi) of Section 4.11(b)(2). The Board shall 3 review and act on the revised budget as provided in Section 4 4.11(b)(3). 5 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481; 6 87-764; revised 10-31-98.) 7 Section 98. The Illinois Local Library Act is amended by 8 changing Sections 3-1, 3-4, and 4-7 and the caption to 9 Article 4 as follows: 10 (75 ILCS 5/3-1) (from Ch. 81, par. 3-1) 11 Sec. 3-1. In any city of 500,000 or fewer inhabitants, 12 the corporate authorities shall levy a tax for library 13 purposes of not to exceed .15% of the value of all the 14 taxable property in the city, as equalized or assessed by the 15 Department of Revenue. If the annual public library tax rate 16 of an established library was increased above .12% up to .20% 17 prior to 1972 as provided in this Act, the corporate 18 authorities shall then levy up to an additional .03% above 19 the increased rate approved at the election. If, however, the 20 corporate authorities desire to increase the tax rate but not 21 in excess of .60% of value for such purposes, the corporate 22 authorities may, by ordinance, stating the tax rate desired, 23 direct that a proposition be submitted to the voters of the 24 city at any regular election. The proposition shall be in 25 substantially the form prescribed in Section 3-3. If a 26 majority of the votes cast upon the proposition are in favor 27 thereof, the corporate authorities may thereafter levy 28 annually a tax for library purposes at the authorized 29 increased rate. Any tax levied pursuant to Section 3-9 shall 30 be disregarded in applying the provisions of this Section. 31 The corporate authorities may also levy an additional tax 32 of .02% of the value of all the taxable property in the city, SB745 Engrossed -541- LRB9101253EGfg 1 as equalized or assessed by the Department of Revenue, for 2 the purchase of sites and buildings, for the construction and 3 equipment of buildings, for the rental of buildings required 4 for library purposes, and for maintenance, repairs and 5 alterations of library buildings and equipment. In any year 6 in which the corporate authorities propose to levy such 7 additional .02% tax, the corporate authorities shall adopt a 8 resolution determining to levy such tax. Within 15 days 9 after the adoption of the resolution, it shall be published 10 at least once in one or more newspapers published in the 11 city, or if no newspaper is published therein, then in one or 12 more newspapers with a general circulation within the city. 13 In a city in which no newspaper is published, publication may 14 instead be made by posting a notice in three prominent places 15 within the city. The publication or posting of the resolution 16 shall include a notice of (1) the specific number of voters 17 required to sign a petition requesting that the question of 18 the adoption of the resolution be submitted to the electors 19 of the city; (2) the time in which the petition must be 20 filed; and (3) the date of the prospective referendum. The 21 city clerk shall provide a petition form to any individual 22 requesting one. If no petition is filed with the corporate 23 authorities within 30 days after publication or posting of 24 the resolution, or if all petitions so filed are determined 25 to be invalid or insufficient the city shall then be 26 authorized to levy the tax. However, if within the 30 day 27 period, a petition is filed with the corporate authorities, 28 signed by electors of the city equal in number to 10% or more 29 of the total number of registered voters in the city, asking 30 that the question of levying such a .02% tax be submitted to 31 the electors of the city, the question shall be submitted at 32 an election. Notice of this referendum shall be given as 33 provided by the general election laws of the state, and the 34 referendum shall be held in all respects in accordance with SB745 Engrossed -542- LRB9101253EGfg 1 those laws. The proposition shall be in substantially the 2 following form: "Shall the corporate authorities of (name of 3 city) be authorized to levy an additional tax of ....% for 4 the construction of buildings, provision of sites, etc., as 5 determined by resolution dated (insert date)of ............,619..?". If a majority of votes cast upon the proposition 7 are in favor thereof, the corporate authorities may levy the 8 additional tax. 9 (Source: P.A. 87-767; revised 10-19-98.) 10 (75 ILCS 5/3-4) (from Ch. 81, par. 3-4) 11 Sec. 3-4. When the electors of an incorporated town, 12 village or township have voted to establish and maintain a 13 public library as provided in Section 2-2, the corporate 14 authorities of such incorporated town, village or township 15 shall levy an annual tax for the establishment and 16 maintenance of such library, not exceeding .15% of the value 17 as equalized or assessed by the Department of Revenue. If the 18 petition and ballots so specify in the original establishment 19 as set forth in Section 2-2 of this Act, the corporate 20 authorities may levy a tax in excess of .15%, not to exceed 21 the rate specified in such establishment petition and ballot, 22 but in any event not to exceed .60% of the value as equalized 23 and assessed by the Department of Revenue. If the annual 24 public library tax rate of an established library was 25 increased above .12% up to .20% prior to 1972 as provided in 26 this Act, the corporate authorities shall then levy up to an 27 additional .03% above the increased rate approved at the 28 referendum. Such tax rate may be increased to not to exceed 29 .60% of the value, as equalized or assessed by the Department 30 of Revenue, or the excess tax shall no longer be levied, if 31 the electors of such incorporated town, village or township 32 shall so determine by referendum at any regular election. 33 Such referendum shall be petitioned for in the manner as the SB745 Engrossed -543- LRB9101253EGfg 1 referendum for the establishment and maintenance of the 2 library. Any tax levied pursuant to Section 3-9 shall be 3 disregarded in applying the provisions of this Section. 4 The corporate authorities may also levy an additional tax 5 of .02% of the value of all the taxable property in the 6 incorporated town, village or township, as equalized or 7 assessed by the Department of Revenue, for the purchase of 8 sites and buildings, for the construction and equipment of 9 buildings, for the rental of buildings required for library 10 purposes, and for maintenance, repairs and alterations of 11 library buildings and equipment. In any year in which the 12 corporate authorities propose to levy such additional .02% 13 tax, the corporate authorities shall adopt a resolution 14 determining to levy such tax. Within 15 days after the 15 adoption of the resolution, it shall be published at least 16 once in one or more newspapers published in the incorporated 17 town, village or township, or if no newspaper is published 18 therein, then in one or more newspapers with a general 19 circulation therein. In an incorporated town, village or 20 township in which no newspaper is published, publication may 21 instead be made by posting a notice in three prominent 22 places. The publication or posting of the resolution shall 23 include a notice of (1) the specific number of voters 24 required to sign a petition requesting that the question of 25 the adoption of the resolution be submitted to the electors 26 of the incorporated town, village or township; (2) the time 27 in which the petition must be filed; and (3) the date of the 28 prospective referendum. The clerk of the incorporated town, 29 village or township, shall provide a petition form to any 30 individual requesting one. If no petition is filed with the 31 corporate authorities within 30 days after publication or 32 posting of the resolution, the incorporated town, village or 33 township shall then be authorized to levy the tax. However, 34 if within the 30 day period, a petition is filed with the SB745 Engrossed -544- LRB9101253EGfg 1 corporate authorities, signed by electors of the incorporated 2 town, village or township equal in number to 10% or more of 3 the total number of registered voters in the incorporated 4 town, village or township, asking that the question of 5 levying such a .02% tax be submitted to the electors thereof, 6 the question shall be submitted at a special or general 7 election. Notice of this election shall be given as provided 8 by the general election laws of this state in force at the 9 time of the election, and the election shall be held in all 10 respects in accordance with those laws. The ballot on which 11 the proposition is submitted shall be in substantially the 12 following form: "Shall the corporate authorities of (name of 13 incorporated town, village or township) be authorized to levy 14 an additional tax of ...% for the construction of buildings, 15 provision of sites, etc., as determined by resolution dated 16 (insert date)of ....., 19?". If a majority of votes cast 17 upon the proposition are in favor thereof, the corporate 18 authorities may levy the additional tax. 19 (Source: P.A. 87-767; revised 10-19-98.) 20 (75 ILCS 5/Art. 4 heading) 21 ARTICLE 4. TRUSTEESDIRECTORS22 (75 ILCS 5/4-7) (from Ch. 81, par. 4-7) 23 Sec. 4-7. Each board of library trustees of a city, 24 incorporated town, village or township shall carry out the 25 spirit and intent of this Act in establishing, supporting and 26 maintaining a public library or libraries for providing 27 library service and, in addition to but without limiting 28 other powers conferred by this Act, shall have the following 29 powers: 30 1. To make and adopt such bylaws, rules and 31 regulations, for their own guidance and for the 32 government of the library as may be expedient, not SB745 Engrossed -545- LRB9101253EGfg 1 inconsistent with this Act; 2 2. To have the exclusive control of the expenditure 3 of all moneys collected for the library and deposited to 4 the credit of the library fund; 5 3. To have the exclusive control of the 6 construction of any library building and of the 7 supervision, care and custody of the grounds, rooms or 8 buildings constructed, leased or set apart for that 9 purpose; 10 4. To purchase or lease real or personal property, 11 and to construct an appropriate building or buildings for 12 the use of a library established hereunder, using, at the 13 board's option, contracts providing for all or part of 14 the consideration to be paid through installments at 15 stated intervals during a certain period not to exceed 20 16 years with interest on the unpaid balance at any lawful 17 rate for municipal corporations in this State, except 18 that contracts for installment purchases of real estate 19 shall provide for not more than 75% of the total 20 consideration to be repaid by installments, and to refund 21 at any time any installment contract entered into 22 pursuant to this paragraph by means of a refunding loan 23 agreement, which may provide for installment payments of 24 principal and interest to be made at stated intervals 25 during a certain period not to exceed 20 years from the 26 date of such refunding loan agreement, with interest on 27 the unpaid principal balance at any lawful rate for 28 municipal corporations in this State, except that no 29 installment contract or refunding loan agreement for the 30 same property or construction project may exceed an 31 aggregate of 20 years; 32 5. To remodel or reconstruct a building erected or 33 purchased by the board, when such building is not adapted 34 to its purposes or needs; SB745 Engrossed -546- LRB9101253EGfg 1 6. To sell or otherwise dispose of any real or 2 personal property that it deems no longer necessary or 3 useful for library purposes, and to lease to others any 4 real property not immediately useful but for which plans 5 for ultimate use have been or will be adopted but the 6 corporate authorities shall have the first right to 7 purchase or lease except that in the case of the City of 8 Chicago, this power shall be governed and limited by the 9 Chicago Public Library Act"An Act to authorize the10Chicago public library to erect and maintain a public11library on Dearborn Park in the city of Chicago, and to12authorize the Soldiers' Home in Chicago to sell and13dispose of its interest in the north one-quarter of the14said park", approved June 2, 1891, as amended; 15 7. To appoint and to fix the compensation of a 16 qualified librarian, who shall have the authority to hire 17 such other employees as may be necessary, to fix their 18 compensation, and to remove such appointees, subject to 19 the approval of the board, but these powers are subject 20 to Division 1 of Article 10 of the Illinois Municipal 21 Code in municipalities in which that Division is in 22 force. The board may also retain counsel and 23 professional consultants as needed; 24 8. To contract with any public or private 25 corporation or entity for the purpose of providing or 26 receiving library service or of performing any and all 27 other acts necessary and proper to carry out the 28 responsibilities, the spirit, and the provisions of this 29 Act. This contractual power includes, but is not limited 30 to, participating in interstate library compacts and 31 library systems, contracting to supply library services, 32 and expending of any federal or State funds made 33 available to any county, municipality, township or to the 34 State of Illinois for library purposes. However, if a SB745 Engrossed -547- LRB9101253EGfg 1 contract is for the supply of library services for 2 residents without a public library established under the 3 provisions of this Act, the terms of that contract will 4 recognize the principle of equity or cost of services to 5 non-residents expressed in this Section of this Act, and 6 will provide for the assumption by the contracting party 7 receiving the services of financial responsibility for 8 the loss of or damage to any library materials provided 9 to non-residents under the contract; 10 9. To join with the board or boards of any one or 11 more libraries in this State in maintaining libraries, or 12 for the maintenance of a common library or common library 13 services for participants, upon such terms as may be 14 agreed upon by and between the boards; 15 10. To enter into contracts and to take title to 16 any property acquired by it for library purposes by the 17 name and style of "The Board of Library Trustees of the 18 (city, village, incorporated town or township) of ...." 19 and by that name to sue and be sued; 20 11. To exclude from the use of the library any 21 person who wilfully violates the rules prescribed by the 22 board; 23 12. To extend the privileges and use of the 24 library, including the borrowing of materials on an 25 individual basis by persons residing outside of the city, 26 incorporated town, village or township. If the board 27 exercises this power, the privilege of library use shall 28 be upon such terms and conditions as the board shall from 29 time to time by its regulations prescribe, and for such 30 privileges and use, the board shall charge a nonresident 31 fee at least equal to the cost paid by residents of the 32 city, incorporated town, village or township, with the 33 cost to be determined according to the formula 34 established by the Illinois State Library. The SB745 Engrossed -548- LRB9101253EGfg 1 nonresident cards shall allow for borrowing privileges 2 only at the library where the card was issued. The 3 nonresident fee shall not apply to privilege and use 4 provided under the terms of the library's membership in a 5 library system operating under the provisions of the 6 Illinois Library System Act, under the terms of any 7 reciprocal agreement with a public or private corporation 8 or entity providing a library service, or to a 9 nonresident who as an individual or as a partner, 10 principal stockholder, or other joint owner owns taxable 11 property or is a senior administrative officer of a 12 firm, business, or other corporation owning taxable 13 property within the city, incorporated town, village or 14 township upon the presentation of the most recent tax 15 bill upon that taxable property, provided that the 16 privilege and use of the library is extended to only one 17 such nonresident for each parcel of such taxable 18 property; 19 13. To exercise the power of eminent domain subject 20 to the prior approval of the corporate authorities under 21 Sections 5-1 and 5-2 of this Act; 22 14. To join the public library as a member and to 23 join the library trustees as members in the Illinois 24 Library Association and the American Library Association, 25 non-profit, non-political, 501(c)(3)(501-C-3)26 associations, as designated by the federal Internal 27 Revenue Service, having the purpose of library 28 development and librarianship; to provide for the payment 29 of annual membership dues, fees and assessments and act 30 by, through and in the name of such instrumentality by 31 providing and disseminating information and research 32 services, employing personnel and doing any and all other 33 acts for the purpose of improving library development; 34 15. To invest funds pursuant to the Public Funds SB745 Engrossed -549- LRB9101253EGfg 1 Investment Act"An Act relating to certain investments of2public funds by public agencies", approved July 23, 1943,3as amended; 4 16. To accumulate and set apart as reserve funds 5 portions of the unexpended balances of the proceeds 6 received annually from taxes or other sources, for the 7 purpose of providing self-insurance against liabilities 8 relating to the public library. 9 (Source: P.A. 88-253; revised 10-31-98.) 10 Section 99. The Illinois Library System Act is amended 11 by changing Sections 5, 7, and 8.1 as follows: 12 (75 ILCS 10/5) (from Ch. 81, par. 115) 13 Sec. 5. Each cooperative public library system or 14 multitype library system created by conversion of a 15 cooperative public library system as provided in Section 4216 of this Act shall be governed by a board of directors 17 numbering at least 5 and no more than 15 persons. In 18 cooperative public library systems the members shall be 19 elected or selected from the governing boards of the 20 participating public libraries. In multitype library systems 21 the board shall be representative of the variety of library 22 interests in the system, and at least a majority shall be 23 elected or selected from the governing boards of the member 24 public libraries, with not more than one director 25 representing a single member library. The number of 26 directors, the manner of election or selection, the term of 27 office and the provision for filling vacancies shall be 28 determined by the system governing board except that all 29 board members must be eligible electors in the geographical 30 area of the system. No director of any library system, 31 however, shall be permitted to serve for more than a total of 32 6 years unless 2 years have elapsed since his sixth year of SB745 Engrossed -550- LRB9101253EGfg 1 service. 2 The board of directors shall elect a president, secretary 3 and treasurer. Before entering upon his duties, the treasurer 4 shall be required to give a bond in an amount to be approved 5 by the board, but in no case shall such amount be less than 6 50% of the system's area and per capita grant for the 7 previous year, conditioned that he will safely keep and pay 8 over upon the order of such board all funds received and held 9 by him for the library system. The funds of the library 10 system shall be deposited in a bank or savings and loan 11 association designated by the board of directors and shall be 12 expended only under the direction of such board upon properly 13 authenticated vouchers. 14 No bank or savings and loan association shall receive 15 public funds as permitted by this Section, unless it has 16 complied with the requirements established pursuant to 17 Section 6 of the Public Funds Investment Act"An Act relating18to certain investments of public funds by public agencies",19approved July 23, 1943, as now or hereafter amended. 20 The members of the board of directors of the library 21 system shall serve without compensation but their actual and 22 necessary expenses shall be a proper charge against the 23 library fund. 24 (Source: P.A. 83-1362; revised 10-31-98.) 25 (75 ILCS 10/7) (from Ch. 81, par. 117) 26 Sec. 7. Each board of library directors of a system 27 shall carry out the spirit and intent of this Act and, in 28 addition to the other powers conferred by this Act, shall 29 have the following powers: 30 1. To develop and to amend the bylaws and the plan of 31 service for the system subject to the approval of the State 32 Librarian. 33 2. To have the exclusive control of the expenditure of SB745 Engrossed -551- LRB9101253EGfg 1 all moneys and funds held in the name of the library system. 2 3. To make and adopt such policies, rules and 3 regulations for the government and operation of the library 4 system as necessary. 5 4. To purchase or lease ground and to construct, 6 purchase or lease, and occupy an appropriate building or 7 buildings for the use of the library system including but not 8 limited to the power to purchase or lease either real or 9 personal property for system purposes through contracts which 10 provide for the consideration for such purchase or lease to 11 be paid through installments at stated intervals during a 12 certain period not to exceed 20 years together with interest 13 at a rate not to exceed the interest rate specified in 14 Section 2 of the Bond Authorization Act"An Act to authorize15public corporations to issue bonds, other evidences of16indebtedness and tax anticipation warrants subject to17interest rate limitations set forth therein", approved May1826, 1970, as amended,on the unpaid balance owing and to 19 purchase real estate for system purposes upon a mortgage 20 basis for up to 75% of the total consideration therefor, the 21 remaining balance to be paid through installments at stated 22 intervals for a period not to exceed 20 years together with 23 interest at a rate not to exceed the interest rate specified 24 in Section 2 of the Bond Authorization Act"An Act to25authorize public corporations to issue bonds, other evidences26of indebtedness and tax anticipation warrants subject to27interest rate limitations set forth therein", approved May2826, 1970, as amended,on the unpaid balance owing, except 29 that in the case of a library system consisting of a single 30 public library or multitype library system serving a city of 31 over 500,000 population, this power shall be governed by the 32 provisions of Division 10 of Article 8 of the Illinois 33 Municipal Code, as heretofore or hereafter amended. 34 5. To appoint and to fix the compensation of a competent SB745 Engrossed -552- LRB9101253EGfg 1 librarian, who shall have the authority to hire such other 2 employees as may be necessary, to fix their compensation, and 3 to remove such appointees, subject to the approval of the 4 board. The board may also retain counsel and professional 5 consultants, as needed. 6 6. To contract with any public or private corporation or 7 entity for the purpose of providing or receiving library 8 service or of performing any and all other acts necessary and 9 proper to carry out the responsibilities and the provisions 10 of this Act. This power includes, but is not limited to 11 participation in interstate library compacts and library 12 systems, and the expenditure of any federal or State funds 13 made available to any county, municipality, township or to 14 the State of Illinois for library purposes. 15 7. To accrue and accumulate funds in special reserve 16 funds pursuant to the provisions of a plan to acquire realty, 17 improved or unimproved, for library system purposes. 18 8. To be a body politic and corporate, to contract and 19 to hold title to property by the name of the "Board of 20 Directors of the .... Library System, ...., Illinois", and 21 in that name to sue and be sued and to take any action 22 authorized by law. 23 9. To undertake programs for the purpose of encouraging 24 the addition to the district of adjacent areas without local 25 tax-supported library service, and to expend funds for this 26 purpose. 27 10. To join the library system as a member in the 28 Illinois Library Association and the American Library 29 Association, non-profit, non-political, 501(c)(3)(501-C-3)30 associations, as designated by the federal Internal Revenue 31 Service, having the purpose of library development and 32 librarianship; to provide for the payment of annual 33 membership dues, fees and assessments and act by, through and 34 in the name of such instrumentality by providing and SB745 Engrossed -553- LRB9101253EGfg 1 disseminating information and research services, employing 2 personnel and doing any and all other acts for the purpose of 3 improving library development. 4 11. To take and to have title to any personal or real 5 property acquired by it for library system purposes. 6 12. To borrow funds for the purpose of expanding or 7 improving the system's facilities through the mortgaging of 8 system owned property or of borrowing against other system 9 owned assets. The mortgaging of system owned property or the 10 borrowing against other system owned assets shall not exceed 11 75% of the value thereof. 12 (Source: P.A. 85-706; revised 10-31-98.) 13 (75 ILCS 10/8.1) (from Ch. 81, par. 118.1) 14 Sec. 8.1. The State Librarian shall make grants annually 15 under this Section to all qualified public libraries in the 16 State from funds appropriated by the General Assembly. Such 17 grants shall be in the amount of up to $1.25 per capita for 18 the population of the area served by the respective public 19 library and, in addition, the amount of up to $0.19 per 20 capita to libraries serving populations over 500,000 under 21 the Illinois Major Urban Library Program. If the moneys 22 appropriated for grants under this Section are not 23 sufficient the State Librarian shall reduce the per capita 24 amount of the grants so that the qualifying public libraries 25 receive the same amount per capita. 26 To be eligible for grants under this Section, a public 27 library must: 28 (1) Provide, as determined by the State Librarian, 29 library services which either meet or show progress 30 toward meeting the Illinois library standards, as most 31 recently adopted by the Illinois Library Association. 32 (2) Be a public library for which is levied a tax 33 for library purposes at a rate not less than .13% or a SB745 Engrossed -554- LRB9101253EGfg 1 county library for which is levied a tax for library 2 purposes at a rate not less than .07%. If a library is 3 subject to the Property Tax Extension Limitation Law in 4 the Property Tax Code and its tax levy for library 5 purposes has been lowered to a rate of less than .13%, 6 this requirement will be waived if the library qualified 7 for this grant in the previous year and if the tax levied 8 for library purposes in the current year produces tax 9 revenue for library purposes that is an increase over the 10 previous year's extension of 5% or the percentage 11 increase in the Consumer Price Index, whichever is less. 12 Any other language in this Section to the contrary 13 notwithstanding, grants under this Section 8.1 shall be made 14 only upon application of the public library concerned, which 15 applications shall be entirely voluntary and within the sole 16 discretion of the public library concerned. 17 Notwithstanding the first paragraph of this Section, 18 during fiscal year 1978, the amount of grants under this 19 Section shall be $0.25.25per capita, during fiscal year 20 1979 the amount of grants under this Section shall be $0.50 21 per capita, during fiscal year 1980 the amount of grants 22 under this Section shall be $0.75 per capita, during fiscal 23 year 1981 through fiscal year 1993 the amount of grants shall 24 be $1 per capita, and during fiscal year 1994 and thereafter 25 the amount of public library grants shall be $1.25 per 26 capita, and the amount of the Major Urban Library Program 27 grants shall be $0.19 per capita. If the monies appropriated 28 for these grants are not sufficient, the State Librarian 29 shall reduce the per capita amount of the grants 30 proportionately. 31 In order to be eligible for a grant under this Section, 32 the corporate authorities, in lieu of a tax levy at a 33 particular rate, may provide funds from other sources, an 34 amount equivalent to the amount to be produced by that levy. SB745 Engrossed -555- LRB9101253EGfg 1 (Source: P.A. 90-169, eff. 7-23-97; revised 10-31-98.) 2 Section 100. The Township Library Bond Act is amended by 3 changing Section 8 as follows: 4 (75 ILCS 35/8) (from Ch. 81, par. 53) 5 Sec. 8. The board of directors of the public library of 6 any township, which has issued bonds pursuant to the 7 provisions of this Act, shall, on or before the first Tuesday 8 in August, of each year, ascertain as near as practicable, 9 the amount of money which must be raised by special taxation 10 for the ensuing year, for the purpose of paying the interest 11 upon such bonds and the principal thereof, as they 12 respectively become due; and shall cause the same to be 13 certified, under the signatures of the president and 14 secretary of such board of directors, and filed in the office 15 of the county clerk of the county in which the library is 16 situated, on or before the second Monday in August of each 17 year; which certificate may be substantially in the following 18 form: 19 We certify that the Board of Directors of the .... Public 20 Library has determined that it will require the sum of 21 $......, to be levied as a special tax upon the taxable 22 property of .... Township, for the year (insert year)of 19..23, for the purpose of paying the bonds of the Township and the 24 interest thereon. 25 Dated (insert date)......... 19..26 Board of Directors of .... Public Library. 27 Signature of .... President. 28 Signature of .... Secretary. 29 (Source: P.A. 84-1308; revised 10-20-98.) 30 Section 101. The School Code is amended by changing 31 Sections 1B-6, 2-3.73, 2-3.106, 2-3.114, 3A-10, 5-22, 7-7.5, SB745 Engrossed -556- LRB9101253EGfg 1 7A-4, 8-2, 8-9, 9-10, 9-12, 9-12.1, 10-5, 10-18, 10-22.22b, 2 10-22.22c, 11A-5, 11B-5, 11D-4, 12-11.1, 14A-4, 17-2C, 17-11, 3 18-8.05, 21-10, 21-12, 27-8.1, 27A-4, 29-5.2, 32-1, 32-1.4, 4 32-5.2, 32-7, 34-21.1, and 34-84a.1 as follows: 5 (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6) 6 Sec. 1B-6. General powers. The purpose of the Financial 7 Oversight Panel shall be to exercise financial control over 8 the board of education, and, when approved by the State Board 9 and the State Superintendent of Education, to furnish 10 financial assistance so that the board can provide public 11 education within the board's jurisdiction while permitting 12 the board to meet its obligations to its creditors and the 13 holders of its notes and bonds. Except as expressly limited 14 by this Article, the Panel shall have all powers necessary to 15 meet its responsibilities and to carry out its purposes and 16 the purposes of this Article, including, but not limited to, 17 the following powers: 18 (a) to sue and be sued; 19 (b) to provide for its organization and internal 20 management; 21 (c) to appoint a Financial Administrator to serve as the 22 chief executive officer of the Panel. The Financial 23 Administrator may be an individual, partnership, corporation, 24 including an accounting firm, or other entity determined by 25 the Panel to be qualified to serve; and to appoint other 26 officers, agents, and employees of the Panel, define their 27 duties and qualifications and fix their compensation and 28 employee benefits; 29 (d) to approve the local board of education appointments 30 to the positions of treasurer in a Class I county school unit 31 and in each school district which forms a part of a Class II 32 county school unit but which no longer is subject to the 33 jurisdiction and authority of a township treasurer or SB745 Engrossed -557- LRB9101253EGfg 1 trustees of schools of a township because the district has 2 withdrawn from the jurisdiction and authority of the township 3 treasurer and the trustees of schools of the township or 4 because those offices have been abolished as provided in 5 subsection (b) or (c) of Section 5-1, and chief school 6 business official, if such official is not the superintendent 7 of the district. Either the board or the Panel may remove 8 such treasurer or chief school business official;.9 (e) to approve any and all bonds, notes, teachers 10 orders, tax anticipation warrants, and other evidences of 11 indebtedness prior to issuance or sale by the school 12 district; and notwithstanding any other provision of The 13 School Code, as now or hereafter amended, no bonds, notes, 14 teachers orders, tax anticipation warrants or other evidences 15 of indebtedness shall be issued or sold by the school 16 district or be legally binding upon or enforceable against 17 the local board of education unless and until the approval of 18 the Panel has been received;.19 (f) to approve all property tax levies of the school 20 district and require adjustments thereto as the Panel deems 21 necessary or advisable; 22 (g) to require and approve a school district financial 23 plan; 24 (h) to approve and require revisions of the school 25 district budget; 26 (i) to approve all contracts and other obligations as 27 the Panel deems necessary and appropriate; 28 (j) to authorize emergency State financial assistance, 29 including requirements regarding the terms and conditions of 30 repayment of such assistance, and to require the board of 31 education to levy a separate local property tax, subject to 32 the limitations of Section 1B-8, sufficient to repay such 33 assistance consistent with the terms and conditions of 34 repayment and the district's approved financial plan and SB745 Engrossed -558- LRB9101253EGfg 1 budget; 2 (k) to request the regional superintendent to make 3 appointments to fill all vacancies on the local school board 4 as provided in Section 10-10; 5 (l) to recommend dissolution or reorganization of the 6 school district to the General Assembly if in the Panel's 7 judgment the circumstances so require; 8 (m) to direct a phased reduction in the oversight 9 responsibilities of the Financial Administrator and of the 10 Panel as the circumstances permit; 11 (n) to determine the amount of emergency State financial 12 assistance to be made available to the school district, and 13 to establish an operating budget for the Panel to be 14 supported by funds available from such assistance, with the 15 assistance and the budget required to be approved by the 16 State Superintendent; 17 (o) to procure insurance against any loss in such 18 amounts and from such insurers as it deems necessary; 19 (p) to engage the services of consultants for rendering 20 professional and technical assistance and advice on matters 21 within the Panel's power; 22 (q) to contract for and to accept any gifts, grants or 23 loans of funds or property or financial or other aid in any 24 form from the federal government, State government, unit of 25 local government, school district or any agency or 26 instrumentality thereof, or from any other private or public 27 source, and to comply with the terms and conditions thereof; 28 (r) to pay the expenses of its operations based on the 29 Panel's budget as approved by the State Superintendent from 30 emergency financial assistance funds available to the 31 district or from deductions from the district's general State 32 aid; and 33 (s) to do any and all things necessary or convenient to 34 carry out its purposes and exercise the powers given to the SB745 Engrossed -559- LRB9101253EGfg 1 Panel by this Article. 2 (Source: P.A. 87-473; 88-618, eff. 9-9-94; revised 10-31-98.) 3 (105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73) 4 Sec. 2-3.73. Missing child program. The State Board of 5 Education shall administer and implement a missing child 6 program in accordance with the provisions of this Section. 7 Upon receipt of each periodic information bulletin from the 8 Department of State PoliceLaw Enforcementpursuant to 9 Section 6 of the Intergovernmental Missing Child Recovery Act 10 of 1984, the State Board of Education shall promptly make 11 copies of the same and mail one copy to the school board of 12 each school district in this State and to the principal or 13 chief administrative officer of each nonpublic elementary and 14 secondary school in this State. Upon receipt each school 15 board shall compare the names on the bulletin to the names of 16 all students presently enrolled in the schools of the 17 district. If a school board or its designee determines that 18 a missing child is attending one of the schools within the 19 school district, or if the principal or chief administrative 20 officer of a nonpublic school is notified by school personnel 21 that a missing child is attending that school, the school 22 board or the principal or chief administrative officer of the 23 nonpublic school shall immediately give notice of this fact 24 to the State Board of Education, the Department of State 25 PoliceLaw Enforcement, and the law enforcement agency having 26 jurisdiction in the area where the missing child resides or 27 attends school. 28 (Source: P.A. 84-1308; revised 10-31-98.) 29 (105 ILCS 5/2-3.106) (from Ch. 122, par. 2-3.106) 30 Sec. 2-3.106. State Urban Education Partnership Grants. 31 From State moneys appropriated specifically for purposes of 32 this Section, the State Board of Education shall award State SB745 Engrossed -560- LRB9101253EGfg 1 Urban Education Partnership Grants to qualifying attendance 2 centers within school districts that meet the criteria 3 specified in subparagraph (A) or subparagraph (B) below: 4 (A) The number of students enrolled in the public 5 schools of the district is 1,500 or more, and not less 6 than 10% of those students are low income students as 7 determined with reference to the annual Public Schools 8 Fall Enrollment-Housing Report that the school district 9 is required to file with the State Board of Education; or 10 (B) The school district receives not less than 11 $100,000 in a fiscal year from funds allocated and 12 distributed under Chapter 1 of Title I of the federal 13 Elementary and Secondary Education Act of 1965, and not 14 less than 10% of the students enrolled in the public 15 schools of the school district are "minority students", 16 defined for purposes of this Section to mean a pupil who 17 is Black (having origins in any of the black racial 18 groups in Africa), Hispanic (of Spanish or Portuguese 19 culture with origins in Mexico, South or Central America, 20 or the Caribbean Islands, regardless of race), Asian 21 American (having origins in any of the original peoples 22 of the Far East, Southeast Asia, the Indian Subcontinent, 23 or the Pacific Islands), or American Indian or Alaskan 24 Native (having origins in any of the original peoples of 25 North America). 26 State Urban Education Partnership Grants awarded under 27 this Section shall be used for the planning, development, 28 operation or expansion of programs, projects and activities 29 that are designed to carry out programs that improve student 30 achievement or the quality of education for students and that 31 are comparable or similar in nature to targeted assistance 32 programs for which discretionary federal grant funds are 33 allocated under Chapter 2 of Title I of thethefederal 34 Elementary and Secondary Education Act of 1965; provided, SB745 Engrossed -561- LRB9101253EGfg 1 that in evaluating applications and awarding State Urban 2 Education Partnership Grants under this Section, priority 3 consideration and preference shall be given to grant 4 applications that propose to carry out effective school 5 programs that are developed and designed to increase the 6 academic achievement levels of students in large and small 7 urban communities through collaborative efforts or 8 partnerships between the attendance center applying for the 9 grant and at least one parent or community group, social 10 service agency, public sector business entity or institution 11 of higher education. Indicators of such effective school 12 programs shall include but not be limited to components 13 designed to improve student attendance at school and in 14 class, increase student homework output and quality, increase 15 student time on the task of acquiring basic and higher order 16 skills, improve teacher-given classroom grades, improve State 17 and national standardized test scores and assessment results, 18 improve community involvement in the development and 19 implementation of effective school programs, and improve 20 parent involvement to foster a positive home environment, 21 meaningful parent-child communication in matters of 22 educational performance and progress, and increased parent 23 participation in home learning activities, school volunteer 24 activities and school governance. 25 The State Board of Education shall adopt rules and 26 regulations governing the procedure and requirements 27 applicable to grant applications submitted under this 28 Section. The period during which grants may be awarded to an 29 attendance center under this Section shall not exceed 3 30 consecutive school years; provided that before approving 31 continuation of a grant for a new school year, the State 32 Board of Education shall review and evaluate a report which 33 the attendance center shall file with respect to its use of 34 grant funds in carrying out grant programs during the SB745 Engrossed -562- LRB9101253EGfg 1 preceding school year. 2 Grants shall be awarded to attendance centers under this 3 Section on a competitive basis, and the State Board of 4 Education shall establish standards, consistent with the 5 provisions of this Section, by which to evaluate grant 6 applications and programs submitted and proposed hereunder. 7 It is the purpose and intent of this Section to establish 8 a State grant program that parallels and supplements, but 9 that operates independently of federal grant programs that 10 allocate funds for targeted assistance under Chapter 2 of 11 Title I of the federal Elementary and Secondary Education Act 12 of 1965. 13 (Source: P.A. 87-789; 87-895; revised 10-31-98.) 14 (105 ILCS 5/2-3.114) 15 Sec. 2-3.114. Federal Goals 2000 funds. Notwithstanding 16 any other law to the contrary, the State Board of Education 17 shall not accept or expend any federal funds provided for 18 participation in the federal Goals 2000 or outcome-based 19 education programs established under the Goals 2000: Educate 20 America Act, except in those cases in which the State Board 21 of Education acts as a flow-through agency for the direct 22 release to school districts of grant funds and awards 23 provided under the federal Goals 2000 program. In those 24 cases in which the State Board of Education functions as a 25 flow-through agency for the direct release to school 26 districts of grants or awards under the federal Goals 2000 27 program, the State Board of Education is authorized to 28 retain, for its administrative expenses directly related to 29 its services as the flow through agency, up to but not more 30 than 1% of the aggregate Goals 2000 program funds that flow 31 through the State Board of Education for direct release to 32 school districts. No school district, attendance center, 33 school board, local school council, or other school SB745 Engrossed -563- LRB9101253EGfg 1 administrator may use or authorize or require the use of any 2 funds, grants, or awards received under this Section for 3 purposes of providing outcome-basedoutcomes-basededucation, 4 school-based health clinics, or any other health or social 5 service, nor may the State Board of Education or any other 6 local educational agency use or authorize or require any such 7 funds, grants, or awards to be used for any such purpose. 8 (Source: P.A. 89-610, eff. 8-6-96; revised 10-31-98.) 9 (105 ILCS 5/3A-10) (from Ch. 122, par. 3A-10) 10 Sec. 3A-10. Notice of Election. A notice of the 11 election shall be given in accordance with the general 12 election law. In addition to the requirements of the general 13 election law the notice shall be in substantially the 14 following form: 15 NOTICE OF EDUCATIONAL SERVICE REGION ELECTION 16 Notice is hereby given that on (insert date).........,1719..,an election will be held in ............... County, 18 Illinois, for the purpose of voting upon this question: 19 Shall ............. County be disconnected from the 20 Educational Service Region for the Counties of 21 ................ and ............. and shall the regional 22 board of school trustees for ............. County be 23 requested to approve the consolidation of the counties into a 24 single educational service region? 25 (Source: P.A. 81-1489; revised 10-19-98.) 26 (105 ILCS 5/5-22) (from Ch. 122, par. 5-22) 27 Sec. 5-22. Sales of school sites, buildings or other real 28 estate. When in the opinion of the school board, a school 29 site, or portion thereof, building, or site with building 30 thereon, or any other real estate of the district, has become 31 unnecessary or unsuitable or inconvenient for a school, or 32 unnecessary for the uses of the district, the school board, SB745 Engrossed -564- LRB9101253EGfg 1 by a resolution adopted by at least two-thirds of the board 2 members, may sell or direct that the property be sold in the 3 manner provided in the Local Government Property Transfer 4 Act, or in the manner herein provided. Unless legal title to 5 the land is held by the school board, the school board shall 6 forthwith notify the trustees of schools or other school 7 officials having legal title to such land of the terms upon 8 which they desire the property to be sold. If the property is 9 to be sold to another unit of local government or school 10 district, the school board, trustees of schools, or other 11 school officials having legal title to the land shall proceed 12 in the manner provided in the Local Government Property 13 Transfer Act. In all other cases the school board, trustees 14 of schools, or other school officials having legal title to 15 the land shall, within 60 days after adoption of the 16 resolution (if the school board holds legal title to the 17 land), or within 60 days after the trustees of school or 18 other school officials having legal title receive the notice 19 (if the school board does not hold legal title to the land), 20 sell the property at public sale, by auction or sealed bids, 21 after first giving notice of the time, place, and terms 22 thereof by notice published once each week for 3 successive 23 weeks prior to the date of the sale if sale is by auction, or 24 prior to the final date of acceptance of bids if sale is by 25 sealed bids, in a newspaper published in the district or, if 26 no such newspaper is published in the district, then in a 27 newspaper published in the county and having a general 28 circulation in the district; however, if territory containing 29 a school site, building, or site with building thereon, is 30 detached from the school district of which it is a part after 31 proceedings have been commenced under this Section for the 32 sale of that school site, building, or site with building 33 thereon, but before the sale is held, then the school board, 34 trustees of schools, or other school officials having legal SB745 Engrossed -565- LRB9101253EGfg 1 title shall not advertise or sell that school site, building, 2 or site with building thereon, pursuant to those proceedings. 3 The notices may be in the following form: 4 NOTICE OF SALE 5 Notice is hereby given that on (insert date),the ....6day of ...., 19..,the (here insert title of the school 7 board, trustees of school, or other school officials holding 8 legal title) of (county) (Township No. ...., Range No. .... 9 P.M. ....) will sell at public sale (use applicable 10 alternative) (at ......... (state location of sale which 11 shall be within the district), at .... ..M.,) (by taking 12 sealed bids which shall be accepted until .... ..M., on 13 (insert date),the ..... day of ......, 19...,at (here 14 insert location where bids will be accepted which shall be 15 within the district) which bids will be opened at .... ..M. 16 on (insert date)the .... day of ......, 19....at (here 17 insert location where bids will be opened which shall be 18 within the district)) the following described property: (here 19 describe the property), which sale will be made on the 20 following terms to-wit: (here insert terms of sale) 21 .... 22 .... 23 .... 24 (Here insert title of school 25 officials holding legal title) 26 For purposes of determining "terms of sale" under this 27 Section, the General Assembly declares by this clarifying and 28 amendatory Act of 1983 that "terms of sale" are not limited 29 to sales for cash only but include contracts for deed, 30 mortgages, and such other seller financed terms as may be 31 specified by the school board. 32 If a school board specifies a reasonable minimum selling 33 price and that price is not met or if no bids are received, 34 the school board may adopt a resolution determining or SB745 Engrossed -566- LRB9101253EGfg 1 directing that the services of a licensed real estate broker 2 be engaged to sell the property for a commission not to 3 exceed 7%, contingent on the sale of the property within 120 4 days. If legal title to the property is not held by the 5 school board, the trustees of schools or other school 6 officials having legal title shall, upon receipt of the 7 resolution, engage the services of a licensed real estate 8 broker as directed in the resolution. The board may accept a 9 written offer equal to or greater than the established 10 minimum selling price for the described property. The 11 services of a licensed real estate broker may be utilized to 12 seek a buyer. If the board lowers the minimum selling price 13 on the described property, the public sale procedures set 14 forth in this Section must be followed. The board may raise 15 the minimum selling price without repeating the public sale 16 procedures. 17 The deed of conveyance shall be executed by the president 18 and clerk or secretary of the school board, trustees of 19 schools, or other school officials having legal title to the 20 land, and the proceeds paid to the school treasurer for the 21 benefit of the district; provided, that the proceeds of any 22 such sale on the island of Kaskaskia shall be paid to the 23 State Treasurer for the use of the district and shall be 24 disbursed by him in the same manner as income from the 25 Kaskaskia Commons permanent school fund. The school board 26 shall use the proceeds from the sale first to pay the 27 principal and interest on any outstanding bonds on the 28 property being sold, and after all such bonds have been 29 retired, the remaining proceeds from the sale next shall be 30 used by the school board to meet any urgent district needs as 31 determined under Sections 2-3.12 and 17-2.11 and then for any 32 other authorized purpose and for deposit into any district 33 fund. But whenever the school board of any school district 34 determines that any schoolhouse site with or without a SB745 Engrossed -567- LRB9101253EGfg 1 building thereon is of no further use to the district, and 2 agrees with the school board of any other school district 3 within the boundaries of which the site is situated, upon the 4 sale thereof to that district, and agrees upon the price to 5 be paid therefor, and the site is selected by the purchasing 6 district in the manner required by law, then after the 7 payment of the compensation the school board, township 8 trustees, or other school officials having legal title to the 9 land of the schools shall, by proper instrument in writing, 10 convey the legal title of the site to the school board of the 11 purchasing district, or to the trustees of schools for the 12 use of the purchasing district, in accordance with law. The 13 provisions of this Section shall not apply to any sale made 14 pursuant to Section 5-23 or Section 5-24 or Section 32-4. 15 (Source: P.A. 87-984; 88-155; revised 10-20-98.) 16 (105 ILCS 5/7-7.5) 17 Sec. 7-7.5. Holding of elections. 18 (a) Elections provided by this Article shall be 19 conducted in accordance with the general election law. 20 (b) The notice shall be in substantially the following 21 form: 22 NOTICE OF REFERENDUM FOR ANNEXATION 23 BY ..... (Name of Annexing District) 24 OF ALL TERRITORY OF ..... (Name Of 25 District Or Districts All Of 26 Whose Territory Is To Be Annexed) 27 NOTICE is hereby given that on (insert date),the28.... day of ...., 19 ...,a referendum will be held in 29 part(s) of ...... County (Counties) for the purpose of 30 voting for or against the proposition to annex all of the 31 territory comprising ..... (name of each such school 32 district) of ....... County, Illinois to ..... (name of 33 annexing school district) of ...... County, Illinois. SB745 Engrossed -568- LRB9101253EGfg 1 The territory which now comprises all of the 2 territory of ..... (name of the school district or 3 districts) of ...... County, Illinois, which territory is 4 the same as the territory which is proposed to be annexed 5 to ..... (name of annexing school district) of ....... 6 County, Illinois, is described as follows: (Here describe 7 such territory.) 8 The territory which now comprises ..... (name of 9 annexing school district) of ....... County, Illinois, 10 which district it is proposed shall annex the territory 11 above described in this Notice, is described as follows: 12 (Here describe such territory.) 13 The election is called and will be held pursuant to 14 an order of the regional board of school trustees (or, 15 State Superintendent of Education) dated on (insert 16 date),the .... day of ...., 19 ....,which order states 17 that the change of boundaries pursuant to the annexation 18 granted or approved by the order shall be made if a 19 majority of those voters in each of the affected school 20 districts who vote on the proposition at the election 21 vote in favor thereof. 22 Dated (insert date).this ..... day of ...., 19.....2324 Regional Board of School Trustees (or State 25 Superintendent of Education) 26 By.................................... 27 (Source: P.A. 90-459, eff. 8-17-97; revised 10-20-98.) 28 (105 ILCS 5/7A-4) (from Ch. 122, par. 7A-4) 29 Sec. 7A-4. Holding of elections. 30 (a) Elections provided by this Article shall be 31 conducted in accordance with the general election law. 32 (b) The notice for voters residing in the unit school 33 district proposed to be dissolved shall be in substantially SB745 Engrossed -569- LRB9101253EGfg 1 the following form: 2 NOTICE OF REFERENDUM TO DISSOLVE 3 A UNIT SCHOOL DISTRICT, TO CREATE 4 AN ELEMENTARY SCHOOL DISTRICT THEREFROM, 5 AND TO ANNEX THE TERRITORY THEREIN TO 6 A CONTIGUOUS HIGH SCHOOL DISTRICT 7 NOTICE is hereby given that on (insert date),the8.... day of ...., 19 ...,a referendum will be held in 9 part(s) of ...... county (counties) for the purpose of 10 voting for or against the proposition to dissolve Unit 11 School District No. ..... of ....... County, Illinois, to 12 create an elementary school district to be comprised of 13 the same territory which now comprises the unit school 14 district proposed to be so dissolved, and to annex that 15 same territory to High School District No. ..... of 16 ...... County, Illinois. 17 The territory which now comprises Unit School 18 District No. ..... of ....... County, Illinois, which 19 territory is the same as the territory which is to 20 comprise the elementary school district proposed to be 21 created and which also is the same as the territory which 22 is proposed to be annexed to High School District No. 23 ..... of ....... County, Illinois, is described as 24 follows: (Here describe such territory.) 25 The territory which now comprises High School 26 District No. ..... of ....... County, Illinois, which 27 high school district it is proposed shall annex the 28 territory above described in this Notice, is described as 29 follows: (Here describe such territory.) 30 The election is called and will be held pursuant to 31 an order of the Regional Superintendent dated on (insert 32 date),the .... day of ...., 19 ....,which order states 33 that if a majority of the voters residing in Unit School 34 District No. ..... of ....... County, Illinois and voting SB745 Engrossed -570- LRB9101253EGfg 1 at the referendum on the proposition vote in favor of 2 such proposition, and if by separate ballot a majority of 3 the voters residing in High School District No. ..... of 4 ....... County, Illinois and voting at the referendum on 5 the proposition to annex the territory first above 6 described in this Notice vote in favor thereof, that then 7 the tax rates for educational and operations, building 8 and maintenance purposes and the purchase of school 9 grounds, pupil transportation, and fire prevention and 10 safety purposes which shall constitute the tax rates for 11 the elementary school district so created and for High 12 School District No. ..... of ....... County, Illinois 13 upon annexation of the territory first above described 14 shall be: (i) with respect to such elementary school 15 district, ....... for educational purposes, ....... for 16 operations, building and maintenance purposes and the 17 purchase of school grounds, ...... for pupil 18 transportation purposes, and ...... for fire prevention 19 and safety purposes, and (ii) with respect to High School 20 District No. ..... of ....... County, Illinois upon such 21 annexation, ....... for educational purposes, ....... for 22 operations, building and maintenance purposes and the 23 purchase of school grounds, ...... for pupil 24 transportation purposes, and ...... for fire prevention 25 and safety purposes. 26 Dated (insert date).this ..... day of ...., 19.....2728 Regional Superintendent of Schools 29 .................................... 30 Whenever the members of the board of education of the 31 elementary school district proposed to be established are to 32 be elected at the same election at which the proposition to 33 establish that district is to be submitted to the voters, 34 that fact shall be included in the notice. SB745 Engrossed -571- LRB9101253EGfg 1 (c) The notice for voters residing in the contiguous 2 high school district proposing to annex all of the territory 3 within the unit school district proposed to be dissolved 4 shall be in substantially the following form: 5 NOTICE OF REFERENDUM 6 FOR ANNEXATION BY A HIGH 7 SCHOOL DISTRICT OF CONTIGUOUS 8 TERRITORY TO BE DISSOLVED 9 AS A UNIT SCHOOL DISTRICT 10 NOTICE is hereby given that on (insert date),the11..... day of ....., 19 ....,a referendum will be held in 12 part(s) of ........ county (counties) for the purpose of 13 voting for or against a proposition that High School 14 District No. ..... of ....... County, Illinois annex 15 certain contiguous territory hereinafter described upon 16 the dissolution of such contiguous territory as a unit 17 school district. 18 The territory which now comprises High School 19 District No. ..... of ....... County, Illinois is 20 described as follows: (Here describe such territory.) 21 The contiguous territory which it is proposed shall 22 be annexed by High School District No. ..... of ....... 23 County, Illinois upon the dissolution of such contiguous 24 territory as a unit school district is described as 25 follows: (Here describe such territory.) 26 The election is called and will be held pursuant to 27 an order of the Regional Superintendent dated on (insert 28 date),the ..... day of ....., 19 ....,which order 29 states that if a majority of the voters residing in High 30 School District No. ..... of ....... County, Illinois and 31 voting at the referendum on the proposition to annex the 32 territory last described above vote in favor of such 33 proposition, and if by separate ballot a majority of the 34 voters residing in the territory last described above and SB745 Engrossed -572- LRB9101253EGfg 1 voting at the referendum on the proposition to dissolve 2 such territory as a unit school district, to create an 3 elementary school district therefrom and to annex such 4 territory to High School District No. ..... of ....... 5 County, Illinois vote in favor of such proposition, that 6 then the tax rates for educational and operations, 7 building and maintenance purposes and the purchase of 8 school grounds, pupil transportation, and fire prevention 9 and safety purposes which shall constitute the tax rates 10 for High School District No. ..... of ....... County, 11 Illinois upon and after annexation of the territory last 12 described above shall be ....... for educational 13 purposes, ....... for operations, building and 14 maintenance purposes and the purchase of school grounds, 15 ...... for pupil transportation purposes, and ...... for 16 fire prevention and safety purposes. 17 Dated (insert date).this ..... day of ...., 19.....1819 Regional Superintendent of Schools 20 .................................... 21 (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.) 22 (105 ILCS 5/8-2) (from Ch. 122, par. 8-2) 23 Sec. 8-2. Bond of treasurer. Before entering upon his 24 duties, each school treasurer shall execute a bond with 2 or 25 more persons having an interest in real estate who are not 26 trustees, or a surety company authorized to do business in 27 this State, as sureties, payable to the township trustees of 28 schools in Class II county school units and to the school 29 board of each district for which he or she is treasurer or 30 its successors in office in Class I county school units and 31 conditioned upon the faithful discharge of his or her duties, 32 except that the bond required of the school treasurer of a 33 school district which is located in a Class II county school SB745 Engrossed -573- LRB9101253EGfg 1 unit but which no longer is subject to the jurisdiction and 2 authority of a township treasurer or trustees of schools of a 3 township because the district has withdrawn from the 4 jurisdiction and authority of the township treasurer and 5 trustees of schools of the township or because those offices 6 have been abolished as provided in subsection (b) or (c) of 7 Section 5-1 shall be payable to the school board of each 8 district for which he or she is treasurer or its successor in 9 office and conditioned upon the faithful discharge of his or 10 her duties. The penalty of the bond shall be 25% of the 11 amount of all bonds, notes, mortgages, moneys and effects of 12 which he is to have the custody, whether individuals act as 13 sureties or whether the surety given is by a surety company 14 authorized to do business in this State, and shall be 15 increased or decreased from time to time, as the increase or 16 decrease of the amount of notes, bonds, mortgages, moneys and 17 effects may require, and whenever in the judgment of the 18 regional superintendent of schools, or whenever in the 19 judgment of the township trustees or the school board of the 20 district by which the school treasurer was appointed or 21 elected, the penalty of the bond should be increased or 22 decreased; provided that the penalty of the bond shall not be 23 increased to more than 25% of the amount of all bonds, notes, 24 mortgages, moneys and effects of which the treasurer has 25 custody at any time. The bond of the township treasurer shall 26 be approved by at least a majority of the township trustees 27 in Class II county school units; provided that in those 28 school districts that are located in a Class II county school 29 unit but are no longer subject to the jurisdiction and 30 authority of a township treasurer and trustees of schools of 31 a township (because the districts have withdrawn from the 32 jurisdiction and authority of the township treasurer and 33 trustees of schools of the township or because those offices 34 have been abolished as provided in subsection (b) or (c) of SB745 Engrossed -574- LRB9101253EGfg 1 Section 5-1) and in Class I county school units, the bond 2 shall be approved by at least a majority of the members of 3 the school board; and in all cases the bond shall be filed 4 with the regional superintendent of schools who shall file 5 with the State Board of Education before September 1 in each 6 year an affidavit showing which treasurers of school 7 districts under his supervision and control are properly 8 bonded. The bond shall be in the following form: 9 STATE OF ILLINOIS 10 .......... COUNTY 11 We, AB, CD and EF, are obligated, jointly and severally, 12 to the (School Board of District No. ...., or trustees of 13 township .... range ....) in the above mentioned county or 14 successors in office, in the penal sum of $...., for the 15 payment of which we bind ourselves, our heirs, executors and 16 administrators. 17 Dated (insert date)........ 19...18 The condition of this obligation is such that if AB, 19 school treasurer in the above stated county, faithfully 20 discharges the duties of his or her office, according to law, 21 and delivers to his or her successor in office, after such 22 successor has qualified by giving bond as provided by law, 23 all moneys, books, papers, securities and control, which have 24 come into his or her possession or control, as such school 25 treasurer, from the date of his or her bond to the time that 26 his or her successor has qualified as school treasurer, by 27 giving such bond as required by law, then this obligation to 28 be void; otherwise to remain in full force and effect. 29 Approved and accepted by: 30 A.... B.... (Signature) 31 C.... D.... (Signature) 32 E.... F.... (Signature) 33 G.... H.... (Signature) 34 I.... J.... (Signature) SB745 Engrossed -575- LRB9101253EGfg 1 K.... L.... (Signature) 2 (Board of Education or Board of 3 Directors of District No. ..... 4 By .... 5 President Secretary or Clerk 6 or .... 7 .... Township Trustees) 8 No part of the State or other school fund shall be paid 9 to any school treasurer or other persons authorized to 10 receive it unless such treasurer has filed his or her bond, 11 or if reelected, has renewed his or her bond and filed it as 12 required by law. 13 (Source: P.A. 89-212, eff. 8-4-95; revised 10-20-98.) 14 (105 ILCS 5/8-9) (from Ch. 122, par. 8-9) 15 Sec. 8-9. Mortgages - Form. Mortgages to secure the 16 payment of money loaned under the provisions of this Act may 17 be in the following form: 18 I, A B, of the county of ...., State of ...., do hereby 19 grant, convey and transfer to the trustees of schools of 20 township No. ...., Range No. ...., in the County of ...., and 21 State of Illinois, for the use of the inhabitants of the 22 township, the following described real estate: (here insert 23 premises), which real estate I declare to be in mortgage for 24 the payment of $...., loaned to me and for the payment of all 25 interest that may accrue thereon, to be computed at the rate 26 of .... per cent per year until paid. I agree to pay the 27 above sum of money in .... years from the date hereof, and to 28 pay the interest on the same annually, at the rate above 29 stated. I further covenant that I have a good and valid 30 title to the estate, and that the same is free from all 31 incumbrance, and that I will pay all taxes and assessments 32 which may be levied on the real estate, and that I will give 33 any additional security that may at any time be required in SB745 Engrossed -576- LRB9101253EGfg 1 writing by the board of trustees; and if the real estate is 2 sold to pay the debt or any part thereof, or for any failure 3 or refusal to comply with or perform the conditions or 4 covenants herein contained, I will deliver immediate 5 possession of the premises. It is further agreed by and 6 between the parties that in the event a complaint is filed in 7 any court to foreclose this mortgage for non-payment of 8 either principal or interest, that the mortgagor will pay a 9 reasonable attorney's fee, and the same shall be included in 10 the judgment and be taxed as costs; and we, A B, and C, 11 spouse of A B, hereby release all rights to the premises 12 which we may have by virtue of any homestead laws of this 13 State. 14 Dated (insert date).1915 A .... B .................... 16 C .... D .................... 17 The mortgage shall be acknowledged and recorded as is 18 required by law for other conveyances of real estate, the 19 mortgagor paying the expenses of acknowledgment and 20 recording. 21 (Source: P.A. 84-550; revised 10-20-98.) 22 (105 ILCS 5/9-10) (from Ch. 122, par. 9-10) 23 Sec. 9-10. Candidates for office - Nominating petitions. 24 Candidates for the office of school director shall be 25 nominated by petition signed by at least 25 voters or 5% of 26 the voters, whichever is less, residing within the district 27 and filed with the secretary of the board of school directors 28 or with a person designated by the board to receive 29 nominating petitions. 30 Nominations for members of boards of education, including 31 non-high school boards of education shall be made by a 32 petition signed by at least 50 voters or 10% of the voters, 33 whichever is less, residing within the district and shall be SB745 Engrossed -577- LRB9101253EGfg 1 filed with the secretary of the board of education or with a 2 person designated by the board to receive nominating 3 petitions. In addition to the requirements of the general 4 election law, the form of such petitions shall be 5 substantially as follows: 6 NOMINATING PETITIONS 7 (LEAVE OUT THE INAPPLICABLE PART.) 8 To the secretary of the board of education (or board of 9 directors) of district number .... in .... County: 10 We the undersigned, being (.... or more) (or 10% or more) 11 (or 5% or more) of the voters residing within said district, 12 hereby petition that .... who resides at .... in the (city or 13 village) of .... in Township .... (or who resides outside any 14 city, village or incorporated town and in Township ....) in 15 said district shall be a candidate for the office of .... of 16 the board of education (or board of directors) (full term) 17 (vacancy) to be voted for at the election to be held on 18 (insert date).the .... day of ...., 19...19 Name: .................. Address: ................... 20 Nomination papers filed under this Section are not valid 21 unless the candidate named therein files with the secretary 22 of the board of education or a person designated by the board 23 to receive nominating petitions a receipt from the county 24 clerk showing that the candidate has filed a statement of 25 economic interests as required by the Illinois Governmental 26 Ethics Act. Such receipt shall be so filed either previously 27 during the calendar year in which his nomination papers were 28 filed or within the period for the filing of nomination 29 papers in accordance with the general election law. 30 All petitions for the nomination of members of a board of 31 education shall be filed with the secretary of the board or a 32 person designated by the board to receive nominating 33 petitions within the time provided for by the general 34 election law. The secretary shall receive and file only SB745 Engrossed -578- LRB9101253EGfg 1 those petitions which include a statement of candidacy, the 2 required number of voter signatures, the notarized signature 3 of the petition circulator and a receipt from the County 4 Clerk showing that the candidate has filed a statement of 5 economic interest on or before the last day to file as 6 required by the Illinois Governmental Ethics Act. The 7 secretary may have petition forms available for issuance to 8 potential candidates, and may give notice of the petition 9 filing period by publication in a newspaper of general 10 circulation within the school district not less than 10 days 11 prior to the first day of filing. Said secretary shall make 12 certification to the proper election authorities in 13 accordance with the general election law. If the secretary 14 is an incumbent school board member seeking re-election, a 15 disinterested person must be a witness to the filing of his 16 petition. 17 The secretary of the board of education shall notify the 18 candidates for whom a petition for nomination is filed or the 19 appropriate committee of the obligations under the Campaign 20 Financing Act as provided in the general election law. Such 21 notice shall be given on a form prescribed by the State Board 22 of Elections and in accordance with the requirements of the 23 general election law. The secretary shall within 7 days of 24 filing or on the last day for filing, whichever is earlier, 25 acknowledge to the petitioner in writing his acceptance of 26 the petition. 27 A candidate for membership on the board of education or 28 for office as a school director, who has petitioned for 29 nomination to fill a full term and to fill a vacant term to 30 be voted upon at the same election, must withdraw his or her 31 petition for nomination from either the full term or the 32 vacant term by written declaration. 33 In all newly organized districts the petition for the 34 nomination of candidates for members of the board of SB745 Engrossed -579- LRB9101253EGfg 1 education at the first election shall be addressed to and 2 filed with the regional superintendent of schools in the 3 manner herein specified for the petitions for members of a 4 board of education. For such election the regional 5 superintendent shall fulfill all duties otherwise assigned to 6 the secretary of the board of education. 7 (Source: P.A. 82-1014; revised 10-20-98.) 8 (105 ILCS 5/9-12) (from Ch. 122, par. 9-12) 9 Sec. 9-12. Ballots for the election of school officers 10 shall be in one of the following forms: 11 (FORMAT 1 12 Ballot position for candidates shall be determined by the 13 order of petition filing or lottery held pursuant to Section 14 9-11.1. 15 This format is used by Boards of School Directors. 16 School Directors are elected at large.) 17 OFFICIAL BALLOT 18 FOR MEMBERS OF THE BOARD OF SCHOOL 19 DIRECTORS TO SERVE A FULL 4-YEAR TERM 20 VOTE FOR .... 21 ( ) ........................................ 22 ( ) ........................................ 23 ( ) ........................................ 24 FOR MEMBERS OF THE BOARD OF SCHOOL 25 DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM 26 VOTE FOR .... 27 ( ) ....................................... 28 ( ) ....................................... 29 ( ) ....................................... 30 (FORMAT 2 31 Ballot position for candidates shall be determined by the 32 order of petition filing or lottery held pursuant to Section SB745 Engrossed -580- LRB9101253EGfg 1 9-11.1. 2 This format is used when school board members are elected 3 at large. Membership on the school board is not restricted 4 by area of residence. 5 Types of school districts generally using this format 6 are: 7 Common school districts; 8 Community unit and community consolidated school 9 districts formed on or after January 1, 1975; 10 Community unit school districts formed prior to January 11 1, 1975 that elect board members at large and without 12 restriction by area of residence within the district under 13 subsection (c) of Section 11A-8; 14 Community unit, community consolidated and combined 15 school districts in which more than 90% of the population is 16 in one congressional township; 17 High school districts in which less than 15% of the 18 taxable property is located in unincorporated territory; and 19 unit districts (OLD TYPE); 20 Combined school districts formed on or after July 1, 21 1983; 22 Combined school districts formed before July 1, 1983 and 23 community consolidated school districts that elect board 24 members at large and without restriction by area of residence 25 within the district under subsection (c) of Section 11B-7.) 26 OFFICIAL BALLOT 27 FOR MEMBERS OF THE BOARD OF 28 EDUCATION TO SERVE A FULL 4-YEAR TERM 29 VOTE FOR .... 30 ( ) ....................................... 31 ( ) ....................................... 32 ( ) ....................................... 33 FOR MEMBERS OF THE BOARD OF 34 EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM SB745 Engrossed -581- LRB9101253EGfg 1 VOTE FOR .... 2 ( ) ....................................... 3 ( ) ....................................... 4 ( ) ....................................... 5 (FORMATS 2a and 2b 6 Ballot position for at large candidates shall be 7 determined by the order of petition filing or lottery held 8 pursuant to Section 9-11.1 and ballot position for candidates 9 grouped by "affected school district", as that term is 10 defined in Section 9-11.2, shall be determined by order of 11 petition filing or lottery held pursuant to Sections 9-11.1 12 and 9-11.2. 13 Format 2a is used only in electing, to unstaggered terms 14 expiring on the date of the regular school election held in 15 calendar year 2001, the initial 7 members of the board of 16 education of a combined school district that is established 17 as provided in subsection (a-5) of Section 11B-7, and Format 18 2b is used only in electing, when required under Section 19 10-10, a successor to serve the remainder of the unstaggered, 20 unexpired term of any such initial board member in whose 21 office a vacancy has occurred.) 22 Format 2a: 23 OFFICIAL BALLOT 24 FOR MEMBERS OF THE BOARD OF EDUCATION 25 TO SERVE A FULL TERM EXPIRING ON 26 (Insert date of regular school election in 2001) 27 Instructions to voter: One member of the board of 28 education is to be elected at large from within the territory 29 included within the boundaries of (insert name of the 30 combined school district as proposed or formed), 3 members 31 are to be elected from the territory included within the 32 boundaries of (former) Elementary School District No. ....., 33 and 3 members are to be elected from the territory included SB745 Engrossed -582- LRB9101253EGfg 1 within the boundaries of (former) Elementary School District 2 No. ...... 3 FOR THE MEMBER 4 OF THE BOARD OF EDUCATION 5 TO BE ELECTED AT LARGE 6 VOTE FOR ONE 7 ( ) ....................................... 8 ( ) ....................................... 9 FOR MEMBERS OF 10 THE BOARD OF EDUCATION 11 TO BE ELECTED FROM 12 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. .... 13 VOTE FOR THREE 14 ( ) ....................................... 15 ( ) ....................................... 16 ( ) ....................................... 17 ( ) ....................................... 18 FOR MEMBERS OF 19 THE BOARD OF EDUCATION 20 TO BE ELECTED FROM 21 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. .... 22 VOTE FOR THREE 23 ( ) ....................................... 24 ( ) ....................................... 25 ( ) ....................................... 26 ( ) ....................................... 27 Format 2b: 28 OFFICIAL BALLOT 29 FOR A MEMBER OF THE BOARD OF EDUCATION 30 TO BE ELECTED AT LARGE 31 TO SERVE AN UNEXPIRED TERM ENDING ON SB745 Engrossed -583- LRB9101253EGfg 1 (Insert date of regular school election in 2001) 2 VOTE FOR ONE 3 ( ) ....................................... 4 ( ) ....................................... 5 FOR MEMBERS (A MEMBER) 6 OF THE BOARD OF EDUCATION 7 TO BE ELECTED FROM 8 FORMER ELEMENTARY SCHOOL DISTRICT NO. .... 9 TO SERVE AN UNEXPIRED TERM ENDING ON 10 (Insert date of regular school election in 2001) 11 VOTE FOR .... 12 ( ) ....................................... 13 ( ) ....................................... 14 FOR MEMBERS (A MEMBER) 15 OF THE BOARD OF EDUCATION 16 TO BE ELECTED FROM 17 FORMER ELEMENTARY SCHOOL DISTRICT NO. .... 18 TO SERVE AN UNEXPIRED TERM ENDING ON 19 (Insert date of regular school election in 2001) 20 VOTE FOR .... 21 ( ) ....................................... 22 ( ) ....................................... 23 (FORMAT 3 24 Ballot position for incorporated and unincorporated areas 25 shall be determined by the order of petition filing or 26 lottery held pursuant to Sections 9-11.1 and 9-11.2. 27 This format is used by community unit, community 28 consolidated and combined school districts when the territory 29 is less than 2 congressional townships, or 72 square miles, 30 but consists of more than one congressional township, or 36 31 square miles, outside of the corporate limits of any city, 32( ) ............................village or incorporated SB745 Engrossed -584- LRB9101253EGfg 1 town within the school district. The School Code requires 2 that not more than 5 board members shall be selected from any 3 city, village or incorporated town in the school district. 4 At least two board members must reside in the unincorporated 5 area of the school district. 6 Except for those community unit school districts formed 7 before January 1, 1975 that elect board members at large and 8 without restriction by area of residence within the district 9 under subsection (c) of Section 11A-8 and except for combined 10 school districts formed before July 1, 1983 and community 11 consolidated school districts that elect board members at 12 large and without restriction by area of residence within the 13 district under subsection (c) of Section 11B-7, this format 14 applies to community unit and community consolidated school 15 districts formed prior to January 1, 1975 and combined school 16 districts formed prior to July 1, 1983.) 17 OFFICIAL BALLOT 18 Instructions to voter: The board of education shall be 19 composed of members from both the incorporated and the 20 unincorporated area; not more than 5 board members shall be 21 selected from any city, village or incorporated town. 22 On the basis of existing board membership, not more than 23 .... may be elected from the incorporated areas. 24 FOR MEMBERS OF THE BOARD OF EDUCATION 25 TO SERVE A FULL 4-YEAR TERM 26 VOTE FOR .... 27 ................... Area 28 ( ) ........................... 29 ( ) ........................... 30 ................... Area 31 ( ) ........................... 32 ( ) ........................... 33 FOR MEMBERS OF THE BOARD OF EDUCATION 34 TO SERVE AN UNEXPIRED 2-YEAR TERM SB745 Engrossed -585- LRB9101253EGfg 1 VOTE FOR .... 2 ................... Area 3 ( ) ........................... 4 ( ) ........................... 5 ................... Area 6 ( ) ........................... 7 ( ) ........................... 8 (FORMAT 4 9 Ballot position for township areas shall be determined by 10 the order of petition filing or lottery held pursuant to 11 Sections 9-11.1 and 9-11.2. 12 Except for those community unit school districts formed 13 prior to January 1, 1975 that elect board members at large 14 and without restriction by area of residence within the 15 district under subsection (c) of Section 11A-8 and except for 16 those combined school districts formed before July 1, 1983 17 and community consolidated school districts that elect board 18 members at large and without restriction by area of residence 19 within the district under subsection (c) of Section 11B-7, 20 this format applies to community unit and community 21 consolidated school districts formed prior to January 1, 1975 22 and combined school districts formed prior to July 1, 1983 23 when the territory of the school district is greater than 2 24 congressional townships, or 72 square miles. This format 25 applies only when less than 75% of the population is in one 26 congressional township. Congressional townships of less than 27 100 inhabitants shall not be considered for the purpose of 28 such mandatory board representation. In this case, not more 29 than 3 board members may be selected from any one 30 congressional township.) 31 OFFICIAL BALLOT 32 Instructions to voter: Membership on the board of 33 education is restricted to a maximum of 3 members from any 34 congressional township. On the basis of existing board SB745 Engrossed -586- LRB9101253EGfg 1 membership, members may be elected in the following numbers 2 from each congressional township. 3 Not more than .... may be elected from Township .... 4 Range .... 5 Not more than .... may be elected from Township .... 6 Range .... 7 Not more than .... may be elected from Township .... 8 Range .... 9 (Include each remaining congressional township in 10 district as needed) 11 FOR MEMBERS OF THE BOARD OF 12 EDUCATION TO SERVE A FULL 4-YEAR TERM 13 VOTE FOR .... 14 Township .............. Range ................ 15 ( ) ............................ 16 ( ) ............................ 17 Township .............. Range ................ 18 ( ) ............................ 19 ( ) ............................ 20 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 21 AN UNEXPIRED 2-YEAR TERM 22 VOTE FOR .... 23 Township .............. Range ................ 24 ( ) ............................ 25 ( ) ............................ 26 Township .............. Range ................ 27 ( ) ............................ 28 ( ) ............................ 29 (FORMAT 5 30 Ballot position for township areas shall be determined by 31 the order of petition filing or lottery held pursuant to 32 Sections 9-11.1 and 9-11.2. 33 Except for those community unit school districts formed 34 before January 1, 1975 that elect board members at large and SB745 Engrossed -587- LRB9101253EGfg 1 without restriction by area of residence within the district 2 under subsection (c) of Section 11A-8 and except for those 3 combined school districts formed before July 1, 1983 and 4 community consolidated school districts that elect board 5 members at large and without restriction by area of residence 6 within the district under subsection (c) of Section 11B-7, 7 this format is used by community unit and community 8 consolidated school districts formed prior to January 1, 9 1975, and combined school districts formed prior to July 1, 10 1983, when the territory of the school district is greater 11 than 2 congressional townships, or 72 square miles and when 12 at least 75%, but not more than 90%, of the population 13 resides in one congressional township. In this case, 4 14 school board members shall be selected from that one 15 congressional township and the 3 remaining board members 16 shall be selected from the rest of the district. If a school 17 district from which school board members are to be selected 18 is located in a county under township organization and if the 19 surveyed boundaries of a congressional township from which 20 one or more of those school board members is to be selected, 21 as described by township number and range, are coterminous 22 with the boundaries of the township as identified by the 23 township name assigned to it as a political subdivision of 24 the State, then that township may be referred to on the 25 ballot by both its township name and by township number and 26 range.) 27 OFFICIAL BALLOT 28 Instructions to voter: Membership on the board of 29 education is to consist of 4 members from the congressional 30 township that has at least 75% but not more than 90% of the 31 population, and 3 board members from the remaining 32 congressional townships in the school district. On the basis 33 of existing board membership, members may be elected in the 34 following numbers from each congressional township. SB745 Engrossed -588- LRB9101253EGfg 1 FOR MEMBER OF THE BOARD OF EDUCATION 2 TO SERVE AN UNEXPIRED 2-YEAR TERM 3 FROM (name)........ TOWNSHIP ..... RANGE ..... 4 VOTE FOR ONE 5 ( ).......................... 6 ( ).......................... 7 FOR MEMBERS OF THE BOARD OF EDUCATION 8 TO SERVE A FULL 4-YEAR TERM 9 VOTE FOR .... 10 ..... shall be elected from (name)...... Township ..... 11 Range .....; ...... board members shall be elected from the 12 remaining congressional townships. 13 (name)....... TOWNSHIP ..... RANGE ..... 14 ( ) ............................ 15 ( ) ............................ 16 The Remaining Congressional Townships 17 ( ) ............................ 18 ( ) ............................ 19 (FORMAT 6 20 Ballot position for candidates shall be determined by the 21 order of petition filing or lottery held pursuant to Section 22 9-11.1. 23 This format is used by school districts in which voters 24 have approved a referendum to elect school board members by 25 school board district. The school district is then divided 26 into 7 school board districts, each of which elects one 27 member to the board of education.) 28 OFFICIAL BALLOT 29 DISTRICT ....... (1 through 7) 30 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 31 A FULL 4-YEAR TERM 32 VOTE FOR ONE 33 ( ) ..................................... 34 ( ) ..................................... SB745 Engrossed -589- LRB9101253EGfg 1 ( ) ..................................... 2 (-OR-) 3 OFFICIAL BALLOT 4 DISTRICT ....... (1 through 7) 5 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 6 AN UNEXPIRED 2-YEAR TERM 7 VOTE FOR ONE 8 ( ) ..................................... 9 ( ) ..................................... 10 ( ) ..................................... 11 REVERSE SIDE: 12 OFFICIAL BALLOT 13 DISTRICT ....... (1 through 7) 14 (Precinct name or number) 15 School District No. ......, ........... County, Illinois 16 Election Tuesday (insert date)..........., 19......17 (facsimile signature of Election Authority) 18 (County) 19 (FORMAT 7 20 Ballot position for incorporated and unincorporated areas 21 shall be determined by the order of petition filing or 22 lottery held pursuant to Sections 9-11.1 and 9-11.2. 23 This format is used by high school districts if more than 24 15% but less than 30% of the taxable property is located in 25 the unincorporated territory of the school district. In this 26 case, at least one board member shall be a resident of the 27 unincorporated territory.) 28 OFFICIAL BALLOT 29 Instructions to voter: More than 15% but less than 30% of 30 the taxable property of this high school district is located 31 in the unincorporated territory of the district, therefore, 32 at least one board member shall be a resident of the 33 unincorporated areas. 34 On the basis of existing board membership, at least one SB745 Engrossed -590- LRB9101253EGfg 1 member shall be elected from the unincorporated area. 2 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 3 A FULL 4-YEAR TERM 4 VOTE FOR .... 5 ................... Area 6 ( ) ........................... 7 ( ) ........................... 8 ................... Area 9 ( ) ........................... 10 ( ) ........................... 11 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 12 AN UNEXPIRED 2-YEAR TERM 13 VOTE FOR .... 14 ................... Area 15 ( ) ........................... 16 ( ) ........................... 17 ................... Area 18 ( ) ........................... 19 ( ) ........................... 20 (FORMAT 7a 21 Ballot position for candidates shall be determined by the 22 order of petition filing or lottery held pursuant to Sections 23 9-11.1 and 9-11.2. 24 This format is used by high school districts if more than 25 15% but less than 30% of the taxable property is located in 26 the unincorporated territory of the school district and on 27 the basis of existing board membership no board member is 28 required to be elected from the unincorporated area.) 29 OFFICIAL BALLOT 30 Instruction to voter: More than 15% but less than 30% of 31 the taxable property of this high school district is located 32 in the unincorporated territory of the district, therefore, 33 at least one board member shall be a resident of the 34 unincorporated areas. SB745 Engrossed -591- LRB9101253EGfg 1 On the basis of existing board membership, members may be 2 elected from any area or areas. 3 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 4 A FULL 4-YEAR TERM 5 VOTE FOR .... 6 ( ) ........................................ 7 ( ) ........................................ 8 ( ) ........................................ 9 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 10 AN UNEXPIRED 2-YEAR TERM 11 VOTE FOR .... 12 ( ) ........................................ 13 ( ) ........................................ 14 ( ) ........................................ 15 (FORMAT 8 16 Ballot position for incorporated and unincorporated areas 17 shall be determined by the order of petition filing or 18 lottery held pursuant to Sections 9-11.1 and 9-11.2. 19 This format is used by high school districts if more than 20 30% of the taxable property is located in the unincorporated 21 territory of the school district. In this case, at least two 22 board members shall be residents of the unincorporated 23 territory.) 24 OFFICIAL BALLOT 25 Instructions to voters: Thirty percent (30%) or more of 26 the taxable property of this high school district is located 27 in the unincorporated territory of the district, therefore, 28 at least two board members shall be residents of the 29 unincorporated territory. 30 On the basis of existing board membership at least 2 31 members shall be elected from the unincorporated area. 32 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 33 A FULL 4-YEAR TERM 34 VOTE FOR .... SB745 Engrossed -592- LRB9101253EGfg 1 ................... Area 2 ( ) ........................... 3 ( ) ........................... 4 ................... Area 5 ( ) ........................... 6 ( ) ........................... 7 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 8 AN UNEXPIRED 2-YEAR TERM 9 VOTE FOR .... 10 ................... Area 11 ( ) ........................... 12 ( ) ........................... 13 ................... Area 14 ( ) ........................... 15 ( ) ........................... 16 (FORMAT 8a 17 Ballot position for incorporated and unincorporated areas 18 shall be determined by the order of petition filing or 19 lottery held pursuant to Sections 9-11.1 and 9-11.2. 20 This format is used by high school districts if more than 21 30% of the taxable property is located in the unincorporated 22 territory of the school district. In this case, at least two 23 board members shall be residents of the unincorporated 24 territory.) 25 OFFICIAL BALLOT 26 Instructions to voters: Thirty percent (30%) or more of 27 the taxable property of this high school district is located 28 in the unincorporated territory of the district, therefore, 29 at least two board members shall be residents of the 30 unincorporated territory. 31 On the basis of existing board membership at least one 32 member shall be elected from the unincorporated area. 33 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 34 A FULL 4-YEAR TERM SB745 Engrossed -593- LRB9101253EGfg 1 VOTE FOR .... 2 ................... Area 3 ( ) ........................... 4 ( ) ........................... 5 ................... Area 6 ( ) ........................... 7 ( ) ........................... 8 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 9 AN UNEXPIRED 2-YEAR TERM 10 VOTE FOR .... 11 ................... Area 12 ( ) ........................... 13 ( ) ........................... 14 ................... Area 15 ( ) ........................... 16 ( ) ........................... 17 (FORMAT 8b 18 Ballot position for incorporated and unincorporated areas 19 shall be determined by the order of petition filing or 20 lottery held pursuant to Sections 9-11.1 and 9-11.2. 21 This format is used by high school districts if more than 22 30% of the taxable property is located in the unincorporated 23 territory of the school district. In this case, at least two 24 board members shall be residents of the unincorporated 25 territory.) 26 OFFICIAL BALLOT 27 Instructions to voters: Thirty percent (30%) or more of 28 the taxable property of this high school district is located 29 in the unincorporated territory of the district, therefore, 30 at least two board members shall be residents of the 31 unincorporated territory. 32 On the basis of existing board membership, members may be 33 elected from any area or areas. 34 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE SB745 Engrossed -594- LRB9101253EGfg 1 A FULL 4-YEAR TERM 2 VOTE FOR .... 3 ( ) ........................... 4 ( ) ........................... 5 ( ) ........................... 6 ( ) ........................... 7 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 8 AN UNEXPIRED 2-YEAR TERM 9 VOTE FOR .... 10 ( ) ........................... 11 ( ) ........................... 12 ( ) ........................... 13 ( ) ........................... 14 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95; 15 89-579, eff. 7-30-96; 90-14, eff. 7-1-97; 90-459, eff. 16 8-17-97; revised 10-19-98.) 17 (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1) 18 Sec. 9-12.1. (a) On the reverse side of each ballot 19 contained in Section 9-12, except the ballot under Format 6, 20 shall be printed the following: 21 OFFICIAL BALLOT 22 ..... County, Illinois 23 School District No. ...., ...... County, Illinois 24 Election Tuesday, (insert date)...., 19...25 (facsimile signature of the election authority) 26 (b) If 6-year terms have been adopted under Section 9-5, 27 or if a ballot is to be used to elect a member or members of 28 a board of school directors or board of education at the 29 consolidated election held in April of 1999 or April of 2001 30 to a full term that is less than a 4-year term, appropriate 31 adjustments should be made to each ballot in Section 9-12. 32 In the case of any unexpired term each ballot format must 33 indicate whether it is a 4-year or a 2-year unexpired term. SB745 Engrossed -595- LRB9101253EGfg 1 (Source: P.A. 90-637, eff. 7-24-98; revised 10-19-98.) 2 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5) 3 Sec. 10-5. Organization of board - Report to treasurer 4 and regional superintendent of schools. Within 7 days after 5 the regular election of directors, the directors shall meet 6 and organize by appointing one of their number president and 7 another as clerk, except that when directors are elected at 8 the consolidated elections in April of 1999 and April of 9 2001, the directors shall meet and organize, in the manner 10 provided by this Section, within 7 days after the first 11 Tuesday after the first Monday of November in each of those 2 12 years. The clerk shall at once report to the treasurer and 13 regional superintendent of schools the names of the president 14 and clerk so appointed. Upon organizing itself as provided 15 in this Section, the board of school directors shall enter 16 upon the discharge of its duties. Terms of members are 17 subject to Section 2A-54 of the Election Code, except as 18 otherwise limited by subsection (c) of Section 10-4. 19 (Source: P.A. 90-358, eff. 1-1-98; 90-637, eff. 7-24-98; 20 90-757, eff. 8-14-98; revised 9-16-98.) 21 (105 ILCS 5/10-18) (from Ch. 122, par. 10-18) 22 Sec. 10-18. Orders. 23 Every order issued by the school board shall state for 24 what purposes or on what account it is issued, and shall be 25 in the following form: 26 $.... State of Illinois, (insert date)...., 19..27 THE TREASURER 28 (Insert name) 29 Of School District No. .... in .... County, 30 Pay to the order of .... the sum of .... Dollars, for........ 31 ............................................................. 32 ............................................................. SB745 Engrossed -596- LRB9101253EGfg 1 By order of the School Board of 2 District No. ...., in said County. 3 Order No. .... 4 ...................President 5 ........Clerk (or Secretary) 6 An order paid in full and properly endorsed shall be a 7 sufficient receipt for the purposes of this Act. The school 8 board shall issue no order, except for teachers' wages, 9 unless at the time there are sufficient funds in the hands of 10 the treasurer to pay it. 11 (Source: Laws 1961, p. 31; revised 10-19-98.) 12 (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b) 13 Sec. 10-22.22b. (a) The provisions of this subsection 14 shall not apply to the deactivation of a high school facility 15 under subsection (c). Where in its judgment the interests of 16 the district and of the students therein will be best served, 17 to deactivate any high school facility in the district and 18 send the students of such high school in grades 9 through 12 19 to schools in other districts. Such action may be taken only 20 with the approval of the voters in the district and the 21 approval, by proper resolution, of the school board of the 22 receiving district. The board of the district contemplating 23 deactivation shall, by proper resolution, cause the 24 proposition to deactivate the high school facility to be 25 submitted to the voters of the district at a regularly 26 scheduled election. Notice shall be published at least 10 27 days prior to the date of the election at least once in one 28 or more newspapers published in the district or, if no 29 newspaper is published in the district, in one or more 30 newspapers with a general circulation within the district . 31 The notice shall be substantially in the following form: 32 NOTICE OF REFERENDUM TO 33 DEACTIVATE THE ... HIGH SCHOOL FACILITY SB745 Engrossed -597- LRB9101253EGfg 1 IN SCHOOL DISTRICT NO. ........ 2 Notice is hereby given that on (insert date),the ....3day of ...., 19..,a referendum will be held in ........ 4 County (Counties) for the purpose of voting for or against 5 the proposition to deactivate the ...... High School facility 6 in School District No. ...... and to send pupils in ...... 7 High School to School District(s) No. ....... 8 The polls will be open at .... o'clock ... m., and close 9 at .... o'clock ... m. of the same day. 10 A............ B............... 11 Dated (insert date).this .... day of ....., 19...12 Regional Superintendent of Schools 13 The proposition shall be in substantially the following form: 14 ------------------------------------------------------------- 15 Shall the Board 16 of Education of School 17 District No. ...., YES 18 ..... County, Illinois, be 19 authorized to deactivate ----------------------------- 20 the .... High School facility 21 and to send pupils in ....... NO 22 High School to School 23 District(s) No. .....? 24 ------------------------------------------------------------- 25 If the majority of those voting upon the proposition in the 26 district contemplating deactivation vote in favor of the 27 proposition, the board of that district, upon approval of the 28 board of the receiving district, shall execute a contract 29 with the receiving district providing for the reassignment of 30 students to the receiving district. If the deactivating 31 district seeks to send its students to more than one 32 district, it shall execute a contract with each receiving 33 district. The length of the contract shall be for 2 school 34 years, but the districts may renew the contract for SB745 Engrossed -598- LRB9101253EGfg 1 additional one year or 2 year periods. Contract renewals 2 shall be executed by January 1 of the year in which the 3 existing contract expires. If the majority of those voting 4 upon the proposition do not vote in favor of the proposition, 5 the school facility may not be deactivated. 6 The sending district shall pay to the receiving district 7 an amount agreed upon by the 2 districts. 8 When the deactivation of high school facilities becomes 9 effective pursuant to this Section, the provisions of Section 10 24-12 relative to the contractual continued service status of 11 teachers having contractual continued service whose positions 12 are transferred from one board to the control of a different 13 board shall apply, and the positions at the high school 14 facilities being deactivated held by teachers, as that term 15 is defined in Section 24-11, having contractual continued 16 service with the school district at the time of the 17 deactivation shall be transferred to the control of the board 18 or boards who shall be receiving the district's high school 19 students on the following basis: 20 (1) positions of such teachers in contractual 21 continued service that were full time positions shall be 22 transferred to the control of whichever of such boards 23 such teachers shall request with the teachers making such 24 requests proceeding in the order of those with the 25 greatest length of continuing service with the board to 26 those with the shortest length of continuing service with 27 the board, provided that the number selecting one board 28 over another board or other boards shall not exceed that 29 proportion of the high school students going to such 30 board or boards; and 31 (2) positions of such teachers in contractual 32 continued service that were full time positions and as to 33 which there is no selection left under subparagraph 1 34 hereof shall be transferred to the appropriate board. SB745 Engrossed -599- LRB9101253EGfg 1 The contractual continued service status of any teacher 2 thereby transferred to another district is not lost and the 3 receiving board is subject to the School Code with respect to 4 such transferred teacher in the same manner as if such 5 teacher was the district's employee during the time such 6 teacher was actually employed by the board of the 7 deactivating district from which the position was 8 transferred. 9 (b) The provisions of this subsection shall not apply 10 to the reactivation of a high school facility which is 11 deactivated under subsection (c). The sending district may, 12 with the approval of the voters in the district, reactivate 13 the high school facility which was deactivated. The board of 14 the district seeking to reactivate the school facility shall, 15 by proper resolution, cause the proposition to reactivate to 16 be submitted to the voters of the district at a regularly 17 scheduled election. Notice shall be published at least 10 18 days prior to the date of the election at least once in one 19 or more newspapers published in the district or, if no 20 newspaper is published in the district, in one or more 21 newspapers with a general circulation within the district. 22 The notice shall be substantially in the following form: 23 NOTICE OF REFERENDUM TO 24 REACTIVATE THE ...... HIGH SCHOOL FACILITY 25 IN SCHOOL DISTRICT NO. ...... 26 Notice is hereby given that on (insert date),the ....27day of ...., 19..,a referendum will be held in ...... County 28 (Counties) for the purpose of voting for or against the 29 proposition to reactivate the ..... High School facility in 30 School District No. ..... and to discontinue sending pupils 31 of School District No. ...... to School District(s) No. ..... 32 The polls will be opened at ... o'clock .. m., and closed 33 at ... o'clock .. m. of the same day. 34 A............. B............ SB745 Engrossed -600- LRB9101253EGfg 1 Dated (insert date).this .... day of ...., 19...2 Regional Superintendent of Schools 3 The proposition shall be in substantially the following form: 4 ------------------------------------------------------------- 5 Shall the Board 6 of Education of School YES 7 District No. ......, 8 ...... County, Illinois, 9 be authorized to ------------------------ 10 reactivate the .... High School 11 facility and to discontinue sending 12 pupils of School District No. .... NO 13 to School District(s) No. ......? 14 ------------------------------------------------------------- 15 (c) The school board of any unit school district which 16 experienced a strike by a majority of its certified employees 17 that endured for over 6 months during the regular school term 18 of the 1986-1987 school year, and which during the ensuing 19 1987-1988 school year had an enrollment in grades 9 through 20 12 of less than 125 students may, when in its judgment the 21 interests of the district and of the students therein will be 22 best served thereby, deactivate the high school facilities 23 within the district for the regular term of the 1988-1989 24 school year and, for that school year only, send the students 25 of such high school in grades 9 through 12 to schools in 26 adjoining or adjacent districts. Such action may only be 27 taken: (a) by proper resolution of the school board 28 deactivating its high school facilities and the approval, by 29 proper resolution, of the school board of the receiving 30 district or districts, and (b) pursuant to a contract between 31 the sending and each receiving district, which contract or 32 contracts: (i) shall provide for the reassignment of all 33 students of the deactivated high school in grades 9 through 34 12 to the receiving district or districts; (ii) shall apply SB745 Engrossed -601- LRB9101253EGfg 1 only to the regular school term of the 1988-1989 school year; 2 (iii) shall not be subject to renewal or extension; and (iv) 3 shall require the sending district to pay to the receiving 4 district the cost of educating each student who is reassigned 5 to the receiving district, such costs to be an amount agreed 6 upon by the sending and receiving district but not less than 7 the per capita cost of maintaining the high school in the 8 receiving district during the 1987-1988 school year. Any 9 high school facility deactivated pursuant to this subsection 10 for the regular school term of the 1988-1989 school year 11 shall be reactivated by operation of law as of the end of the 12 regular term of the 1988-1989 school year. The status as a 13 unit school district of a district which deactivates its high 14 school facilities pursuant to this subsection shall not be 15 affected by reason of such deactivation of its high school 16 facilities and such district shall continue to be deemed in 17 law a school district maintaining grades kindergarten through 18 12 for all purposes relating to the levy, extension, 19 collection and payment of the taxes of the district under 20 Article 17 for the 1988-1989 school year. 21 (d) Whenever a high school facility is reactivated 22 pursuant to the provisions of this Section, then all teachers 23 in contractual continued service who were honorably dismissed 24 or transferred as part of the deactivation process, in 25 addition to other rights they may have under The School Code, 26 shall be recalled or transferred back to the original 27 district. 28 (Source: P.A. 88-6; revised 10-20-98.) 29 (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c) 30 Sec. 10-22.22c. (a) Subject to the following provisions 31 of this Section two or more contiguous school districts each 32 of which has an enrollment in grades 9 through 12 of less 33 than 600 students may, when in their judgment the interest of SB745 Engrossed -602- LRB9101253EGfg 1 the districts and of the students therein will be best 2 served, jointly operate one or more cooperative high school 3 attendance centers. Such action shall be taken for a minimum 4 period of 5 school years, and may be taken only with the 5 approval of the voters of each district. A district with 600 6 or more students enrolled in grades 9 through 12 may qualify 7 for inclusion with one or more districts having less than 8 600 such students by receiving a size waiver from the State 9 Board of Education based on a finding that such inclusion 10 would significantly increase the educational opportunities of 11 the district's students, and by meeting the other 12 prerequisites of this Section. The board of each district 13 contemplating such joint operation shall, by proper 14 resolution, cause the proposition to enter into such joint 15 operation to be submitted to the voters of the district at a 16 regularly scheduled election. Notice shall be published at 17 least 10 days prior to the date of the election at least once 18 in one or more newspapers published in the district or, if no 19 newspaper is published in the district, in one or more 20 newspapers with a general circulation within the district. 21 The notice shall be substantially in the following form: 22 NOTICE OF REFERENDUM FOR SCHOOL DISTRICT 23 NO. ....... AND SCHOOL DISTRICT NO. ....... 24 TO JOINTLY OPERATE (A) COOPERATIVE HIGH 25 SCHOOL ATTENDANCE CENTER (CENTERS) 26 Notice is hereby given that on (insert date),the .......27day of ......., 19....,a referendum will be held in ....... 28 County (Counties) for the purpose of voting for or against 29 the proposition for School District No. ....... and School 30 District No. ....... to jointly operate (a) cooperative high 31 school attendance center (centers). 32 The polls will be open at ....... o'clock....... m., and 33 close at ....... o'clock....... m., of the same day. 34 A ........ B ........ SB745 Engrossed -603- LRB9101253EGfg 1 Dated (insert date). 2this ....... day of ......., 19......3 Regional Superintendent of Schools 4 The proposition shall be in substantially the following 5 form: 6 ------------------------------------------------------------- 7 Shall the Board of Education of 8 School District No. ...., ..... YES 9 County (Counties), Illinois be 10 authorized to enter with 11 into an agreement with School ---------------------- 12 District No. ...., .... County 13 (Counties), Illinois to jointly 14 operate (a) cooperative high NO 15 school attendance center (centers)? 16 ------------------------------------------------------------- 17 If the majority of those voting on the proposition in each 18 district vote in favor of the proposition, the school boards 19 of the participating districts may, if they agree on terms, 20 execute a contract for such joint operation subject to the 21 following provisions of this Section. 22 (b) The agreement for joint operation of any such 23 cooperative high school attendance center shall be executed 24 on forms provided by the State Board of Education and shall 25 include, but not be limited to, a process to resolve disputes 26 on matter which each participating district cannot agree, 27 provisions for administration, staff, programs, financing and 28 transportation subject to the provisions of this Section. 29 Such agreements may be modified, extended, or terminated by 30 approval of each of the participating districts. Even if 2 31 or more of the participating district boards approve an 32 extension of the agreement, any other participating district 33 shall, upon failure of its board to approve such extension, 34 disengage from such participation at the end of the then SB745 Engrossed -604- LRB9101253EGfg 1 current agreement term. 2 (c) An advisory board, which shall govern the operation 3 of any such cooperative high school attendance center, shall 4 be composed of an equal number of board members from each of 5 the participating districts, except that where all 6 participating district boards concur, membership on the 7 advisory board may be apportioned to reflect the number of 8 students in each respective district. The membership of the 9 advisory board shall be not less than 6 nor more than 10. 10 The school board of each participating district shall select, 11 from its membership, its representatives on the advisory 12 board. The advisory board shall prepare and recommend a 13 budget for the cooperative high school attendance center 14 which must be approved by each of the participating 15 districts. 16 (d) Each participating school district shall provide any 17 necessary transportation for students residing in the 18 district, or enter into an agreement with the other 19 participating districts for transportation of its students. 20 (e) Each participating district shall pay its per capita 21 cost of educating the students residing in its district and 22 attending any such cooperative high school attendance center 23 into the budget for the maintenance and operation of the 24 cooperative high school attendance center or centers. 25 Such per capita cost shall be computed in the following 26 manner. The cost of operating and maintaining each such 27 cooperative high school attendance center shall be first 28 determined by the advisory board and shall include the 29 following expenses applicable only to each such attendance 30 center under rules and regulations established by the State 31 Board of Education as follows: 32 (1) Salaries of principals, teachers, professional 33 workers, necessary noncertified workers, clerks, librarians, 34 custodial employees, and any district taxes levied SB745 Engrossed -605- LRB9101253EGfg 1 specifically for their pension and retirement benefits. 2 (2) Educational supplies and equipment, including 3 textbooks. 4 (3) Administrative costs and communication. 5 (4) Operation of physical plant, including heat, light, 6 water, repairs, and maintenance. 7 (5) Auxiliary service, including up to 20% of 8 unreimbursed transportation costs. 9 (6) Depreciation of physical facilities at a rate not to 10 exceed $200 per pupil. 11 (f) Additional school districts having an enrollment in 12 grades 9 through 12 of less than 600 students may be added to 13 the agreement in accordance with the process described in 14 subsection (a) of this Section. In the event additional 15 districts are added, a new contract shall be executed in 16 accordance with the provisions of this Section. 17 (g) Administrators, teachers and other staff assigned to 18 the cooperative high school attendance center or centers by 19 participating school districts shall continue to be subject 20 to employment by and to maintain all rights, privileges and 21 benefits in the districts from which they were assigned, 22 however, the participating districts may jointly employ a 23 principal to oversee the administration of the cooperative 24 high school attendance center agreement provided the 25 principal does not have authority to employ or terminate the 26 employment of other personnel. 27 (Source: P.A. 85-759; 85-1005; revised 10-20-98.) 28 (105 ILCS 5/11A-5) (from Ch. 122, par. 11A-5) 29 Sec. 11A-5. Holding of election. 30 (a) Elections provided by this Article shall be 31 conducted in accordance with the general election law. 32 (b) The notice shall be in substantially the following 33 form: SB745 Engrossed -606- LRB9101253EGfg 1 NOTICE OF REFERENDUM TO ESTABLISH 2 A COMMUNITY UNIT DISTRICT 3 NOTICE is hereby given that on (insert date),the4... day of ... 19 ..,a referendum will be held in 5 part(s) of ..... county (counties) for the purpose of 6 voting for or against the proposition to establish a 7 community unit school district for the following 8 described territory: (Here describe territory by 9 districts or portions thereof, numbering them.) 10 The election is called and will be held pursuant to 11 an order of the Regional Superintendent dated on (insert 12 date),the ... day of ..., 19 ..which order states that 13 the tax rates for educational, operations and maintenance 14 and the purchase and improvements of school grounds, 15 pupil transportation, and fire prevention and safety 16 purposes, respectively, for the proposed community unit 17 school district shall be ..... for educational purposes, 18 ..... for operations and maintenance purposes and the 19 purchase and improvements of school grounds, ..... for 20 pupil transportation purposes, and .... for fire 21 prevention and safety purposes, and which rates shall 22 constitute the tax rates for the community unit school 23 district, if a majority of the voters in each of the 24 affected school districts voting on the proposition at 25 the referendum vote in favor thereof. 26 Dated (insert date).this ..... day of ... 19 ..27 Regional Superintendent of Schools 28 .................................. 29 (c) Whenever the members of the board of education of 30 the community unit school district proposed to be established 31 are to be elected at the same election at which the 32 proposition to establish that district is to be submitted to 33 the voters, that fact shall be included in the notice. 34 (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.) SB745 Engrossed -607- LRB9101253EGfg 1 (105 ILCS 5/11B-5) (from Ch. 122, par. 11B-5) 2 Sec. 11B-5. Holding of election. 3 (a) Elections provided by this Article shall be 4 conducted in accordance with the general election law. 5 (b) The notice shall be in substantially the following 6 form: 7 NOTICE OF REFERENDUM 8 TO ESTABLISH COMBINED SCHOOL DISTRICT 9 NOTICE is hereby given that on (insert date),the10...... day of ...... 19......,a referendum will be held 11 in part(s) of ...... county (counties) for the purpose of 12 voting for or against the proposition to establish a 13 combined school district for the following described 14 territory: (Here describe territory by districts, 15 numbering them.) 16 The election is called and will be held pursuant to 17 an order of the Regional Superintendent dated on (insert 18 date),the ...... day of ......, 19......which order 19 states that the tax rates for educational, operations and 20 maintenance and the purchase and improvements of school 21 grounds, pupil transportation, and fire prevention and 22 safety purposes, respectively, for said proposed combined 23 school district shall be ...... for educational purposes, 24 ...... for operations and maintenance purposes and the 25 purchase and improvements of school grounds, ..... for 26 pupil transportation purposes, and ..... for fire 27 prevention and safety purposes, and which rates shall 28 constitute the tax rates for the combined school 29 district, if a majority of the voters voting on the 30 proposition at the referendum vote in favor thereof. 31 Dated (insert date). 32this ...... day of ...... 19......33 Regional Superintendent of Schools 34 ................................... SB745 Engrossed -608- LRB9101253EGfg 1 (c) Whenever the members of the board of education of 2 the combined school district proposed to be established are 3 to be elected at the same election at which the proposition 4 to establish that district is to be submitted to the voters, 5 that fact shall be included in the notice. 6 (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.) 7 (105 ILCS 5/11D-4) (from Ch. 122, par. 11D-4) 8 Sec. 11D-4. Holding of election. 9 (a) Elections provided by this Article shall be 10 conducted in accordance with the general election law. 11 (b) The notice shall be in substantially the following 12 form: 13 NOTICE OF REFERENDUM TO DISSOLVE CERTAIN SCHOOL 14 DISTRICTS AND ESTABLISH CERTAIN NEW SCHOOL DISTRICTS 15 NOTICE is hereby given that on (insert date),the16... day of ... 19 ..,a referendum will be held in 17 part(s) of ..... county (counties) for the purpose of 18 voting for or against the proposition to dissolve (here 19 name the districts to be dissolved) and to establish new 20 school districts for the following described territory: 21 (Here describe territory by districts, numbering them.) 22 The election is called and will be held pursuant to 23 an order of the Regional Superintendent dated on (insert 24 date),the ... day of ..., 19 ..which order states that 25 the tax rates for educational, operations and 26 maintenance, pupil transportation, and fire prevention 27 and safety purposes, respectively, for the proposed new 28 school districts shall be as follows (stating the 29 following separately for each of the new school districts 30 proposed to be established): 31 For .... (here state elementary or high school) 32 District No. ...., tax rates of ..... for educational 33 purposes, ..... for operations and maintenance purposes, SB745 Engrossed -609- LRB9101253EGfg 1 ... for pupil transportation purposes, and ... for fire 2 prevention and safety purposes, and which rates shall 3 constitute the tax rates for .... (here state elementary 4 or high school) District No. ...., if a majority of the 5 voters voting on the proposition at the referendum vote 6 in favor thereof. 7 Dated (insert date).this ..... day of ... 19 ..8 Regional Superintendent of Schools 9 .................................. 10 (c) Whenever the members of a board of education of a 11 high school or elementary school district proposed to be 12 established are to be elected at the same election at which 13 the proposition to establish that district is to be submitted 14 to the voters, that fact shall be included in the notice. 15 (Source: P.A. 86-1334; 87-10; 87-185; 87-895; revised 16 10-20-98.) 17 (105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1) 18 Sec. 12-11.1. Tax levy. Levy a tax annually upon all the 19 taxable property of the district not to exceed 1% of value as 20 equalized or assessed by the Department of Revenue, for the 21 purpose of paying the tuition of all eighth-grade graduates 22 residing within the district attending any recognized high 23 school. The board of education of such nonhigh school 24 district may by proper resolution cause a proposition to 25 increase the annual tax rate for such purpose to be submitted 26 to the voters of such district at any regular scheduled 27 election. The rate shall not be increased at any single 28 referendum more than 0.21% upon the value as equalized or 29 assessed by the Department of Revenue for such purpose, and 30 the maximum rate for such purpose shall not exceed 1.60%. 31 Such amount shall be certified and returned to the county 32 clerk on or before the last Tuesday in September of each 33 year. The certificate shall be signed by the president and SB745 Engrossed -610- LRB9101253EGfg 1 the secretary of the board and may be in the following form: 2 CERTIFICATE OF TAX LEVY 3 We hereby certify that we require the sum of .... dollars 4 to be levied as a special tax to pay the tuition of graduates 5 of the eighth grade residing in the nonhigh school district 6 of .... County, on the equalized assessed valuation of the 7 taxable property of our nonhigh school district. 8 Signed on (insert date).this.... day of...., 19...9 A..... B....., President 10 C..... D....., Secretary 11 A failure to certify and return the certificate of tax 12 levy to the county clerk in the time required shall not 13 vitiate the assessment. 14 (Source: P.A. 81-1489; 81-1509; revised 10-20-98.) 15 (105 ILCS 5/14A-4) (from Ch. 122, par. 14A-4) 16 Sec. 14A-4. Advisory Council. There is hereby created an 17 Advisory Council on Education of Gifted Children to consist 18 of 7 members appointed by the State Board of Education, who 19 shall hold office for 4 years. Vacancies shall be filled in 20 like manner for the unexpired balance of the term only. 21 Members holding office on the effective date of this 22 amendatory Act of 1983 shall continue to serve for the term 23 to which they were appointed, but their successors shall be 24 appointed for terms of 4 years. 25 The members appointed shall be citizens of the United 26 States and of this State and shall be selected, as far as may 27 be practicable, on the basis of their knowledge of, or 28 experience in, programs and problems of the education of 29 gifted children. The State Board of Education shall take 30 into consideration recommendationsrecommmendationsfor 31 membership on the Council from statewide teacher 32 organizations. 33 The State Board of Education shall seek the advice of the SB745 Engrossed -611- LRB9101253EGfg 1 Advisory Council regarding all rules or regulations to be 2 promulgated by the State Board. 3 The Council shall organize with a chairman selected by 4 the Council members and shall meet at the call of the 5 chairman upon 10 days'ten dayswritten notice but not less 6 than 4fourtimes in each calendar year. The Council shall 7 consider any rule or regulation proposed by the State Board 8 of Education within 40 days after its receipt by the 9 chairman. Members of the Council shall serve without 10 compensation but shall be entitled to reasonable amounts for 11 expenses necessarily incurred in the performance of their 12 duties. 13 The State Board of Education shall designate an employee 14 of the State Board to act as executive secretary of the 15 Council and shall furnish all clerical assistance necessary 16 for the performance of its powers and duties. 17 (Source: P.A. 83-252; revised 2-24-98.) 18 (105 ILCS 5/17-2C) 19 Sec. 17-2C. Transfer from Tort Immunity Fund by 20 financially distressed school districts. The school board of 21 any school district that is certified under Section 19-1.5 as 22 a financially distressed school district may by resolution 23 transfer from the Tort Immunity Fund to any other school 24 district fund an amount of money not to exceed the lesser of 25 $2,500,000 or 0.6% of the value of the taxable property 26 within the district, provided the amount transferred is not 27 then required for the payment of any liabilities created by a 28 settlement or a tort judgement, defense costs, or for the 29 payment of any liabilities under the Unemployment Insurance 30 Act, Workers' Compensation Act, Workers' Occupational 31 Diseases Act, or risk care management programs. 32 (Source: P.A. 88-641, eff. 9-9-94; revised 10-31-98.) SB745 Engrossed -612- LRB9101253EGfg 1 (105 ILCS 5/17-11) (from Ch. 122, par. 17-11) 2 Sec. 17-11. Certificate of tax levy. The school board 3 of each district shall ascertain, as near as practicable, 4 annually, how much money must be raised by special tax for 5 transportation purposes if any and for educational and for 6 operations and maintenance purposes for the next ensuing 7 year. In school districts with a population of less than 8 500,000, these amounts shall be certified and returned to 9 each county clerk on or before the last Tuesday in December, 10 annually. The certificate shall be signed by the president 11 and clerk or secretary, and may be in the following form: 12 CERTIFICATE OF TAX LEVY 13 We hereby certify that we require the sum of ...... 14 dollars, to be levied as a special tax for transportation 15 purposes and the sum of ...... dollars to be levied as a 16 special tax for educational purposes, and the sum ...... 17 dollars to be levied as a special tax for operations and 18 maintenance purposes, and the sum of ...... to be levied as a 19 special tax for a working cash fund, on the equalized 20 assessed value of the taxable property of our district, for 21 the year (insert year).19.....22 Signed on (insert date).this ....... day of23..............., 19....24 A ........... B ............., President 25 C ........... D............., Clerk (Secretary) 26 Dist. No. .........., ............ County 27 A failure by the school board to file the certificate 28 with the county clerk in the time required shall not vitiate 29 the assessment. 30 (Source: P.A. 86-13; 86-1334; 87-17; revised 10-20-98.) 31 (105 ILCS 5/18-8.05) 32 Sec. 18-8.05. Basis for apportionment of general State 33 financial aid and supplemental general State aid to the SB745 Engrossed -613- LRB9101253EGfg 1 common schools for the 1998-1999 and subsequent school years. 2 (A) General Provisions. 3 (1) The provisions of this Section apply to the 4 1998-1999 and subsequent school years. The system of general 5 State financial aid provided for in this Section is designed 6 to assure that, through a combination of State financial aid 7 and required local resources, the financial support provided 8 each pupil in Average Daily Attendance equals or exceeds a 9 prescribed per pupil Foundation Level. This formula approach 10 imputes a level of per pupil Available Local Resources and 11 provides for the basis to calculate a per pupil level of 12 general State financial aid that, when added to Available 13 Local Resources, equals or exceeds the Foundation Level. The 14 amount of per pupil general State financial aid for school 15 districts, in general, varies in inverse relation to 16 Available Local Resources. Per pupil amounts are based upon 17 each school district's Average Daily Attendance as that term 18 is defined in this Section. 19 (2) In addition to general State financial aid, school 20 districts with specified levels or concentrations of pupils 21 from low income households are eligible to receive 22 supplemental general State financial aid grants as provided 23 pursuant to subsection (H). The supplemental State aid grants 24 provided for school districts under subsection (H) shall be 25 appropriated for distribution to school districts as part of 26 the same line item in which the general State financial aid 27 of school districts is appropriated under this Section. 28 (3) To receive financial assistance under this Section, 29 school districts are required to file claims with the State 30 Board of Education, subject to the following requirements: 31 (a) Any school district which fails for any given 32 school year to maintain school as required by law, or to 33 maintain a recognized school is not eligible to file for 34 such school year any claim upon the Common School Fund. SB745 Engrossed -614- LRB9101253EGfg 1 In case of nonrecognition of one or more attendance 2 centers in a school district otherwise operating 3 recognized schools, the claim of the district shall be 4 reduced in the proportion which the Average Daily 5 Attendance in the attendance center or centers bear to 6 the Average Daily Attendance in the school district. A 7 "recognized school" means any public school which meets 8 the standards as established for recognition by the State 9 Board of Education. A school district or attendance 10 center not having recognition status at the end of a 11 school term is entitled to receive State aid payments due 12 upon a legal claim which was filed while it was 13 recognized. 14 (b) School district claims filed under this Section 15 are subject to Sections 18-9, 18-10, and 18-12, except as 16 otherwise provided in this Section. 17 (c) If a school district operates a full year 18 school under Section 10-19.1, the general State aid to 19 the school district shall be determined by the State 20 Board of Education in accordance with this Section as 21 near as may be applicable. 22 (d) (Blank). 23 (4) Except as provided in subsections (H) and (L), the 24 board of any district receiving any of the grants provided 25 for in this Section may apply those funds to any fund so 26 received for which that board is authorized to make 27 expenditures by law. 28 School districts are not required to exert a minimum 29 Operating Tax Rate in order to qualify for assistance under 30 this Section. 31 (5) As used in this Section the following terms, when 32 capitalized, shall have the meaning ascribed herein: 33 (a) "Average Daily Attendance": A count of pupil 34 attendance in school, averaged as provided for in SB745 Engrossed -615- LRB9101253EGfg 1 subsection (C) and utilized in deriving per pupil 2 financial support levels. 3 (b) "Available Local Resources": A computation of 4 local financial support, calculated on the basis of 5 Average Daily Attendance and derived as provided pursuant 6 to subsection (D). 7 (c) "Corporate Personal Property Replacement 8 Taxes": Funds paid to local school districts pursuant to 9 "An Act in relation to the abolition of ad valorem 10 personal property tax and the replacement of revenues 11 lost thereby, and amending and repealing certain Acts and 12 parts of Acts in connection therewith", certified August 13 14, 1979, as amended (Public Act 81-1st S.S.-1). 14 (d) "Foundation Level": A prescribed level of per 15 pupil financial support as provided for in subsection 16 (B). 17 (e) "Operating Tax Rate": All school district 18 property taxes extended for all purposes, except Bond and 19 Interest, Summer School, Rent, Capital Improvement, and 20 Vocational Education Building purposes. 21 (B) Foundation Level. 22 (1) The Foundation Level is a figure established by the 23 State representing the minimum level of per pupil financial 24 support that should be available to provide for the basic 25 education of each pupil in Average Daily Attendance. As set 26 forth in this Section, each school district is assumed to 27 exert a sufficient local taxing effort such that, in 28 combination with the aggregate of general State financial aid 29 provided the district, an aggregate of State and local 30 resources are available to meet the basic education needs of 31 pupils in the district. 32 (2) For the 1998-1999 school year, the Foundation Level 33 of support is $4,225. For the 1999-2000 school year, the 34 Foundation Level of support is $4,325. For the 2000-2001 SB745 Engrossed -616- LRB9101253EGfg 1 school year, the Foundation Level of support is $4,425. 2 (3) For the 2001-2002 school year and each school year 3 thereafter, the Foundation Level of support is $4,425 or such 4 greater amount as may be established by law by the General 5 Assembly. 6 (C) Average Daily Attendance. 7 (1) For purposes of calculating general State aid 8 pursuant to subsection (E), an Average Daily Attendance 9 figure shall be utilized. The Average Daily Attendance 10 figure for formula calculation purposes shall be the monthly 11 average of the actual number of pupils in attendance of each 12 school district, as further averaged for the best 3 months of 13 pupil attendance for each school district. In compiling the 14 figures for the number of pupils in attendance, school 15 districts and the State Board of Education shall, for 16 purposes of general State aid funding, conform attendance 17 figures to the requirements of subsection (F). 18 (2) The Average Daily Attendance figures utilized in 19 subsection (E) shall be the requisite attendance data for the 20 school year immediately preceding the school year for which 21 general State aid is being calculated. 22 (D) Available Local Resources. 23 (1) For purposes of calculating general State aid 24 pursuant to subsection (E), a representation of Available 25 Local Resources per pupil, as that term is defined and 26 determined in this subsection, shall be utilized. Available 27 Local Resources per pupil shall include a calculated dollar 28 amount representing local school district revenues from local 29 property taxes and from Corporate Personal Property 30 Replacement Taxes, expressed on the basis of pupils in 31 Average Daily Attendance. 32 (2) In determining a school district's revenue from 33 local property taxes, the State Board of Education shall SB745 Engrossed -617- LRB9101253EGfg 1 utilize the equalized assessed valuation of all taxable 2 property of each school district as of September 30 of the 3 previous year. The equalized assessed valuation utilized 4 shall be obtained and determined as provided in subsection 5 (G). 6 (3) For school districts maintaining grades kindergarten 7 through 12, local property tax revenues per pupil shall be 8 calculated as the product of the applicable equalized 9 assessed valuation for the district multiplied by 3.00%, and 10 divided by the district's Average Daily Attendance figure. 11 For school districts maintaining grades kindergarten through 12 8, local property tax revenues per pupil shall be calculated 13 as the product of the applicable equalized assessed valuation 14 for the district multiplied by 2.30%, and divided by the 15 district's Average Daily Attendance figure. For school 16 districts maintaining grades 9 through 12, local property tax 17 revenues per pupil shall be the applicable equalized assessed 18 valuation of the district multiplied by 1.20%, and divided by 19 the district's Average Daily Attendance figure. 20 (4) The Corporate Personal Property Replacement Taxes 21 paid to each school district during the calendar year 2 years 22 before the calendar year in which a school year begins, 23 divided by the Average Daily Attendance figure for that 24 district, shall be added to the local property tax revenues 25 per pupil as derived by the application of the immediately 26 preceding paragraph (3). The sum of these per pupil figures 27 for each school district shall constitute Available Local 28 Resources as that term is utilized in subsection (E) in the 29 calculation of general State aid. 30 (E) Computation of General State Aid. 31 (1) For each school year, the amount of general State 32 aid allotted to a school district shall be computed by the 33 State Board of Education as provided in this subsection. 34 (2) For any school district for which Available Local SB745 Engrossed -618- LRB9101253EGfg 1 Resources per pupil is less than the product of 0.93 times 2 the Foundation Level, general State aid for that district 3 shall be calculated as an amount equal to the Foundation 4 Level minus Available Local Resources, multiplied by the 5 Average Daily Attendance of the school district. 6 (3) For any school district for which Available Local 7 Resources per pupil is equal to or greater than the product 8 of 0.93 times the Foundation Level and less than the product 9 of 1.75 times the Foundation Level, the general State aid per 10 pupil shall be a decimal proportion of the Foundation Level 11 derived using a linear algorithm. Under this linear 12 algorithm, the calculated general State aid per pupil shall 13 decline in direct linear fashion from 0.07 times the 14 Foundation Level for a school district with Available Local 15 Resources equal to the product of 0.93 times the Foundation 16 Level, to 0.05 times the Foundation Level for a school 17 district with Available Local Resources equal to the product 18 of 1.75 times the Foundation Level. The allocation of 19 general State aid for school districts subject to this 20 paragraph 3 shall be the calculated general State aid per 21 pupil figure multiplied by the Average Daily Attendance of 22 the school district. 23 (4) For any school district for which Available Local 24 Resources per pupil equals or exceeds the product of 1.75 25 times the Foundation Level, the general State aid for the 26 school district shall be calculated as the product of $218 27 multiplied by the Average Daily Attendance of the school 28 district. 29 (F) Compilation of Average Daily Attendance. 30 (1) Each school district shall, by July 1 of each year, 31 submit to the State Board of Education, on forms prescribed 32 by the State Board of Education, attendance figures for the 33 school year that began in the preceding calendar year. The 34 attendance information so transmitted shall identify the SB745 Engrossed -619- LRB9101253EGfg 1 average daily attendance figures for each month of the school 2 year, except that any days of attendance in August shall be 3 added to the month of September and any days of attendance in 4 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 Days of attendance by tuition pupils shall be accredited 15 only to the districts that pay the tuition to a recognized 16 school. 17 (2) Days of attendance by pupils of less than 5 clock 18 hours of school shall be subject to the following provisions 19 in the compilation of Average Daily Attendance. 20 (a) Pupils regularly enrolled in a public school 21 for only a part of the school day may be counted on the 22 basis of 1/6 day for every class hour of instruction of 23 40 minutes or more attended pursuant to such enrollment. 24 (b) Days of attendance may be less than 5 clock 25 hours on the opening and closing of the school term, and 26 upon the first day of pupil attendance, if preceded by a 27 day or days utilized as an institute or teachers' 28 workshop. 29 (c) A session of 4 or more clock hours may be 30 counted as a day of attendance upon certification by the 31 regional superintendent, and approved by the State 32 Superintendent of Education to the extent that the 33 district has been forced to use daily multiple sessions. 34 (d) A session of 3 or more clock hours may be SB745 Engrossed -620- LRB9101253EGfg 1 counted as a day of attendance (1) when the remainder of 2 the school day or at least 2 hours in the evening of that 3 day is utilized for an in-service training program for 4 teachers, up to a maximum of 5 days per school year of 5 which a maximum of 4 days of such 5 days may be used for 6 parent-teacher conferences, provided a district conducts 7 an in-service training program for teachers which has 8 been approved by the State Superintendent of Education; 9 or, in lieu of 4 such days, 2 full days may be used, in 10 which event each such day may be counted as a day of 11 attendance; and (2) when days in addition to those 12 provided in item (1) are scheduled by a school pursuant 13 to its school improvement plan adopted under Article 34 14 or its revised or amended school improvement plan adopted 15 under Article 2, provided that (i) such sessions of 3 or 16 more clock hours are scheduled to occur at regular 17 intervals, (ii) the remainder of the school days in which 18 such sessions occur are utilized for in-service training 19 programs or other staff development activities for 20 teachers, and (iii) a sufficient number of minutes of 21 school work under the direct supervision of teachers are 22 added to the school days between such regularly scheduled 23 sessions to accumulate not less than the number of 24 minutes by which such sessions of 3 or more clock hours 25 fall short of 5 clock hours. Any full days used for the 26 purposes of this paragraph shall not be considered for 27 computing average daily attendance. Days scheduled for 28 in-service training programs, staff development 29 activities, or parent-teacher conferences may be 30 scheduled separately for different grade levels and 31 different attendance centers of the district. 32 (e) A session of not less than one clock hour of 33 teachingofhospitalized or homebound pupils on-site or 34 by telephone to the classroom may be counted as 1/2 day SB745 Engrossed -621- LRB9101253EGfg 1 of attendance, however these pupils must receive 4 or 2 more clock hours of instruction to be counted for a full 3 day of attendance. 4 (f) A session of at least 4 clock hours may be 5 counted as a day of attendance for first grade pupils, 6 and pupils in full day kindergartens, and a session of 2 7 or more hours may be counted as 1/2 day of attendance by 8 pupils in kindergartens which provide only 1/2 day of 9 attendance. 10 (g) For children with disabilities who are below 11 the age of 6 years and who cannot attend 2 or more clock 12 hours because of their disability or immaturity, a 13 session of not less than one clock hour may be counted as 14 1/2 day of attendance; however for such children whose 15 educational needs so require a session of 4 or more clock 16 hours may be counted as a full day of attendance. 17 (h) A recognized kindergarten which provides for 18 only 1/2 day of attendance by each pupil shall not have 19 more than 1/2 day of attendance counted in any one1day. 20 However, kindergartens may count 2 1/2 days of attendance 21 in any 5 consecutive school days. When a pupil attends 22 such a kindergarten for 2 half days on any one school 23 day, the pupil shall have the following day as a day 24 absent from school, unless the school district obtains 25 permission in writing from the State Superintendent of 26 Education. Attendance at kindergartens which provide for 27 a full day of attendance by each pupil shall be counted 28 the same as attendance by first grade pupils. Only the 29 first year of attendance in one kindergarten shall be 30 counted, except in case of children who entered the 31 kindergarten in their fifth year whose educational 32 development requires a second year of kindergarten as 33 determined under the rules and regulations of the State 34 Board of Education. SB745 Engrossed -622- LRB9101253EGfg 1 (G) Equalized Assessed Valuation Data. 2 (1) For purposes of the calculation of Available Local 3 Resources required pursuant to subsection (D), the State 4 Board of Education shall secure from the Department of 5 Revenue the value as equalized or assessed by the Department 6 of Revenue of all taxable property of every school district 7 together with the applicable tax rate used in extending taxes 8 for the funds of the district as of September 30 of the 9 previous year. 10 This equalized assessed valuation, as adjusted further by 11 the requirements of this subsection, shall be utilized in the 12 calculation of Available Local Resources. 13 (2) The equalized assessed valuation in paragraph (1) 14 shall be adjusted, as applicable, in the following manner: 15 (a) For the purposes of calculating State aid under 16 this Section, with respect to any part of a school 17 district within a redevelopment project area in respect 18 to which a municipality has adopted tax increment 19 allocation financing pursuant to the Tax Increment 20 Allocation Redevelopment Act, Sections 11-74.4-1 through 21 11-74.4-11 of the Illinois Municipal Code or the 22 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 23 11-74.6-50 of the Illinois Municipal Code, no part of the 24 current equalized assessed valuation of real property 25 located in any such project area which is attributable to 26 an increase above the total initial equalized assessed 27 valuation of such property shall be used as part of the 28 equalized assessed valuation of the district, until such 29 time as all redevelopment project costs have been paid, 30 as provided in Section 11-74.4-8 of the Tax Increment 31 Allocation Redevelopment Act or in Section 11-74.6-35 of 32 the Industrial Jobs Recovery Law. For the purpose of the 33 equalized assessed valuation of the district, the total 34 initial equalized assessed valuation or the current SB745 Engrossed -623- LRB9101253EGfg 1 equalized assessed valuation, whichever is lower, shall 2 be used until such time as all redevelopment project 3 costs have been paid. 4 (b) The real property equalized assessed valuation 5 for a school district shall be adjusted by subtracting 6 from the real property value as equalized or assessed by 7 the Department of Revenue for the district an amount 8 computed by dividing the amount of any abatement of taxes 9 under Section 18-170 of the Property Tax Code by 3.00% 10 for a district maintaining grades kindergarten through 12 11 ,orby 2.30% for a district maintaining grades 12 kindergarten through 8, or by 1.20% for a district 13 maintaining grades 9 through 12 and adjusted by an amount 14 computed by dividing the amount of any abatement of taxes 15 under subsection (a) of Section 18-165 of the Property 16 Tax Code by the same percentage rates for district type 17 as specified in this subparagraph (b)(c). 18 (H) Supplemental General State Aid. 19 (1) In addition to the general State aid a school 20 district is allotted pursuant to subsection (E), qualifying 21 school districts shall receive a grant, paid in conjunction 22 with a district's payments of general State aid, for 23 supplemental general State aid based upon the concentration 24 level of children from low-income households within the 25 school district. Supplemental State aid grants provided for 26 school districts under this subsection shall be appropriated 27 for distribution to school districts as part of the same line 28 item in which the general State financial aid of school 29 districts is appropriated under this Section. For purposes of 30 this subsection, the term "Low-Income Concentration Level" 31 shall be the low-income eligible pupil count from the most 32 recently available federal census divided by the Average 33 Daily Attendance of the school district. 34 (2) Supplemental general State aid pursuant to this SB745 Engrossed -624- LRB9101253EGfg 1 subsection shall be provided as follows: 2 (a) For any school district with a Low Income 3 Concentration Level of at least 20% and less than 35%, 4 the grant for any school year shall be $800 multiplied by 5 the low income eligible pupil count. 6 (b) For any school district with a Low Income 7 Concentration Level of at least 35% and less than 50%, 8 the grant for the 1998-1999 school year shall be $1,100 9 multiplied by the low income eligible pupil count. 10 (c) For any school district with a Low Income 11 Concentration Level of at least 50% and less than 60%, 12 the grant for the 1998-99 school year shall be $1,500 13 multiplied by the low income eligible pupil count. 14 (d) For any school district with a Low Income 15 Concentration Level of 60% or more, the grant for the 16 1998-99 school year shall be $1,900 multiplied by the low 17 income eligible pupil count. 18 (e) For the 1999-2000 school year, the per pupil 19 amount specified in subparagraphs (b), (c), and (d), 20 immediately above shall be increased by $100 to $1,200, 21 $1,600, and $2,000, respectively. 22 (f) For the 2000-2001 school year, the per pupil 23 amounts specified in subparagraphs (b), (c) and (d) 24 immediately above shall be increased to $1,230, $1,640, 25 and $2,050, respectively. 26 (3) School districts with an Average Daily Attendance of 27 more than 1,000 and less than 50,000 that qualify for 28 supplemental general State aid pursuant to this subsection 29 shall submit a plan to the State Board of Education prior to 30 October 30 of each year for the use of the funds resulting 31 from this grant of supplemental general State aid for the 32 improvement of instruction in which priority is given to 33 meeting the education needs of disadvantaged children. Such 34 plan shall be submitted in accordance with rules and SB745 Engrossed -625- LRB9101253EGfg 1 regulations promulgated by the State Board of Education. 2 (4) School districts with an Average Daily Attendance of 3 50,000 or more that qualify for supplemental general State 4 aid pursuant to this subsection shall be required to 5 distribute from funds available pursuant to this Section, no 6 less than $261,000,000 in accordance with the following 7 requirements: 8 (a) The required amounts shall be distributed to 9 the attendance centers within the district in proportion 10 to the number of pupils enrolled at each attendance 11 center who are eligible to receive free or reduced-price 12 lunches or breakfasts under the federal Child Nutrition 13 Act of 1966 and under the National School Lunch Act 14 during the immediately preceding school year. 15 (b) The distribution of these portions of 16 supplemental and general State aid among attendance 17 centers according to these requirements shall not be 18 compensated for or contravened by adjustments of the 19 total of other funds appropriated to any attendance 20 centers, and the Board of Education shall utilize funding 21 from one or several sources in order to fully implement 22 this provision annually prior to the opening of school. 23 (c) Each attendance center shall be provided by the 24 school district a distribution of noncategorical funds 25 and other categorical funds to which an attendance center 26 is entitled under law in order that the general State aid 27 and supplemental general State aid provided by 28 application of this subsection supplements rather than 29 supplants the noncategorical funds and other categorical 30 funds provided by the school district to the attendance 31 centers. 32 (d) Any funds made available under this subsection 33 that by reason of the provisions of this subsection are 34 not required to be allocated and provided to attendance SB745 Engrossed -626- LRB9101253EGfg 1 centers may be used and appropriated by the board of the 2 district for any lawful school purpose. 3 (e) Funds received by an attendance center pursuant 4 to this subsection shall be used by the attendance center 5 at the discretion of the principal and local school 6 council for programs to improve educational opportunities 7 at qualifying schools through the following programs and 8 services: early childhood education, reduced class size 9 or improved adult to student classroom ratio, enrichment 10 programs, remedial assistance, attendance improvement, 11 and other educationally beneficial expenditures which 12 supplement the regular and basic programs as determined 13 by the State Board of Education. Funds provided shall 14 not be expended for any political or lobbying purposes as 15 defined by board rule. 16 (f) Each district subject to the provisions of this 17 subdivision (H)(4) shall submit an acceptable plan to 18 meet the educational needs of disadvantaged children, in 19 compliance with the requirements of this paragraph, to 20 the State Board of Education prior to July 15 of each 21 year. This plan shall be consistent with the decisions of 22 local school councils concerning the school expenditure 23 plans developed in accordance with part 4 of Section 24 34-2.3. The State Board shall approve or reject the plan 25 within 60 days after its submission. If the plan is 26 rejected, the district shall give written notice of 27 intent to modify the plan within 15 days of the 28 notification of rejection and then submit a modified plan 29 within 30 days after the date of the written notice of 30 intent to modify. Districts may amend approved plans 31 pursuant to rules promulgated by the State Board of 32 Education. 33 Upon notification by the State Board of Education 34 that the district has not submitted a plan prior to July SB745 Engrossed -627- LRB9101253EGfg 1 15 or a modified plan within the time period specified 2 herein, the State aid funds affected by that plan or 3 modified plan shall be withheld by the State Board of 4 Education until a plan or modified plan is submitted. 5 If the district fails to distribute State aid to 6 attendance centers in accordance with an approved plan, 7 the plan for the following year shall allocate funds, in 8 addition to the funds otherwise required by this 9 subsection, to those attendance centers which were 10 underfunded during the previous year in amounts equal to 11 such underfunding. 12 For purposes of determining compliance with this 13 subsection in relation to the requirements of attendance 14 center funding, each district subject to the provisions 15 of this subsection shall submit as a separate document by 16 December 1 of each year a report of expenditure data for 17 the prior year in addition to any modification of its 18 current plan. If it is determined that there has been a 19 failure to comply with the expenditure provisions of this 20 subsection regarding contravention or supplanting, the 21 State Superintendent of Education shall, within 60 days 22 of receipt of the report, notify the district and any 23 affected local school council. The district shall within 24 45 days of receipt of that notification inform the State 25 Superintendent of Education of the remedial or corrective 26 action to be taken, whether by amendment of the current 27 plan, if feasible, or by adjustment in the plan for the 28 following year. Failure to provide the expenditure 29 report or the notification of remedial or corrective 30 action in a timely manner shall result in a withholding 31 of the affected funds. 32 The State Board of Education shall promulgate rules 33 and regulations to implement the provisions of this 34 subsection. No funds shall be released under this SB745 Engrossed -628- LRB9101253EGfg 1 subdivision (H)(4) to any district that has not submitted 2 a plan that has been approved by the State Board of 3 Education. 4 (I) General State Aid for Newly Configured School Districts. 5 (1) For a new school district formed by combining 6 property included totally within 2 or more previously 7 existing school districts, for its first year of existence 8 the general State aid and supplemental general State aid 9 calculated under this Section shall be computed for the new 10 district and for the previously existing districts for which 11 property is totally included within the new district. If the 12 computation on the basis of the previously existing districts 13 is greater, a supplementary payment equal to the difference 14 shall be made for the first 4 years of existence of the new 15 district. 16 (2) For a school district which annexes all of the 17 territory of one or more entire other school districts, for 18 the first year during which the change of boundaries 19 attributable to such annexation becomes effective for all 20 purposes as determined under Section 7-9 or 7A-8, the general 21 State aid and supplemental general State aid calculated under 22 this Section shall be computed for the annexing district as 23 constituted after the annexation and for the annexing and 24 each annexed district as constituted prior to the annexation; 25 and if the computation on the basis of the annexing and 26 annexed districts as constituted prior to the annexation is 27 greater, a supplementary payment equal to the difference 28 shall be made for the first 4 years of existence of the 29 annexing school district as constituted upon such annexation. 30 (3) For 2 or more school districts which annex all of 31 the territory of one or more entire other school districts, 32 and for 2 or more community unit districts which result upon 33 the division (pursuant to petition under Section 11A-2) of 34 one or more other unit school districts into 2 or more parts SB745 Engrossed -629- LRB9101253EGfg 1 and which together include all of the parts into which such 2 other unit school district or districts are so divided, for 3 the first year during which the change of boundaries 4 attributable to such annexation or division becomes effective 5 for all purposes as determined under Section 7-9 or 11A-10, 6 as the case may be, the general State aid and supplemental 7 general State aid calculated under this Section shall be 8 computed for each annexing or resulting district as 9 constituted after the annexation or division and for each 10 annexing and annexed district, or for each resulting and 11 divided district, as constituted prior to the annexation or 12 division; and if the aggregate of the general State aid and 13 supplemental general State aid as so computed for the 14 annexing or resulting districts as constituted after the 15 annexation or division is less than the aggregate of the 16 general State aid and supplemental general State aid as so 17 computed for the annexing and annexed districts, or for the 18 resulting and divided districts, as constituted prior to the 19 annexation or division, then a supplementary payment equal to 20 the difference shall be made and allocated between or among 21 the annexing or resulting districts, as constituted upon such 22 annexation or division, for the first 4 years of their 23 existence. The total difference payment shall be allocated 24 between or among the annexing or resulting districts in the 25 same ratio as the pupil enrollment from that portion of the 26 annexed or divided district or districts which is annexed to 27 or included in each such annexing or resulting district bears 28 to the total pupil enrollment from the entire annexed or 29 divided district or districts, as such pupil enrollment is 30 determined for the school year last ending prior to the date 31 when the change of boundaries attributable to the annexation 32 or division becomes effective for all purposes. The amount 33 of the total difference payment and the amount thereof to be 34 allocated to the annexing or resulting districts shall be SB745 Engrossed -630- LRB9101253EGfg 1 computed by the State Board of Education on the basis of 2 pupil enrollment and other data which shall be certified to 3 the State Board of Education, on forms which it shall provide 4 for that purpose, by the regional superintendent of schools 5 for each educational service region in which the annexing and 6 annexed districts, or resulting and divided districts are 7 located. 8 (3.5) Claims for financial assistance under this 9 subsection (I) shall not be recomputed except as expressly 10 provided under this Section. 11 (4) Any supplementary payment made under this subsection 12 (I) shall be treated as separate from all other payments made 13 pursuant to this Section. 14 (J) Supplementary Grants in Aid. 15 (1) Notwithstanding any other provisions of this 16 Section, the amount of the aggregate general State aid in 17 combination with supplemental general State aid under this 18 Section for which each school district is eligible shall be 19 no less than the amount of the aggregate general State aid 20 entitlement that was received by the district under Section 21 18-8 (exclusive of amounts received under subsections 5(p) 22 and 5(p-5) of that Section) for the 1997-98 school year, 23 pursuant to the provisions of that Section as it was then in 24 effect. If a school district qualifies to receive a 25 supplementary payment made under this subsection (J), the 26 amount of the aggregate general State aid in combination with 27 supplemental general State aid under this Section which that 28 district is eligible to receive for each school year shall be 29 no less than the amount of the aggregate general State aid 30 entitlement that was received by the district under Section 31 18-8 (exclusive of amounts received under subsections 5(p) 32 and 5(p-5) of that Section) for the 1997-1998 school year, 33 pursuant to the provisions of that Section as it was then in 34 effect. SB745 Engrossed -631- LRB9101253EGfg 1 (2) If, as provided in paragraph (1) of this subsection 2 (J), a school district is to receive aggregate general State 3 aid in combination with supplemental general State aid under 4 this Section for the 1998-99 school year and any subsequent 5 school year that in any such school year is less than the 6 amount of the aggregate general State aid entitlement that 7 the district received for the 1997-98 school year, the school 8 district shall also receive, from a separate appropriation 9 made for purposes of this subsection (J), a supplementary 10 payment that is equal to the amount of the difference in the 11 aggregate State aid figures as described in paragraph (1). 12 (3) (Blank). 13 (K) Grants to Laboratory and Alternative Schools. 14 In calculating the amount to be paid to the governing 15 board of a public university that operates a laboratory 16 school under this Section or to any alternative school that 17 is operated by a regional superintendent of schools, the 18 State Board of Education shall require by rule such reporting 19 requirements as it deems necessary. 20 As used in this Section, "laboratory school" means a 21 public school which is created and operated by a public 22 university and approved by the State Board of Education. The 23 governing board of a public university which receives funds 24 from the State Board under this subsection (K) may not 25 increase the number of students enrolled in its laboratory 26 school from a single district, if that district is already 27 sending 50 or more students, except under a mutual agreement 28 between the school board of a student's district of residence 29 and the university which operates the laboratory school. A 30 laboratory school may not have more than 1,000 students, 31 excluding students with disabilities in a special education 32 program. 33 As used in this Section, "alternative school" means a 34 public school which is created and operated by a Regional SB745 Engrossed -632- LRB9101253EGfg 1 Superintendent of Schools and approved by the State Board of 2 Education. Such alternative schools may offer courses of 3 instruction for which credit is given in regular school 4 programs, courses to prepare students for the high school 5 equivalency testing program or vocational and occupational 6 training. A regional superintendent of schools may contract 7 with a school district or a public community college district 8 to operate an alternative school. An alternative school 9 serving more than one educational service region may be 10 established by the regional superintendents of schools of 11thosethe affected educational service regions. An 12 alternative school serving more than one educational service 13 region may be operated under such terms as the regional 14 superintendents of schools of those educational service 15 regions may agree. 16 Each laboratory and alternative school shall file, on 17 forms provided by the State Superintendent of Education, an 18 annual State aid claim which states the Average Daily 19 Attendance of the school's students by month. The best 3 20 months' Average Daily Attendance shall be computed for each 21 school. The general State aid entitlement shall be computed 22 by multiplying the applicable Average Daily Attendance by the 23 Foundation Level as determined under this Section. 24 (L) Payments, Additional Grants in Aid and Other 25 Requirements. 26 (1) For a school district operating under the financial 27 supervision of an Authority created under Article 34A, the 28 general State aid otherwise payable to that district under 29 this Section, but not the supplemental general State aid, 30 shall be reduced by an amount equal to the budget for the 31 operations of the Authority as certified by the Authority to 32 the State Board of Education, and an amount equal to such 33 reduction shall be paid to the Authority created for such 34 district for its operating expenses in the manner provided in SB745 Engrossed -633- LRB9101253EGfg 1 Section 18-11. The remainder of general State school aid for 2 any such district shall be paid in accordance with Article 3 34A when that Article provides for a disposition other than 4 that provided by this Article. 5 (2) Impaction. Impaction payments shall be made as 6 provided for in Section 18-4.2. 7 (3) Summer school. Summer school payments shall be made 8 as provided in Section 18-4.3. 9 (M) Education Funding Advisory Board. 10 The Education Funding Advisory Board, hereinafter in this 11 subsection (M) referred to as the "Board", is hereby created. 12 The Board shall consist of 5 members who are appointed by the 13 Governor, by and with the advice and consent of the Senate. 14 The members appointed shall include representatives of 15 education, business, and the general public. One of the 16 members so appointed shall be designated by the Governor at 17 the time the appointment is made as the chairperson of the 18 Board. The initial members of the Board may be appointed any 19 time after the effective date of this amendatory Act of 1997. 20 The regular term of each member of the Board shall be for 4 21 years from the third Monday of January of the year in which 22 the term of the member's appointment is to commence, except 23 that of the 5 initial members appointed to serve on the 24 Board, the member who is appointed as the chairperson shall 25 serve for a term that commences on the date of his or her 26 appointment and expires on the third Monday of January, 2002, 27 and the remaining 4 members, by lots drawn at the first 28 meeting of the Board that is held after all 5 members are 29 appointed, shall determine 2 of their number to serve for 30 terms that commence on the date of their respective 31 appointments and expire on the third Monday of January, 2001, 32 and 2 of their number to serve for terms that commence on the 33 date of their respective appointments and expire on the third 34 Monday of January, 2000. All members appointed to serve on SB745 Engrossed -634- LRB9101253EGfg 1 the Board shall serve until their respective successors are 2 appointed and confirmed. Vacancies shall be filled in the 3 same manner as original appointments. If a vacancy in 4 membership occurs at a time when the Senate is not in 5 session, the Governor shall make a temporary appointment 6 until the next meeting of the Senate, when he or she shall 7 appoint, by and with the advice and consent of the Senate, a 8 person to fill that membership for the unexpired term. If 9 the Senate is not in session when the initial appointments 10 are made, those appointments shall be made as in the case of 11 vacancies. 12 The Education Funding Advisory Board shall be deemed 13 established, and the initial members appointed by the 14 Governor to serve as members of the Board shall take office, 15 on the date that the Governor makes his or her appointment of 16 the fifth initial member of the Board, whether those initial 17 members are then serving pursuant to appointment and 18 confirmation or pursuant to temporary appointments that are 19 made by the Governor as in the case of vacancies. 20 The State Board of Education shall provide such staff 21 assistance to the Education Funding Advisory Board as is 22 reasonably required for the proper performance by the Board 23 of its responsibilities. 24 For school years after the 2000-2001 school year, the 25 Education Funding Advisory Board, in consultation with the 26 State Board of Education, shall make recommendations as 27 provided in this subsection (M) to the General Assembly for 28 the foundation level under subdivision (B)(3) of this Section 29 and for the supplemental general State aid grant level under 30 subsection (H) of this Section for districts with high 31 concentrations of children from poverty. The recommended 32 foundation level shall be determined based on a methodology 33 which incorporates the basic education expenditures of 34 low-spending schools exhibiting high academic performance. SB745 Engrossed -635- LRB9101253EGfg 1 The Education Funding Advisory Board shall make such 2 recommendations to the General Assembly on January 1 of odd 3 numbered years, beginning January 1, 2001. 4 (N) General State Aid Adjustment Grant. 5 (1) Any school district subject to property tax 6 extension limitations as imposed under the provisions of the 7 Property Tax Extension Limitation Law shall be entitled to 8 receive, subject to the qualifications and requirements of 9 this subsection, a general State aid adjustment grant. 10 Eligibility for this grant shall be determined on an annual 11 basis and claims for grant payments shall be paid subject to 12 appropriations made specific to this subsection. For 13 purposes of this subsection the following terms shall have 14 the following meanings: 15 "Budget Year": The school year for which general State 16 aid is calculated and awarded under subsection (E). 17 "Current Year": The school year immediately preceding 18 the Budget Year. 19 "Base Tax Year": The property tax levy year used to 20 calculate the Budget Year allocation of general State aid. 21 "Preceding Tax Year": The property tax levy year 22 immediately preceding the Base Tax Year. 23 "Extension Limitation Ratio": A numerical ratio, 24 certified by a school district's County Clerk, in which the 25 numerator is the Base Tax Year's tax extension amount 26 resulting from the Limiting Rate and the denominator is the 27 Preceding Tax Year's tax extension amount resulting from the 28 Limiting Rate. 29 "Limiting Rate": The limiting rate as defined in the 30 Property Tax Extension Limitation Law. 31 "Preliminary Tax Rate": The tax rate for all purposes 32 except bond and interest that would have been used to extend 33 those taxes absent the provisions of the Property Tax 34 Extension Limitation Law. SB745 Engrossed -636- LRB9101253EGfg 1 (2) To qualify for a general State aid adjustment grant, 2 a school district must meet all of the following eligibility 3 criteria for each Budget Year for which a grant is claimed: 4 (a) (Blank). 5 (b) The Preliminary Tax Rate of the school district 6 for the Base Tax Year was reduced by the Clerk of the 7 County as a result of the requirements of the Property 8 Tax Extension Limitation Law. 9 (c) The Available Local Resources per pupil of the 10 school district as calculated pursuant to subsection (D) 11 using the Base Tax Year are less than the product of 1.75 12 times the Foundation Level for the Budget Year. 13 (d) The school district has filed a proper and 14 timely claim for a general State aid adjustment grant as 15 required under this subsection. 16 (3) A claim for grant assistance under this subsection 17 shall be filed with the State Board of Education on or before 18 April 1 of the Current Year for a grant for the Budget Year. 19 The claim shall be made on forms prescribed by the State 20 Board of Education and must be accompanied by a written 21 statement from the Clerk of the County, certifying: 22 (a) That the school district had its Preliminary 23 Tax Rate for the Base Tax Year reduced as a result of the 24 Property Tax Extension Limitation Law. 25 (b) (Blank). 26 (c) The Extension Limitation Ratio as that term is 27 defined in this subsection. 28 (4) On or before August 1 of the Budget Year the State 29 Board of Education shall calculate, for all school districts 30 meeting the other requirements of this subsection, the amount 31 of the general State aid adjustment grant, if any, that the 32 school districts are eligible to receive in the Budget Year. 33 The amount of the general State aid adjustment grant shall be 34 calculated as follows: SB745 Engrossed -637- LRB9101253EGfg 1 (a) Determine the school district's general State 2 aid grant for the Budget Year as provided in accordance 3 with the provisions of subsection (E). 4 (b) Determine the school district's adjusted level 5 of general State aid by utilizing in the calculation of 6 Available Local Resources the equalized assessed 7 valuation that was used to calculate the general State 8 aid for the preceding fiscal year multiplied by the 9 Extension Limitation Ratio. 10 (c) Subtract the sum derived in subparagraph (a) 11 from the sum derived in subparagraph (b). If the result 12 is a positive number, that amount shall be the general 13 State aid adjustment grant that the district is eligible 14 to receive. 15 (5) The State Board of Education shall in the Current 16 Year, based upon claims filed in the Current Year, recommend 17 to the General Assembly an appropriation amount for the 18 general State aid adjustment grants to be made in the Budget 19 Year. 20 (6) Claims for general State aid adjustment grants shall 21 be paid in a lump sum on or before January 1 of the Budget 22 Year only from appropriations made by the General Assembly 23 expressly for claims under this subsection. No such claims 24 may be paid from amounts appropriated for any other purpose 25 provided for under this Section. In the event that the 26 appropriation for claims under this subsection is 27 insufficient to meet all Budget Year claims for a general 28 State aid adjustment grant, the appropriation available shall 29 be proportionately prorated by the State Board of Education 30 amongst all districts filing for and entitled to payments. 31 (7) The State Board of Education shall promulgate the 32 required claim forms and rules necessary to implement the 33 provisions of this subsection. 34 (O) References. SB745 Engrossed -638- LRB9101253EGfg 1 (1) References in other laws to the various subdivisions 2 of Section 18-8 as that Section existed before its repeal and 3 replacement by this Section 18-8.05 shall be deemed to refer 4 to the corresponding provisions of this Section 18-8.05, to 5 the extent that those references remain applicable. 6 (2) References in other laws to State Chapter 1 funds 7 shall be deemed to refer to the supplemental general State 8 aid provided under subsection (H) of this Section. 9 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 10 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 11 7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.) 12 (105 ILCS 5/21-10) (from Ch. 122, par. 21-10) 13 Sec. 21-10. Provisional certificate. 14 (A) Until July 1, 1972, the State Teacher Certification 15 Board may issue a provisional certificate valid for teaching 16 in elementary, high school or special subject fields subject 17 to the following conditions: 18 A provisional certificate may be issued to a person who 19 presents certified evidence of having earned a bachelor's 20 degree from a recognized institution of higher learning. The 21 academic and professional courses offered as a basis of the 22 provisional certificate shall be courses approved by the 23 State Board of Education in consultation with the State 24 Teacher Certification Board. 25 A certificate earned under this plan may be renewed at 26 the end of each two-year period upon evidence filed with the 27 State Teacher Certification Board that the holder has earned 28 8 semester hours of credit within the period; provided the 29 requirements for the certificate of the same type issued for 30 the teaching position for which the teacher is employed shall 31 be met by the end of the second renewal period. A second 32 provisional certificate shall not be issued. The credits so 33 earned must be approved by the State Board of Education in SB745 Engrossed -639- LRB9101253EGfg 1 consultation with the State Teacher Certification Board and 2 must meet the general pattern for a similar type of 3 certificate issued on the basis of credit. No more than 4 4 semester hours shall be chosen from elective subjects. 5 (B) After July 1, 1972, the State Teacher Certification 6 Board may issue a provisional certificate valid for teaching 7 in early childhood, elementary, high school or special 8 subject fields, or for providing service as school service 9 personnel or for administering schools subject to the 10 following conditions: A provisional certificate may be issued 11 to a person who meets the requirements for a regular 12 teaching, school service personnel or administrative 13 certificate in another State and who presents certified 14 evidence of having earned a bachelor's degree from a 15 recognized institution of higher learning. The academic and 16 professional courses offered as a basis of the provisional 17 certificate shall be courses approved by the State Board of 18 Education in consultation with the State Teacher 19 Certification Board. A certificate earned under this plan is 20 valid for a period of 2 years and shall not be renewed; 21 however, the individual to whom this certificate is issued 22 shall have passed or shall pass the examinations set forth by 23 the State Board of Education within 9 months of the date of 24 issuance of the provisional certificate. Failure to pass the 25 tests, required in Section 21-1a, shall result in the 26 cancellation of the provisional certificate. 27 (C) The State Teacher Certification Board may also issue 28 a provisional vocational certificate and a temporary 29 provisional vocational certificate. 30 (1) The requirements for a provisional vocational 31 certificate shall be determined by the State Board of 32 Education in consultation with the State Teacher 33 Certification Board; provided, the following minimum 34 requirements are met: (a) after July 1, 1972, at least 30 SB745 Engrossed -640- LRB9101253EGfg 1 semester hours of credit from a recognized institution of 2 higher learning; and (b) after July 1, 1974, at least 60 3 semester hours of credit from a recognized institution of 4 higher learning. 5 (2) The requirements for a temporary provisional 6 vocational certificate shall be determined by the State 7 Board of Education in consultation with the State Teacher 8 Certification Board; provided, the following minimum 9 requirements are met: (a) after July 1, 1973, at least 10 4,000 hours of work experience in the skill to be 11 certified for teaching; and (b) after July 1, 1975, at 12 least 8,000 hours of work experience in the skill to be 13 certified for teaching. Any certificate issued under the 14 provisions of this paragraph shall expire on June 30 15 following the date of issue. Renewals may be granted on 16 a yearly basis, but shall not be granted to any person 17 who does not file with the State Teacher Certification 18 Board a transcript showing at least 3 semester hours of 19 credit earned during the previous year in a recognized 20 institution of learning. No such certificate shall be 21 issued except upon certification by the employing board, 22 subject to the approval of the regional superintendent of 23 schools, that no qualified teacher holding a regular 24 certificate or a provisional vocational certificate is 25 available and that actual circumstances and need require 26 such issuance. 27 The courses or work experience offered as a basis for the 28 issuance of the provisional vocational certificate or the 29 temporary provisional vocational certificate shall be 30 approved by the State Board of Education in consultation with 31 the State Teacher Certification Board. 32 (D) Until July 1, 1972, the State Teacher Certification 33 Board may also issue a provisional foreign language 34 certificate valid for 4 years for teaching the foreign SB745 Engrossed -641- LRB9101253EGfg 1 language named therein in all grades of the common schools 2 and shall be issued to persons who have graduated from a 3 recognized institution of higher learning with not fewer than 4 120 semester hours of credit and who have met other 5 requirements as determined by the State Board of Education in 6 consultation with the State Teacher Certification Board. If 7 the holder of a provisional foreign language certificate is 8 not a citizen of the United States within 6 years of the date 9 of issuance of the original certificate, such certificate 10 shall be suspended by the regional superintendent of schools 11 of the region in which the holder is engaged to teach and 12 shall not be reinstated until the holder is a citizen of the 13 United States. 14 (E) Notwithstanding anything in this Act to the 15 contrary, the State Teacher Certification Board shall issue 16 part-time provisional certificates to eligible individuals 17 who are professionals and craftsmen. 18 The requirements for a part-time provisional teachers 19 certificate shall be determined by the State Board of 20 Education in consultation with the State Teacher 21 Certification Board, provided the following minimum 22 requirements are met: 60 semester hours of credit from a 23 recognized institution of higher learning or 4000 hours of 24 work experience in the skill to be certified for teaching. 25 A part-time provisional certificate may be issued for 26 teaching no more than 2 courses of study for grades 6 through 27 12. 28 A part-time provisional teachers certificate shall be 29 valid for 2 years and may be renewed at the end of each 2 30 year period. 31 (Source: P.A. 90-548, eff. 1-1-98; revised 10-31-98.) 32 (105 ILCS 5/21-12) (from Ch. 122, par. 21-12) 33 Sec. 21-12. Printing;ofSeal; Signature; Credentials. SB745 Engrossed -642- LRB9101253EGfg 1 All certificates shall be printed by and bear the seal of the 2 State Teacher Certification Board and the signatures of the 3 chairman and of the secretary of the board. All college 4 credentials offered as the basis of a certificate shall be 5 presented to the secretary of the State Teacher Certification 6 Board for inspection and approval. After January 1, 1964, 7 each application for a certificate or evaluation of 8 credentials shall be accompanied by an evaluation fee of $20 9 which is not refundable. 10 Commencing January 1, 1994, an additional $10 shall be 11 charged for each application for a certificate or evaluation 12 of credentials which is not refundable. There is hereby 13 created a Teacher Certificate Fee Revolving Fund as a special 14 fund within the State Treasury. The proceeds of the 15 additional $10 fee shall be paid into the Teacher Certificate 16 Fee Revolving Fund; and the moneys in that Fund shall be 17 appropriated and used to provide the technology and other 18 resources necessary for the timely and efficient processing 19 of certification requests. 20 When evaluation verifies the requirements for a valid 21 certificate, the applicant shall be issued an entitlement 22 card that may be presented to a regional superintendent of 23 schools together with a fee of one dollar for issuance of a 24 certificate. 25 The applicant shall be notified of any deficiencies. 26 (Source: P.A. 88-224; revised 10-31-98.) 27 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) 28 Sec. 27-8.1. Health examinations and immunizations. 29 (1) In compliance with rules and regulations which the 30 Department of Public Health shall promulgate, and except as 31 hereinafter provided, all children in Illinois shall have a 32 health examination as follows: within one year prior to 33 entering kindergarten or the first grade of any public, SB745 Engrossed -643- LRB9101253EGfg 1 private, or parochial elementary school; upon entering the 2 fifth and ninth grades of any public, private, or parochial 3 school; prior to entrance into any public, private, or 4 parochial nursery school; and, irrespective of grade, 5 immediately prior to or upon entrance into any public, 6 private, or parochial school or nursery school, each child 7 shall present proof of having been examined in accordance 8 with this Section and the rules and regulations promulgated 9 hereunder. 10 A tuberculosis skin test screening shall be included as a 11 required part of each health examination included under this 12 Section if the child resides in an area designated by the 13 Department of Public Health as having a high incidence of 14 tuberculosis. Additional health examinations of pupils, 15 including dental and vision examinations, may be required 16 when deemed necessary by school authorities. Parents are 17 encouraged to have their children undergo dental examinations 18 at the same points in time required for health examinations. 19 (2) The Department of Public Health shall promulgate 20 rules and regulations specifying the examinations and 21 procedures that constitute a health examination and may 22 recommend by rule that certain additional examinations be 23 performed. The rules and regulations of the Department of 24 Public Health shall specify that a tuberculosis skin test 25 screening shall be included as a required part of each health 26 examination included under this Section if the child resides 27 in an area designated by the Department of Public Health as 28 having a high incidence of tuberculosis. 29 Physicians licensed to practice medicine in all of its 30 branches shall be responsible for the performance of the 31 health examinations, other than dental examinations and 32 vision and hearing screening, and shall sign all report forms 33 required by subsection (4) of this Section that pertain to 34 those portions of the health examination for which the SB745 Engrossed -644- LRB9101253EGfg 1 physician is responsible. If a registered nurse performs any 2 part of a health examination, then a physician licensed to 3 practice medicine in all of its branches must review and sign 4 all required report forms. Licensed dentists shall perform 5 all dental examinations and shall sign all report forms 6 required by subsection (4) of this Section that pertain to 7 the dental examinations. Physicians licensed to practice 8 medicine in all its branches, or licensed optometrists, shall 9 perform all vision exams required by school authorities and 10 shall sign all report forms required by subsection (4) of 11 this Section that pertain to the vision exam. Vision and 12 hearing screening tests, which shall not be considered 13 examinations as that term is used in this Section, shall be 14 conducted in accordance with rules and regulations of the 15 Department of Public Health, and by individuals whom the 16 Department of Public Health has certified. 17 (3) Every child shall, at or about the same time as he 18 or she receives a health examination required by subsection 19 (1) of this Section, present to the local school,proof of 20 having received such immunizations against preventable 21 communicable diseases as the Department of Public Health 22 shall require by rules and regulations promulgated pursuant 23 to this Section and the Communicable Disease Prevention Act. 24 (4) The individuals conducting the health examination 25 shall record the fact of having conducted the examination, 26 and such additional information as required, on uniform forms 27 which the Department of Public Health and the State Board of 28 Education shall prescribe for statewide use. The examiner 29 shall summarize on the report form any condition that he or 30 she suspects indicates a need for special services. The 31 individuals confirming the administration of required 32 immunizations shall record as indicated on the form that the 33 immunizations were administered. 34 (5) If a child does not submit proof of having had SB745 Engrossed -645- LRB9101253EGfg 1 either the health examination or the immunization as 2 required, then the child shall be examined or receive the 3 immunization, as the case may be, and present proof by 4 October 15 of the current school year, or by an earlier date 5 of the current school year established by a school district. 6 To establish a date before October 15 of the current school 7 year for the health examination or immunization as required, 8 a school district must give notice of the requirements of 9 this Section 60 days prior to the earlier established date. 10 If for medical reasons one or more of the required 11 immunizations must be given after October 15 of the current 12 school year, or after an earlier established date of the 13 current school year, then the child shall present, by October 14 15, or by the earlier established date, a schedule for the 15 administration of the immunizations and a statement of the 16 medical reasons causing the delay, both the schedule and the 17 statement being issued by the physician, registered nurse, or 18 local health department that will be responsible for 19 administration of the remaining required immunizations. If a 20 child does not comply by October 15, or by the earlier 21 established date of the current school year, with the 22 requirements of this subsection, then the local school 23 authority shall exclude that child from school until such 24 time as the child presents proof of having had the health 25 examination as required and presents proof of having received 26 those required immunizations which are medically possible to 27 receive immediately. During a child's exclusion from school 28 for noncompliance with this subsection, the child's parents 29 or legal guardian shall be considered in violation of Section 30 26-1 and subject to any penalty imposed by Section 26-10. 31 (6) Every school shall report to the State Board of 32 Education by November 15, in the manner which that agency 33 shall require, the number of children who have received the 34 necessary immunizations and the health examination as SB745 Engrossed -646- LRB9101253EGfg 1 required, indicating, of those who have not received the 2 immunizations and examination as required, the number of 3 children who are exempt from health examination and 4 immunization requirements on religious or medical grounds as 5 provided in subsection (8). This reported information shall 6 be provided to the Department of Public Health by the State 7 Board of Education. 8 (7) Upon determining that the number of pupils who are 9 required to be in compliance with subsection (5) of this 10 Section is below 90% of the number of pupils enrolled in the 11 school district, 10% of each State aid payment made pursuant 12 to Section 18-8 to the school district for such year shall be 13 withheld by the regional superintendent until the number of 14 students in compliance with subsection (5) is the applicable 15 specified percentage or higher. 16 (8)Children whoseParents or legal guardians who object 17 to health examinations or any part thereof, or to 18 immunizations, on religious grounds shall not be required to 19 submit their children or wards to the examinations or 20 immunizations to which they so object if such parents or 21 legal guardians present to the appropriate local school 22 authority a signed statement of objection, detailing the 23 grounds for the objection. If the physical condition of the 24 child is such that any one or more of the immunizing agents 25 should not be administered, the examining physician 26 responsible for the performance of the health examination 27 shall endorse that fact upon the health examination form. 28 Exempting a child from the health examination does not exempt 29 the child from participation in the program of physical 30 education training provided in Sections 27-5 through 27-7 of 31 this Code. 32 (9) For the purposes of this Section, "nursery schools" 33 means those nursery schools operated by elementary school 34 systems or secondary level school units or institutions of SB745 Engrossed -647- LRB9101253EGfg 1 higher learning. 2 (Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff. 3 8-9-96; revised 3-10-98.) 4 (105 ILCS 5/27A-4) 5 Sec. 27A-4. General Provisions. 6 (a) The General Assembly does not intend to alter or 7 amend the provisions of any court-ordered desegregation plan 8 in effect for any school district. A charter school shall be 9 subject to all federal and State laws and constitutional 10 provisions prohibiting discrimination on the basis of 11 disability, race, creed, color, gender, national origin, 12 religion, ancestry, marital status, or need for special 13 education services. 14 (b) The total number of charter schools operating under 15 this Article at any one time shall not exceed 45. Not more 16 thanthat15 charter schools shall operate at any one time in 17 any city having a population exceeding 500,000; not more than 18 15 charter schools shall operate at any one time in the 19 counties of DuPage, Kane, Lake, McHenry, Will, and that 20 portion of Cook County that is located outside a city having 21 a population exceeding 500,000; and not more than 15 charter 22 schools shall operate at any one time in the remainder of the 23 State. 24 For purposes of implementing this Section, the State 25 Board shall assign a number to each charter submission it 26 receives under Section 27A-6 for its review and 27 certification, based on the chronological order in which the 28 submission is received by it. The State Board shall promptly 29 notify local school boards when the maximum numbers of 30 certified charter schools authorized to operate have been 31 reached. 32 (c) No charter shall be granted under this Article that 33 would convert any existing private, parochial, or non-public SB745 Engrossed -648- LRB9101253EGfg 1 school to a charter school. 2 (d) Enrollment in a charter school shall be open to any 3 pupil who resides within the geographic boundaries of the 4 area served by the local school board. However, no more than 5 50% of the number of resident pupils enrolled in any one 6 grade in a school district with only a single attendance 7 center covering that grade may be enrolled in a charter 8 school at one time. 9 (e) Nothing in this Article shall prevent 2 or more 10 local school boards from jointly issuing a charter to a 11 single shared charter school, provided that all of the 12 provisions of this Article are met as to those local school 13 boards. 14 (f) No local school board shall require any employee of 15 the school district to be employed in a charter school. 16 (g) No local school board shall require any pupil 17 residing within the geographic boundary of its district to 18 enroll in a charter school. 19 (h) If there are more eligible applicants for enrollment 20 in a charter school than there are spaces available, 21 successful applicants shall be selected by lottery. However, 22 priority shall be given to siblings of pupils enrolled in the 23 charter school and to pupils who were enrolled in the charter 24 school the previous school year, unless expelled for cause. 25 Dual enrollment at both a charter school and a public school 26 or non-public school shall not be allowed. A pupil who is 27 suspended or expelled from a charter school shall be deemed 28 to be suspended or expelled from the public schools of the 29 school district in which the pupil resides. 30 (i) No charter school established under this Article may 31 be authorized to open prior to the school year beginning in 32 the fall of 1996. 33 (Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.) SB745 Engrossed -649- LRB9101253EGfg 1 (105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2) 2 Sec. 29-5.2. Reimbursement of transportation. 3 (a) Reimbursement. A custodian of a qualifying pupil 4 shall be entitled to reimbursement in accordance with 5 procedures established by the State Board of Education for 6 qualified transportation expenses paid by such custodian 7 during the school year. 8 (b) Definitions. As used in this Section: 9 (1) "Qualifying pupil" means an individual referred to 10 in subsection (c), as well as an individual who: 11 (A) is a resident of the State of Illinois; and 12 (B) is under the age of 21 at the close of the school 13 year for which reimbursement is sought;,and;14 (C) during the school year for which reimbursement is 15 sought was a full-time pupil enrolled in a kindergarten 16 through 12th grade educational program at a school which was 17 a distance of 1 1/2 miles or more from the residence of such 18 pupil; and 19 (D) did not live within 1 1/2 miles from the school in 20 which the pupil was enrolled or have access to transportation 21 provided entirely at public expense to and from that school 22 and a point within 1 1/2 miles of the pupil's residence, 23 measured in a manner consistent with Section 29-3. 24 (2) "Qualified transportation expenses" means costs 25 reasonably incurred by the custodian to transport, for the 26 purposes of attending regularly scheduled day-time classes, a 27 qualifying pupil between such qualifying pupil's residence 28 and the school at which such qualifying pupil is enrolled, as 29 limited in subsection (e) of this Section, and shall include 30 automobile expenses at the standard mileage rate allowed by 31 the United States Internal Revenue Service as reimbursement 32 for business transportation expense, as well as payments to 33 mass transit carriers, private carriers, and contractual fees 34 for transportation. SB745 Engrossed -650- LRB9101253EGfg 1 (3) "School" means a public or nonpublic elementary or 2 secondary school in Illinois, attendance at which satisfies 3 the requirements of Section 26-1. 4 (4) One and one-half miles distance. For the purposes of 5 this Section, 1 1/2 miles distance shall be measured in a 6 manner consistent with Section 29-3. 7 (5) Custodian. The term "custodian" shall mean, with 8 respect to a qualifying pupil, an Illinois resident who is 9 the parent, or parents, or legal guardian of such qualifying 10 pupil. 11 (c) An individual, resident of the State of Illinois, 12 who is under the age of 21 at the close of the school year 13 for which reimbursement is sought and who, during that school 14 year, was a full time pupil enrolled in a kindergarten 15 through 12th grade educational program at a school which was 16 within 1 1/2 miles of the pupil's residence, measured in a 17 manner consistent with Section 29-3, is a "qualifying pupil" 18 within the meaning of this Section if: (i) such pupil did 19 not have access to transportation provided entirely at public 20 expense to and from that school and the pupil's residence, 21 and (ii) conditions were such that walking would have 22 constituted a serious hazard to the safety of the pupil due 23 to vehicular traffic. The determination of what constitutes 24 a serious safety hazard within the meaning of this subsection 25 shall in each case be made by the Department of 26 Transportation in accordance with guidelines which the 27 Department, in consultation with the State Superintendent of 28 Education, shall promulgate. Each custodian intending to 29 file an application for reimbursement under subsection (d) 30 for expenditures incurred or to be incurred with respect to a 31 pupil asserted to be a qualified pupil as an individual 32 referred to in this subsection shall first file with the 33 appropriate regional superintendent, on forms provided by the 34 State Board of Education, a request for a determination that SB745 Engrossed -651- LRB9101253EGfg 1 a serious safety hazard within the meaning of this subsection 2 (c) exists with respect to such pupil. Custodians shall file 3 such forms with the appropriate regional superintendents not 4 later than February 1 of the school year for which 5 reimbursement will be sought for transmittal by the regional 6 superintendents to the Department of Transportation not later 7 than February 15; except that any custodian who previously 8 received a determination that a serious safety hazard exists 9 need not resubmit such a request for 4 years but instead may 10 certify on their application for reimbursement to the State 11 Board of Education referred to in subsection (d), that the 12 conditions found to be hazardous, as previously determined by 13 the Department, remain unchanged. The Department shall make 14 its determination on all requests so transmitted to it within 15 30 days, and shall thereupon forward notice of each 16 determination which it has made to the appropriate regional 17 superintendent for immediate transmittal to the custodian 18 affected thereby. The determination of the Department 19 relative to what constitutes a serious safety hazard within 20 the meaning of subsection (c) with respect to any pupil shall 21 be deemed an "administrative decision" as defined in Section 22 3-101 of the Administrative Review Law; and the 23 Administrative Review Law and all amendments and 24 modifications thereof and rules adopted pursuant thereto 25 shall apply to and govern all proceedings instituted for the 26 judicial review of final administrative decisions of the 27 Department of Transportation under this subsection. 28 (d) Request for reimbursement. A custodian, including a 29 custodian for a pupil asserted to be a qualified pupil as an 30 individual referred to in subsection (c), who applies in 31 accordance with procedures established by the State Board of 32 Education shall be reimbursed in accordance with the dollar 33 limits set out in this Section. Such procedures shall require 34 application no later than June 30 of each year, documentation SB745 Engrossed -652- LRB9101253EGfg 1 as to eligibility, and adequate evidence of expenditures; 2 except that for reimbursement sought pursuant to subsection 3 (c) for the 1985-1986 school year, such procedures shall 4 require application within 21 days after the determination of 5 the Department of Transportation with respect to that school 6 year is transmitted by the regional superintendent to the 7 affected custodian. In the absence of contemporaneous 8 records, an affidavit by the custodian may be accepted as 9 evidence of an expenditure. If the amount appropriated for 10 such reimbursement for any year is less than the amount due 11 each custodian, it shall be apportioned on the basis of the 12 requests approved. Regional Superintendents shall be 13 reimbursed for such costs of administering the program, 14 including costs incurred in administering the provisions of 15 subsection (c), as the State Board of Education determines 16 are reasonable and necessary. 17 (e) Dollar limit on amount of reimbursement. 18 Reimbursement to custodians for transportation expenses 19 incurred during the 1985-1986 school year, payable in fiscal 20 year 1987, shall be equal to the lesser of (1) the actual 21 qualified transportation expenses, or (2) $50 per pupil. 22 Reimbursement to custodians for transportation expenses 23 incurred during the 1986-1987 school year, payable in fiscal 24 year 1988, shall be equal to the lesser of (1) the actual 25 qualified transportation expenses, or (2) $100 per pupil. For 26 reimbursements of qualified transportation expenses incurred 27 in 1987-1988 and thereafter, the amount of reimbursement 28 shall not exceed the prior year's State reimbursement per 29 pupil for transporting pupils as required by Section 29-3 and 30 other provisions of this Article. 31 (f) Rules and regulations. The State Board of Education 32 shall adopt rules to implement this Section. 33 (g) The provisions of this amendatory Act of 1986 shall 34 apply according to their terms to the entire 1985-1986 school SB745 Engrossed -653- LRB9101253EGfg 1 year, including any portion of that school year which elapses 2 prior to the effective date of this amendatory Act, and to 3 each subsequent school year. 4 (h) The chief administrative officer of each school 5 shall notify custodians of qualifying pupils that 6 reimbursements are available. Notification shall occur by 7 the first Monday in November of the school year for which 8 reimbursement is available. 9 (Source: P.A. 85-1209; revised 10-31-98.) 10 (105 ILCS 5/32-1) (from Ch. 122, par. 32-1) 11 Sec. 32-1. May vote to organize under general law. 12 (a) Any special charter district may, by vote of its 13 electors, cease to control its school under the Act under 14 which it was organized, and become part of the school 15 township or townships in which it is situated. Upon petition 16 of 50 voters of the district, presented to the board having 17 the control and management of the schools, the board shall 18 order submitted to the voters at an election to be held in 19 the district, in accordance with the general election law, 20 the question of "organizing under the general school law". 21 The secretary of the board shall make certification to the 22 proper election authority in accordance with the general 23 election law. If, however, a majority of the votes cast at 24 any such election in any school district subject to Sections 25 32-3 through 32-4.11 is against organizing the district under 26 the general school law, the question may not again be 27 submitted in the district for 22 months thereafter, and then 28 only upon petition signed by at least 2% of the voters of the 29 school district. Notice shall be given in accordance with 30 the general election law, which notice shall be in the 31 following form: 32 NOTICE OF REFERENDUM 33 Notice is hereby given that on (insert date),the ....SB745 Engrossed -654- LRB9101253EGfg 1day of ...., 19..,a referendum will be held at.... for the 2 purpose of deciding the question of organizing under the 3 general school law. The polls will be opened at .... o'clock 4 ..m and closed at .... o'clock ..m. 5 Signed ..... 6 If a majority of the votes cast on the proposition is in 7 favor of organizing under the general school law, then the 8 board having the control and management of schools in the 9 district, shall declare the proposition carried. 10 When such a proposition is declared to have so carried, 11 the board of education shall continue to exercise its powers 12 and duties under the general school law. Each member of the 13 board of education selected under the provisions of the 14 special charter shall continue in office until his term has 15 expired. Before the term of each of these members expires, 16 the board shall give notice of an election to be held on the 17 date of the next regular school election, in accordance with 18 the general election law to fill the vacancy which is 19 created. Nomination papers filed under this Section are not 20 valid unless the candidate named therein files with the 21 secretary of the board of education a receipt from the county 22 clerk showing that the candidate has filed a statement of 23 economic interests as required by the Illinois Governmental 24 Ethics Act. Such receipt shall be so filed either previously 25 during the calendar year in which his nomination papers were 26 filed or within the period for the filing of nomination 27 papers in accordance with the general election law. 28 (b) Notwithstanding the foregoing, any special charter 29 district whose board is appointed by the mayor or other 30 corporate authority of that municipality may, by resolution 31 adopted by the corporate authorities of that municipality 32 cease to control its school under the Act under which it was 33 organized, become a part of the school township or townships 34 in which it is situated and become organized under the SB745 Engrossed -655- LRB9101253EGfg 1 general school law. If such a resolution is adopted, the 2 board of education shall continue to exercise its powers and 3 duties under the general school law. Each member of the 4 board of education selected under the provisions of the 5 special charter shall continue in office until his term has 6 expired. Before the term of each of these members expires, 7 the board shall give notice of an election to be held on the 8 date of the next regular school election, in accordance with 9 the general election law to fill the vacancy which is 10 created. 11 (Source: P.A. 81-1490; revised 10-20-98.) 12 (105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4) 13 Sec. 32-1.4. Petition - referendum - election of board. 14 Upon petition of 50 voters of any district as defined in 15 Section 32-1.3 presented to the board having the control and 16 management of schools, the board shall, at the next regularly 17 scheduled election held in such district cause to be 18 submitted to the voters thereof, in accordance with the 19 general election law, the proposition of "electing a board of 20 education having the powers conferred upon such boards in 21 districts organized under The School Code". The board shall 22 publish notice of such election, in the manner provided by 23 the general election law, which notice may be in the 24 following form: 25 Public notice is hereby given that on (insert date),the26.... day of .... 19..,a referendum will be held at ...., 27 between the hours of ... ..m.,and ... ..m.,of said day for 28 the purpose of deciding the question of "electing a board of 29 education having the powers conferred upon such boards in 30 districts organized under the School Code". 31 If a majority of the votes cast is in favor of the 32 proposition, then at the time of the next regular election 33 for boards of education, there shall be elected a board of SB745 Engrossed -656- LRB9101253EGfg 1 education for the district. 2 (Source: P.A. 81-1490; revised 10-20-98.) 3 (105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2) 4 Sec. 32-5.2. Moneys paid into treasury - Delivery of 5 bonds - Records. All moneys borrowed by virtue of Section 6 32-5,shall be paid into the treasury of the school district. 7 Upon receiving the moneys, the treasurer shall deliver the 8 bonds issued therefor to the persons entitled to receive 9 them, and shall credit the amount received to the district. 10 The treasurer shall record the amount received for each bond 11 issued, and when any bond is paid the treasurer shall cancel 12 it and enter in the register opposite the record of the bond 13 the words "paid and cancelled"this .... day of ...., 19.."14filling the blanks with the date, monthandyear15corresponding withthe date of the payment. 16 (Source: Laws 1961, p. 31; revised 10-20-98.) 17 (105 ILCS 5/32-7) (from Ch. 122, par. 32-7) 18 Sec. 32-7. Form of bond. The form of bond to be given by 19 any treasurer who has the custody of funds belonging to any 20 special charter district shall be substantially in the 21 following form: 22 We, (AB), principal, and (CD and EF), sureties, all of 23 the County of .... and State of Illinois, are obligated to 24 the People of the State of Illinois, for the use of the .... 25 (name of school district) in the penal sum of $...., for the 26 payment of which to be made, we obligate ourselves, and each 27 of us, our heirs, executors, administrators, successors, and 28 assigns. 29 Dated (insert date).1930 The condition of the above bond is that if the above 31 obligated (AB) shall perform all the duties which are, or may 32 be required by law to be performed by him as treasurer of the SB745 Engrossed -657- LRB9101253EGfg 1 school district in the time and manner prescribed, or to be 2 prescribed by law, and when he shall be succeeded in office 3 and surrender and deliver over to his successor in office all 4 books, papers, moneys, and other things belonging to the 5 school district and pertaining to his office, then the above 6 bond to be void; otherwise, to remain in full force. 7 It is expressly understood and intended that the 8 obligation of the above named sureties shall not extend to 9 any loss sustained by the insolvency, failure, or closing of 10 any bank or savings and loan association organized and 11 operating either under the laws of the State of Illinois or 12 the United States wherein such treasurer has placed the funds 13 in his custody or control, or any part thereof, provided, 14 such depository has been approved by the (board of education, 15 board of school inspectors or other governing body of the 16 particular district) of the .... (name of district). 17 A B .... 18 C D .... 19 E F .... 20 (Source: P.A. 84-550; revised 10-20-98.) 21 (105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1) 22 Sec. 34-21.1. Additional powers. In addition to other 23 powers and authority now possessed by it, the board shall 24 have power: 25 (1) To lease from any public building commission created 26 pursuant to the provisions of the Public Building Commission 27 Act, approved July 5, 1955, as heretofore or hereafter 28 amended or from any individuals, partnerships or 29 corporations, any real or personal property for the purpose 30 of securing space for its school purposes or office or other 31 space for its administrative functions for a period of time 32 not exceeding 40 years. 33 (2) To pay for the use of this leased property in SB745 Engrossed -658- LRB9101253EGfg 1 accordance with the terms of the lease and with the 2 provisions of the Public Building Commission Act, approved 3 July 5, 1955, as heretofore or hereafter amended. 4 (3) Such lease may be entered into without making a 5 previous appropriation for the expense thereby incurred; 6 provided, however, that if the board undertakes to pay all or 7 any part of the costs of operating and maintaining the 8 property of a public building commission as authorized in 9 subparagraph (4) of this Section, such expenses of operation 10 and maintenance shall be included in the annual budget of 11 such board annually during the term of such undertaking. 12 (4) In addition, the board may undertake, either in the 13 lease with a public building commission or by separate 14 agreement or contract with a public building commission, to 15 pay all or any part of the costs of maintaining and operating 16 the property of a public building commission for any period 17 of time not exceeding 40 years. 18 (5) To enter into agreements, including lease and lease 19 purchase agreements having a term not longer than 40 years 20 from the date on which such agreements are entered into, with 21 private sector individuals, partnerships, or corporations for 22 the construction of school buildings, school administrative 23 offices, site development, and school support facilities. 24 The board shall maintain exclusive possession of all schools, 25 school administrative offices, and school facilities which it 26 is occupying or acquiring pursuant to any such lease or lease 27 purchase agreement, and in addition shall have and exercise 28 complete control over the education program conducted at such 29 schools, offices and facilities. The board's contribution 30 under any such agreement shall be limited to the use of the 31 real estate and existing improvements on a rental basis which 32 shall be exempt from any form of leasehold tax or assessment, 33 but the interests of the board may be subordinated to the 34 interests of a mortgage holder or holders acquired as SB745 Engrossed -659- LRB9101253EGfg 1 security for additional improvements made on the property. 2 (6) To make payments on a lease or lease purchase 3 agreement entered into pursuant to subparagraph (5) of this 4 Section with an individual, partnership, or a corporation for 5 school buildings, school administrative offices, and school 6 support facilities constructed by such individual, 7 partnership, or corporation. 8 (7) To purchase the interests of an individual, 9 partnership, or corporation pursuant to any lease or lease 10 purchase agreement entered into by the board pursuant to 11 subparagraph (5) of this Section, and to assume or retire any 12 outstanding debt or obligation relating to such lease or 13 lease purchase agreement for any school building, school 14 administrative office, or school support facility. 15 (8) Subject to the provisions of subparagraph (9) of 16 this Section, to enter into agreements, including lease and 17 lease purchase agreements, having a term not longer than 40 18 years from the date on which such agreements are entered into 19 for the provision of school buildings and related property 20 and facilities for an agricultural science school. The 21 enrollment in such school shall be limited to 600 students. 22 Under such agreements the board shall have exclusive 23 possession of all such school buildings and related property 24 and facilities which it is occupying or acquiring pursuant to 25 any such agreements, and in addition shall have and exercise 26 complete control over the educational program conducted at 27 such school. Under such agreements the board also may lease 28 to another party to such agreement real estate and existing 29 improvements which are appropriate and available for use as 30 part of the necessary school buildings and related property 31 and facilities for an agricultural science school. Any 32 interest created by such a lease shall be exempt from any 33 form of leasehold tax or assessment, and the interests of the 34 board as owner or lessor of property covered by such a lease SB745 Engrossed -660- LRB9101253EGfg 1 may be subordinated to the interests of a mortgage holder or 2 holders acquired as security for additional improvements made 3 on the property. In addition, but subject to the provisions 4 of subparagraph (9) of this Section, the board is authorized: 5 (i) to pay for the use of school buildings and related 6 property and facilities for an agricultural science school as 7 provided for in an agreement entered into pursuant to this 8 subparagraph (8) and to enter into any such agreement without 9 making a previous appropriation for the expense thereby 10 incurred; and (ii) to enter into agreements to purchase any 11 ownership interests in any school buildings and related 12 property and facilities subject to any agreement entered into 13 by the board pursuant to this subparagraph (8) and to assume 14 or retire any outstanding debt or obligation relating to such 15 school buildings and related property and facilities. 16 (9) Notwithstanding the provisions of subparagraph (8) 17 of this Section or any other law, the board shall not at any 18 time on or after the effective date of this amendatory Act of 19 1991 enter into any new lease or lease purchase agreement, or 20 amend or modify any existing lease, lease purchase or other 21 agreement entered into pursuant to subparagraphsubpargraph22 (8), covering all or any part of the property or facilities, 23 consisting of 78.85 acres more or less, heretofore purchased 24 or otherwise acquired by the board for an agricultural 25 science school; nor shall the board enter into any agreement 26 on or after the effective date of this amendatory Act of 1991 27 to sell, lease, transfer or otherwise convey all or any part 28 of the property so purchased or acquired, nor any of the 29 school buildings or related facilities thereon, but the same 30 shall be held, used, occupied and maintained by the board 31 solely for the purpose of conducting and operating an 32 agricultural science school. The board shall not, on or 33 after the effective date of this amendatory Act of 1991, 34 enter into any contracts or agreements for the construction, SB745 Engrossed -661- LRB9101253EGfg 1 alteration or modification of any new or existing school 2 buildings or related facilities or structural improvements on 3 any part of the 78.85 acres purchased or otherwise acquired 4 by the board for agricultural science school purposes, 5 excepting only those contracts or agreements that are entered 6 into by the board for the construction, alteration or 7 modification of such school buildings, related facilities or 8 structural improvements that on the effective date of this 9 amendatory Act of 1991 are either located upon, under 10 construction upon or scheduled under existing plans and 11 specifications to be constructed upon a parcel of land, 12 consisting of 17.45 acres more or less and measuring 13 approximately 880 feet along its northerly and southerly 14 boundaries and 864 feet along its easterly and westerly 15 boundaries, located in the northeast part of the 78.85 acres. 16 Nothing in this subparagraph (9) shall be deemed or construed 17 to alter, modify, impair or otherwise affect the terms and 18 provisions of, nor the rights and obligations of the parties 19 under any agreement or contract made and entered into by the 20 board prior to the effective date of this amendatory Act (i) 21 for the acquisition, lease or lease purchase of, or for the 22 construction, alteration or modification of any school 23 buildings, related facilities or structural improvements upon 24 all or any part of the 78.85 acres purchased or acquired by 25 the board for agricultural science school purposes, or (ii) 26 for the lease by the board of an irregularly shaped parcel, 27 consisting of 23.19 acres more or less, of that 78.85 acres 28 for park board purposes. 29 (Source: P.A. 87-722; revised 2-24-98.) 30 (105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1) 31 Sec. 34-84a.1. Principals shall report incidents of 32 intimidation. The principal of each attendance center shall 33 promptly notify and report to the local law enforcement SB745 Engrossed -662- LRB9101253EGfg 1 authorities for inclusion in the Department of State Police's 2Law Enforcement'sIllinois Uniform Crime Reporting Program 3 each incident of intimidation of which he or she has 4 knowledge and each alleged incident of intimidation which is 5 reported to him or her, either orally or in writing, by any 6 pupil or by any teacher or other certificated or 7 non-certificated personnel employed at the attendance center. 8 "Intimidation" shall have the meaning ascribed to it by 9 Section 12-6 of the Criminal Code of 1961. 10 (Source: P.A. 84-1020; revised 10-31-98.) 11 Section 102. The Illinois School Student Records Act is 12 amended by changing Section 6 as follows: 13 (105 ILCS 10/6) (from Ch. 122, par. 50-6) 14 (Text of Section before amendment by P.A. 90-590) 15 Sec. 6. (a) No school student records or information 16 contained therein may be released, transferred, disclosed or 17 otherwise disseminated, except as follows: 18 (1) To a parent or student or person specifically 19 designated as a representative by a parent, as provided 20 in paragraph (a) of Section 5; 21 (2) To an employee or official of the school or 22 school district or State Board with current demonstrable 23 educational or administrative interest in the student, in 24 furtherance of such interest; 25 (3) To the official records custodian of another 26 school within Illinois or an official with similar 27 responsibilities of a school outside Illinois, in which 28 the student has enrolled, or intends to enroll, upon the 29 request of such official or student; 30 (4) To any person for the purpose of research, 31 statistical reporting or planning, provided that no 32 student or parent can be identified from the information SB745 Engrossed -663- LRB9101253EGfg 1 released and the person to whom the information is 2 released signs an affidavit agreeing to comply with all 3 applicable statutes and rules pertaining to school 4 student records; 5 (5) Pursuant to a court order, provided that the 6 parent shall be given prompt written notice upon receipt 7 of such order of the terms of the order, the nature and 8 substance of the information proposed to be released in 9 compliance with such order and an opportunity to inspect 10 and copy the school student records and to challenge 11 their contents pursuant to Section 7; 12 (6) To any person as specifically required by State 13 or federal law; 14 (7) Subject to regulations of the State Board, in 15 connection with an emergency, to appropriate persons if 16 the knowledge of such information is necessary to protect 17 the health or safety of the student or other persons; 18 (8) To any person, with the prior specific dated 19 written consent of the parent designating the person to 20 whom the records may be released, provided that at the 21 time any such consent is requested or obtained, the 22 parent shall be advised in writing that he has the right 23 to inspect and copy such records in accordance with 24 Section 5, to challenge their contents in accordance with 25 Section 7 and to limit any such consent to designated 26 records or designated portions of the information 27 contained therein; or 28 (9) To a governmental agency, or social service 29 agency contracted by a governmental agency, in 30 furtherance of an investigation of a student's school 31 attendance pursuant to the compulsory student attendance 32 laws of this State, provided that the records are 33 released to the employee or agent designated by the 34 agency. SB745 Engrossed -664- LRB9101253EGfg 1 (b) No information may be released pursuant to 2 subparagraphs (3) or (6) of paragraph (a) of this Section 6 3 unless the parent receives prior written notice of the nature 4 and substance of the information proposed to be released, and 5 an opportunity to inspect and copy such records in accordance 6 with Section 5 and to challenge their contents in accordance 7 with Section 7. Provided, however, that such notice shall be 8 sufficient if published in a local newspaper of general 9 circulation or other publication directed generally to the 10 parents involved where the proposed release of information is 11 pursuant to subparagraph 6 of paragraph (a) in this Section 6 12 and relates to more than 25 students. 13 (c) A record of any release of information pursuant to 14 this Section must be made and kept as a part of the school 15 student record and subject to the access granted by Section 16 5. Such record of release shall be maintained for the life of 17 the school student records and shall be available only to the 18 parent and the official records custodian. Each record of 19 release shall also include: 20 (1) The nature and substance of the information 21 released; 22 (2) The name and signature of the official records 23 custodian releasing such information; 24 (3) The name of the person requesting such 25 information, the capacity in which such a request has 26 been made, and the purpose of such request; 27 (4) The date of the release; and 28 (5) A copy of any consent to such release. 29 (d) Except for the student and his parents, no person to 30 whom information is released pursuant to this Section and no 31 person specifically designated as a representative by a 32 parent may permit any other person to have access to such 33 information without a prior consent of the parent obtained in 34 accordance with the requirements of subparagraph (8) of SB745 Engrossed -665- LRB9101253EGfg 1 paragraph (a) of this Section. 2 (e) Nothing contained in this Act shall prohibit the 3 publication of student directories which list student names, 4 addresses and other identifying information and similar 5 publications which comply with regulations issued by the 6 State Board. 7 (Source: P.A. 90-566, eff. 1-2-98.) 8 (Text of Section after amendment by P.A. 90-590) 9 Sec. 6. (a) No school student records or information 10 contained therein may be released, transferred, disclosed or 11 otherwise disseminated, except as follows: 12 (1) To a parent or student or person specifically 13 designated as a representative by a parent, as provided 14 in paragraph (a) of Section 5; 15 (2) To an employee or official of the school or 16 school district or State Board with current demonstrable 17 educational or administrative interest in the student, in 18 furtherance of such interest; 19 (3) To the official records custodian of another 20 school within Illinois or an official with similar 21 responsibilities of a school outside Illinois, in which 22 the student has enrolled, or intends to enroll, upon the 23 request of such official or student; 24 (4) To any person for the purpose of research, 25 statistical reporting or planning, provided that no 26 student or parent can be identified from the information 27 released and the person to whom the information is 28 released signs an affidavit agreeing to comply with all 29 applicable statutes and rules pertaining to school 30 student records; 31 (5) Pursuant to a court order, provided that the 32 parent shall be given prompt written notice upon receipt 33 of such order of the terms of the order, the nature and 34 substance of the information proposed to be released in SB745 Engrossed -666- LRB9101253EGfg 1 compliance with such order and an opportunity to inspect 2 and copy the school student records and to challenge 3 their contents pursuant to Section 7; 4 (6) To any person as specifically required by State 5 or federal law; 6 (6.5) To juvenile authorities when necessary for 7 the discharge of their official duties who request 8 information prior to adjudication of the student and who 9 certify in writing that the information will not be 10 disclosed to any other party except as provided under law 11 or order of court. For purposes of this Section 12 "juvenile authorities" means: (i) a judge of the circuit 13 court and members of the staff of the court designated by 14 the judge; (ii) parties to the proceedings under the 15 Juvenile Court Act of 1987 and their attorneys; (iii) 16 probation officers and court appointed advocates for the 17 juvenile authorized by the judge hearing the case; (iv) 18 any individual, public or private agency having custody 19 of the child pursuant to court order; (v) any individual, 20 public or private agency providing education, medical or 21 mental health service to the child when the requested 22 information is needed to determine the appropriate 23 service or treatment for the minor; (vi) any potential 24 placement provider when such release is authorized by the 25 court for the limited purpose of determining the 26 appropriateness of the potential placement; (vii) law 27 enforcement officers and prosecutors; (viii) adult and 28 juvenile prisoner review boards; (ix) authorized military 29 personnel; (x) individuals authorized by court; 30 (7) Subject to regulations of the State Board, in 31 connection with an emergency, to appropriate persons if 32 the knowledge of such information is necessary to protect 33 the health or safety of the student or other persons; 34 (8) To any person, with the prior specific dated SB745 Engrossed -667- LRB9101253EGfg 1 written consent of the parent designating the person to 2 whom the records may be released, provided that at the 3 time any such consent is requested or obtained, the 4 parent shall be advised in writing that he has the right 5 to inspect and copy such records in accordance with 6 Section 5, to challenge their contents in accordance with 7 Section 7 and to limit any such consent to designated 8 records or designated portions of the information 9 contained therein; or 10 (9) To a governmental agency, or social service 11 agency contracted by a governmental agency, in 12 furtherance of an investigation of a student's school 13 attendance pursuant to the compulsory student attendance 14 laws of this State, provided that the records are 15 released to the employee or agent designated by the 16 agency. 17 (b) No information may be released pursuant to 18 subparagraphs (3) or (6) of paragraph (a) of this Section 6 19 unless the parent receives prior written notice of the nature 20 and substance of the information proposed to be released, and 21 an opportunity to inspect and copy such records in accordance 22 with Section 5 and to challenge their contents in accordance 23 with Section 7. Provided, however, that such notice shall be 24 sufficient if published in a local newspaper of general 25 circulation or other publication directed generally to the 26 parents involved where the proposed release of information is 27 pursuant to subparagraph 6 of paragraph (a) in this Section 6 28 and relates to more than 25 students. 29 (c) A record of any release of information pursuant to 30 this Section must be made and kept as a part of the school 31 student record and subject to the access granted by Section 32 5. Such record of release shall be maintained for the life of 33 the school student records and shall be available only to the 34 parent and the official records custodian. Each record of SB745 Engrossed -668- LRB9101253EGfg 1 release shall also include: 2 (1) The nature and substance of the information 3 released; 4 (2) The name and signature of the official records 5 custodian releasing such information; 6 (3) The name of the person requesting such 7 information, the capacity in which such a request has 8 been made, and the purpose of such request; 9 (4) The date of the release; and 10 (5) A copy of any consent to such release. 11 (d) Except for the student and his parents, no person to 12 whom information is released pursuant to this Section and no 13 person specifically designated as a representative by a 14 parent may permit any other person to have access to such 15 information without a prior consent of the parent obtained in 16 accordance with the requirements of subparagraph (8) of 17 paragraph (a) of this Section. 18 (e) Nothing contained in this Act shall prohibit the 19 publication of student directories which list student names, 20 addresses and other identifying information and similar 21 publications which comply with regulations issued by the 22 State Board. 23 (Source: P.A. 90-566, eff. 1-2-98; 90-590, eff. 1-1-00; 24 revised 9-16-98.) 25 Section 103. The Asbestos Abatement Act is amended by 26 changing Section 6 as follows: 27 (105 ILCS 105/6) (from Ch. 122, par. 1406) 28 Sec. 6. Powers and Duties of the Department. 29 (a) The Department is empowered to promulgate any rules 30 necessary to ensure proper implementation and administration 31 of this Act and of the federal Asbestos Hazard Emergency 32 Response Act of 1986, and the regulations promulgated SB745 Engrossed -669- LRB9101253EGfg 1 thereunder. 2 (b) Rules promulgated by the Department shall include, 3 but not be limited to: 4 (1) all rules necessary to achieve compliance with 5 the federal Asbestos Hazard Emergency Response Act of 6 1986 and the regulations promulgated thereunder;.7 (2) rules providing for the training and licensing 8 of persons and firms to perform asbestos inspection and 9 air sampling; to perform abatement work; and to serve as 10 asbestos abatement contractors, management, planners, 11 project designers, project supervisors, project managers 12 and asbestos workers for public and private secondary and 13 elementary schools; and any necessary rules relating to 14 the correct and safe performance of those tasks; and.15 (3) rules for the development and submission of 16 asbestos management plans by local educational agencies, 17 and for review and approval of such plans by the 18 Department. 19 (c) In carrying out its responsibilities under this Act, 20 the Department shall: 21 (1) publish a list of persons and firms licensed 22 pursuant to this Act, except that the Department shall 23 not be required to publish a list of licensed asbestos 24 workers; 25 (2) require each local educational agency to 26 maintain records of asbestos-related activities, which 27 shall be made available to the Department upon request; 28 and 29 (3) require local educational agencies to submit to 30 the Department for review and approval all 31 asbestos-related response action contracts for which the 32 local educational agency seeks indemnification under the 33 Response Action ContractorContractorsIndemnification 34 Act, and with respect to such response action contracts, SB745 Engrossed -670- LRB9101253EGfg 1 to collect from the local educational agency and deposit 2 in the Response Contractors Indemnification Fund 5% of 3 the amount of each response action contract, as required 4 under the Response Action Contractor Indemnification Act. 5 (d) Adopt rules for the collection of fees for training 6 course approval; and for licensing of inspectors, management 7 planners, project designers, contractors, supervisors, air 8 sampling professionals, project managers and workers. 9 (Source: P.A. 86-416; revised 10-31-98.) 10 Section 104. The Private Business and Vocational Schools 11 Act is amended by changing Section 7 as follows: 12 (105 ILCS 425/7) (from Ch. 144, par. 142) 13 Sec. 7. Application commitments. Each application for a 14 certificate of approval shall also contain the following 15 commitments: 16 1. To conduct the school in accordance with this Act and 17 the standards, rules and regulations from time to time 18 established and promulgated hereunder; 19 2. To conduct the school in accordance with the 20 standards of the school's regional or national accrediting 21 agency, if any; 22 2.5. To meet standards and requirements at least as 23 stringent as those required by Part H of the Federal Higher 24 Education Act of 1965;.25 3. To maintain student transcript records for at least 26 50 years after the student has departed from the school; 27 4. To conduct instruction in each course of instruction 28 on its certificate of approval at least once during the 29 approval year for which the certificate is issued; 30 5. To permit the Superintendent or his or her designees 31 to inspect the school or classes thereof from time to time 32 with or without notice; and to make available to the SB745 Engrossed -671- LRB9101253EGfg 1 Superintendent or his or her designees, at any time when 2 required to do so, information including financial 3 information pertaining to the activities of the school 4 required for the administration of this Act and the 5 standards, rules and regulations established and promulgated 6 hereunder; 7 6. To utilize only advertising and solicitation which is 8 free from misrepresentation, deception or fraud, or other 9 misleading or unfair trade practices; 10 7. To not promise or agree to any right or privilege in 11 respect to professional examinations or to the practice of 12 any profession in violation of the laws of this State; 13 8. To screen applicants for each course of instruction 14 prior to enrollment and maintain such records for 7 years. 15 If the course being offered is in a language other than 16 English, the screening must include that language; and.17 9. To post in a conspicuous place a statement, as 18 developed by the Superintendent, of students' rights provided 19 under this Act. 20 (Source: P.A. 88-483; revised 10-31-98.) 21 Section 108. The Public University Energy Conservation 22 Act is amended by renumbering Section 5.5 as follows: 23 (110 ILCS 62/5-5) 24 Sec. 5-5.5.5.Public university. "Public university" 25 means any of the the following institutions of higher 26 learning: the University of Illinois, Southern Illinois 27 University, Northern Illinois University, Eastern Illinois 28 University, Western Illinois University, Northeastern 29 Illinois University, Chicago State University, Governors 30 State University, or Illinois State University, acting in 31 each case through its board of trustees or through a designee 32 of that board. SB745 Engrossed -672- LRB9101253EGfg 1 (Source: P.A. 90-486, eff. 8-17-97; revised 10-28-98.) 2 Section 16. The Board of Higher Education Act is amended 3 by setting forth and renumbering multiple versions of Section 4 9.27 as follows: 5 (110 ILCS 205/9.27) 6 Sec. 9.27. Technology Grants. To establish and 7 administer a program or programs of grants for the purpose of 8 improving and making available state-of-the-art technologies 9 for Illinois institutions of higher education. Such grants 10 may be awarded to public institutions of higher learning or 11 nonpublic institutions of higher learning or to both public 12 and nonpublic institutions of higher learning. Such grants 13 may be made for technology purposes that include, but are not 14 limited to, the purchase of equipment or services or both to 15 improve computing and computer networking and to enhance 16 connectivity to external networks. 17 The Board shall adopt such rules and regulations as may 18 be necessary to accomplish the purposes of this Section. 19 (Source: P.A. 90-730, eff. 8-10-98.) 20 (110 ILCS 205/9.28) 21 Sec. 9.28.9.27.Graduation incentive grant program. 22 (a) The graduation incentive grant program is hereby 23 created. The program shall be implemented and administered 24 by the Board of Higher Education to provide grant incentives 25 to public universities that offer their undergraduate 26 students contracts under which the university commits itself 27 to provide the courses, programs, and support services 28 necessary to enable the contracting students to graduate 29 within 4 years. Grants shall be awarded from appropriations 30 made to the Board of Higher Education for purposes of this 31 Section. SB745 Engrossed -673- LRB9101253EGfg 1 (b) To be eligible for grant consideration, a public 2 university shall annually file a report with the Board of 3 Higher Education detailing its 4-year graduation contract 4 program. The report shall include, at a minimum, the 5 following information: the number of undergraduate students 6 participating in the program, the requirements of the 4-year 7 graduation contracts offered by the university, the types of 8 additional support services provided by the university to the 9 contracting students, and the cost of the program. 10 (c) In awarding grants to public universities under this 11 Section, the Board of Higher Education may consider each 12 applicant's report data, the number of institutions wishing 13 to participate, and such other criteria as the Board of 14 Higher Education determines to be appropriate. 15 (d) The Board of Higher Education shall annually submit 16 to the Governor and the General Assembly a budgetary 17 recommendation for grants under this Section and shall notify 18 applicants for grant assistance that the award of grants 19 under this Section is contingent upon the availability of 20 appropriated funds. 21 (e) The Board of Higher Education may adopt such rules 22 as it deems necessary for administration of the grant program 23 created by this Section. 24 (Source: P.A. 90-750, eff. 8-14-98; revised 9-21-98.) 25 Section 107. The Public Community College Act is amended 26 by changing Sections 3-7.10, 3-19, and 3-2.5 as follows: 27 (110 ILCS 805/3-7.10) (from Ch. 122, par. 103-7.10) 28 Sec. 3-7.10. Nominations for members of the board shall 29 be made by a petition signed by at least 50 voters or 10% of 30 the voters, whichever is less, residing within the district 31 and shall be filed with the secretary of the board. In 32 addition to the requirements of the general election law, the SB745 Engrossed -674- LRB9101253EGfg 1 form of such petitions shall be substantially as follows: 2 NOMINATING PETITIONS 3 To the Secretary of the Board of Trustees of Community 4 College District No. ....: 5 We the undersigned, being (.... or more) (or 10% or 6 more) of the voters residing within said district, hereby 7 petition that .... who resides at .... in the (city or 8 village) of .... in Township .... (or who resides outside any 9 city, village or incorporated town and in Township ....) in 10 said district shall be a candidate for the office of .... of 11 the Board of Trustees (full term) (vacancy) to be voted for 12 at the election to be held on (insert date).the.... day13of...., 19...14 Name: Address: 15 Nomination papers filed under this Section are not valid 16 unless the candidate named therein files with the secretary 17 of the board a receipt from the county clerk showing that the 18 candidate has filed a statement of economic interests as 19 required by the Illinois Governmental Ethics Act. Such 20 receipt shall be so filed either previously during the 21 calendar year in which his nomination papers were filed or 22 within the period for the filing of nomination papers in 23 accordance with the general election law. 24 The secretary of the board shall notify each candidate, 25 or the appropriate committee, for whom a petition for 26 nomination has been filed of their obligations under the 27 Campaign Financing Act, as required by the general election 28 law. Such notice shall be given on a form prescribed by the 29 State Board of Elections and in accordance with the 30 requirements of the general election law. 31 All petitions for the nomination of members of a board of 32 trustees shall be filed with the secretary of the board 33 within the time provided for by the general election law. 34 Said secretary shall make certification to the proper SB745 Engrossed -675- LRB9101253EGfg 1 election authority in accordance with the requirements of the 2 general election law. If the secretary is an incumbent board 3 member seeking reelection, a disinterested person must be a 4 witness to the filing of his petition. It is the duty of the 5 secretary to provide candidates with petition forms and 6 statements of candidacy. 7 The secretary shall within 7 days of filing or on the 8 last day for filing, whichever is earlier, acknowledge to the 9 petitioner in writing his acceptance of the petition. 10 In all newly organized districts the petition for the 11 nomination of candidates for members of the board at the 12 first election shall be addressed to and filed with the 13 regional superintendent in the manner specified for the 14 petitions for candidates of a community college board. For 15 such election the regional superintendent shall fulfill all 16 duties otherwise assigned to the secretary of the board. 17 (Source: P.A. 81-1490; revised 10-20-98.) 18 (110 ILCS 805/3-19) (from Ch. 122, par. 103-19) 19 Sec. 3-19. Before entering upon his duties, each 20 treasurer shall execute a bond with 2 or more persons having 21 an interest in real estate who are not members of the board 22 of the district, or with a surety company authorized to do 23 business in this State, as sureties, payable to the board of 24 the community college district for which he is treasurer and 25 conditioned upon the faithful discharge of his duties. The 26 penalty of the bond shall be at least twice the amount of all 27 bonds, notes, mortgages, moneys and effects of which he is to 28 have the custody, if individuals act as sureties, or in the 29 amount only of such bonds, notes, mortgages, moneys and 30 effects if the surety given is by a surety company authorized 31 to do business in this State, and shall be increased or 32 decreased from time to time, as the increase or decrease of 33 the amount of notes, bonds, mortgages, moneys and effects may SB745 Engrossed -676- LRB9101253EGfg 1 require, and whenever in the judgment of the State board the 2 penalty of the bond should be increased or decreased. The 3 bond must be approved by at least a majority of the board of 4 the community college district and filed with the State 5 Board. A copy of the bond must also be filed with the county 6 clerk of each county in which any part of the community 7 college district is situated. The bond shall be in 8 substantially the following form: 9 STATE OF ILLINOIS) 10 ) SS. 11 .......... COUNTY) 12 We, .... and .... are obligated, jointly and severally, 13 to the Board of Community College District No. ...., County 14 (or Counties) of .... and State of Illinois in the penal sum 15 of $...., for the payment of which we obligate ourselves, our 16 heirs, executors and administrators. 17 Dated (insert date)............. 19..18 The condition of this obligation is such that if ...., 19 treasurer in the district above stated, faithfully discharges 20 the duties of his or her office, according to law, and 21 delivers to his or her successor in office, after that 22 successor has qualified by giving bond as provided by law, 23 all moneys, books, papers, securities and property, which 24 shall come into his or her possession or control, as such 25 treasurer, from the date of his or her bond to the time that 26 his or her successor has qualified as treasurer, by giving 27 such bond as is required by law, then this obligation to be 28 void; otherwise to remain in full force and effect. 29 Signed:..................... 30 ............................ 31 ............................ 32 ............................ 33 Approved and accepted by Board of Community College 34 District No. .... County (or Counties) of .... and State of SB745 Engrossed -677- LRB9101253EGfg 1 Illinois. By .... Chairman .... Secretary 2 No part of any State or other district funds may be paid 3 to any treasurer or other persons authorized to receive it 4 unless the treasurer has filed his or her bond as required 5 herein. 6 (Source: P.A. 84-1308; revised 10-20-98.) 7 (110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5) 8 Sec. 3-20.5. (a) The board of each community college 9 district shall ascertain, as near as practicable, annually, 10 how much money must be raised by special tax for educational 11 purposes and for operations and maintenance of facilities 12 purposes for the next ensuing year. Such amounts shall be 13 certified and returned to the county clerk on or before the 14 last Tuesday in December, annually. The certificate shall be 15 signed by the chairman and secretary, and may be in the 16 following form: 17 CERTIFICATE OF TAX LEVY 18 We hereby certify that we require the sum of .... 19 dollars to be levied as a special tax for educational 20 purposes, and the sum of .... dollars to be levied as a 21 special tax for operations and maintenance of facilities 22 purposes, on the equalized assessed value of the taxable 23 property of our district, for the year (insert year).19...24 Signed on (insert date).this .... day of ...., 19...25 A .... B ...., Chairman 26 C .... D ...., Secretary 27 Community College Dist. No. ...., .... County (or 28 Counties) 29 An amended certificate may be filed by the community 30 college board within 10 days of receipt of official 31 notification from the county clerk of the multiplier that 32 will be applied to assessed value of the taxable property of 33 the district, provided such multiplier will alter the amount SB745 Engrossed -678- LRB9101253EGfg 1 of revenue received by the district from either local or 2 State sources. 3 A failure by the board to file the certificate with the 4 county clerk in the time required shall not vitiate the 5 assessment. 6 (Source: P.A. 85-1335; revised 10-20-98.) 7 Section 108. The Higher Education Student Assistance Act 8 is amended by changing Sections 35, 65.05, and 65.30 as 9 follows: 10 (110 ILCS 947/35) 11 Sec. 35. Monetary award program. 12 (a) The Commission shall, each year, receive and 13 consider applications for grant assistance under this 14 Section. Subject to a separate appropriation for such 15 purposes, an applicant is eligible for a grant under this 16 Section when the Commission finds that the applicant: 17 (1) is a resident of this State and a citizen or 18 permanent resident of the United States; and 19 (2) in the absence of grant assistance, will be 20 deterred by financial considerations from completing an 21 educational program at the qualified institution of his 22 or her choice. 23 (b) The Commission shall award renewals only upon the 24 student's application and upon the Commission's finding that 25 the applicant: 26 (1) has remained a student in good standing; 27 (2) remains a resident of this State; and 28 (3) is in a financial situation that continues to 29 warrant assistance. 30 (c) All grants shall be applicable only to tuition and 31 necessary fee costs for 2 semesters or 3 quarters in an 32 academic year. Requests for summer term assistance will be SB745 Engrossed -679- LRB9101253EGfg 1 made separately and shall be considered on an individual 2 basis according to Commission policy. Subject to a separate 3 appropriation for this purpose beginning with fiscal year 4 2000, each student who is awarded a grant under this Section 5 and is enrolled in summer school classes shall be eligible 6 for a summer school grant. The summer school grant amount 7 shall not exceed the lesser of 50 percent of the maximum 8 annual grant amount authorized by this Section or the actual 9 cost of tuition and fees at the institution at which the 10 student is enrolled at least half-time. For the regular 11 academic year, the Commission shall determine the grant 12 amount for each full-time and part-time student, which shall 13 be the smallest of the following amounts: 14 (1) $4,320 for 2 semesters or 3 quarters of 15 full-time undergraduate enrollment or $2,160 for 2 16 semesters or 3 quarters of part-time undergraduate 17 enrollment, or such lesser amount as the Commission finds 18 to be available; or 19 (2) the amount which equals the 2 semesters or 3 20 quarters tuition and other necessary fees required 21 generally by the institution of all full-time 22 undergraduate students, or in the case of part-time 23 students an amount of tuition and fees for 2 semesters or 24 3 quarters which shall not exceed one-half the amount of 25 tuition and necessary fees generally charged to full-time 26 undergraduate students by the institution; or 27 (3) such amount as the Commission finds to be 28 appropriate in view of the applicant's financial 29 resources. 30 "Tuition and other necessary fees" as used in this Section 31 include the customary charge for instruction and use of 32 facilities in general, and the additional fixed fees charged 33 for specified purposes, which are required generally of 34 nongrant recipients for each academic period for which the SB745 Engrossed -680- LRB9101253EGfg 1 grant applicant actually enrolls, but do not include fees 2 payable only once or breakage fees and other contingent 3 deposits which are refundable in whole or in part. The 4 Commission may prescribe, by rule not inconsistent with this 5 Section, detailed provisions concerning the computation of 6 tuition and other necessary fees. 7 (d) No applicant, including those presently receiving 8 scholarship assistance under this Act, is eligible for 9 monetary award program consideration under this Act after 10 receiving a baccalaureate degree or the equivalent of 10 11 semesters or 15 quarters of award payments. The Commission 12 shall determine when award payments for part-time enrollment 13 or interim or summer terms shall be counted as a partial 14 semester or quarter of payment. 15 (e) The Commission, in determining the number of grants 16 to be offered, shall take into consideration past experience 17 with the rate of grant funds unclaimed by recipients. The 18 Commission shall notify applicants that grant assistance is 19 contingent upon the availability of appropriated funds. 20 (f) The Commission may request appropriations for 21 deposit into the Monetary Award Program Reserve Fund. Monies 22 deposited into the Monetary Award Program Reserve Fund may be 23 expended exclusively for one purpose: to make Monetary Award 24 Program grants to eligible students. Amounts on deposit in 25 the Monetary Award Program Reserve Fund may not exceed 2% of 26 the current annual State appropriation for the Monetary Award 27 Program. 28 The purpose of the Monetary Award Program Reserve Fund is 29 to enable the Commission each year to assure as many students 30 as possible of their eligibility for a Monetary Award Program 31 grant and to do so before commencement of the academic year. 32 Moneys deposited in this Reserve Fund are intended to enhance 33 the Commission's management of the Monetary Award Program, 34 minimizing the necessity, magnitude, and frequency of SB745 Engrossed -681- LRB9101253EGfg 1 adjusting award amounts and ensuring that the annual Monetary 2 Award Program appropriation can be fully utilized. 3 (g) The Commission shall determine the eligibility of 4 and make grants to applicants enrolled at qualified 5 for-profit institutions in accordance with the criteria set 6 forth in this Section. The eligibility of applicants 7 enrolled at such for-profit institutions shall be limited as 8 follows: 9 (1) Beginning with the academic year 1997, only to 10 eligible first-time freshmen and first-time transfer 11 students who have attained an associate degree. 12 (2) Beginning with the academic year 1998, only to 13 eligible freshmen students, transfer students who have 14 attained an associate degree, and students who receive a 15 grant under paragraph (1) for the academic year 1997 and 16 whose grants are being renewed for the academic year 17 1998. 18 (3) Beginning with the academic year 1999, to all 19 eligible students. 20 (Source: P.A. 89-163, eff. 7-19-95; 89-330, eff. 8-17-95; 21 89-512, eff. 7-11-96; 89-626, eff. 8-9-96; 90-122, eff. 22 7-17-97; 90-647, eff. 7-24-98; 90-769, eff. 8-14-98; revised 23 9-16-98.) 24 (110 ILCS 947/65.05) 25 Sec. 65.05. Traineeship and fellowship program; training 26 of professional personnel. 27 (a) The Commission, with the advice of the Advisory 28 Council on Education of Children with Disabilities created 29 under Section 14-3.01 of the School Code, may make 30 traineeship or fellowship grants to persons of good character 31 who are interested in working in programs for the education 32 of children with disabilities, for either part-time or 33 full-time study in programs designed to qualify them under SB745 Engrossed -682- LRB9101253EGfg 1 Section 14-1.10 of the School Code. Persons to qualify for a 2 traineeship must have earned at least 60 semester hours of 3 college credit, and persons to qualify for a fellowship must 4 be graduates of a recognized college or university. Such 5 traineeships and fellowships may be in amounts of not more 6 than $1,500 per academic year for traineeships and not more 7 than $3,000 per academic year for fellowships, except an 8 additional sum up to $2,500 annually for each grantee may be 9 allowed to any approved institution of higher learning in 10 Illinois for the actual cost to the institution, as certified 11 by the institution. Part-time students and summer session 12 students may be awarded grants on a pro rata basis. The 13 Commission shall make traineeship or fellowship grants 14 available to bilingual individuals who are interested in 15 working in programs for the education of children from 16 non-English speaking backgrounds, for either part-time or 17 full-time study programs to qualify them under Section 18 14-1.10 of the School Code. 19 (b) All grants shall be made under rules and regulations 20 prescribed by the Commission and issued pursuant to this Act; 21 provided that no rule or regulation promulgated by the State 22 Board of Education prior to July 1, 1994 pursuant to the 23 exercise of any right, power, duty, responsibility or matter 24 of pending business transferred from the State Board of 25 Education to the Commission under this Section shall be 26 affected thereby, and all such rules and regulations shall 27 become the rules and regulations of the Commission until 28 modified or changed by the Commission in accordance with law. 29 (c) The Commission, with the advice of and in 30 consultation with the State Board of Education, may contract 31 with any approved institution of higher learning in Illinois 32 to offer courses required for the professional training of 33 special education personnel at such times and locations as 34 may best serve the needs of children with disabilities in SB745 Engrossed -683- LRB9101253EGfg 1 Illinois and may reimburse the institution of higher learning 2 for any financial loss incurred due to low enrollments, 3 distance from campus, or other good and substantial reason 4 satisfactory to the Advisory Council on Education of Children 5 with Disabilities. 6 (d) The Commission shall administer the traineeship and 7 fellowship account and related record of each person who is 8 attending an institution of higher learning under a 9 traineeship or fellowship awarded pursuant to this Section 10 and at each proper time shall certify to the State 11 Comptroller the current payment to be made to the holder of 12 each fellowship, in accordance with an appropriate 13 certificate of the holder of such fellowship endorsed by the 14 institution of higher learning attended by the holder. 15 (e) Following the completion of such program of study 16 the recipient of such traineeship or fellowship is expected 17 to accept employment within one year in an approved program 18 of special education for children with disabilities in 19 Illinois on the basis of 1/2 year of service for each 20 academic year of training received through a grant under this 21 Section. Persons who fail to comply with this provision may, 22 at the discretion of the Commission with the advice of the 23 Advisory Council on Education of Children with Disabilities, 24 be required to refund all or part of the traineeship or 25 fellowship moneys received. 26 (f) This Section is substantially the same as Section 27 14-10.0114A-10.01of the School Code, which Section is 28 repealed by this amendatory Act of 1993, and shall be 29 construed as a continuation of the traineeship and fellowship 30 program established by that prior law, and not as a new or 31 different traineeship or fellowship program. The State Board 32 of Education shall transfer to the Commission, as the 33 successor to the State Board of Education for all purposes of 34 administering and implementing the provisions of this SB745 Engrossed -684- LRB9101253EGfg 1 Section, all books, accounts, records, papers, documents, 2 contracts, agreements, and pending business in any way 3 relating to the traineeship and fellowship program continued 4 under this Section; and all traineeship and fellowship grants 5 at any time made under that program by, and all applications 6 for any such traineeship or fellowship grants at any time 7 made to, the State Board of Education shall be unaffected by 8 the transfer to the Commission of all responsibility for the 9 administration and implementation of the traineeship and 10 fellowship program continued under this Section. The State 11 Board of Education shall furnish to the Commission such other 12 information as the Commission may request to assist it in 13 administering this Section. 14 (Source: P.A. 88-228; 89-397, eff. 8-20-95; revised 2-24-98.) 15 (110 ILCS 947/65.30) 16 Sec. 65.30. Equal opportunity scholarships. 17 (a) The Commission may annually award a number of 18 scholarships to students who are interested in pursuing 19 studies in educational administration. Such scholarships 20 shall be issued to students who make application to the 21 Commission and who agree to take courses at qualified 22 institutions of higher learning that will allow them to 23 complete a degree in educational administration. 24 (b) Scholarships awarded under this Section shall be 25 issued pursuant to regulations promulgated by the Commission; 26 provided that no rule or regulation promulgated by the State 27 Board of Education prior to the effective date of this 28 amendatory Act of 1993 pursuant to the exercise of any right, 29 power, duty, responsibility or matter of pending business 30 transferred from the State Board of Education to the 31 Commission under this Section shall be affected thereby, and 32 all such rules and regulations shall become the rules and 33 regulations of the Commission until modified or changed by SB745 Engrossed -685- LRB9101253EGfg 1 the Commission in accordance with law. 2 (c) Such scholarships shall be utilized for the payment 3 of tuition and non-revenue bond fees at any qualified 4 institution of higher learning. Such tuition and fees shall 5 only be available for courses that will enable the student to 6 complete training in educational administration. The 7 Commission shall determine which courses are eligible for 8 tuition payments under this Section. 9 (d) The Commission may make tuition payments directly to 10 the qualified institution of higher learning which the 11 student attends for the courses prescribed or may make 12 payments to the student. Any student who receives payments 13 and who fails to enroll in the courses prescribed shall 14 refund the payments to the Commission. 15 (e) The Commission, with the cooperation of the State 16 Board of Education, shall assist students who have 17 participated in the scholarship program established by this 18 Section in finding employment in positions relating to 19 educational administration. 20 (f) Appropriations for the scholarships outlined in this 21 Section shall be made to the Commission from funds 22 appropriated by the General Assembly. 23 (g) This Section is substantially the same as Section 24 30-4d of the School Code, which Section is repealed by this 25 amendatory Act of 1993, and shall be construed as a 26 continuation of the equal opportunity scholarship program 27 established under that prior law, and not as a new or 28 different equal opportunity scholarship program. The State 29 Board of Education shall transfer to the Commission, as the 30 successor to the State Board of Education for all purposes of 31 administering and implementing the provisions of this 32 Section, all books, accounts, records, papers, documents, 33 contracts, agreements, and pending business in any way 34 relating to the equal opportunity scholarship program SB745 Engrossed -686- LRB9101253EGfg 1 continued under this Section; and all scholarships at any 2 time awarded under that program by, and all applications for 3 any such scholarship at any time made to, the State Board of 4 Education shall be unaffected by the transfer to the 5 Commission of all responsibility for the administration and 6 implementation of the equal opportunity scholarship program 7 continued under this Section. The State Board of Education 8 shall furnish to the Commission such other information as the 9 Commission may request to assist it in administering this 10 Section. 11 (h) For purposes of this Section: 12 (1) "Qualified institution of higher learning" 13 means the University of Illinois; Southern Illinois 14 University; Chicago State University; Eastern Illinois 15 University; Governors State University; Illinois State 16 University; Northeastern Illinois University; Northern 17 Illinois University; Western Illinois University; the 18 public community colleges of the State; any other public 19 universities, colleges and community colleges now or 20 hereafter established or authorized by the General 21 Assembly; and any Illinois privately operated, not for 22 profit institution located in this State which provides 23 at least an organized 2-year program of collegiate grade 24 in liberal arts or sciences, or both, directly applicable 25 toward the attainment of a baccalaureate or graduate 26 degree. 27 (2) "Racial minority" means a: 28 (i) Black (a person having origins in any of 29 the black racial groups in Africa); 30 (ii) Hispanic (a person of Spanish or 31 Portuguese culture with origins in Mexico, South or 32 Central America, or the Caribbean Islands, 33 regardless of race1ace); 34 (iii) Asian American (a person having origins SB745 Engrossed -687- LRB9101253EGfg 1 in any of the original peoples of the Far East, 2 Southeast Asia, the Indian Subcontinent or the 3 Pacific Islands); or 4 (iv) American Indian or Alaskan Native (a 5 person having origins in any of the original peoples 6 of North America). 7 (3) "Student" means a woman or racial minority. 8 (Source: P.A. 88-228; 89-4, eff. 1-1-96; revised 10-31-98.) 9 Section 109. The Illinois Banking Act is amended by 10 changing Sections 30 and 60 as follows: 11 (205 ILCS 5/30) (from Ch. 17, par. 337) 12 Sec. 30. Conversion; merger with trust company. Upon 13 approval by the Commissioner a trust company having power so 14 to do under the law under which it is organized may convert 15 into a state bank or may merge into a state bank as 16 prescribed by this Act; except that the action by a trust 17 company shall be taken in the manner prescribed by and shall 18 be subject to limitations and requirements imposed by the law 19 under which it is organized which law shall also govern the 20 rights of its dissenting stockholders. The rights of 21 dissenting stockholders of a state bank shall be governed by 22 Section 29 of this Act. The conversion or merger procedure 23 shall be: 24 (1) In the case of a merger, the board of directors of 25 both the merging trust company and the merging bank by a 26 majority of the entire board in each case shall approve a 27 merger agreement which shall contain: 28 (a) The name and location of the merging bank and 29 of the merging trust company and a list of the 30 stockholders of each as of the date of the merger 31 agreement; 32 (b) With respect to the resulting bank (i) its name SB745 Engrossed -688- LRB9101253EGfg 1 and place of business; (ii) the amount of capital, 2 surplus and reserve for operating expenses; (iii) the 3 classes and the number of shares of stock and the par 4 value of each share; (iv) the charter which is to be the 5 charter of the resulting bank, together with the 6 amendments to the continuing charter and to the 7 continuing by-laws; and (v) a detailed financial 8 statement showing the assets and liabilities after the 9 proposed merger; 10 (c) Provisions governing the manner of converting 11 the shares of the merging bank and of the merging trust 12 company into shares of the resulting bank; 13 (d) A statement that the merger agreement is 14 subject to approval by the Commissioner and by the 15 stockholders of the merging bank and the merging trust 16 company, and that whether approved or disapproved, the 17 parties thereto will pay the Commissioner's expenses of 18 examination; 19 (e) Provisions governing the manner of disposing of 20 the shares of the resulting bank not taken by the 21 dissenting stockholders of the merging trust company; and 22 (f) Such other provisions as the Commissioner may 23 reasonably require to enable him to discharge his duties 24 with respect to the merger. 25 (2) After approval by the board of directors of the 26 merging bank and of the merging trust company, the merger 27 agreement shall be submitted to the Commissioner for approval 28 together with the certified copies of the authorizing 29 resolution of each board of directors showing approval by a 30 majority of each board. 31 (3) After receipt by the Commissioner of the papers 32 specified in subsection (2), he shall approve or disapprove 33 the merger agreement. The Commissioner shall not approve the 34 agreement unless he shall be of the opinion and finds: SB745 Engrossed -689- LRB9101253EGfg 1 (a) That the resulting bank meets the requirements 2 of this Act for the formation of a new bank at the 3 proposed place of business of the resulting bank; 4 (b) That the same matters exist in respect of the 5 resulting bank which would have been required under 6 Section 10 of this Act for the organization of a new 7 bank; and 8 (c) That the merger agreement is fair to all 9 persons affected. If the Commissioner disapproves the 10 merger agreement, he shall state his objections in 11 writing and give an opportunity to the merging bank and 12 the merging trust company to obviate such objections. 13 (4) To be effective, if approved by the Commissioner, a 14 merger of a bank and a trust company where there is to be a 15 resulting bank must be approved by the affirmative vote of 16 the holders of at least two-thirds of the outstanding shares 17 of stock of the merging bank entitled to vote at a meeting 18 called to consider such action, unless holders of preferred 19 stock are entitled to vote as a class in respect thereof, in 20 which event the proposed merger shall be adopted upon 21 receiving the affirmative vote of the holders of at least 22 two-thirds of the outstanding shares of each class of shares 23 entitled to vote as a class in respect thereof and of the 24 total outstanding shares entitled to vote at such meeting and 25 must be approved by the stockholders of the merging trust 26 company as provided by the Act under which it is organized. 27 The prescribed vote by the merging bank and the merging trust 28 company shall constitute the adoption of the charter and 29 by-laws of the continuing bank, including the amendments in 30 the merger agreement, as the charter and by-laws of the 31 resulting bank. Written or printed notice of the meeting of 32 the stockholders of the merging bank shall be given to each 33 stockholder of record entitled to vote at such meeting at 34 least thirty days before such meeting and in the manner SB745 Engrossed -690- LRB9101253EGfg 1 provided in this Act for the giving of notice of meetings of 2 stockholders. The notice shall state that dissenting 3 stockholders of the merging trust company will be entitled to 4 payment of the value of those shares which are voted against 5 approval of the merger, if a proper demand is made on the 6 resulting bank and the requirements of the Act under which 7 the merging trust company is organized are satisfied.;8 (5) Unless a later date is specified in the merger 9 agreement, the merger shall become effective upon the filing 10 with the Commissioner of the executed merger agreement, 11 together with copies of the resolutions of the stockholders 12 of the merging bank and the merging trust company approving 13 it, certified by the president or a vice-president or, the 14 cashier and also by the secretary or other officer charged 15 with keeping the records. The charter of the merging trust 16 company shall thereupon automatically terminate. The 17 Commissioner shall thereupon issue to the continuing bank a 18 certificate of merger which shall specify the name of the 19 merging trust company, the name of the continuing bank and 20 the amendments to the charter of the continuing bank provided 21 for by the merger agreement. Such certificate shall be 22 conclusive evidence of the merger and of the correctness of 23 all proceedings therefor in all courts and places including 24 the office of the Secretary of State, and said certificate 25 shall be recorded. 26 (6) In the case of a conversion, a trust company shall 27 apply for a charter by filing with the Commissioner: 28 (a) A certificate signed by its president, or a 29 vice-president, and by a majority of the entire board of 30 directors setting forth the corporate action taken in 31 compliance with the provisions of the Act under which it 32 is organized governing the conversion of a trust company 33 to a bank or governing the merger of a trust company into 34 another corporation; SB745 Engrossed -691- LRB9101253EGfg 1 (b) The plan of conversion and the proposed 2 charter approved by the stockholders for the operation of 3 the trust company as a bank. The plan of conversion shall 4 contain (i) the name and location proposed for the 5 converting trust company; (ii) a list of its stockholders 6 as of the date of the stockholders' approval of the plan 7 of conversion; (iii) the amount of its capital, surplus 8 and reserve for operating expenses; (iv) the classes and 9 the number of shares of stock and the par value of each 10 share; (v) the charter which is to be the charter of the 11 resulting bank; and (vi) a detailed financial statement 12 showing the assets and liabilities of the converting 13 trust company; 14 (c) A statement that the plan of conversion is 15 subject to approval by the Commissioner and that, whether 16 approved or disapproved, the converting trust company 17 will pay the Commissioner's expenses of examination; and 18 (d) Such other instruments as the Commissioner may 19 reasonably require to enable him to discharge his duties 20 with respect to the conversion. 21 (7) After receipt by the Commissioner of the papers 22 specified in subsection (6), he shall approve or disapprove 23 the plan of conversion. The Commissioner shall not approve 24 the plan of conversion unless he shall be of the opinion and 25 finds: 26 (a) That the resulting bank meets the requirements 27 of this Act for the formation of a new bank at the 28 proposed place of business of the resulting bank; 29 (b) That the same matters exist in respect of the 30 resulting bank which would have been required under 31 Section 10 of this Act for the organization of a new 32 bank; and 33 (c) That the plan of conversion is fair to all 34 persons affected. SB745 Engrossed -692- LRB9101253EGfg 1 If the commissioner disapproves the plan of conversion, 2 he shall state his objections in writing and give an 3 opportunity to the converting trust company to obviate such 4 objections. 5 (8) Unless a later date is specified in the plan of 6 conversion, the conversion shall become effective upon the 7 Commissioner's approval, and the charter proposed in the plan 8 of conversion shall constitute the charter of the resulting 9 bank. The Commissioner shall issue a certificate of 10 conversion which shall specify the name of the converting 11 trust company, the name of the resulting bank and the charter 12 provided for by said plan of conversion. Such certificate 13 shall be conclusive evidence of the conversion and of the 14 correctness of all proceedings therefor in all courts and 15 places including the office of the Secretary of State, and 16 such certificate shall be recorded. 17 (9) In the case of either a merger or a conversion under 18 this Section 30, the resulting bank shall be considered the 19 same business and corporate entity as each merging bank and 20 merging trust company or as the converting trust company with 21 all the property, rights, powers, duties and obligations of 22 each as specified in Section 28 of this Act. 23 (Source: P.A. 89-541, eff. 7-19-96; revised 10-31-98.) 24 (205 ILCS 5/60) (from Ch. 17, par. 372) 25 Sec. 60. Receiver's powers; duties. Other than the 26 Federal Deposit Insurance Corporation, which shall derive its 27 powers and perform its duties pursuant to the Federal Deposit 28 Insurance Act and regulations promulgated thereunder, the 29 receiver for a state bank, under the direction of the 30 Commissioner, shall have the power and authority and is 31 charged with the duties and responsibilities as follows: 32 (1) He or she shall take possession of, and for the 33 purpose of the receivership, the title to the books, records SB745 Engrossed -693- LRB9101253EGfg 1 and assets of every description of the bank. 2 (2) He or she shall proceed to collect all debts, dues 3 and claims belonging to the bank. 4 (3) He or she shall file with the Commissioner a copy of 5 each report which he makes to the court, together with such 6 other reports and records as the Commissioner may require. 7 (4) He or she shall have authority to sue and defend in 8 his or her own name with respect to the affairs, assets, 9 claims, debts, and choseschoosesin action of the bank. 10 (5) He or she shall have authority, and it shall be his 11 or her duty, to surrender to the customers of such bank their 12 private papers and valuables left with the bankbanksfor 13 safekeeping, upon satisfactory proof of ownership. 14 (6) He or she shall have authority to redeem or take 15 down collateral hypothecated by the bank to secure its notes 16 or other evidence of indebtedness whenever the Commissioner 17 deems it to the best interest of the creditors of the bank so 18 to do. 19 (7) Whenever he or she shall find it necessary in his or 20 her opinion to use and employ money of the bank, in order to 21 protect fully and benefit the bank, by the purchase or 22 redemption of any property, real or personal, in which the 23 bank may have any rights by reason of any bond, mortgage, 24 assignment, or other claim thereto, he or she may certify the 25 facts together with his or her opinions as to the value of 26 the property involved, and the value of the equity the bank 27 may have in the property to the Commissioner, together with a 28 request for the right and authority to use and employ so much 29 of the money of the bank as may be necessary to purchase the 30 property, or to redeem the same from a sale if there was a 31 sale, and if such request is granted, the receiver may use so 32 much of the money of the bank as the Commissioner may have 33 authorized to purchase the property at such sale. 34 (8) He or she shall deposit daily all monies collected SB745 Engrossed -694- LRB9101253EGfg 1 by him or her in any state or national bank selected by the 2 Commissioner, who may require (and the bank so selected may 3 furnish) of such depository satisfactory securities or 4 satisfactory surety bond for the safekeeping and prompt 5 payment of the money so deposited. The deposits shall be 6 made in the name of the Commissioner in trust for the bank 7 and be subject to withdrawal upon his or her order or upon 8 the order of such persons as the Commissioner may designate. 9 Such monies may be deposited without interest, unless 10 otherwise agreed. However, if any interest was paid by such 11 depository, it shall accrue to the benefit of the particular 12 trust to which the deposit belongs. 13 (9) He or she shall do such things and take such steps 14 from time to time under the direction and approval of the 15 Commissioner as may reasonably appear to be necessary to 16 conserve the bank's assets and secure the best interests of 17 the creditors of the bank. 18 (10) He or she shall record any judgment of dissolution 19 entered in a dissolution proceeding and thereupon deliver to 20 the Commissioner a certified copy thereof, together with all 21 books of accounts and ledgers of such bank for preservation. 22 (Source: P.A. 89-364, eff. 8-18-95; revised 2-24-98.) 23 Section 110. The Savings Bank Act is amended by changing 24 Section 1008 as follows: 25 (205 ILCS 205/1008) (from Ch. 17, par. 7301-8) 26 Sec. 1008. General corporate powers. 27 (a) A savings bank operating under this Act shall be a 28 body corporate and politic and shall have all of the specific 29 powers conferred by this Act and in addition thereto, the 30 following general powers: 31 (1) To sue and be sued, complain, and defend in its 32 corporate name and to have a common seal, which it may SB745 Engrossed -695- LRB9101253EGfg 1 alter or renew at pleasure. 2 (2) To obtain and maintain insurance by a deposit 3 insurance corporation as defined in this Act. 4 (3) To act as a fiscal agent for the United States, 5 the State of Illinois or any department, branch, arm, or 6 agency of the State or any unit of local government or 7 school district in the State, when duly designated for 8 that purpose, and as agent to perform reasonable 9 functions as may be required of it. 10 (4) To become a member of or deal with any 11 corporation or agency of the United States or the State 12 of Illinois, to the extent that the agency assists in 13 furthering or facilitating its purposes or powers and to 14 that end to purchase stock or securities thereof or 15 deposit money therewith, and to comply with any other 16 conditions of membership or credit. 17 (5) To make donations in reasonable amounts for the 18 public welfare or for charitable, scientific, religious, 19 or educational purposes. 20 (6) To adopt and operate reasonable insurance, 21 bonus, profit sharing, and retirement plans for officers 22 and employees and for directors including, but not 23 limited to, advisory, honorary, and emeritus directors, 24 who are not officers or employees. 25 (7) To reject any application for membership; to 26 retire deposit accounts by enforced retirement as 27 provided in this Act and the bylaws; and to limit the 28 issuance of, or payments on, deposit accounts, subject, 29 however, to contractual obligations. 30 (8) To purchase stock in service corporations and 31 to invest in any form of indebtedness of any service 32 corporation as defined in this Act, subject to 33 regulations of the Commissioner. 34 (9) To purchase stock of a corporation whose SB745 Engrossed -696- LRB9101253EGfg 1 principal purpose is to operate a safe deposit company or 2 escrow service company. 3 (10) To exercise all the powers necessary to 4 qualify as a trustee or custodian under federal or State 5 law, provided that the authority to accept and execute 6 trusts is subject to the provisions of the Corporate 7 Fiduciary Act and to the supervision of those activities 8 by the Commissioner of Banks and Real Estate. 9 (11) (Blank). 10 (12) To establish, maintain, and operate terminals 11 as authorized by the Electronic Fund Transfer Act. The 12 establishment, maintenance, operation, and location of 13 those terminals shall be subject to the approval of the 14 Commissioner. 15 (13) To pledge its assets: 16 (A) to enable it to act as agent for the sale 17 of obligations of the United States; 18 (B) to secure deposits; 19 (C) to secure deposits of money whenever 20 required by the National Bankruptcy Act; 21 (D) to qualify under Section 2-9 of the 22 Corporate Fiduciary Act; and 23 (E) to secure trust funds commingled with the 24 savings bank's funds, whether deposited by the 25 savings bank or an affiliate of the savings bank, as 26 required under Section 2-8 of the Corporate 27 Fiduciary Act. 28 (14) To accept for payment at a future date not to 29 exceed one year from the date of acceptance, drafts drawn 30 upon it by its customers; and to issue, advise, or 31 confirm letters of credit authorizing holders thereof to 32 draw drafts upon it or its correspondents. 33 (15) Subject to the regulations of the 34 Commissioner, to own and lease personal property acquired SB745 Engrossed -697- LRB9101253EGfg 1 by the savings bank at the request of a prospective 2 lessee and, upon the agreement of that person, to lease 3 the personal property. 4 (16) To establish temporary service booths at any 5 International Fair in this State that is approved by the 6 United States Department of Commerce for the duration of 7 the international fair for the purpose of providing a 8 convenient place for foreign trade customers to exchange 9 their home countries' currency into United States 10 currency or the converse. To provide temporary periodic 11 service to persons residing in a bona fide nursing home, 12 senior citizens' retirement home, or long-term care 13 facility. These powers shall not be construed as 14 establishing a new place or change of location for the 15 savings bank providing the service booth. 16 (17) To indemnify its officers, directors, 17 employees, and agents, as authorized for corporations 18 under Section 8.75 of the Business Corporations Act of 19 1983. 20 (18) To provide data processing services to others 21 on a for-profit basis. 22 (19) To utilize any electronic technology to 23 provide customers with home banking services. 24 (20) Subject to the regulations of the 25 Commissioner, to enter into an agreement to act as a 26 surety. 27 (21) Subject to the regulations of the 28 Commissioner, to issue credit cards, extend credit 29 therewith, and otherwise engage in or participate in 30 credit card operations. 31 (22) To purchase for its own account shares of 32 stock of a bankers' bank, described in Section 13(b)(1) 33 of the Illinois Banking Act, on the same terms and 34 conditions as a bank may purchase such shares. In no SB745 Engrossed -698- LRB9101253EGfg 1 event shall the total amount of such stock held by a 2 savings bank in such bankers' bank exceed 10% of its 3 capital and surplus (including undivided profits) and in 4 no event shall a savings bank acquire more than 5% of any 5 class of voting securities of such bankers' bank. 6 (23) With respect to affiliate facilities: 7 (A) to conduct at affiliate facilities any of 8 the following transactions for and on behalf of any 9 affiliated depository institution, if so authorized 10 by the affiliate or affiliates: receiving deposits; 11 renewing deposits; cashing and issuing checks, 12 drafts, money orders, travelers checks, or similar 13 instruments; changing money; receiving payments on 14 existing indebtedness; and conducting ministerial 15 functions with respect to loan applications, 16 servicing loans, and providing loan account 17 information; and 18 (B) to authorize an affiliated depository 19 institution to conduct for and on behalf of it, any 20 of the transactions listed in this subsection at one 21 or more affiliate facilities. 22 A savings bank intending to conduct or to authorize 23 an affiliated depository institution to conduct at an 24 affiliate facility any of the transactions specified in 25 this subsection shall give written notice to the 26 Commissioner at least 30 days before any such transaction 27 is conducted at an affiliate facility. All conduct under 28 this subsection shall be on terms consistent with safe 29 and sound banking practices and applicable law. 30 (24) Subject to Article XLIV of the Illinois 31 Insurance Code, to act as the agent for any fire, life, 32 or other insurance company authorized by the State of 33 Illinois, by soliciting and selling insurance and 34 collecting premiums on policies issued by such company; SB745 Engrossed -699- LRB9101253EGfg 1 and may receive for services so rendered such fees or 2 commissions as may be agreed upon between the said 3 savings bank and the insurance company for which it may 4 act as agent; provided, however, that no such savings 5 bank shall in any case assume or guarantee the payment of 6 any premium on insurance policies issued through its 7 agency by its principal; and provided further, that the 8 savings bank shall not guarantee the truth of any 9 statement made by an assured in filing his application 10 for insurance. 11 (25) To become a member of the Federal Home Loan 12 Bank and to have the powers granted to a savings 13 association organized under the Illinois Savings and Loan 14 Act of 1985 or the laws of the United States, subject to 15 regulations of the Commissioner. 16 (26) To offer any product or service that is at the 17 time authorized or permitted to a bank by applicable law, 18 but subject always to the same limitations and 19 restrictions that are applicable to the bank for the 20 product or service by such applicable law and subject to 21 the applicable provisions of the Financial Institutions 22 Insurance Sales Law and rules of the Commissioner. 23 (b) If this Act or the regulations adopted under this 24 Act fail to provide specific guidance in matters of corporate 25 governance, the provisions of the Business Corporation Act of 26 1983 may be used. 27 (Source: P.A. 89-74, eff. 6-30-95; 89-310, eff. 1-1-96; 28 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-508, eff. 29 7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff. 30 7-1-97; 90-41, eff. 10-1-97; 90-270, eff. 7-30-97; 90-301, 31 eff. 8-1-97; 90-655, eff. 7-30-98; 90-665, eff. 7-30-98; 32 revised 10-31-98.) 33 Section 111. The Illinois Credit Union Act is amended by SB745 Engrossed -700- LRB9101253EGfg 1 changing Section 8 as follows: 2 (205 ILCS 305/8) (from Ch. 17, par. 4409) 3 Sec. 8. Director's powers and duties. Credit unions are 4 regulated by the Department. The Director, in executing the 5 powers and discharging the duties vested by law in the 6 Department has the following powers and duties: 7 (1) To exercise the rights, powers and duties set forth 8 in this Act or any related Act.;9 (2) To prescribe rules and regulations for the 10 administration of this Act. The provisions of"the Illinois 11 Administrative Procedure Act", as now or hereafter amended,12 are hereby expressly adopted and incorporated herein as 13 though a part of this Act, and shall apply to all 14 administrative rules and procedures of the Department under 15 this Act.;16 (3) To direct and supervise all the administrative and 17 technical activities of the Department including the 18 employment of a Credit Union Supervisor who shall have 19 knowledge in the theory and practice of, or experience in, 20 the operations or supervision of financial institutions, 21 preferably credit unions, and such other persons as are 22 necessary to carry out his functions.;23 (4) To issue cease and desist orders when in the opinion 24 of the Director, a credit union is engaged or has engaged, or 25 the Director has reasonable cause to believe the credit union 26 is about to engage, in an unsafe or unsound practice, or is 27 violating or has violated or the Director has reasonable 28 cause to believe is about to violate a law, rule or 29 regulation or any condition imposed in writing by the 30 Department.;31 (5) To suspend from office and to prohibit from further 32 participation in any manner in the conduct of the affairs of 33 his credit union any director, officer or committee member SB745 Engrossed -701- LRB9101253EGfg 1 who has committed any violation of a law, rule, regulation or 2 of a cease and desist order or who has engaged or 3 participated in any unsafe or unsound practice in connection 4 with the credit union or who has committed or engaged in any 5 act, omission, or practice which constitutes a breach of his 6 fiduciary duty as such director, officer or committee member, 7 when the Director has determined that such action or actions 8 have resulted or will result in substantial financial loss or 9 other damage that seriously prejudices the interests of the 10 members.;11 (6) Except for the fees established in this Act, to 12 prescribe, by rule and regulation, fees for filing reports 13 and other documents, furnishing transcripts, holding hearings 14 and investigating applications for permission to organize.;15 (7) To destroy, in his discretion, any or all books and 16 records of any credit union in his possession or under his 17 control after the expiration of three years from the date of 18 cancellation of the charter of such credit unions.;19 (8) To make investigations and to conduct research and 20 studies and to publish some of the problems of persons in 21 obtaining credit at reasonable rates of interest and of the 22 methods and benefits of cooperative saving and lending for 23 such persons.;24 (9) To authorize, foster or establish experimental, 25 developmental, demonstration or pilot projects by public or 26 private organizations including credit unions which: 27 (a) promote more effective operation of credit 28 unions so as to provide members an opportunity to use and 29 control their own money to improve their economic and 30 social conditions; or 31 (b) are in the best interests of credit unions, 32 their members and the people of the State of Illinois. 33 (10) To cooperate in studies, training or other 34 administrative activities with, but not limited to, the NCUA, SB745 Engrossed -702- LRB9101253EGfg 1 other state credit union regulatory agencies and industry 2 trade associations in order to promote more effective and 3 efficient supervision of Illinois chartered credit unions. 4 (Source: P.A. 88-570, eff. 8-5-94; revised 10-31-98.) 5 Section 112. The Alternative Health Care Delivery Act is 6 amended by changing Section 35 as follows: 7 (210 ILCS 3/35) 8 Sec. 35. Alternative health care models authorized. 9 Notwithstanding any other law to the contrary, alternative 10 health care models described in this Section may be 11 established on a demonstration basis. 12 (1) Alternative health care model; subacute care 13 hospital. A subacute care hospital is a designated site 14 which provides medical specialty care for patients who 15 need a greater intensity or complexity of care than 16 generally provided in a skilled nursing facility but who 17 no longer require acute hospital care. The average length 18 of stay for patients treated in subacute care hospitals 19 shall not be less than 20 days, and for individual 20 patients, the expected length of stay at the time of 21 admission shall not be less than 10 days. Variations 22 from minimum lengths of stay shall be reported to the 23 Department. There shall be no more than 13 subacute care 24 hospitals authorized to operate by the Department. 25 Subacute care includes physician supervision, registered 26 nursing, and physiological monitoring on a continual 27 basis. A subacute care hospital is either a freestanding 28 building or a distinct physical and operational entity 29 within a hospital or nursing home building. A subacute 30 care hospital shall only consist of beds currently 31 existing in licensed hospitals or skilled nursing 32 facilities, except, in the City of Chicago, on a SB745 Engrossed -703- LRB9101253EGfg 1 designated site that was licensed as a hospital under the 2 Illinois Hospital Licensing Act within the 10 years 3 immediately before the application for an alternative 4 health care model license. During the period of operation 5 of the demonstration project, the existing licensed beds 6 shall remain licensed as hospital or skilled nursing 7 facility beds as well as being licensed under this Act. 8 In order to handle cases of complications, emergencies, 9 or exigent circumstances, a subacute care hospital shall 10 maintain a contractual relationship, including a transfer 11 agreement, with a general acute care hospital. If a 12 subacute care model is located in a general acute care 13 hospital, it shall utilize all or a portion of the bed 14 capacity of that existing hospital. In no event shall a 15 subacute care hospital use the word "hospital" in its 16 advertising or marketing activities or represent or hold 17 itself out to the public as a general acute care 18 hospital. 19 (2) Alternative health care delivery model; 20 postsurgical recovery care center. A postsurgical 21 recovery care center is a designated site which provides 22 postsurgical recovery care for generally healthy patients 23 undergoing surgical procedures that require overnight 24 nursing care, pain control, or observation that would 25 otherwise be provided in an inpatient setting. A 26 postsurgical recovery care center is either freestanding 27 or a defined unit of an ambulatory surgical treatment 28 center or hospital. No facility, or portion of a 29 facility, may participate in a demonstration program as a 30 postsurgical recovery care center unless the facility has 31 been licensed as an ambulatory surgical treatment center 32 or hospital for at least 2 years before August 20, 1993 33 (the effective date of Public Act 88-441). The maximum 34 length of stay for patients in a postsurgical recovery SB745 Engrossed -704- LRB9101253EGfg 1 care center is not to exceed 48 hours unless the treating 2 physician requests an extension of time from the recovery 3 center's medical director on the basis of medical or 4 clinical documentation that an additional care period is 5 required for the recovery of a patient and the medical 6 director approves the extension of time. In no case, 7 however, shall a patient's length of stay in a 8 postsurgical recovery care center be longer than 72 9 hours. If a patient requires an additional care period 10 after the expiration of the 72-hour limit, the patient 11 shall be transferred to an appropriate facility. Reports 12 on variances from the 48-hour limit shall be sent to the 13 Department for its evaluation. The reports shall, before 14 submission to the Department, have removed from them all 15 patient and physician identifiers. In order to handle 16 cases of complications, emergencies, or exigent 17 circumstances, every postsurgical recovery care center as 18 defined in this paragraph shall maintain a contractual 19 relationship, including a transfer agreement, with a 20 general acute care hospital. A postsurgical recovery 21 care center shall be no larger than 20 beds. A 22 postsurgical recovery care center shall be located within 23 15 minutes travel time from the general acute care 24 hospital with which the center maintains a contractual 25 relationship, including a transfer agreement, as required 26 under this paragraph. 27 No postsurgical recovery care center shall 28 discriminate against any patient requiring treatment 29 because of the source of payment for services, including 30 Medicare and Medicaid recipients. 31 The Department shall adopt rules to implement the 32 provisions of Public Act 88-441 concerning postsurgical 33 recovery care centers within 9 months after August 20, 34 1993. SB745 Engrossed -705- LRB9101253EGfg 1 (3) Alternative health care delivery model; 2 children's respite care center. A children'schildrens'3 respite care center model is a designated site that 4 provides respite for medically frail, technologically 5 dependent, clinically stable children, up to age 18, for 6 a period of one to 14 days. This care is to be provided 7 in a home-like environment that serves no more than 10 8 children at a time. Children's respite care center 9 services must be available through the model to all 10 families, including those whose care is paid for through 11 the Illinois Department of Public Aid or the Illinois 12 Department of Children and Family Services. Each respite 13 care model location shall be a facility physically 14 separate and apart from any other facility licensed by 15 the Department of Public Health under this or any other 16 Act and shall provide, at a minimum, the following 17 services: out-of-home respite care; hospital to home 18 training for families and caregivers; short term 19 transitional care to facilitate placement and training 20 for foster care parents; parent and family support 21 groups. 22 Coverage for the services provided by the Illinois 23 Department of Public Aid under this paragraph (3) is 24 contingent upon federal waiver approval and is provided only 25 to Medicaid eligible clients participating in the home and 26 community based services waiver designated in Section 1915(c) 27 of the Social Security Act for medically frail and 28 technologically dependent children. 29 (Source: P.A. 88-441; 88-490; 88-670, eff. 12-2-94; 89-393, 30 eff. 8-20-95; revised 10-31-98.) 31 Section 113. The Illinois Clinical Laboratory and Blood 32 Bank Act is amended by changing Section 7-101 as follows: SB745 Engrossed -706- LRB9101253EGfg 1 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101) 2 Sec. 7-101. Examination of specimens. A clinical 3 laboratory shall examine specimens only at the request of (i) 4 a licensed physician, (ii) a licensed dentist, (iii) a 5 licensed podiatrist, (iv) a therapeutic optometrist for 6 diagnostic or therapeutic purposes related to the use of 7 diagnostic topical or therapeutic ocular pharmaceutical 8 agents, as defined in subsections (c) and (d) of Section 15.1 9 of the Illinois Optometric Practice Act of 1987, (v) a 10 licensed physician assistant in accordance with the written 11 guidelines required under subdivision (3) of Section 4 and 12 under Section 7.5 of the Physician Assistant Practice Act of 13 1987, (v-A) an advanced practice nurse in accordance with 14 the written collaborative agreement required under Section 15 15-15 of the Nursing and Advanced Practice Nursing Act, or 16 (vi) an authorized law enforcement agency or, in the case of 17 blood alcohol, at the request of the individual for whom the 18 test is to be performed in compliance with Sections 11-501 19 and 11-501.1 of the Illinois Vehicle Code. If the request 20 to a laboratory is oral, the physician or other authorized 21 person shall submit a written request to the laboratory 22 within 48 hours. If the laboratory does not receive the 23 written request within that period, it shall note that fact 24 in its records. For purposes of this Section, a request made 25 by electronic mail or fax constitutes a written request. 26 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98; 27 90-655, eff. 7-30-98; 90-666, eff. 7-30-98; 90-742, eff. 28 8-13-98; revised 9-21-98.) 29 Section 114. The Nursing Home Care Act is amended by 30 changing Sections 3-113 and 3-401 as follows: 31 (210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113) 32 Sec. 3-113. The license granted to the transferee shall SB745 Engrossed -707- LRB9101253EGfg 1 be subject to the plan of correction submitted by the 2 previous owner and approved by the Department and any 3 conditions contained in a conditional license issued to the 4 previous owner. If there are outstanding violations and no 5 approved plan of correction has been implemented, the 6 Department may issue a conditional license and plan of 7 correction as provided in SectionsSection3-311 through 8 3-317. 9 (Source: P.A. 81-223; revised 2-24-98.) 10 (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401) 11 Sec. 3-401. A facility may involuntarily transfer or 12 discharge a resident only for one or more of the following 13 reasons: 14 (a) for medical reasons; 15 (b) for the resident's physical safety; 16 (c) for the physical safety of other residents, the 17 facility staff or facility visitors; or 18 (d) for either late payment or nonpayment for the 19 resident's stay, except as prohibited by TitlesTitle20 XVIII and XIX of the federal Social Security Act. For 21 purposes of this Section, "late payment" means 22 non-receipt of payment after submission of a bill. If 23 payment is not received within 45 days after submission 24 of a bill, a facility may send a notice to the resident 25 and responsible party requesting payment within 30 days. 26 If payment is not received within such 30 days, the 27 facility may thereupon institute transfer or discharge 28 proceedings by sending a notice of transfer or discharge 29 to the resident and responsible party by registered or 30 certified mail. The notice shall state, in addition to 31 the requirements of Section 3-403 of this Act, that the 32 responsible party has the right to pay the amount of the 33 bill in full up to the date the transfer or discharge is SB745 Engrossed -708- LRB9101253EGfg 1 to be made and then the resident shall have the right to 2 remain in the facility. Such payment shall terminate the 3 transfer or discharge proceedings. This subsection does 4 not apply to those residents whose care is provided for 5 under the Illinois Public Aid Code. The Department shall 6 adopt rules setting forth the criteria and procedures to 7 be applied in cases of involuntary transfer or discharge 8 permitted under this Section. 9 (Source: P.A. 85-1378; revised 2-24-98.) 10 Section 115. The Emergency Medical Services (EMS) 11 Systems Act is amended by changing Sections 3.20 and 3.245 as 12 follows: 13 (210 ILCS 50/3.20) 14 Sec. 3.20. Emergency Medical Services (EMS) Systems. 15 (a) "Emergency Medical Services (EMS) System" means an 16 organization of hospitals, vehicle service providers and 17 personnel approved by the Department in a specific geographic 18 area, which coordinates and provides pre-hospital and 19 inter-hospital emergency care and non-emergency medical 20 transports at a BLS, ILS and/or ALS level pursuant to a 21 System program plan submitted to and approved by the 22 Department, and pursuant to the EMS Region Plan adopted for 23 the EMS Region in which the System is located. 24 (b) One hospital in each System program plan must be 25 designated as the Resource Hospital. All other hospitals 26 which are located within the geographic boundaries of a 27 System and which have standby, basic or comprehensive level 28 emergency departments must function in that EMS System as 29 either an Associate Hospital or Participating Hospital and 30 follow all System policies specified in the System Program 31 Plan, including but not limited to the replacement of drugs 32 and equipment used by providers who have delivered patients SB745 Engrossed -709- LRB9101253EGfg 1 to their emergency departments. All hospitals and vehicle 2 service providers participating in an EMS System must specify 3 their level of participation in the System Program Plan. 4 (c) The Department shall have the authority and 5 responsibility to: 6 (1) Approve BLS, ILS and ALS level EMS Systems 7 which meet minimum standards and criteria established in 8 rules adopted by the Department pursuant to this Act, 9 including the submission of a Program Plan for Department 10 approval. Beginning September 1, 1997, the Department 11 shall approve the development of a new EMS System only 12 when a local or regional need for establishing such 13 System has been identified. This shall not be construed 14 as a needs assessment for health planning or other 15 purposes outside of this Act. Following Department 16 approval, EMS Systems must be fully operational within 17 one year from the date of approval.;18 (2) Monitor EMS Systems, based on minimum standards 19 for continuing operation as prescribed in rules adopted 20 by the Department pursuant to this Act, which shall 21 include requirements for submitting Program Plan 22 amendments to the Department for approval.;23 (3) Renew EMS System approvals every 4 years, after 24 an inspection, based on compliance with the standards for 25 continuing operation prescribed in rules adopted by the 26 Department pursuant to this Act.;27 (4) Suspend, revoke, or refuse to renew approval of 28 any EMS System, after providing an opportunity for a 29 hearing, when findings show that it does not meet the 30 minimum standards for continuing operation as prescribed 31 by the Department, or is found to be in violation of its 32 previously approved Program Plan.;33 (5) Require each EMS System to adopt written 34 protocols for the bypassing of or diversion to any SB745 Engrossed -710- LRB9101253EGfg 1 hospital, trauma center or regional trauma center, which 2 provide that a person shall not be transported to a 3 facility other than the nearest hospital, regional trauma 4 center or trauma center unless the medical benefits to 5 the patient reasonably expected from the provision of 6 appropriate medical treatment at a more distant facility 7 outweigh the increased risks to the patient from 8 transport to the more distant facility, or the transport 9 is in accordance with the System's protocols for patient 10 choice or refusal.;11 (6) Require that the EMS Medical Director of an ILS 12 or ALS level EMS System be a physician licensed to 13 practice medicine in all of its branches in Illinois, and 14 certified by the American Board of Emergency Medicine or 15 the American Board of Osteopathic Emergency Medicine, and 16 that the EMS Medical Director of a BLS level EMS System 17 be a physician licensed to practice medicine in all of 18 its branches in Illinois, with regular and frequent 19 involvement in pre-hospital emergency medical services. 20 In addition, all EMS Medical Directors shall: 21 (A) Have experience on an EMS vehicle at the 22 highest level available within the System, or make 23 provision to gain such experience within 12 months 24 prior to the date responsibility for the System is 25 assumed or within 90 days after assuming the 26 position; 27 (B) Be thoroughly knowledgeable of all skills 28 included in the scope of practices of all levels of 29 EMS personnel within the System; 30 (C) Have or make provision to gain experience 31 instructing students at a level similar to that of 32 the levels of EMS personnel within the System; and 33 (D) For ILS and ALS EMS Medical Directors, 34 successfully complete a Department-approved EMS SB745 Engrossed -711- LRB9101253EGfg 1 Medical Director's Course. 2 (7) Prescribe statewide EMS data elements to be 3 collected and documented by providers in all EMS Systems 4 for all emergency and non-emergency medical services, 5 with a one-year phase-in for commencing collection of 6 such data elements.;7 (8) Define, through rules adopted pursuant to this 8 Act, the terms "Resource Hospital", "Associate Hospital", 9 "Participating Hospital", "Basic Emergency Department", 10 "Standby Emergency Department", "Comprehensive Emergency 11 Department", "EMS Medical Director", "EMS Administrative 12 Director", and "EMS System Coordinator". 13 (A) Upon the effective date of this amendatory 14 Act of 1995, all existing Project Medical Directors 15 shall be considered EMS Medical Directors, and all 16 persons serving in such capacities on the effective 17 date of this amendatory Act of 1995 shall be exempt 18 from the requirements of paragraph (7) of this 19 subsection; 20 (B) Upon the effective date of this amendatory 21 Act of 1995, all existing EMS System Project 22 Directors shall be considered EMS Administrative 23 Directors. 24 (9) Investigate the circumstances that caused a 25 hospital in an EMS system to go on bypass status to 26 determine whether that hospital's decision to go on 27 bypass status was reasonable. The Department may impose 28 sanctions, as set forth in Section 3.140 of the Act, upon 29 a Department determination that the hospital unreasonably 30 went on bypass status in violation of the Act. 31 (Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97; 32 revised 10-31-98.) 33 (210 ILCS 50/3.245) SB745 Engrossed -712- LRB9101253EGfg 1 Sec. 3.245. Adoption of Rules by the Department. The 2 Department shall adopt rules to implement the provisions of 3 this Act, in accordance with the Illinois Administrative 4 Procedure Act. 5 With the exception of emergency rules adopted pursuant to 6Section 5.02 ofthe Illinois Administrative Procedure Act or 7 Section 3.190 of this Act, the Department shall submit all 8 proposed rules to the State Emergency Medical Services 9 Council or State Trauma Advisory Council for a 90-day review 10 and comment period prior to adoption, as specified in this 11 Act. 12 (Source: P.A. 89-177, eff. 7-19-95; revised 10-31-98.) 13 Section 116. The Mobile Home Park Act is amended by 14 changing Section 9 as follows: 15 (210 ILCS 115/9) (from Ch. 111 1/2, par. 719) 16 Sec. 9. Each mobile home park licensed or to be 17 constructed under the provisions of this Act shall be 18 operated and maintained in accordance with the requirements 19 of SectionsSection9.1 to 9.15, inclusive, of this Act. 20 (Source: P.A. 77-1472; revised 10-31-98.) 21 Section 117. The Illinois Insurance Code is amended by 22 changing Sections 56, 123C-2, 126.30, 141.1, 143.21a, 143.31, 23 209, 223, 267, 333, 338, 343, 357.2, 357.18, 357.19, 357.20, 24 408, 415, 531.03, 803.1, 807.1, 810.1, 1202, and 1204 as 25 follows: 26 (215 ILCS 5/56) (from Ch. 73, par. 668) 27 Sec. 56. Accumulation of guaranty fund or guaranty 28 capital. Any company subject to the provisions of this 29 article, may provide for a surplus either by accumulating a 30 guaranty fund or a guaranty capital as follows: SB745 Engrossed -713- LRB9101253EGfg 1 (a) Guaranty Fund. It may accumulate a guaranty fund by 2 borrowing money at an interest rate either (1) at a fixed 3 rate not exceeding the corporate base rate as reported by the 4 largest bank (measured by assets) with its head office 5 located in Chicago, Illinois, in effect on the first business 6 day of the month in which the loan document is executed, plus 7 3% per annum or (2) at a variable rate equal to the corporate 8 base rate determined on the first business day of each month 9 during the term of the loan plus 2% per annum. In no event 10 shall the variable interest rate for any month exceed the 11 initial rate for the loan or advance by more than 10% per 12 annum. The insurer shall elect at the time of execution of 13 the loan or advance agreement whether the interest rate is to 14 be fixed or floating for the term of the agreement. An 15 agreement issued after the insurer has received its 16 Certificate of Authority shall first be approved by 17 resolution of the Board of Directors and the Director. The 18 agreement shall provide that such loan and the interest 19 thereon shall be repaid only out of the surplus of such 20 company in excess of the greater of the original or minimum 21 surplus required of such company by Section 43. Such excess 22 of surplus shall be calculated upon the fair market value of 23 the assets of the company, and such guaranty loan fund shall 24 constitute and be enforceableenforcibleas a liability of 25 the company only as against such excess of surplus. Any 26 unpaid balance of such guaranty fund loan shall be reported 27 in the annual statement to be filed with the Director. 28 Repayment of principal or payment of interest may be made 29 only with the approval of the Director when he or she is 30 satisfied that the financial condition of the company 31 warrants that action, but approval may not be withheld if the 32 company shall have and submit satisfactory evidence of 33 surplus of not less than the amount stipulated in the 34 repayment of principal or interest payment clause of the SB745 Engrossed -714- LRB9101253EGfg 1 agreement. 2 (b) Guaranty Capital. It may in addition to any 3 advances provided for herein, establish and maintain a 4 guaranty capital divided into shares having a par value of 5 not more than $100 nor less than $5 each. The guaranty 6 capital shall be applied to the payment of losses only when 7 the company has exhausted its assets in excess of unearned 8 premium reserve and other liabilities; and when thus impaired 9 the directors may make good the whole or any part of it by 10 assessment on its policyholders as provided for in Section 11 60. Said guaranty capital may, by vote of the board of 12 directors of the company and the written consent of the 13 Director be reduced or retired by any amount, provided that 14 the net surplus of the company together with the remaining 15 guaranty capital shall equal or exceed the amount of surplus 16 required by Section 43, and due notice of such proposed 17 action on the part of the company shall be published in a 18 newspaper of general circulation, approved by the Director, 19 not less than once each week for at least 4 consecutive weeks 20 before such action is taken. No company with a guaranty 21 capital, which has ceased to do business, shall divide any 22 part of its assets or guaranty capital among its shareholders 23 unless it has paid or it has otherwise been released from its 24 policy obligations. The holders of the shares of such 25 guaranty capital shall be entitled to interest either (1) at 26 a fixed rate not exceeding the corporate base rate as 27 reported by the largest bank (measured by assets) with its 28 head office located in Chicago, Illinois, in effect on the 29 first business day of the month in which the loan document is 30 executed, plus 3% per annum or (2) at a variable rate equal 31 to the corporate base rate determined on the first business 32 day of each month during the term of the loan plus 2% per 33 annum. In no event shall the variable interest rate for any 34 month exceed the initial rate for the loan or advance by more SB745 Engrossed -715- LRB9101253EGfg 1 than 10% per annum. The insurer shall elect at the time of 2 issuance of the shares whether the interest rate is to be 3 fixed or floating for the term of the agreement. Such 4 interest shall be payable from the surplus in excess of the 5 surplus required of the company by Section 43. In the event 6 of dissolution and liquidation of such a company after the 7 retirement of all outstanding obligations of the company, the 8 holders of such shares of guaranty capital shall be entitled 9 to a preferential right in the assets of such company equal 10 to the par value of their share of such guaranty capital 11 before any distribution to members. 12 (Source: P.A. 90-381, eff. 8-14-97; revised 2-24-98.) 13 (215 ILCS 5/123C-2) (from Ch. 73, par. 735C-2) 14 Sec. 123C-2. Authority of captives; restrictions. 15 A. Any captive insurance company, when permitted by its 16 articles of association or charter, may apply to the Director 17 for a certificate of authority to transact any and all 18 insurance in classes 2 and 3 of Section 4 of this Code, 19 except that: 20 (1) no pure captive insurance company may insure 21 any risks other than those of its parent and affiliated 22 companies; 23 (2) no association captive insurance company may 24 insure any risks other than those of the member 25 organizations of its association, and their affiliated 26 companies; 27 (3) no industrial insured captive insurance company 28 may insure any risks other than those of the members of 29 the industrial insured group, and their affiliated 30 companies; and 31 (4) no captive insurance company may provide: 32 (i) personal motor vehicle coverage or 33 homeowner's insurance coverage or any component SB745 Engrossed -716- LRB9101253EGfg 1 thereof, or 2 (ii) personal coverage for personal risk 3 liability, or 4 (iii) coverage for an employer's liability to 5 its employees other than legal liability under the 6 federal Employers'Employee'sLiability Act (45.7 U.S.C. 51 et seq.), provided, however, this 8 exclusion does not preclude reinsurance of such 9 employer's liability, or 10 (iv) accident and health insurance as provided 11 in clause (a) of Class 2 of Section 4, provided, 12 however, this exclusion does not preclude stop-loss 13 insurance or reinsurance of a single employer 14 self-funded employee disability benefit plan or an 15 employee welfare plan as described in 29 U.S.C. 1001 16 et seq. 17 B. No captive insurance company shall do any insurance 18 business in this State unless: 19 (1) it first obtains from the Director a 20 certificate of authority authorizing it to do such 21 insurance business in this State; and 22 (2) it appoints a resident registered agent to 23 accept service of process and to otherwise act on its 24 behalf in this State. 25 C. No captive insurance company shall adopt a name that 26 is the same as, deceptively similar to, or likely to be 27 confused with or mistaken for, any other existing business 28 name registered in this State. 29 D. Each captive insurance company, or the organizations 30 providing the principal administrative or management services 31 to such captive insurance company, shall maintain a place of 32 business in this State. 33 (Source: P.A. 88-364; revised 10-28-98.) SB745 Engrossed -717- LRB9101253EGfg 1 (215 ILCS 5/126.30) 2 Sec. 126.30. Foreign investments and foreign currency 3 exposure. 4 A. Subject to the limitations of Section 126.23, an 5 insurer may acquire directly or indirectly through an 6 investment subsidiary, foreign investments, or engage in 7 investment practices with persons of or in foreign 8 jurisdictions, of substantially the same types as those that 9 an insurer is permitted to acquire under this Article, other 10 than of the type permitted under Section 126.25, if, as a 11 result and after giving effect to the investment: 12 (1) the aggregate amount of foreign investments 13 then held by the insurer under this subsection does not 14 exceed 20% of its admitted assets; and 15 (2) the aggregate amount of foreign investments 16 then held by the insurer under this subsection in a 17 single foreign jurisdiction does not exceed 10% of its 18 admitted assets as to a foreign jurisdiction that has a 19 sovereign debt rating of SVO 1 or 5% of its admitted 20 assets as to any other foreign jurisdiction. 21 B. Subject to the limitations of Section 126.23, an 22 insurer may acquire investments, or engage in investment 23 practices denominated in foreign currencies, whether or not 24 they are foreign investments acquired under subsection A of 25 this Section, or additional foreign currency exposure as a 26 result of the termination or expiration of a hedging 27 transaction with respect to investments denominated in a 28 foreign currency, if, as a result of and after giving effect 29 to the transaction: 30 (1) the aggregate amount of investments then held 31 by the insurer under this subsection denominated in 32 foreign currencies does not exceed 15% of its admitted 33 assets; and 34 (2) the aggregate amount of investments then held SB745 Engrossed -718- LRB9101253EGfg 1 by the insurer under this subsection denominated in the 2 foreign currency of a single foreign jurisdiction does 3 not exceed 10% of its admitted assets as to a foreign 4 jurisdiction that has a sovereign debt rating of SVO 1 or 5 5% of its admitted assets as to any other foreign 6 jurisdiction. 7(3)However, an investment shall not be considered 8 denominated in a foreign currency if the acquiring insurer 9 enters into one or more contracts in transactions permitted 10 under Section 126.31 in which the business entity 11 counterparty agrees to exchange, or grants to the insurer the 12 option to exchange, all payments made on the foreign currency 13 denominated investment (or amounts equivalent to the payments 14 that are or will be due to the insurer in accordance with the 15 terms of such investment) for United States currency during 16 the period the contract or contracts are in effect to 17 insulate the insurer against loss caused by diminution of the 18 value of payments owed to the insurer due to future changes 19 in currency exchange rates. 20 C. In addition to investments permitted under 21 subsections A and B of this Section, an insurer that is 22 authorized to do business in a foreign jurisdiction, and that 23 has outstanding insurance, annuity or reinsurance contracts 24 on lives or risks resident or located in that foreign 25 jurisdiction and denominated in foreign currency of that 26 jurisdiction, may acquire foreign investments respecting that 27 foreign jurisdiction, and may acquire investments denominated 28 in the currency of that jurisdiction, subject to the 29 limitations of Section 126.23. However, investments made 30 under this subsection in obligations of foreign governments, 31 their political subdivisions and government sponsored 32 enterprises shall not be subject to the limitations of 33 Section 126.23 if those investments carry an SVO rating of 1 34 or 2. The aggregate amount of investments acquired by the SB745 Engrossed -719- LRB9101253EGfg 1 insurer under this subsection shall not exceed the greater 2 of: 3 (1) the amount the insurer is required by law to 4 invest in the foreign jurisdiction; or 5 (2) 125% of the amount of its reserves, net of 6 reinsurance, and other obligations under the contracts. 7 D. In addition to investments permitted under 8 subsections A and B of this Section, an insurer that is not 9 authorized to do business in a foreign jurisdiction but which 10 has outstanding insurance, annuity or reinsurance contracts 11 on lives or risks resident or located in a foreign 12 jurisdiction and denominated in foreign currency of that 13 jurisdiction, may acquire foreign investments respecting that 14 foreign jurisdiction, and may acquire investments denominated 15 in the currency of that jurisdiction subject to the 16 limitations set forth of Section 126.24. However, investments 17 made under this subsection in obligations of foreign 18 governments, their political subdivisions and government 19 sponsored enterprises shall not be subject to the limitations 20 of Section 126.23 if those investments carry an SVO rating of 21 1 or 2. The aggregate amount of investments acquired by the 22 insurer under this subsection shall not exceed 105% of the 23 amount of its reserves, net of reinsurance, and other 24 obligations under the contracts on risks resident or located 25 in the foreign jurisdiction. 26 E. Investments acquired under this Section shall be 27 aggregated with investments of the same types made under all 28 other Sections of this Article, and in a similar manner, for 29 purposes of determining compliance with the limitations, if 30 any, contained in the other Sections. Investments in 31 obligations of foreign governments, their political 32 subdivisions and government sponsored enterprises of these 33 persons, except for those exempted under subsections C and D 34 of this Section, shall be subject to the limitations of SB745 Engrossed -720- LRB9101253EGfg 1 Section 126.23. 2 (Source: P.A. 90-418, eff. 8-15-97; revised 10-31-98.) 3 (215 ILCS 5/141.1) (from Ch. 73, par. 753.1) 4 Sec. 141.1. Management contracts and service agreements. 5 All agreements or contracts under which any person, 6 organization or corporation is delegated management duties or 7 control of any domestic company, or which transfer a 8 substantial part of any major function of a domestic company 9 such as adjustment of losses, production of business, 10 investment of assets or general servicing of the company's 11 business must be filed with the Department on or before the 12 effective date of such contract or agreement. The Director 13 may upon notice review these arrangements entered by foreign 14 companies. 15 There shall be exempted from the filing requirement of 16 this Section contracts by groups of affiliated companies on a 17 "pooled" funds basis or service company management basis, 18 where costs to the individual member companies are charged on 19 an actually incurred or closely estimated basis. However, 20 these contracts must be reduced to written form. 21 Sections 141.1, 141.2, and 141.3 shall not apply to any 22 power of attorney or other authority authorized by Section 67 23 of this Code. 24 (Source: P.A. 88-364; revised 2-26-98.) 25 (215 ILCS 5/143.21a) (from Ch. 73, par. 755.21a) 26 Sec. 143.21a. Nonrenewal of Fire and Extended Coverage 27 Policy - Grounds. A policy of fire and extended coverage 28 insurance, as defined in subsection (b) of Section 143.13, 29 may not be nonrenewed for any of the following reasons 30reasonings: 31 (a) age of property, 32 (b) location of property, SB745 Engrossed -721- LRB9101253EGfg 1 (c) age, sex, race, color, ancestry,ormarital 2 status, or occupation of occupants. 3 (Source: P.A. 82-625; revised 2-27-98.) 4 (215 ILCS 5/143.31) 5 Sec. 143.31. Uniform medical claim and billing forms. 6 (a) The Director shall prescribe by rule, after 7 consultation with providers of health care or treatment, 8 insurers, hospital, medical, and dental service corporations, 9 and other prepayment organizations, insurance claim and 10 billing forms that the Director determines will provide for 11 uniformity and simplicity in insurance claims handling. The 12 claim forms shall include, but need not be limited to, 13 information regarding the medical diagnosis, treatment, and 14 prognosis of the patient, together with the details of 15 charges incident to the providing of care, treatment, or 16 services, sufficient for the purpose of meeting the proof 17 requirements of an insurance policy or a hospital, medical, 18 or dental service contract. 19 (b) An insurer or a provider of health care treatment 20 may not refuse to accept a claim or bill submitted on duly 21 promulgated uniform claim and billing forms. An insurer, 22 however, may accept claims and bills submitted on any other 23 form. 24 (c) Accident and health insurer explanation of benefits 25 paid statements or claims summary statements sent to an 26 insured by the accident and health insurer shall be in a 27 format and written in a manner that promotes understanding by 28 the insured by setting forth all of the following: 29 (1) The total dollar amount submitted to the 30 insurer for payment. 31 (2) Any reduction in the amount paid due to the 32 application of any co-payment or deductible, along with 33 an explanation of the amount of the co-payment or SB745 Engrossed -722- LRB9101253EGfg 1 deductible applied under the insured's policy. 2 (3) Any reduction in the amount paid due to the 3 application of any other policy limitation or exclusion 4 set forth in the insured's policy, along with an 5 explanation thereof. 6 (4) The total dollar amount paid. 7 (5) The total dollar amount remaining unpaid. 8 (d) The Director may issue an order directing an 9 accident and health insurer to comply with subsection (c). 10 (e) An accident and health insurer does not violate 11 subsection (c) by using a document that the accident and 12 health insurer is required to use by the federal government 13 or the State. 14 (f) The adoption of uniform claim forms and uniform 15 billing forms by the Director under this Section does not 16 preclude an insurer, hospital, medical, or dental service 17 corporation, or other prepayment organization from obtaining 18 any necessary additional information regarding a claim from 19 the claimant, provider of health care or treatment, or 20 certifier of coverage, as may be required. 21 (g) On and after January 1, 1996 when billing insurers 22 or otherwise filing insurance claims with insurers subject to 23 this Section, providers of health care or treatment, medical 24 services, dental services, pharmaceutical services, or 25 medical equipment must use the uniform claim and billing 26 forms adopted by the Director under this Section. 27 (Source: P.A. 88-84; 88-662, eff. 9-16-94; revised 10-31-98.) 28 (215 ILCS 5/209) (from Ch. 73, par. 821) 29 Sec. 209. Proof and allowance of claims. 30 (1) A proof of claim shall consist of a written 31 statement signed under oath setting forth the claim, the 32 consideration for it, whether the claim is secured and, if 33 so, how, what payments have been made on the claim, if any, SB745 Engrossed -723- LRB9101253EGfg 1 and that the sum claimed is justly owing from the company. 2 Whenever a claim is based upon a document, the document, 3 unless lost or destroyed, shall be filed with the proof of 4 claim. If the document is lost or destroyed, a statement of 5 that fact and of the circumstances of the loss or destruction 6 shall be included in the proof of claim. A claim may be 7 allowed even if contingent or unliquidated as of the date 8 fixed by the court pursuant to subsection (a) of Section 194 9 if it is filed in accordance with this subsection. Except as 10 otherwise provided in subsection (7), a proof of claim 11 required under this Section must identify a particular claim. 12 (2) At any time, the Director may require the claimant 13 to present information or evidence supplementary to that 14 required under subsection (l) and may take testimony under 15 oath, require production of affidavits or depositions, or 16 otherwise obtain additional information or evidence. 17 (3) Upon the liquidation, rehabilitation, or 18 conservation of any company which has issued policies 19 insuring the lives of persons, the Director shall, within a 20 reasonable time, after the last day set for the filing of 21 claims, make a list of the persons who have not filed proofs 22 of claim with him and whose rights have not been reinsured, 23 to whom it appears from the books of the company, there are 24 owing amounts on such policies and he shall set opposite the 25 name of each person such amount so owing to such person. The 26 Director shall incur no personal liability by reason of any 27 mistake in such list. Each person whose name shall appear 28 upon said list shall be deemed to have duly filed prior to 29 the last day set for filing of claims a proof of claim for 30 the amount set opposite his name on said list. 31 (4)(a) When a Liquidation, Rehabilitation, or 32 Conservation Order has been entered in a proceeding against 33 an insurer under this Code, any insured under an insurance 34 policy shall have the right to file a contingent claim. The SB745 Engrossed -724- LRB9101253EGfg 1 Court at the time of the entry of the Order of Liquidation, 2 Rehabilitation or Conservation shall fix the final date for 3 the liquidation of insureds' contingent claims, but in no 4 event shall said date be more than 3 years after the last day 5 fixed for the filing of claims, provided, such date may be 6 extended by the Court on petition of the Director should the 7 Director determine that such extension will not delay 8 distribution of assets under Section 210. Such a contingent 9 claim shall be allowed if such claim is liquidated and the 10 insured claimant presents evidence of payment of such claim 11 to the Director on or before the last day fixed by the Court. 12 (b) When an insured has been unable to liquidate its 13 claim under paragraph (a) of this subsection (4), the insured 14 may have its claim allowed by estimation if (i) it may be 15 reasonably inferred from the proof presented upon the claim 16 that a claim exists under the policy; (ii) the insured has 17 furnished suitable proof, unless the court for good cause 18 shown shall otherwise direct, that no further valid claims 19 against the insurer arising out of the cause of action other 20 than those already presented can be made, and (iii) the total 21 liability of the insurer to all claimants arising out of the 22 same act shall be no greater than its total liability would 23 be were it not in liquidation, rehabilitation, or 24 conservation. 25 (5) The obligation of the insurer, if any, to defend or 26 continue the defense of any claim or suit under a liability 27 insurance policy shall terminate on the entry of the Order of 28 Liquidation, Rehabilitation or Conservation, except during 29 the appeal of an Order of Liquidation as provided by Section 30 190.1 or, unless upon the petition of the Director, the court 31 directs otherwise. Insureds may include in contingent claims 32 reasonable attorneys fees for services rendered subsequent to 33 the date of Liquidation, Rehabilitation or Conservation in 34 defense of claims or suits covered by the insured's policy SB745 Engrossed -725- LRB9101253EGfg 1 provided such attorneys fees have actually been paid by the 2 assured and evidence of payment presented in the manner 3 required for insured's contingent claims. 4 (6) When a liquidation, rehabilitation, or conservation 5 order has been entered in a proceeding against an insurer 6 under this Code, any person who has a cause of action against 7 an insured of the insurer under an insurance policy issued by 8 the insurer shall have the right to file a claim in the 9 proceeding, regardless of the fact that the claim may be 10 contingent, and the claim may be allowed (a) if it may be 11 reasonably, inferred from proof presented upon the claim that 12 the claimant would be able to obtain a judgment upon the 13 cause of action against the insured; and (b) if the person 14 has furnished suitable proof, unless the court for good cause 15 shown shall otherwise direct, that no further valid claims 16 against the insurer arising out of the cause of action other 17 than those already presented can be made, and (c) the total 18 liability of the insurer to all claimants arising out of the 19 same act shall be no greater than its total liability would 20 be were it not in liquidation, rehabilitation, or 21 conservation. 22 (7) Contingent or unliquidated general creditors' and 23 ceding insurers' claims that are not made absolute and 24 liquidated by the last day fixed by the court pursuant to 25 subsection (4) shall be determined and allowed by estimation. 26 Any such estimate shall be based upon an actuarial evaluation 27 made with reasonable actuarial certainty or upon another 28 accepted method of valuing claims with reasonable certainty 29 and, with respect to ceding insurers' claims, may include an 30 estimate of incurred but not reported losses. 31 (8) No judgment against such an insured or an insurer 32 taken after the date of the entry of the liquidation, 33 rehabilitation, or conservation order shall be considered in 34 the proceedings as evidence of liability, or of the amount of SB745 Engrossed -726- LRB9101253EGfg 1 damages, and no judgment against an insured or an insurer 2 taken by default, or by collusion prior to the entry of the 3 liquidation order shall be considered as conclusive evidence 4 in the proceeding either of the liability of such insured to 5 such person upon such cause of action or of the amount of 6 damages to which such person is therein entitled. 7 (9) The value of securities held by secured creditors 8 shall be determined by converting the same into money 9 according to the terms of the agreement pursuant to which 10 such securities were delivered to such creditors, or by such 11 creditors and the Director by agreement, or by the court, and 12 the amount of such value shall be credited upon the claims of 13 such secured creditors and their claims allowed only for the 14 balance. 15 (10) Claims of creditors or policyholders who have 16 received preferences voidable under Section 204 or to whom 17 conveyances or transfers, assignments or incumbrances have 18 been made or given which are void under Section 204, shall 19 not be allowed unless such creditors or policyholders shall 20 surrender such preferences, conveyances, transfers, 21 assignments or incumbrances. 22 (11)(a) When the Director denies a claim or allows a 23 claim for less than the amount requested by the claimant, 24 written notice of the determination and of the right to 25 object shall be given promptly to the claimant or the 26 claimant's representative by first class mail at the address 27 shown on the proof of claim. Within 60 days from the mailing 28 of the notice, the claimant may file his written objections 29 with the Director. If no such filing is made on a timely 30 basis, the claimant may not further object to the 31 determination. 32 (b) Whenever objections are filed with the Director and 33 he does not alter his determination as a result of the 34 objection and the claimant continues to object, the Director SB745 Engrossed -727- LRB9101253EGfg 1 shall petition the court for a hearing as soon as practicable 2 and give notice of the hearing by first class mail to the 3 claimant or his representative and to any other persons known 4 by the Director to be directly affected, not less than 10 5 days before the date of the hearing. 6 (12) The Director shall review all claims duly filed in 7 the liquidation, rehabilitation, or conservation proceeding, 8 unless otherwise directed by the court, and shall make such 9 further investigation as he considers necessary. The 10 Director may compound, compromise, or in any other manner 11 negotiate the amount for which claims will be recommended to 12 the court. Unresolved disputes shall be determined under 13 subsection (11). 14 (13)(a) The Director shall present to the court reports 15 of claims reviewed under subsection (12) with his 16 recommendations as to each claim. 17 (b) The court may approve or disapprove any 18 recommendations contained in the reports of claims filed by 19 the Director, except that the Director's agreements with 20 claimants shall be accepted as final by the court on claims 21 settled for $10,000 or less. 22 (14) The changes made in this Section by this amendatory 23 Act of 1993 apply to all liquidation, rehabilitation, or 24 conservation proceedings that are pending on the effective 25 date of this amendatory Act of 1993 and to all future 26 liquidation, rehabilitation, or conservation proceedings, 27 except that the changes made to the provisions of this 28 Section by this amendatory Act of 1993 shall not apply to any 29 company ordered into liquidation on or before January 1, 30 1982. 31 (Source: P.A. 88-297; 89-206, eff. 7-21-95; revised 32 10-31-98.) 33 (215 ILCS 5/223) (from Ch. 73, par. 835) SB745 Engrossed -728- LRB9101253EGfg 1 Sec. 223. Director to value policies - Legal standard of 2 valuation. 3 (1) The Director shall annually value, or cause to be 4 valued, the reserve liabilities (hereinafter called reserves) 5 for all outstanding life insurance policies and annuity and 6 pure endowment contracts of every life insurance company 7 doing business in this State, except that in the case of an 8 alien company, such valuation shall be limited to its United 9 States business, and may certify the amount of any such 10 reserves, specifying the mortality table or tables, rate or 11 rates of interest, and methods (net level premium method or 12 other) used in the calculation of such reserves. In 13 calculating such reserves, he may use group methods and 14 approximate averages for fractions of a year or otherwise. In 15 lieu of the valuation of the reserves herein required of any 16 foreign or alien company, he may accept any valuation made, 17 or caused to be made, by the insurance supervisory official 18 of any state or other jurisdiction when such valuation 19 complies with the minimum standard herein provided and if the 20 official of such state or jurisdiction accepts as sufficient 21 and valid for all legal purposes the certificate of valuation 22 of the Director when such certificate states the valuation to 23 have been made in a specified manner according to which the 24 aggregate reserves would be at least as large as if they had 25 been computed in the manner prescribed by the law of that 26 state or jurisdiction. 27 Any such company which at any time has adopted any 28 standard of valuation producing greater aggregate reserves 29 than those calculated according to the minimum standard 30 herein provided may, with the approval of the Director, adopt 31 any lower standard of valuation, but not lower than the 32 minimum herein provided, however, that, for the purposes of 33 this subsection, the holding of additional reserves 34 previously determined by a qualified actuary to be necessary SB745 Engrossed -729- LRB9101253EGfg 1 to render the opinion required by subsection (1a) shall not 2 be deemed to be the adoption of a higher standard of 3 valuation. In the valuation of policies the Director shall 4 give no consideration to, nor make any deduction because of, 5 the existence or the possession by the company of 6 (a) policy liens created by any agreement given or 7 assented to by any assured subsequent to July 1, 1937, 8 for which liens such assured has not received cash or 9 other consideration equal in value to the amount of such 10 liens, or 11 (b) policy liens created by any agreement entered 12 into in violation of section 232 unless the agreement 13 imposing or creating such liens has been approved by a 14 Court in a proceeding under Article XIII, or in the case 15 of a foreign or alien company has been approved by a 16 court in a rehabilitation or liquidation proceeding or by 17 the insurance official of its domiciliary state or 18 country, in accordance with the laws thereof. 19 (1a) This subsection shall become operative at the end 20 of the first full calendar year following the effective date 21 of this amendatory Act of 1991. 22 (A) General. 23 (1) Every life insurance company doing 24 business in this State shall annually submit the 25 opinion of a qualified actuary as to whether the 26 reserves and related actuarial items held in support 27 of the policies and contracts specified by the 28 Director by regulation are computed appropriately, 29 are based on assumptions that satisfy contractual 30 provisions, are consistent with prior reported 31 amounts and comply with applicable laws of this 32 State. The Director by regulation shall define the 33 specifics of this opinion and add any other items 34 deemed to be necessary to its scope. SB745 Engrossed -730- LRB9101253EGfg 1 (2) The opinion shall be submitted with the 2 annual statement reflecting the valuation of reserve 3 liabilities for each year ending on or after 4 December 31, 1992. 5 (3) The opinion shall apply to all business in 6 force including individual and group health 7 insurance plans, in form and substance acceptable to 8 the Director as specified by regulation. 9 (4) The opinion shall be based on standards 10 adopted from time to time by the Actuarial Standards 11 Board and on additional standards as the Director 12 may by regulation prescribe. 13 (5) In the case of an opinion required to be 14 submitted by a foreign or alien company, the 15 Director may accept the opinion filed by that 16 company with the insurance supervisory official of 17 another state if the Director determines that the 18 opinion reasonably meets the requirements applicable 19 to a company domiciled in this State. 20 (6) For the purpose of this Section, 21 "qualified actuary" means a member in good standing 22 of the American Academy of Actuaries who meets the 23 requirements set forth in its regulations. 24 (7) Except in cases of fraud or willful 25 misconduct, the qualified actuary shall not be 26 liable for damages to any person (other than the 27 insurance company and the Director) for any act, 28 error, omission, decision or conduct with respect to 29 the actuary's opinion. 30 (8) Disciplinary action by the Director 31 against the company or the qualified actuary shall 32 be defined in regulations by the Director. 33 (9) A memorandum, in form and substance 34 acceptable to the Director as specified by SB745 Engrossed -731- LRB9101253EGfg 1 regulation, shall be prepared to support each 2 actuarial opinion. 3 (10) If the insurance company fails to provide 4 a supporting memorandum at the request of the 5 Director within a period specified by regulation or 6 the Director determines that the supporting 7 memorandum provided by the insurance company fails 8 to meet the standards prescribed by the regulations 9 or is otherwise unacceptable to the Director, the 10 Director may engage a qualified actuary at the 11 expense of the company to review the opinion and the 12 basis for the opinion and prepare the supporting 13 memorandum as is required by the Director. 14 (11) Any memorandum in support of the opinion, 15 and any other material provided by the company to 16 the Director in connection therewith, shall be kept 17 confidential by the Director and shall not be made 18 public and shall not be subject to subpoena, other 19 than for the purpose of defending an action seeking 20 damages from any person by reason of any action 21 required by this Section or by regulations 22 promulgated hereunder; provided, however, that the 23 memorandum or other material may otherwise be 24 released by the Director (a) with the written 25 consent of the company or (b) to the American 26 Academy of Actuaries upon request stating that the 27 memorandum or other material is required for the 28 purpose of professional disciplinary proceedings and 29 setting forth procedures satisfactory to the 30 Director for preserving the confidentiality of the 31 memorandum or other material. Once any portion of 32 the confidential memorandum is cited by the company 33 in its marketing or is cited before any governmental 34 agency other than a state insurance department or is SB745 Engrossed -732- LRB9101253EGfg 1 released by the company to the news media, all 2 portions of the confidential memorandum shall be no 3 longer confidential. 4 (B) Actuarial analysis of reserves and assets 5 supporting those reserves. 6 (1) Every life insurance company, except as 7 exempted by or under regulation, shall also annually 8 include in the opinion required by paragraph (A)(1) 9 of this subsection (1a), an opinion of the same 10 qualified actuary as to whether the reserves and 11 related actuarial items held in support of the 12 policies and contracts specified by the Director by 13 regulation, when considered in light of the assets 14 held by the company with respect to the reserves and 15 related actuarial items including, but not limited 16 to, the investment earnings on the assets and the 17 considerations anticipated to be received and 18 retained under the policies and contracts, make 19 adequate provision for the company's obligations 20 under the policies and contracts including, but not 21 limited to, the benefits under and expenses 22 associated with the policies and contracts. 23 (2) The Director may provide by regulation for 24 a transition period for establishing any higher 25 reserves which the qualified actuary may deem 26 necessary in order to render the opinion required by 27 this Section. 28 (2) This subsection shall apply to only those policies 29 and contracts issued prior to the operative date of section 30 229.2 (the Standard Non-forfeiture Law). 31 (a) Except as otherwise in this Article provided, 32 the legal minimum standard for valuation of contracts 33 issued before January 1, 1908, shall be the Actuaries or 34 Combined Experience Table of Mortality with interest at SB745 Engrossed -733- LRB9101253EGfg 1 4% per annum and for valuation of contracts issued on or 2 after that date shall be the American Experience Table of 3 Mortality with either Craig's or Buttolph's Extension for 4 ages under 10 and with interest at 3 1/2% per annum. The 5 legal minimum standard for the valuation of group 6 insurance policies under which premium rates are not 7 guaranteed for a period in excess of 5 years shall be the 8 American Men Ultimate Table of Mortality with interest at 9 3 1/2% per annum. Any life company may, at its option, 10 value its insurance contracts issued on or after January 11 1, 1938, in accordance with their terms on the basis of 12 the American Men Ultimate Table of Mortality with 13 interest not higher than 3 1/2% per annum. 14 (b) Policies issued prior to January 1, 1908, may 15 continue to be valued according to a method producing 16 reserves not less than those produced by the full 17 preliminary term method. Policies issued on and after 18 January 1, 1908, may be valued according to a method 19 producing reserves not less than those produced by the 20 modified preliminary term method hereinafter described in 21 paragraph (c). Policies issued on and after January 1, 22 1938, may be valued either according to a method 23 producing reserves not less than those produced by such 24 modified preliminary term method or by the select and 25 ultimate method on the basis that the rate of mortality 26 during the first 5 years after the issuance of such 27 contracts respectively shall be calculated according to 28 the following percentages of rates shown by the American 29 Experience Table of Mortality: 30 (i) first insurance year 50% thereof; 31 (ii) second insurance year 65% thereof; 32 (iii) third insurance year 75% thereof; 33 (iv) fourth insurance year 85% thereof; 34 (v) fifth insurance year 95% thereof; SB745 Engrossed -734- LRB9101253EGfg 1 (c) If the premium charged for the first policy 2 year under a limited payment life preliminary term policy 3 providing for the payment of all premiums thereon in less 4 than 20 years from the date of the policy or under an 5 endowment preliminary term policy, exceeds that charged 6 for the first policy year under 20 payment life 7 preliminary term policies of the same company, the 8 reserve thereon at the end of any year, including the 9 first, shall not be less than the reserve on a 20 payment 10 life preliminary term policy issued in the same year at 11 the same age, together with an amount which shall be 12 equivalent to the accumulation of a net level premium 13 sufficient to provide for a pure endowment at the end of 14 the premium payment period, equal to the difference 15 between the value at the end of such period of such a 20 16 payment life preliminary term policy and the full net 17 level premium reserve at such time of such a limited 18 payment life or endowment policy. The premium payment 19 period is the period during which premiums are 20 concurrently payable under such 20 payment life 21 preliminary term policy and such limited payment life or 22 endowment policy. 23 (d) The legal minimum standard for the valuations 24 of annuities issued on and after January 1, 1938, shall 25 be the American Annuitant's Table with interest not 26 higher than 3 3/4% per annum, and all annuities issued 27 before that date shall be valued on a basis not lower 28 than that used for the annual statement of the year 1937; 29 but annuities deferred 10 or more years and written in 30 connection with life insurance shall be valued on the 31 same basis as that used in computing the consideration or 32 premiums therefor, or upon any higher standard at the 33 option of the company. 34 (e) The Director may vary the standards of interest SB745 Engrossed -735- LRB9101253EGfg 1 and mortality as to contracts issued in countries other 2 than the United States and may vary standards of 3 mortality in particular cases of invalid lives and other 4 extra hazards. 5 (f) The legal minimum standard for valuation of 6 waiver of premium disability benefits or waiver of 7 premium and income disability benefits issued on and 8 after January 1, 1938, shall be the Class (3) Disability 9 Table (1926) modified to conform to the contractual 10 waiting period, with interest at not more than 3 1/2% per 11 annum; but in no event shall the values be less than 12 those produced by the basis used in computing premiums 13 for such benefits. The legal minimum standard for the 14 valuation of such benefits issued prior to January 1, 15 1938, shall be such as to place an adequate value, as 16 determined by sound insurance practices, on the 17 liabilities thereunder and shall be such that the value 18 of the benefits under each and every policy shall in no 19 case be less than the value placed upon the future 20 premiums. 21 (g) The legal minimum standard for the valuation of 22 industrial policies issued on or after January 1, 1938, 23 shall be the American Experience Table of Mortality or 24 the Standard Industrial Mortality Table or the 25 Substandard Industrial Mortality Table with interest at 3 26 1/2% per annum by the net level premium method, or in 27 accordance with their terms by the modified preliminary 28 term method hereinabove described. 29 (h) Reserves for all such policies and contracts 30 may be calculated, at the option of the company, 31 according to any standards which produce greater 32 aggregate reserves for all such policies and contracts 33 than the minimum reserves required by this subsection. 34 (3) This subsection shall apply to only those policies SB745 Engrossed -736- LRB9101253EGfg 1 and contracts issued on or after January 1, 1948 or such 2 earlier operative date of Section 229.2 (the Standard 3 Non-forfeiture Law) as shall have been elected by the 4 insurance company issuing such policies or contracts. 5 (a) Except as otherwise provided in subsections 6 (4), (6), and (7), the minimum standard for the valuation 7 of all such policies and contracts shall be the 8 Commissioners Reserve valuation method defined in 9 paragraphs (b) and (f) of this subsection and in 10 subsection 5, 3 1/2% interest for such policies issued 11 prior to September 8, 1977, 5 1/2% interest for single 12 premium life insurance policies and 4 1/2% interest for 13 all other such policies issued on or after September 8, 14 1977, and the following tables: 15 (i) The Commissioners 1941 Standard Ordinary 16 Mortality Table for all Ordinary policies of life 17 insurance issued on the standard basis, excluding 18 any disability and accidental death benefits in such 19 policies, for such policies issued prior to the 20 operative date of subsection (4a) of Section 229.2 21 (Standard Non-forfeiture Law); and the Commissioners 22 1958 Standard Ordinary Mortality Table for such 23 policies issued on or after such operative date but 24 prior to the operative date of subsection (4c) of 25 Section 229.2 provided that for any category of such 26 policies issued on female risks all modified net 27 premiums and present values referred to in this Act 28 may, prior to September 8, 1977, be calculated 29 according to an age not more than 3 years younger 30 than the actual age of the insured and, after 31 September 8, 1977, calculated according to an age 32 not more than 6 years younger than the actual age of 33 the insured; and for such policies issued on or 34 after the operative date of subsection (4c) of SB745 Engrossed -737- LRB9101253EGfg 1 Section 229.2, (i) the Commissioners 1980 Standard 2 Ordinary Mortality Table, or (ii) at the election of 3 the company for any one or more specified plans of 4 life insurance, the Commissioners 1980 Standard 5 Ordinary Mortality Table with Ten-Year Select 6 Mortality Factors, or (iii) any ordinary mortality 7 table adopted after 1980 by the National Association 8 of Insurance Commissioners and approved by 9 regulations promulgated by the Director for use in 10 determining the minimum standard of valuation for 11 such policies. 12 (ii) For all Industrial Life Insurance 13 policies issued on the standard basis, excluding any 14 disability and accidental death benefits in such 15 policies--the 1941 Standard Industrial Mortality 16 Table for such policies issued prior to the 17 operative date of subsection 4 (b) of Section 229.2 18 (Standard Non-forfeiture Law); and for such policies 19 issued on or after such operative date the 20 Commissioners 1961 Standard Industrial Mortality 21 Table or any industrial mortality table adopted 22 after 1980 by the National Association of Insurance 23 Commissioners and approved by regulations 24 promulgated by the Director for use in determining 25 the minimum standard of valuation for such policies. 26 (iii) For Individual Annuity and Pure 27 Endowment contracts, excluding any disability and 28 accidental death benefits in such policies--the 1937 29 Standard Annuity Mortality Table--or, at the option 30 of the company, the Annuity Mortality Table for 31 1949, Ultimate, or any modification of either of 32 these tables approved by the Director. 33 (iv) For Group Annuity and Pure Endowment 34 contracts, excluding any disability and accidental SB745 Engrossed -738- LRB9101253EGfg 1 death benefits in such policies--the Group Annuity 2 Mortality Table for 1951, any modification of such 3 table approved by the Director, or, at the option of 4 the company, any of the tables or modifications of 5 tables specified for Individual Annuity and Pure 6 Endowment contracts. 7 (v) For Total and Permanent Disability 8 Benefits in or supplementary to Ordinary policies or 9 contracts for policies or contracts issued on or 10 after January 1, 1966, the tables of Period 2 11 disablement rates and the 1930 to 1950 termination 12 rates of the 1952 Disability Study of the Society of 13 Actuaries, with due regard to the type of benefit, 14 or any tables of disablement rates and termination 15 rates adopted after 1980 by the National Association 16 of Insurance Commissioners and approved by 17 regulations promulgated by the Director for use in 18 determining the minimum standard of valuation for 19 such policies; for policies or contracts issued on 20 or after January 1, 1961, and prior to January 1, 21 1966, either such tables or, at the option of the 22 company, the Class (3) Disability Table (1926); and 23 for policies issued prior to January 1, 1961, the 24 Class (3) Disability Table (1926). Any such table 25 shall, for active lives, be combined with a 26 mortality table permitted for calculating the 27 reserves for life insurance policies. 28 (vi) For Accidental Death benefits in or 29 supplementary to policies--for policies issued on or 30 after January 1, 1966, the 1959 Accidental Death 31 Benefits Table or any accidental death benefits 32 table adopted after 1980 by the National Association 33 of Insurance Commissioners and approved by 34 regulations promulgated by the Director for use in SB745 Engrossed -739- LRB9101253EGfg 1 determining the minimum standard of valuation for 2 such policies; for policies issued on or after 3 January 1, 1961, and prior to January 1, 1966, any 4 of such tables or, at the option of the company, the 5 Inter-Company Double Indemnity Mortality Table; and 6 for policies issued prior to January 1, 1961, the 7 Inter-Company Double Indemnity Mortality Table. 8 Either table shall be combined with a mortality 9 table permitted for calculating the reserves for 10 life insurance policies. 11 (vii) For Group Life Insurance, life insurance 12 issued on the substandard basis and other special 13 benefits--such tables as may be approved by the 14 Director. 15 (b) Except as otherwise provided in paragraph (f) 16 of subsection (3), subsection (5), and subsection (7) 17 reserves according to the Commissioners reserve valuation 18 method, for the life insurance and endowment benefits of 19 policies providing for a uniform amount of insurance and 20 requiring the payment of uniform premiums shall be the 21 excess, if any, of the present value, at the date of 22 valuation, of such future guaranteed benefits provided 23 for by such policies, over the then present value of any 24 future modified net premiums therefor. The modified net 25 premiums for any such policy shall be such uniform 26 percentage of the respective contract premiums for such 27 benefits that the present value, at the date of issue of 28 the policy, of all such modified net premiums shall be 29 equal to the sum of the then present value of such 30 benefits provided for by the policy and the excess of (A) 31 over (B), as follows: 32 (A) A net level annual premium equal to the 33 present value, at the date of issue, of such 34 benefits provided for after the first policy year, SB745 Engrossed -740- LRB9101253EGfg 1 divided by the present value, at the date of issue, 2 of an annuity of one per annum payable on the first 3 and each subsequent anniversary of such policy on 4 which a premium falls due; provided, however, that 5 such net level annual premium shall not exceed the 6 net level annual premium on the 19 year premium 7 whole life plan for insurance of the same amount at 8 an age one year higher than the age at issue of such 9 policy. 10 (B) A net one year term premium for such 11 benefits provided for in the first policy year. 12 For any life insurance policy issued on or after 13 January 1, 1987, for which the contract premium in the 14 first policy year exceeds that of the second year with no 15 comparable additional benefit being provided in that 16 first year, which policy provides an endowment benefit or 17 a cash surrender value or a combination thereof in an 18 amount greater than such excess premium, the reserve 19 according to the Commissioners reserve valuation method 20 as of any policy anniversary occurring on or before the 21 assumed ending date, defined herein as the first policy 22 anniversary on which the sum of any endowment benefit and 23 any cash surrender value then available is greater than 24 such excess premium, shall, except as otherwise provided 25 in paragraph (f) of subsection (3), be the greater of the 26 reserve as of such policy anniversary calculated as 27 described in the preceding part of this paragraph (b) and 28 the reserve as of such policy anniversary calculated as 29 described in the preceding part of this paragraph (b) 30 with (i) the value defined in subpart A of the preceding 31 part of this paragraph (b) being reduced by 15% of the 32 amount of such excess first year premium, (ii) all 33 present values of benefits and premiums being determined 34 without reference to premiums or benefits provided for by SB745 Engrossed -741- LRB9101253EGfg 1 the policy after the assumed ending date, (iii) the 2 policy being assumed to mature on such date as an 3 endowment, and (iv) the cash surrender value provided on 4 such date being considered as an endowment benefit. In 5 making the above comparison, the mortality and interest 6 bases stated in paragraph (a) of subsection (3) and in 7 subsection 6 shall be used. 8 Reserves according to the Commissioners reserve 9 valuation method for (i) life insurance policies 10 providing for a varying amount of insurance or requiring 11 the payment of varying premiums, (ii) group annuity and 12 pure endowment contracts purchased under a retirement 13 plan or plan of deferred compensation, established or 14 maintained by an employer (including a partnership or 15 sole proprietorship) or by an employee organization, or 16 by both, other than a plan providing individual 17 retirement accounts or individual retirement annuities 18 under Section 408 of the Internal Revenue Code, as now or 19 hereafter amended, (iii) disability and accidental death 20 benefits in all policies and contracts, and (iv) all 21 other benefits, except life insurance and endowment 22 benefits in life insurance policies and benefits provided 23 by all other annuity and pure endowment contracts, shall 24 be calculated by a method consistent with the principles 25 of this paragraph (b), except that any extra premiums 26 charged because of impairments or special hazards shall 27 be disregarded in the determination of modified net 28 premiums. 29 (c) In no event shall a company's aggregate 30 reserves for all life insurance policies, excluding 31 disability and accidental death benefits be less than the 32 aggregate reserves calculated in accordance with the 33 methods set forth in paragraphs (b), (f), and (g) of 34 subsection (3) and in subsection (5) and the mortality SB745 Engrossed -742- LRB9101253EGfg 1 table or tables and rate or rates of interest used in 2 calculating non-forfeiture benefits for such policies. 3 (d) In no event shall the aggregate reserves for 4 all policies, contracts, and benefits be less than the 5 aggregate reserves determined by the qualified actuary to 6 be necessary to render the opinion required by subsection 7 (1a). 8 (e) Reserves for any category of policies, 9 contracts or benefits as established by the Director, may 10 be calculated, at the option of the company, according to 11 any standards which produce greater aggregate reserves 12 for such category than those calculated according to the 13 minimum standard herein provided, but the rate or rates 14 of interest used for policies and contracts, other than 15 annuity and pure endowment contracts, shall not be higher 16 than the corresponding rate or rates of interest used in 17 calculating any nonforfeiture benefits provided for 18 therein. 19 (f) If in any contract year the gross premium 20 charged by any life insurance company on any policy or 21 contract is less than the valuation net premium for the 22 policy or contract calculated by the method used in 23 calculating the reserve thereon but using the minimum 24 valuation standards of mortality and rate of interest, 25 the minimum reserve required for such policy or contract 26 shall be the greater of either the reserve calculated 27 according to the mortality table, rate of interest, and 28 method actually used for such policy or contract, or the 29 reserve calculated by the method actually used for such 30 policy or contract but using the minimum standards of 31 mortality and rate of interest and replacing the 32 valuation net premium by the actual gross premium in each 33 contract year for which the valuation net premium exceeds 34 the actual gross premium. The minimum valuation SB745 Engrossed -743- LRB9101253EGfg 1 standards of mortality and rate of interest referred to 2 in this paragraph (f) are those standards stated in 3 subsection (6) and paragraph (a) of subsection (3). 4 For any life insurance policy issued on or after 5 January 1, 1987, for which the gross premium in the first 6 policy year exceeds that of the second year with no 7 comparable additional benefit provided in that first 8 year, which policy provides an endowment benefit or a 9 cash surrender value or a combination thereof in an 10 amount greater than such excess premium, the foregoing 11 provisions of this paragraph (f) shall be applied as if 12 the method actually used in calculating the reserve for 13 such policy were the method described in paragraph (b) of 14 subsection (3), ignoring the second paragraph of said 15 paragraph (b). The minimum reserve at each policy 16 anniversary of such a policy shall be the greater of the 17 minimum reserve calculated in accordance with paragraph 18 (b) of subsection (3), including the second paragraph of 19 said paragraph (b), and the minimum reserve calculated in 20 accordance with this paragraph (f). 21 (g) In the case of any plan of life insurance which 22 provides for future premium determination, the amounts of 23 which are to be determined by the insurance company based 24 on then estimates of future experience, or in the case of 25 any plan of life insurance or annuity which is of such a 26 nature that the minimum reserves cannot be determined by 27 the methods described in paragraphs (b) and (f) of 28 subsection (3) and subsection (5), the reserves which are 29 held under any such plan shall: 30 (i) be appropriate in relation to the benefits 31 and the pattern of premiums for that plan, and 32 (ii) be computed by a method which is 33 consistent with the principles of this Standard 34 Valuation Law, as determined by regulations SB745 Engrossed -744- LRB9101253EGfg 1 promulgated by the Director. 2 (4) Except as provided in subsection (6), the minimum 3 standard for the valuation of all individual annuity and pure 4 endowment contracts issued on or after the operative date of 5 this subsection, as defined herein, and for all annuities and 6 pure endowments purchased on or after such operative date 7 under group annuity and pure endowment contracts shall be the 8 Commissioners Reserve valuation methods defined in paragraph 9 (b) of subsection (3) and subsection (5) and the following 10 tables and interest rates: 11 (a) For individual single premium immediate annuity 12 contracts, excluding any disability and accidental death 13 benefits in such contracts, the 1971 Individual Annuity 14 Mortality Table, any individual annuity mortality table 15 adopted after 1980 by the National Association of 16 Insurance Commissioners and approved by regulations 17 promulgated by the Director for use in determining the 18 minimum standard of valuation for such contracts, or any 19 modification of those tables approved by the Director, 20 and 7 1/2% interest. 21 (b) For individual and pure endowment contracts 22 other than single premium annuity contracts, excluding 23 any disability and accidental death benefits in such 24 contracts, the 1971 Individual Annuity Mortality Table, 25 any individual annuity mortality table adopted after 1980 26 by the National Association of Insurance Commissioners 27 and approved by regulations promulgated by the Director 28 for use in determining the minimum standard of valuation 29 for such contracts, or any modification of those tables 30 approved by the Director, and 5 1/2% interest for single 31 premium deferred annuity and pure endowment contracts and 32 4 1/2% interest for all other such individual annuity and 33 pure endowment contracts. 34 (c) For all annuities and pure endowments purchased SB745 Engrossed -745- LRB9101253EGfg 1 under group annuity and pure endowment contracts, 2 excluding any disability and accidental death benefits 3 purchased under such contracts, the 1971 Group Annuity 4 Mortality Table, any group annuity mortality table 5 adopted after 1980 by the National Association of 6 Insurance Commissioners and approved by regulations 7 promulgated by the Director for use in determining the 8 minimum standard of valuation for such annuities and pure 9 endowments, or any modification of those tables approved 10 by the Director, and 7 1/2% interest. 11 After September 8, 1977, any company may file with the 12 Director a written notice of its election to comply with the 13 provisions of this subsection after a specified date before 14 January 1, 1979, which shall be the operative date of this 15 subsection for such company; provided, a company may elect a 16 different operative date for individual annuity and pure 17 endowment contracts from that elected for group annuity and 18 pure endowment contracts. If a company makes no election, 19 the operative date of this subsection for such company shall 20 be January 1, 1979. 21 (5) This subsection shall apply to all annuity and pure 22 endowment contracts other than group annuity and pure 23 endowment contracts purchased under a retirement plan or plan 24 of deferred compensation, established or maintained by an 25 employer (including a partnership or sole proprietorship) or 26 by an employee organization, or by both, other than a plan 27 providing individual retirement accounts or individual 28 retirement annuities under Section 408 of the Internal 29 Revenue Code, as now or hereafter amended. 30 Reserves according to the Commissioners annuity reserve 31 method for benefits under annuity or pure endowment 32 contracts, excluding any disability and accidental death 33 benefits in such contracts, shall be the greatest of the 34 respective excesses of the present values, at the date of SB745 Engrossed -746- LRB9101253EGfg 1 valuation, of the future guaranteed benefits, including 2 guaranteed nonforfeiture benefits, provided for by such 3 contracts at the end of each respective contract year, over 4 the present value, at the date of valuation, of any future 5 valuation considerations derived from future gross 6 considerations, required by the terms of such contract, that 7 become payable prior to the end of such respective contract 8 year. The future guaranteed benefits shall be determined by 9 using the mortality table, if any, and the interest rate, or 10 rates, specified in such contracts for determining guaranteed 11 benefits. The valuation considerations are the portions of 12 the respective gross considerations applied under the terms 13 of such contracts to determine nonforfeiture values. 14 (6) (a) Applicability of this subsection. (i) The 15 interest rates used in determining the minimum standard 16 for the valuation of 17 (A) all life insurance policies issued in a 18 particular calendar year, on or after the operative 19 date of subsection (4c) of Section 229.2292.220 (Standard Nonforfeiture Law), 21 (B) all individual annuity and pure endowment 22 contracts issued in a particular calendar year 23 ending on or after December 31, 1983, 24 (C) all annuities and pure endowments 25 purchased in a particular calendar year ending on or 26 after December 31, 1983, under group annuity and 27 pure endowment contracts, and 28 (D) the net increase in a particular calendar 29 year ending after December 31, 1983, in amounts held 30 under guaranteed interest contracts 31 shall be the calendar year statutory valuation interest 32 rates, as defined in this subsection. 33 (b) Calendar Year Statutory Valuation Interest 34 Rates. SB745 Engrossed -747- LRB9101253EGfg 1 (i) The calendar year statutory valuation 2 interest rates shall be determined according to the 3 following formulae, rounding "I" to the nearest 4 .25%. 5 (A) For life insurance, 6 I = .03 + W (R1 - .03) + W/2 (R2 - .09). 7 (B) For single premium immediate 8 annuities and annuity benefits involving life 9 contingencies arising from other annuities with 10 cash settlement options and from guaranteed 11 interest contracts with cash settlement 12 options, 13 I = .03 + W (R - .03) or with prior 14 approval of the Director I = .03 + W (Rq - 15 .03). 16 For the purposes of this subparagraph (i), "I" 17 equals the calendar year statutory valuation 18 interest rate, "R" is the reference interest rate 19 defined in this subsection, "R1" is the lesser of R 20 and .09, "R2" is the greater of R and .09, "Rq" is 21 the quarterly reference interest rate defined in 22 this subsection, and "W" is the weighting factor 23 defined in this subsection. 24 (C) For other annuities with cash 25 settlement options and guaranteed interest 26 contracts with cash settlement options, valued 27 on an issue year basis, except as stated in 28 (B), the formula for life insurance stated in 29 (A) applies to annuities and guaranteed 30 interest contracts with guarantee durations in 31 excess of 10 years, and the formula for single 32 premium immediate annuities stated in (B) above 33 applies to annuities and guaranteed interest 34 contracts with guarantee durations of 10 years SB745 Engrossed -748- LRB9101253EGfg 1 or less. 2 (D) For other annuities with no cash 3 settlement options and for guaranteed interest 4 contracts with no cash settlement options, the 5 formula for single premium immediate annuities 6 stated in (B) applies. 7 (E) For other annuities with cash 8 settlement options and guaranteed interest 9 contracts with cash settlement options, valued 10 on a change in fund basis, the formula for 11 single premium immediate annuities stated in 12 (B) applies. 13 (ii) If the calendar year statutory valuation 14 interest rate for any life insurance policy issued 15 in any calendar year determined without reference to 16 this subparagraph differs from the corresponding 17 actual rate for similar policies issued in the 18 immediately preceding calendar year by less than 19 .5%, the calendar year statutory valuation interest 20 rate for such life insurance policy shall be the 21 corresponding actual rate for the immediately 22 preceding calendar year. For purposes of applying 23 this subparagraph, the calendar year statutory 24 valuation interest rate for life insurance policies 25 issued in a calendar year shall be determined for 26 1980, using the reference interest rate defined for 27 1979, and shall be determined for each subsequent 28 calendar year regardless of when subsection (4c) of 29 Section 229.2 (Standard Nonforfeiture Law) becomes 30 operative. 31 (c) Weighting Factors. 32 (i) The weighting factors referred to in the 33 formulae stated in paragraph (b) are given in the 34 following tables. SB745 Engrossed -749- LRB9101253EGfg 1 (A) Weighting Factors for Life Insurance. 2 Guarantee Weighting 3 Duration Factors 4 (Years) 5 10 or less .50 6 More than 10, but not more than 20 .45 7 More than 20 .35 8 For life insurance, the guarantee duration 9 is the maximum number of years the life 10 insurance can remain in force on a basis 11 guaranteed in the policy or under options to 12 convert to plans of life insurance with premium 13 rates or nonforfeiture values or both which are 14 guaranteed in the original policy. 15 (B) The weighting factor for single 16 premium immediate annuities and for annuity 17 benefits involving life contingencies arising 18 from other annuities with cash settlement 19 options and guaranteed interest contracts with 20 cash settlement options is .80. 21 (C) The weighting factors for other 22 annuities and for guaranteed interest 23 contracts, except as stated in (B) of this 24 subparagraph (i), shall be as specified in 25 tables (1), (2), and (3) of this subpart (C), 26 according to the rules and definitions in (4), 27 (5) and (6) of this subpart (C). 28 (1) For annuities and guaranteed interest 29 contracts valued on an issue year basis. 30 Guarantee Weighting Factor 31 Duration for Plan Type 32 (Years) A B C 33 5 or less. .80 .60 .50 34 More than 5, but not SB745 Engrossed -750- LRB9101253EGfg 1 more than 10. .75 .60 .50 2 More than 10, but not 3 more than 20. .65 .50 .45 4 More than 20. .45 .35 .35 5 (2) For annuities and guaranteed interest 6 contracts valued on a change in fund basis, the 7 factors shown in (1) for Plan Types A, B and C 8 are increased by .15, .25 and .05, 9 respectively. 10 (3) For annuities and guaranteed interest 11 contracts valued on an issue year basis, other 12 than those with no cash settlement options, 13 which do not guarantee interest on 14 considerations received more than one year 15 after issue or purchase, and for annuities and 16 guaranteed interest contracts valued on a 17 change in fund basis which do not guarantee 18 interest rates on considerations received more 19 than 12 months beyond the valuation date, the 20 factors shown in (1), or derived in (2), for 21 Plan Types A, B and C are increased by .05. 22 (4) For other annuities with cash 23 settlement options and guaranteed interest 24 contracts with cash settlement options, the 25 guarantee duration is the number of years for 26 which the contract guarantees interest rates in 27 excess of the calendar year statutory valuation 28 interest rate for life insurance policies with 29 guarantee durations in excess of 20 years. For 30 other annuities with no cash settlement 31 options, and for guaranteed interest contracts 32 with no cash settlement options, the guarantee 33 duration is the number of years from the date 34 of issue or date of purchase to the date SB745 Engrossed -751- LRB9101253EGfg 1 annuity benefits are scheduled to commence. 2 (5) The plan types used in the above 3 tables are defined as follows. 4 Plan Type A is a plan under which the 5 policyholder may not withdraw funds, or may 6 withdraw funds at any time but only (a) with an 7 adjustment to reflect changes in interest rates 8 or asset values since receipt of the funds by 9 the insurance company, (b) without such an 10 adjustment but in installments over 5 years or 11 more, or (c) as an immediate life annuity. 12 Plan Type B is a plan under which the 13 policyholder may not withdraw funds before 14 expiration of the interest rate guarantee, or 15 may withdraw funds before such expiration but 16 only (a) with an adjustment to reflect changes 17 in interest rates or asset values since receipt 18 of the funds by the insurance company, or (b) 19 without such adjustment but in installments 20 over 5 years or more. At the end of the 21 interest rate guarantee, funds may be withdrawn 22 without such adjustment in a single sum or 23 installments over less than 5 years. 24 Plan Type C is a plan under which the 25 policyholder may withdraw funds before 26 expiration of the interest rate guarantee in a 27 single sum or installments over less than 5 28 years either (a) without adjustment to reflect 29 changes in interest rates or asset values since 30 receipt of the funds by the insurance company, 31 or (b) subject only to a fixed surrender charge 32 stipulated in the contract as a percentage of 33 the fund. 34 (6) A company may elect to value SB745 Engrossed -752- LRB9101253EGfg 1 guaranteed interest contracts with cash 2 settlement options and annuities with cash 3 settlement options on either an issue year 4 basis or on a change in fund basis. Guaranteed 5 interest contracts with no cash settlement 6 options and other annuities with no cash 7 settlement options shall be valued on an issue 8 year basis. As used in this Section, "issue 9 year basis of valuation" refers to a valuation 10 basis under which the interest rate used to 11 determine the minimum valuation standard for 12 the entire duration of the annuity or 13 guaranteed interest contract is the calendar 14 year valuation interest rate for the year of 15 issue or year of purchase of the annuity or 16 guaranteed interest contract. "Change in fund 17 basis of valuation", as used in this Section, 18 refers to a valuation basis under which the 19 interest rate used to determine the minimum 20 valuation standard applicable to each change in 21 the fund held under the annuity or guaranteed 22 interest contract is the calendar year 23 valuation interest rate for the year of the 24 change in the fund. 25 (d) Reference Interest Rate. (i) The reference 26 interest rate referred to in paragraph (b) of this 27 subsection is defined as follows. 28 (A) For all life insurance, the reference 29 interest rate is the lesser of the average over a 30 period of 36 months, and the average over a period 31 of 12 months, with both periods ending on June 30, 32 or with prior approval of the Director ending on 33 December 31, of the calendar year next preceding the 34 year of issue, of Moody's Corporate Bond Yield SB745 Engrossed -753- LRB9101253EGfg 1 Average - Monthly Average Corporates, as published 2 by Moody's Investors Service, Inc. 3 (B) For single premium immediate annuities and 4 for annuity benefits involving life contingencies 5 arising from other annuities with cash settlement 6 options and guaranteed interest contracts with cash 7 settlement options, the reference interest rate is 8 the average over a period of 12 months, ending on 9 June 30, or with prior approval of the Director 10 ending on December 31, of the calendar year of issue 11 or year of purchase, of Moody's Corporate Bond Yield 12 Average - Monthly Average Corporates, as published 13 by Moody's Investors Service, Inc. 14 (C) For annuities with cash settlement options 15 and guaranteed interest contracts with cash 16 settlement options, valued on a year of issue basis, 17 except those described in (B), with guarantee 18 durations in excess of 10 years, the reference 19 interest rate is the lesser of the average over a 20 period of 36 months and the average over a period of 21 12 months, ending on June 30, or with prior approval 22 of the Director ending on December 31, of the 23 calendar year of issue or purchase, of Moody's 24 Corporate Bond Yield Average-Monthly Average 25 Corporates, as published by Moody's Investors 26 Service, Inc. 27 (D) For other annuities with cash settlement 28 options and guaranteed interest contracts with cash 29 settlement options, valued on a year of issue basis, 30 except those described in (B), with guarantee 31 durations of 10 years or less, the reference 32 interest rate is the average over a period of 12 33 months, ending on June 30, or with prior approval of 34 the Director ending on December 31, of the calendar SB745 Engrossed -754- LRB9101253EGfg 1 year of issue or purchase, of Moody's Corporate Bond 2 Yield Average-Monthly Average Corporates, as 3 published by Moody's Investors Service, Inc. 4 (E) For annuities with no cash settlement 5 options and for guaranteed interest contracts with 6 no cash settlement options, the reference interest 7 rate is the average over a period of 12 months, 8 ending on June 30, or with prior approval of the 9 Director ending on December 31, of the calendar year 10 of issue or purchase, of Moody's Corporate Bond 11 Yield Average-Monthly Average Corporates, as 12 published by Moody's Investors Service, Inc. 13 (F) For annuities with cash settlement options 14 and guaranteed interest contracts with cash 15 settlement options, valued on a change in fund 16 basis, except those described in (B), the reference 17 interest rate is the average over a period of 12 18 months, ending on June 30, or with prior approval of 19 the Director ending on December 31, of the calendar 20 year of the change in the fund, of Moody's Corporate 21 Bond Yield Average-Monthly Average Corporates, as 22 published by Moody's Investors Service, Inc. 23 (G) For annuities valued by a formula based on 24 Rq, the quarterly reference interest rate is, with 25 the prior approval of the Director, the average 26 within each of the 4 consecutive calendar year 27 quarters ending on March 31, June 30, September 30 28 and December 31 of the calendar year of issue or 29 year of purchase of Moody's Corporate Bond Yield 30 Average-Monthly Average Corporates, as published by 31 Moody's Investors Service, Inc. 32 (e) Alternative Method for Determining Reference 33 Interest Rates. In the event that the Moody's Corporate 34 Bond Yield Average-Monthly Average Corporates is no SB745 Engrossed -755- LRB9101253EGfg 1 longer published by Moody's Investors Services, Inc., or 2 in the event that the National Association of Insurance 3 Commissioners determines that Moody's Corporate Bond 4 Yield Average-Monthly Average Corporates as published by 5 Moody's Investors Service, Inc. is no longer appropriate 6 for the determination of the reference interest rate, 7 then an alternative method for determination of the 8 reference interest rate, which is adopted by the National 9 Association of Insurance Commissioners and approved by 10 regulations promulgated by the Director, may be 11 substituted. 12 (7) Minimum Standards for Health (Disability, Accident 13 and Sickness) Plans. The Director shall promulgate a 14 regulation containing the minimum standards applicable to the 15 valuation of health (disability, sickness and accident) 16 plans. 17 (Source: P.A. 87-108; revised 10-31-98.) 18 (215 ILCS 5/267) (from Ch. 73, par. 879) 19 Sec. 267. Subscription requirements - Surplus. 20 (1) No assessment legal reserve life company shall 21 receive a certificate of authority from the Director to 22 transact an insurance business unless it has 250 bona fide 23 applications from 250 persons for life insurance in the 24 aggregate of at least $125,000 and shall have a surplus of at 25 least $100,000. 26 (2) No such company shall be authorized to transact 27 business of the kind specified in clause (b) of Class 1 of 28 Section 4 until it: 29 (a) has qualified as prescribed in subsection (1) 30 of this Section; 31 (b) obtains bona fide applications from at least 32 500 persons for insurance of the kind specified in clause 33 (b) of Class 1 of Section 4, for not less than $500500SB745 Engrossed -756- LRB9101253EGfg 1 nor more than $1,000 of maximum liability each; 2 (c) collects one full annual premium in cash on 3 each application; and 4 (d) has a surplus, in addition to the requirement 5 of subsection (1), of at least $100,000. 6 (3) Every company subject to the provisions of this 7 Article and organized on or after July 15, 1959, shall have 8 and at all times maintain a minimum surplus in an amount 9 equal to 2/3 of the original surplus required by subsections 10 (1) and (2), provided, however, that any such company 11 organized prior to July 15, 1959, shall have and at all times 12 maintain a minimum surplus in an amount equal to that which 13 would have been required immediately prior to July 15, 1959. 14 (4) All companies operating under this Article XVI and 15 authorized to transact any of the types of business 16 enumerated in clause (b) of Class 1 of Section 4, in addition 17 to the minimum surplus required by paragraph (3) of this 18 Section, shall have and at all times maintain an additional 19 minimum surplus of not less than $250,000. 20 (5) The Director shall take action under Section 401.1 21 against any company which fails to maintain the additional 22 minimum surplus required by this Section. "Minimum surplus" 23 means the "surplus as regards policyholders", as it appears 24 on the annual statement of an assessment company on the 25 annual statement form prescribed by the National Association 26 of Insurance Commissioners. 27 (Source: P.A. 85-1186; revised 2-24-98.) 28 (215 ILCS 5/333) (from Ch. 73, par. 945) 29 Sec. 333. Membership certificate. 30 (1) Every association shall issue a certificate of 31 membership to each member. The form of certificate shall be 32 submitted to the Director for his approval before same shall 33 be issued. Each certificate issued on and after January 1, SB745 Engrossed -757- LRB9101253EGfg 1 1950, shall contain the following provisions and no others 2 and shall be printed in clear readable type of uniform sixes, 3 except that the words in capital letters in the following 4 form may be in larger type, and in the case of an association 5 issuing certificates granting only death benefits, the 6 provisions with regard to disability may be omitted: 7 .............................. 8 (A Mutual Benefit Association) 9 ..................., Illinois. 10 IN CONSIDERATION OF the membership fee, the receipt of 11 which is hereby acknowledged and the facts set out in the 12 application executed by the member, and the further payment 13 of all assessments required to be paid under the conditions 14 of this certificate, on or before the time payable during the 15 continuance of the certificate, the .... agrees to pay to 16 ...., herein called the beneficiary, if living, or to a duly 17 substituted beneficiary, otherwise to the estate of the 18 member, upon receipt at its home office in the City of ...., 19 Illinois, of due proof of death of ...., herein called the 20 member, during continuance of this certificate in full force, 21 subject, however, to the conditions and provisions 22 hereinafter set forth, in accordance with the amounts 23 scheduled below based on the age of the member at the time he 24 or she became a member. 25 In no case shall the association be liable for an amount 26 in excess of $1 per member paying the assessment levied for a 27 single claim, except to the extent of the amount in the 28 benefit fund. 29 Upon receipt of satisfactory evidence at the Home Office 30 of the Association showing that the member has lost be 31 severance, BOTH HANDS or BOTH FEET, or ONE HAND AND ONE FOOT, 32 or has permanently lost the ENTIRE SIGHT OF BOTH EYES, 33 through accidental means, independently and exclusively of 34 all other causes, within 90 days from the date of the SB745 Engrossed -758- LRB9101253EGfg 1 accident, during the continuance of this Certificate, then 2 the sum set forth in the table of benefits herein provided to 3 be paid and upon the same terms as above provided for a death 4 benefit, will be paid to said member, subject to the 5 provisions and conditions hereinafter set forth in lieu of 6 all other benefits; and should the member lose by severance 7 ONE HAND or ONE FOOT or permanently the ENTIRE SIGHT OF ONE 8 EYE, through accidental means, independently and exclusively 9 of all other causes, within 90 days from the date of the 10 accident, during the continuance of this Certificate, then 11 1/2 of the sum set forth in the table of benefits herein 12 provided will be paid to the member, subject to the 13 provisions and conditions hereinafter set forth in lieu of 14 all other benefits. Severance shall mean, in case of a foot, 15 severance at or above the ankle; in case of a hand, severance 16 at or above the wrist. 17 TABLE SHOWING AMOUNT PAYABLE AT 18 DEATH OF MEMBER ACCORDING TO 19 AGE AT TIME OF BECOMING A 20 MEMBER. 21 Age at Maximum 22 Entry Benefit 23 Nearest Birthday 24 0 to 15 yrs..................................... $ 500.00 25 Members in this class 26 upon attaining the age 27 of 16 automatically become 28 members of the next 29 succeeding class. 30 16 to 40 yrs. $500.00 for first four 31 months increasing $25.00 32 per month to..................... 1,000.00 33 41 to 45 yrs. $400.00 for first four 34 months increasing $20.00 SB745 Engrossed -759- LRB9101253EGfg 1 per month to..................... 800.00 2 46 to 50 yrs. $300.00 for first four 3 months increasing $10.00 4 per month to..................... 500.00 5 51 to 55 yrs. $100.00 for first four 6 months increasing $10.00 7 per month to..................... 300.00 8 56 to 60 yrs. $100.00 for first four 9 months increasing $5.00 10 per month to..................... 200.00 11 The member who holds his or her certificate is subject to 12 assessments for the payment of death claims of the 13 association and to assessments for the payment of expenses of 14 the association as provided for by paragraph 13 on a 15 following page of this certificate. 16 THE PROVISIONS under the heading "Additional Contract 17 Provisions" (upon the following pages hereof) are a part of 18 this contract as fully as if recited over the signature 19 hereto affixed. 20 IN WITNESS WHEREOF, the .... has caused this contract to 21 be executed at its home office in the City of ...., Illinois, 22 on (insert date).this .... day of ...., 19...23 ............... (President) 24 ............... (Secretary) 25 ADDITIONAL CONTRACT PROVISIONS 26 1. Health and Age. The applicant for membership in this 27 association must be in good health, of sound mind and must be 28 between the ages of 0 and sixty years, nearest birthday. 29 2. Misrepresentations. This certificate and the 30 application therefor shall constitute the entire contract 31 with the member. All statements by the member shall, in the 32 absence of fraud, be deemed representations and not 33 warranties, and no such statement shall void this certificate 34 unless contained in the written application, and a copy of SB745 Engrossed -760- LRB9101253EGfg 1 such application attached to or copied on this certificate 2 when issued, or unless the fact misstated contributes to the 3 loss. 4 3. When Certificate Takes Effect. The association 5 assumes no liability until the certificate is issued and 6 actually delivered to the member during his or her lifetime 7 and while he or she is alive and in good health and of sound 8 mind. 9 4. Not More Than One Certificate to a Member. Only one 10 certificate of membership may be held by a member. Should any 11 member have more than one uncancelled certificate only the 12 earliest dated certificate shall be effective and all other 13 certificates shall be void. All assessments paid on such void 14 certificate shall be repaid to the member. 15 5. Agent Cannot Waive Contract Provisions. No agent 16 shall have authority to make any alterations or modifications 17 in the conditions or the provisions of this certificate of 18 membership, to extend the time of payment of assessments, to 19 waive any forfeiture provision or to bind the association by 20 any promises. 21 6. Assignment. No assignment of this certificate shall 22 be binding on the association, and the association assumes no 23 responsibility for the validity of any assignment. 24 7. Change of Beneficiary. The member may, by written 25 notification to the association, change the beneficiary 26 without the consent of such beneficiary. 27 8. Change of Address. The member, when changing his or 28 her address, shall at once notify the association of such 29 change, giving the new address, and such change shall be 30 noted upon the records of the association. Notice mailed to 31 the last known address of the member, as shown by the records 32 of the association, shall be considered in all respects as 33 due and sufficient notice. 34 9. Residence and Travel. This certificate is free from SB745 Engrossed -761- LRB9101253EGfg 1 restrictions or limitations as to residence and travel. 2 10. Incontestability. After this certificate shall have 3 been kept in continuous force, during the life of the member, 4 for 2 full years from date of issue, it shall be 5 incontestable if assessments have been duly paid, except as 6 to the limitations and exclusions set forth in paragraph 7 eleven hereof. If the age of the member has been misstated, 8 the amount payable under this certificate shall be such as 9 the member would have been entitled to at the true age. If 10 the age at entry is over sixty years the amount payable shall 11 be the full amount of assessments paid in by the member. 12 11. Limitations and Exclusions. If death results by the 13 intentional act of any beneficiary of this certificate, the 14 benefits hereunder shall be payable to the insured member's 15 estate. No benefits will be payable under this certificate if 16 death occurs as a result of any of the following: (1) 17 Military or naval service in time of war; (2) 18 Self-destruction while sane or insane, if within two years 19 from the date of this certificate; (3) Violation by member of 20 any criminal law. 21 12. Reinstatement. After default in payment of any 22 assessment this certificate may be reinstated at the 23 discretion of the board of directors upon the member 24 furnishing to the association satisfactory evidence of good 25 health and paying the delinquent assessment. In case the 26 certificate is lapsed for 30 days or more a one dollar 27 reinstatement fee shall be charged in addition to any 28 delinquent assessments. No certificate shall be reinstated 29 nor a new certificate issued to any member within one year 30 after this certificate is lapsed, except upon the payment by 31 such member of an amount equal to all intervening assessments 32 levied by the association. 33 13. Assessments. The association shall establish a 34 benefit fund to be used exclusively for the payment of claims SB745 Engrossed -762- LRB9101253EGfg 1 of members and the board of directors shall levy assessments 2 against all members of the association which, together with 3 any balance in the benefit fund, shall be sufficient in 4 amount to pay all claims in accordance with the schedule set 5 out in this certificate. The association shall also keep an 6 expense fund out of which all expenses of the association, 7 including salaries of officers, shall be paid, and for the 8 purpose of maintaining such fund each member may be assessed 9 not to exceed the maximum amount provided in Section 328. 10 14. Failure to Pay Assessment. Each assessment is due 11 and payable at the principal office of the association at 12 .... within 30 days from the date of the notice of the 13 assessment. If the member fails to pay the assessment within 14 the 30 days or fails to remit said assessment by depositing 15 the amount thereof in an envelope properly addressed to the 16 association in the United States mail by 12 o'clock noon on 17 the 30th day after the date of such notice, his certificate 18 may be cancelled by the association by the mailing to such 19 member of a cancellation notice as required by the Insurance 20 Code of the State of Illinois. If the member fails to pay the 21 assessment within 10 days from the date of such cancellation 22 notice or fails to remit said assessment by depositing the 23 amount thereof in an envelope properly addressed to the 24 association in the United States mail by 12 o'clock noon on 25 the 10th day after the date of such cancellation notice, the 26 member shall cease to have any further rights under the 27 certificate issued to such member on which the assessment is 28 levied, and said certificate shall then and there be regarded 29 and accepted by the association and the member as cancelled, 30 terminated and void, but such certificate shall be in full 31 force until the expiration of the 10 day period following the 32 cancellation notice. 33 15. Notice of Death or Disability. The association shall 34 be notified of the death or disability of a member within a SB745 Engrossed -763- LRB9101253EGfg 1 reasonable time after such death or disability. The 2 association shall immediately furnish a form of proof of 3 death or disability to the beneficiary or other interested 4 party. The information required by the proof of death or 5 disability shall be given and it shall be returned to the 6 office of the association. The board of directors shall 7 approve or disapprove a claim within 60 days after the 8 receipt by the association of the proof of death or 9 disability. If the claim is approved the association shall 10 pay in full the amount due according to this certificate 11 within 60 days after approval of the claim. If the claim is 12 disapproved, the association shall forthwith notify the 13 beneficiary or person filing the proof of death or disability 14 of the reasons for such disapproval. 15 16. Annual Meeting. The annual meeting of the members of 16 this association shall be held in the Home Office of the 17 association in ...., Illinois, at .... o'clock ... m.N., on 18 the .... day of .... of each year, unless such day falls on 19 Sunday or a legal holiday, and in such event on the next 20 business day succeeding, for the purpose of electing 21 directors and the transaction of such other business as may 22 be brought before the meeting. Members may vote at any 23 annual meeting in person or by proxy. This certificate shall 24 be considered sufficient notice of such meeting to all 25 members. 26 17. Election of Benefits. The filing of a claim for 27 disability benefits and the payment thereof by the 28 association shall constitute an election by the insured to 29 accept such disability benefits in lieu and in full payment 30 of all other benefits in the certificate provided. 31 (2) Prior to January 1, 1950, every association may at 32 its option adopt and use the certificate of membership 33 hereinbefore set forth upon first submitting the form to the 34 Director of Insurance and securing his or her approval SB745 Engrossed -764- LRB9101253EGfg 1 thereof. 2 (Source: P.A. 84-551; revised 10-20-98.) 3 (215 ILCS 5/338) (from Ch. 73, par. 950) 4 Sec. 338. Scope of Article. 5 (1) This Article shall apply to: 6 (a) all societies organized or operating, prior to 7 the effective date of this Code, under an Act entitled 8 "An Act relating to burial insurance societies,", 9 approved June 10, 1911; 10 (b) any person, firm, corporation, society, or 11 association of individuals engaged in the business of 12 providing a burial benefit or award for the payment, in 13 whole or in part, of funeral, burial or other expenses 14 relating to deceased members, certificate holders or 15 subscribers, by the levying of assessments, or by the 16 charging of a fee or premium. 17 (2) Each person, firm, corporation, society or 18 association mentioned in subsection (1) is referred to in 19 this Article as a "burial society" and subscribers to and 20 certificate holders of such a society are referred to in this 21 Article as "members." 22 (Source: Laws 1937, p. 696; revised 10-31-98.) 23 (215 ILCS 5/343) (from Ch. 73, par. 955) 24 Sec. 343. Certificate form. 25 (1) Every burial society shall issue a certificate of 26 membership to each member, agreeing to pay upon death a 27 specified sum of money not to exceed $1,000, which specified 28 amount shall not be diminished during the existence of the 29 contract. The form of certificate shall be submitted to the 30 Director for his or her approval before the same shall be 31 issued. Each certificate issued after the effective date of 32 this Code, shall contain the following provisions, and shall SB745 Engrossed -765- LRB9101253EGfg 1 be printed in clear readable type of uniform size except that 2 the words in capital letters in the following form may be in 3 larger type: 4 ............, Illinois. 5 Certificate Number 6 .................. 7 .............................. 8 (A Burial Insurance Society) 9 Incorporated under the Illinois Insurance Code. 10 HEREBY INSURES the life of ...., hereinafter called the 11 Member. 12 The society hereby agrees to pay to .... Beneficiary, the 13 sum of $...., upon receipt of due proof of the death of the 14 member, such payment to be paid only in lawful money of the 15 United States. 16 This certificate is issued in consideration of the 17 application and the payment in advance of a first .... 18 premium of .... which maintains this certificate in force for 19 a period ending .... following its date of issue, and the 20 payment of a like sum on the .... day of each .... thereafter 21 during the lifetime of the member. 22 CHANGE OF BENEFICIARY. The member may change the 23 beneficiary at any time by giving notice at the principal 24 office of the society. 25 INCONTESTABLE CLAUSE. This certificate shall be 26 incontestable after it has been in force during the life-time 27 of the member for 2 years except for non-payment of premiums 28 provided herein. 29 GRACE PERIOD. A grace period of 30 days shall be allowed 30 for the payment of any premium after the first, during which 31 time this certificate shall be continued in full force. 32 Should the member die during such grace period, the unpaid 33 premium may be deducted from the amount otherwise payable. 34 This certificate shall be regarded and accepted by the SB745 Engrossed -766- LRB9101253EGfg 1 society and the member as cancelled and terminated upon 2 failure to pay any premium before the expiration of the grace 3 period. 4 REINSTATEMENT. This certificate, after default in payment 5 of any premium, may be reinstated at the discretion of the 6 Board of Directors upon the member furnishing to the society 7 satisfactory evidence of good health and paying the 8 delinquent premiums. 9 CONTRACT. This certificate and the application therefor, 10 a copy of which is attached hereto, shall constitute the 11 entire contract with the member. 12 MISSTATEMENT OF AGE. If the age of the member has been 13 misstated, the amount payable under the certificate shall be 14 such as the member would have been entitled to at the true 15 age. 16 IN WITNESS WHEREOF, the society has caused this 17 certificate to be signed by its duly authorized officers, on 18 (insert date),this .... day of ...., 19..,which shall be 19 the effective date of this certificate. 20 ................. 21 (Secretary) 22 ................. 23 (President) 24 (2) If the society is operating on an assessment plan, 25 it may substitute in lieu of the word premium the word 26 assessment in each case and may substitute in lieu of the 27 consideration clause contained in the form the following: 28 This certificate is issued in consideration of the 29 application and the payment in advance of the first .... 30 assessment and the further payment of such assessments as may 31 be levied from time to time during the lifetime of the 32 member. 33 (Source: P.A. 84-551; revised 10-20-98.) SB745 Engrossed -767- LRB9101253EGfg 1 (215 ILCS 5/357.2) (from Ch. 73, par. 969.2) 2 Sec. 357.2. "ENTIRE CONTRACT; CHANGES: This policy, 3 including the endorsements and the attached papers, if any, 4 constitutes the entire contract of insurance. No change in 5 this policy shall be valid until approved by an executive 6 officer of the company and unless such approval be endorsed 7 hereon or attached hereto. No agent has authority to change 8 this policy or to waive any of its provisions." 9 (1) Premium Notice Required. No policy of accident and 10 health insurance, as enumerated in class 1(b) or 2(a) of 11 Section 4, shall be declared forfeited or lapsed within 6 12 months after default in payment of any premium installment or 13 interest or any portion thereof, nor shall any such policy be 14 forfeited or lapsed by reason of nonpayment when due of any 15 premium, installment or interest, or any portion thereof, 16 required by the terms of the policy to be paid, within 6 17 months from the default in payment of such premium, 18 installment or interest, unless a written or printed notice 19 stating the amount of such premium, installment, interest or 20 portion thereof due on such policy, the place where it shall 21 be paid and the person to whom the same is payable, shall 22 have been duly addressed and mailed with the required postage 23 affixed, to the person insured or to the premium payor if 24 other than the insured at the last known post office address 25 of the insured or premium payor, at least 15 days and not 26 more than 45 days prior to the day when same is due and 27 payable before the beginning of the grace period. 28 Such notice shall also state that unless such premium or 29 other sum due shall be paid to the company or its agent the 30 policy and all payments thereon will become forfeited and 31 void, except as to any right to a surrender value or paid up 32 policy as provided for by the policy. The affidavit of any 33 officer, clerk or agent of the company or of anyone 34 authorized to mail such notice that the notice required by SB745 Engrossed -768- LRB9101253EGfg 1 this Section bearing the required postage has been duly 2 addressed and mailed shall be presumptive evidence that such 3 notice has been duly given. 4 If the notice is given in a manner other than mailing, 5 then physical proof of the receipt of such notice by the 6 proper recipient shall be maintained by the insurer. 7 (2) ParagraphSec. 357.2(1) of this Section shall not 8 apply to cancellable policies which are renewable at the 9 option of the company nor shall it apply to group policies, 10 industrial policies, ortoany policies upon which premiums 11 are payable monthly or at shorter intervals. 12 (Source: P.A. 80-513; revised 2-26-98.) 13 (215 ILCS 5/357.18) (from Ch. 73, par. 969.18) 14 Sec. 357.18. "INSURANCE WITH OTHER COMPANIES: If there be 15 other valid coverage, not with this company, providing 16 benefits for the same loss on a provision of service basis or 17 on an expense incurred basis and of which this company has 18 not been given written notice prior to the occurrence or 19 commencement of loss, the only liability under any expense 20 incurred coverage of this policy shall be for such proportion 21 of the loss as the amount which would otherwise have been 22 payable hereunder plus the total of the like amounts under 23 all such other valid coverages for the same loss of which 24 this company had notice bears to the total like amounts under 25 all valid coverages for such loss, and for the return of such 26 portion of the premiums paid as shall exceed the pro-rata 27 portion for the amount so determined. For the purpose of 28 applying this provision when other coverage is on a provision 29 of service basis, the "like amount" of such other coverage 30 shall be taken as the amount which the services rendered 31 would have cost in the absence of such coverage." 32 (If the foregoing policy provision is included in a 33 policy which also contains the next following policy SB745 Engrossed -769- LRB9101253EGfg 1 provision there shall be added to the caption of the 2 foregoing provision the phrase "--EXPENSE INCURRED BENEFITS". 3 The company may, at its option, include in this provision a 4 definition of "other valid coverage", approved as to form by 5 the Director, which definition shall be limited in subject 6 matter to coverage provided by organizations subject to 7 regulation by insurance law or by insurance authorities of 8 this or any other state of the United States or any province 9 of Canada, and by hospital or medical service organizations, 10 and to any other coverage the inclusion of which may be 11 approved by the Director. In the absence of such definition 12 such term does not include group insurance, automobile 13 medical payments insurance, or coverage provided by hospital 14 or medical service organizations or by union welfare plans or 15 employer or employee benefit organizations. For the purpose 16 of applying the foregoing policy provision with respect to 17 any insured, any amount of benefit provided for such insured 18 pursuant to any compulsory benefit statute (including any 19 workers' compensation or employer's liability statute) 20 whether provided by a governmental agency or otherwise is 21 "other valid coverage" of which the company has had notice. 22 In applying the foregoing policy provision no third party 23 liability coverage shall be included as "other valid 24 coverage".) 25 (Source: P.A. 81-992; revised 10-31-98.) 26 (215 ILCS 5/357.19) (from Ch. 73, par. 969.19) 27 Sec. 357.19. "INSURANCE WITH OTHER COMPANIES: If there be 28 other valid coverage, not with this company, providing 29 benefits for the same loss on other than an expense incurred 30 basis and of which this company has not been given written 31 notice prior to the occurrence or commencement of loss, the 32 only liability for such benefits under this policy shall be 33 for such proportion of the indemnities otherwise provided SB745 Engrossed -770- LRB9101253EGfg 1 hereunder for such loss as the like indemnities of which the 2 company had notice (including the indemnities under this 3 policy) bear to the total amount of all like indemnities for 4 such loss, and for the return of such portion of the premium 5 paid as shall exceed the pro-rata portion for the indemnities 6 thus determined." 7 (If the foregoing policy provision is included in a 8 policy which also contains the next preceding policy 9 provision there shall be added to the caption of the 10 foregoing provision the phrase "--OTHER BENEFITS". The 11 company may, at its option, include in this provision a 12 definition of "other valid coverage", approved as to form by 13 the Director, which definition shall be limited in subject 14 matter to coverage provided by organizations subject to 15 regulation by insurance law or by insurance authorities of 16 this or any other state of the United States or any province 17 of Canada, and to any other coverage the inclusion of which 18 may be approved by the Director. In the absence of such 19 definition such term does not include group insurance, or 20 benefits provided by union welfare plans or by employer or 21 employee benefit organizations. For the purpose of applying 22 the foregoing policy provision with respect to any insured, 23 any amount of benefit provided for such insured pursuant to 24 any compulsory benefit statute (including any workers' 25 compensation or employer's liability statute) whether 26 provided by a governmental agency or otherwise is "other 27 valid coverage" of which the company has had notice. In 28 applying the foregoing policy provision no third party 29 liability coverage shall be included as "other valid 30 coverage".) 31 (Source: P.A. 81-992; revised 10-31-98.) 32 (215 ILCS 5/357.20) (from Ch. 73, par. 969.20) 33 Sec. 357.20. "RELATION OF EARNINGS TO INSURANCE: If the SB745 Engrossed -771- LRB9101253EGfg 1 total monthly amount of loss of time benefits promised for 2 the same loss under all valid loss of time coverage upon the 3 insured, whether payable on a weekly or monthly basis, shall 4 exceed the monthly earnings of the insured at the time 5 disability commenced or his average monthly earnings for the 6 period of 2 years immediately preceding a disability for 7 which claim is made, whichever is the greater, the company 8 will be liable only for such proportionate amount of such 9 benefits under this policy as the amount of such monthly 10 earnings or such average monthly earnings of the insured 11 bears to the total amount of monthly benefits for the same 12 loss under all such coverage upon the insured at the time 13 such disability commences and for the return of such part of 14 the premiums paid during such 2 years as shall exceed the 15 pro-rata amount of the premiums for the benefits actually 16 paid hereunder; but this shall not operate to reduce the 17 total monthly amount of benefits payable under all such 18 coverage upon the insured below the sum of $200.00 or the sum 19 of the monthly benefits specified in such coverages, 20 whichever is the lesser, nor shall it operate to reduce 21 benefits other than those payable for loss of time." 22 (The foregoing policy provision may be inserted only in a 23 policy which the insured has the right to continue in force 24 subject to its terms by the timely payment of premiums (1) 25 until at least age 50 or, (2) in the case of a policy issued 26 after age 44, for at least 5 years from its date of issue. 27 The company may, at its option, include in this provision a 28 definition of "valid loss of time coverage", approved as to 29 form by the Director, which definition shall be limited in 30 subject matter to coverage provided by governmental agencies 31 or by organizations subject to regulation by insurance law or 32 by insurance authorities of this or any other state of the 33 United States or any province of Canada, or to any other 34 coverage the inclusion of which may be approved by the SB745 Engrossed -772- LRB9101253EGfg 1 Director or any combination of such coverages. In the absence 2 of such definition such term does not include any coverage 3 provided for such insured pursuant to any compulsory benefit 4 statute (including any workers' compensation or employer's 5 liability statute), or benefits provided by union welfare 6 plans or by employer or employee benefit organizations.) 7 (Source: P.A. 81-992; revised 10-31-98.) 8 (215 ILCS 5/408) (from Ch. 73, par. 1020) 9 Sec. 408. Fees and charges. 10 (1) The Director shall charge, collect and give proper 11 acquittances for the payment of the following fees and 12 charges: 13 (a) For filing all documents submitted for the 14 incorporation or organization or certification of a 15 domestic company, except for a fraternal benefit society, 16 $1,000. 17 (b) For filing all documents submitted for the 18 incorporation or organization of a fraternal benefit 19 society, $250. 20 (c) For filing amendments to articles of 21 incorporation and amendments to declaration of 22 organization, except for a fraternal benefit society, a 23 mutual benefit association, a burial society or a farm 24 mutual, $100. 25 (d) For filing amendments to articles of 26 incorporation of a fraternal benefit society, a mutual 27 benefit association or a burial society, $50. 28 (e) For filing amendments to articles of 29 incorporation of a farm mutual, $25. 30 (f) For filing bylaws or amendments thereto, $25. 31 (g) For filing agreement of merger or 32 consolidation: 33 (i) for a domestic company, except for a SB745 Engrossed -773- LRB9101253EGfg 1 fraternal benefit society, a mutual benefit 2 association, a burial society, or a farm mutual, 3 $1,000. 4 (ii) for a foreign or alien company, except 5 for a fraternal benefit society, $300. 6 (iii) for a fraternal benefit society, a 7 mutual benefit association, a burial society, or a 8 farm mutual, $100. 9 (h) For filing agreements of reinsurance by a 10 domestic company, $100. 11 (i) For filing all documents submitted by a foreign 12 or alien company to be admitted to transact business or 13 accredited as a reinsurer in this State, except for a 14 fraternal benefit society, $2,500. 15 (j) For filing all documents submitted by a foreign 16 or alien fraternal benefit society to be admitted to 17 transact business in this State, $250. 18 (k) For filing declaration of withdrawal of a 19 foreign or alien company, $25. 20 (l) For filing annual statement, except a fraternal 21 benefit society, a mutual benefit association, a burial 22 society, or a farm mutual, $100. 23 (m) For filing annual statement by a fraternal 24 benefit society, $50. 25 (n) For filing annual statement by a farm mutual, a 26 mutual benefit association, or a burial society, $25. 27 (o) For issuing a certificate of authority or 28 renewal thereof except to a fraternal benefit society, 29 $100. 30 (p) For issuing a certificate of authority or 31 renewal thereof to a fraternal benefit society, $50. 32 (q) For issuing an amended certificate of 33 authority, $25. 34 (r) For each certified copy of certificate of SB745 Engrossed -774- LRB9101253EGfg 1 authority, $10. 2 (s) For each certificate of deposit, or valuation, 3 or compliance or surety certificate, $10. 4 (t) For copies of papers or records per page, $1. 5 (u) For each certification to copies of papers or 6 records, $10. 7 (v) For multiple copies of documents or 8 certificates listed in subparagraphs (r), (s), and (u) of 9 paragraph (1) of this Section, $10 for the first copy of 10 a certificate of any type and $5 for each additional copy 11 of the same certificate requested at the same time, 12 unless, pursuant to paragraph (2) of this Section, the 13 Director finds these additional fees excessive. 14 (w) For issuing a permit to sell shares or increase 15 paid-up capital: 16 (i) in connection with a public stock 17 offering, $150; 18 (ii) in any other case, $50. 19 (x) For issuing any other certificate required or 20 permissible under the law, $25. 21 (y) For filing a plan of exchange of the stock of a 22 domestic stock insurance company, a plan of 23 demutualization of a domestic mutual company, or a plan 24 of reorganization under Article XII, $1,000. 25 (z) For filing a statement of acquisition of a 26 domestic company as defined in Section 131.4 of this 27 Code, $1,000. 28 (aa) For filing an agreement to purchase the 29 business of an organization authorized under the Dental 30 Service Plan Act or the Voluntary Health Services Plans 31 Act or of a health maintenance organization or a limited 32 health service organization, $1,000. 33 (bb) For filing a statement of acquisition of a 34 foreign or alien insurance company as defined in Section SB745 Engrossed -775- LRB9101253EGfg 1 131.12a of this Code, $500. 2 (cc) For filing a registration statement as 3 required in Sections 131.13 and 131.14, the notification 4 as required by Sections 131.16, 131.20a, or 141.4, or an 5 agreement or transaction required by Sections 124.2(2), 6 141, 141a, or 141.1, $100. 7 (dd) For filing an application for licensing of: 8 (i) a religious or charitable risk pooling 9 trust or a workers' compensation pool, $500; 10 (ii) a workers' compensation service company, 11 $250; 12 (iii) a self-insured automobile fleet, $100; 13 or 14 (iv) a renewal of or amendment of any license 15 issued pursuant to (i), (ii), or (iii) above, $50. 16 (ee) For filing articles of incorporation for a 17 syndicate to engage in the business of insurance through 18 the Illinois Insurance Exchange, $1,000. 19 (ff) For filing amended articles of incorporation 20 for a syndicate engaged in the business of insurance 21 through the Illinois Insurance Exchange, $50. 22 (gg) For filing articles of incorporation for a 23 limited syndicate to join with other subscribers or 24 limited syndicates to do business through the Illinois 25 Insurance Exchange, $500. 26 (hh) For filing amended articles of incorporation 27 for a limited syndicate to do business through the 28 Illinois Insurance Exchange, $50. 29 (ii) For a permit to solicit subscriptions to a 30 syndicate or limited syndicate, $50. 31 (jj) For the filing of each form as required in 32 Section 143 of this Code, $25 per form. The fee for 33 advisory and rating organizations shall be $100 per form. 34 (i) For the purposes of the form filing fee, SB745 Engrossed -776- LRB9101253EGfg 1 filings made on insert page basis will be considered 2 one form at the time of its original submission. 3 Changes made to a form subsequent to its approval 4 shall be considered a new filing. 5 (ii) Only one fee shall be charged for a form, 6 regardless of the number of other forms or policies 7 with which it will be used. 8 (iii) Fees charged for a policy filed as it 9 will be issued regardless of the number of forms 10 comprising that policy shall not exceed $500 or 11 $1000 for advisory or rating organizations. 12 (iv) The Director may by rule exempt forms 13 from such fees. 14 (kk) For filing an application for licensing of a 15 reinsurance intermediary, $250. 16 (ll) For filing an application for renewal of a 17 license of a reinsurance intermediary, $100. 18 (2) When printed copies or numerous copies of the same 19 paper or records are furnished or certified, the Director may 20 reduce such fees for copies if he finds them excessive. He 21 may, when he considers it in the public interest, furnish 22 without charge to state insurance departments and persons 23 other than companies, copies or certified copies of reports 24 of examinations and of other papers and records. 25 (3) The expenses incurred in any performance examination 26 authorized by law shall be paid by the company or person 27 being examined. The charge shall be reasonably related to the 28 cost of the examination including but not limited to 29 compensation of examiners, electronic data processing costs, 30 supervision and preparation of an examination report and 31 lodging and travel expenses. All lodging and travel expenses 32 shall be in accord with the applicable travel regulations as 33 published by the Department of Central Management Services 34 and approved by the Governor's Travel Control Board, except SB745 Engrossed -777- LRB9101253EGfg 1 that out-of-state lodging and travel expenses related to 2 examinations authorized under Section 132 shall be in 3 accordance with travel rates prescribed under paragraph 4 301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2, 5 for reimbursement of subsistence expenses incurred during 6 official travel. All lodging and travel expenses may be 7 reimbursed directly upon authorization of the Director. With 8 the exception of the direct reimbursements authorized by the 9 Director, all performance examination charges collected by 10 the Department shall be paid to the Insurance Producers 11 Administration Fund, however, the electronic data processing 12 costs incurred by the Department in the performance of any 13 examination shall be billed directly to the company being 14 examined for payment to the Statistical Services Revolving 15 Fund. 16 (4) At the time of any service of process on the 17 Director as attorney for such service, the Director shall 18 charge and collect the sum of $10.00, which may be recovered 19 as taxable costs by the party to the suit or action causing 20 such service to be made if he prevails in such suit or 21 action. 22 (5) (a) The costs incurred by the Department of 23 Insurance in conducting any hearing authorized by law shall 24 be assessed against the parties to the hearing in such 25 proportion as the Director of Insurance may determine upon 26 consideration of all relevant circumstances including: (1) 27 the nature of the hearing; (2) whether the hearing was 28 instigated by, or for the benefit of a particular party or 29 parties; (3) whether there is a successful party on the 30 merits of the proceeding; and (4) the relative levels of 31 participation by the parties. 32 (b) For purposes of this subsection (5) costs incurred 33 shall mean the hearing officer fees, court reporter fees, and 34 travel expenses of Department of Insurance officers and SB745 Engrossed -778- LRB9101253EGfg 1 employees; provided however, that costs incurred shall not 2 include hearing officer fees or court reporter fees unless 3 the Department has retained the services of independent 4 contractors or outside experts to perform such functions. 5 (c) The Director shall make the assessment of costs 6 incurred as part of the final order or decision arising out 7 of the proceeding; provided, however, that such order or 8 decision shall include findings and conclusions in support of 9 the assessment of costs. This subsection (5) shall not be 10 construed as permitting the payment of travel expenses unless 11 calculated in accordance with the applicable travel 12 regulations of the Department of Central Management Services, 13 as approved by the Governor's Travel Control Board. The 14 Director as part of such order or decision shall require all 15 assessments for hearing officer fees and court reporter fees, 16 if any, to be paid directly to the hearing officer or court 17 reporter by the party(s) assessed for such costs. The 18 assessments for travel expenses of Department officers and 19 employees shall be reimbursable to the Director of Insurance 20 for deposit to the fund out of which those expenses had been 21 paid. 22 (d) The provisions of this subsection (5) shall apply in 23 the case of any hearing conducted by the Director of 24 Insurance not otherwise specifically provided for by law. 25 (6) The Director shall charge and collect an annual 26 financial regulation fee from every domestic company for 27 examination and analysis of its financial condition and to 28 fund the internal costs and expenses of the Interstate 29 Insurance Receivership Commission as may be allocated to the 30 State of Illinois and companies doing an insurance business 31 in this State pursuant to Article X of the Interstate 32 Insurance Receivership Compact. The fee shall be the greater 33 fixed amount based upon the combination of nationwide direct 34 premium income and nationwide reinsurance assumed premium SB745 Engrossed -779- LRB9101253EGfg 1 income or upon admitted assets calculated under this 2 subsection as follows: 3 (a) Combination of nationwide direct premium income 4 and nationwide reinsurance assumed premium. 5 (i) $100, if the premium is less than $500,000 6 and there is no reinsurance assumed premium; 7 (ii) $500, if the premium is $500,000 or more, 8 but less than $5,000,000 and there is no reinsurance 9 assumed premium; or if the premium is less than 10 $5,000,000 and the reinsurance assumed premium is 11 less than $10,000,000; 12 (iii) $2,500, if the premium is less than 13 $5,000,000 and the reinsurance assumed premium is 14 $10,000,000 or more; 15 (iv) $5,000, if the premium is $5,000,000 or 16 more, but less than $10,000,000; 17 (v) $12,000, if the premium is $10,000,000 or 18 more, but less than $25,000,000; 19 (vi) $15,000, if the premium is $25,000,000 or 20 more, but less than $50,000,000; 21 (vii) $20,000, if the premium is $50,000,000 22 or more, but less than $100,000,000; 23 (viii) $25,000, if the premium is $100,000,000 24 or more. 25 (b) Admitted assets. 26 (i) $100, if admitted assets are less than 27 $1,000,000; 28 (ii) $500, if admitted assets are $1,000,000 29 or more, but less than $5,000,000; 30 (iii) 2,500, if admitted assets are $5,000,000 31 or more, but less than $25,000,000; 32 (iv) $5,000, if admitted assets are 33 $25,000,000 or more, but less than $50,000,000; 34 (v) $12,000, if admitted assets are SB745 Engrossed -780- LRB9101253EGfg 1 $50,000,000 or more, but less than $100,000,000; 2 (vi) $15,000, if admitted assets are 3 $100,000,000 or more, but less than $500,000,000; 4 (vii) $20,000, if admitted assets are 5 $500,000,000 or more, but less than $1,000,000,000; 6 (viii) $25,000, if admitted assets are 7 $1,000,000,000 or more. 8 (c) The sum of financial regulation fees charged to 9 the domestic companies of the same affiliated group shall 10 not exceed $100,000 in the aggregate in any single year 11 and shall be billed by the Director to the member company 12 designated by the group. 13 (7) The Director shall charge and collect an annual 14 financial regulation fee from every foreign or alien company, 15 except fraternal benefit societies, for the examination and 16 analysis of its financial condition and to fund the internal 17 costs and expenses of the Interstate Insurance Receivership 18 Commission as may be allocated to the State of Illinois and 19 companies doing an insurance business in this State pursuant 20 to Article X of the Interstate Insurance Receivership 21 Compact. The fee shall be a fixed amount based upon Illinois 22 direct premium income and nationwide reinsurance assumed 23 premium income in accordance with the following schedule: 24 (a) $100, if the premium is less than $500,000 and 25 there is no reinsurance assumed premium; 26 (b) $500, if the premium is $500,000 or more, but 27 less than $5,000,000 and there is no reinsurance assumed 28 premium; or if the premium is less than $5,000,000 and 29 the reinsurance assumed premium is less than $10,000,000; 30 (c) $2,500, if the premium is less than $5,000,000 31 and the reinsurance assumed premium is $10,000,000 or 32 more; 33 (d) $5,000, if the premium is $5,000,000 or more, 34 but less than $10,000,000; SB745 Engrossed -781- LRB9101253EGfg 1 (e) $12,000, if the premium is $10,000,000 or more, 2 but less than $25,000,000; 3 (f) $15,000, if the premium is $25,000,000 or more, 4 but less than $50,000,000; 5 (g) $20,000, if the premium is $50,000,000 or more, 6 but less than $100,000,000; 7 (h) $25,000, if the premium is $100,000,000 or 8 more. 9 The sum of financial regulation fees under this 10 subsection (7) charged to the foreign or alien companies 11 within the same affiliated group shall not exceed $100,000 in 12 the aggregate in any single year and shall be billed by the 13 Director to the member company designated by the group. 14 (8) Beginning January 1, 1992, the financial regulation 15 fees imposed under subsections (6) and (7) of this Section 16 shall be paid by each company or domestic affiliated group 17 annually. After January 1, 1994, the fee shall be billed by 18 Department invoice based upon the company's premium income or 19 admitted assets as shown in its annual statement for the 20 preceding calendar year. The invoice is due upon receipt and 21 must be paid no later than June 30 of each calendar year. 22 All financial regulation fees collected by the Department 23 shall be paid to the Insurance Financial Regulation Fund. 24 The Department may not collect financial examiner per diem 25 charges from companies subject to subsections (6) and (7) of 26 this Section undergoing financial examination after June 30, 27 1992. 28 (9) In addition to the financial regulation fee required 29 by this Section, a company undergoing any financial 30 examination authorized by law shall pay the following costs 31 and expenses incurred by the Department: electronic data 32 processing costs, the expenses authorized under Section 33 131.21 and subsection (d) of Section 132.4 of this Code, and 34 lodging and travel expenses. SB745 Engrossed -782- LRB9101253EGfg 1 Electronic data processing costs incurred by the 2 Department in the performance of any examination shall be 3 billed directly to the company undergoing examination for 4 payment to the Statistical Services Revolving Fund. Except 5 for direct reimbursements authorized by the Director or 6 direct payments made under Section 131.21 or subsection (d) 7 of Section 132.4 of this Code, all financial regulation fees 8 and all financial examination charges collected by the 9 Department shall be paid to the Insurance Financial 10 Regulation Fund. 11 All lodging and travel expenses shall be in accordance 12 with applicable travel regulations published by the 13 Department of Central Management Services and approved by the 14 Governor's Travel Control Board, except that out-of-state 15 lodging and travel expenses related to examinations 16 authorized under Sections 132.1 through 132.7 shall be in 17 accordance with travel rates prescribed under paragraph 18 301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2, 19 for reimbursement of subsistence expenses incurred during 20 official travel. All lodging and travel expenses may be 21 reimbursed directly upon the authorization of the Director. 22 In the case of an organization or person not subject to 23 the financial regulation fee, the expenses incurred in any 24 financial examination authorized by law shall be paid by the 25 organization or person being examined. The charge shall be 26 reasonably related to the cost of the examination including, 27 but not limited to, compensation of examiners and other costs 28 described in this subsection. 29 (10) Any company, person, or entity failing to make any 30 payment of $100 or more as required under this Section shall 31 be subject to the penalty and interest provisions provided 32 for in subsections (4) and (7) of Section 412. 33 (11) Unless otherwise specified, all of the fees 34 collected under this Section shall be paid into the Insurance SB745 Engrossed -783- LRB9101253EGfg 1 Financial Regulation Fund. 2 (12) For purposes of this Section: 3 (a) "Domestic company" means a company as defined 4 in Section 2 of this Code which is incorporated or 5 organized under the laws of this State, and in addition 6 includes a not-for-profit corporation authorized under 7 the Dental Service Plan Act, Pharmaceutical,or the 8 Voluntary Health Services Plans ActService Plan Acts, 9anda health maintenance organization, and a limited 10 health service organization.;11 (b) "Foreign company" means a company as defined in 12 Section 2 of this Code which is incorporated or organized 13 under the laws of any state of the United States other 14 than this State and in addition includes a health 15 maintenance organization and a limited health service 16 organization which is incorporated or organized under the 17 laws of any state of the United States other than this 18 State.;19 (c) "Alien company" means a company as defined in 20 Section 2 of this Code which is incorporated or organized 21 under the laws of any country other than the United 22 States.;23 (d) "Fraternal benefit society" means a 24 corporation, society, order, lodge or voluntary 25 association as defined in Section 282.1 of this Code.;26 (e) "Mutual benefit association" means a company, 27 association or corporation authorized by the Director to 28 do business in this State under the provisions of Article 29 XVIII of this Code.;30 (f) "Burial society" means a person, firm, 31 corporation, society or association of individuals 32 authorized by the Director to do business in this State 33 under the provisions of Article XIX of this Code.; and34 (g) "Farm mutual" means a district, county and SB745 Engrossed -784- LRB9101253EGfg 1 township mutual insurance company authorized by the 2 Director to do business in this State under the 3 provisions of the Farm Mutual Insurance Company Act of 4 1986. 5 (Source: P.A. 89-97, eff. 7-7-95; 89-247, eff. 1-1-96; 6 89-626, eff. 8-9-96; 90-177, eff. 7-23-97; 90-583, eff. 7 5-29-98; revised 10-31-98.) 8 (215 ILCS 5/415) (from Ch. 73, par. 1027) 9 Sec. 415. No taxes to be imposed by political 10 subdivisionssub-divisions. The fees, charges and taxes 11 provided for by this Article shall be in lieu of all license 12 fees or privilege or occupation taxes or other fees levied or 13 assessed by any municipality, county or other political 14 subdivision of this State, and no municipality, county or 15 other political subdivision of this State shall impose any 16 license fee or privilege or occupation tax or fee upon any 17 domestic, foreign or alien company, or upon any of its 18 agents, for the privilege of doing an insurance business 19 therein, except the tax authorized by Division 10 of Article 20 11 of the Illinois Municipal Code, as heretofore and 21 hereafter amended. This Section shall not be construed to 22 prohibit the levy and collection of: 23 (a) State, county or municipal taxes upon the real 24 and personal property of such a company, including the 25 tax imposed by SectionSec.414 of this Code, and 26 (b) taxes for the purpose of maintaining the Office 27 of the State Fire Marshalof this Stateand paying the 28 expenses incident thereto. 29 (Source: Laws 1967, p. 2716; revised 2-25-98.) 30 (215 ILCS 5/531.03) (from Ch. 73, par. 1065.80-3) 31 Sec. 531.03. Coverage and limitations. 32 (1) This Article shall provide coverage for the policies SB745 Engrossed -785- LRB9101253EGfg 1 and contracts specified in paragraph (2) of this Section: 2 (a) to persons who, regardless of where they reside 3 (except for non-resident certificate holders under group 4 policies or contracts), are the beneficiaries, assignees 5 or payees of the persons covered under subparagraph 6 (1)(b), and 7 (b) to persons who are owners of or certificate 8 holders under such policies or contracts; or, in the case 9 of unallocated annuity contracts, to the persons who are 10 the contract holders, and who 11 (i) are residents of this State, or 12 (ii) are not residents, but only under all of 13 the following conditions: 14 (A) the insurers which issued such 15 policies or contracts are domiciled in this 16 State; 17 (B) such insurers never held a license or 18 certificate of authority in the states in which 19 such persons reside; 20 (C) such states have associations similar 21 to the association created by this Act; and 22 (D) such persons are not eligible for 23 coverage by such associations. 24 (2)(a) This Article shall provide coverage to the 25 persons specified in paragraph (l) of this Section for 26 direct, (i) nongroup life, health, annuity and supplemental 27 policies, or contracts, (ii) for certificates under direct 28 group policies or contracts, (iii) for unallocated annuity 29 contracts and (iv) for contracts to furnish health care 30 services and subscription certificates for medical or health 31 care services issued by persons licensed to transact 32 insurance business in this State under the Illinois Insurance 33 Code. Annuity contracts and certificates under group annuity 34 contracts include but are not limited to guaranteed SB745 Engrossed -786- LRB9101253EGfg 1 investment contracts, deposit administration contracts, 2 unallocated funding agreements, allocated funding agreements, 3 structured settlement agreements, lottery contracts and any 4 immediate or deferred annuity contracts. 5 (b) This Article shall not provide coverage for: 6 (i) that portion or part of such policies or 7 contracts under which the risk is borne by the 8 policyholder; provided however, that nothing in this 9 subparagraph (i) shall make this Article inapplicable to 10 assessment life and accident and health insurance 11 policies or contracts; or 12 (ii) any such policy or contract or part thereof 13 assumed by the impaired or insolvent insurer under a 14 contract of reinsurance, other than reinsurance for which 15 assumption certificates have been issued; or 16 (iii) any portion of a policy or contract to the 17 extent such portion represents an accrued value that the 18 rate of interest on which it is accrued 19 (A) averaged over the period of four years 20 prior to the date on which the Association becomes 21 obligated with respect to such policy or contract, 22 exceeds a rate of interest determined by subtracting 23 two percentage points from Moody's Corporate Bond 24 Yield Average averaged for that same four year 25 period or for such lesser period if the policy or 26 contract was issued less than four years before the 27 Association became obligated; and 28 (B) on and after the date on which the 29 Association becomes obligated with respect to such 30 policy or contract, exceeds the rate of interest 31 determined by subtracting three percentage points 32 from Moody's Corporate Bond Yield Average as most 33 recently available; or 34 (iv) any unallocated annuity contract issued to an SB745 Engrossed -787- LRB9101253EGfg 1 employee benefit plan protected under the federal Pension 2 Benefit Guaranty Corporation; orand3 (v) any portion of any unallocated annuity contract 4 which is not issued to or in connection with a specific 5 employee, union or association of natural persons benefit 6 plan or a government lottery; or.7 (vi) any burial society organized under Article XIX 8 of this Act, any fraternal benefit society organized 9 under Article XVII of this Act, any mutual benefit 10 association organized under Article XVIII of this Act, 11 and any foreign fraternal benefit society licensed under 12 Article VI of this Act; or 13 (vii) any health maintenance organization 14 established pursuant to the Health Maintenance 15 Organization Act including any health maintenance 16 organization business of a member insurer; or 17 (viii) any health services plan corporation 18 established pursuant to the Voluntary Health Services 19 Plans Act; or 20 (ix) (blank); or 21 (x) any dental service plan corporation established 22 pursuant to the Dental Service Plan Act; or 23 (xi) any stop-loss insurance, as defined in clause 24 (b) of Class 1 or clause (a) of Class 2 of Section 4, and 25 further defined in subsection (d) of Section 352; or 26 (xii) that portion or part of a variable life 27 insurance or variable annuity contract not guaranteed by 28 an insurer. 29 (3) The benefits for which the Association may become 30 liable shall in no event exceed the lesser of: 31 (a) the contractual obligations for which the 32 insurer is liable or would have been liable if it were 33 not an impaired or insolvent insurer, or 34 (b)(i) with respect to any one life, regardless of SB745 Engrossed -788- LRB9101253EGfg 1 the number of policies or contracts: 2 (A) $300,000 in life insurance death benefits, 3 but not more than $100,000 in net cash surrender and 4 net cash withdrawal values for life insurance; 5 (B) $300,000 in health insurance benefits, 6 including any net cash surrender and net cash 7 withdrawal values; 8 (C) $100,000 in the present value of annuity 9 benefits, including net cash surrender and net cash 10 withdrawal values; 11 (ii) with respect to each individual participating 12 in a governmental retirement plan established under 13 Section 401, 403(b) or 457 of the U.S. Internal Revenue 14 Code covered by an unallocated annuity contract or the 15 beneficiaries of each such individual if deceased, in the 16 aggregate, $100,000 in present value annuity benefits, 17 including net cash surrender and net cash withdrawal 18 values; provided, however, that in no event shall the 19 Association be liable to expend more than $300,000 in the 20 aggregate with respect to any one individual under 21 subparagraph (1) and this subparagraph;:22 (iii) with respect to any one contract holder 23 covered by any unallocated annuity contract not included 24 in subparagraph (3)(b)(ii) of this Section above, 25 $5,000,000 in benefits, irrespective of the number of 26 such contracts held by that contract holder. 27 (Source: P.A. 90-177, eff. 7-23-97; revised 10-31-98.) 28 (215 ILCS 5/803.1) 29 Sec. 803.1. Establishment of Fund. 30 (a) There is established a fund to be known as the 31 "Illinois Mine Subsidence Insurance Fund". The Fund shall 32 operate pursuant to this Article. The Fund is authorized to 33 transact business, provide services, enter into contracts and SB745 Engrossed -789- LRB9101253EGfg 1 sue or be sued in its own name. 2 (b) The Fund shall provide reinsurance for mine 3 subsidence losses to all insurers writing mine subsidence 4 insurance pursuant to this Article. 5 (c) The monies in the Fund shall be derived from 6 premiums for mine subsidence insurance collected on behalf of 7 the Fund pursuant to this Article, from investment income and 8 from receipt of Federal or State funds. No insurer shall 9 have any liability to the Fund or to any creditor of the 10 Fund, except as may be set forth in this Article, in the 11 Articles of Governance which may be adopted by the Fund, in a 12 reinsurance agreement executed pursuant to Sectionparagraph13 810.1, in the Plan of Operation established by the Fund, or 14 in the rules and procedures adopted by the Fund as authorized 15 by the reinsurance agreement. 16 (d) The Fund shall establish the rates, rating 17 schedules, deductibles and retentions, minimum premiums, and 18 classifications for mine subsidence insurance which the Fund 19 shall file with the Director. The Director shall have 30 20 days from the date of receipt to approve or disapprove a rate 21 filing. If no action is taken by the Director within 30 22 days, the rate is deemed to be approved. The Director may, 23 in writing, extend the period for an additional 30 days if 24 the Director determines that additional time is needed. 25 (e) The Fund shall establish its rates, rating 26 schedules, deductibles and retentions, minimum premiums, and 27 classification in such a manner as to satisfy all reasonably 28 foreseeable claims and expenses the Fund is likely to incur. 29 The Fund shall give due consideration to loss experience and 30 relevant trends, premium and other income and reasonable 31 reserves established for contingencies in establishing the 32 mine subsidence rates. 33 (f) The Fund shall compile and publish an annual 34 operating report. SB745 Engrossed -790- LRB9101253EGfg 1 (g) The Fund shall develop at least 2 consumer 2 information publications to aid the public in understanding 3 mine subsidence and mine subsidence insurance and shall 4 establish a schedule for the distribution of the publications 5 pursuant to the reinsurance agreement. Topics that shall be 6 addressed shall include but are not limited to: 7 (1) Descriptive information about mine subsidence, 8 and what benefits mine subsidence insurance provides to 9 the property owner. 10 (2) Information that will be useful to a 11 policyholder who has filed a mine subsidence claim, such 12 as information that explains the claim investigation 13 process and claim handling procedures. 14 (h) The Fund shall be empowered to conduct research 15 programs in an effort to improve the administration of the 16 mine subsidence insurance program and help reduce and 17 mitigate mine subsidence losses consistent with the public 18 interest. 19 (i) The Fund may enter into reinsurance agreements with 20 any intergovernmental cooperative that provides joint 21 self-insurance for mine subsidence losses of its members. 22 These reinsurance agreements shall be substantially similar 23 to reinsurance agreements described in Section 810.1. 24 (Source: P.A. 89-206, eff. 7-21-95; 90-499, eff. 8-19-97; 25 revised 10-31-98.) 26 (215 ILCS 5/807.1) 27 Sec. 807.1. Exemption of Certain Counties by the 28 Director. The Director shall exempt every policy insuring 29 residences, living units or commercial buildings located in 30 any county of 1,000,000 or more inhabitants or any county 31 contiguous to any such county, and, upon request of the Fund, 32 may exempt every policy insuring residences, living units or 33 commercial buildings located in any other specified county of SB745 Engrossed -791- LRB9101253EGfg 1 this State, from the provisions of Sectionparagraph805.1 of 2 this Article. 3 (Source: P.A. 88-379; revised 10-31-98.) 4 (215 ILCS 5/810.1) 5 Sec. 810.1. Reinsurance Agreements. All insurers shall 6 enter into a reinsurance agreement with the Fund. The 7 reinsurance agreement shall be filed with and approved by the 8 Director. The agreement shall provide that each insurer 9 shall cede 100% of any subsidence insurance written up to the 10 limits contained in Sectionparagraph805.1(c) to the Fund 11 and, in consideration of the ceding commission retained by 12 the insurer, agrees to distribute informational publications 13 provided by the Fund on a schedule set by the Fund, undertake 14 adjustment of losses, payment of taxes, and all other 15 expenses of the insurer necessary for sale of policies and 16 administration of the mine subsidence insurance coverage. 17 The Fund shall agree to reimburse the insurer for all amounts 18 reasonably and properly paid policyholders from claims 19 resulting from mine subsidence and for expenses specified in 20 the reinsurance agreement. In addition, the reinsurance 21 agreement may contain, and may authorize the Fund to 22 establish and promulgate deductibles. The reinsurance 23 agreement may also contain reasonable rules and procedures 24 covering insurer documentation of losses; insurer reporting 25 of claims, reports of litigation, premiums and loss payments; 26 loss payment review by the Fund; remitting of premiums to the 27 Fund; underwriting; and cause and origin investigations; and 28 procedures for resolving disputes between the insurers and 29 the Fund. 30 (Source: P.A. 90-655, eff. 7-30-98; revised 10-31-98.) 31 (215 ILCS 5/1202) (from Ch. 73, par. 1065.902) 32 Sec. 1202. Duties. The Director shall: SB745 Engrossed -792- LRB9101253EGfg 1 (a) determine the relationship of insurance premiums and 2 related income as compared to insurance costs and expenses 3 and provide such information to the General Assembly and the 4 general public; 5 (b) study the insurance system in the State of Illinois, 6 and recommend to the General Assembly what it deems to be the 7 most appropriate and comprehensive cost containment system 8 for the State; 9 (c) respond to the requests by agencies of government 10 and the General Assembly for special studies and analysis of 11 data collected pursuant to this Article. Such reports shall 12 be made available in a form prescribed by the Director. The 13 Director may also determine a fee to be charged to the 14 requesting agency to cover the direct and indirect costs for 15 producing such a report, and shall permit affected insurers 16 the right to review the accuracyaccurancyof the report 17 before it is released. The fees shall be deposited into the 18 Statistical Services Revolving Fund and credited to the 19 account of the Department of Insurance; 20 (d) make an interim report to the General Assembly no 21 later than August 15, 1987, and a annual report to the 22 General Assembly no later than April 15 every year thereafter 23 which shall include the Director's findings and 24 recommendations regarding its duties as provided under 25 subsections (a), (b), and (c) of this Section. 26 (Source: P.A. 84-1431; revised 10-31-98.) 27 (215 ILCS 5/1204) (from Ch. 73, par. 1065.904) 28 Sec. 1204. (A) The Director shall promulgate rules and 29 regulations which shall require each insurer licensed to 30 write property or casualty insurance in the State and each 31 syndicate doing business on the Illinois Insurance Exchange 32 to record and report its loss and expense experience and 33 other data as may be necessary to assess the relationship of SB745 Engrossed -793- LRB9101253EGfg 1 insurance premiums and related income as compared to 2 insurance costs and expenses. The Director may designate one 3 or more rate service organizations or advisory organizations 4 to gather and compile such experience and data. The Director 5 shall require each insurer licensed to write property or 6 casualty insurance in this State and each syndicate doing 7 business on the Illinois Insurance Exchange to submit a 8 report, on a form furnished by the Director, showing its 9 direct writings in this State and companywide. 10 (B) Such report required by subsection (A) of this 11 Section may include, but not be limited to, the following 12 specific types of insurance written by such insurer: 13 (1) Political subdivision liability insurance 14 reported separately in the following categories: 15 (a) municipalities; 16 (b) school districts; 17 (c) other political subdivisions;.18 (2) Public official liability insurance; 19 (3) Dram shop liability insurance; 20 (4) Day care center liability insurance; 21 (5) Labor, fraternal or religious organizations 22 liability insurance; 23 (6) Errors and omissions liability insurance; 24 (7) Officers and directors liability insurance 25 reported separately as follows: 26 (a) non-profit entities; 27 (b) for-profit entities; 28 (8) Products liability insurance; 29 (9) Medical malpractice insurance; 30 (10) Attorney malpractice insurance; 31 (11) Architects and engineers malpractice 32 insurance; and 33 (12) Motor vehicle insurance reported separately 34 for commercial and private passenger vehicles as follows: SB745 Engrossed -794- LRB9101253EGfg 1 (a) motor vehicle physical damage insurance; 2 (b) motor vehicle liability insurance.;3 (C) Such report may include, but need not be limited to 4 the following data, both specific to this State and 5 companywide, in the aggregate or by type of insurance for the 6 previous year on a calendar year basis: 7 (1) Direct premiums written; 8 (2) Direct premiums earned; 9 (3) Number of policies; 10 (4) Net investment income, using appropriate 11 estimates where necessary; 12 (5) Losses paid; 13 (6) Losses incurred; 14 (7) Loss reserves: 15 (a) Losses unpaid on reported claims; 16 (b) Losses unpaid on incurred but not reported 17 claims; 18 (8) Number of claims: 19 (a) Paid claims; 20 (b) Arising claims; 21 (9) Loss adjustment expenses: 22 (a) Allocated loss adjustment expenses; 23 (b) Unallocated loss adjustment expenses; 24 (10) Net underwriting gain or loss; 25 (11) Net operation gain or loss, including net 26 investment income; 27 (12) Any other information requested by the 28 Director. 29 (D) In addition to the information which may be 30 requested under subsection (C), the Director may also request 31 on a companywide, aggregate basis, Federal Income Tax 32 recoverable, net realized capital gain or loss, net 33 unrealized capital gain or loss, and all other expenses not 34 requested in subsection (C) above. SB745 Engrossed -795- LRB9101253EGfg 1 (E) Violations - Suspensions - Revocations. 2 (1) Any company or person subject to this Article, 3 who willfully or repeatedly fails to observe or who 4 otherwise violates any of the provisions of this Article 5 or any rule or regulation promulgated by the Director 6 under authority of this Article or any final order of the 7 Director entered under the authority of this Article 8 shall by civil penalty forfeit to the State of Illinois a 9 sum not to exceed $1,000. Each day during which a 10 violation occurs constitutes a separate offense. 11 (2) No forfeiture liability under paragraph (1) of 12 this subsection may attach unless a written notice of 13 apparent liability has been issued by the Director and 14 received by the respondent, or the Director sends written 15 notice of apparent liability by registered or certified 16 mail, return receipt requested, to the last known address 17 of the respondent. Any respondent so notified must be 18 granted an opportunity to request a hearing within 10 19 days from receipt of notice, or to show in writing, why 20 he should not be held liable. A notice issued under this 21 Section must set forth the date, facts and nature of the 22 act or omission with which the respondent is charged and 23 must specifically identify the particular provision of 24 this Article, rule, regulation or order of which a 25 violation is charged. 26 (3) No forfeiture liability under paragraph (1) of 27 this subsection may attach for any violation occurring 28 more than 2 years prior to the date of issuance of the 29 notice of apparent liability and in no event may the 30 total civil penalty forfeiture imposed for the acts or 31 omissions set forth in any one notice of apparent 32 liability exceed $50,000. 33 (4) All administrative hearings conducted pursuant 34 to this Article are subject to 50 Ill. Adm. Code 2402 and SB745 Engrossed -796- LRB9101253EGfg 1 all administrative hearings are subject to the 2 Administrative Review Law. 3 (5) The civil penalty forfeitures provided for in 4 this Section are payable to the General Revenue Fund of 5 the State of Illinois, and may be recovered in a civil 6 suit in the name of the State of Illinois brought in the 7 Circuit Court in Sangamon County or in the Circuit Court 8 of the county where the respondent is domiciled or has 9 its principal operating office. 10 (6) In any case where the Director issues a notice 11 of apparent liability looking toward the imposition of a 12 civil penalty forfeiture under this Section that fact may 13 not be used in any other proceeding before the Director 14 to the prejudice of the respondent to whom the notice was 15 issued, unless (a) the civil penalty forfeiture has been 16 paid, or (b) a court has ordered payment of the civil 17 penalty forfeiture and that order has become final. 18 (7) When any person or company has a license or 19 certificate of authority under this Code and knowingly 20 fails or refuses to comply with a lawful order of the 21 Director requiring compliance with this Article, entered 22 after notice and hearing, within the period of time 23 specified in the order, the Director may, in addition to 24 any other penalty or authority provided, revoke or refuse 25 to renew the license or certificate of authority of such 26 person or company, or may suspend the license or 27 certificate of authority of such person or company until 28 compliance with such order has been obtained. 29 (8) When any person or company has a license or 30 certificate of authority under this Code and knowingly 31 fails or refuses to comply with any provisions of this 32 Article, the Director may, after notice and hearing, in 33 addition to any other penalty provided, revoke or refuse 34 to renew the license or certificate of authority of such SB745 Engrossed -797- LRB9101253EGfg 1 person or company, or may suspend the license or 2 certificate of authority of such person or company, until 3 compliance with such provision of this Article has been 4 obtained. 5 (9) No suspension or revocation under this Section 6 may become effective until 5 days from the date that the 7 notice of suspension or revocation has been personally 8 delivered or delivered by registered or certified mail to 9 the company or person. A suspension or revocation under 10 this Section is stayed upon the filing, by the company or 11 person, of a petition for judicial review under the 12 Administrative Review Law. 13 (Source: P.A. 88-313; revised 10-31-98.) 14 Section 118. The Illinois Health Insurance Portability 15 and Accountability Act is amended by changing Section 35 as 16 follows: 17 (215 ILCS 97/35) 18 Sec. 35. Disclosure of Information. 19 (A) Disclosure of information by health plan issuers. 20 In connection with the offering of any health insurance 21 coverage to a small employer, a health insurance issuer: 22 (1) shall make a reasonable disclosure to such 23 employer, as part of its solicitation and sales 24 materials, of the availability of information described 25 in subsection (B), and 26 (2) shall, upon request of such a small employer, 27 provide such information. 28 (B) Information described. 29 (1) In general. Subject to paragraph (3), with 30 respect to a health insurance issuer offering health 31 insurance coverage to a small employer, information 32 described in this subsection is information concerning: SB745 Engrossed -798- LRB9101253EGfg 1 (a) the provisions of such coverage concerning 2 issuer's right to change premium rates and the 3 factors that may affect changes in premium rates; 4 (b) the provisions of such coverage relating 5 to renewability of coverage; 6 (c) the provisions of such coverage relating 7 to any pre-existing condition exclusion; and 8 (d) the benefits and premiums available under 9 all health insurance coverage for which the employer 10 is qualified. 11 (2) Form of information. Information under this 12 subsection shall be provided to small employers in a 13 manner determined to be understandable by the average 14 small employer, and shall be sufficient to reasonably 15 inform small employers of their rights and obligations 16 under the health insurance coverage. 17 (3) Exception. An issuer is not required under 18 this Section to disclose any information that is 19 proprietary and trade secret information under applicable 20 law. 21 (Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.) 22 Section 119. The Comprehensive Health Insurance Plan Act 23 is amended by changing Sections 2, 4, and 5 as follows: 24 (215 ILCS 105/2) (from Ch. 73, par. 1302) 25 Sec. 2. Definitions. As used in this Act, unless the 26 context otherwise requires: 27 "Plan administrator" means the insurer or third party 28 administrator designated under Section 5 of this Act. 29 "Benefits plan" means the coverage to be offered by the 30 Plan to eligible persons and federally eligible individuals 31 pursuant to this Act. 32 "Board" means the Illinois Comprehensive Health Insurance SB745 Engrossed -799- LRB9101253EGfg 1 Board. 2 "Church plan" has the same meaning given that term in the 3 federal Health Insurance Portability and Accountability Act 4 of 1996. 5 "Continuation coverage" means continuation of coverage 6 under a group health plan or other health insurance coverage 7 for former employees or dependents of former employees that 8 would otherwise have terminated under the terms of that 9 coverage pursuant to any continuation provisions under 10 federal or State law, including the Consolidated Omnibus 11 Budget Reconciliation Act of 1985 (COBRA), as amended, 12 Sections 367.2 and 367e of the Illinois Insurance Code, or 13 any other similar requirement in another State. 14 "Covered person" means a person who is and continues to 15 remain eligible for Plan coverage and is covered under one of 16 the benefit plans offered by the Plan. 17 "Creditable coverage" means, with respect to a federally 18 eligible individual, coverage of the individual under any of 19 the following: 20 (A) A group health plan. 21 (B) Health insurance coverage (including group 22 health insurance coverage). 23 (C) Medicare. 24 (D) Medical assistance. 25 (E) Chapter 55 of title 10, United States Code. 26 (F) A medical care program of the Indian Health 27 Service or of a tribal organization. 28 (G) A state health benefits risk pool. 29 (H) A health plan offered under Chapter 89 of title 30 5, United States Code. 31 (I) A public health plan (as defined in regulations 32 consistent with Section 104 of the Health Care 33 Portability and Accountability Act of 1996 that may be 34 promulgated by the Secretary of the U.S. Department of SB745 Engrossed -800- LRB9101253EGfg 1 Health and Human Services). 2 (J) A health benefit plan under Section 5(e) of the 3 Peace Corps Act (22 U.S.C. 2504(e)). 4 (K) Any other qualifying coverage required by the 5 federal Health Insurance Portability and Accountability 6 Act of 1996, as it may be amended, or regulations under 7 that Act. 8 "Creditable coverage" does not include coverage 9 consisting solely of coverage of excepted benefits (as 10 defined in Section 2791(c) of title XXVII of the Public 11 Health Service Act (42 U.S.C. 300 gg-91) nor does it include 12 any period of coverage under any of items (A) through (K) 13 that occurred before a break of more than 63 days during all 14 of which the individual was not covered under any of items 15 (A) through (K) above. Any period that an individual is in a 16 waiting period for any coverage under a group health plan (or 17 for group health insurance coverage) or is in an affiliation 18 period under the terms of health insurance coverage offered 19 by a health maintenance organization shall not be taken into 20 account in determining if there has been a break of more than 21 63 days in any credible coverage. 22 "Department" means the Illinois Department of Insurance. 23 "Dependent" means an Illinois resident: who is a spouse; 24 or who is claimed as a dependent by the principal insured for 25 purposes of filing a federal income tax return and resides in 26 the principal insured's household, and is a resident 27 unmarried child under the age of 19 years; or who is an 28 unmarried child who also is a full-time student under the age 29 of 23 years and who is financially dependent upon the 30 principal insured; or who is a child of any age and who is 31 disabled and financially dependent upon the principal 32 insured. 33 "Direct Illinois premiums" means, for Illinois business, 34 an insurer's direct premium income for the kinds of business SB745 Engrossed -801- LRB9101253EGfg 1 described in clause (b) of Class 1 or clause (a) of Class 2 2 of Section 4 of the Illinois Insurance Code, and direct 3 premium income of a health maintenance organization or a 4 voluntary health services plan, except it shall not include 5 credit health insurance as defined in Article IX 1/2 of the 6 Illinois Insurance Code. 7 "Director" means the Director of the Illinois Department 8 of Insurance. 9 "Eligible person" means a resident of this State who 10 qualifies for Plan coverage under Section 7 of this Act. 11 "Employee" means a resident of this State who is employed 12 by an employer or has entered into the employment of or works 13 under contract or service of an employer including the 14 officers, managers and employees of subsidiary or affiliated 15 corporations and the individual proprietors, partners and 16 employees of affiliated individuals and firms when the 17 business of the subsidiary or affiliated corporations, firms 18 or individuals is controlled by a common employer through 19 stock ownership, contract, or otherwise. 20 "Employer" means any individual, partnership, 21 association, corporation, business trust, or any person or 22 group of persons acting directly or indirectly in the 23 interest of an employer in relation to an employee, for which 24 one or more persons is gainfully employed. 25 "Family" coverage means the coverage provided by the Plan 26 for the covered person and his or her eligible dependents who 27 also are covered persons. 28 "Federally eligible individual" means an individual 29 resident of this State: 30 (1)(A) for whom, as of the date on which the 31 individual seeks Plan coverage under Section 15 of this 32 Act, the aggregate of the periods of creditable coverage 33 is 18 or more months, and (B) whose most recent prior 34 creditable coverage was under group health insurance SB745 Engrossed -802- LRB9101253EGfg 1 coverage offered by a health insurance issuer, a group 2 health plan, a governmental plan, or a church plan (or 3 health insurance coverage offered in connection with any 4 such plans) or any other type of creditable coverage that 5 may be required by the federal Health Insurance 6 Portability and Accountability Act of 1996, as it may be 7 amended, or the regulations under that Act; 8 (2) who is not eligible for coverage under (A) a 9 group health plan, (B) part A or part B of Medicare, or 10 (C) medical assistance, and does not have other health 11 insurance coverage; 12 (3) with respect to whom the most recent coverage 13 within the coverage period described in paragraph (1)(A) 14 of this definition was not terminated based upon a factor 15 relating to nonpayment of premiums or fraud; 16 (4) if the individual had been offered the option 17 of continuation coverage under a COBRA continuation 18 provision or under a similar State program, who elected 19 such coverage; and 20 (5) who, if the individual elected such 21 continuation coverage, has exhausted such continuation 22 coverage under such provision or program. 23 "Group health plan" has the same meaning given that term 24 in the federal Health Insurance Portability and 25 Accountability Act of 1996. 26 "Governmental plan" has the same meaning given that term 27 in the federal Health Insurance Portability and 28 Accountability Act of 1996. 29 "Health insurance" means any hospital and medical 30 expense-incurred policy, certificate, or contract provided by 31 an insurer, non-profit health care service plan contract, 32 health maintenance organization or other subscriber contract, 33 or any other health care plan or arrangement that pays for or 34 furnishes medical or health care services whether by SB745 Engrossed -803- LRB9101253EGfg 1 insurance or otherwise. Health insurance shall not include 2 short term, accident only, disability income, hospital 3 confinement or fixed indemnity, dental only, vision only, 4 limited benefit, or credit insurance, coverage issued as a 5 supplement to liability insurance, insurance arising out of a 6 workers' compensation or similar law, automobile 7 medical-payment insurance, or insurance under which benefits 8 are payable with or without regard to fault and which is 9 statutorily required to be contained in any liability 10 insurance policy or equivalent self-insurance. 11 "Health insurance coverage" means benefits consisting of 12 medical care (provided directly, through insurance or 13 reimbursement, or otherwise and including items and services 14 paid for as medical care) under any hospital or medical 15 service policy or certificate, hospital or medical service 16 plan contract, or health maintenance organization contract 17 offered by a health insurance issuer. 18 "Health insurance issuer" means an insurance company, 19 insurance service, or insurance organization (including a 20 health maintenance organization and a voluntary health 21 services plan) that is authorized to transact health 22 insurance business in this State. Such term does not include 23 a group health plan. 24 "Health Maintenance Organization" means an organization 25 as defined in the Health Maintenance Organization Act. 26 "Hospice" means a program as defined in and licensed 27 under the Hospice Program Licensing Act. 28 "Hospital" means a duly licensed institution as defined 29 in the Hospital Licensing Act, an institution that meets all 30 comparable conditions and requirements in effect in the state 31 in which it is located, or the University of Illinois 32 Hospital as defined in the University of Illinois Hospital 33 Act. 34 "Individual health insurance coverage" means health SB745 Engrossed -804- LRB9101253EGfg 1 insurance coverage offered to individuals in the individual 2 market, but does not include short-term, limited-duration 3 insurance. 4 "Insured" means any individual resident of this State who 5 is eligible to receive benefits from any insurer (including 6 health insurance coverage offered in connection with a group 7 health plan) or health insurance issuer as defined in this 8 Section. 9 "Insurer" means any insurance company authorized to 10 transact health insurance business in this State and any 11 corporation that provides medical services and is organized 12 under the Voluntary Health Services Plans Act or the Health 13 Maintenance Organization Act. 14 "Medical assistance" means the State medical assistance 15 or medical assistance no grant (MANG) programs provided under 16 Title XIX of the Social Security Act and Articles V (Medical 17 Assistance) and VI (General Assistance) of the Illinois 18 Public Aid Code (or any successor program) or under any 19 similar program of health care benefits in a state other than 20 Illinois. 21 "Medically necessary" means that a service, drug, or 22 supply is necessary and appropriate for the diagnosis or 23 treatment of an illness or injury in accord with generally 24 accepted standards of medical practice at the time the 25 service, drug, or supply is provided. When specifically 26 applied to a confinement it further means that the diagnosis 27 or treatment of the covered person's medical symptoms or 28 condition cannot be safely provided to that person as an 29 outpatient. A service, drug, or supply shall not be medically 30 necessary if it: (i) is investigational, experimental, or for 31 research purposes; or (ii) is provided solely for the 32 convenience of the patient, the patient's family, physician, 33 hospital, or any other provider; or (iii) exceeds in scope, 34 duration, or intensity that level of care that is needed to SB745 Engrossed -805- LRB9101253EGfg 1 provide safe, adequate, and appropriate diagnosis or 2 treatment; or (iv) could have been omitted without adversely 3 affecting the covered person's condition or the quality of 4 medical care; or (v) involves the use of a medical device, 5 drug, or substance not formally approved by the United States 6 Food and Drug Administration. 7 "Medical care" means the ordinary and usual professional 8 services rendered by a physician or other specified provider 9 during a professional visit for treatment of an illness or 10 injury. 11 "Medicare" means coverage under both Part A and Part B of 12 Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395, 13 et seq..14 "Minimum premium plan" means an arrangement whereby a 15 specified amount of health care claims is self-funded, but 16 the insurance company assumes the risk that claims will 17 exceed that amount. 18 "Participating transplant center" means a hospital 19 designated by the Board as a preferred or exclusive provider 20 of services for one or more specified human organ or tissue 21 transplants for which the hospital has signed an agreement 22 with the Board to accept a transplant payment allowance for 23 all expenses related to the transplant during a transplant 24 benefit period. 25 "Physician" means a person licensed to practice medicine 26 pursuant to the Medical Practice Act of 1987. 27 "Plan" means the Comprehensive Health Insurance Plan 28 established by this Act. 29 "Plan of operation" means the plan of operation of the 30 Plan, including articles, bylaws and operating rules, adopted 31 by the board pursuant to this Act. 32 "Provider" means any hospital, skilled nursing facility, 33 hospice, home health agency, physician, registered pharmacist 34 acting within the scope of that registration, or any other SB745 Engrossed -806- LRB9101253EGfg 1 person or entity licensed in Illinois to furnish medical 2 care. 3 "Qualified high risk pool" has the same meaning given 4 that term in the federal Health Insurance Portability and 5 Accountability Act of 1996. 6 "Resident eligible person" means a person who has been 7 legally domiciled in this State for a period of at least 180 8 days and continues to be domiciled in this State. 9 "Skilled nursing facility" means a facility or that 10 portion of a facility that is licensed by the Illinois 11 Department of Public Health under the Nursing Home Care Act 12 or a comparable licensing authority in another state to 13 provide skilled nursing care. 14 "Stop-loss coverage" means an arrangement whereby an 15 insurer insures against the risk that any one claim will 16 exceed a specific dollar amount or that the entire loss of a 17 self-insurance plan will exceed a specific amount. 18 "Third party administrator" means an administrator as 19 defined in Section 511.101 of the Illinois Insurance Code who 20 is licensed under Article XXXI 1/4 of that Code. 21 (Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.) 22 (215 ILCS 105/4) (from Ch. 73, par. 1304) 23 Sec. 4. Powers and authority of the board. The board 24 shall have the general powers and authority granted under the 25 laws of this State to insurance companies licensed to 26 transact health and accident insurance and in addition 27 thereto, the specific authority to: 28 a. Enter into contracts as are necessary or proper to 29 carry out the provisions and purposes of this Act, including 30 the authority, with the approval of the Director, to enter 31 into contracts with similar plans of other states for the 32 joint performance of common administrative functions, or with 33 persons or other organizations for the performance of SB745 Engrossed -807- LRB9101253EGfg 1 administrative functions including, without limitation, 2 utilization review and quality assurance programs, or with 3 health maintenance organizations or preferred provider 4 organizations for the provision of health care services. 5 b. Sue or be sued, including taking any legal actions 6 necessary or proper. 7 c. Take such legal action as necessary to: 8 (1) avoid the payment of improper claims against 9 the plan or the coverage provided by or through the plan; 10 (2) to recover any amounts erroneously or 11 improperly paid by the plan;or12 (3) to recover any amounts paid by the plan as a 13 result of a mistake of fact or law; or 14 (4) to recover or collect any other amounts, 15 including assessments, that are due or owed the Plan or 16 have been billed on its or the Plan's behalf. 17 d. Establish appropriate rates, rate schedules, rate 18 adjustments, expense allowances, agents' referral fees, claim 19 reserves, and formulas and any other actuarial function 20 appropriate to the operation of the plan. Rates and rate 21 schedules may be adjusted for appropriate risk factors such 22 as age and area variation in claim costs and shall take into 23 consideration appropriate risk factors in accordance with 24 established actuarial and underwriting practices. 25 e. Issue policies of insurance in accordance with the 26 requirements of this Act. 27 f. Appoint appropriate legal, actuarial and other 28 committees as necessary to provide technical assistance in 29 the operation of the plan, policy and other contract design, 30 and any other function within the authority of the plan. 31 g. Borrow money to effect the purposes of the Illinois 32 Comprehensive Health Insurance Plan. Any notes or other 33 evidence of indebtedness of the plan not in default shall be 34 legal investments for insurers and may be carried as admitted SB745 Engrossed -808- LRB9101253EGfg 1 assets. 2 h. Establish rules, conditions and procedures for 3 reinsuring risks under this Act. 4 i. Employ and fix the compensation of employees. Such 5 employees may be paid on a warrant issued by the State 6 Treasurer pursuant to a payroll voucher certified by the 7 Board and drawn by the Comptroller against appropriations or 8 trust funds held by the State Treasurer. 9 j. Enter into intergovernmental cooperation agreements 10 with other agencies or entities of State government for the 11 purpose of sharing the cost of providing health care services 12 that are otherwise authorized by this Act for children who 13 are both plan participants and eligible for financial 14 assistance from the Division of Specialized Care for Children 15 of the University of Illinois. 16 k. Establish conditions and procedures under which the 17 plan may, if funds permit, discount or subsidize premium 18 rates that are paid directly by senior citizens, as defined 19 by the Board, and other plan participants, who are retired or 20 unemployed and meet other qualifications. 21 l. Establish and maintain the Plan Fund authorized in 22 Section 3 of this Act, which shall be divided into separate 23 accounts, as follows: 24 (1) accounts to fund the administrative, claim, and 25 other expenses of the Plan associated with eligible 26 persons who qualify for Plan coverage under Section 7 of 27 this Act, which shall consist of: 28 (A) premiums paid on behalf of covered 29 persons; 30 (B) appropriated funds and other revenues 31 collected or received by the Board; 32 (C) reserves for future losses maintained by 33 the Board; and 34 (D) interest earnings from investment of the SB745 Engrossed -809- LRB9101253EGfg 1 funds in the Plan Fund or any of its accounts other 2 than the funds in the account established under item 3 2 of this subsection;.4 (2) an account, to be denominated the federally 5 eligible individuals account, to fund the administrative, 6 claim, and other expenses of the Plan associated with 7 federally eligible individuals who qualify for Plan 8 coverage under Section 15 of this Act, which shall 9 consist of: 10 (A) premiums paid on behalf of covered 11 persons; 12 (B) assessments and other revenues collected 13 or received by the Board; 14 (C) reserves for future losses maintained by 15 the Board; and 16 (D) interest earnings from investment of the 17 federally eligible individuals account funds; and 18 (3) such other accounts as may be appropriate. 19 m. Charge and collect assessments paid by insurers 20 pursuant to Section 12 of this Act and recover any 21 assessments for, on behalf of, or against those insurers. 22 (Source: P.A. 89-628, eff. 8-9-96; 90-30, eff. 7-1-97; 23 revised 10-31-98.) 24 (215 ILCS 105/5) (from Ch. 73, par. 1305) 25 Sec. 5. Plan administrator. 26 a. The board shall select a plan administrator through a 27 competitive bidding process to administer the plan. The 28 board shall evaluate bids submitted under this Section based 29 on criteria established by the board which shall include: 30 (1) The plan administrator's proven ability to 31 handle other large group accident and health benefit 32 plans. 33 (2) The efficiency and timeliness of the plan SB745 Engrossed -810- LRB9101253EGfg 1 administrator's claim processing procedures. 2 (3) An estimate of total net cost for administering 3 the plan, including any discounts or income the Plan 4 could expect to receive or benefit from. 5 (4) The plan administrator's ability to apply 6 effective cost containment programs and procedures and to 7 administer the plan in a cost-efficient manner. 8 (5) The financial condition and stability of the 9 plan administrator. 10 b. The plan administrator shall serve for a period of 5 11 years subject to removal for cause and subject to the terms, 12 conditions and limitations of the contract between the board 13 and the plan administrator. At least one year prior to the 14 expiration of each 5 year period of service by the current 15 plan administrator, the board shall begin to advertise for 16 bids to serve as the plan administrator for the succeeding 5 17 year period. Selection of the plan administrator for the 18 succeeding period shall be made at least 6 months prior to 19 the end of the current 5 year period. 20 c. The plan administrator shall perform such functions 21 relating to the plan as may be assigned to it including: 22 (1) establishment of a premium billing procedure 23 for collection of premiums from plan participants. 24 Billings shall be made on a periodic basis as determined 25 by the board; 26 (2) payment and processing of claims and various 27 cost containment functions; and 28 (3) other functions to assure timely payment of 29 benefits to participants under the plan, including: 30 (a) making available information relating to 31 the proper manner of submitting a claim for benefits 32 under the plan and distributing forms upon which 33 submissions shall be made, and.34 (b) evaluating the eligibility of each claim SB745 Engrossed -811- LRB9101253EGfg 1 for payment under the plan. 2(c)The plan administrator shall be governed by the 3 requirements of Part 919 of Title 50 of the Illinois 4 Administrative Code, promulgated by the Department of 5 Insurance, regarding the handling of claims under this Act. 6 d. The plan administrator shall submit regular reports 7 to the board regarding the operation of the plan. The 8 frequency, content and form of the report shall be as 9 determined by the board. 10 e. The plan administrator shall pay or be reimbursed for 11 claims expenses from the premium payments received from or on 12 behalf of plan participants. If the plan administrator's 13 payments or reimbursements for claims expenses exceed the 14 portion of premiums allocated by the board for payment of 15 claims expenses, the board shall provide additional funds to 16 the plan administrator for payment or reimbursement of such 17 claims expenses. 18 f. The plan administrator shall be paid as provided in 19 the contract between the Board and the plan administrator. 20 (Source: P.A. 90-30, eff. 7-1-97; 90-567, eff. 1-23-98; 21 revised 2-16-98.) 22 Section 120. The Health Maintenance Organization Act is 23 amended by changing Sections 1-3, 2-7, 4-4, and 5-3 as 24 follows: 25 (215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1) 26 Sec. 1-3. Definitions of admitted assets. "Admitted 27 Assets" includes the investments authorized or permitted by 28 Section 3-1 of this Act and, in addition thereto, only the 29 following: 30 (a) Petty cash and other cash funds in the 31 organization's principal or any official branch office and 32 under the control of the organization. SB745 Engrossed -812- LRB9101253EGfg 1 (b) Immediately withdrawable funds on deposit in demand 2 accounts, in a bank or trust company as defined in paragraph 3 (3) of subsection (g) of Section 3-1 or like funds actually 4 in the principal or any official branch office at statement 5 date, and, in transit to such bank or trust company with 6 authentic deposit credit given prior to the close of business 7 on the fifth bank working day following the statement date. 8 (c) The amount fairly estimated as recoverable on cash 9 deposited in a closed bank or trust company, if qualifying 10 under the provisions of this SectionSec.prior to the 11 suspension of such bank or trust company. 12 (d) Bills and accounts receivable collateralized by 13 securities of the kind in which the organization is 14 authorized to invest. 15 (e) Premiums receivable from groups or individuals which 16 are not more than 60 days past due. Premiums receivable from 17 the United States, any state thereof or any political 18 subdivision of either which is not more than 90 days past 19 due. 20 (f) Amounts due under insurance policies or reinsurance 21 arrangements from insurance companies authorized to do 22 business in this State. 23 (g) Tax refunds due from the United States, any state or 24 any political subdivision thereof. 25 (h) The interest accrued on mortgage loans conforming to 26 Section 3-1 of this Act, not exceeding in aggregate amount on 27 an individual loan of one year's total due and accrued 28 interest. 29 (i) The rents accrued and owing to the organization on 30 real and personal property, directly or beneficially owned, 31 not exceeding on each individual property the amount of one 32 year's total due and accrued rent. 33 (j) Interest or rents accrued on conditional sales 34 agreements, security interests, chattel mortgages and real or SB745 Engrossed -813- LRB9101253EGfg 1 personal property under lease to other corporations, all 2 conforming to Section 3-1 of this Act, and not exceeding on 3 any individual investment, the amount of one year's total due 4 and accrued interest or rent. 5 (k) The fixed and required interest due and accrued on 6 bonds and other like evidences of indebtedness, conforming to 7 Section 3-1 of this Act, and not in default. 8 (l) Dividends receivable on shares of stock conforming 9 to Section 3-1 of this Act; provided that the market price 10 taken for valuation purposes does not include the value of 11 the dividend. 12 (m) The interest or dividends due and payable, but not 13 credited, on deposits in banks and trust companies or on 14 accounts with savings and loan associations. 15 (n) Interest accrued on secured loans conforming to this 16 Act, not exceeding the amount of one year's interest on any 17 loan. 18 (o) Interest accrued on tax anticipation warrants. 19 (p) The amortized value of electronic computer or data 20 processing machines or systems purchased for use in 21 connection with the business of the organization, including 22 software purchased and developed specifically for the 23 organization's use and purposes. 24 (q) The cost of furniture, equipment and medical 25 equipment, less accumulated depreciation thereon, and 26 medical and pharmaceutical supplies that are used in the 27 delivery of health care and under the control of the 28 organization, provided such assets do not exceed 30% of 29 admitted assets. 30 (r) Amounts due from affiliates pursuant to management 31 contracts or service agreements which meet the requirements 32 of Section 141.1 of the Illinois Insurance Code to the extent 33 that the affiliate has liquid assets with which to pay the 34 balance and maintain its accounts on a current basis; SB745 Engrossed -814- LRB9101253EGfg 1 provided that the aggregate amount due from affiliates may 2 not exceed the lesser of 10% of the organization's admitted 3 assets or 25% of the organization's net worth as defined in 4 Section 3-1. Any amount outstanding more than 3 months shall 5 be deemed not current. For purpose of this subsection 6 "affiliates" are as defined in Article VIII 1/2 of the 7 Illinois Insurance Code. 8 (s) Intangible assets, including, but not limited to, 9 organization goodwill and purchased goodwill, to the extent 10 reported in the most recent annual or quarterly financial 11 statement filed with the Director preceding the effective 12 date of this Amendatory Act of 1987. However, such assets 13 shall be amortized, by the straight-line method, to a value 14 of zero no later than December 31, 1990; provided, however, 15 that no organization shall be required pursuant to the 16 foregoing provision to amortize such assets in an amount 17 greater than $300,000 in any one year, and in cases where 18 amortization of such assets by December 31, 1990 would 19 otherwise require amortization of an annual amount in excess 20 of $300,000, the organization shall be required only to 21 amortize such assets at a rate of $300,000 per year until all 22 such assets have been amortized to a value of zero, unless 23 the continuation of the current amortization schedule would 24 result in an earlier zero value, in which case the current 25 amortization schedule shall be applied. 26 (t) Amounts due from patients or enrollees for health 27 care services rendered which are not more than 60 days past 28 due. 29 (u) Amounts advanced to providers under contract to the 30 organization for services to be rendered to enrollees 31 pursuant to the contract. Amounts advanced must be for 32 period of not more than 3 months and must be based on 33 historical or estimated utilization patterns with the 34 provider and must be reconciled against actual incurred SB745 Engrossed -815- LRB9101253EGfg 1 claims at least semi-annually. Amounts due in the aggregate 2 may not exceed 50% of the organization's net worth as defined 3 in Section 3-1. Amounts due from a single provider may not 4 exceed the lesser of 5% of the organization's admitted assets 5 or 10% of the organization's net worth. 6 (v) Cost reimbursement due from the Health Care 7 Financing Administration for furnishing covered medicare 8 services to medicare enrollees which are not more than twelve 9 months past due. 10 (w) Prepaid rent or lease payments no greater than 3 11 months in advance, on real property used for the 12 administration of the organizations business or for the 13 delivery of medical care. 14 (Source: P.A. 88-364; revised 10-31-98.) 15 (215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407) 16 Sec. 2-7. Annual statement; audited financial reports; 17 enrollment projections and budget; filings. 18 (a) Every Health Maintenance Organization shall 19 annually, on or before the first day of March, file 2 20 original copies of its annual statement with the Director 21 verified by at least two principal officers, covering the two 22 preceding calendar years. Such annual statement shall be on 23 forms prescribed by the Director and shall include: (1) 24 financial statements of the organization; (2) the number of 25 persons enrolled during the year, the number of enrollees at 26 the end of the year and the number of enrollments terminated 27 during the year; and (3) such other information relating to 28 the performance of the Health Maintenance Organization as is 29 necessary to enable the Director to carry out his duties 30 under this Act. 31 Any organization failing, without just cause, to file its 32 annual statement as required in this Act shall be required, 33 after notice and hearing, to pay a penalty of $100 for each SB745 Engrossed -816- LRB9101253EGfg 1 day's delay, to be recovered by the Director of Insurance of 2 the State of Illinois and the penalty so recovered shall be 3 paid into the General Revenue Fund of the State of Illinois. 4 The Director may reduce the penalty if the company 5 demonstrates to the Director that the imposition of the 6 penalty would constitute a financial hardship to the 7 organization. 8 An annual statement which is not materially complete when 9 filed shall not be considered to have been properly filed 10 until those deficiencies which make the filing incomplete 11 have been corrected and filedfile. 12 (b) Audited financial reports shall be filed on or 13 before June 1 of each year for the two calendar years 14 immediately preceding and shall provide an opinion expressed 15 by an independent certified public accountant on the 16 accompanying financial statement of the Health Maintenance 17 Organization and a detailed reconciliation for any 18 differences between the accompanying financial statements and 19 each of the related financial statements filed in accordance 20 with subsection (a) of this Section. Any organization 21 failing, without just cause, to file the annual audited 22 financial statement as required in this Act shall be 23 required, after the notice and hearing, to pay a penalty of 24 $100 for each day's delay, to be recovered by the Director of 25 Insurance of the State of Illinois and the penalty so 26 recovered shall be paid into the General Revenue Fund of the 27 State of Illinois. The Director may reduce the penalty if 28 the organization demonstrates to the Director that the 29 imposition of the penalty would constitute a financial 30 hardship to the organization. 31 (c) The Director may require that additional summary 32 financial information be filed no more often than 3 times per 33 year on reporting forms provided by him. However, he may 34 request certain key information on a more frequent basis if SB745 Engrossed -817- LRB9101253EGfg 1 necessary for a determination of the financial viability of 2 the organization. 3 (d) The Director shall have the authority to extend the 4 time for filing any statement by any organization for reasons 5 which the Director considers good and sufficient. 6 (Source: P.A. 85-20; revised 10-31-98.) 7 (215 ILCS 125/4-4) (from Ch. 111 1/2, par. 1408.4) 8 Sec. 4-4. Sexual assault or abuse victims; coverage of 9 expenses; recovery of State funds; reimbursement of 10 Department of Public Health. 11 (1) Contracts or evidences of coverage issued by a 12 health maintenance organization, which provide benefits for 13 health care services, shall to the full extent of coverage 14 provided for any other emergency or accident care, provide 15 for the payment of actual expenses incurred, without offset 16 or reduction for benefit deductibles or co-insurance amounts, 17 in the examination and testing of a victim of an offense 18 defined in Sections 12-13 through 12-16 of the Criminal Code 19 of 1961, as now or hereafter amended, or an attempt to commit 20 such offense, to establish that sexual contact did occur or 21 did not occur, and to establish the presence or absence of 22 sexually transmitted disease or infection, and examination 23 and treatment of injuries and trauma sustained by a victim of 24 such offense. 25 (2) For purposes of enabling the recovery of State 26 funds, any health maintenance organization subject to this 27 Section shall upon reasonable demand by the Department of 28 Public Health disclose the names and identities of its 29 enrollees entitled to benefits under this provision to the 30 Department of Public Health whenever the Department of Public 31 Health has determined that it has paid, or is about to pay 32 for, health care services for which a health maintenance 33 organization is liable under this Section. All information SB745 Engrossed -818- LRB9101253EGfg 1 received by the Department of Public Health under this 2 provision shall be held on a confidential basis and shall not 3 be subject to subpoena and shall not be made public by the 4 Department of Public Health or used for any purpose other 5 than that authorized by this Section. 6 (3) Whenever the Department of Public Health finds that 7 it has paid for all or part of any health care services for 8 which a health maintenance organization is obligated to pay 9 under this Section, the Department of Public Health shall be 10 entitled to receive reimbursement for its payments from such 11 organization provided that the Department of Public Health 12 has notified the organization of its claims before the 13 organization has paid such benefits to its enrollees or in 14 behalf of its enrollees. 15 (Source: P.A. 89-187, eff. 7-19-95; revised 2-25-98.) 16 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) 17 Sec. 5-3. Insurance Code provisions. 18 (a) Health Maintenance Organizations shall be subject to 19 the provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 20 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 21 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 22 367i, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, 23 and 444.1, paragraph (c) of subsection (2) of Section 367, 24 and Articles VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and 25 XXVI of the Illinois Insurance Code. 26 (b) For purposes of the Illinois Insurance Code, except 27 for Sections 444 and 444.1 and Articles XIII and XIII 1/2, 28 Health Maintenance Organizations in the following categories 29 are deemed to be "domestic companies": 30 (1) a corporation authorized under the Dental 31 Service Plan Act or the Voluntary Health Services Plans 32 Act; 33 (2) a corporation organized under the laws of this SB745 Engrossed -819- LRB9101253EGfg 1 State; or 2 (3) a corporation organized under the laws of 3 another state, 30% or more of the enrollees of which are 4 residents of this State, except a corporation subject to 5 substantially the same requirements in its state of 6 organization as is a "domestic company" under Article 7 VIII 1/2 of the Illinois Insurance Code. 8 (c) In considering the merger, consolidation, or other 9 acquisition of control of a Health Maintenance Organization 10 pursuant to Article VIII 1/2 of the Illinois Insurance Code, 11 (1) the Director shall give primary consideration 12 to the continuation of benefits to enrollees and the 13 financial conditions of the acquired Health Maintenance 14 Organization after the merger, consolidation, or other 15 acquisition of control takes effect; 16 (2)(i) the criteria specified in subsection (1)(b) 17 of Section 131.8 of the Illinois Insurance Code shall not 18 apply and (ii) the Director, in making his determination 19 with respect to the merger, consolidation, or other 20 acquisition of control, need not take into account the 21 effect on competition of the merger, consolidation, or 22 other acquisition of control; 23 (3) the Director shall have the power to require 24 the following information: 25 (A) certification by an independent actuary of 26 the adequacy of the reserves of the Health 27 Maintenance Organization sought to be acquired; 28 (B) pro forma financial statements reflecting 29 the combined balance sheets of the acquiring company 30 and the Health Maintenance Organization sought to be 31 acquired as of the end of the preceding year and as 32 of a date 90 days prior to the acquisition, as well 33 as pro forma financial statements reflecting 34 projected combined operation for a period of 2 SB745 Engrossed -820- LRB9101253EGfg 1 years; 2 (C) a pro forma business plan detailing an 3 acquiring party's plans with respect to the 4 operation of the Health Maintenance Organization 5 sought to be acquired for a period of not less than 6 3 years; and 7 (D) such other information as the Director 8 shall require. 9 (d) The provisions of Article VIII 1/2 of the Illinois 10 Insurance Code and this Section 5-3 shall apply to the sale 11 by any health maintenance organization of greater than 10% of 12 its enrollee population (including without limitation the 13 health maintenance organization's right, title, and interest 14 in and to its health care certificates). 15 (e) In considering any management contract or service 16 agreement subject to Section 141.1 of the Illinois Insurance 17 Code, the Director (i) shall, in addition to the criteria 18 specified in Section 141.2 of the Illinois Insurance Code, 19 take into account the effect of the management contract or 20 service agreement on the continuation of benefits to 21 enrollees and the financial condition of the health 22 maintenance organization to be managed or serviced, and (ii) 23 need not take into account the effect of the management 24 contract or service agreement on competition. 25 (f) Except for small employer groups as defined in the 26 Small Employer Rating, Renewability and Portability Health 27 Insurance Act and except for medicare supplement policies as 28 defined in Section 363 of the Illinois Insurance Code, a 29 Health Maintenance Organization may by contract agree with a 30 group or other enrollment unit to effect refunds or charge 31 additional premiums under the following terms and conditions: 32 (i) the amount of, and other terms and conditions 33 with respect to, the refund or additional premium are set 34 forth in the group or enrollment unit contract agreed in SB745 Engrossed -821- LRB9101253EGfg 1 advance of the period for which a refund is to be paid or 2 additional premium is to be charged (which period shall 3 not be less than one year); and 4 (ii) the amount of the refund or additional premium 5 shall not exceed 20% of the Health Maintenance 6 Organization's profitable or unprofitable experience with 7 respect to the group or other enrollment unit for the 8 period (and, for purposes of a refund or additional 9 premium, the profitable or unprofitable experience shall 10 be calculated taking into account a pro rata share of the 11 Health Maintenance Organization's administrative and 12 marketing expenses, but shall not include any refund to 13 be made or additional premium to be paid pursuant to this 14 subsection (f)). The Health Maintenance Organization and 15 the group or enrollment unit may agree that the 16 profitable or unprofitable experience may be calculated 17 taking into account the refund period and the immediately 18 preceding 2 plan years. 19 The Health Maintenance Organization shall include a 20 statement in the evidence of coverage issued to each enrollee 21 describing the possibility of a refund or additional premium, 22 and upon request of any group or enrollment unit, provide to 23 the group or enrollment unit a description of the method used 24 to calculate (1) the Health Maintenance Organization's 25 profitable experience with respect to the group or enrollment 26 unit and the resulting refund to the group or enrollment unit 27 or (2) the Health Maintenance Organization's unprofitable 28 experience with respect to the group or enrollment unit and 29 the resulting additional premium to be paid by the group or 30 enrollment unit. 31 In no event shall the Illinois Health Maintenance 32 Organization Guaranty Association be liable to pay any 33 contractual obligation of an insolvent organization to pay 34 any refund authorized under this Section. SB745 Engrossed -822- LRB9101253EGfg 1 (Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98; 2 90-177, eff. 7-23-97; 90-372, eff. 7-1-98; 90-583, eff. 3 5-29-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99; revised 4 9-8-98.) 5 Section 121. The Public Utilities Act is amended by 6 changing Sections 4-304, 4-501, 4-502, 7-102, 7-106, 9-241, 7 and 13-403 as follows: 8 (220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304) 9 Sec. 4-304. Beginning in 1986, the Commission shall 10 prepare an annual report which shall be filed by January 31 11 of each year with the Joint Committee on Legislative Support 12 Services of the General Assembly, the Public Counsel and the 13 Governor and which shall be publicly available. Such report 14 shall include: 15 (1) A general review of agency activities and changes, 16 including: 17 (a) a review of significant decisions and other 18 regulatory actions for the preceding year, and pending 19 cases, and an analysis of the impact of such decisions 20 and actions, and potential impact of any significant 21 pending cases; 22 (b) for each significant decision, regulatory 23 action and pending case, a description of the positions 24 advocated by major parties, including Commission staff, 25 and for each such decision rendered or action taken, the 26 position adopted by the Commission and reason therefor 27therefore; 28 (c) a description of the Commission's budget, 29 caseload, and staff levels, including specifically: 30 (i) a breakdown by type of case of the cases 31 resolved and filed during the year and of pending 32 cases; SB745 Engrossed -823- LRB9101253EGfg 1 (ii) a description of the allocation of the 2 Commission's budget, identifying amounts budgeted 3 for each significant regulatory function or activity 4 and for each department, bureau, section, division 5 or office of the Commission and its employees; 6 (iii) a description of current employee 7 levels, identifying any change occurring during the 8 year in the number of employees, personnel policies 9 and practices or compensation levels; and 10 identifying the number and type of employees 11 assigned to each Commission regulatory function and 12 to each department, bureau, section, division or 13 office of the Commission; 14 (d) a description of any significant changes in 15 Commission policies, programs or practices with respect 16 to agency organization and administration, hearings and 17 procedures or substantive regulatory activity.;18 (2) A discussion and analysis of the state of each 19 utility industry regulated by the Commission and significant 20 changes, trends and developments therein, including the 21 number and types of firms offering each utility service, 22 existing, new and prospective technologies, variations in the 23 quality, availability and price for utility services in 24 different geographic areas of the State, and any other 25 industry factors or circumstances which may affect the public 26 interest or the regulation of such industries. 27 (3) A specific discussion of the energy planning 28 responsibilities and activities of the Commission and energy 29 utilities, including: 30 (a) the extent to which conservation, cogeneration, 31 renewable energy technologies and improvements in energy 32 efficiency are being utilized by energy consumers, the 33 extent to which additional potential exists for the 34 economical utilization of such supplies, and a SB745 Engrossed -824- LRB9101253EGfg 1 description of existing and proposed programs and 2 policies designed to promote and encourage such 3 utilization; 4 (b) a description of each energy plan filed with 5 the Commission pursuant to the provisions of this Act, 6 and a copy, or detailed summary of the most recent energy 7 plans adopted by the Commission; and 8 (c) a discussion of the powers by which the 9 Commission is implementing the planning responsibilities 10 of Article VIII, including a description of the staff and 11 budget assigned to such function, the procedures by which 12 Commission staff reviews and analyzes energy plans 13 submitted by the utilities, the Department of Natural 14 Resources, and any other person or party. 15 (4) A discussion of the extent to which utility services 16 are available to all Illinois citizens including: 17 (a) the percentage and number of persons or 18 households requiring each such service who are not 19 receiving such service, and the reasons therefore, 20 including specifically the number of such persons or 21 households who are unable to afford such service; 22 (b) a critical analysis of existing programs 23 designed to promote and preserve the availability and 24 affordability of utility services; and 25 (c) an analysis of the financial impact on 26 utilities and other ratepayers of the inability of some 27 customers or potential customers to afford utility 28 service, including the number of service disconnections 29 and reconnections, and cost thereof and the dollar amount 30 of uncollectible accounts recovered through rates. 31 (5) A detailed description of the means by which the 32 Commission is implementing its new statutory responsibilities 33 under this Act, and the status of such implementation, 34 including specifically: SB745 Engrossed -825- LRB9101253EGfg 1 (a) Commission reorganization resulting from the 2 addition of an Executive Director and hearing examiner 3 qualifications and review;.4 (b) Commission responsibilities for construction 5 and rate supervision, including construction cost audits, 6 management audits, excess capacity adjustments, phase-ins 7 of new plant and the means and capability for monitoring 8 and reevaluating existing or future construction projects 9 ;.10 (c) promulgation and application of rules 11 concerning ex parte communications, circulation of 12 recommended orders and transcription of closed meetings. 13 (6) A description of all appeals taken from Commission 14 orders, findings or decisions and the status and outcome of 15 such appeals. 16 (7) A description of the status of all studies and 17 investigations required by this Act, including those ordered 18 pursuant to Sections 8-304, 9-242, 9-244 and 13-301 and all 19 such subsequently ordered studies or investigations. 20 (8) A discussion of new or potential developments in 21 federal legislation, and federal agency and judicial 22 decisions relevant to State regulation of utility services. 23 (9) All recommendations for appropriate legislative 24 action by the General Assembly. 25 The Commission may include such other information as it 26 deems to be necessary or beneficial in describing or 27 explaining its activities or regulatory responsibilities. The 28 report required by this Section shall be adopted by a vote of 29 the full Commission prior to filing. 30 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.) 31 (220 ILCS 5/4-501) 32 Sec. 4-501. Small public utilities and 33 telecommunications carriers; circuit court appointment of SB745 Engrossed -826- LRB9101253EGfg 1 receiver; bond. 2 (a) If a public utility or telecommunications carrier 3 that has fewer than 7,500 customers: 4 (1) is unable or unwilling to provide safe, 5 adequate, or reliable service; 6 (2) no longer possesses sufficient technical, 7 financial, or managerial resources and abilities to 8 provide safe, adequate, or reliable service; 9 (3) has been actually or effectively abandoned by 10 its owners or operators; 11 (4) has defaulted on a bond, note, or loan issued 12 or guaranteed by a department, office, commission, board, 13 authority, or other unit of State government; 14 (5) has failed to comply, within a reasonable 15 period of time, with an order of the Commission 16 concerning the safety, adequacy, efficiency, or 17 reasonableness of service; or 18 (6) has allowed property owned or controlled by it 19 to be used in violation of a final order of the 20 Commission; 21 the Commission may file a petition for receivership and a 22 verifying affidavit executed by the executive director of the 23 Commission or a person designated by the executive director 24 asking the circuit court for an order attaching the assets of 25 the public utility or telecommunications carrier and placing 26 the public utility or telecommunications carrier under the 27 control and responsibility of a receiver. 28 (b) The court shall hold a hearing within 5 days of the 29 filing of the petition. The petition and notice of the 30 hearing shall be served upon the owner or designated agent of 31 the public utility or telecommunications carrier as provided 32 under the Civil Practice Law, or the petition and notice of 33 hearing shall be posted in a conspicuous area at a location 34 where the public utility or telecommunications carrier SB745 Engrossed -827- LRB9101253EGfg 1 normally conducts its business affairs, not later than 3 days 2 before the time specified for the hearing unless a different 3 period is fixed by order of court. 4 If a petition for receivership and verifying affidavit 5 executed by the executive director of the Commission or the 6 person designated by the executive director allege an 7 immediate and serious danger to residents constituting an 8 emergency, the court shall set the matter for hearing within 9 3 days and may appoint a temporary receiver ex parte upon the 10 strength of the petition and affidavit pending a full 11 evidentiary hearing. The court shall hold a full evidentiary 12 hearing on the petition within 5 days of the appointment of 13 the temporary receiver. The public utility or 14 telecommunications carrier shall be served with the petition, 15 affidavit, and notice of hearing in the manner provided in 16 this subsection not later than 3 days before the time 17 specified for the full evidentiary hearing, unless a 18 different period is fixed by order of court. 19 (c) After a hearing, the court shall determine whether 20 to grant the petition. A receiver appointed under this 21 Section shall be a responsible person, partnership, or 22 corporation knowledgeable in the operation of the type of 23 public utility or telecommunications carrier that is the 24 subject of the petition for receivership. 25 (d) A receiver appointed by the court shall file a bond. 26 The receiver shall operate the public utility or 27 telecommunications carrier to preserve its assets and to 28 serve the best interests of its customers. The receiver 29 appointed shall directly or by its agents and attorneys enter 30 upon and take possession of the public utility's or 31 telecommunications carrier's facilities and operations and 32 may exclude from the public utility's or telecommunications 33 carrier's facilities any or all of the public utility's or 34 telecommunications carrier's officers, agents, or employees SB745 Engrossed -828- LRB9101253EGfg 1 and all persons claiming under them. The receiver shall have 2 possession and control the facilities and shall exercise all 3 rights and powers with respect to the facilities that could 4 be exercised by the public utility or telecommunications 5 carrier. The receiver shall maintain, restore, insure, and 6 make all proper repairs to the public utility or 7 telecommunications facilities. The receiver shall have the 8 powers and duties necessary for the continued operation of 9 the public utility or telecommunications carrier and the 10 provision of continuous and adequate services to customers. 11 (e) The receiver shall, in the performance of the powers 12 conferred, act under the supervision of the court making the 13 appointment. The receiver is at all times subject to the 14 orders of the court and may be removed by the court. The 15 court may enter other orders that it considers appropriate 16 for the exercise by the receiver of functions specifically 17 set forth in this Section. The receiver shall be compensated 18 from the assets of the public utility or telecommunications 19 carrier in an amount to be determined by the court. In 20 addition, in a suit, action, or proceeding by or against the 21 receiver of a public utility or telecommunications carrier, 22 the fees, counsel fees, and expenses of the receiver, if any, 23 that are incurred to prosecute or defend the suit, action, or 24 proceeding shall be paid out of the assets of the public 25 utility or telecommunications carrier. 26 (f) If the receiver determines that the public utility's 27 or telecommunications carrier's actions that caused it to be 28 placed under the control and responsibility of the receiver 29 were due to misappropriation or wrongful diversion of the 30 assets or income of the company or to other misconduct by a 31 director, officer, or manager of the company, the receiver 32 shall file a petition with the circuit court that issued the 33 order of receivership for an order that the director, 34 officer, or manager be ordered to pay compensatory damages to SB745 Engrossed -829- LRB9101253EGfg 1 the company because of the misappropriation, diversion, or 2 misconduct. 3 (g) Control of and responsibility for the public utility 4 or telecommunications carrier shall remain in the receiver 5 until, upon a showing of good cause by the public utility or 6 telecommunications carrier, the court determines that it is 7 in the best interests of its customers that the public 8 utility or telecommunications carrier be returned to the 9 owners or the court determines that the receiver is no longer 10 required. The court may also direct the receiver to liquidate 11 the assets of the public utility or telecommunications 12 carrier in the manner provided by law. 13 (h) The appointment of a receiver shall be in addition 14 to any other remedies provided by law. 15 (Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.) 16 (220 ILCS 5/4-502) 17 Sec. 4-502. Small public utility or telecommunications 18 carrier; acquisition by capable utility; Commission 19 determination; procedure. 20 (a) The Commission may provide for the acquisition of a 21 small public utility or telecommunications carrier by a 22 capable public utility or telecommunications carrier, if the 23 Commission, after notice and an opportunity to be heard, 24 determines one or more of the following: 25 (1) the small public utility or telecommunications 26 carrier is failing to provide safe, adequate, or reliable 27 service; 28 (2) the small public utility or telecommunications 29 carrier no longer possesses sufficient technical, 30 financial, or managerial resources and abilities to 31 provide the service or services for which its certificate 32 was originally granted; 33 (3) the small public utility or telecommunications SB745 Engrossed -830- LRB9101253EGfg 1 carrier has been actually or effectively abandoned by its 2 owners or operators; 3 (4) the small public utility or telecommunications 4 carrier has defaulted on a bond, note, or loan issued or 5 guaranteed by a department, office, commission, board, 6 authority, or other unit of State government; 7 (5) the small public utility or telecommunications 8 carrier has wilfully failed to comply with any provision 9 of this Act, any other provision of State or federal law, 10 or any rule, regulation, order, or decision of the 11 Commission; or 12 (6) the small public utility or telecommunications 13 carrier has wilfully allowed property owned or controlled 14 by it to be used in violation of this Act, any other 15 provision of State or federal law, or any rule, 16 regulation, order, or decision of the Commission. 17 (b) As used in this Section, "small public utility or 18 telecommunications carrier" means a public utility or 19 telecommunications carrier that regularly provides service to 20 fewer than 7,500 customers. 21 (c) In making a determination under subsection (a), the 22 Commission shall consider all of the following: 23 (1) The financial, managerial, and technical 24 ability of the small public utility or telecommunications 25 carrier. 26 (2) The financial, managerial, and technical 27 ability of all proximate public utilities or 28 telecommunications carriers providing the same type of 29 service. 30 (3) The expenditures that may be necessary to make 31 improvements to the small public utility or 32 telecommunications carrier to assure compliance with 33 applicable statutory and regulatory standards concerning 34 the adequacy, efficiency, safety, or reasonableness of SB745 Engrossed -831- LRB9101253EGfg 1 utility service. 2 (4) The expansion of the service territory of the 3 acquiring capable public utility or telecommunications 4 carrier to include the service area of the small public 5 utility or telecommunications carrier to be acquired. 6 (5) Whether the rates charged by the acquiring 7 capable public utility or telecommunications carrier to 8 its acquisition customers will increase unreasonably 9 because of the acquisition. 10 (6) Any other matter that may be relevant. 11 (d) For the purposes of this Section, a "capable public 12 utility or telecommunications carrier" means a public 13 utility, as defined under Section 3-105 of this Act, 14 including those entities listed in subsections 1 through 5 of 15 Section 3-105, or a telecommunications carrier, as defined 16 under Section 13-202 of this Act, including those entities 17 listed in subsections (a) and (b) of Section 13-202, that: 18 (1) regularly provides the same type of service as 19 the small public utility or telecommunications carrier, 20 to 7,500 or more customers, and provides safe, adequate, 21 and reliable service to those customers; however, public 22 utility or telecommunications carrier that would 23 otherwise be a capable public utility except for the fact 24 that it has fewer than 7,500 customers may elect to be a 25 capable public utility or telecommunications carrier for 26 the purposes of this Section regardless of the number of 27 its customers and regardless of whether or not it is 28 proximate to the small public utility or 29 telecommunications carrier to be acquired; 30 (2) is not an affiliated interest of the small 31 public utility or telecommunications carrier; 32 (3) agrees to acquire the small public utility or 33 telecommunications carrier that is the subject of the 34 proceeding, under the terms and conditions contained in SB745 Engrossed -832- LRB9101253EGfg 1 the Commission order approving the acquisition; and 2 (4) is financially, managerially, and technically 3 capable of acquiring and operating the small public 4 utility or telecommunications carrier in compliance with 5 applicable statutory and regulatory standards. 6 (e) The Commission may, on its own motion or upon 7 petition, initiate a proceeding in order to determine whether 8 an order of acquisition should be entered. Upon the 9 establishment of a prima facie case that the acquisition of 10 the small public utility or telecommunications carrier would 11 be in the public interest and in compliance with the 12 provisions of this Section all of the following apply: 13 (1) The small public utility or telecommunications 14 carrier that is the subject of the acquisition 15 proceedings has the burden of proving its ability to 16 render safe, adequate, and reliable service at just and 17 reasonable rates. 18 (2) The small public utility or telecommunications 19 carrier that is the subject of the acquisition 20 proceedings may present evidence to demonstrate the 21 practicality and feasibility of the following 22 alternatives to acquisition: 23 (A) the reorganization of the small public 24 utility or telecommunications carrier under new 25 management; 26 (B) the entering of a contract with another 27 public utility, telecommunications carrier, or a 28 management or service company to operate the small 29 public utility or telecommunications carrier; 30 (C) the appointment of a receiver to operate 31 the small public utility or telecommunications 32 carrier, in accordance with the provisions of 33 Section 4-501 of thistheAct; or 34 (D) the merger of the small public utility or SB745 Engrossed -833- LRB9101253EGfg 1 telecommunications carrier with one or more other 2 public utilities or telecommunications carriers. 3 (3) A public utility or telecommunications carrier 4 that desires to acquire the small public utility or 5 telecommunications carrier has the burden of proving that 6 it is a capable public utility or telecommunications 7 carrier. 8 (f) Subject to the determinations and considerations 9 required by subsections (a), (b), (c), (d) and (e) of this 10 Section, the Commission shall issue an order concerning the 11 acquisition of the small public utility or telecommunications 12 carrier by a capable public utility or telecommunications 13 carrier. If the Commission finds that the small public 14 utility or telecommunications carrier should be acquired by 15 the capable public utility or telecommunications carrier, the 16 order shall also provide for the extension of the service 17 area of the acquiring capable public utility or 18 telecommunications carrier. 19 (g) The price for the acquisition of the small public 20 utility or telecommunications carrier shall be determined by 21 agreement between the small public utility or 22 telecommunications carrier and the acquiring capable public 23 utility or telecommunications carrier subject to a 24 determination by the Commission that the price is reasonable. 25 If the small public utility or telecommunications carrier and 26 the acquiring capable public utility or telecommunications 27 carrier are unable to agree on the acquisition price or the 28 Commission disapproves the acquisition price upon which they 29 have agreed, the Commission shall issue an order directing 30 the acquiring capable public utility or telecommunications 31 carrier to acquire the small public utility or 32 telecommunications carrier by following the procedure 33 prescribed for the exercise of the powers of eminent domain 34 under Section 8-509 of thistheAct. SB745 Engrossed -834- LRB9101253EGfg 1 (h) The Commission may, in its discretion and for a 2 reasonable period of time after the date of acquisition, 3 allow the acquiring capable public utility or 4 telecommunications carrier to charge and collect rates from 5 the customers of the acquired small public utility or 6 telecommunications carrier under a separate tariff. 7 (i) A capable public utility or telecommunications 8 carrier ordered by the Commission to acquire a small public 9 utility or telecommunications carrier shall submit to the 10 Commission for approval before the acquisition a plan, 11 including a timetable, for bringing the small public utility 12 or telecommunications carrier into compliance with applicable 13 statutory and regulatory standards. 14 (Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.) 15 (220 ILCS 5/7-102) (from Ch. 111 2/3, par. 7-102) 16 Sec. 7-102. Transactions requiring Commission approval. 17 (A) Unless the consent and approval of the Commission is 18 first obtained or unless such approval is waived by the 19 Commission or is exempted in accordance with the provisions 20 of this Section or of any other Section of this Act: 21 (a) No 2 or more public utilities may enter into 22 contracts with each other that will enable such public 23 utilities to operate their lines or plants in connection 24 with each other.;25 (b) No public utility may purchase, lease, or in 26 any other manner acquire control, direct or indirect, 27 over the franchises, licenses, permits, plants, 28 equipment, business or other property of any other public 29 utility.;30 (c) No public utility may assign, transfer, lease, 31 mortgage, sell (by option or otherwise), or otherwise 32 dispose of or encumber the whole or any part of its 33 franchises, licenses, permits, plant, equipment, SB745 Engrossed -835- LRB9101253EGfg 1 business, or other property, but the consent and approval 2 of the Commission shall not be required for the sale, 3 lease, assignment or transfer (1) by any public utility 4 of any tangible personal property which is not necessary 5 or useful in the performance of its duties to the public, 6 or (2) by any railroad of any real or tangible personal 7 property.;8 (d) No public utility may by any means, direct or 9 indirect, merge or consolidate its franchises, licenses, 10 permits, plants, equipment, business or other property 11 with that of any other public utility.;12 (e) No public utility may purchase, acquire, take 13 or receive any stock, stock certificates, bonds, notes or 14 other evidences of indebtedness of any other public 15 utility.;16 (f) No public utility may in any manner, directly 17 or indirectly, guarantee the performance of any contract 18 or other obligation of any other person, firm or 19 corporation whatsoever.;20 (g) No public utility may use, appropriate, or 21 divert any of its moneys, property or other resources in 22 or to any business or enterprise which is not, prior to 23 such use, appropriation or diversion essentially and 24 directly connected with or a proper and necessary 25 department or division of the business of such public 26 utility; provided that this subsection shall not be 27 construed as modifying subsections (a) through (e) of 28 this Section.;29 (h) No public utility may, directly or indirectly, 30 invest, loan or advance, or permit to be invested, loaned 31 or advanced any of its moneys, property or other 32 resources in, for, in behalf of or to any other person, 33 firm, trust, group, association, company or corporation 34 whatsoever, except that no consent or approval by the SB745 Engrossed -836- LRB9101253EGfg 1 Commission is necessary for the purchase of stock in 2 development credit corporations organized under the 3 Illinois Development Credit Corporation Act, providing 4 that no such purchase may be made hereunder if, as a 5 result of such purchase, the cumulative purchase price of 6 all such shares owned by the utility would exceed 7 one-fiftieth of one per cent of the utility's gross 8 operating revenue for the preceding calendar year. 9 (B)(i)Any public utility may present to the Commission 10 for approval options or contracts to sell or lease real 11 property, notwithstanding that the value of the property 12 under option may have changed between the date of the option 13 and the subsequent date of sale or lease. If the options or 14 contracts are approved by the Commission, subsequent sales or 15 leases in conformance with those options or contracts may be 16 made by the public utility without any further action by the 17 Commission. If approval of the options or contracts is denied 18 by the Commission, the options or contracts are void and any 19 consideration theretofore paid to the public utility must be 20 refunded within 30 days following disapproval of the 21 application. 22 (C) The proceedings for obtaining the approval of the 23 Commission provided foritin this Section shall be as 24 follows: There shall be filed with the Commission a petition, 25 joint or otherwise, as the case may be, signed and verified 26 by the president, any vice president, secretary, treasurer, 27 comptroller, general manager, or chief engineer of the 28 respective companies, or by the person or company, as the 29 case may be, clearly setting forth the object and purposes 30 desired, and setting forth the full and complete terms of the 31 proposed assignment, transfer, lease, mortgage, purchase, 32 sale, merger, consolidation, contract or other transaction, 33 as the case may be. Upon the filing of such petition, the 34 Commission shall, if it deems necessary, fix a time and place SB745 Engrossed -837- LRB9101253EGfg 1 for the hearing thereon. After such hearing, or in case no 2 hearing is required, if the Commission is satisfied that such 3 petition should reasonably be granted, and that the public 4 will be convenienced thereby, the Commission shall make such 5 order in the premises as it may deem proper and as the 6 circumstances may require, attaching such conditions as it 7 may deem proper, and thereupon it shall be lawful to do the 8 things provided for in such order. The Commission shall 9 impose such conditions as will protect the interest of 10 minority and preferred stockholders. 11 (D) The Commission shall have power by general rules 12 applicable alike to all public utilities, other than electric 13 and gas public utilities, affected thereby to waive the 14 filing and necessity for approval of the following: (a) sales 15 of property involving a consideration of not more than 16 $300,000 for utilities with gross revenues in excess of 17 $50,000,000 annually and a consideration of not more than 18 $100,000 for all other utilities; (b) leases, easements and 19 licenses involving a consideration or rental of not more than 20 $30,000 per year for utilities with gross revenues in excess 21 of $50,000,000 annually and a consideration or rental of not 22 more than $10,000 per year for all other utilities; (c) 23 leases of office building space not required by the public 24 utility in rendering service to the public; (d) the temporary 25 leasing, lending or interchanging of equipment in the 26 ordinary course of business or in case of an emergency; and 27 (e) purchase-money mortgages given by a public utility in 28 connection with the purchase of tangible personal property 29 where the total obligation to be secured shall be payable 30 within a period not exceeding one year. However, if the 31 Commission, after a hearing, finds that any public utility to 32 which such rule is applicable is abusing or has abused such 33 general rule and thereby is evading compliance with the 34 standard established herein, the Commission shall have power SB745 Engrossed -838- LRB9101253EGfg 1 to require such public utility to thereafter file and receive 2 the Commission's approval upon all such transactions as 3 described in this Section, but such general rule shall remain 4 in full force and effect as to all other public utilities to 5 which such rule is applicable. 6 (E) The filing of, and the consent and approval of the 7 Commission for, any assignment, transfer, lease, mortgage, 8 purchase, sale, merger, consolidation, contract or other 9 transaction by an electric or gas public utility with gross 10 revenues in all jurisdictions of $250,000,000 or more 11 annually involving a sale price or annual consideration in an 12 amount of $5,000,000 or less shall not be required. The 13 Commission shall also have the authority, on petition by an 14 electric or gas public utility with gross revenues in all 15 jurisdictions of $250,000,000 or more annually, to establish 16 by order higher thresholds than the foregoing for the 17 requirement of approval of transactions by the Commission 18 pursuant to this Section for the electric or gas public 19 utility, but no greater than 1% of the electric or gas public 20 utility's average total gross utility plant in service in the 21 case of sale, assignment or acquisition of property, or 2.5% 22 of the electric or gas public utility's total revenue in the 23 case of other sales price or annual consideration, in each 24 case based on the preceding calendar year, and subject to the 25 power of the Commission, after notice and hearing, to further 26 revise those thresholds at a later date. In addition to the 27 foregoing, the Commission shall have power by general rules 28 applicable alike to all electric and gas public utilities 29 affected thereby to waive the filing and necessity for 30 approval of the following: (a) sales of property involving a 31 consideration of $100,000 or less for electric and gas 32 utilities with gross revenues in all jurisdictions of less 33 than $250,000,000 annually; (b) leases, easements and 34 licenses involving a consideration or rental of not more than SB745 Engrossed -839- LRB9101253EGfg 1 $10,000 per year for electric and gas utilities with gross 2 revenues in all jurisdictions of less than $250,000,000 3 annually; (c) leases of office building space not required by 4 the electric or gas public utility in rendering service to 5 the public; (d) the temporary leasing, lending or 6 interchanging of equipment in the ordinary course of business 7 or in the case of an emergency; and (e) purchase-money 8 mortgages given by an electric or gas public utility in 9 connection with the purchase of tangible personal property 10 where the total obligation to be secured shall be payable 11 within a period of one year or less. However, if the 12 Commission, after a hearing, finds that any electric or gas 13 public utility is abusing or has abused such general rule and 14 thereby is evading compliance with the standard established 15 herein, the Commission shall have power to require such 16 electric or gas public utility to thereafter file and receive 17 the Commission's approval upon all such transactions as 18 described in this Section and not exempted pursuant to the 19 first sentence of this paragraph or to subsection (g) of 20 Section 16-111 of this Act, but such general rule shall 21 remain in full force and effect as to all other electric and 22 gas public utilities. 23 Every assignment, transfer, lease, mortgage, sale or 24 other disposition or encumbrance of the whole or any part of 25 the franchises, licenses, permits, plant, equipment, business 26 or other property of any public utility, or any merger or 27 consolidation thereof, and every contract, purchase of stock, 28 or other transaction referred to in this Section and not 29 exempted in accordance with the provisions of the immediately 30 preceding paragraph of this Section, made otherwise than in 31 accordance with an order of the Commission authorizing the 32 same, except as provided in this Section, shall be void. The 33 provisions of this Section shall not apply to any 34 transactions by or with a political subdivision or municipal SB745 Engrossed -840- LRB9101253EGfg 1 corporation of this State. 2 (F) The provisions of this Section do not apply to the 3 purchase or sale of emission allowances created under and 4 defined in Title IV of the federal Clean Air Act Amendments 5 of 1990 (P.L. 101-549), as amended. 6 (Source: P.A. 89-99, eff. 7-7-95; 90-561, eff. 12-16-97; 7 revised 10-31-98.) 8 (220 ILCS 5/7-106) 9 Sec. 7-106. (a) Subject to the limitations contained in 10 this Section 7-106, and notwithstanding anything to the 11 contrary in Section 6-103 and itemssubsections(f), (g), and 12 (h) of subsection (A) of Section 7-102 of this Act or any 13 rule or regulation promulgated by the Commission under this 14 Act, a public utility that has filed, pursuant to Section 15 7-105(d) of this Act, the information described in Section 16 7-204A(a) of this Act, may, without the approval or consent 17 of, or other prior filing with, the Commission, form, invest 18 moneys denominated in United States dollars in, and guarantee 19 contractual obligations of a subsidiary which engages in any 20 business that provides to persons, corporations, municipal 21 corporations, or other entities that are customers or 22 potential customers of the public utility (i) heating, 23 cooling, or lighting services; (ii) energy management 24 services; or (iii) design, development, construction, 25 engineering, financial, maintenance, management, or 26 consulting services for owners, lessees, managers, or 27 operators of facilities for the generation, transmission, or 28 distribution of electricity; each such subsidiary is referred 29 to in this Act as a "Section 7-106 subsidiary". 30 (b) Prior to investing in or guaranteeing any 31 contractual obligations of a Section 7-106 subsidiary, the 32 utility shall file with the Commission a statement 33 identifying all public utility assets or information in SB745 Engrossed -841- LRB9101253EGfg 1 existence, such as customer lists, which the utility plans to 2 transfer to or permit the Section 7-106 subsidiary or any 3 associate or affiliate of the subsidiary to use, which 4 statement shall include a description of the proposed terms 5 and conditions under which the assets or information will be 6 transferred or used. 7 (c) In any proceeding pending before the Commission to 8 determine the rates to be charged for electric service by a 9 public utility which has a Section 7-106 subsidiary, or which 10 is a subsidiary of a holding company formed under Section 11 7-105 of this Act, the Commission shall reduce the public 12 utility's rates to reflect the additional amount of revenue 13 it would have earned during the test year if the Section 14 7-106 subsidiary, such holding company, or any other 15 subsidiary company of such holding company had not provided 16 the customer with the services described in items (i), (ii), 17 and (iii) of subsection (a) of this Section. The Commission 18 shall not reduce the revenues of the public utility unless it 19 finds that there was no reasonable probability that the 20 customer would have obtained the services described in items 21 (i), (ii), and (iii) of subsection (a) of this Section from 22 another source (including the customer), if such subsidiary, 23 holding company, or other subsidiary company had not entered 24 into a contract or arrangement with the customer. A written 25 statement by an employee or authorized agent of the customer 26 that such services are available from other sources 27 (including the customer) and that such agent or employee 28 believes that there was a reasonable probability that the 29 customer would have so obtained such services from another 30 source (including the customer) shall constitute prima facie 31 evidence of such reasonable probability. The provisions of 32 this subsection shall not be construed as limiting the 33 authority of the Commission with respect to rates under any 34 other Section of this Act. SB745 Engrossed -842- LRB9101253EGfg 1 (d) The aggregate amount of a public utility's 2 investments in, and guarantees of, the contractual 3 obligations of Section 7-106 subsidiaries without the 4 approval or consent of, or prior filing with, the Commission, 5 outstanding at the time of and after giving effect to any 6 such investment or guarantee, shall not exceed as of the date 7 of such investment or guarantee an amount equal to the lesser 8 of $170,000,000 or 20% of the retained earnings of the public 9 utility as reported on its most recent annual report to the 10 Commission. The amount of each such guarantee shall be 11 limited to a maximum dollar amount which shall be specified 12 in such guarantee. The terms of each such guarantee shall 13 provide that it shall terminate, and it shall terminate, at 14 the time that the public utility liquidates or transfers to 15 any entity or person, the interest and investment of such 16 public utility in the Section 7-106 subsidiary whose 17 obligations are subject to such guarantee. The authority of 18 a public utility to invest in and guarantee the contractual 19 obligations of a Section 7-106 subsidiary without the 20 approval or consent of, or prior filing with, the Commission, 21 as permitted by this Section 7-106, shall expire on the date 22 such public utility liquidates or transfers its interest and 23 investment in such Section 7-106 subsidiary. 24 (e) The Commission shall not consider the investment of 25 a public utility in or its obligation to make an investment 26 in a Section 7-106 subsidiary, or the guarantee by a public 27 utility of contractual obligations of its Section 7-106 28 subsidiaries, in considering the amount or terms of any 29 reparations or refunds to be made by such public utility to 30 its customers. 31 (f) On the date that a public utility becomes a 32 subsidiary company of a holding company pursuant to Section 33 7-105 of this Act, such public utility shall either: 34 (i) liquidate or transfer its interest and SB745 Engrossed -843- LRB9101253EGfg 1 investment in its Section 7-106 subsidiaries to such 2 holding company or to any other entity or person in a 3 transaction which does not require the prior approval or 4 consent of the Commission under Section 7-101 or Section 5 7-102 of this Act, or 6 (ii) file with the Commission for its approval 7 under Section 7-101 or Section 7-102 of this Act, a plan 8 for such public utility to liquidate or transfer its 9 interest and investment in its Section 7-106 10 subsidiaries. 11 (g) If on the 550th day after the effective date of this 12 amendatory Act of 1993 such public utility is not a 13 subsidiary company of a holding company, such public utility 14 shall on such 550th day either: 15 (i) liquidate or transfer its interest and 16 investment in its Section 7-106 subsidiaries to any 17 entity or person in a transaction which does not require 18 the prior approval or consent of the Commission under 19 Section 7-101 or Section 7-102 of this Act, or 20 (ii) file with the Commission for its approval 21 under Section 7-101 or Section 7-102 of this Act, a plan 22 for such public utility to liquidate or transfer its 23 interest and investment in its Section 7-106 24 subsidiaries, or 25 (iii) file with the Commission a petition for an 26 extension of time within which: (A) to become a 27 subsidiary company of a holding company and to take 28 action pursuant to subsection (f) of this Section 7-106; 29 or (B) to take action pursuant to either subparagraph (i) 30 or subparagraph (ii) of subsection (g) of this Section 31 7-106. The Commission shall grant such extension to an 32 appropriate date unless it finds that the public utility 33 has not taken action in a timely and appropriate manner 34 to seek all regulatory, shareholder, and other authority SB745 Engrossed -844- LRB9101253EGfg 1 for or, after obtaining all such authority, has not taken 2 action in a timely and appropriate manner to effect a 3 transaction in which such public utility would become a 4 subsidiary company of a holding company. If the 5 Commission finds that the public utility has not taken 6 action in a timely and appropriate manner to seek all 7 regulatory, shareholder, and other authority for or, 8 after obtaining all such authority, has not taken action 9 in a timely and appropriate manner to effect a 10 transaction in which such public utility would become a 11 subsidiary company of a holding company, the Commission 12 shall deny the public utility's petition and shall 13 approve a plan for such public utility to liquidate or 14 transfer its interests and investments in its Section 15 7-106 subsidiaries. During the pendency of the 16 proceeding before the Commission initiated by the 17 petition filed by the public utility, the utility may 18 continue to engage in activities described in Sections 19 7-105 and 7-106, as provided therein. 20 (h) Contracts or arrangements between a public utility 21 and its Section 7-106 subsidiaries, including contracts or 22 arrangements for any services described in Section 7-106 23 (a)(i), (ii), and (iii), but excluding investments and 24 guarantees permitted by this Section 7-106, shall be subject 25 to the jurisdiction of the Commission under Sections 7-101, 26 7-102, 7-204A(b), and other applicable provisions, if any, of 27 this Act, except that such public utility may, pursuant to 28 contracts or arrangements filed with the Commission, provide 29 its Section 7-106 subsidiaries with office facilities or 30 administrative and management services which are reasonably 31 necessary for the management of the business of its Section 32 7-106 subsidiaries, which contracts or arrangements shall 33 become effective upon such public utility filing with the 34 Commission a petition seeking Commission approval thereof, SB745 Engrossed -845- LRB9101253EGfg 1 and such contracts and arrangements shall remain in effect 2 unless modified by the Commission after a hearing on such 3 petition in which such public utility shall have the burden 4 of proving the reasonable necessity of the provision of such 5 facilities and services. Such contracts or arrangements 6 shall require each Section 7-106 subsidiary to pay to the 7 public utility the fair market value for the use of such 8 facilities and services. The public utility shall keep its 9 books of account and other records in a manner that will 10 enable the Commission to determine the propriety of any 11 allocation of costs between the public utility and its 12 Section 7-106 subsidiaries. The burden of proving the 13 propriety of any such allocation shall be on the public 14 utility. The public utility shall also have the burden of 15 proving that it has received or will receive fair market 16 value for all facilities or services provided to its Section 17 7-106 subsidiaries under this Section 7-106. 18 (i) The costs of any public utility investment in or 19 guarantee of the contractual obligations of its Section 7-106 20 subsidiaries shall not be included in rate base or treated as 21 allowable expenses for purposes of determining the rates to 22 be charged by the public utility. 23 (j) No public utility shall have any liability to any of 24 its Section 7-106 subsidiaries, except any obligation it may 25 have to make investments in such Section 7-106 subsidiaries 26 in accordance with this Section 7-106. No public utility 27 shall have any liability for any obligation or liability of 28 any of its Section 7-106 subsidiaries, except under any 29 guarantee of contractual obligations of such Section 7-106 30 subsidiaries made in accordance with this Section 7-106. 31 (k) No Section 7-106 subsidiary shall engage in the 32 repair or servicing of home or other consumer appliances 33 except in emergencies posing a threat to life or property. 34 (Source: P.A. 88-83; revised 1-21-99.) SB745 Engrossed -846- LRB9101253EGfg 1 (220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241) 2 Sec. 9-241. No public utility shall, as to rates or 3 other charges, services, facilities or in other respect, make 4 or grant any preference or advantage to any corporation or 5 person or subject any corporation or person to any prejudice 6 or disadvantage. No public utility shall establish or 7 maintain any unreasonable difference as to rates or other 8 charges, services, facilities, or in any other respect, 9 either as between localities or as between classes of 10 service. 11 However, nothing in this Section shall be construed as 12 limiting the authority of the Commission to permit the 13 establishment of economic development rates as incentives to 14 economic development either in enterprise zones as designated 15 by the State of Illinois or in other areas of a utility's 16 service area. Such rates should be available to existing 17 businesses which demonstrate an increase to existing load as 18 well as new businesses which create new load for a utility so 19 as to create a more balanced utilization of generating 20 capacity. The Commission shall ensure that such rates are 21 established at a level which provides a net benefit to 22 customers within a public utility's service area. 23 Prior to October 1, 1989, no public utility providing 24 electrical or gas service shall consider the use of solar or 25 other nonconventional renewable sources of energy by a 26 customer as a basis for establishing higher rates or charges 27 for any service or commodity sold to such customer; nor shall 28 a public utility subject any customer utilizing such energy 29 source or sources to any other prejudice or disadvantage on 30 account of such use. No public utility shall without the 31 consent of the Commission, charge or receive any greater 32 compensation in the aggregate for a lesser commodity, 33 product, or service than for a greater commodity, product or 34 service of like character. SB745 Engrossed -847- LRB9101253EGfg 1 The Commission, in order to expedite the determination of 2 rate questions, or to avoid unnecessary and unreasonable 3 expense, or to avoid unjust or unreasonable discrimination 4 between classes of customers, or, whenever in the judgment of 5 the Commission public interest so requires, may,;for rate 6 making and accounting purposes, or either of them, consider 7 one or more municipalities either with or without the 8 adjacent or intervening rural territory as a regional unit 9 where the same public utility serves such region under 10 substantially similar conditions, and may within such region 11 prescribe uniform rates for consumers or patrons of the same 12 class. 13 Any public utility, with the consent and approval of the 14 Commission, may as a basis for the determination of the 15 charges made by it classify its service according to the 16 amount used, the time when used, the purpose for which used, 17 and other relevant factors. 18 (Source: P.A. 84-1308; revised 10-31-98.) 19 (220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403) 20 (Section scheduled to be repealed on July 1, 2001) 21 Sec. 13-403. Interexchange service authority; approval. 22 The Commission shall approve an application for a Certificate 23 of Interexchange Service Authority only upon a showing by the 24 applicant, and a finding by the Commission, after notice and 25 hearing, that the applicant possesses sufficient technical, 26 financial and managerial resources and abilities to provide 27 interexchange telecommunications service. The removal from 28 this Section of the dialing restrictions by this amendatory 29 Act of 1992 does not create any legislative presumption for 30 or against intra-Market Service Area presubscription or 31 changes in intra-Market Service Area dialing arrangements 32 related to the implementation of that presubscription, but 33 simply vests jurisdiction in the Illinois Commerce Commission SB745 Engrossed -848- LRB9101253EGfg 1 to consider after notice and hearing the issue of 2 presubscription in accordance with the policy goals outlined 3 in Section 13-103. 4 The Commission shall have authority to alter the 5 boundaries of Market Service Areas when such alteration is 6 consistent with the public interest and the purposes and 7 policies of this Article. A determination by the Commission 8 with respect to Market Service Area boundaries shall not 9 modify or affect the rights or obligations of any 10 telecommunications carrier with respect to any consent decree 11 or agreement with the United States Department of Justice, 12 including, but not limited to, the Modification of Final 13 Judgment in United States v. Western Electric Co., 552 F. 14 Supp. 131 (D.D.C.D.C.C.1982), as modified from time to 15 time. 16 (Source: P.A. 87-856; revised 10-31-98.) 17 Section 122. The Citizens Utility Board Act is amended 18 by changing Section 3 as follows: 19 (220 ILCS 10/3) (from Ch. 111 2/3, par. 903) 20 Sec. 3. Definitions. As used in this Act: (1) "Board" 21 means the board of directors of the corporation. 22 (2) "Campaign contribution" means a gift, subscription, 23 loan, advance or deposit of money or anything of value, made 24 for the purpose of electing a candidate to the board; or a 25 contract, a promise or agreement, express or implied, whether 26 or not legally enforceable, to make any campaign 27 contribution; but does not include the value of services 28 provided without compensation by individuals who volunteer a 29 portion or all of their time on behalf of a candidate or 30 political committee, or the use of real or personal property 31 and the cost of invitations, food and beverages, voluntarily 32 provided by an individual to a candidate in rendering SB745 Engrossed -849- LRB9101253EGfg 1 voluntary personal services on the individual's residential 2 premises for candidate-related activities if the cumulative 3 value of the activities to the individual on behalf of any 4 candidate does not exceed $100 for any electionelections. 5 (3) "Campaign expenditures" means a purchase, payment 6 distribution, loan, advance, deposit or gift of money or 7 anything of value, made for the purpose of electing a 8 candidate to the board; or a contract, promise, or agreement, 9 express or implied, whether or not legally enforceable, to 10 make any campaign expenditure; but does not include the use 11 of real or personal property and the cost of invitations, 12 food and beverages, voluntarily provided by an individual to 13 a candidate in rendering voluntary personal services on the 14 individual's residential premises for candidate-related 15 activities if the cumulative value of the activities by the 16 individual on behalf of any candidate does not exceed $100 17 for any election. 18 (4) "Class A utility" means any gas, electric or water 19 public utility with annual total gross operating revenues of 20 $2.5 million or more or any telephone public utility with 21 annual total gross operating revenues of $1,600,000 or more 22 on the effective date of this Act. 23 (5) "Corporation" means the citizens utility board. 24 (6) "Director" means any member of the board. 25 (7) "District" means a corporation district, the 26 boundaries of which are congruent with the boundaries of the 27 Congressional districts in the State. 28 (8) "Immediate family" of a person means the person's 29 spouse and legal dependents. 30 (9) "Member" means any person who satisfies the 31 requirements for membership under Section 4. 32 (10) "Periodic customer billing" means a demand for 33 payment for utility services by a public utility to a 34 residential utility consumer on a monthly or other regular SB745 Engrossed -850- LRB9101253EGfg 1 basis. 2 (11) "Political committee" means any committee, club, 3 association or other group of persons which make campaign 4 expenditures or receive campaign contributions during the 5 year before an election of the board. 6 (12) "Public utility" means any person who owns, 7 operates, manages or controls any plant or equipment or any 8 part of a plant or equipment, within the State, for the 9 conveyance of telephone messages or for the production, 10 transmission, delivery or furnishing of heat, light, water or 11 power either directly or indirectly to or for the public. 12 "Public utility" includes any person engaged in the 13 transmission or delivery of natural gas for compensation 14 within this State by means of pipes or mains. "Public 15 utility" does not include a cooperative association organized 16 for the purpose of furnishing telephone service to its 17 members only. "Public utility" does not include electric 18 cooperatives as defined in Section 3-119 of the Public 19 Utilities Act"An Act concerning public utilities", approved20June 29, 1921, as amended. However, "public utility" does not 21 include either public utilities that are owned and operated 22 by a political subdivision, public institution of higher 23 education or municipal corporation of this State or public 24 utilities that are owned by such political subdivision, 25 public institution of higher education, or municipal 26 corporation and operated by any of its lessees or operating 27 agents. 28 (13) "Utility consumer" means any individual or entity, 29 which is not governmental or a public utility, which is 30 located in this State and which is furnished with a utility 31 service by a public utility. 32 (14) "Utility service" means electricity, natural gas, 33 water and telephone service supplied by a public utility. 34 (Source: P.A. 84-1308; revised 10-31-98.) SB745 Engrossed -851- LRB9101253EGfg 1 Section 123. The Illinois Athletic Trainers Practice Act 2 is amended by changing Sections 3 and 16 as follows: 3 (225 ILCS 5/3) (from Ch. 111, par. 7603) 4 Sec. 3. Definitions. As used in this Act: 5 (1) "Department" means the Department of Professional 6 Regulation. 7 (2) "Director" means the Director of Professional 8 Regulation. 9 (3) "Board" means the Illinois Board of Athletic 10 Trainers appointed by the Director. 11 (4) "Licensed athletic trainer" means a person licensed 12 to practice athletic training as defined in this Act and with 13 the specific qualifications set forth in Section 9(9)of 14 this Act,who, upon the direction of his or her team 15 physician orand/orconsulting physician, carries out the 16 practice of prevention/emergency care orand/orphysical 17 reconditioning of injuries incurred by athletes participating 18 in an athletic program conducted by an educational 19 institution, professional athletic organization, or 20 sanctioned amateur athletic organization employing the 21 athletic trainer; or a person who, under the direction of a 22 physician, carries out comparable functions for a health 23 organization-based extramural program of athletic training 24 services for athletes. Specific duties of the athletic 25 trainer include but are not limited to: 26 A. Supervision of the selection, fitting, and 27 maintenance of protective equipment; 28 B. Provision of assistance to the coaching staff in 29 the development and implementation of conditioning 30 programs; 31 C. Counseling of athletes on nutrition and hygiene; 32 D. Supervision of athletic training facility and 33 inspection of playing facilities; SB745 Engrossed -852- LRB9101253EGfg 1 E. Selection and maintenance of athletic training 2 equipment and supplies; 3 F. Instruction and supervision of student trainer 4 staff; 5 G. Coordination with a team physician to provide: 6 (i) pre-competition physical exam and health 7 history updates, 8 (ii) game coverage or phone access to a 9 physician or paramedic, 10 (iii) follow-up injury care, 11 (iv) reconditioning programs, and 12 (v) assistance on all matters pertaining to 13 the health and well-being of athletes. 14 H. Provision of on-site injury care and evaluation 15 as well as appropriate transportation, follow-up 16 treatment and rehabilitation as necessary for all 17 injuries sustained by athletes in the program; 18 I. With a physician, determination of when an 19 athlete may safely return to full participation 20 post-injury; and 21 J. Maintenance of complete and accurate records of 22 all athletic injuries and treatments rendered. 23(5) "Referral" means the guidance or direction to the24athletic trainer given by the physician, who shall maintain25supervision of the athlete.26 To carry out these functions the athletic trainer is 27 authorized to utilize modalities such as heat, light, sound, 28 cold, electricity, exercise, or mechanical devices related to 29 care and reconditioning. 30 (5) "Referral" means the guidance or direction to the 31 athletic trainer given by the physician, who shall maintain 32 supervision of the athlete. 33 (Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.) SB745 Engrossed -853- LRB9101253EGfg 1 (225 ILCS 5/16) (from Ch. 111, par. 7616) 2 Sec. 16. Refusal to issue, suspension, or revocation of 3 license. The Department may refuse to issue or renew, or may 4 revoke, suspend, place on probation, reprimand, or take other 5 disciplinary action as the Department may deem proper, 6 including fines not to exceed $1,000 for each violation, with 7 regard to any licensee for any one or combination of the 8 following: 9 (A) Material misstatement in furnishing information to 10 the Department; 11 (B) Negligent or intentional disregard of this Act, or 12 of the rules or regulations promulgated hereunder; 13 (C) Conviction of any crime under the laws of the United 14 States or any state or territory thereof that is a felony or 15 a misdemeanor, and an essential element of which is 16 dishonesty, or of any crime that is directly related to the 17 practice of the profession; 18 (D) Making any misrepresentation for the purpose of 19 obtaining registration, or violating any provision of this 20 Act; 21 (E) Professional incompetence; 22 (F) Malpractice; 23 (G) Aiding or assisting another person in violating any 24 provision of this Act or rules; 25 (H) Failing, within 60 days, to provide information in 26 response to a written request made by the Department; 27 (I) Engaging in dishonorable, unethical, or 28 unprofessional conduct of a character likely to deceive, 29 defraud or harm the public; 30 (J) Habitual intoxication or addiction to the use of 31 drugs; 32 (K) Discipline by another state, District of Columbia, 33 territory, or foreign nation, if at least one of the grounds 34 for the discipline is the same or substantially equivalent to SB745 Engrossed -854- LRB9101253EGfg 1 those set forth herein; 2 (L) Directly or indirectly giving to or receiving from 3 any person, firm, corporation, partnership, or association 4 any fee, commission, rebate, or other form of compensation 5 for any professional services not actually or personally 6 rendered; 7 (M) A finding that the licensee after having his or her 8 license placed on probationary status has violated the terms 9 of probation; 10 (N) Abandonment of an athlete; 11 (O) Willfully making or filing false records or reports 12 in his or her practice, including but not limited to false 13 records filed with State agencies or departments; 14 (P) Willfully failing to report an instance of suspected 15 child abuse or neglect as required by the Abused and 16 Neglected Child Reporting Act; 17 (Q) Physical illness, including but not limited to,18 deterioration through the aging process, or loss of motor 19 skill that results in the inability to practice the 20 profession with reasonable judgment, skill, or safety; 21 (R) Solicitation of professional services other than by 22 permitted institutional policy; 23 (S) The use of any words, abbreviations, figures or 24 letters with the intention of indicating practice as an 25 athletic trainer without a valid license as an athletic 26 trainer under this Act; 27 (T) The treatment of injuries of athletes by a licensed 28 athletic trainer except by the referral of a physician, 29 podiatrist, or dentist; 30 (U) Willfully violating or knowingly assisting in the 31 violation of any law of this State relating to the use of 32 habit-forming drugs; 33 (V) Willfully violating or knowingly assisting in the 34 violation of any law of this State relating to the practice SB745 Engrossed -855- LRB9101253EGfg 1 of abortion; 2 (W) Continued practice by a person knowingly having an 3 infectious communicable or contagious disease; 4 (X) Being named as a perpetrator in an indicated report 5 by the Department of Children and Family Services pursuant to 6 the Abused and Neglected Child Reporting Act and upon proof 7 by clear and convincing evidence that the licensee has caused 8 a child to be an abused child or neglected child as defined 9 in the Abused and Neglected Child Reporting Act; 10 (Y) Failure to file a return, or to pay the tax, 11 penalty, or interest shown in a filed return, or to pay any 12 final assessment of tax, penalty, or interest, as required by 13 any tax Act administered by the Illinois Department of 14 Revenue, until such time as the requirements of any such tax 15 Act are satisfied; or 16 (Z) Failure to fulfill continuing education requirements 17 as prescribed in Section 10 of this Act. 18 The determination by a circuit court that a licensee is 19 subject to involuntary admission or judicial admission as 20 provided in the Mental Health and Developmental Disabilities 21 Code operates as an automatic suspension. Such suspension 22 will end only upon a finding by a court that the athletic 23 trainer is no longer subject to involuntary admission or 24 judicial admission and issues an order so finding and 25 discharging the athlete; and upon the recommendation of the 26 Board to the Director that the licensee be allowed to resume 27 his or her practice. 28 (Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.) 29 Section 124. The Child Care Act of 1969 is amended by 30 changing Sections 4.2 and 8 as follows: 31 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2) 32 Sec. 4.2. (a) No applicant may receive a license from SB745 Engrossed -856- LRB9101253EGfg 1 the Department and no person may be employed by a licensed 2 child care facility who refuses to authorize an investigation 3 as required by Section 4.1. 4 (b) No applicant may receive a license from the 5 Department and no person may be employed by a child care 6 facility licensed by the Department who has been declared a 7 sexually dangerous person under "An Act in relation to 8 sexually dangerous persons, and providing for their 9 commitment, detention and supervision", approved July 6, 10 1938, as amended, or convicted of committing or attempting to 11 commit any of the following offenses stipulated under the 12 Criminal Code of 1961: 13 (1) murder; 14 (1.1) solicitation of murder; 15 (1.2) solicitation of murder for hire; 16 (1.3) intentional homicide of an unborn child; 17 (1.4) voluntary manslaughter of an unborn child; 18 (1.5) involuntary manslaughter; 19 (1.6) reckless homicide; 20 (1.7) concealment of a homicidal death; 21 (1.8) involuntary manslaughter of an unborn child; 22 (1.9) reckless homicide of an unborn child; 23 (1.10) drug-induceddrug inducedhomicide; 24 (2) a sex offense under Article 11, except offenses 25 described in Sections 11-7, 11-8, 11-12, and 11-13; 26 (3) kidnapping; 27 (3.1) aggravated unlawful restraint; 28 (3.2) forcible detention; 29 (3.3) harboring a runaway; 30 (3.4) aiding and abetting child abduction; 31 (4) aggravated kidnapping; 32 (5) child abduction; 33 (6) aggravated battery of a child; 34 (7) criminal sexual assault; SB745 Engrossed -857- LRB9101253EGfg 1 (8) aggravated criminal sexual assault; 2 (8.1) predatory criminal sexual assault of a child; 3 (9) criminal sexual abuse; 4 (10) aggravated sexual abuse; 5 (11) heinous battery; 6 (12) aggravated battery with a firearm; 7 (13) tampering with food, drugs, or cosmetics; 8 (14) drug induced infliction of great bodily harm; 9 (15) hate crime; 10 (16) stalking; 11 (17) aggravated stalking; 12 (18) threatening public officials; 13 (19) home invasion; 14 (20) vehicular invasion; 15 (21) criminal transmission of HIV; 16 (22) criminal neglect of an elderly or disabled 17 person; 18 (23) child abandonment; 19 (24) endangering the life or health of a child; 20 (25) ritual mutilation; 21 (26) ritualized abuse of a child; 22 (27) an offense in any other state the elements of 23 which are similar and bear a substantial relationship to 24 any of the foregoing offenses. 25 (c) In addition to the provisions set forth in 26 subsection (b), no applicant may receive a license from the 27 Department to operate a foster family home, and no adult 28 person may reside in a foster family home licensed by the 29 Department, who has been convicted of committing or 30 attempting to commit any of the following offenses stipulated 31 under the Criminal Code of 1961, the Cannabis Control Act, 32 and the Illinois Controlled Substances Act: 33 (I) OFFENSES DIRECTED AGAINST THE PERSON SB745 Engrossed -858- LRB9101253EGfg 1 (A) KIDNAPPING AND RELATED OFFENSES 2 (1) Unlawful restraint. 3 (B) BODILY HARM 4 (2) Felony aggravated assault. 5 (3) Vehicular endangerment. 6 (4) Felony domestic battery. 7 (5) Aggravated battery. 8 (6) Heinous battery. 9 (7) Aggravated battery with a firearm. 10 (8) Aggravated battery of an unborn child. 11 (9) Aggravated battery of a senior citizen. 12 (10) Intimidation. 13 (11) Compelling organization membership of persons. 14 (12) Abuse and gross neglect of a long term care 15 facility resident. 16 (13) Felony violation of an order of protection. 17 (II) OFFENSES DIRECTED AGAINST PROPERTY 18 (14) Felony theft. 19 (15) Robbery. 20 (16) Armed robbery. 21 (17) Aggravated robbery. 22 (18) Vehicular hijacking. 23 (19) Aggravated vehicular hijacking. 24 (20) Burglary. 25 (21) Possession of burglary tools. 26 (22) Residential burglary. 27 (23) Criminal fortification of a residence or 28 building. 29 (24) Arson. 30 (25) Aggravated arson. 31 (26) Possession of explosive or explosive 32 incendiary devices. SB745 Engrossed -859- LRB9101253EGfg 1 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY 2 (27) Felony unlawful use of weapons. 3 (28) Aggravated discharge of a firearm. 4 (29) Reckless discharge of a firearm. 5 (30) Unlawful use of metal piercing bullets. 6 (31) Unlawful sale or delivery of firearms on the 7 premises of any school. 8 (32) Disarming a police officer. 9 (33) Obstructing justice. 10 (34) Concealing or aiding a fugitive. 11 (35) Armed violence. 12 (36) Felony contributing to the criminal 13 delinquency of a juvenile. 14 (IV) DRUG OFFENSES 15 (37) Possession of more than 30 grams of cannabis. 16 (38) Manufacture of more than 10 grams of cannabis. 17 (39) Cannabis trafficking. 18 (40) Delivery of cannabis on school grounds. 19 (41) Unauthorized production of more than 5 20 cannabis sativa plants. 21 (42) Calculated criminal cannabis conspiracy. 22 (43) Unauthorized manufacture or delivery of 23 controlled substances. 24 (44) Controlled substance trafficking. 25 (45) Manufacture, distribution, or advertisement of 26 look-alike substances. 27 (46) Calculated criminal drug conspiracy. 28 (46.5) Streetgang criminal drug conspiracy. 29 (47) Permitting unlawful use of a building. 30 (48) Delivery of controlled, counterfeit, or 31 look-alike substances to persons under age 18, or at 32 truck stops, rest stops, or safety rest areas, or on 33 school property. SB745 Engrossed -860- LRB9101253EGfg 1 (49) Using, engaging, or employing persons under 18 2 to deliver controlled, counterfeit, or look-alike 3 substances. 4 (50) Delivery of controlled substances. 5 (51) Sale or delivery of drug paraphernalia. 6 (52) Felony possession, sale, or exchange of 7 instruments adapted for use of a controlled substance or 8 cannabis by subcutaneous injection. 9 (d) Notwithstanding subsection (c), the Department may 10 issue a new foster family home license or may renew an 11 existing foster family home license of an applicant who was 12 convicted of an offense described in subsection (c), provided 13 all of the following requirements are met: 14 (1) The relevant criminal offense or offenses 15 occurred more than 10 years prior to the date of 16 application or renewal. 17 (2) The applicant had previously disclosed the 18 conviction or convictions to the Department for purposes 19 of a background check. 20 (3) After the disclosure, the Department either 21 placed a child in the home or the foster family home 22 license was issued. 23 (4) During the background check, the Department had 24 assessed and waived the conviction in compliance with the 25 existing statutes and rules in effect at the time of the 26 waiver. 27 (5) The applicant meets all other requirements and 28 qualifications to be licensed as a foster family home 29 under this Act and the Department's administrative rules. 30 (6) The applicant has a history of providing a 31 safe, stable home environment and appears able to 32 continue to provide a safe, stable home environment. 33 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 34 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff. SB745 Engrossed -861- LRB9101253EGfg 1 6-27-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 2 10-31-98.) 3 (225 ILCS 10/8) (from Ch. 23, par. 2218) 4 Sec. 8. The Department may revoke or refuse to renew the 5 license of any child care facility or refuse to issue full 6 license to the holder of a permit should the licensee or 7 holder of a permit: 8 (1) fail to maintain standards prescribed and published 9 by the Department; 10 (2) violate any of the provisions of the license issued; 11 (3) furnish or make any misleading or any false 12 statement or report to the Department; 13 (4) refuse to submit to the Department any reports or 14 refuse to make available to the Department any records 15 required by the Department in making investigation of the 16 facility for licensing purposes; 17 (5) fail or refuse to submit to an investigation by the 18 Department; 19 (6) fail or refuse to admit authorized representatives 20 of the Department at any reasonable time for the purpose of 21 investigation; 22 (7) fail to provide, maintain, equip and keep in safe 23 and sanitary condition premises established or used for child 24 care as required under standards prescribed by the 25 Department, or as otherwise required by any law, regulation 26 or ordinance applicable to the location of such facility; 27 (8) refuse to display its license or permit; 28 (9) be the subject of an indicated report under Section 29 3 of the"Abused and Neglected Child Reporting Act"or fail 30 to discharge or sever affiliation with the child care 31 facility of an employee or volunteer at the facility with 32 direct contact with children who is the subject of an 33 indicated report under Section 3 of that Act; SB745 Engrossed -862- LRB9101253EGfg 1 (10) fail to comply with the provisions of Section 7.1; 2 (11) fail to exercise reasonable care in the hiring, 3 training and supervision of facility personnel; 4 (12) fail to report suspected abuse or neglect of 5 children within the facility, as required by the Abused and 6 Neglected Child Reporting Act; 7 (13) fail to comply with Section 5.1.of this Act; or 8 (14) be identified in an investigation by the Department 9 as an addict or alcoholic, as defined in the Alcoholism and 10 Other Drug Abuse and Dependency Act, or be a person whom the 11 Department knows has abused alcohol or drugs, and has not 12 successfully participated in treatment, self-help groups or 13 other suitable activities, and the Department determines that 14 because of such abuse the licensee, holder of the permit, or 15 any other person directly responsible for the care and 16 welfare of the children served, does not comply with 17 standards relating to character, suitability or other 18 qualifications established under Section 7 of this Act. 19 (Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.) 20 Section 125. The Clinical Psychologist Licensing Act is 21 amended by changing Section 10 as follows: 22 (225 ILCS 15/10) (from Ch. 111, par. 5360) 23 Sec. 10. Qualifications of applicants; examination. The 24 Department, except as provided in Section 11 of this Act, 25 shall issue a license as a clinical psychologist to any 26 person who pays an application fee and who: 27 (1) is at least 21 years of age; and has not 28 engaged in conduct or activities which would constitute 29 grounds for discipline under this Act; 30 (2) (blank); 31 (3) is a graduate of a doctoral program from a 32 college, university or school accredited by the regional SB745 Engrossed -863- LRB9101253EGfg 1 accrediting body which is recognized by the Council on 2 Postsecondary Accreditation and is in the jurisdiction in 3 which it is located for purposes of granting the doctoral 4 degree and either: 5 (a) is a graduate of a doctoral program in 6 clinical, school or counseling psychology either 7 accredited by the American Psychological Association 8 or approved by the Council for the National Register 9 of Health Service Providers in Psychology or other 10 national board recognized by the Board, and has 11 completed 2 years of satisfactory supervised 12 experience in clinical, school or counseling 13 psychology at least one of which is an internship 14 and one of which is postdoctoral; or 15 (b) holds a doctoral degree from a recognized 16 college, university or school which the Department, 17 through its rules, establishes as being equivalent 18 to a clinical, school or counseling psychology 19 program and has completed at least one course in 20 each of the following 7 content areas, in actual 21 attendance at a recognized university, college or 22 school whose graduates would be eligible for 23 licensure under this Act: scientific and 24 professional ethics, biological basis of behavior, 25 cognitive-affective basis of behavior, social basis 26 of behavior, individual differences, assessment, and 27 treatment modalities; and has completed 2 years of 28 satisfactory supervised experience in clinical, 29 school or counseling psychology, at least one of 30 which is an internship and one of which is 31 postdoctoral; or 32(4) has passed an examination authorized by the33Department to determine his or her fitness to receive a34license; andSB745 Engrossed -864- LRB9101253EGfg 1 (c)(5) if an individualholds a doctorate in 2 psychology or in a program whose content is 3 psychological in nature from an accredited college, 4 university or school not meeting the standards of 5 paragraph (a) or (b) of this subsection (3) and 6 providesof Section 10 of this Act, he or she shall7provideevidence of the completion of at least one 8 course in each of the 7 content areas specified in 9 paragraph (b)of subsection 3 of Section 10, of this10Actin actual attendance,at a recognized 11 university, school or college whose graduate would 12 be eligible for licensure under this Act; andthat13he or shehas completed an appropriate practicum, an 14 internship or equivalent supervised clinical 15 experience in an organized mental health care 16 setting and 2 years of satisfactory supervised 17 experience in clinical or counseling psychology, at 18 least one of which is postdoctoral; andshall pass19the examination specified in subsection 4 of Section2010 of this Act.21 (4) has passed an examination authorized by the 22 Department to determine his or her fitness to receive a 23 license. 24 Applicants for licensure underSection 10,subsection (3)(a) 25 and (3)(b) of this SectionActshall complete 2 years of 26 satisfactory supervised experience, at least one of which 27 shall be an internship and one of which shall be 28 postdoctoral. A year of supervised experience is defined as 29 not less than 1,750 hours obtained in not less than 50 weeks 30 based on 35 hours per week for full-time work experience. 31 Full-time supervised experience will be counted only if it is 32 obtained in a single setting for a minimum of 6 months. 33 Part-time and internship experience will be counted only if 34 it is 18 hours or more a week for a minimum of 9 months and SB745 Engrossed -865- LRB9101253EGfg 1 is in a single setting. The internship experience required 2 underSection 10,subsection (3)(a) and (3)(b) of this 3 SectionActshall be a minimum of 1,750 hours completed 4 within 24 months. 5 Programs leading to a doctoral degree require minimally 6 the equivalent of 3 full-time academic years of graduate 7 study, at least 2 years of which are at the institution from 8 which the degree is granted, and of which at least one year 9 or its equivalent is in residence at the institution from 10 which the degree is granted. Course work for which credit is 11 given for life experience will not be accepted by the 12 Department as fulfilling the educational requirements for 13 licensure. Residence requires interaction with psychology 14 faculty and other matriculated psychology students; one 15 year's residence or its equivalent is defined as follows: 16 (a) 30 semester hours taken on a full-time or 17 part-time basis at the institution accumulated within 24 18 months, or 19 (b) a minimum of 350 hours of student-faculty 20 contact involving face-to-face individual or group 21 courses or seminars accumulated within 18 months. Such 22 educational meetings must include both faculty-student 23 and student-student interaction, be conducted by the 24 psychology faculty of the institution at least 90% of the 25 time, be fully documented by the institution, and relate 26 substantially to the program and course content. The 27 institution must clearly document how the applicant's 28 performance is assessed and evaluated. 29 To meet the requirement for satisfactory supervised 30 experience, under this Act the supervision must be performed 31 pursuant to the order, control and full professional 32 responsibility of a licensed clinical psychologist. The 33 clients shall be the clients of the agency or supervisor 34 rather than the supervisee. Supervised experience in which SB745 Engrossed -866- LRB9101253EGfg 1 the supervisor receives monetary payment or other 2 consideration from the supervisee or in which the supervisor 3 is hired by or otherwise employed by the supervisee shall not 4 be accepted by the Department as fulfilling the practicum, 5 internship or 2 years of satisfactory supervised experience 6 requirements for licensure. 7 Examinations for applicants under this Act shall be held 8 at the direction of the Department from time to time but not 9 less than once each year. The scope and form of the 10 examination shall be determined by the Department. 11 Each applicant for a license who possesses the necessary 12 qualifications therefor shall be examined by the Department, 13 and shall pay to the Department, or its designated testing 14 service, the required examination fee, which fee shall not be 15 refunded by the Department. 16 Applicants have 3 years from the date of application to 17 complete the application process. If the process has not 18 been completed in 3 years, the application shall be denied, 19 the fee shall be forfeited, and the applicant must reapply 20 and meet the requirements in effect at the time of 21 reapplication. 22 An applicant has one year from the date of notification 23 of successful completion of the examination to apply to the 24 Department for a license. If an applicant fails to apply 25 within one year, the applicant shall be required to take and 26 pass the examination again unless licensed in another 27 jurisdiction of the United States within one year of passing 28 the examination. 29 (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97; 30 revised 1-30-99.) 31 Section 126. The Clinical Social Work and Social Work 32 Practice Act is amended by changing Section 9A as follows: SB745 Engrossed -867- LRB9101253EGfg 1 (225 ILCS 20/9A) (from Ch. 111, par. 6359A) 2 Sec. 9A. Qualifications for license as licensed social 3 worker. A person shall be qualified to be licensed as a 4 licensed social worker and the Department shall issue a 5 license authorizing the practice of social work to an 6 applicant who: 7 (1) has applied in writing on the prescribed form; 8 (2) is of good moral character, as defined in subsection 9 (2) of Section 9; 10 (3) (a) has a degree from a graduate program of social 11 work approved by the Department; or 12 (b) has a degree in social work from an 13 undergraduate program approved by the Department and has 14 successfully completed at least 3 years of supervised 15 professional experience subsequent to obtaining the 16 degree as established by rule. If no supervision by a 17 licensed social worker or a licensed clinical social 18 worker is available, then supervised professional 19 experience may include supervision by other appropriate 20 disciplines as defined by rule;.21 (4) has passed the examination for the practice of 22 social work as a licensed social worker as authorized by the 23 Department; and 24 (5) has paid the required fees. 25 (Source: P.A. 90-150, eff. 12-30-97; revised 10-31-98.) 26 Section 127. The Illinois Dental Practice Act is amended 27 by changing Sections 23 and 48 as follows: 28 (225 ILCS 25/23) (from Ch. 111, par. 2323) 29 Sec. 23. Refusal, revocation or suspension of dental 30 licenses. The Department may refuse to issue or renew, or 31 may revoke, suspend, place on probation, reprimand or take 32 other disciplinary action as the Department may deem proper, SB745 Engrossed -868- LRB9101253EGfg 1 including fines not to exceed $10,000 per violation, with 2 regard to any license for any one or any combination of the 3 following causes: 4 1. Fraud in procuring the license. 5 2. Habitual intoxication or addiction to the use of 6 drugs. 7 3. Wilful or repeated violations of the rules of the 8 Department of Public Health or Department of Nuclear Safety. 9 4. Acceptance of a fee for service as a witness, without 10 the knowledge of the court, in addition to the fee allowed by 11 the court. 12 5. Division of fees or agreeing to split or divide the 13 fees received for dental services with any person for 14 bringing or referring a patient, except in regard to referral 15 services as provided for under Section 45, or assisting in 16 the care or treatment of a patient, without the knowledge of 17 the patient or his legal representative. 18 6. Employing, procuring, inducing, aiding or abetting a 19 person not licensed or registered as a dentist to engage in 20 the practice of dentistry. The person practiced upon is not 21 an accomplice, employer, procurer, inducer, aider, or abetter 22 within the meaning of this Act. 23 7. Making any misrepresentations or false promises, 24 directly or indirectly, to influence, persuade or induce 25 dental patronage. 26 8. Professional connection or association with or 27 lending his name to another for the illegal practice of 28 dentistry by another, or professional connection or 29 association with any person, firm or corporation holding 30 himself, herself, themselves, or itself out in any manner 31 contrary to this Act. 32 9. Obtaining or seeking to obtain practice, money, or 33 any other things of value by false or fraudulent 34 representations, but not limited to, engaging in such SB745 Engrossed -869- LRB9101253EGfg 1 fraudulent practice to defraud the medical assistance program 2 of the Department of Public Aid. 3 10. Practicing under a name other than his or her own. 4 11. Engaging in dishonorable, unethical, or 5 unprofessional conduct of a character likely to deceive, 6 defraud, or harm the public. 7 12. Conviction in this or another State of any crime 8 which is a felony under the laws of this State or conviction 9 of a felony in a federal court, conviction of a misdemeanor, 10 an essential element of which is dishonesty, or conviction of 11 any crime which is directly related to the practice of 12 dentistry or dental hygiene. 13 13. Permitting a dental hygienist, dental assistant or 14 other person under his or her supervision to perform any 15 operation not authorized by this Act. 16 14. Permitting more than 4 dental hygienists to be 17 employed under his supervision at any one time. 18 15. A violation of any provision of this Act or any 19 rules promulgated under this Act. 20 16. Taking impressions for or using the services of any 21 person, firm or corporation violating this Act. 22 17. Violating any provision of Section 45 relating to 23 advertising. 24 18. Discipline by another U.S. jurisdiction or foreign 25 nation, if at least one of the grounds for the discipline is 26 the same or substantially equivalent to those set forth 27 within this Act. 28 19. Willfully failing to report an instance of suspected 29 child abuse or neglect as required by the"Abused and 30 Neglected Child Reporting Act. 31 20. Gross or repeated malpractice resulting in injury or 32 death of a patient. 33 21. The use or prescription for use of narcotics or 34 controlled substances or designated products as listed in the SB745 Engrossed -870- LRB9101253EGfg 1 Illinois Controlled Substances Act, in any way other than for 2 therapeutic purposes. 3 22. Willfully making or filing false records or reports 4 in his practice as a dentist, including, but not limited to, 5 false records to support claims against the dental assistance 6 program of the Illinois Department of Public Aid. 7 23. Professional incompetence as manifested by poor 8 standards of care or mental incompetency as declared by a 9 court of competent jurisdiction. 10 24. Physical illness, including, but not limited to, 11 deterioration through the aging process, or loss of motor 12 skills which results in a dentist's inability to practice 13 dentistry with reasonable judgment, skill or safety. 14 25. Repeated irregularities in billing a third party for 15 services rendered to a patient. For purposes of this 16 paragraph 25, "irregularities in billing" shall include: 17 (a) Reporting excessive charges for the purpose of 18 obtaining a total payment in excess of that usually 19 received by the dentist for the services rendered. 20 (b) Reporting charges for services not rendered. 21 (c) Incorrectly reporting services rendered for the 22 purpose of obtaining payment not earned. 23 26. Continuing the active practice of dentistry while 24 knowingly having any infectious, communicable, or contagious 25 disease proscribed by rule or regulation of the Department. 26 27. Being named as a perpetrator in an indicated report 27 by the Department of Children and Family Services pursuant to 28 the Abused and Neglected Child Reporting Act, and upon proof 29 by clear and convincing evidence that the licensee has caused 30 a child to be an abused child or neglected child as defined 31 in the Abused and Neglected Child Reporting Act. 32 28. Violating the Health Care Worker Self-Referral Act. 33 29. Abandonment of a patient. 34 All proceedings to suspend, revoke, place on probationary SB745 Engrossed -871- LRB9101253EGfg 1 status, or take any other disciplinary action as the 2 Department may deem proper, with regard to a license on any 3 of the foregoing grounds, must be commenced within 3 years 4 after receipt by the Department of a complaint alleging the 5 commission of or notice of the conviction order for any of 6 the acts described herein. Except for fraud in procuring a 7 license, no action shall be commenced more than 5 years after 8 the date of the incident or act alleged to have violated this 9 Section. The time during which the holder of the license was 10 outside the State of Illinois shall not be included within 11 any period of time limiting the commencement of disciplinary 12 action by the Department. 13 The Department may refuse to issue or may suspend the 14 license of any person who fails to file a return, or to pay 15 the tax, penalty or interest shown in a filed return, or to 16 pay any final assessment of tax, penalty or interest, as 17 required by any tax Act administered by the Illinois 18 Department of Revenue, until such time as the requirements of 19 any such tax Act are satisfied. 20 (Source: P.A. 88-65; 88-153; 88-635, eff. 1-1-95; 88-670, 21 eff. 12-2-94; 89-116, eff. 7-7-95; revised 10-31-98.) 22 (225 ILCS 25/48) (from Ch. 111, par. 2348) 23 Sec. 48. Manufacture of dentures, bridges or 24 replacements for dentists;.prescriptions;.order;.25 penalties. 26 (a) Any dentist who employs or engages the services of 27 any dental laboratory to construct or repair, extraorally, 28 prosthetic dentures, bridges, or other replacements for a 29 part of a tooth, a tooth, or teeth, or who directs a dental 30 laboratory to participate in shade selection for a prosthetic 31 appliance, shall furnish such dental laboratory with a 32 written prescription on forms prescribed by the Department 33 which shall contain: SB745 Engrossed -872- LRB9101253EGfg 1 (1) The name and address of the dental laboratory 2 to which the prescription is directed. 3 (2) The patient's name or identification number. If 4 a number is used, the patient's name shall be written 5 upon the duplicate copy of the prescription retained by 6 the dentist. 7 (3) The date on which the prescription was written. 8 (4) A description of the work to be done, including 9 diagrams if necessary. 10 (5) A specification of the type and quality of 11 materials to be used. 12 (6) The signature of the dentist and the number of 13 his or her license to practice dentistry. 14 (b) The dental laboratory receiving a prescription from 15 a dentist shall retain the original prescription and the 16 dentist shall retain a duplicate copy thereof for inspection 17 at any reasonable time by the Department or its duly 18 authorized agents, for a period of 3 years in both cases. 19 (c) If the dental laboratory receiving a written 20 prescription from a dentist engages another dental laboratory 21 (hereinafter referred to as "subcontractor") to perform some 22 of the services relative to such prescription, it shall 23 furnish a written order with respect thereto on forms 24 prescribed by the Department which shall contain: 25 (1) The name and address of the subcontractor. 26 (2) A number identifying the order with the 27 original prescription, which number shall be endorsed on 28 the prescription received from the dentist. 29 (3) The date on which the order was written. 30 (4) A description of the work to be done by the 31 subcontractor, including diagrams if necessary. 32 (5) A specification of the type and quality of 33 materials to be used. 34 (6) The signature of an agent of the dental SB745 Engrossed -873- LRB9101253EGfg 1 laboratory issuing the order. The subcontractor shall 2 retain the order and the issuer thereof shall retain a 3 duplicate copy, attached to the prescription received 4 from the dentist, for inspection by the Department or its 5 duly authorized agents, for a period of 3 years in both 6 cases. 7 (7) A copy of the order to the subcontractor shall 8 be furnished to the dentist. 9 (d) Any dentist who: 10 (1) employs or engages the services of any dental 11 laboratory to construct or repair, extraorally, 12 prosthetic dentures, bridges, or other dental appliances 13 without first providing such dental laboratory with a 14 written prescription; 15 (2) fails to retain a duplicate copy of the 16 prescription for 3 years; or 17 (3) refuses to allow the Department or its duly 18 authorized agents,to inspect his or her files of 19 prescriptions;,20 is guilty of a Class A misdemeanor and the Department may 21 revoke or suspend his or her license therefor. 22 (e) Any dental laboratory which: 23 (1) furnishes such services to any dentist without 24 first obtaining a written prescription therefor from such 25 dentist; 26 (2) acting as a subcontractor as described in (c) 27 above, furnishes such services to any dental laboratory 28 without first obtaining a written order from such dental 29 laboratory; 30 (3) fails to retain the original prescription or 31 order, as the case may be, for 3 years; or 32 (4) refuses to allow the Department or its duly 33 authorized agents,to inspect its files of prescriptions 34 or orders;,SB745 Engrossed -874- LRB9101253EGfg 1 is guilty of a Class A misdemeanor. 2 (Source: P.A. 86-1283; revised 10-31-98.) 3 Section 128. The Medical Practice Act of 1987 is amended 4 by changing Sections 18 and 21 as follows: 5 (225 ILCS 60/18) (from Ch. 111, par. 4400-18) 6 Sec. 18. Visiting professor, physician, or resident 7 permits. 8 (A) Visiting professor permit. 9 (1) A visiting professor permit shall entitle a 10 person to practice medicine in all of its branches or to 11 practice the treatment of human ailments without the use 12 of drugs and without operative surgery provided: 13 (a) the person maintains an equivalent 14 authorization to practice medicine in all of its 15 branches or to practice the treatment of human 16 ailments without the use of drugs and without 17 operative surgery in good standing in their native 18 licensing jurisdiction during the period of the 19 visiting professor permit; and 20 (b) the person has received a faculty 21 appointment to teach in a medical, osteopathic or 22 chiropractic school in Illinois. 23 (2) Application for visiting professor permits 24 shall be made to the Department, in writing, on forms 25 prescribed by the Department and shall be accompanied by 26 the required fee established by rule, which shall not be 27 refundable. Any application shall require the 28 information as, in the judgment of the Department, will 29 enable the Department to pass on the qualifications of 30 the applicant. 31 (3) A visiting professor permit shall be valid for 32 one year from the date of issuance or until the time the SB745 Engrossed -875- LRB9101253EGfg 1 faculty appointment is terminated, whichever occurs 2 first, and may be renewed only once. 3 (4) The applicant may be required to appear before 4 the Medical Licensing Board for an interview prior to, 5 and as a requirement for, the issuance of the original 6 permit and the renewal. 7 (5) Persons holding a permit under this Section 8 shall only practice medicine in all of its branches or 9 practice the treatment of human ailments without the use 10 of drugs and without operative surgery in the State of 11 Illinois in their official capacity under their contract. 12 (B) Visiting physician permit. 13 (1) The Department may, in its discretion, issue a 14 temporary visiting physician permit, without examination, 15 provided: 16 (a) (blank); 17 (b) that the person maintains an equivalent 18 authorization to practice medicine in all of its 19 branches or to practice the treatment of human 20 ailments without the use of drugs and without 21 operative surgery in good standing in his or her 22 native licensing jurisdiction during the period of 23 the temporary visiting physician permit; 24 (c) that the person has received an invitation 25 or appointment to study, demonstrate, or perform a 26 specific medical, osteopathic, chiropractic or 27 clinical subject or technique in a medical, 28 osteopathic, or chiropractic school, a hospital 29 licensed under the Hospital Licensing Act, a 30 hospital organized under the University of Illinois 31 Hospital Act, or a facility operated pursuant to the 32 Ambulatory Surgical Treatment Center Act; and 33 (d) that the temporary visiting physician 34 permit shall only permit the holder to practice SB745 Engrossed -876- LRB9101253EGfg 1 medicine in all of its branches or practice the 2 treatment of human ailments without the use of drugs 3 and without operative surgery within the scope of 4 the medical, osteopathic, chiropractic, or clinical 5 studies for which the holder was invited or 6 appointed. 7 (2) The application for the temporary visiting 8 physician permit shall be made to the Department, in 9 writing, on forms prescribed by the Department, and shall 10 be accompanied by the required fee established by rule, 11 which shall not be refundable. The application shall 12 require information that, in the judgment of the 13 Department, will enable the Department to pass on the 14 qualification of the applicant, and the necessity for the 15 granting of a temporary visiting physician permit. 16 (3) A temporary visiting physician permit shall be 17 valid for 180 days from the date of issuance or until the 18 time the medical, osteopathic, chiropractic, or clinical 19 studies are completed, whichever occurs first. 20 (4) The applicant for a temporary visiting 21 physician permit may be required to appear before the 22 Medical Licensing Board for an interview prior to, and as 23 a requirement for, the issuance of a temporary visiting 24 physician permit. 25 (5) A limited temporary visiting physician permit 26 shall be issued to a physician licensed in another state 27 who has been requested to perform emergency procedures in 28 Illinois if he or she meets the requirements as 29 established by rule. 30 (C) Visiting resident permit. 31 (1) The Department may, in its discretion, issue a 32 temporary visiting resident permit, without examination, 33 provided: 34 (a) (blank); SB745 Engrossed -877- LRB9101253EGfg 1 (b) that the person maintains an equivalent 2 authorization to practice medicine in all of its 3 branches or to practice the treatment of human 4 ailments without the use of drugs and without 5 operative surgery in good standing in his or her 6 native licensing jurisdiction during the period of 7 the temporary visiting resident permit; 8 (c) that the applicant is enrolled in a 9 postgraduate clinical training program outside the 10 State of Illinois that is approved by the 11 Department; 12 (d) that the individual has been invited or 13 appointed for a specific period of time to perform a 14 portion of that post graduate clinical training 15 program under the supervision of an Illinois 16 licensed physician in an Illinois patient care 17 clinic or facility that is affiliated with the 18 out-of-State post graduate training program; and 19 (e) that the temporary visiting resident 20 permit shall only permit the holder to practice 21 medicine in all of its branches or practice the 22 treatment of human ailments without the use of drugs 23 and without operative surgery within the scope of 24 the medical, osteopathic, chiropractic or clinical 25 studies for which the holder was invited or 26 appointed. 27 (2) The application for the temporary visiting 28 resident permit shall be made to the Department, in 29 writing, on forms prescribed by the Department, and shall 30 be accompanied by the required fee established by rule. 31 The application shall require information that, in the 32 judgment of the Department, will enable the Department to 33 pass on the qualifications of the applicant. 34 (3) A temporary visiting resident permit shall be SB745 Engrossed -878- LRB9101253EGfg 1 valid for 180 days from the date of issuance or until the 2 time the medical, osteopathic, chiropractic, or clinical 3 studies are completed, whichever occurs first. 4 (4) The applicant for a temporary visiting resident 5 permit may be required to appear before the Medical 6 Licensing Board for an interview prior to, and as a 7 requirement for, the issuance of a temporary visiting 8 resident permit. 9 (Source: P.A. 88-564, eff. 1-1-95; 89-702, eff. 7-1-97; 10 revised 10-31-98.) 11 (225 ILCS 60/21) (from Ch. 111, par. 4400-21) 12 Sec. 21. License renewal; restoration; inactive status; 13 disposition and collection of fees. 14 (A) Renewal. The expiration date and renewal period for 15 each license issued under this Act shall be set by rule. The 16 holder of a license may renew thesuchlicense by paying the 17 required fee. The holder of a license may also renew the 18 license within 90 days after its expiration by complying with 19 the requirements for renewal and payment of an additional 20 fee. A license renewal within 90 days after expiration shall 21 be effective retroactively to the expiration date. 22 The Department shall mail to each licensee under this 23 Act, at his or herto theirlast knownplace ofaddress, at 24 least 60 days in advance of the expiration date of his or her 25theirlicense, a notice of that fact and an application for 26 renewal form. No such license shall be deemed to have lapsed 27 until 90 days after the expiration date and after such notice 28 and application have been mailed by the Department as herein 29 provided. 30 (B) Restoration. Any licensee who has permitted his or 31 hertheirlicense to lapse or who has had his or hertheir32 license on inactive status may have his or hertheirlicense 33 restored by making application to the Department and filing SB745 Engrossed -879- LRB9101253EGfg 1 proof acceptable to the Department of his or hertheir2 fitness to have thetheirlicense restored, including 3 evidence certifying to active practice in another 4 jurisdiction satisfactory to the Department, proof of meeting 5 the continuing education requirements for one renewal period, 6 and by paying the required restoration fee. 7 If the licensee has not maintained an active practice in 8 another jurisdiction satisfactory to the Department, the 9 Licensing Board shall determine, by an evaluation program 10 established by rule, the applicant'stheirfitness to resume 11 active status and may require the licensee to complete a 12 period of evaluated clinical experience and may require 13 successful completion of the practical examination. 14 However, any registrant whose license has expired while 15 he or she hasthey havebeen engaged (a) in Federal Service 16 on active duty with the Army of the United States, the United 17 States Navy, the Marine Corps, the Air Force, the Coast 18 Guard, the Public Health Service or the State Militia called 19 into the service or training of the United States of America, 20 or (b) in training or education under the supervision of the 21 United States preliminary to induction into the military 22 service, may have his or hertheirlicense reinstated or 23 restored without paying any lapsed renewal fees, if within 2 24 years after honorable termination of such service, training, 25 or education, he or she furnishes tothey furnishthe 26 Department with satisfactory evidence to the effect that he 27 or she hasthey havebeen so engaged and that his or her 28theirservice, training, or education has been so terminated. 29 (C) Inactive licenses. Any licensee who notifies the 30 Department, in writing on forms prescribed by the Department, 31 may elect to place his or hertheirlicense on an inactive 32 status and shall, subject to rules of the Department, be 33 excused from payment of renewal fees until he or she notifies 34they notifythe Department in writing of his or hertheirSB745 Engrossed -880- LRB9101253EGfg 1 desire to resume active status. 2 Any licensee requesting restoration from inactive status 3 shall be required to pay the current renewal fee, provide 4 proof of meeting the continuing education requirements for 5 the period of time the license is inactive not to exceed one 6 renewal period, and shall be required to restore his or her 7theirlicense,as provided in subsection (B). 8 Any licensee whose license is in an inactive status shall 9 not practice in the State of Illinois. 10 (D) Disposition of monies collected. All monies 11 collected under this Act by the Department shall be deposited 12 in the Illinois State Medical Disciplinary Fund in the State 13 Treasury, and used only for the following purposes: (a) by 14 the Medical Disciplinary Board in the exercise of its powers 15 and performance of its duties, as such use is made by the 16 Department with full consideration of all recommendations of 17 the Medical Disciplinary Board, (b) for costs directly 18 related to persons licensed under this Act, and (c) for 19 direct and allocable indirect costs related to the public 20 purposes of the Department of Professional Regulation. 21 Moneys in the Fund may be transferred to the Professions 22 Indirect Cost Fund as authorized under Section 61e of the 23 Civil Administrative Code of Illinois. 24 All earnings received from investment of monies in the 25 Illinois State Medical Disciplinary Fund shall be deposited 26 in the Illinois State Medical Disciplinary Fund and shall be 27 used for the same purposes as fees deposited in such Fund. 28 (E) Fees. The following fees are nonrefundable. 29 (1) Applicants for any examination shall be 30 required to pay, either to the Department or to the 31 designated testing service, a fee covering the cost of 32 determining the applicant's eligibility and providing the 33 examination. Failure to appear for the examination on the 34 scheduled date, at the time and place specified, after SB745 Engrossed -881- LRB9101253EGfg 1 the applicant's application for examination has been 2 received and acknowledged by the Department or the 3 designated testing service, shall result in the 4 forfeiture of the examination fee. 5 (2) The fee for a license under Section 9 of this 6 Act is $300. 7 (3) The fee for a license under Section 19 of this 8 Act is $300. 9 (4) The fee for the renewal of a license for a 10 resident of Illinois shall be calculated at the rate of 11 $100 per year, except for licensees who were issued a 12 license within 12 months of the expiration date of the 13 license, the fee for the renewal shall be $100. The fee 14 for the renewal of a license for a nonresident shall be 15 calculated at the rate of $200 per year, except for 16 licensees who were issued a license within 12 months of 17 the expiration date of the license, the fee for the 18 renewal shall be $200. 19 (5) The fee for the restoration of a license other 20 than from inactive status, is $100. In addition, payment 21 of all lapsed renewal fees not to exceed $600 is 22 required. 23 (6) The fee for a 3-year temporary license under 24 Section 17 is $100. 25 (7) The fee for the issuance of a duplicate 26 license, for the issuance of a replacement license for a 27 license which has been lost or destroyed, or for the 28 issuance of a license with a change of name or address 29 other than during the renewal period is $20. No fee is 30 required for name and address changes on Department 31 records when no duplicate license is issued. 32 (8) The fee to be paid for a license record for any 33 purpose is $20. 34 (9) The fee to be paid to have the scoring of an SB745 Engrossed -882- LRB9101253EGfg 1 examination, administered by the Department, reviewed and 2 verified, is $20 plus any fees charged by the applicable 3 testing service. 4 (10) The fee to be paid by a licensee for a wall 5 certificate showing his or hertheirlicense shall be the 6 actual cost of producing thesuchcertificate. 7 (11) The fee for a roster of persons licensed as 8 physicians in this State shall be the actual cost of 9 producing such a roster. 10 (F) Any person who delivers a check or other payment to 11 the Department that is returned to the Department unpaid by 12 the financial institution upon which it is drawn shall pay to 13 the Department, in addition to the amount already owed to the 14 Department, a fine of $50. If the check or other payment was 15 for a renewal or issuance fee and that person practices 16 without paying the renewal fee or issuance fee and the fine 17 due, an additional fine of $100 shall be imposed. The fines 18 imposed by this Section are in addition to any other 19 discipline provided under this Act for unlicensed practice or 20 practice on a nonrenewed license. The Department shall notify 21 the person that payment of fees and fines shall be paid to 22 the Department by certified check or money order within 30 23 calendar days of the notification. If, after the expiration 24 of 30 days from the date of the notification, the person has 25 failed to submit the necessary remittance, the Department 26 shall automatically terminate the license or certificate or 27 deny the application, without hearing. If, after termination 28 or denial, the person seeks a license or certificate, he or 29 she shall apply to the Department for restoration or issuance 30 of the license or certificate and pay all fees and fines due 31 to the Department. The Department may establish a fee for the 32 processing of an application for restoration of a license or 33 certificate to pay all expenses of processing this 34 application. The Director may waive the fines due under this SB745 Engrossed -883- LRB9101253EGfg 1 Section in individual cases where the Director finds that the 2 fines would be unreasonable or unnecessarily burdensome. 3 (Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff. 4 7-1-97; revised 10-31-98.) 5 Section 129. The Nursing and Advanced Practice Nursing 6 Act is amended by changing Section 20-120 as follows: 7 (225 ILCS 65/20-120) 8 Sec. 20-120. Order of Director. An order regarding any 9 disciplinary action,or a certified copy thereof, over the 10 seal of the Department and purporting to be signed by the 11 Director, shall be prima facie evidence that: 12 (a) thesuchsignature is the genuine signature of 13 the Director; 14 (b) thethat suchDirector is duly appointed and 15 qualified; and 16 (c)thatthe Board and the Board members are 17 qualified to act. 18 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98; 19 revised 9-21-98.) 20 Section 130. The Illinois Occupational Therapy Practice 21 Act is amended by changing Sections 8, 9, 19, and 19.10 as 22 follows: 23 (225 ILCS 75/8) (from Ch. 111, par. 3708) 24 Sec. 8. A person shall be qualified for licensure as an 25 occupational therapist if that person: 26 (1)A. That personhas applied in writing in form 27 and substance to the Department;and28 (2)(1)is a citizen of the United States or a 29 lawfully admitted alien, in status, registered with the 30 United States Department of Justice, Division of SB745 Engrossed -884- LRB9101253EGfg 1 Immigration and Naturalization; 2 (3)(2)has completed an occupational therapy 3 program of at least 4 years in length, leading to a 4 baccalaureate degree, or its equivalent, approved by the 5 Department; and.6 (4)B. That personhas successfully completed the 7 examination authorized by the Department within the past 8 5 years. 9 (Source: P.A. 86-596; 87-1237; revised 10-31-98.) 10 (225 ILCS 75/9) (from Ch. 111, par. 3709) 11 Sec. 9. A person shall be qualified for licensure as an 12 occupational therapy assistant if that person: 13 (1)A. That personhas applied in writing in form 14 and substance to the Department;and15 (2)(1)is a citizen of the United States or a 16 lawfully admitted alien, in status, registered with the 17 United States Department of Justice, Division of 18 Immigration and Naturalization; 19 (3)(2)has completed an occupational therapy 20 program of at least 2 years in length leading to an 21 associate degree, or its equivalent, approved by the 22 Department; and 23 (4)B. That personhas successfully completed the 24 examination authorized by the Department within the past 25 5 years. 26 (Source: P.A. 86-596; 87-1237; revised 10-31-98.) 27 (225 ILCS 75/19) (from Ch. 111, par. 3719) 28 Sec. 19. (a) The Department may refuse to issue or 29 renew, or may revoke, suspend, place on probation, reprimand 30 or take other disciplinary action as the Department may deem 31 proper, including fines not to exceed $2,500 for each 32 violation, with regard to any license for any one or SB745 Engrossed -885- LRB9101253EGfg 1 combination of the following: 2 (1) Material misstatement in furnishing information 3 to the Department; 4 (2) Wilfully violating this Act, or of the rules 5 promulgated thereunder; 6 (3) Conviction of any crime under the laws of the 7 United States or any state or territory thereof which is 8 a felony or which is a misdemeanor, an essential element 9 of which is dishonesty, or of any crime which is directly 10 related to the practice of occupational therapy; 11 (4) Making any misrepresentation for the purpose of 12 obtaining certification, or violating any provision of 13 this Act or the rules promulgated thereunder pertaining 14 to advertising; 15 (5) Having demonstrated unworthiness, or 16 incompetency to act as an occupational therapist or 17 occupational therapy assistant in such manner as to 18 safeguard the interest of the public; 19 (6) Wilfully aiding or assisting another person, 20 firm, partnership or corporation in violating any 21 provision of this Act or rules; 22 (7) Failing, within 60 days, to provide information 23 in response to a written request made by the Department; 24 (8) Engaging in dishonorable, unethical or 25 unprofessional conduct of a character likely to deceive, 26 defraud or harm the public; 27 (9) Habitual intoxication or addiction to the use 28 of drugs; 29 (10) Discipline by another state, the District of 30 Columbia, a territory, or foreign nation, if at least one 31 of the grounds for the discipline is the same or 32 substantially equivalent to those set forth herein; 33 (11) Directly or indirectly giving to or receiving 34 from any person, firm, corporation, partnership or SB745 Engrossed -886- LRB9101253EGfg 1 association any fee, commission, rebate or other form of 2 compensation for professional services not actually or 3 personally rendered; 4 (12) A finding by the Department that the license 5 holder, after having his license disciplined, has 6 violated the terms of the discipline; 7 (13) Wilfully making or filing false records or 8 reports in the practice of occupational therapy, 9 including but not limited to false records filed with the 10 State agencies or departments; 11 (14) Physical illness, including but not limited 12 to, deterioration through the aging process, or loss of 13 motor skill which results in the inability to practice 14 the profession with reasonable judgment, skill or safety; 15 (15) Solicitation of professional services other 16 than by permitted advertising; 17 (16) Wilfully exceeding the scope of practice 18 customarily undertaken by persons licensed under this 19 Act, which conduct results in, or may result in, harm to 20 the public; 21 (17) Holding one's self out to practice 22 occupational therapy under any name other than his own or 23 impersonation of any other occupational therapy licensee 24license; 25 (18) Gross negligence; 26 (19) Malpractice; 27 (20) Obtaining a fee in money or gift in kind of 28 any other items of value or in the form of financial 29 profit or benefit as personal compensation, or as 30 compensation, or charge, profit or gain for an employer 31 or for any other person or persons, on the fraudulent 32 misrepresentation that a manifestly incurable condition 33 of sickness, disease or injury to any person can be 34 cured; SB745 Engrossed -887- LRB9101253EGfg 1 (21) Accepting commissions or rebates or other 2 forms of remuneration for referring persons to other 3 professionals; 4 (22) Failure to file a return, or to pay the tax, 5 penalty or interest shown in a filed return, or to pay 6 any final assessment of tax, penalty or interest, as 7 required by any tax Act administered by the Illinois 8 Department of Revenue, until such time as the 9 requirements of any such tax Act are satisfied; 10 (23) Violating the Health Care Worker Self-Referral 11 Act; and 12 (24) Having treated patients other than by the 13 practice of occupational therapy as defined in this Act, 14 or having treated patients as a licensed occupational 15 therapist independent of a referral from a physician, or 16 having failed to notify the physician who established a 17 diagnosis that the patient is receiving occupational 18 therapy pursuant to that diagnosis. 19 (b) The determination by a circuit court that a license 20 holder is subject to involuntary admission or judicial 21 admission as provided in the Mental Health and Developmental 22 Disabilities Code, as now or hereafter amended, operates as 23 an automatic suspension. Such suspension will end only upon 24 a finding by a court that the patient is no longer subject to 25 involuntary admission or judicial admission, an order by the 26 court so finding and discharging the patient, and the 27 recommendation of the Board to the Director that the license 28 holder be allowed to resume his practice. 29 (Source: P.A. 87-1207; 88-424; revised 10-31-98.) 30 (225 ILCS 75/19.10) (from Ch. 111, par. 3729) 31 Sec. 19.10. Order or certified copy; prima facie proof. 32 An order or a certified copy thereof, over the seal of the 33 Department and purporting to be signed by the Director, shall SB745 Engrossed -888- LRB9101253EGfg 1 be prima facie proof that:thereof and2 (1)Thatthe signature is the genuine signature of 3 the Director; 4 (2)Thatthe Director is duly appointed and 5 qualified; and 6 (3)Thatthe Board and the members thereof are 7 qualified to act. 8 (Source: P.A. 83-696; revised 4-20-98.) 9 Section 131. The Illinois Optometric Practice Act of 10 1987 is amended by changing Section 26.10 as follows: 11 (225 ILCS 80/26.10) (from Ch. 111, par. 3926.10) 12 Sec. 26.10. Order or certified copy as prima facie 13 proof. An order or a certified copy thereof, over the seal 14 of the Department and purporting to be signed by the 15 Director, shall be prima facie proof thatthereof: 16 (a) theThat suchsignature is the genuine 17 signature of the Director; 18 (b) theThat suchDirector is duly appointed and 19 qualified; and 20 (c)Thatthe Board and the membersmemberthereof 21 are qualified to act. 22 (Source: P.A. 89-702, eff. 7-1-97; revised 4-10-98.) 23 Section 132. The Pharmacy Practice Act of 1987 is 24 amended by changing Section 35.13 as follows: 25 (225 ILCS 85/35.13) (from Ch. 111, par. 4155.13) 26 Sec. 35.13. Order or certified copy; prima facie proof. 27 An order or a certified copy thereof, over the seal of the 28 Department and purporting to be signed by the Director, shall 29 be prima facie proof that:thereof;30 (a) thethat suchsignature is the genuine SB745 Engrossed -889- LRB9101253EGfg 1 signature of the Director; 2 (b) thethat suchDirector is duly appointed and 3 qualified; and 4 (c)thatthe Board and the members thereof are 5 qualified to act. 6 (Source: P.A. 85-796; revised 4-10-98.) 7 Section 133. The Illinois Physical Therapy Act is 8 amended by changing Sections 3, 8, and 26 as follows: 9 (225 ILCS 90/3) (from Ch. 111, par. 4253) 10 Sec. 3. Powers and duties of the Department. Subject to 11 the provisions of this Act, the Department shall: 12 1. Prescribe rules defining what constitutes a 13 curriculum for physical therapy that is reputable and in good 14 standing. 15 2. Adopt rules providing for the establishment of a 16 uniform and reasonable standard of instruction and 17 maintenance to be observed by all curricula for physical 18 therapy which are approved by the Department; and determine 19 the reputability and good standing of such curricula for 20 physical therapy by reference to compliance with such rules, 21 provided that no school of physical therapy that refuses 22 admittance to applicants solely on account of race, color, 23 creed, sex or national origin shall be considered reputable 24 and in good standing. 25 3. Prescribe and publish rules for a method of 26 examination of candidates for licensed physical therapists 27 and licensed physical therapist assistants and for issuance 28 of licenses authorizing candidates upon passing examination 29 to practice as licensed physical therapists and licensed 30 physical therapist assistants. 31 4. Review application to ascertain the qualifications of 32 applicants for licenses. SB745 Engrossed -890- LRB9101253EGfg 1 5. Authorize examinations to ascertain the 2 qualifications of those applicants who require such 3 examinations as a component of a license. 4 6. Conduct hearings on proceedings to refuse to issue 5 licenses and to discipline persons who are licensed under 6 this Act and refuse to issue such licenses, and to discipline 7 such licensees, or to refuse to issue a license to any person 8 who has practiced physical therapy in violation of this Act, 9 prior to applying for a license. 10 7. Formulate rules required for the administration of 11 this Act. 12 8.The Department shallMaintain a list of licensed 13 physical therapists and licensed physical therapist 14 assistants authorized to practice in the State. This list 15 shall show the name of every licensee, his last known place 16 of residence and the date and number of his or her license. 17 Any interested person in the State may obtain a copy of that 18 list on application to the Department and payment of the 19 required fee. 20 9.The Department shallExercise the powers and duties 21 prescribed by the Civil Administrative Code of Illinois for 22 the administration of licensing Acts. 23 (Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.) 24 (225 ILCS 90/8) (from Ch. 111, par. 4258) 25 Sec. 8. Qualifications for licensure as a Physical 26 Therapist. 27 (a) A person is qualified to receive a license as a 28 physical therapist if that person has applied in writing, on 29 forms prescribed by the Department, has paid the required 30 fees, and meets all of the following requirements: 31 (1) He or she is at least 18 years of age and of 32 good moral character. In determining moral character, the 33 Department may take into consideration any felony SB745 Engrossed -891- LRB9101253EGfg 1 conviction of the applicant, but such a conviction shall 2 not operate automatically as a complete bar to a license. 3;4 (2) He or she has graduated from a curriculum in 5 physical therapy approved by the Department. In 6 approving a curriculum in physical therapy, the 7 Department shall consider, but not be bound by, 8 accreditation by the Commission on Accreditation in 9 Physical Therapy Education. A person who graduated from a 10 physical therapy program outside the United States or its 11 territories shall have his or her degree validated as 12 equivalent to a physical therapy degree conferred by a 13 regionally accredited college or university in the United 14 States. The Department may establish by rule a method 15 for the completion of course deficiencies.; and16 (3) He or she has passed an examination approved by 17 the Department to determine his fitness for practice as a 18 physical therapist, or is entitled to be licensed without 19 examination as provided in Sections 10 and 11 of this 20 Act. A person who graduated from a physical therapy 21 program outside the United States or its territories and 22 whose first language is not English shall submit 23 certification of passage of the Test of English as a 24 Foreign Language (TOEFL) and the Test of Spoken English 25 (TSE) as defined by rule prior to taking the licensure 26 examination. 27 (b)(4)The Department reserves the right and may 28 request a personal interview of an applicant before the 29 Committee to further evaluate his or her qualifications for a 30 license. 31 (Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.) 32 (225 ILCS 90/26) (from Ch. 111, par. 4276) 33 Sec. 26. Order or certified copy;Thereof -prima facie SB745 Engrossed -892- LRB9101253EGfg 1 proof. An order or a certified copy thereof, over the seal 2 of the Department and purporting to be signed by the 3 Director, shall be prima facie proof that:thereof;4 (a) theThat suchsignature is the genuine 5 signature of the Director; 6 (b) theThat suchDirector is duly appointed and 7 qualified; and 8 (c)thatthe Committee and the members thereof are 9 qualified to act. 10 (Source: P.A. 84-595; revised 4-10-98.) 11 Section 134. The Physician Assistant Practice Act of 12 1987 is amended by changing Section 22.10 as follows: 13 (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10) 14 Sec. 22.10. Order or certified copy; prima facie proof. 15 An order or a certified copy thereof, over the seal of the 16 Department and purporting to be signed by the Director, shall 17 be prima facie proof that:thereof;18 (a) theThat suchsignature is the genuine 19 signature of the Director; 20 (b) theThat suchDirector is duly appointed and 21 qualified; and 22 (c)Thatthe Disciplinary Board and the members 23 thereof are qualified to act. 24 (Source: P.A. 85-981; revised 4-10-98.) 25 Section 135. The Podiatric Medical Practice Act of 1987 26 is amended by changing Sections 35 and 36 as follows: 27 (225 ILCS 100/35) (from Ch. 111, par. 4835) 28 Sec. 35. Order or certified copy;thereof -prima facie 29 proof. An order or a certified copy thereof, over the seal 30 of the Department and purporting to be signed by the SB745 Engrossed -893- LRB9101253EGfg 1 Director, shall be prima facie proof that:thereof and2 (a) thethat such asignature is the genuine 3 signature of the Director; 4 (b) thethat suchDirector is duly appointed and 5 qualified; and 6 (c)thatthe Board and the members thereof are 7 qualified to act. 8 (Source: P.A. 85-918; revised 4-10-98.) 9 (225 ILCS 100/36) (from Ch. 111, par. 4836) 10 Sec. 36. Restoration of suspended or revoked license 11licensed. At any time after the suspension or revocation of 12 any license, the Department may restore it to the accused 13 person,upon the written recommendation of the Board, unless 14 after an investigation and a hearing,the Board determines 15 that restoration is not in the public interest. 16 (Source: P.A. 85-918; revised 10-31-98.) 17 Section 136. The Professional Boxing and Wrestling Act 18 is amended by changing Section 23 as follows: 19 (225 ILCS 105/23) (from Ch. 111, par. 5023) 20 Sec. 23. Fees. The following fees are not refundable: 21 1. The fee for a permit to hold an athletic event shall 22 be $25. 23 2. The fee for a license as a boxing promoter shall be 24 $300 and the fee for renewal shall be calculated at the rate 25 of $150 per year. 26 3. (Blank).The fee for a license as a boxing promoter27shall be $300 and the fee for renewal shall be calculated at28the rate of $150 per year.29 4. The fee for a license as boxing contestant shall be 30 $20 and the fee for renewal shall be calculated at the rate 31 of $10 per year. SB745 Engrossed -894- LRB9101253EGfg 1 5. The fee for a license as a referee shall be $100 and 2 the fee for renewal shall be calculated at the rate of $50 3 per year. 4 6. The fee for a license as a judge shall be $10 and the 5 fee for renewal shall be calculated at the rate of $5 per 6 year. 7 7. The fee for a license as a manager shall be $50 and 8 the fee for renewal shall be calculated at the rate of $25 9 per year. 10 8. The fee for a license as a trainer (second) shall be 11 $10, and the fee for renewal shall be calculated at the rate 12 of $5 per year. 13 9. The fee for a license as a timekeeper shall be $50 14 and the fee for renewal shall be calculated at the rate of 15 $25 per year. 16 10. The fee for a registration of a wrestling promoter 17 shall be $300 and the fee for renewal shall be calculated at 18 the rate of $150 per year. 19 (Source: P.A. 82-522; revised 10-28-98.) 20 Section 137. The Respiratory Care Practice Act is 21 amended by changing Section 60 as follows: 22 (225 ILCS 106/60) 23 Sec. 60. Professional identification.(a)A person who 24 is licensed with the Department of Professional Regulation in 25 this State may use the title,"respiratory care practitioner" 26 and the abbreviation "RCP". 27 (Source: P.A. 89-33, eff. 1-1-96; revised 10-31-98.) 28 Section 138. The Veterinary Medicine and Surgery 29 Practice Act of 1994 is amended by changing Sections 25.10 30 and 28 as follows: SB745 Engrossed -895- LRB9101253EGfg 1 (225 ILCS 115/25.10) (from Ch. 111, par. 7025.10) 2 Sec. 25.10. Order or certified copy; prima facie proof. 3 An order or a certified copy thereof, over the seal of the 4 Department and purporting to be signed by the Director, shall 5 be prima facie proof thatthereof: 6 (a) theThat suchsignature is the genuine 7 signature of the Director; 8 (b) theThat suchDirector is duly appointed and 9 qualified; and 10 (c)Thatthe Board and the members thereof are 11 qualified to act. 12 (Source: P.A. 83-1016; revised 10-14-98.) 13 (225 ILCS 115/28) (from Ch. 111, par. 7028) 14 Sec. 28. Previous laws. Rights and obligations incurred 15 and any actions commenced under the Veterinary Medicine and 16 Surgery Practice Act, as that Actor the Veterinary Medicine17and Surgery Practice Act of 1983 as those Actsexisted prior 18 to the effective date of this Act, shall not be impaired by 19 the enactment of this Act. Rights and obligations incurred 20 and any actions commenced under this Act as it existed prior 21 to the effective date of Public Act 88-424 shall not be 22 impaired by the enactment of that amendatory Act. Rules 23 adopted under the former ActActs, unless clearly 24 inconsistent with the provisions of this Act, shall remain in 25 effect until amended or rescinded. 26 All licenses legally issued in this State permitting the 27 holder thereof to practice veterinary medicine and surgery 28 and valid and in effect on the taking effect of this Act 29 shall have the same force, and be subject to the same 30 authority of the Department to revoke or suspend them, as 31 licenses issued under this Act. 32 (Source: P.A. 88-424; revised 8-10-98.) SB745 Engrossed -896- LRB9101253EGfg 1 Section 139. The Wholesale Drug Distribution Licensing 2 Act is amended by changing Sections 75 and 140 as follows: 3 (225 ILCS 120/75) (from Ch. 111, par. 8301-75) 4 Sec. 75. Automatic suspension. The determination by a 5 circuit court that a licensee is subject to involuntary 6 admission or judicial admission as provided in the Mental 7 Health and Developmental Disabilities Code operates as an 8 automatic suspension. The suspension shall end only upon (i) 9 a finding by a court that the patient is nonotlonger 10 subject to involuntary admission or judicial admission and 11 the issuance of an order so finding and discharging the 12 patient and (ii) the recommendation of the Board to the 13 Director that the licensee be allowed to resume his or her 14 practice. 15 (Source: P.A. 87-594; revised 10-31-98.) 16 (225 ILCS 120/140) (from Ch. 111, par. 8301-140) 17 Sec. 140. Orders; prima facie proof. An order or a 18 certified copy thereof, over the seal of the Department and 19 purporting to be signed by the Director, shall be prima facie 20 proof that:;21 (a)thatthe signature is the genuine signature of 22 the Director; 23 (b)thatthe Director is duly appointed and 24 qualified; and 25 (c)thatthe Board and its members are qualified to 26 act. 27 (Source: P.A. 87-594; revised 10-14-98.) 28 Section 140. The Illinois Explosives Act is amended by 29 changing Section 2005 as follows: 30 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005) SB745 Engrossed -897- LRB9101253EGfg 1 Sec. 2005. Qualifications for licensure. A person is 2 qualified to receive a license under this Act if the person 3 meets the following minimum requirements: 4 (1) is at least 21 years of age; 5 (2) has not willfully violated any provisions of 6 this Act; 7 (3) has not made any material misstatement or 8 knowingly withheld information in connection with any 9 original or renewal application; 10 (4) has not been declared incompetent by any 11 competent court by reasons of mental or physical defect 12 or disease unless a court has since declared him 13 competent; 14 (5) does not abuse alcohol or prescription drugs or 15 use illegal drugs; 16 (6) has not been convicted in any jurisdiction of 17 any felony within the prior 5 years; 18 (7) is not a fugitive from justice;and19 (8) is of good moral character. Convictions of 20 crimes not listed in subsection (6) of this Section may 21 be taken into account in determining moral character but 22 shall not operate as an absolute bar to licensure; and 23 (9) has passed the oral and written examinations 24 required under Section 2004 of this Act. 25 A licensee shall continue to meet these requirements in 26 order to maintain his license. 27 (Source: P.A. 87-835; 88-599, eff. 9-1-94; revised 10-31-98.) 28 (225 ILCS 220/0.01 rep.) 29 Section 141. The Hazardous Waste Equipment Operators and 30 Laborers Licensing Act (Public Act 85-1195) is amended by 31 repealing Section 0.01. 32 Section 142. The Illinois Architecture Practice Act of SB745 Engrossed -898- LRB9101253EGfg 1 1989 is amended by changing Section 30 as follows: 2 (225 ILCS 305/30) (from Ch. 111, par. 1330) 3 Sec. 30. Order to be prima facie proof. An order of 4 revocation or suspension or a certified copy thereof, over 5 the seal of the Department and purporting to be signed by the 6 Director, shall be prima facie proof that: 7 (a) theSuchsignature is the genuine signature of 8 the Director;.9 (b) theThat suchDirector is duly appointed and 10 qualified; and.11 (c)Thatthe Board and the members thereof are 12 qualified to act. 13 Such proof may be rebutted. 14 (Source: P.A. 86-702; revised 4-10-98.) 15 Section 143. The Interior Design Profession Title Act is 16 amended by changing Sections 4, 13, and 29 as follows: 17 (225 ILCS 310/4) (from Ch. 111, par. 8204) 18 Sec. 4. (a) No individual shall, without a valid 19 registration as an interior designer issued by the 20 Department, in any manner hold himself out to the public as 21 an interior designer or attach the title "interior designer" 22 or any other name or designation which would in any way imply 23 that he is able to use the title "interior designer" as 24 defined in this Act. No individual shall, without a valid 25 registration as a residential interior designer issued by the 26 Department, in any manner hold himself out to the public as a 27 residential interior designer, or use the title "residential 28 interior designer" or any name or designation that would in 29 any way imply that he is able to use the title "residential 30 interior designer" as defined in this Act. 31 (a-5) Nothing in this Act shall be construed as SB745 Engrossed -899- LRB9101253EGfg 1 preventing or restricting the services offered or advertised 2 by an interior designer who is registered under this Act. 3 (b) Nothing in this Act shall prevent the employment, by 4 an interior designer or residential interior designer, 5 association, partnership, or a corporation furnishing 6 interior design or residential interior design services for 7 remuneration, of persons not registered as interior designers 8 or residential interior designers to perform services in 9 various capacities as needed, provided that the persons do 10 not represent themselves as, or use the title of, "interior 11 designer", "registered interior designer", "residential 12 interior designer" or "registered residential interior 13 designer". 14 (c) Nothing in this Act shall be construed to limit the 15 activities and use of the title "interior designer" or 16 "residential interior designer" on the part of a person not 17 registered under this Act who is a graduate of an interior 18 design program and a full-time employee of a duly chartered 19 institution of higher education insofar as such person 20 engages in public speaking, with or without remuneration, 21 provided that such person does not represent himself to be an 22 interior designer or use the title "registered interior 23 designer" or "registered residential interior designer". 24 (d) Nothing contained in this Act shall restrict any 25 person not registered under this Act from carrying out any of 26 the activities listed in the definition of "the profession of 27 interior design" inunder paragraph (f) ofSection 3(3)if 28 such person does not represent himself or his services in any 29 manner prohibited by this Act. 30 (e) Nothing in this Act shall be construed as preventing 31 or restricting the practice, services, or activities of any 32 person licensed in this State under any other law from 33 engaging in the profession or occupation for which he is 34 licensed. SB745 Engrossed -900- LRB9101253EGfg 1 (f) Nothing in this Act shall be construed as preventing 2 or restricting the practice, services, or activities of 3 engineers licensed under the Professional Engineering 4 Practice Act of 1989 or the Structural Engineering Licensing 5 Act of 1989; architects licensed pursuant to the Illinois 6 Architectural Practice Act of 1989; any interior decorator or 7 individual offering interior decorating services including, 8 but not limited to, the selection of surface materials, 9 window treatments, wall coverings, furniture, accessories, 10 paint, floor coverings, and lighting fixtures; or builders, 11 home furnishings salespersons, and similar purveyors of goods 12 and services relating to homemaking. 13 (g) Nothing in this Act or any other Act shall prevent a 14 licensed architect from practicing interior design services 15 or from using the title "interior designer" or "residential 16 interior designer". Nothing in this Act shall be construed 17 as requiring the services of an interior designer or 18 residential interior designer for the interior designing of a 19 single family residence. 20 (h) Nothing in this Act shall authorize interior 21 designers or residential interior designers to perform 22 services, including life safety services that they are 23 prohibited from performing, or any practice (i) that is 24 restricted in the Illinois Architecture Practice Act of 1989, 25 the Professional Engineering Practice Act of 1989, or the 26 Structural Engineering Licensing Act of 1989, or (ii) that 27 they are not authorized to perform under the Environmental 28 Barriers Act. 29 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.) 30 (225 ILCS 310/13) (from Ch. 111, par. 8213) 31 Sec. 13. Refusal, revocation or suspension of 32 registration. The Department may refuse to issue, renew, or 33 restore or may revoke, suspend, place on probation, reprimand SB745 Engrossed -901- LRB9101253EGfg 1 or take other disciplinary action as the Department may deem 2 proper, including fines not to exceed $5,000 for each 3 violation, with regard to any registration for any one or 4 combination of the following causes: 5 (a) Fraud in procuring the certificate of 6 registration. 7 (b) Habitual intoxication or addiction to the use 8 of drugs. 9 (c) Making any misrepresentations or false 10 promises, directly or indirectly, to influence, persuade, 11 or induce patronage. 12 (d) Professional connection or association with, or 13 lending his name, to another for illegal use of the title 14 "interior designer" or "residential interior designer", 15 or professional connection or association with any 16 person, firm, or corporation holding itself out in any 17 manner contrary to this Act. 18 (e) Obtaining or seeking to obtain checks, money, 19 or any other items of value by false or fraudulent 20 representations. 21 (f) Use of the title under a name other than his 22 own. 23 (g) Improper, unprofessional, or dishonorable 24 conduct of a character likely to deceive, defraud, or 25 harm the public. 26 (h) Conviction in this or another state, or federal 27 court, of any crime which is a felony, if the Department 28 determines, after investigation, that such person has not 29 been sufficiently rehabilitated to warrant the public 30 trust. 31 (i) A violation of any provision of this Act or its 32 rules. 33 (j) Revocation by another state, the District of 34 Columbia, territory, or foreign nation of an interior SB745 Engrossed -902- LRB9101253EGfg 1 design or residential interior design registration if at 2 least one of the grounds for that revocation is the same 3 as or the equivalent of one of the grounds for revocation 4 set forth in this Act. 5 (k) Mental incompetence as declared by a court of 6 competent jurisdiction. 7 (l) Being named as a perpetrator in an indicated 8 report by the Department of Children and Family Services 9 pursuant to the Abused and Neglected Child Reporting Act, 10 and upon proof by clear and convincing evidence that the 11 registrant has caused a child to be an abused child or 12 neglected child as defined in the Abused and Neglected 13 Child Reporting Act. 14 The Department shall deny a registration or renewal 15 authorized by this Act to any person who has defaulted on an 16 educational loan guaranteed by the Illinois Student 17 Assistance Commission; however, the Department may issue a 18 certificate of registration or renewal if such person has 19 established a satisfactory repayment record as determined by 20 the Illinois Student Assistance Commission. 21 The Department may refuse to issue or may suspend the 22 registration of any person who fails to file a return, or to 23 pay the tax, penalty, or interest showing in a filed return, 24 or to pay any final assessment of tax, penalty, or interest, 25 as required by any tax Act administered by the Illinois 26 Department of Revenue, until such time as the requirements of 27 any such tax Act are satisfied. 28 The entry of a decree by any circuit court establishing 29 that any person holding a certificate of registration under 30 this Act is a person subject to involuntary admission under 31 the Mental Health and Developmental Disabilities Code shall 32 operate as a suspension of that registration. That person 33 may resume using the title "interior designer" or 34 "residential interior designer" only upon a finding by the SB745 Engrossed -903- LRB9101253EGfg 1 Board that he has been determined to be no longer subject to 2 involuntary admission by the court and upon the Board's 3 recommendation to the Director that he be permitted to resume 4 using the title "interior designer" or "residential interior 5 designer". 6 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.) 7 (225 ILCS 310/29) (from Ch. 111, par. 8229) 8 Sec. 29. Illinois Administrative Procedure Act. The 9 Illinois Administrative Procedure Act is hereby expressly 10 adopted and incorporated herein as if all of the provisions 11 of that Act were included in this Act, except that the 12 provision of subsection (d) of Section 10-65 of the Illinois 13 AdministrativeAdministrationProcedure Act that provides 14 that at hearings the registrant has the right to show 15 compliance with all lawful requirements for retention, 16 continuation, or renewal of the registration is specifically 17 excluded. For the purposes of this Act, the notice required 18 under Section 10-25 of the Illinois Administrative Procedure 19 Act is deemed sufficient when mailed to the last known 20 address of a party. 21 (Source: P.A. 88-45; 88-650, eff. 9-16-94; revised 10-31-98.) 22 Section 144. The Illinois Landscape Architecture Act of 23 1989 is amended by changing Section 25 as follows: 24 (225 ILCS 315/25) (from Ch. 111, par. 8125) 25 Sec. 25. Order or certified copy; prima facie proof. An 26 order or a certified copy thereof, over the seal of the 27 Department and purporting to be signed by the Director, shall 28 be prima facie proof that: 29 (a) theSuchsignature is the genuine signature of 30 the Director;.31 (b) theThat suchDirector is duly appointed and SB745 Engrossed -904- LRB9101253EGfg 1 qualified; and.2 (c)Thatthe Board and the members thereof are 3 qualified to act. 4 (Source: P.A. 88-363; revised 4-10-98.) 5 Section 145. The Illinois Plumbing License Law is 6 amended by changing Section 25 as follows: 7 (225 ILCS 320/25) (from Ch. 111, par. 1124) 8 Sec. 25. Order or certified copy; prima facie proof. An 9 order of suspension, revocation, or reinstatement of a 10 license, or of dismissal of a complaint or petition, or a 11 certified copy of such an order, over the seal of the 12 Department and purporting to be signed by the Director, shall 13 be prima facie proof that: 14 (a) theSuchsignature is the genuine signature of 15 the Director; and.16 (b) theThat suchDirector is duly appointed and 17 qualified. 18 (Source: P.A. 83-878; revised 4-10-98.) 19 Section 146. The Illinois Professional Land Surveyor Act 20 of 1989 is amended by changing Section 37 as follows: 21 (225 ILCS 330/37) (from Ch. 111, par. 3287) 22 Sec. 37. Order or certified copy; prima facie proof. An 23 order or certified copy thereof, over the seal of the 24 Department and purporting to be signed by the Director, shall 25 be prima facie proof that: 26 (a) theSuchsignature is the genuine signature of 27 the Director;.28 (b)Thatthe Director is duly appointed and 29 qualified; and.30 (c)Thatthe Board and the members thereof are SB745 Engrossed -905- LRB9101253EGfg 1 qualified to act. 2 (Source: P.A. 86-987; revised 5-6-98.) 3 Section 147. The Structural Engineering Licensing Act of 4 1989 is amended by changing Section 28 as follows: 5 (225 ILCS 340/28) (from Ch. 111, par. 6628) 6 Sec. 28. Order or certified copy; prima facie proof. An 7 order or a certified copy thereof, over the seal of the 8 Department and purporting to be signed by the Director, shall 9 be prima facie proof that: 10 1. theSuchsignature is the genuine signature of 11 the Director;.12 2. theThat suchDirector is duly appointed and 13 qualified; and.14 3.Thatthe Board and the members thereof are 15 qualified to act. 16 Such proof may be rebutted. 17 (Source: P.A. 86-711; revised 5-6-98.) 18 Section 148. The Barber, Cosmetology, Esthetics, and 19 Nail Technology Act of 1985 is amended by changing Sections 20 1-11, 3-4, 3A-5, 3C-5, and 4-16 as follows: 21 (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11) 22 Sec. 1-11. Exceptions to Act. 23 (a) Nothing in this Act shall be construed to apply to 24 the educational activities conducted in connection with any 25 monthly, annual or other special educational program of any 26 bona fide association of licensed cosmetologists, 27 estheticians, nail technicians, or barbers, or licensed 28 cosmetology, esthetics, nail technology, or barber schools 29 from which the general public is excluded. 30 (b) Nothing in this Act shall be construed to apply to SB745 Engrossed -906- LRB9101253EGfg 1 the activities and services of registered nurses or licensed 2 practical nurses, as defined in the Nursing and Advanced 3 Practice Nursing Act, or to personal care or health care 4 services provided by individuals in the performance of their 5 duties as employed or authorized by facilities or programs 6 licensed or certified by State agencies. As used in this 7 subsection (b), "personal care" means assistance with meals, 8 dressing, movement, bathing, or other personal needs or 9 maintenance or general supervision and oversight of the 10 physical and mental well-being of an individual who is 11 incapable of maintaining a private, independent residence or 12 who is incapable of managing his or her person whether or not 13 a guardian has been appointed for that individual. The 14 definition of "personal care" as used in this subsection (b) 15 shall not otherwise be construed to negate the requirements 16 of this Act or its rules. 17 (c) Nothing in this Act shall be deemed to require 18 licensure of individuals employed by the motion picture, 19 film, television, stage play or related industry for the 20 purpose of providing cosmetology or esthetics services to 21 actors of that industry while engaged in the practice of 22 cosmetology or esthetics as a part of that person's 23 employment. 24 (Source: P.A. 89-387, eff. 1-1-96; 90-580, eff. 5-21-98; 25 90-742, eff. 8-13-98; revised 9-21-98.) 26 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4) 27 Sec. 3-4. Licensure as cosmetology teacher or cosmetology 28 clinic teacher; qualifications. 29 (a) A person is qualified to receive license as a 30 cosmetology teacher if that person has applied in writing on 31 forms provided by the Department, has paid the required fees, 32 and: 33 (1) is at least 18 years of age; SB745 Engrossed -907- LRB9101253EGfg 1 (2) has graduated from high school or its 2 equivalent; 3 (3) has a current license as a cosmetologist; 4 (4) has either: (i) completed 500 hours of teacher 5 training in a licensed school of cosmetology and had 2 6 years of practical experience as a licensed cosmetologist 7 within 5 years preceding the examination; or (ii) 8 completed 1,0001000hours of teacher training in a 9 licensed school of cosmetology;and10 (5) has passed an examination authorized by the 11 Department to determine fitness to receive a license as a 12 cosmetology teacher; and 13 (6) has met any other requirements of this Act. 14 A cosmetology teacher who teaches esthetics, in order to 15 be licensed, shall demonstrate, to the satisfaction of the 16 Department, current skills in the use of machines used in the 17 practice of esthetics. 18 An individual who receives a license as a cosmetology 19 teacher shall not be required to maintain an active 20 cosmetology license in order to practice cosmetology as 21 defined in this Act. 22 (b) A person is qualified to receive a license as a 23 cosmetology clinic teacher if he or she has applied in 24 writing on forms provided by the Department, has paid the 25 required fees, and: 26 (1) is at least 18 years of age; 27 (2) has graduated from high school or its 28 equivalent; 29 (3) has a current license as a cosmetologist; 30 (4) has completed 250 hours of clinic teacher 31 training in a licensed school of cosmetology and has 2 32 years of practical experience as a licensed cosmetologist 33 within 5 years preceding the examination; 34 (5) has passed an examination authorized by the SB745 Engrossed -908- LRB9101253EGfg 1 Department to determine fitness to receive a license as a 2 cosmetology teacher; and 3 (6) has met any other requirements of this Act. 4 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97; 5 revised 10-31-98.) 6 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5) 7 Sec. 3A-5. Examination. 8 (a) The Department shall authorize examinations of 9 applicants for a licenselicensesas an esthetician or 10 teacherestheticians, teachersof esthetics at such times and 11 places as it may determine. The Department shall authorize 12 no fewernot lessthan 4 examinations for a license as an 13 esthetician or a teacher ofestheticians,estheticsteachers14 in a calendar year. 15 If an applicant neglects, fails without an approved 16 excuse, or refuses to take the next available examination 17 offered for licensure under this Act, the fee paid by the 18 applicant shall be forfeited to the Department and the 19 application denied. If an applicant fails to pass an 20 examination for licensure under this Act within 3 years after 21 filing his or her application, the application shall be 22 denied. However, such applicant may thereafter make a new 23 application for examination, accompanied by the required fee, 24 if he or she meets the requirements in effect at the time of 25 reapplication. If an applicant for licensure as an 26 esthetician is unsuccessful at 3 examinations conducted by 27 the Department, the applicant shall, before taking a 28 subsequent examination, furnish evidence of not less than 125 29 hours of additional study of esthetics in an approved school 30 of cosmetology or esthetics since the applicant last took the 31 examination. If an applicant for licensure as an esthetics 32 teacher or esthetics clinic teacher is unsuccessful at 3 33 examinations conducted by the Department, the applicant SB745 Engrossed -909- LRB9101253EGfg 1 shall, before taking a subsequent examination, furnish 2 evidence of not less than 80 hours of additional study in 3 teaching methodology and educational psychology in a licensed 4 school of cosmetology or esthetics since the applicant last 5 took the examination. An applicant who fails to pass a 6 fourth examination shall not again be admitted to an 7 examination unless (i) in the case of an applicant for 8 licensure as an esthetician, the applicant shall again take 9 and complete a total of 750 hours in the study of esthetics 10 in a licensed school of cosmetology approved to teach 11 esthetics or a school of esthetics, extending over a period 12 that commences after the applicant fails to pass the fourth 13 examination and that is not less than 18 weeks nor more than 14 4 consecutive years in duration; (ii) in the case of an 15 applicant for a license as an esthetics teacher, the 16 applicant shall again take and complete a total of 750 hours 17 of teacher training in a school of cosmetology approved to 18 teach esthetics or a school of esthetics, except that if the 19 applicant had 2 years of practical experience as a licensed 20 cosmetologist or esthetician within 5 years preceding the 21 initial examination taken by the applicant, the applicant 22 must again take and complete 500 hours of teacher training in 23 licensed cosmetology or a licensed esthetics school; or (iii) 24 in the case of an applicant for a license as an esthetics 25 clinic teacher, the applicant shall again take and complete a 26 total of 250 hours of clinic teacher training in a licensed 27 school of cosmetology or a licensed school of esthetics. 28 (b) Each applicant shall be given a written examination 29 testing both theoretical and practical knowledge which shall 30 include, but not be limited to, questions that determine the 31 applicant's knowledge of: 32 (1) product chemistry; 33 (2) sanitary rules and regulations; 34 (3) sanitary procedures; SB745 Engrossed -910- LRB9101253EGfg 1 (4) chemical service procedures; 2 (5) knowledge of the anatomy of the skin, as it 3 relates to applicable services under this Act; 4 (6) the provisions and requirements of this Act; 5 and 6 (7) labor and compensation laws. 7 (c) The examination of applicants for licensure as an 8 esthetics teacher may include all of the above and may also 9 include: 10 (1) teaching methodology; 11 (2) classroom management; and 12 (3) record keeping and any other subjects that the 13 Department may deem necessary to insure competent 14 performance. 15 (d) This Act does not prohibit the practice of esthetics 16 by one who has applied in writing to the Department, in form 17 and substance satisfactory to the Department, for a license 18 as an esthetician, an esthetics teacher, or an esthetics 19 clinic teacher and has complied with all the provisions of 20 this Act in order to qualify for a license, except the 21 passing of an examination to be eligible to receive such 22 license certificate, until: (i) the expiration of 6 months 23 after the filing of such written application, or (ii) the 24 decision of the Department that the applicant has failed to 25 pass an examination within 6 months or failed without an 26 approved excuse to take an examination conducted within 6 27 months by the Department, or (iii) the withdrawal of the 28 application. 29 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97; 30 revised 2-24-98.) 31 (225 ILCS 410/3C-5) (from Ch. 111, par. 1703C-5) 32 Sec. 3C-5. Pre-existing practitioners; certificate of 33 registration requirements for nail technology teachers. SB745 Engrossed -911- LRB9101253EGfg 1(a)For a period of 2 years after January 1, 1992, an 2 applicant who was acting as a nail technology teacher prior 3 to January 1, 1992, shall be issued a certificate of 4 registration as a nail technology teacher if the applicant 5 meets all of the following requirements: 6 (1) Completes and submits to the Department the 7 necessary forms furnished by the Department along with an 8 application fee of $20. 9 (2) Is at least 18 years of age. 10 (3) Has graduated from high school or its 11 equivalent. 12 (4) Has 2 years of practical experience as a nail 13 technology teacher as verified in a written affidavit 14 executed by an employer or coworker. 15 (5) Submits proof satisfactory to the Department of 16 proficiency in the use of nail technology products and 17 machinery. 18 (6) Has passed an examination authorized by the 19 Department to determine the applicant's fitness to 20 receive a certificate of registration as a nail 21 technology teacher. 22 (Source: P.A. 87-786; 87-1237; 88-362; revised 10-31-98.) 23 (225 ILCS 410/4-16) (from Ch. 111, par. 1704-16) 24 Sec. 4-16. Order or certified copy; prima facie proof 25evidence. An order of revocation or suspension or a 26 certified copy thereof, over the seal of the Department and 27 purporting to be signed by the Director, shall be prima facie 28 proof that: 29 1. theSuchsignature is the genuine signature of 30 the Director;.31 2. theThat suchDirector is duly appointed and 32 qualified; and.33 3.Thatthe Committee and the members thereof are SB745 Engrossed -912- LRB9101253EGfg 1 qualified to act. 2 Such proof may be rebutted. 3 (Source: P.A. 84-657; revised 10-14-98.) 4 Section 149. The Illinois Certified Shorthand Reporters 5 Act of 1984 is amended by changing Section 23.10 as follows: 6 (225 ILCS 415/23.10) (from Ch. 111, par. 6233) 7 Sec. 23.10. Order or certified copy; prima facie proof. 8 An order or a certified copy thereof, over the seal of the 9 Department and purporting to be signed by the Director, shall 10 be prima facie proof that:thereof and11 (1)Thatthe signature is the genuine signature of 12 the Director; 13 (2)Thatthe Director is duly appointed and 14 qualified; and 15 (3)Thatthe Board and the members thereof are 16 qualified to act. 17 (Source: P.A. 83-73; revised 5-6-98.) 18 Section 150. The Detection of Deception Examiners Act is 19 amended by changing Section 25 as follows: 20 (225 ILCS 430/25) (from Ch. 111, par. 2426) 21 Sec. 25. Order or certified copy; prima facie proof. An 22 order or a certified copy thereof, over the seal of the 23 Department and purporting to be signed by the Director, shall 24 be prima facie proof that:thereof;25 (a) theThat suchsignature is the genuine 26 signature of the Director; 27 (b) theThat suchDirector is duly appointed and 28 qualified; and 29 (c)Thatthe Committee and the members thereof are 30 qualified to act. SB745 Engrossed -913- LRB9101253EGfg 1 (Source: Laws 1963, p. 3300; revised 10-14-98.) 2 Section 151. The Ferries Act is amended by changing 3 Section 1 as follows: 4 (225 ILCS 435/1) (from Ch. 121, par. 701) 5 Sec. 1.ThatNo person shall establish, keep or use any 6 ferry for the conveyance or passage of persons or property, 7 for profit or hire, unless he shall be licensed as directed 8 by this Act, under the penalty of $5 for each day the same is 9 maintained, and $3 for each person and each article of 10 property so conveyed, to be forfeited to the county in which 11 the ferry is situated. This Section shall not apply to 12 ferries heretofore established by law. 13 (Source: R.S. 1874, p. 530; revised 10-31-98.) 14 Section 152. The Private Detective, Private Alarm, 15 Private Security, and Locksmith Act of 1993 is amended by 16 changing Sections 75 and 80 as follows: 17 (225 ILCS 446/75) 18 Sec. 75. Qualifications for licensure and agency 19 certification. 20 (a) Private Detective. A person is qualified to receive 21 a license as a private detective if he or she meets all of 22 the following requirements: 23 (1) Is at least 21 years of age. 24 (2) Has not been convicted in any jurisdiction of 25 any felony or at least 10 years have expired from the 26 time of discharge from any sentence imposed for a felony. 27 (3) Is of good moral character. Good character is 28 a continuing requirement of licensure. Conviction of 29 crimes not listed in paragraph (2) of subsection (a) of 30 this Section may be used in determining moral character, SB745 Engrossed -914- LRB9101253EGfg 1 but does not operate as an absolute bar to licensure. 2 (4) Has not been declared by any court of competent 3 jurisdiction to be incompetent by reason of mental or 4 physical defect or disease unless a court has since 5 declared him or her to be competent. 6 (5) Is not suffering from habitual drunkenness or 7 from narcotic addiction or dependence. 8 (6) Has a minimum of 3 years experience out of the 9 5 years immediately preceding his or her application 10 working full-time for a licensed private detective agency 11 as a registered private detective employee or with 3 12 years experience out of the 5 years immediately preceding 13 his or her application employed as a full-time 14 investigator in a law enforcement agency of a federal or 15 State political subdivision, approved by the Board and 16 the Department; or an applicant who has obtained a 17 baccalaureate degree in police science or a related field 18 or a business degree from an accredited college or 19 university shall be given credit for 2 of the 3 years 20 experience required under this Section. An applicant who 21 has obtained an associate degree in police science or a 22 related field or in business from an accredited college 23 or university shall be given credit for one of the 3 24 years experience required under this Section. 25 (7) Has not been dishonorably discharged from the 26 armed services of the United States. 27 (8) Has successfully passed an examination 28 authorized by the Department. The examination shall 29 include subjects reasonably related to the activities 30 licensed so as to provide for the protection of the 31 health and safety of the public. 32 (9) Has not violated Section 15, 20, or 25 of this 33 Act, but this requirement does not operate as an absolute 34 bar to licensure. SB745 Engrossed -915- LRB9101253EGfg 1 It is the responsibility of the applicant to obtain 2 liability insurance in an amount and coverage type 3 appropriate as determined by rule for the applicant's 4 individual business circumstances. The applicant shall 5 provide evidence of insurance to the Department before being 6 issued a license. This insurance requirement is a continuing 7 requirement for licensure. Failure to maintain insurance 8 shall result in cancellation of the license by the 9 Department. 10 (b) Private security contractor. A person is qualified 11 to receive a license as a private security contractor if he 12 or she meets all of the following requirements: 13 (1) Is at least 21 years of age. 14 (2) Has not been convicted in any jurisdiction of 15 any felony or at least 10 years have expired from the 16 time of discharge from any sentence imposed for a felony. 17 (3) Is of good moral character. Good moral 18 character is a continuing requirement of licensure. 19 Convictions of crimes not listed in paragraph (2) of 20 subsection (b) of this Section may be used in determining 21 moral character, but do not operate as an absolute bar to 22 licensure. 23 (4) Has not been declared by any court of competent 24 jurisdiction to be incompetent by reason of mental or 25 physical defect or disease unless a court has since 26 declared him or her to be competent. 27 (5) Is not suffering from habitual drunkenness or 28 from narcotic addiction or dependence. 29 (6) Has a minimum of 3 years experience out of the 30 5 years immediately preceding his or her application as a 31 full-time manager or administrator for a licensed private 32 security contractor agency or a manager or administrator 33 of a proprietary security force of 30 or more persons 34 registered with the Department, or with 3 years SB745 Engrossed -916- LRB9101253EGfg 1 experience out of the 5 years immediately preceding his 2 or her application as a full-time supervisor in a law 3 enforcement agency of a federal or State political 4 subdivision, approved by the Board and the Department; or 5 an applicant who has obtained a baccalaureate degree in 6 police science or a related field or a business degree 7 from an accredited college or university shall be given 8 credit for 2 of the 3 years experience required under 9 this Section. An applicant who has obtained an associate 10 degree in police science or a related field or in 11 business from an accredited college or university shall 12 be given credit for one of the 3 years experience 13 required under this Section. 14 (7) Has not been dishonorably discharged from the 15 armed services of the United States. 16 (8) Has successfully passed an examination 17 authorized by the Department. The examination shall 18 include subjects reasonably related to the activities 19 licensed so as to provide for the protection of the 20 health and safety of the public. 21 (9) Has not violated Section 15, 20, or 25 of this 22 Act, but this requirement does not operate as an absolute 23 bar to licensure. 24(10)It is the responsibility of the applicant to obtain 25 liability insurance in amount and coverage type appropriate 26 as determined by rule for the applicant's individual business 27 circumstances. The applicant shall provide evidence of 28 insurance to the Department before being issued a license. 29 This insurance requirement is a continuing requirement for 30 licensure. Failure to maintain insurance shall result in 31 cancellation of the license by the Department. 32 (c) Private alarm contractor. A person is qualified to 33 receive a license as a private alarm contractor if he or she 34 meets all of the following requirements: SB745 Engrossed -917- LRB9101253EGfg 1 (1) Is at least 21 years of age. 2 (2) Has not been convicted in any jurisdiction of 3 any felony or at least 10 years have expired from the 4 time of discharge from any sentence imposed for a felony. 5 (3) Is of good moral character. Good moral 6 character is a continuing requirement of licensure. 7 Convictions of crimes not listed in paragraph (2) of 8 subsection (c) of this Section may be used in determining 9 moral character, but do not operate as an absolute bar to 10 licensure. 11 (4) Has not been declared by any court of competent 12 jurisdiction to be incompetent by reason of mental or 13 physical defect or disease unless a court has since 14 declared him or her to be competent. 15 (5) Is not suffering from habitual drunkenness or 16 from narcotic addiction or dependence. 17 (6) Has not been dishonorably discharged from the 18 armed services of the United States. 19 (7) Has a minimum of 3 years experience out of the 20 5 years immediately preceding application as a full time 21 manager or administrator for an agency licensed as a 22 private alarm contractor agency, or for an entity that 23 designs, sells, installs, services, or monitors alarm 24 systems which in the judgment of the Board satisfies 25 standards of alarm industry competence. An individual who 26 has received a 4 year degree in electrical engineering or 27 a related field from a program approved by the Board 28 shall be given credit for 2 years of experience under 29 this item (7). An individual who has successfully 30 completed a national certification program approved by 31 the Board shall be given credit for one year of 32 experience under this item (7). 33 (8) Has successfully passed an examination 34 authorized by the Department. The examination shall SB745 Engrossed -918- LRB9101253EGfg 1 include subjects reasonably related to the activities 2 licensed so as to provide for the protection of the 3 health and safety of the public. 4 (9) Has not violated Section 15, 20, or 25 of this 5 Act, but this requirement does not operate as an absolute 6 bar to licensure. 7(10)It is the responsibility of the applicant to obtain 8 liability insurance in an amount and coverage type 9 appropriate as determined by rule for the applicant's 10 individual business circumstances. The applicant shall 11 provide evidence of insurance to the Department before being 12 issued a license. This insurance requirement is a continuing 13 requirement for licensure. Failure to maintain insurance 14 shall result in cancellation of the license by the 15 Department. 16 Alternatively, a person is qualified to receive a license 17 as a private alarm contractor without meeting the 18 requirements of items (7), (8), and (9) of this subsection, 19 if he or she: 20 (i) applies for a license between September 1, 1998 21 and September 15, 1998, in writing, on forms supplied by 22 the Department; 23 (ii) provides proof to the Department that he or 24 she was engaged in the alarm contracting business on or 25 before January 1, 1984; 26 (iii) submits the photographs, fingerprints, proof 27 of insurance, and current license fee required by the 28 Department; and 29 (iv) has not violated Section 25 of this Act. 30 (d) Locksmith. A person is qualified to receive a 31 license as a locksmith if he or she meets all of the 32 following requirements: 33 (1) Is at least 18 years of age. 34 (2) Has not violated any provisions of Section 120 SB745 Engrossed -919- LRB9101253EGfg 1 of this Act. 2 (3) Has not been convicted in any jurisdiction of 3 any felony or at least 10 years have expired from the 4 time of discharge from any sentence imposed for a felony. 5 (4) Is of good moral character. Good moral 6 character is a continuing requirement of licensure. 7 Convictions of crimes not listed in paragraph (3) of 8 subsection (d) of this Section may be used in determining 9 moral character, but do not operate as an absolute bar to 10 licensure. 11 (5) Has not been declared by any court of competent 12 jurisdiction to be incompetent by reason of mental or 13 physical defect or disease unless a court has since 14 declared him or her to be competent. 15 (6) Is not suffering from habitual drunkenness or 16 from narcotic addiction or dependence. 17 (7) Has not been dishonorably discharged from the 18 armed services of the United States. 19 (8) Has passed an examination authorized by the 20 Department in the theory and practice of the profession. 21 (9) Has submitted to the Department proof of 22 insurance sufficient for the individual's business 23 circumstances. The Department, with input from the 24 Board, shall promulgate rules specifying minimum 25 insurance requirements. This insurance requirement is a 26 continuing requirement for licensure. Failure to 27 maintain insurance shall result in the cancellation of 28 the license by the Department. A locksmith employed by a 29 licensed locksmith agency or employed by a private 30 concern may provide proof that his or her actions as a 31 locksmith are covered by the insurance of his or her 32 employer. 33 (e) Private detective agency. Upon payment of the 34 required fee and proof that the applicant has a full-time SB745 Engrossed -920- LRB9101253EGfg 1 Illinois licensed private detective in charge, which is a 2 continuing requirement for agency certification, the 3 Department shall issue, without examination, a certificate as 4 a private detective agency to any of the following: 5 (1) An individual who submits an application in 6 writing and who is a licensed private detective under 7 this Act. 8 (2) A firm or association that submits an 9 application in writing and all of the members of the firm 10 or association are licensed private detectives under this 11 Act. 12 (3) A duly incorporated or registered corporation 13 allowed to do business in Illinois that is authorized by 14 its articles of incorporation to engage in the business 15 of conducting a detective agency, provided at least one 16 officer or executive employee is licensed as a private 17 detective under this Act and all unlicensed officers and 18 directors of the corporation are determined by the 19 Department to be persons of good moral character. 20 No private detective may be the private detective in 21 charge for more than one agency except for an individual who, 22 on the effective date of this Act, is currently and actively 23 a licensee for more than one agency. Upon written request by 24 a representative of an agency within 10 days after the loss 25 of a licensee in charge of an agency because of the death of 26 that individual or because of an unanticipated termination of 27 the employment of that individual, the Department shall issue 28 a temporary permit allowing the continuing operation of a 29 previously licensed agency. No temporary permit shall be 30 valid for more than 90 days. An extension of an additional 31 90 days may be granted by the Department for good cause shown 32 upon written request by the representative of the agency. No 33 more than 2 extensions may be granted to any agency. No 34 temporary permit shall be issued for the loss of the SB745 Engrossed -921- LRB9101253EGfg 1 detective in charge because of disciplinary action by the 2 Department. 3 (f) Private alarm contractor agency. Upon receipt of 4 the required fee and proof that the applicant has a full-time 5 Illinois licensed private alarm contractor in charge, which 6 is a continuing requirement for agency certification, the 7 Department shall issue, without examination, a certificate as 8 a private alarm contractor agency to any of the following: 9 (1) An individual who submits an application in 10 writing and who is a licensed private alarm contractor 11 under this Act. 12 (2) A firm or association that submits an 13 application in writing that all of the members of the 14 firm or association are licensed private alarm 15 contractors under this Act. 16 (3) A duly incorporated or registered corporation 17 allowed to do business in Illinois that is authorized by 18 its articles of incorporation to engage in the business 19 of conducting a private alarm contractor agency, provided 20 at least one officer or executive employee is licensed as 21 a private alarm contractor under this Act and all 22 unlicensed officers and directors of the corporation are 23 determined by the Department to be persons of good moral 24 character. 25 No private alarm contractor may be the private alarm 26 contractor in charge for more than one agency except for any 27 individual who, on the effective date of this Act, is 28 currently and actively a licensee for more than one agency. 29 Upon written request by a representative of an agency within 30 10 days after the loss of a licensed private alarm contractor 31 in charge of an agency because of the death of that 32 individual or because of the unanticipated termination of the 33 employment of that individual, the Department shall issue a 34 temporary permit allowing the continuing operation of a SB745 Engrossed -922- LRB9101253EGfg 1 previously licensed agency. No temporary permit shall be 2 valid for more than 90 days. An extension of an additional 3 90 days may be granted by the Department for good cause shown 4 and upon written request by the representative of the agency. 5 No more than 2 extensions may be granted to any agency. No 6 temporary permit shall be issued for the loss of the licensee 7 in charge because of disciplinary action by the Department. 8 (g) Private security contractor agency. Upon receipt of 9 the required fee and proof that the applicant has a full-time 10 Illinois licensed private security contractor in charge, 11 which is continuing requirement for agency certification, the 12 Department shall issue, without examination, a certificate as 13 a private security contractor agency to any of the following: 14 (1) An individual who submits an application in 15 writing and who is a licensed private security contractor 16 under this Act. 17 (2) A firm or association that submits an 18 application in writing that all of the members are 19 licensed private security contractors under this Act. 20 (3) A duly incorporated or registered corporation 21 allowed to do business in Illinois that is authorized by 22 its articles of incorporation to engage in the business 23 of conducting a private security contractor agency, 24 provided at least one officer or executive employee is 25 licensed as a private security contractor under this Act 26 and all unlicensed officers and directors of the 27 corporation are determined by the Department to be 28 persons of good moral character. 29 No private security contractor may be the private 30 security contractor in charge for more than one agency except 31 for any individual who, on the effective date of this Act, is 32 currently and actively a licensee for more than one agency. 33 Upon written request by a representative of the agency within 34 10 days after the loss of a licensee in charge of an agency SB745 Engrossed -923- LRB9101253EGfg 1 because of the death of that individual or because of the 2 unanticipated termination of the employment of that 3 individual, the Department shall issue a temporary permit 4 allowing the continuing operation of a previously licensed 5 agency. No temporary permit shall be valid for more than 90 6 days. An extension of an additional 90 days may be granted 7 upon written request by the representative of the agency. No 8 more than 2 extensions may be granted to any agency. No 9 temporary permit shall be issued for the loss of the licensee 10 in charge because of disciplinary action by the Department. 11 (h) Licensed locksmith agency. Upon receipt of the 12 required fee and proof that the applicant is an Illinois 13 licensed locksmith who shall assume full responsibility for 14 the operation of the agency and the directed actions of the 15 agency's employees, which is a continuing requirement for 16 agency licensure, the Department shall issue, without 17 examination, a certificate as a Locksmith Agency to any of 18 the following: 19 (1) An individual who submits an application in 20 writing and who is a licensed locksmith under this Act. 21 (2) A firm or association that submits an 22 application in writing and certifies that all of the 23 members of the firm or association are licensed 24 locksmiths under this Act. 25 (3) A duly incorporated or registered corporation 26 or limited liability company allowed to do business in 27 Illinois that is authorized by its articles of 28 incorporation or organization to engage in the business 29 of conducting a locksmith agency, provided that at least 30 one officer or executive employee of a corporation or one 31 member of a limited liability company is licensed as a 32 locksmith under this Act, and provided that person agrees 33 in writing on a form acceptable to the Department to 34 assume full responsibility for the operation of the SB745 Engrossed -924- LRB9101253EGfg 1 agency and the directed actions of the agency's 2 employees, and further provided that all unlicensed 3 officers and directors of the corporation or members of 4 the limited liability company are determined by the 5 Department to be persons of good moral character. 6 An individual licensed locksmith operating under a 7 business name other than the licensed locksmith's own name 8 shall not be required to obtain a locksmith agency license if 9 that licensed locksmith does not employ any persons to engage 10 in the practice of locksmithing. 11 An applicant for licensure as a locksmith agency shall 12 submit to the Department proof of insurance sufficient for 13 the agency's business circumstances. The Department shall 14 promulgate rules specifying minimum insurance requirements. 15 This insurance requirement is a continuing requirement for 16 licensure. 17 No licensed locksmith may be the licensed locksmith 18 responsible for the operation of more than one agency except 19 for any individual who submits proof to the Department that, 20 on the effective date of this amendatory Act of 1995, he or 21 she is actively responsible for the operations of more than 22 one agency. A licensed private alarm contractor who is 23 responsible for the operation of a licensed private alarm 24 contractor agency and who is a licensed locksmith may also be 25 the licensed locksmith responsible for the operation of a 26 locksmith agency. 27 Upon written request by a representative of an agency 28 within 10 days after the loss of a responsible licensed 29 locksmith of an agency, because of the death of that 30 individual or because of the unanticipated termination of the 31 employment of that individual, the Department shall issue a 32 temporary permit allowing the continuing operation of a 33 previously licensed locksmith agency. No temporary permit 34 shall be valid for more than 90 days. An extension for an SB745 Engrossed -925- LRB9101253EGfg 1 additional 90 days may be granted by the Department for good 2 cause shown and upon written request by a representative of 3 the agency. No more than 2 extensions may be granted to any 4 agency. No temporary permit shall be issued to any agency 5 due to the loss of the responsible locksmith because of 6 disciplinary action by the Department. 7 (i) Proprietary Security Force. All commercial or 8 industrial operations that employ 5 or more persons as armed 9 security guards and all financial institutions that employ 10 armed security guards shall register their security forces 11 with the Department on forms provided by the Department. 12 All armed security guard employees of the registered 13 proprietary security force shall be required to complete a 14 20-hour basic training course and 20-hour firearm training 15 course in accordance with administrative rules. 16 Each proprietary security force shall be required to 17 apply to the Department, on forms supplied by the Department, 18 for the issuance of a firearm authorization card, in 19 accordance with administrative rules, for each armed employee 20 of the security force. 21 The Department shall prescribe rules for the 22 administration of this Section. 23 (j) Any licensed agency that operates a branch office as 24 defined in this Act shall apply for a branch office license. 25 (Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96; 26 89-626, eff. 8-9-96; 90-436, eff. 1-1-98; 90-580, eff. 27 5-21-98; 90-602, eff. 6-26-98; revised 9-16-98.) 28 (225 ILCS 446/80) 29 Sec. 80. Employee requirements. All employees of a 30 licensed agency, other than those exempted, shall apply for a 31 Permanent Employee Registration Card. The holder of an 32 agency certificate issued under this Act, known in this Act 33 as "employer", may employ in the conduct of his or her SB745 Engrossed -926- LRB9101253EGfg 1 business employees under the following provisions: 2 (a) No person shall be issued a permanent employee 3 registration card who: 4 (1) Is under 18 years of age. 5 (2) Is under 21 years of age if the services will 6 include being armed. 7 (3) Has been determined by the Department to be 8 unfit by reason of conviction of an offense in this or 9 another state, other than a minor traffic offense. The 10 Department shall promulgate rules for procedures by which 11 those circumstances shall be determined and that afford 12 the applicant due process of law. 13 (4) Has had a license or permanent employee 14 registration card refused, denied, suspended, or revoked 15 under this Act. 16 (5) Has been declared incompetent by any court of 17 competent jurisdiction by reason of mental disease or 18 defect and has not been restored. 19 (6) Has been dishonorably discharged from the armed 20 services of the United States. 21 (b) No person may be employed by a private detective 22 agency, private security contractor agency, or private alarm 23 contractor agency, or locksmith agency under this Section 24 until he or she has executed and furnished to the employer, 25 on forms furnished by the Department, a verified statement to 26 be known as "Employee's Statement" setting forth: 27 (1) The person's full name, age, and residence 28 address. 29 (2) The business or occupation engaged in for the 5 30 years immediately before the date of the execution of the 31 statement, the place where the business or occupation was 32 engaged in, and the names of employers, if any. 33 (3) That the person has not had a license or 34 employee registration refused, revoked, or suspended SB745 Engrossed -927- LRB9101253EGfg 1 under this Act. 2 (4) Any conviction of a felony or misdemeanor. 3 (5) Any declaration of incompetency by a court of 4 competent jurisdiction that has not been restored. 5 (6) Any dishonorable discharge from the armed 6 services of the United States. 7 (7) Any other information as may be required by any 8 rule of the Department to show the good character, 9 competency, and integrity of the person executing the 10 statement. 11 (c) Each applicant for a permanent employee registration 12 card shall submit to the Department with the applicable fees, 13 on fingerprint cards furnished by the Department, 2 complete 14 sets of fingerprints that are verified to be those of the 15 applicant. If an applicant's fingerprint cards are returned 16 to the Department as unclassifiable by the screening agency, 17 the applicant has 90 days after notification is sent by the 18 Department to submit additional fingerprint cards taken by a 19 different technician to replace the unclassifiable 20 fingerprint cards. 21 The Department shall notify the submitting licensed 22 agency within 10 days if the applicant's fingerprint cards 23 are returned to the Department as unclassifiable. However, 24 instead of submitting fingerprint cards, an individual may 25 submit proof that is satisfactory to the Department that an 26 equivalent security clearance has been conducted. Also, a 27 full-time peace officer or an individual who has retired as a 28 peace officer within 12 months of application may submit 29 verification, on forms provided by the Department and signed 30 by one's employer, of his or her full-time employment as a 31 peace officer. "Peace officer" means any person who by 32 virtue of his or her office or public employment is vested by 33 law with a duty to maintain public order or to make arrests 34 for offenses, whether that duty extends to all offenses or is SB745 Engrossed -928- LRB9101253EGfg 1 limited to specific offenses; officers, agents, or employees 2 of the federal government commissioned by federal statute to 3 make arrests for violations of federal criminal laws are 4 considered peace officers. 5 (d) Upon receipt of the verified fingerprint cards, the 6 Department shall cause the fingerprints to be compared with 7 fingerprints of criminals now or hereafter filed with the 8 Illinois Department of State Police. The Department may also 9 cause the fingerprints to be checked against the fingerprints 10 of criminals now or hereafter filed in the records of other 11 official fingerprint files within or without this State. The 12 Department shall issue a permanent employee registration 13 card, in a form the Department prescribes, to all qualified 14 applicants. The Department shall notify the submitting 15 licensed agency within 10 days upon the issuance of or intent 16 to deny the permanent employee registration card. The holder 17 of a permanent employee registration card shall carry the 18 card at all times while actually engaged in the performance 19 of the duties of his or her employment. Expiration and 20 requirements for renewal of permanent employee registration 21 cards shall be established by rule of the Department. 22 Possession of a permanent employee registration card does not 23 in any way imply that the holder of the card is employed by 24 an agency unless the permanent employee registration card is 25 accompanied by the employee identification card required by 26 subsection (g) of this Section. 27 (e) Within 5 days of the receipt of the application 28 materials, the Department shall institute an investigation 29 for a criminal record by checking the applicant's name with 30 immediately available criminal history information systems. 31 (f) Each employer shall maintain a record of each 32 employee that is accessible to the duly authorized 33 representatives of the Department. The record shall contain 34 the following information: SB745 Engrossed -929- LRB9101253EGfg 1 (1) A photograph taken within 10 days of the date 2 that the employee begins employment with the employer. 3 The photograph shall be replaced with a current 4 photograph every 3 calendar years. 5 (2) The employee's statement specified in 6 subsection (b) of this Section. 7 (3) All correspondence or documents relating to the 8 character and integrity of the employee received by the 9 employer from any official source or law enforcement 10 agency. 11 (4) In the case of former employees, the employee 12 identification card of that person issued under 13 subsection (g) of this Section. 14(5)Each employee record shall duly note if the employee 15 is employed in an armed capacity. Armed employee files shall 16 contain a copy of an active Firearm Owners Identification 17 Card and a copy of an active Firearm Authorization Card. 18(6)Each employer shall maintain a record for each armed 19 employee of each instance in which the employee's weapon was 20 discharged during the course of his or her professional 21 duties or activities. The record shall be maintained on 22 forms provided by the Department, a copy of which must be 23 filed with the Department within 15 days of an instance. The 24 record shall include the date and time of the occurrence, the 25 circumstances involved in the occurrence, and any other 26 information as the Department may require. Failure to 27 provide this information to the Department or failure to 28 maintain the record as a part of each armed employee's 29 permanent file is grounds for disciplinary action. The 30 Department, upon receipt of a report, shall have the 31 authority to make any investigation it considers appropriate 32 into any occurrence in which an employee's weapon was 33 discharged and to take disciplinary action as may be 34 appropriate. SB745 Engrossed -930- LRB9101253EGfg 1(7)The Department may, by rule, prescribe further 2 record requirements. 3 (g) Every employer shall furnish an employee 4 identification card to each of his or her employees. This 5 employee identification card shall contain a recent 6 photograph of the employee, the employee's name, the name and 7 agency certification number of the employer, the employee's 8 personal description, the signature of the employer, the 9 signature of that employee, the date of issuance, and an 10 employee identification card number. 11 (h) No employer may issue an employee identification 12 card to any person who is not employed by the employer in 13 accordance with this Section or falsely state or represent 14 that a person is or has been in his or her employ. It is 15 unlawful for an applicant for registered employment to file 16 with the Department the fingerprints of a person other than 17 himself or herself, or to fail to exercise due diligence in 18 resubmitting replacement fingerprints for those employees who 19 have had original fingerprint submissions returned as 20 unclassifiable. 21 (i) Every employer shall obtain the identification card 22 of every employee who terminates employment with him or her. 23 (j) Every employer shall maintain a separate roster of 24 the names of all employees currently working in an armed 25 capacity and submit the roster to the Department on request. 26 (k) No agency may employ any person under this Act 27 unless: 28 (1) The person possesses a valid permanent employee 29 registration card; or 30 (2) The agency: 31 (i) on behalf of each person completes in its 32 entirety and submits to the Department an 33 application for a permanent employee registration 34 card, including the required fingerprint card and SB745 Engrossed -931- LRB9101253EGfg 1 fees; 2 (ii) exercises due diligence to ensure that 3 the person is qualified under the requirements of 4 the Act to be issued a permanent employee 5 registration card; and 6 (iii) maintains a separate roster of the names 7 of all employees whose applications are currently 8 pending with the Department and submits the roster 9 to the Department on a monthly basis. Rosters are 10 to be maintained by the agency for a period of at 11 least 24 months. 12 (l) Failure by an agency to submit the application, 13 fees, and fingerprints specified in this Section before 14 scheduling the person for work shall result in a fine, in an 15 amount up to $1,000, or other disciplinary action being 16 imposed against the agency. Failure to maintain and submit 17 the specified rosters is grounds for discipline under this 18 Act. 19 (m) No person may be employed under this Section in any 20 capacity if: 21 (i) The person while so employed is being paid by 22 the United States or any political subdivision for the 23 time so employed in addition to any payments he or she 24 may receive from the employer. 25 (ii) The person wears any portion of his or her 26 official uniform, emblem of authority, or equipment while 27 so employed except as provided in Section 30. 28 (n) If information is discovered affecting the 29 registration of a person whose fingerprints were submitted 30 under this Section, the Department shall so notify the agency 31 that submitted the fingerprints on behalf of that person. 32 (Source: P.A. 88-363; 89-366, eff. 1-1-96; revised 10-31-98.) 33 Section 153. The Illinois Public Accounting Act is SB745 Engrossed -932- LRB9101253EGfg 1 amended by changing Section 21 as follows: 2 (225 ILCS 450/21) (from Ch. 111, par. 5527) 3 Sec. 21. Judicial review; cost of record; order as prima 4 facie proof. 5 (a) All final administrative decisions of the Department 6 hereunder shall be subject to judicial review pursuant to the 7 provisions of the Administrative Review Law, and all 8 amendments and modifications thereof, and the rules adopted 9 pursuant thereto. The term "administrative decision" is 10 defined as in Section 3-101 of the Code of Civil Procedure. 11SuchProceedings for judicial review shall be commenced 12 in the Circuit Court of the county in which the party 13 applying for review resides; provided, that if such party is 14 not a resident of this State, the venue shall be in Sangamon 15 County. 16 (b) The Department shall not be required to certify any 17 record to the court or file any answer in court or otherwise 18 appear in any court in a judicial review proceeding, unless 19 there is filed in the court with the complaint a receipt from 20 the Department acknowledging payment of the costs of 21 furnishing and certifying the record, which costs shall be 22 established by the Department. ExhibitsExhibitshall be 23 certified without cost. Failure on the part of the plaintiff 24 to file such receipt in court shall be grounds for dismissal 25 of the action. 26 (c) An order of disciplinary action or a certified copy 27 thereof, over the seal of the Department and purporting to be 28 signed by the Director,thereofshall be prima facie proof, 29 subject to being rebutted, that: 30 (1) the(a) Suchsignature is the genuine signature 31 of the Director; 32 (2) the(b) That suchDirector is duly appointed 33 and qualified; and SB745 Engrossed -933- LRB9101253EGfg 1 (3)(c) Thatthe Committee and the members thereof 2 are qualified to act. 3 (Source: P.A. 83-291; revised 5-6-98.) 4 Section 154. The Real Estate License Act of 1983 is 5 amended by changing Section 18 as follows: 6 (225 ILCS 455/18) (from Ch. 111, par. 5818) 7 Sec. 18. The Office of Banks and Real Estate may refuse 8 to issue or renew a license, may place on probation, suspend 9 or revoke any license, or may reprimand or impose a civil 10 penalty not to exceed $10,000 upon any licensee hereunder for 11 any one or any combination of the following causes: 12 (a) Where the applicant or licensee has, by false or 13 fraudulent representation, obtained or sought to obtain a 14 license. 15 (b) Where the applicant or licensee has been convicted 16 of any crime, an essential element of which is dishonesty or 17 fraud or larceny, embezzlement, obtaining money, property or 18 credit by false pretenses or by means of a confidence game, 19 has been convicted in this or another state of a crime which 20 is a felony under the laws of this State or has been 21 convicted of a felony in a federal court. 22 (c) Where the applicant or licensee has been adjudged to 23 be a person under legal disability or subject to involuntary 24 admission or to meet the standard for judicial admission as 25 provided in the Mental Health and Developmental Disabilities 26 Code, as now or hereafter amended. 27 (d) Where the licensee performs or attempts to perform 28 any act as a broker or salesperson in a retail sales 29 establishment, from an office, desk or space that is not 30 separated from the main retail business by a separate and 31 distinct area within such establishment. 32 (e) Discipline by another state, the District of SB745 Engrossed -934- LRB9101253EGfg 1 Columbia, territory, or foreign nation of a licensee if at 2 least one of the grounds for that discipline is the same as 3 or the equivalent of one of the grounds for discipline set 4 forth in this Act. 5 (f) Where the applicant or licensee has engaged in real 6 estate activity without a license, or after the licensee's 7 license was expired, or while the license was inoperative. 8 (g) Where the applicant or licensee attempts to subvert 9 or cheat on the Real Estate License Exam, or aids and abets 10 an applicant to subvert or cheat on the Real Estate License 11 Exam administered pursuant to this Act. 12 (h) Where the licensee in performing or attempting to 13 perform or pretending to perform any act as a broker or 14 salesperson, or where such licensee, in handling his own 15 property, whether held by deed, option, or otherwise, is 16 found guilty of: 17 1. Making any substantial misrepresentation, or 18 untruthful advertising.;19 2. Making any false promises of a character likely 20 to influence, persuade, or induce.;21 3. Pursuing a continued and flagrant course of 22 misrepresentation or the making of false promises through 23 agents, salespersons or advertising or otherwise.;24 4. Any misleading or untruthful advertising, or 25 using any trade name or insignia of membership in any 26 real estate organization of which the licensee is not a 27 member.;28 5. Acting for more than one party in a transaction 29 without providing written notice to all parties for whom 30 the licensee acts.;31 6. Representing or attempting to represent a broker 32 other than the employer.;33 7. Failure to account for or to remit any moneys or 34 documents coming into their possession which belong to SB745 Engrossed -935- LRB9101253EGfg 1 others.;2 8. Failure to maintain and deposit in a special 3 account, separate and apart from personal and other 4 business accounts, all escrow monies belonging to others 5 entrusted to a licensee while acting as a real estate 6 broker, escrow agent, or temporary custodian of the funds 7 of others, or failure to maintain all escrow monies on 8 deposit in such account until the transactions are 9 consummated or terminated, except to the extent that such 10 monies, or any part thereof, shall be disbursed prior to 11 the consummation or termination in accordance with (i) 12 the written direction of the principals to the 13 transaction or their duly authorized agents, or (ii) 14 directions providing for the release, payment, or 15 distribution of escrow monies contained in any written 16 contract signed by the principals to the transaction or 17 their duly authorized agents. Such account shall be 18 noninterest bearing, unless the character of the deposit 19 is such that payment of interest thereon is otherwise 20 required by law or unless the principals to the 21 transaction specifically require, in writing, that the 22 deposit be placed in an interest bearing account.;23 9. Failure to make available to the real estate 24 enforcement personnel of the Office of Banks and Real 25 Estate during normal business hours all escrow records 26 and related documents maintained in connection with the 27 practice of real estate.;28 10. Failing to furnish copies upon request of all 29 documents relating to a real estate transaction to all 30 parties executing them.;31 11. Paying a commission or valuable consideration 32 to any person for acts or services performed in violation 33 of this Act.;34 12. Having demonstrated unworthiness or SB745 Engrossed -936- LRB9101253EGfg 1 incompetency to act as a broker or salesperson in such 2 manner as to endanger the interest of the public.;3 13. Commingling the money or property of others 4 with his own.;5 14. Employing any person on a purely temporary or 6 single deal basis as a means of evading the law regarding 7 payment of commission to nonlicensees on some 8 contemplated transactions.;9 15. Permitting the use of his license as a broker 10 to enable a salesperson or unlicensed person to operate a 11 real estate business without actual participation therein 12 and control thereof by the broker.;13 16. Any other conduct, whether of the same or a 14 different character from that specified in this Section 15 which constitutes dishonest dealing.;16 17. Displaying a "for rent" or "for sale" sign on 17 any property without the written consent of an owner or 18 his duly authorized agent, or advertising by any means 19 that any property is for sale or for rent without the 20 written consent of the owner or his authorized agent.;21 18. Failing to provide information requested by the 22 Office of Banks and Real Estate, within 30 days of the 23 request, either as the result of a formal or informal 24 complaint to the Office of Banks and Real Estate or as a 25 result of a random audit conducted by the Office of Banks 26 and Real Estate, which would indicate a violation of this 27 Act.;28 19. Disregarding or violating any provision of this 29 Act, or the published rules or regulations promulgated by 30 the Office of Banks and Real Estate to enforce this Act, 31 or aiding or abetting any individual, partnership, 32 limited liability company, or corporation in disregarding 33 any provision of this Act, or the published rules or 34 regulations promulgated by the Office of Banks and Real SB745 Engrossed -937- LRB9101253EGfg 1 Estate to enforce this Act.;2 20. Advertising any property for sale or 3 advertising any transaction of any kind or character 4 relating to the sale of property by whatsoever means, 5 without clearly disclosing in or on such advertising one 6 of the following: the name of the firm with which the 7 licensee is associated, if a sole broker, evidence of the 8 broker's occupation, or a name with respect to which the 9 broker has complied with the requirements of the Assumed 10 Business Name Act"An Act in relation to the use of an11assumed name in the conduct or transaction of business in12this State", approved July 17, 1941, as amended, whether 13 such advertising is done by the broker or by any 14 salesperson or broker employed by the broker.;15 21."Offering "guaranteed sales plans" as defined 16 in subparagraph (A), except to the extent hereinafter set 17 forth: 18 (A) A "guaranteed sales plan" is any real 19 estate purchase or sales plan whereby a broker 20 enters into a conditional or unconditional written 21 contract with a seller by the terms of which a 22 broker agrees to purchase a property of the seller 23 within a specified period of time at a specific 24 price in the event the property is not sold in 25 accordance with the terms of a listing contract 26 between the broker and the seller or on other terms 27 acceptable to the seller.;28 (B) A broker offering a "guaranteed sales 29 plan" shall provide the details and conditions of 30 such plan in writing to the party to whom the plan 31 is offered.;32 (C) A broker offering a "guaranteed sales 33 plan" shall provide to the party to whom the plan is 34 offered, evidence of sufficient financial resources SB745 Engrossed -938- LRB9101253EGfg 1 to satisfy the commitment to purchase undertaken by 2 the broker in the plan.;3 (D) Any broker offering a "guaranteed sales 4 plan" shall undertake to market the property of the 5 seller subject to the plan in the same manner in 6 which the broker would market any other property, 7 unless such agreement with the seller provides 8 otherwise.;9 (E) Any broker who fails to perform on a 10 "guaranteed sales plan" in strict accordance with 11 its terms shall be subject to all the penalties 12 provided in this Act for violations thereof, and, in 13 addition, shall be subject to a civil penalty 14 payable to the party injured by the default in an 15 amount of up to $10,000. 16 22. Influencing or attempting to influence, by any 17 words or acts a prospective seller, purchaser, occupant, 18 landlord or tenant of real estate, in connection with 19 viewing, buying or leasing of real estate, so as to 20 promote, or tend to promote, the continuance or 21 maintenance of racially and religiously segregated 22 housing, or so as to retard, obstruct or discourage 23 racially integrated housing on or in any street, block, 24 neighborhood or community.;25 23. Engaging in any act which constitutes a 26 violation of Section 3-102, 3-103, 3-104 or 3-105 of the 27 Illinois Human Rights Act, whether or not a complaint has 28 been filed with or adjudicated by the Human Rights 29 Commission.;30 24. Inducing any party to a contract of sale or 31 listing agreement to break such a contract of sale or 32 listing agreement for the purpose of substituting, in 33 lieu thereof, a new contract for sale or listing 34 agreement with a third party. SB745 Engrossed -939- LRB9101253EGfg 1 25. Negotiating a sale, exchange or lease of real 2 property directly with an owner or lessor without 3 authority from the listing broker if the licensee knows 4 that the owner or lessor has a written exclusive listing 5 agreement covering the property with another broker. 6 26. Where a licensee is also an attorney, acting as 7 the attorney for either the buyer or the seller in the 8 same transaction in which such licensee is acting or has 9 acted as a broker or salesperson. 10 27. Advertising or offering merchandise or services 11 as free if any conditions or obligations necessary for 12 receiving such merchandise or services are not disclosed 13 in the same advertisement or offer. Such conditions or 14 obligations include, but are not limited to, the 15 requirement that the recipient attend a promotional 16 activity or visit a real estate site. As used in this 17 paragraph 27, "free" includes terms such as "award", 18 "prize", "no charge," "free of charge," "without charge" 19 and similar words or phrases which reasonably lead a 20 person to believe that he may receive, or has been 21 selected to receive, something of value, without any 22 conditions or obligations on the part of the recipient. 23 28. Disregarding or violating any provision of the 24 Illinois Real Estate Time-Share Act, enacted by the 84th 25 General Assembly, or the published rules or regulations 26 promulgated by the Office of Banks and Real Estate to 27 enforce that Act. 28 29. A finding that the licensee has violated the 29 terms of the disciplinary order issued by the Office of 30 Banks and Real Estate. 31 30. Paying fees or commissions directly to a 32 licensee employed by another broker. 33 31. Requiring a party to a transaction who is not a 34 client of the licensee, as defined in Article 4, to allow SB745 Engrossed -940- LRB9101253EGfg 1 the licensee to retain a portion of the escrow monies for 2 payment of the licensee's commission or expenses as a 3 condition for release of the escrow monies to that party. 4 (Source: P.A. 89-508, eff. 7-3-96; 90-352, eff. 8-8-97; 5 revised 10-31-98.) 6 Section 155. The Solicitation for Charity Act is amended 7 by changing Section 17 as follows: 8 (225 ILCS 460/17) (from Ch. 23, par. 5117) 9 Sec. 17. In any solicitation to the public for a 10 charitable organization by a professional fund raiser or 11 professional solicitor: 12 (a) The public member shall be promptly informed by 13 statement in verbal communications and by clear and 14 unambiguous disclosure in written materials that the 15 solicitation is being made by a paid professional fund 16 raiser. The fund raiser, solicitor, and materials used shall 17 also provide the professional fund raiser's name and a 18 statement that contracts and reports regarding the charity 19 are on file with the Illinois Attorney General and 20 additionally, in verbal communications, the solicitor's true 21 name must be provided. 22 (b) If the professional fund raiser employs or uses a 23 contract which provides that it will be paid or retain a 24 certain percentage of the gross amount of each contribution 25 or shall be paid an hourly rate for solicitation, or the 26 contract provides the charity will receive a fixed amount or 27 a fixed percentage of each contribution, the professional 28 fund raiser and person soliciting shall disclose to persons 29 being solicited the percentage amount retained or hourly rate 30 paid to the professional fund raiser and solicitor pursuant 31 to the contract, and the amount or the percentage to be 32 received by the charitable organization from each SB745 Engrossed -941- LRB9101253EGfg 1 contribution, if such disclosure is requested by the person 2 solicited. 3 (c) Any person,orprofessional fund raiser, or 4 professional solicitor soliciting charitable contributions 5 from the public on behalf of a public safety personnel 6 organization shall not misrepresent that he or she isthey7arein fact a law enforcement person, firefighter, or member 8 of the organization for whom the contributions are being 9 raised, and, if requested by the person solicited, he or she 10theyshall promptly provide his or hertheiractual name, the 11 exact legal name of the organization with which he or she is 12they areemployed and its correct address, as well as,the 13 exact name of the charitable organization. 14 (Source: P.A. 90-469, eff. 8-17-97; revised 10-31-98.) 15 Section 156. The Weights and Measures Act is amended by 16 changing Section 9 as follows: 17 (225 ILCS 470/9) (from Ch. 147, par. 109) 18 Sec. 9. Calibration of field standards procured by 19 cities. At least once every year, the Director,shall test 20 the standards of weights and measures procured by any city 21 for which appointment of a sealer of weights and measures is 22 provided by this Act. 23 (Source: P.A. 88-600, eff. 9-1-94; revised 10-31-98.) 24 Section 157. The Private Employment Agency Act is 25 amended by changing Section 3 as follows: 26 (225 ILCS 515/3) (from Ch. 111, par. 903) 27 Sec. 3. Records. It shall be the duty of every such 28 licensed person to keep a complete record in the English 29 language,of all orders for employees which are received from 30 prospective employers. Upon request of the Department, a SB745 Engrossed -942- LRB9101253EGfg 1 licensee shall verify the date when the order was received, 2 the name of the person recording the job order, the name and 3 address of the employer seeking the services of an employee, 4 the name of the person placing the order, the kind of 5 employee requested, the qualifications required in the 6 employee, the salary or wages to be paid if known, and the 7 possible duration of the job. Prior to the placement of any 8 job advertisement, an employment agency must have a current, 9 bona fide job order, and must maintain a copy of both the 10 advertisement and the job order in a register established 11 specially for that purpose. The term "current, bona fide 12bonafidejob order" shall be defined as a job order obtained 13 by the employment agency within 30 days prior to the 14 placement of the advertisement. A job order must be renewed 15 after 45 days and must be annotated with the name of the 16 representative of the prospective employer who authorized the 17 renewal and the date on which the renewal was authorized. 18 Such employment agency shall also keep a complete record 19 in the English language of each applicant to whom employment 20 is offered or promised and who is sent out by the agency to 21 secure a job or interview. This record, which shall be called 22 the Applicant's Record, shall contain the date when the 23 applicant was sent out for the job or interview, the name of 24 the applicant, the name and address of the person or firm to 25 whom sent, the type of job offered and the wages or salary 26 proposed to be paid if known. 27 The agency shall also keep a record of all payments to it 28 of any and all placement fees received and refunded. This 29 record shall be called a Fee Transaction record. It shall 30 contain the date of each transaction, the name of the person 31 making the remittance, the amount paid, a designation 32 indicating whether the amount paid is in full or on account, 33 the receipt number and the date and the amount of any refund. 34 Notwithstanding the provisions of this Act concerning the SB745 Engrossed -943- LRB9101253EGfg 1 records required to be kept by employment agencies, the 2 Director of Labor may by regulation permit teachers' 3 agencies, medical agencies, nurses' registries, theatrical 4 agencies, contract labor agencies, baby sitter agencies and 5 such other agencies of a like nature who serve the needs of a 6 specialized class of workers, to keep such records concerning 7 job orders, listing of placed applicants, listing of 8 available applicants and payments of fees by either the 9 employer or the employee as the Department by regulation may 10 approve. 11 The aforesaid records shall be kept in the agency for one 12 year and shall be open during office hours to inspection by 13 the Department and its duly qualified agents. No such 14 licensee, or his employee, shall knowingly make any false 15 entry in such records. 16 (Source: P.A. 84-1308; revised 10-31-98.) 17 Section 158. The Animal Welfare Act is amended by 18 changing Section 12 as follows: 19 (225 ILCS 605/12) (from Ch. 8, par. 312) 20 Sec. 12. Record of hearing. In accordance with Section 21 10-3511of the Illinois Administrative Procedure Act, the 22 Department shall preserve a record of all proceedings at the 23 hearing of any case involving refusal to issue or renew a 24 license, or the suspension or revocation of a license, or the 25 referral of a case for criminal prosecution. The record of 26 any such proceeding consists of the notice of hearing, 27 complaint, and all other documents in the nature of pleadings 28 and written motions filed in the proceedings, the transcript 29 of testimony and the report and orders of the Department. 30 Copies of the transcript of the record may be obtained from 31 the Department in accordance with the Illinois Administrative 32 Procedure Act. SB745 Engrossed -944- LRB9101253EGfg 1 (Source: P.A. 88-457; revised 10-31-98.) 2 Section 159. The Fluorspar and Underground Limestone 3 Mines Act is amended by changing Section 9.02 as follows: 4 (225 ILCS 710/9.02) (from Ch. 96 1/2, par. 4216) 5 Sec. 9.02. For the purpose of ascertaining facts in 6 connection with any inspection, inquiry, or examination, the 7saidinspector,shall have full power to compel the 8 attendance of witnesses by subpoena, to take depositions on 9 the service of proper or usual notice to the mine owner or 10 operator as required in the taking of depositions, to 11 administer oaths, and to examine, cross-examine, and take 12 such testimony as may be deemed necessary for the information 13 of the inspector. 14 The refusal by any person to obey a subpoena issued by 15 the inspector, or the wilful hindrancehinderanceor 16 obstruction by any person,of the inspector,in the 17 performance of any of his duties under this Act, shall 18 constitute a Class A misdemeanor and shall be punished as 19 hereinafter provided. 20 Any witness appearing before the inspector in response to 21 a subpoena so issued, who shall knowingly and wilfully 22 testify falsely to any material matter, shall be deemed 23 guilty of perjury and upon conviction as by law provided, 24 shall be punished for perjury. 25 (Source: P.A. 77-2830; revised 2-25-98.) 26 Section 160. The Surface-Mined Land Conservation and 27 Reclamation Act is amended by changing Sections 4.1 and 5 as 28 follows: 29 (225 ILCS 715/4.1) (from Ch. 96 1/2, par. 4505) 30 Sec. 4.1. Surface Mining Advisory Council. SB745 Engrossed -945- LRB9101253EGfg 1 (a) There is created the Surface Mining Advisory Council 2 to consist of 10 members, plus the Director of Natural 3 Resources. Members of the Advisory Council shall be 4 appointed by the Governor, with the advice and consent of the 5 Senate. The members appointed to the Council shall represent 6 the following interests: conservation, agriculture, surface 7 coal mining industry, aggregate mining industry, local 8 government, environmental protection, the colleges and 9 universities, underground mining industry, labor, and the 10 general public. The members shall be knowledgeable 11 concerning the nature of problems of surface mining and 12 surface mining reclamation. The Council shall select from 13 its members a chairperson and such other officers as it deems 14 necessary. The term of membership on the Advisory Council 15 shall be 3 years, except that the Governor may make initial 16 appointment or fill vacancies for lesser terms so that at 17 least 3 memberships expire annually. Members may be 18 reappointed. Vacancies occurring on the Advisory Council 19 shall be filled, as nearly as possible, with a person 20 representing the interest of his or her predecessor on the 21 Advisory Council. Members of the Council shall be reimbursed 22 for ordinary and necessary expenses incurred in the 23 performance of the council's duties. Members of the Council 24 shall, in addition, receive $50 a day for each day spent in 25 the performance of their duties as Advisory Council members. 26 (b) The Advisory Council shall meet at least 3 times in 27 each calendar year on a date specified at least one week in 28 advance of the meeting. A meeting may be called by the 29 Director of the Department of Natural Resources or upon the 30 request of a majority of Advisory Council members. 31 (c) The Council shall act solely as an advisory body to 32 the Director of Natural Resources and to the Land Reclamation 33 Division of the Department of Natural Resources. The 34 recommendations of the Council shall have no binding effect SB745 Engrossed -946- LRB9101253EGfg 1 on the Director of Natural Resources or on the Division of 2 Land Reclamation. The advice, findings and recommendations 3 of the Advisory Council shall be made public in a semi-annual 4 report published by the Department of Natural Resources. 5 (d) The Department shall present proposed changes in 6 rules or regulations related to this Act to the Advisory 7 Council for its comments before putting such proposed changes 8 in rules or regulations into effect, except for circumstances 9 of emergency or other circumstances enumerated in Sections 10 5-45 and 5-50 and subsection (c) of Section 5-35subsections115(b), (d) and (e)of the Illinois Administrative Procedure 12 Act. 13 (e) The Council shall review the federal Surface Mining 14 Control and Reclamation Act of 1977 (P.L. 95-87) and the 15 question of development and implementation of an approved 16 permanent State program thereunder. The Council shall make 17 its review and written recommendations to the Director of 18 Natural Resources. The Council may seek comment from 19 affected persons and the public prior to making its 20 recommendations. 21 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.) 22 (225 ILCS 715/5) (from Ch. 96 1/2, par. 4506) 23 Sec. 5. Application for permit; bond; fee; permit. 24 (a) Application for a permit shall be made upon a form 25 furnished by the Department, which form shall contain a 26 description of the tract or tracts of land and the estimated 27 number of acres thereof to be affected by surface mining by 28